RDA Resolution 1992-07K RESOLUTION NO. RA 92-7
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 773-073-006, 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
2200.8 square feet of the property known as APN 773-073-006,
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 Chairman Pena
NOES: None
ABSENT: None
ABSTAIN: None
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JOHN NA, a rman
La Quinta Redevelopment Agency
ATTEST:
UNDRA L. JUHO A, Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
/*JAA** **IJilJ*P*
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- 7 adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
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Paqe 1
EXHIBIT A
FEE SIMPLE TITLE to the real property in the City of La Quint.,
Count* of Riyerside, State of Celifornia. described as.'
Parcel Na. 2
That portion of the Sou+,h one-half 5+) of the Northwest one-
quarter NW+) of Section 6. Town*hip 6 South, Ran*e 7 East,
S.B.M.1 des*ribed as follows:
Beginning at a *oint d1ut*nt 30.00 feet northerly, *ea*ured
at right angles, fro* the centerlint of Calle Tampico, said point
beinq th. south*est corner of the parcel of land described *n
EX*I*IT B" of the easement conveyed to the City of La Quinta,
a Municipal Corporation, by document ecorded October 5, 1987.
as Instrument No. 287363, in the Office of the County Recorder of
Riverside County1 California;
Thence South 69*59'00" West, parallel with said centerl4ne *f
Call. Tampico, and along the northerly l*ne thereof, a distance
of 210.04 feet to the southeast corner of the parcel of land con*
veyed to the County of Riverside by document recorded Noycaber
26. 1963, as Instrument No. l24*5O, Ir' said Office of the County
Recorder;
Thence North OO*O2'l8" Wesj alona the easterly line *f last
said parcel a distance of * feet to a point distant *0.O0
feet northerly, *easured at right angles, from the centerline of
Call. Tampi*oi
Thence North 8905910011 East parallel with said centerline a
distance of 210.05 feet to the northwst corner of *aid parcel of
land described in said EX*IBIT *" hereinabove described;
Thence Sauth 0Oe0l*0Ou East along the westerly line of last said
parcel of land a distance of 20.00 feet to the point of
beginning.
ContaIning 41201 Square Feet, more or less.
FEE SI*PLE TITLE to the real *roperty in the City of La Quinta,
County of Riverside, Stat. of C*1ifornia, described as:
*lNo
That portion of Lot 1 in Block 125 of Santa Ca*mellta at Vale La
Quinta *flit No. 14, as shown on uiap thcreof file in Beck 18.
EX*IBIT A
Page 1 of 4)
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Resolution No. RA 92-7
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EXHIBIT A
pages 82 and 83, of Maps, Records of the Recorder of Riverside
County, California1 described as follows:
Beginning at the northwest corner of said Lot 1;
Then*e South 00004133n East alcrig the wester*y line of said
Lot 1 a distance of 20.00 feet to a point distant 50.00 feet
southerly, *easured at right angles, from the centerline of
Celle Tempico;
Thence South 89*56'26" East, parallel with said ce*terl1ne, *
distance of 75.06 feet;
Thence South 47*?*'S6* East a distance of 33.93 feet to the
easterly line of said Lot 1;
Thence North o0804I26* West elong s*id c*sterly line to the
beginning of a tangent *urve In the curved northeasterly line
of said lot. said curve being concave southwesterly and having a
radius of 20.00 feet;
Thence *lang said curved northea&terly line and a1cn* the nor-
therly line of said lot the following two 2) courses:
1) Northerly, i*orthwesterly, end westerly along the arc of soid
curve through a central angle of 89*51'58" a distance of
31.37 feet'.
2) Thence North 89*SE*2E* West1 tangert to said curve. and
along said northerly line, a distance of 80.OS feet to the
point of beginni*g.
Containing 2,201 Square Feet, more or less.
A TENPORARY CONSTRUCTION EASEMENT to enter upon the following de-
scribed real property for 11 necessary purposes Incidental to
the planned reconstruction and widening of Calle Tampico in
accordance with the engineered and approved road construction
plans therefor, said purposes Including, but not necessarily
being limited to, all necessary structure demolition and removal,
grading, excavation, tree r.moval, earth backfill operations,
and the temporary deposit of tools. equipment9 and materials,
sold reel property being de:cribed a;.*
Parcel No. 8-TE
The southerly 30 feet of the northerly 50 feet of Lot 1 In Block
125 of Santa Carme*ita at Va*e La Quinta Unit No. 14. as shown
EXHIBIT A
Peg. 2 of 4)
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EXIIISIT A
on map thereof ree*rded in Book 18. pages 82 md 83, of Maps9
Records of said County Recorder;
EXCEPTING that portion lying within Parcel *o. 8 hereinabove
duscri bed.
Containing 2*7l3 square feet, more or less.
FEE SIMPLE T'ATLE to the r*a1 property in the City of *a Quinta.
County of Riverside. State of Ca1ifornia* described as:
Parcel No. 17
The northerly 20 feet of Lot 62 of Desert Club Tract No. 4, as
shown on map thereof recorded in Book 21, Page 60. of Maps.
Records of the County Recorder of said County.
Containing 2.000 Square Feet. *Ore or less.
FEE SINPLE TITLE to the real propert* in the City of La Quinta1
County of River*ide, Stat. *f California. described as:
Pircel No. 18
The northerly *D feet of Lot 63 of *esert C*ub Tract No. 4, as
shown on ma* thereof recorded in Book 21. Page 60. of *
Records of thu County Recorder of said County.
Cont.ining 2,000 Square Feet, more or lesi.
FEE 51*PLE TlTLE to the real property in the City of L* Quinta,
County of Riverside1 *tate of California, described as:
Parcel No. 19
The northerly 20 feet of Lo* 64 of Desert Cl** Tract No. 4, as
shown an map thereof recorded in Book 21. Page 60. of *aps,
Record* of the C*unty Pecorder of said County.
Containing 2,000 Square Feet, more or less.
EX*IR1T A
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EXll*B3T A
FEE SIMPLE TITLE to the *eel property In the City of La Quinta.
County of Riverside1 St*te of C*lifornia, described as:
Parcel No. 20
The northerly 20 feet of Lot 65 of Desert Club Tract *o. 4, as
shown on inap thereof recorded In Book 21, *a*e 60. of *aps,
Record* of the County R,corder of *a1d County.
Containing 3,102 Square Feet, more or 1.*s.
FEE SINPLE TITLE to th. real property In th* city of L. Ouint*.
County of Riverside, State of California9 described as:
Parcel No1 21
The northerly 20 feet of Lot 66 of Desert Club Tract No. 49 as
shown on map thereof recorded in Bo*k 21. Page 60, of Maps1
Records of the Courity Recorder of said County.
Containing Z.910 Square Feet, more or less9
EXHIBIT A
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