RDA Resolution 1991-05 RA
RESOLUTION NO. 91-5
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 AP NO. 769-154-008 AND
LOCATED AT THE SOUTHEAST CORNER OF AVENIDA
BERMUDAS AND CALLE AMIGO FOR REDEVELOPMENT, 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 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 the removal
of blight and the construction, operation and maintenance of. a
redevelopment project by the La Quinta Redevelopment Agency on
certain real property including that legally described on Exhibit
A, which is attached hereto and incorporated herein as though set
forth in full, commonly referred to as the 5.34 acres of 232,610
square feet of the property located at the southeast corner of
Avenida Bermudas and Calle Amigo in La Quinta, California, and is
also known as Assessor Parcel No. 769-154-008, located 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 fee simple interest in the Property for
the removal of blight and for a redevelopment project by the La
Quinta Redevelopment Agency, which use is a public use authorized
by law;
BIB]
07-30-1997-U01
03:20:54PM-U01
ADMIN-U01
RDARES-U02
91-U02
05-U02
RESOLUTION NO. RA 91-5
3. The acquisition is permitted and the La Quinta
Redevelopment Agency IYAgency*I) is empowered to use eminent domain
for the stated public purpose pursuant to the Eminent Domain Law,
Section 33000 et seq, of the California Health and Safety Code,
and Government Code Section 37350.5;
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 the removal of blight and the construction of
a redevelopment project, 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 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 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.
BIB]
07-30-1997-U01
03:20:54PM-U01
ADMIN-U01
RDARES-U02
91-U02
05-U02
RESOLUTION NO. RA 91-5
PASSED, APPROVED and ADOPTED this 2nd day of April
1991.
AYES: Mr. Bohnenberger, Mrs. Franklin, Mr. Rushworth,
Mr. Sniff and Mayor Pena
NOES:
None
ABSENT: None
ABSTAIN: None
Redevelopment Agency
ATT7T:*
of the La ui
Redevelopment Agency
BIB]
07-30-1997-U01
03:20:54PM-U01
ADMIN-U01
RDARES-U02
91-U02
05-U02