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CC Resolution 1990-016#< RESOLUTION NO. 90-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE A STREET WIDENING PROJECT FOR WASHINGTON STREET ON A PORTION OF THE PROPERTY LOCATED AT 47-250 WASHINGTON STREET, ASSESSOR'S PARCEL NO. 617-070-005; AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF THE PROPERTY; AND DIRECTING AND AUTHORIZING THE CITY'S ATTORNEY AND 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 property") in fee simple was duly given by the City of La Quinta pursuant to and in compliance with the requirements of section 1245.235 of the Code of Civil Procedure; and WHEREAS, the City held a public hearing on those matters specified in the notice of intention to adopt a resolution of necessity and has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure; NOW, THEREFORE BE IT RESOLVED the City of La Quinta hereby declares, finds and determines, as follows: 1. The public interest and necessity require the acquisition for street purposes of certain real property legally described herein and commonly referred to as the strip of land immediately adjoining Washington Street approximately 128 feet wide and consisting of approximately 42,450 square feet or 0.975 acres of the property located at 47-250 Washington Street, La Quinta, Riverside, California, Assessors Parcel No. 617-070-005 the Property"); 2. Public interest and necessity require the acquisition and taking of a fee simple interest in the Property for street purposes, which is a public use authorized by law; BIB] 07-28-1998-U01 09:17:35AM-U01 ADMIN-U01 CCRES-U02 90-16-U02 #<Resolution No. 90-16 Page 2 3. Sections 1240.010, 1240.110, 1240.120, 1240.610 and 1255.410 of the California Code of Civil Procedure, and Sections 37350.5 and 40404 of the California Government Code permit and empower this acquisition by eminent domain for the stated public use; 4. The real Property sought to be condemned is legally described in Exhibit A which is attached hereto and incorporated herein as though set forth in full; 5. The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record; 6. The taking and acquiring by the City of the real property described herein is necessary for street purposes, and is planned and located in a manner most compatible with the greatest public good and the least private injury; 7. As to any portion of the Property that is currently appropriated for public use, the use to which the Property is sought to be taken is a more necessary public use and the City of La Quinta is empowered to take for a more necessary public use pursuant to section 1240.610 of the Code of Civil Procedure; 8. The law firm of Stradling, Yocca, Carlson & Rauth, a professional corporation 1tCounsellY), is authorized, empowered and directed to prepare, commence and prosecute eminent domain action(s) in the Superior Court of the State of California in and for the County of Riverside in the name and on behalf of the City of La Quinta against all owners and persons claiming or having interests in the property, and to perform and carry out all proceedings and steps incident to the condemnation and acquisition of the Property, including obtaining order for prejudgment possession; 9. The treasurer, finance director and city manager of the City of La Quinta are hereby authorized and directed to draw warrants from the appropriate funds to pay to the Clerk of the Court such sums of money as are requested or required by Counsel to comply with the legal requirements for preserving valuation dates, obtaining orders for prejudgment possession, making deposits with the Court, and satisfying judgments or orders entered in any such condemnation action. BIB] 07-28-1998-U01 09:17:35AM-U01 ADMIN-U01 CCRES-U02 90-16-U02 #< Resolution No. 90-16 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of March, 1990, by the following vote, to wit: AYES: Council Members Bohnenberger, Rushworth, Mayor Pena NOES: None ABSENT: Council Member Bosworth ABSTAIN: None CITY OF L QUI* A *jjjT; *AUNDRA HOLy<lerk City of La Quint a APP D AS TO FORM: *)itY 0 Quinta, alif ia BIB] 07-28-1998-U01 09:17:35AM-U01 ADMIN-U01 CCRES-U02 90-16-U02 #< A.P.N. 617-070-05 EXHIBIT A That portion of the land conveyed to Routhford Jack Burkett and Gladys Louise Burkett by deed recorded September 5, 1986 as document no. 215323 in Official Records in the Office of the County Recorder of Riverside County, State of California, said land being a portion of theNorthwest quarter of the Southeast quarter of Section 30, Township S South, Range 7 East, San Bernardino Meridian., included within a strip of land 120.00 feet wide, lying 60.00 feet on each side of the following described centerline: Beginning at the intersection of the southerly line of said Section 30, as shown on Parcel Nap No. 15772, recorded in Book 79, pages 58 and 59 of Parcel Maps in the Office of the County Recorder of said Riverside County, with a line parallel and 15.00 feet westerly frc* *he east line of the southwest quarter of said Section; thence along said parallel line North 00*l9'33" West 1249.16 feet to the beginning of a curve concave easterly1 having a radius of 2700.00 feet; thence northerly along said curve through a central angle of ll*44'3l'* an arc distance of 553.33 feet to a point of reverse curve concave westerly, having a radius of 2700.00 feet; thence northerly along said curve through a central angle of 1l*44b3lIt an arc distance of 553.33 feet to a line parallel with and 98.00 feet easterly of said east line of the southwest quarter of said section; thence along said parallel line North 00*l9'33" West 555.00 feet to the beginning of a curve concave westerly, having a radius of 2700.00 feet; thence northerly along said curve through a central angle of 06*48'04" an arc distance of 32G.49 feet to a point of reverse curve concave easterly, having a radius of 2700.00 feet; thence northerly through a central angle of 06'48'04" an arc distance of 320.49 feet to a line parallel with and 60.00 feet easterly of the easterly line of the northwest quarter of said section; thence along said parallel line North 00*l9'33"West 925.44 feet to the beginning of a curve concave westerly, having a radius of 2000.00 feet; thence northerly through a central angle of 02*50'06" an arc distance of 98.96 feet to the centerline of Simon Drive, also known as Oreste Drive as shown on Parcel Map 9618 recorded in P.M. Book 60,Page 18 in the Office of the County Recorder of 5aid County. The sidelines of the above described 120.00 foot wide strip of land shall be lengthened or shortened, as required to terminate southerly at the southerly line of said sect*on 30. Attached hereto and made a part of this legal descript*on 18 a plat designated uuBII. This legal description and plat were * Thy supervision on April 19, 1989. Eric A. Nelson, L.S. 5563 * *kL?>*/?JOJr563. BIB] 07-28-1998-U01 09:17:35AM-U01 ADMIN-U01 CCRES-U02 90-16-U02