RDA Resolution 1992-11w RESOLUTION NO. RA 92-11
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 769-083-005, 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
3101.8 square feet of the property known as APN 769-083-005,
located along Calle Tampico in the City of La Quinta, County of
Riverside, State of California the 1Property'1);
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 Code1 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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JOH PENA, airman
La Quinta Redevelopment Agency
ATTEST:
j* Y<*retary
*RAL. JUHOL
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
STRADL I NG,YOCCA,CARLSON & 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*ll adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
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Paqe 1
*xIiIBIT A
FEE S1*PLE TITLE to the real property in the City of La Quinta,
Count* of Riyersida, State of California, d,icribed as:
Parcel No. 2
That portio* of the Sout* one-half S+) of the Northwest one-
quarter *W+) of Section *, Township 6 South. Range 7 Eas*,
S.B.M.. described as follows:
*eginning *t * pQint dl!tant 30.00 feet *ortherly1 mea*ur*d
at right angles, froi the centerline of Calle Ta*plco, said poin*
belnq the south*est corner of the parcel of land described *n
EXHI*IT *" of the easement conveyed to the City of La *uint5.
a Municipal Corporation, by document recorded October 6, 198?,
as Instrument No. 2S7363, in the Office of the County Recorder of
Riverside County1 Califarnia*1
Thence South 89'59'OO* West9 parallel with said *enterline *f
Calle Tampico, and along the northerly line thereof, a distance
of 210.04 feet to the southeast corner of the parcel of land con-
ve*ed to the County of Riverside by document recorded Nove*ber
*6. 1963, as Instrument No. 124550, In said Office of the County
Recorder;
Thence North 00*02'18" West *1ong the easterly line *f last
said parcel a distance of 20.00 feet to a point distant J*O.OO
feet northerly1 measured at right angles, from the centerline of
Ca*l. Tamp1*oi
Thence North 89059u0011 East parallel with said centerline a
distance of 210.0* feet to the narthwust corner of said parcel of
land described In said uEx*IBIT B" hereinabove described;
Thence Sauth 00e0110011 East along the westerly line of last said
parcel of land a d*stance of 20.00 feet to the point of
begl*ning,
ContainIng 4,201 Square Feet9 more or less4
FEE SI*PLE TIT*E to the real pro*erty in the City of *a Quinta,
County of Rivurside, Stat. of California, described as:
Parcel No. 8
That *ortion of Lot 1 it' Block 125 of Santa Cirmelita at Vale La
Quinta Unit No. 14, as shown on map th*reof *-n file in Bock iS.
EX*IBIT A
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EXllIB*T A
pages 82 and 83, of Mapi9 R.cord* of the Re*order of Riverside
COUntYg California1 deicribed as follow:
Beginning at the northwest corner Df said Lot 1;
Then*e South 00*04'38" East alcng the westerly line of said
Lot 1 a distance of 20.00 feet to a point distant 5().OD feet
sautherlyg measured at right angles, from the centerline of
Calle T,uipico;
Thence South 89*56'Z6" East, parallel with said centerline, *
distance of 75.06 feet;
Thence South 47***IS6lt East a distance of 33.93 feet to the
easterly line of said Lot 1;
Thence North 00B041z511 *e*t along said easterly line to the
beginning of a tangent curve in the curved northeasterly line
nf said lOtI said curve being concave southwesterly and having a
radius of 20,00 feet;
Thence along s**d curved northeasterly line and along the nor-
therly line of said l*t the following two 2) courses:
1) Northerlyq northwesterly, and westerly along the arc of said
curve through a central angle of 89*5l'5B*' a distance of
31.37 feet:
2) Thence North 89c5612611 West, tange*t to said curve1 and
along said north*rly un., a distan*e of 80.05 feet to the
point of beginning.
Containing 2,201 Square Feet9 more or *ess.
A TEMPORARY CONSTRUCTtON EASEMENT to enter upon the followin* de-
scribed real property for all necessary purposes incidental to
the planned reconstruction and widening of Celle Taivipico in
accordance with the engineered and approved road construction
plans therefor, said purposes Including, but not necessarily
being limited tn9 all necessarv structure demolition and removal,
grading, excavation1 tree r.*oval1 earth backfill operations,
and the temporary depos*t of tools1 equipment, and materia*s1
seld real propert* being descri*ed as.*
Parcel vo. 8-TE
The southerly 30 feet of the northerly 50 feet of Lot 1 in *lock
125 of Santa Carmelita at Vale La *uinta *nlt No. 14, as *hown
EXHISIT A
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EXHIBIT A
o* map thereof re**rded in Book 18. * 82 end 83. of *aps,
Records of said County Recorder;
EXCEPTING that portion lying within Parcel No. B hereinabove
descri bgd.
Containing 2.7*3 square feet. mare or less.
FEE SI*PLE T'*TLE to the real property 4n the City of La 0ui*.ta.
County of Riversid., State of Callforni*, 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, Pag. 609 of Maps,
Records of the County Recorder of said County.
ContainIng 2.000 Square Feet. more or less.
FEE SIMPLE TITLE to the real property in the City of La Quinta,
Count* of Riverside. State nf California1 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. Page *0. *f Md OS.
Records of the County Recorder of said County.
Containin9 2,000 Square Feet, more or less.
FEE SIMPLE TITLE to the real property in the City of L* Qu*nta.
County of Riverside1 State of California, described as:
Parce* No. 19
The northerly 20 feet of Lo* 64 of Desert Clu* Tract No. 4, 8S
shown on i*&p thereof recorded in Book 21. Page 60. of *ap5,
Records of the County Recorder of said County.
Containing 2,000 Square Feet, more or less.
EX141SIT A
*age 3 of 4)
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EXH*S*T A
FEE SINPLE TITLE to the re*l property In the C*ty of La quinta,
County of Riverside, State of Ca*ifornia, described as:
Parcel No. 20
The northerly 20 feet of Lot 65 of Desert Club Tract No. 4* *s
shown on *ap thereof recorded in Book 219 Page 60, of Mip*,
Record* of the County Re*ord.r of said County.
Containing 3,102 Square *eet, more or 1.*s.
FEE SIMPLE TITLE to the rea* property in the City of Li Quinta.
County of Riverside, State of California, described as:
Parcel No. 21
The northerly 20 feet of Lot 66 of Desert Club Tract No. 49 *S
shown on map thereof recorded in Bock 21, Page 60, of *
Records of the County Recorder of said County.
Containing 2,910 Square *eet9 more or less.
EXIIIBIT A
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