CC Resolution 2000-166RESOLUTION NO. 2000-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUISITION OF
PROPERTY LOCATED IN THE CITY OF LA QUINTA,
CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO.
604-050-011, FOR THE PURPOSES OF ROADWAY
IMPROVEMENTS TO THE INTERSECTION OF
WASHINGTON STREET AND HIGHWAY 111
WHEREAS, the City of La Quinta has been investigating the acquisition of
various interests in Property, including a fee simple interest over and in Property
located in the City of La Quinta and identified as Assessor's Parcel No. 604-050-01 1,
for the purposes of widening and improving the roadway at the intersection of
Washington Street and Highway 1 1 1, with a dedicated right turn lane and related
roadway improvements ("Project"); and
WHEREAS, on December 5, 2000, after no less than 15 days written notice to
the record owner of the Property referenced above and more specifically described and
depicted in the legal description and sketch attached hereto as Exhibit "A" and "B",
respectively, which legal description and sketch are incorporated herein by reference,
the City Council of the City of La Quinta held a hearing for the purpose of allowing the
record owner of the Property a reasonable opportunity to appear and be heard on the
following matters:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the
Project;
D. Whether the offer required by Government Code Section 7267.2 had
been given; and
E. Whether the City had properly exercised all of its statutory responsibilities
and duties antecedent to the exercise of eminent domain against the
Property; and
Resolution No. 2000- 166
Property Acquisition/Intersection
Washington & Highway 111
Adopted: December 5, 2000
Page 2
WHEREAS, the City Council, as a result of such hearing, has determined that
the public health, safety, and welfare require that the City acquire various interests in
the Property more particularly described herein (the "Property"), for the purposes of
widening and improving the intersection of Washington Street and Highway 111
including, but not limited to, the addition of a dedicated right hand turn lane at the
southeast corner of the intersection; and
WHEREAS, the Project for which the Property to be acquired is sought has
previously been reviewed under applicable environmental review procedures, including
a Mitigated Negative Declaration of Environmental Impact for Environmental
Assessment 2000-399, approved August 15, 2000, in which the City determined
that, after the implementation of identified mitigation measures, the Project created no
significant environmental impacts and the Addendum thereto was considered and
approved on December 5, 2000; and
WHEREAS, the City of La Quinta is authorized to acquire the Property under
authority of its own charter, and Government Code § § 37350.5 and 40404; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Quinta, California, that the City Council does hereby find, determine and declare upon
evidence presented to the City Council as follows:
Section 1: The Project for which acquisition of the Property is required
consists of the improving of the intersection of Highway 111 and Washington Street,
by installing a dedicated right hand turn lane along the southeast corner of the
intersection.
Section 2: The Property to be acquired is located within the City of La Quinta,
County of Riverside, State of California, at the southeast corner of Washington Street
and Highway 1 1 1, and otherwise identified as Assessor's Parcel No. 604-050-01 1 .
The Property the City seeks to acquire, and the Property interests sought, consist of:
A. Fee simple interest in and to approximately 3,485 square feet of
the Property more specifically described and depicted in Exhibits
"A" and "B" attached hereto.
Section 3: The public interest and necessity require the Project, in that the
City's General Plan, specifically the Circulation Element, calls for the improvement of
the intersection in the manner contemplated by the Project.
Resolution No. 2000-1 166
Property Acquisition/Intersection
Washington & Highway 111
Adopted: December 5, 2000
Page 3
Section 4: The Project is located in a manner most compatible with the
greatest public good and the least private injury, in that the design of the roadway
widening must of necessity occupy land which is immediately adjacent to the existing
roadway, in order to improve the continuity of the alignment of the road to improve
the traffic flow capacity of the intersection. The Project is designed in a manner
compatible with the greatest public good, in that the Project will involve roadway
widening and improvements which will allow for the addition of a dedicated right turn
travel lane which will improve the levels of service and associated idling, thereby
decreasing pollutant emissions and, with the improvements in place, public services
will be enhanced by improved police and fire response times. The Project will result
in the least private injury in that, where possible consistent with safe roadway design
restrictions, the Property chosen for potential acquisition was done so to minimize the
number of Property owners affected, to avoid impacts to existing residences, and to
be consistent with other approved development plans for adjacent Property.
Section 5: The Property to be acquired is necessary for the Project, in that the
contemplated roadway widening and improvement must occur on Property immediately
adjacent to the existing roadway to insure the continuity of the roadway alignment,
to accommodate increased traffic handling capacity of the roadway.
Section 6: The offer required by Government Code Section 7267.2 has been
made to the record owner on November 1, 2000. The City's acquisition agent has
attempted to negotiate with the record owner subsequent to this offer, but such
negotiations have not proved successful in securing the necessary Property interests
outside of more formal proceedings.
Section 7: To the extent any of the Property to be taken herein is devoted to
a public use, the City finds that the proposed use for the Project is compatible with,
or more necessary to, such public use, and that the City is authorized to acquire the
Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 8: The Project has been reviewed and approved under the California
Environmental Quality Act by way of approval of a Mitigated Negative Declaration of
Environment Impact for Environmental Assessment 2000-399, approved August 15,
2000, and the City Council finds and determines that since the time of that
certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial
importance regarding significant effects or mitigation measures or alternative which
has become available, and no subsequent changes have been proposed to the Project
Resolution No. 2000-` 166
Property Acquisition/Intersection
Washington & Highway 111
Adopted: December 5, 2000
Page 4
which would require important revisions to the previous mitigated negative declaration,
such that no further environmental review for this proposed acquisition is necessary.
The City Council, prior to approving this Resolution, approved an Addendum to
Environmental Assessment 2000-399. The City Council has reviewed and considered
both the Mitigated Negative Declaration of Environmental Impact for Environmental
Assessment 2000-399 and the Addendum thereto prior to approving this Resolution.
Section 9: The Project has been reviewed and approved by the Planning
Commission, and is in conformance with the General Plan.
Section 10: The City Council hereby declares it is its intent to acquire fee
simple ownership of the Property, as more particularly described in Exhibit "A"
attached hereto, in the City's name in accordance with the provisions of the laws of
the State of California.
Section 1 1: The law firm of Rutan & Tucker, LLP, City Attorney for the City of
La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute
in the name of the City such proceedings in the Court having proper jurisdiction
thereof, as may be necessary for the acquisition of the Property described herein, and
to prepare and file such pleadings, documents, and otherwise prosecute such actions
as may be necessary in the opinion of such attorneys to acquire the Property for the
City. Such attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of
California, including, but not limited to, seeking orders for prejudgment possession of
the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 5th day of December, 2000, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2000-166
Property Acquisition/Intersection
Washington & Highway 111
Adopted: December 5, 2000
Page 5
• W, - ,"Yor
Quinta,City of La
ATTEST:
GREEK, CMC, CI
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
KATHERINE JENSON, City torney
City of La Quinta, California
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE
AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID
SECTION 19 WITH EASTERLY LINE OF WASHINGTON STREET (80.00 FEET WIDE);
THENCE NORTH 89022'09" EAST, ALONG SAID SOUTHERLY LINE OF SECTION 19,
A DISTANCE OF 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89022'09" EAST ALONG SAID SOUTHERLY LINE OF SAID
SECTION 19, A DISTANCE OF 103.14 FEET TO A POINT OF INTERSECTION IN THE
SOUTHWESTERLY LINE OF STATE HIGHWAY NO. 111 (110 FEET WIDE), SAID
POINT BEING IN A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 2320.00 FEET; THENCE NORTHWESTERLY ALONG SAID
SOUTHWESTERLY LINE OF STATE HIGHWAY 111, FROM AN INITIAL RADIAL LINE
BEARING NORTH 30045'21" EAST, THROUGH A CENTRAL ANGLE OF 02006'03", A
DISTANCE OF 85.06 FEET; THENCE SOUTH 63035'40" WEST, A DISTANCE OF
41.37 FEET; THENCE SOUTH 00°27'58" EAST, PARALLEL WITH AND 26.00 FEET
EASTERLY OF MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY LINE OF
WASHINGTON STREET, A DISTANCE OF 35.93 FEET TO THE TRUE POINT OF
BEGINNING.
EXHIBIT B
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