RDA Resolution 1992-010l RESOLUTION NO. RA 92-10
A RESOLUTION OF NECESSITY OF THE LA QUINTA REDEVELOPMENT AGENCY,
DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF THE PROPERTY KNOWN
AS ASSESSORS PARCEL NUMBER 769-083-004, LOCATED ALONG CALLE
TAMPICO FOR PUBLIC HEALTH, SAFETY AND WELFARE PURPOSES, AND
DIRECTING AND AUTHORIZING THE AGENCY ATTORNEY, AGENCY SPECIAL
COUNSEL AND AGENCY CONDEMNATION COUNSEL TO PREPARE, COMMENCE AND
PROSECUTE ACTION(S) IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA FOR THE COUNTY OF RIVERSIDE FOR THE PURPOSE OF
CONDEMNING AND ACQUIRING THE PROPERTY.
WHEREAS, the legal notice of intention to adopt a Resolution
of Necessity to acquire by eminent domain the hereinafter described
property in fee simple was duly given by the La Quinta
Redevelopment Agency pursuant to and in compliance with the
requirements of Section 1245.235 of the California Code of Civil
Procedure; and
WHEREAS, the La Quinta Redevelopment Agency held a public
hearing on those matters specified in the Notice of Intention to
Adopt a Resolution of Necessity and has provided all persons
present a reasonable opportunity to appear and be heard on those
matters referred to in California Code of Civil Procedure Section
1240.030;
NOW, THEREFORE, BE IT RESOLVED that the La Quinta
Redevelopment Agency hereby declares, finds and determines that;
1. The public interest and necessity require street
improvements by the La Quinta Redevelopment Agency on certain real
property including that legally described on Exhibit A and shown on
Exhibit B, which are attached hereto and incorporated herein as
though set forth in full, commonly referred to as the approximately
2000 square feet of the property known as APN 769-083-004, located
along Calle Tampico in the City of La Quinta, County of Riverside,
State of California the Property");
2. The public interest and necessity require the acquisition
and taking of a fee simple interest in the property for street
improvement purposes and for elimination of blight and to benefit
a Redevelopment Project Area by the La Quinta Redevelopment Agency,
which use is a public use authorized by law;
3. The acquisition is permitted and the La Quinta
Redevelopment Agency Agency") is empowered to use eminent domain
for the stated public purpose pursuant to the Eminent Domain Law
Code of Civil Procedure Section 1230.010 et seq.) Sections 33000
et seq, of the California Health and Safety Code, and Government
Code Section 37350.5;
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4. The offer required by Section 7267.2 of the California
Government Code has been made to the owner or owners of record as
described on the last equalized tax assessment roll and in a title
report obtained on behalf of the La Quinta Redevelopment Agency;
5. The taking and acquiring by the La Quinta Redevelopment
Agency of the real property described herein is deemed necessary
for street improvement purposes and for elimination of blight and
to benefit a Redevelopment Project Area which is planned and
located in a manner most compatible with the greatest public good
and the least private injury;
6. As to any portion of the property that is currently
appropriated for a public use, the use for which the property is
sought to be taken is a more necessary public use and the La Quinta
Redevelopment Agency is empowered to take for a more necessary
public use pursuant to California Code of Civil Procedure Section
1240.610;
7. The Agency attorney, Agency special counsel, and Agency
condemnation counsel are authorized, empowered and directed to
prepare, commence and prosecute eminent domain actions in the
Superior Court of the State of California for the County of
Riverside in the name and on behalf of the La Quinta Redevelopment
Agency against all owners and persons claiming or having an
interest in or to the property, for the purpose of performing and
carrying out all proceedings and steps incident to the condemnation
and acquisition of said property, including obtaining orders of
prejudgment possession, retaining appraisers and other expert
witnesses, consultants and the like;
8. The Treasurer and Finance Director of the La Quinta
Redevelopment Agency are hereby authorized and directed to draw
warrants from the appropriate funds to pay to the Clerk of the
Riverside County Superior Court such sums of money requested by the
Agency attorney, Agency special counsel, or Agency condemnation
counsel to comply with legal requirements for preserving valuation
dates, obtaining orders of prejudgment possession, satisfying
judgments in condemnation or effectuating settlements of any such
actions in condemnation.
PASSED, APPROVED and ADOPTED this 5th day of May 1992.
AYES: Mr. Bohnenberger, Mrs. Franklin, Mr. Rushworth
Mr. Sniff and Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
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La Quinta Redevelopment Agency
ATTEST:
AU **retar*
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
Agency Legal Counsel
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE 55.
CITY OF LA QUINTA
I, SAUNDRA L. JUHOLA, Secretary of the La Quinta Redevelopment
Agency, do hereby certify the foregoing to be a full, true and
correct copy of La Quinta Redevelopment Agency Board Resolution No.
RA 92*10 adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
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Paqe 1
*XH!BIT A
FEE SI*PLE TI*LE to the real property In the City of La Quinte,
Count* of Riversid*, *tate of California, described as:
Parcel No1 2
Thit *ortion of the Sou+*h one-half S+) of the Northwest one-
quarter *W+) of Section 5. ToWn3hip 6 South9 Range 7 Eas*,
S.B.M.. described as follows:
*eg1nniflg at a point di3tant 30.00 f..t northe*ly, mea*ured
at right angles, fro* the centerline of Calle Ta*pico, said point
belnq the south*est corne* of the parcel of land described *n
EXHI*IT B" of the easernent conveyed to the City of La Qu1nt*,
a *uniclpa1 Corporation9 by document rec*rded October 5, 1987,
as nstrument No. 287363, in the Office of the County Recorder of
Riverside Countj', California;
Thence South *9*59l00u *est. parall.l with *aid centerline *f
Calle Tampico* and along the northerly line thereof, a distance
*f 2*0*O4 feet t* the southeast corner of the parcel of land con-
veyed to the County of Riverside by document recorded Novernber
26, l963* as Instrument No. 124850, in said Office of the County
Recordur;
Thence North 00*0Z'18" West along the easterly line *f last
said parcel a distance of 20.00 feet to a *o1nt dIstant 50.00
feet northerly. Te*surId at right angles, frorn the centerline of
Calle T&.pi*oi
Thence North 89*59'00" East parallel with said centerline a
distance of 210.0* feet to the northwest corner of said parcel *f
land described in *aid * B" hereinabove described;
Thence South 00e01100u East along the westerly line of last said
parcel of land a distance of ZO.O0 feet to the point of
begi*ning.
Containing 4*201 Square Feet9 more or less.
FEE SIMPLE TIT[E to the real *roperty in the City of La Quinta.
County of Riverside, State of California, described as:
Parcel No. 8
That portion of Lot 1 in Block 125 of Santa Carinelita at Vale La
Quinta Unit No. 14, as shown an *ap th*reo' on fi*e in Book lB.
EX14IBIT A
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EX*1B*T A
pagcs *2 and 93, of *api, 1ecordt of the Recorder of Riverside
County1 California* described as followsi
B*ginning at the north*est cor*er of said Lot 1;
Then*e South 00a04*38* East alcng the westerly line of said
Lot I a distance of 20.00 feet to a point distant 50.00 feet
southerly, measured at right angles, from the centerline of
Celle Tez;ipico;
Thence South 89*5G'26" East1 *arallel with said centerline, 8
distance of 75.06 feet;
Thence S*uth 47**3*56* East a d*tance of 33,g3 feet to the
easterly line of said Lot 1;
Thence North 00*04'26' West along said castarly line to the
beginning of a tangent curve in the curved northeasterly line
of said lot. said curve bein* concave southwesterly and having a
radius of 20.00 feet:
Thence along said curved northeasterly line and along the nor-
therly line of said lot the following two 2) courses:
1) Northerly, *orthwesterly, and westerly along the arc *f said
curve through a central angle of 89*5l'58" a distance of
31.37 feet:
2) Thence North 890S6'26" West, tangent to said curve1 and
along said northerly line, a distance of 80.05 feet to the
point of beginning.
Containl*g 2,201 Square Feet, more or less.
A TE*P0RARY CONSTRUCT!ON EASEMENT to enter upon the fo1lowin* de-
scribed real property for all necessary purposes incidental to
the planned reconstruction and widening of Call. Tampico in
accordance with the engineered and appro*ed road construction
plans therefcr, said purposes including, but not necessarily
being limited to, all necessary structure demolition and removal,
grading, excavation1 tree removal1 earth backfill operations.
and the temporary deposit of tools. equipment, and materials,
seid real property being described as.*
Parcel No. 8-TE
The southerly 30 feet of the northerly 50 feet of Lot * in Block
125 of Santa Carmelita at Vale La Quinta *nit No. 14, a! shown
EXHISIT A
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EXHIBIT A
on Tiep thereof ree*rded in Book 18, ages $2 end 83, of Maps,
Records of said County Recorder;
EXCEPTING that portion lying withiri P*rce1 No. 8 hereinabove
descri bud.
Containing 2,7*3 squere feet1 more or less.
FEE SIMPLE TITLE to the v'ea* property in the City of La Quinta.
County of Riverside, State of California, described as:
Parcel No. 17
The northerly 20 feet *f L*t 62 of Desert C*ub Tract No. 4, as
shown on m*p thereof recorded in Book 21, Page 60, of Maps1
Records of the County Recorder of said County.
Containing 2,000 Square Feet. more or less.
FEE SIMPLE TITLE to the real property in the City of La Quinta,
County of Riverside, State of California, described as:
P*rce1 No. 18
The northerly 20 feet of Lot 63 of Desert C*ub Tract No. 49 as
sho*n on map thereof recorded in Book 21, Fa*e 60, of *dPS,
Records of th. County Rec*rder of said County.
Cont*ining 2,000 Square *eet, more or
FEE SIMPLE T*TLE to the rea* property in the City of La Quinta.
County of Rjver*ide, $tate of California1 described as:
Parcel Np. 19
The northerly 20 feet *f L*t 64 of Desert C1u* Tra*t No. 4. as
Shown on inap thereof recorded in Book 21, Page 60, of Mapsq
Records of the County Recorder of said County.
Containing 2,000 Square Feet, more or less.
EXHIBIT A
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EXHIB3T A
FEE SIMPLE TITLE to the re,1 property In the City of Ii *uinta,
County of Riverside, State of California9 described as:
Pirce* No. 20
The northerly 20 feet of Lot 65 of Desert Club Tract Na. 4* as
shown on map thereof recorded in Book 21, Page 60, of *aps,
RCCQrd5 *f the County Re*ordcr of said County.
Co*taining 3,102 Square Feet1 more or *ess.
FEE SIMPLE TITLE to the real property in th* City *f La Ouint*,
County of Riverside, State of CiJifornifi, described as:
Parcel No. 21
The northerly 20 feet of Lot 66 of Desert Club Tract No. 4, as
shown on map thereof recorded in Bock 21, Page 60, of *aps,
Records of the County Recorder of said County.
Containing 2,910 Square Feet1 more or *ess.
EXIIIBIT A
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