CC Resolution 2019-039 Dune Plams Bridge Reso of Necessity - DWCG1
RESOLUTION NO. 2019 – 039
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, DECLARING
THE PUBLIC INTEREST AND NECESSITY TO
ACQUIRE PORTIONS OF PROPERTY LOCATED ON
DUNE PALMS ROAD, ASSESSOR PARCEL NO.
600-030-018, AND APPROVING AND ADOPTING
A RESOLUTION OF NECESSITY
PROJECT: DUNE PALMS BRIDGE
NO. 2011-05 / 111205
APN: 600-030-018
WHEREAS, the City of La Quinta, has been investigating the acquisition
of portions of property located at 46400 Dune Palms Road for the purposes of
making public roadway improvements pursuant to the circulation element of
the General Plan of the City of La Quinta; and
WHEREAS, on September 17, 2019, after no less than fifteen (15) days
written notice to the owners of the Property referenced above, and more
specifically described in the legal descriptions and plat maps attached hereto
as Exhibits 1-6, which legal descriptions and plat maps are incorporated
herein by reference (“Property”), the City Council of the City of La Quinta held
a hearing for the purposes of allowing the record owners and occupants of
such property reasonable opportunity to appear and be heard regarding the
City's identification of the “Project” as the Dune Palms Bridge Project
(“Project”), and 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 § 7267.2 had
been given to the owners of record; 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 including environmental review
under NEPA and CEQA; and
Resolution No. 2019-039
Dune Palms Bridge Project – Resolution of Necessity; APN: 600-030-018
Adopted: September 17, 2019
Page 2 of 7
WHEREAS, the City Council, as a result of such hearing, has determined
that the public health, safety and welfare require that the City acquire the
Property more particularly described herein for the purposes of the Project;
and
WHEREAS, the Project for which the Property to be acquired is sought
has previously been reviewed under applicable environmental review
procedures, including the Mitigated Negative Declaration (“MND”), EA 2017-
0013, approved on February 14, 2018, in accordance with the California
Environmental Quality Act (“CEQA”) and a National Environmental Policy Act
(“NEPA”) Categorical Exclusion, approved by the Federal Highway
Administration (“FHWA”) on January 17, 2018; 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.
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 the property is being acquired is the Dune
Palms Bridge Project, a project to replace the existing low water crossing with
an all-weather access bridge on Dune Palms Road at the Coachella Valley
Storm Water Channel, and to improve Dune Palms Road to its General Plan
designated roadway width. The Project will widen Dune Palms Road to its
ultimate right-of-way. The final configuration of the roadway will consist of 72
feet of street section curb-to-curb, with two 11-foot travel lanes in both
directions, a 12-foot wide raised median, an 8-foot bicycle/golf cart lane along
each side of the road (adjacent to the curb), and a 6-foot sidewalk to allow
for two lanes of travel along Dune Palms Road in either direction and provide
other streetscape improvements.
SECTION 2. The Property to be acquired is located within the City at Dune
Palms Road and bears Assessor Parcel No. 600-030-018. The Property
interest the City seeks to acquire consists of:
(1) a permanent roadway and public utilities easement over approximately
9,926 square feet, as more specifically described in Exhibit 1 hereto, and
depicted in Exhibit 2 hereto, as follows:
A perpetual exclusive easement for public right-of-way, street,
drainage, pedestrian and utility purposes, including all use of the
Resolution No. 2019-039
Dune Palms Bridge Project – Resolution of Necessity; APN: 600-030-018
Adopted: September 17, 2019
Page 3 of 7
permanent roadway and public utilities easement area for
purposes incident to public right-of-way use, including but not
limited to the construction, maintenance, and operation of a
roadway, or other transportation facilities, underground and
above ground utilities and appurtenances, cable communication
or telecommunication facilities; directional, street identification,
or roadway informational signage; traffic control devices; curbs;
gutters; sidewalks; drainage and sewage facilities; and
transportation facilities such as bus bays, benches, bus or train
stops, bicycle pathways, or facilities for railway or other public
transportation vehicles or manners of conveyance.
(2) a non-exclusive permanent slope easement over approximately 2,848
square feet of the property, more specifically described in Exhibit 3, and
depicted in Exhibit 4 hereto, as follows:
The slope easement is a permanent, nonexclusive easement
allowing the holder thereof to place, maintain, landscape, irrigate,
grade, protect, and utilize slopes on and over the property more
specifically described and depicted in Exhibit 3 and 4 hereto
(“slope easement area”), for the purposes of providing and
maintaining lateral and subjacent support of bridge, roadway, and
related improvements to be constructed consistent with the
approved construction plans for the Dune Palms Bridge Project
(“Project’). The holder of the slope easement shall access the
slope easement area only from adjacent public rights of way, shall
limit all construction, maintenance, or grading activity to the slope
easement area, and except in cases of emergency posing an
immediate threat to public health and safety, shall provide not
less than seventy two (72) hours’ notice to the owner of the
underlying property of any entry for any construction,
maintenance, or grading activity on the slope easement area.
(3) a temporary construction easement over approximately 1,536 square feet
of the property, more specifically described in Exhibit 5, and depicted in
Exhibit 6 hereto (“Property”), as follows:
The temporary construction easement is a nonexclusive easement
which permits City of La Quinta, its officers, agents, employees,
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically described
in the legal description, attached as Exhibit 5 and Exhibit 6, from
adjacent public rights of way, as reasonably necessary for
Resolution No. 2019-039
Dune Palms Bridge Project – Resolution of Necessity; APN: 600-030-018
Adopted: September 17, 2019
Page 4 of 7
purposes incidental to the construction of the Project in the
manner proposed. The temporary construction easement shall
include the right to perform within the temporary construction
easement area, all such necessary activities which are reasonably
incidental to the construction work being performed on said
property in connection with the Project in the manner proposed,
including any necessary excavation; grading; earth fill;
compaction; slough or perimeter wall construction; installation of
concrete forms; landscaping; irrigation, utility, and sign
relocation; accommodation of private drainage facilities; and
deposit of tools, equipment, and material.
Such incidental activities shall include, but not be limited to,
utilizing the temporary construction easement area for adjusting
grade differentials between the street and the adjoining real
property, and/or matching existing concrete and/or asphalt paved
areas, and/or natural grade areas, or such work as may pertain to
on-site improvements by the City of La Quinta to render the
temporary construction easement area in the same functional
condition as reasonably practicable to the condition before the
Project in terms of access, irrigation, and relation of public right-
of-way improvements to the larger parcel.
The temporary construction easement shall not include the right
to store any materials or park any vehicles which are not incidental
to the work to be performed on site in connection with the Project,
nor to block all vehicular access to the larger parcel of property of
which the temporary construction easement area is a part, nor
exercise the uses of the easement outside of the temporary
construction easement area, nor to exclude the owner or occupant
of the larger parcel from the temporary construction easement
area, except as reasonably necessary under standard public works
construction safety practices, to ensure public safety. In
connection with the exercise of the temporary construction
easement rights hereunder, and except as otherwise shown in the
approved plans for the Project, City shall protect all structures on
the temporary construction easement area in place, and shall
protect or restore all improvements thereon.
The rights granted hereunder shall commence on the date the
Project right-of-way is certified and shall continue in full force and
effect until written notice to the owner of record that the
temporary construction easement is no longer needed by the City,
Resolution No. 2019-039
Dune Palms Bridge Project – Resolution of Necessity; APN: 600-030-018
Adopted: September 17, 2019
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or forty eight (48) months after notice of the initiation of the
temporary construction easement, whichever is earlier. In no
event shall the temporary construction easement remain in effect
after December 31, 2025. Upon termination of the temporary
construction easement, the temporary construction easement
area shall be restored to a condition that is as functionally
equivalent as is practicable to its condition prior to the
commencement of the work, consistent with the Project as
designed and as to be construed in the manner proposed.
City shall in the exercise of its non-exclusive rights under this
Temporary Construction Easement not unreasonably interfere
with pedestrian or vehicular access to the larger parcel of which
the Property is a part.
The permanent roadway easement, slope easement, and temporary
construction easement are referred to collectively as the “Property.”
SECTION 3. The public interest and necessity require the Project, in that the
City's General Plan, and specifically the Circulation Element, calls for the
improvement of Dune Palms Road in the manner contemplated by the Project.
The Project is designed to relieve regional traffic congestion and improve the
ability of traffic to navigate over areas prone to flooding, which will enhance
the traffic handling capacity of the streets.
SECTION 4. The Project is located in a manner most compatible with the
greatest public good and 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 maintain the continuity of the alignment of the
road for all users. The Project is designed in a manner compatible with the
greatest public good, in that the Project will involve improvements to allow for
two lanes of travel along Dune Palms Road in either direction, and provide
other streetscape improvements, in addition to constructing a bridge crossing
over the Whitewater River at Dune Palms Road. In addition to enhanced
circulation along Dune Palms Road, the Project will provide bicycle/golf cart
lanes along each side of the road, encouraging these alternate modes of
energy-efficient transportation, and will also provide a 6-foot sidewalk. This
will enhance the utility of the area and help improve traffic circulation. The
Project is designed in a manner compatible with the least private injury in that
the acquisition has been limited to the Project boundaries, so as to minimize
disruption to private property. The scope of the temporary construction
easements has been restricted to define reserved uses for the owners to
Resolution No. 2019-039
Dune Palms Bridge Project – Resolution of Necessity; APN: 600-030-018
Adopted: September 17, 2019
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minimize disruptions, and to limit the City’s uses to activities necessary or
beneficial to Project construction.
SECTION 5. The Property is necessary for the proposed Project, in that the
bridge must of necessity be constructed on property immediately adjacent to
the existing flood channel, and the roadway improvements must occur
adjacent to the existing roadway, to maintain continuity.
SECTION 6. The offer required by Government Code § 7267.2 has been made
to the record owners, by way of letter dated June 10, 2019. Staff has
attempted to negotiate with the record owners subsequent to this offer, but
such negotiations have not proved successful in securing all the necessary
property interests required for the Project, 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 Mitigated
Negative Declaration, EA 2017-0013, approved on February 14, 2018. The
Project was the subject of a Categorical Exclusion approved by the FHWA on
January 17, 2018. The City Council finds and determines that since the time
of the adoption of that MND, 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 in the Project which would require
important revisions to the MND such that no further environmental review
attending this proposed acquisition is necessary.
SECTION 9. The law firm of Rutan & Tucker, LLP, which serves as the Office
of the City Attorney for the City of La Quinta, is hereby authorized to prepare
and prosecute in the name of the City, such special proceedings in the proper
court having jurisdiction thereof, as are necessary for acquisition of the
Property described herein, to prepare and file such pleadings, documents, and
otherwise prosecute such actions as may be necessary in the opinion of such
attorneys to acquire for the City the Property. 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. The
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