RDA Resolution 1992-12 RESOLUTION NO. RA 92-l*
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 769-083-006, 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
2910 square feet of the property known as APN 769-083-006, 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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Resolution No. RA 92-1<2
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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Resolution No. RA 92- l*
JOHN ENA, irman
La Quinta Redevelopment Agency
ATTEST:
*AUNDRA L. JUH*, Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
DAt;:
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*l2 adopted by the Board on May 5, 1992.
SAUNDRA L. JUHOLA, Secretary
City of La Quinta, California
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Resolution No. RA 92-12
* Page 1
*EXHIBIT A
FEE SIMPLE*PLE TITLE to the real property In the City of I.e Quinta,
Count* of Riverside. State of California, de*cribed as:
*No2
*hit portion of the Sou+.*h one-half S+) of +*he Northwest one-
quarter NW+) of Section *e Town**hip 6 SOuth, Ran*e 7 Eas*.
s.B.*.I described follows:
*eg1nnin* *t a p*int di*tant 30.00 feet northerly, measured
at ri*ht an*les, fro* the centerline of Calle Tampico9 said poirt
beinq the south*est corner of the parcel of land described *fl
EXHI*IT 311 of the easement conveyed to the Cit/' of La Quintc,
a Nunicipcl Corporation, by document recorded October 5, *98?q
as Instrument Na, 287363, in the Office of the County Recorder 0-
RIverside County1 California*,
Thence South 89.59uO*ul *est, parallel with *eid ctnterl4ne cf
Cille Tamoico, and alon* the northerly line thereof, 4 distance
of 210.04 feet o the southeast corner of the parcel of land con*
veyed to the County of Riverside by document recorded Nov*rri*er
26, 1963, 83 Instrument No. 124550, i* said Office of the Count*
Recorder;
Thence North 0O'0Z'18" West along the easterly line *f la*t
said parce* a distance of 20.00 feet to a point d1*tant 50.00
feet northerly1 measured at right angles. from the centerline of
Calle Tampicoi
Thence North 89*59'OO" East parallel with said centerline a
distance of 210.05 feet to thi northw.*t corne'* of said parcel of
lend described in *aid EXHI*IT B" hereinabove described;
Thence South OQeOllooll East along the westerly line of last sai*
parcel of land a distance of ZO.00 feet to the point of
be9inning.
Containing 4,201 square Feet, more or less.
FEE SINPIE *ITLE to the real oroperty in the City of *a Quinta.
County of Riverside, State of Ce*iforni*, described as:
Parcel No. 8
That portion of I.ot 1 in Block 125 of Santa C.r*elita at Vale La
Quinte Unit No. 14. as shown on map +.hcreof *n f1*e in Sock 1*.
EX*IBIT A
Page 1 of 4)
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EX*IB*T A
pages 82 and 83, of Maps, Record* of the Recorder of Rivdrside
County, California, described as follows:
5e*inning at the northwest corner of said Lot 1;
Then*e South 0Q*04'38" East alcng the wester*y line of said
Lot 1 a distance of 20.00 feet to a paint distant 50.00 feet
southerly, *easured at right angles* from the centerline of
Celic T.uipi*o;
Thence $outh 89*56'Z6* East1 parallel with said centerline, *
distance of 75.06 feet;
Thence S*uth 47*23'S6" East a distance of 33.93 feet to the
easterly line of said Lot 1;
Thence North 0080412511 West along s*id easterly line to the
beginnin* of a tangent curve in the curved northe*sterly line
of said lot. said curve being concave southwesterly and hiving a
radius Qf 20.00 feet;
Thence along **id curved northeasterly line and a1on* the nor-
therly line of said lot the following two 2) courses:
1) Northerly, i*orthwesterly, and westerly along the arc Qf said
curve through a centra* angle of B9*5l*SB*' a distance of
31.37 feet:
2) Thence North 89e56*26II West, tange*t to said curve9 and
along slid northerly un., a distance of 80.05 f.t to the
point of beginning.
Containing 2,201 Square Feet, more or *ess.
A TE*P0RA*Y C0*STRUCTt0N EASEMENT to enter upon t*e following de-
scribed real property for all necessary purposes incidental to
the planned reconstruction and widening of Cell, Tampico in
accordance with the en*ineered and approved road construction
plans therefor, said purposes including, but not necessarily
being limited to, all necessary structure demolition and removal,
grading, excavation, tree removal, earth backfill operations,
and the terrporary deposit of tools, equipment, and materials,
said reel property bein* des*ri*ed as.'
Parcel No. *-T*
The southerl* 30 feet of the northerly 50 feet of L*t 1 in Block
125 of Santa Carmelita at Vale *a Quinta *nit No. 14, as shown
EXHIStI A
Peg. 2 of 4)
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EXHIBIT A
on ftiap thereof r.eorded in Book 18, *ages 82 md 83. of Maps,
Records of said County Recorder;
EXCEPTING that portion *ying within Parcel No. 8 hereInabove
descri bud.
Containing 2.7*3 squere feet. more or 1.Si.
FEE St*PLE T'TLE to the **al property in the City of La Quinta.
County of R1vers*de. State of California, described as:
Parcel No. 17
The northerly 20 feet of Lot 62 Cf Desert Club Tract Na. 4, as
shown on map thereof recorded in Book 21, Page 60, of M*ps,
Records of the County Recorder of said County,
Containing 2.000 Square Feet. more or less.
FEE SINPLE TITLE to the real propert* in the City of La Quirita,
County of Riverside. State of Califorftia, described as:
Parcel No. 18
The northerly 20 feet of Lot 63 of Desert Club Tract No. 4, as
shown on ma* thereof recorded in Book 21. Fage 60. of MdpS*
Records of thu County Recorder of said County.
Conteinin9 2,000 Square Feet, more or 1es*.
FEE SIMPLE TITLE to the real property in the City of La Quinta.
County of Riverside1 *tate of California1 described as;
Parcel No. 19
The northerly 20 feet of Lot 64 of Desert Clu* Tract No. 4, as
shown on inap thereof recorded in Book 21. Page 60. of Maps,
Records of the County Recorder of *aid County.
Containing 2,000 Square Feet1 more or less.
EX*1SIT A
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EXHIB*T A
FEE S!NPLE TITLE to the re*1 property In the City of La Quinta,
County of Riverside, State of California* described as..
Parcel No. 20
The norther*y 20 feet of Lot 65 of Desert C*ub Tract No. 4* as
shown on map thereof recorded in Book 21* Page 60, of Mapsq
ReG*rd* Qf the County Rc*order of *aid County.
Co*tain1ng 3.102 Square Feet, mare or
FEE SIMPLE TITLE to the real property In the City of La Ouinta,
County of Riverside, State of California, described as:
Parcel No. 21
The northerly 20 feet of Lot 66 of Desert Club Tract No. 4, *s
shown on map thereof recorded in Book 21, P&*e 60. of Map*,
Records of the County Recorder of 5ald Co*nty.
Containing Zq9lO Square Feet, more or less.
EXIIIBIT A
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