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RDA Resolution 1992-08V RESOLUTION NO. RA 92-8 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 769-083-002, 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 769-083-002, located along Calle Tampico in the City of La Quinta, County of Riverside, State of California the Y*propertyv); 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; BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 VResolution No. RA 92-8 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: Nr. Bohnenberger, Mrs. Franklin, Mr. Rushworth Mr. Sniff and Chairman Pena NOES: None ABSENT: None ABSTAIN: None BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V Resolution No. RA 92-8 La Quinta Redevelopment Agency ATTEST: AU **cretary 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- 8 adopted by the Board on May 5, 1992. SAUNDRA L. JUHOLA, Secretary City of La Quinta, California BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V Resolution No. RA 92-8 Page 1 EXHIBIT A FEE SIMPLE TITLE to the real property in the City of La Quinta, Coi*nt* of Rivers1de* *tate of Californ*a. described as; Na. 2 *hat portiori of the Sou+*h one-half S+) of *he Northwest one- quarter nW+) of Section *. Town:hip 6 Southg Ran*e 7 Eas*, S.B.M.1 described as follows: *eg1nning at a point dlatant 30.00 f.e* northerly, mea*ured at right angles* fro* the centerline of Calle Tar*ipico. said point beinq the southwest corner of the parcel of land described *n 1EXHIBIT B" of the easement conveyed to the Cit/' of La QUifltaq a *unicipal Corporation* by document recorded October S, 198?* es Instrument No. 2873S3, in the Office of the **unty Recorder of Riverside County. Cal*fornii; Thence South 89'59'OO" West, parallel with *4id centerline *f Calle Tampico1 and along the northerly *1ne thereol1 a distance of 2*O.O4 feet to the southeast corner of the parcel of land con* veyed to the County of Riverside by document recorded November 26. l963* as Instrunient No. 124850, in said Office of the County Recordur; Thence North O0*D2'18" Wesj along the easterly line *f last said parce* a distance of 20.00 feet to a point distant 50.00 feet northerly1 rn.easured at right angles, from the centerline of Ca*l* Tampico; Thence North 89Q59l0Oa* East paralle* with s*id centerline a distance of 2l0.0* feet to the northwe*t corn.* of said parcel of land described in said EX*IBIT BUE hereinabove described; Thence South OOeOlUOOII East along the westerly line of last said parcel of land a distance of ZO.0O feet to the point of begl*ning* Containing 4*20l Sq*are Feet, more or less. FEE SIMPLE *ITLE to the real property in the City of La Quinta, County of Riverside, State of California, described as: Parcel No. 8 That portion of Lot 1 in *lock 125 of $anta Car*ellta at Vale La Quinta Unit No. 14, as shown an map thereof ufl fl*e iri Book 18. EX*IBIT A Page 1 of 4) BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 VResolution No. RA 92-8 Page 2 EXHIBIT A pag*s 82 and 83, of Maps, Record* of the Recorder of Riverside County1 California, described as follows: Beginning at the northwest corner of said Lot 1; Thnn** South 00*04'38" East alcng the westerly 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" East9 parallel with said centerline, a distance of 75.06 feet; The*c. South 47*Z*'S6" East a distance of 33.93 *eet to the easterly line of said Lot 1; Th.nce North 00804IZSe* West elong s*id ensterly line to the beginning of a tangent curve in the curved northeasterly line of said lot, said curve being concave southwesterly and having a radius of 20.00 feet; Thence along said curved northeuterly line and alon* the nor- therly line of said lot the following two 2) courses: 1) Northerly, northwesterly, and westerl* along the arc of 5Cid curve through a central angle of 89.5l*SB* a distance of 31.37 feet; 2) Thence North 8905612611 West1 tangent to said curve1 and along said north*r1y lina, a distance of 80.05 feat to the point of beginning. ContainIng 2,201 Square Feet, more or less. A TEHPORARY CONSTRUCTtON EASEMENT to enter upon the following de- scribed real property for all necessary purposes incidental to the planned reconstruction and widening of Calle Tampico in accordance with the engineered and approved road constr*ction plans therefor, said purposes Including, but not necessarily *eing limited to, all necessary structure demolition and removal, grading, excavation, tree removal. earth bockfill operat1ans* and the tem*orary deposit Cf tools1 equip*ent, find materials. said real property being de*cri*ed ast Parcel No. *-TE The southerly 30 feet of the northerly 50 feet of Lot 1 in *lock 125 of Santa Carmelita at Vale La *uinta Unit No. 14, a! *hown EXHISIT A Page 2 of 4) BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V I, Resolution No. RA 92-8 Paqe 3 EXH*BIT A on map thereof recorded in Book *8. *aoes 82 cnd 63. of *aps, Records cf said Count* Recorder; EXCEPTING that portion *ying within Parcel No. 8 hereinabove described. Containing 2*713 square feet1 more or less. FEE SI*PLE TtTLE to the * property in the City of La Cuinta. County of Riverside. State of California, described as: Parcel No. 17 The northerly 20 feet *f Lot 62 of Desert C*ub 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 Feet9 more or less. FEE SIKPLE TITLE to the real propert* in the City of La Quinta, County of Riverside. St*te of California. described as; Parcel No. 18 The northerly 20 feet of Lot 63 of Desert C**ub Tract No. 49 as shown on map thereof recorded in Book 21. Fage 60. of Maps, Records of thu County Record.r of said County* Cont.ini*g 2,000 Square reet, mare or *eIs. FEE SI*PLE TITLE to the real property in the City of La Quinta. County of Riverside, *tate of C*liforniaq described as: Parcel No. 1* The northerly 20 feet of Lot 64 of Desert Clu* Tract No. 4. a* shown on Inip thereof recorded in Book 21. Page 60, of Maps, Records of the County Recorder of said County. Containing 2,000 Square Feet, more or less. EX14ISIT A Page 3 of 4) BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 VResolution No. RA 92-8 Paqe 4 EXII*B3T A FEE SIMPLE TITLE to the reel property in the C*ty of La quinta. County of Riverside1 State of Ciliforn,a, described as.* Percel No. *O The northerly 20 feet of Lot 6* of Desert Club Tract No. 4* *s shown on map thereof recorded in Book 2l* Page 6O* of Maps, RCCQrds *f the County Re*order of said County. Containing 3,102 Square Feet9 more or l.ss. FEE SINPLE TiTLE to the real property in the City of La Ouinta. County of Riverside, State of California, described as: Parcel No. *1 The northerly 20 feet of Lot 66 of Desert Club Tract No. 4, *s shown on map thereof recorded in Bock 21, Page 60, of Maps, Records of the County Recorder of said County. Containing 2,910 Square Feet, more or less. EXHIBIT A Page 4 of 4) BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V NOTEXTPAGE BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V NOTEXTPAGE BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02 V NOTEXTPAGE BIB] 09-16-1997-U01 10:57:03AM-U01 ADMIN-U01 RDARES-U02 92-U02 08-U02