RDA Resolution 1992-09a RESOLUTION NO. RA 92- 9
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 769-083-003, 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 769-083-003, 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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a Resolution No. RA 92-9
La Quinta Redevelopment Agency
ATTEST:
*SAUNDRA L. JUHOLA, Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
I
STRADLING, YOCCA, *RL*ON & RAUTH
Agency Legal Counsel
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
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-* adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
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Page 1
EXHIBIT A
FEE SIMPLE TITLE to the real property In the City of *a Quinte,
Count* of Riverside. $tate of CeliforniK. described as:
RAt-celNo.2
That portion of the South one-half S+) of the Northwest one-
quarter NW+) of Section *. Town*hip 6 South* Ran*e 7 East,
S.B.M., described as follows:
BeginTilny *t a p*int di3t*n* 30.00 feet northerly, 1!2ea*ured
at right angles, fro.* the centerline of C*lle Tampico, said point
beinq the southwest corner of the parce* of lana described *n
EXHIBIT *" of the easement conveyed to the City of La Quinta.
a Municipal Corpor*tion9 by document ecord.d October 6, 1987,
*s Instrument Na. 287363, in the Office of the *ounty Recorder of
Riverside County, California;
Thence South 89*59'OQ" *est, parallei with said centerline *f
Calle Tampico9 end along the northerly l4ne thereof1 a distance
of 210.04 feet tD the southeast corn*r of the parcel of land can-
yeyed to the County of Riverside by document recorded November
Z6, 1963, as Instrument No. 1Z4550, in said Office of the County
Recordur;
Thence North O0*O2'18" West 0long the easterly line *f last
said parcel a distance of * feet to a point distant 50.00
feet northurly9 measured at right angles9 from the centerline of
Call. Tampi*oi
Thence North 8905910011 East parallel with said centerline a
distance of 210.05 feet to the northwest corner of said parcel of
land described in said EXHIBIT B" hereinabove described;
Thence South 00e01t0011 East alon* the westerly line of last said
parcel of land a distance of ZO*O0 feet to the point of
beginning.
ContaIning 41201 Sq'jare Feet, more or le55*
FEE SIMPLE TITLE to the real pro*erty in the City of *a Quinta*
County of Riverside, State of Ca1lforni*, described as:
Parcel No. 8
That portion of Lot 1 In Block lZS of Santa Carmelita at Vale La
Quinta Unit No. 14, as shown on map th*reaf on file in Bo*k lB.
EXHIBIT A
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EXHIBIT A
pages 82 and 83, of Mipi, Recordg of the Recorder of Riverside
County1 California, described as follows:
Beginning at the northwest corner of said Lot 1;
Then** South 00*04'38" East along the westerly line of said
Lot 1 a distance of 20.00 feet to a point distant 5V.0D feet
southerly, measured at right angles9 from the centerline of
C.*1e Tempico;
Thence South 89*56'26" East, parallel with said centerline, a
distance of 75.06 feet;
Thence South 47**3'S6" East a distance of 3*.93 feet to the
easterly line of said Lot *;
Thence North 008041z8tf *e*t along said easterly line t* the
beginning of a tangent curve in th. curved northe*sterly line
*f Said lot. said curve being concave southwesterly and having a
radius Qf 20.00 feet,*
Thence along said curved north.a*ter1y line *nd along the nor-
therly line of said lot the following two 2) courses:
1) Northerly, northwesterly, and westerly along the arc of said
curve through a central angle of 89*5l'58' a distance of
31*37 feet;
2) Thence North 89c56l26*I West, tangent to said curve, and
along said northerly l1n*1 a distance of 80.05 feet to the
point of beginning.
Containing 2,201 Square Feet1 more or less.
A TEMPORARY CONSTRUCTION EASEMENT to enter upon the following de-
scribed real property for all necessary purposes incidental to
the planned reconstruction and widening of Calle Taivipico in
accordance with the engineered and *pproved road *onstr*ction
plans therefor1 said purposes including, but not necessarily
being limited to, all necessary structure den1olition and removal,
grading, excavation, tree removal. earth backfill operations.
and the te**iporary depos*t of tools, equipment, and materials.
s,id ruel property be1n* described as.'
Parcel No. 8-TE
The southerly 30 feet of the northerly 50 feet of LQt * in Block
125 of Santa Carmelita at Vale La *uinta Unit No. 14. as shown
EXHIBIT A
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EXHISIT A
on map thereof re**rded in Book 18. *a*es 82 and 83, of Ma*s,
Records ef said County Recorder;
EXCEPTING that portion lying within Parcel No. B hereinabove
describwd.
Containing 2,7*3 square feet. more or less.
FEE S1*PLE TITLE to the * propert* in the City of La Quinta.
County of Riverside, State of California, 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 *f said County.
Containing 2.000 Square Feet, more or less.
FEE SIMPLE TITLE to the real *ropert* in the City of La Quinta,
County of Riv.r*ide. State *f California. described as;
Parcel No. 18
The northerly *D feet of Lot 63 of Desert C*ub Tract No. 4, as
shown on map thereof recorded in Book 21. Page 60. of *aps9
Records of thi County Recorder of said County.
Containing 2,000 Square Feet, more or 1.*i.
FEE SIMPLE TITLE to the reol property in the City of La Qu*nta.
County of Riverside1 State of California1 described as:
Parcel No. 19
The northerly 20 feet of Lot 64 of Desert C*u* Tract No. 4, as
shown on inap thereof recorded in Book 21, Page 60, of Maps,
Record* of the County Recorder of said County.
Containing 2,000 Square Fe.t1 more or less.
EXHIBIT A
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EXllIB*T A
FEE SIMPLE TITLE to the reel property In the City of Li Quinta,
County of Riverside1 State of California, described as:
Pirce* No. 2C
The northerly 20 feet of Lot 6S of Desert Club Tract No. 4* *s
shawn on map thereof recorded In Book 2l* Page 60. of Map*,
Rec*rds Qf the County Recorder of 5eid County.
Containing 3.102 Square Feet, more or less.
FEE SIMPLE TITLE to th. reaJ property in th* City of Li Ouinta,
County of Riverside, State of California, descr*'bed is..
Parcel No. *l
The northerly 20 feet of Lot 66 of Desert Club Tract No. 49 *S
Shown on map thereof recorded in Book 21, Page 60. of *iPq
Records of the County Re*order of 5aid County.
Containing 2,910 Square Feet9 more or less.
EXHIBIT A
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