2021 Chin-Conformed Stipulated Judgment in Condemnation (15919650.1)2
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RUTAN & TUCKER, LLP
William H. Ihrke (State .Bar No. 204063)
bihrke@rutan.com
David B. Cosgrove (State Bar No. 11.5564)
dcosgrove ,rutan.com
18575 Jamboree Road, 9th Floor
Irvine, CA 9261.2
Telephone: 714-641-5100
Facsimile: 714-546-9035
f Attorneys for Plaintiff
CITY OF LA QUINTA, a municipal corporation
F- EUPT FROM f1i rvc FF;F. v PGR.vv i A`T
To GOT ERNUENT CODE SECTION (i.10.1
Lr
SUPERA COUR D T OF AALIFORNIA
COUNTY OF RIVERSIDE
DEC 17 2020 ll4
M. Youngberg
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE — PALM SPRINGS COURT
CITY OF LA QUINTA, a municipal
corporation,
Plaintiff,
vs.
CHIN FAMILY PROPERTIES LIMITED
PARTNERSHIP, a California Limited
Partnership;
GENERAL TELEPHONE COMPANY OF
CALIFORNIA, a California corporation;
COACHELLA VALLEY WATER DISTRICT
PUBLIC FACILITIES CORPORATION, a
public agency;
WEB SERVICE, CO., INC., a California
corporation;
MARIA C. MARRUFFO, an individual;
JOSE BENAVIDES, an individual;
IMELDA BENAVIDES, an individual;
ALL PERSONS UNKNOWN CLAIMING AN
INTEREST IN THE PROPERTY DESCRIBED
HEREIN; and
DOES 1 through 50, inclusive,
159/0I5610-0149
1.5763779.7 a12.1116/20
Defendants.
Case No.: PSC1803284
Assigned for all Purposes to:
Hon. David M. Chapman; Dept. PS2
[ ] STIPULATED JUDGMENT
IN CONDEMNATION
[APN 600-030-0101
[Filed Concurrently With Ex Parte Application;
Declaration of David B. Cosgrove; Stipulation
for Judgment; and Final Order of
Condemnation]
Ex :Parte Hearin:
DATE: December 17, 2020
TIME: 8:30 am
DEPT.: PS2
Trial Setting Conference:
..DATE: February 16, 2021.
TIME: 8:30 a.m.
DEPT.: PS2
Date Action Filed: June 7, 2018
Trial Date: None Set
-I-
STIPULATED JUDGMENT IN CONDEMNATION
I IT APPEARING TO THE COURT THAT Plaintiff CITY OF LA QUINTA, a
2 municipal corporation ("CITY"), on. the one hand, and Defendant CHIN FAMILY PROPERTIES
3 LIMITED PARTNERSHIP, a California Limited Partnership ("CHIN"), on the other hand, have
4 reached a settlement in this eminent domain action; (CITY and CHIN are collectively referred to
5 as "Parties")
6 IT FURTHER APPEARING TO THE COURT THAT, in connection with the
7 settlement, the Parties have stipulated to entry of this [Proposed] Judgment in Condemnation
8 ("Stipulation.."); have requested the Court to enter this [Proposed] Stipulated Judgment in
9 Condemnation ("Stipulated Judgment") consistent with the Stipulation; and have waived a
10 Statement of Decision, Notice of Entry of Judgment, costs and fees, and the right to appeal from
11 this Stipulated. Judgment after entry;
12 IT FURTHER APPEARING TO THE COURT THAT the fiill extent of the interests to
13 be acquired by the CITY in this action, as further detailed below, are set forth in this Stipulated
14 Judgment and the exhibits attached hereto;
15 IT FURTHER APPEARING TO THE COURT THAT the CITY has acquired, through
16 separate settlement agreements with various mobile home park tenants within, or in lieu of, this
17 condemnation action, the leasehold interests and all property interests in motor home or
18 manufactured home improvements appurtenant to those mobile home spaces located within all of
19 the easement areas to be acquired by the CITY hereunder, consisting of Spaces Nos. 1, 31, 58, 59,
20 82, 83, and 84;
21 IT FURTHER APPEARING TO THE COURT THAT, in connection with the
22 settlement, the .Parties have opened an escrow with :Four Seasons Escrow, Inc. to assist the transfer
23 in compliance with the terms and conditions set forth in this Stipulated Judgment;
24 IT FURTHER APPEARING TO THE COURT THAT in connection with the
25 settlement among the Parties, the CITY has implemented modifications to the scope of the
26 acquisitions originally described .in the Complaint and the Resolution of Necessity attached
27 thereto, and CITY has passed its additional resolutions of necessity, by way of its Resolution No.
28 2019-038, passed September 17, 2019, and Resolution No. 2020-.033, passed September 15, 2020,
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15W015610-0I49
1,5763779.7,121161120 STIPULATED JUDGMENT TN CONDEMNATION
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as attached to the Amended complaint filed on or about December 7, 2020. The amended
resolutions of necessity include findings of public necessity for acquisitions of additional property
interests on the larger parcel upon which the original taking was proceeding, such that the interests
described in this Stipulated Judgment, and to be acquired by CITY pursuant to condemnation,
shall be those described in the original Complaint on. file herein, as well as all of the interests
described in both Resolution No. 2019-038 and Resolution 2020-033, and as described in the
Amended Complaint submitted by the Parties;
IT FURTHER APPEARING TO THE COURT THAT the Parties have agreed that the
totaljust compensation to be paid to CHIN in connection with the CITY's acquisitions herein, in
connection with the Dune Palms Roadway Project, the Dune Palms Bridge .Project, and the
Housing Project as described in the Amended. Complaint (collectively referred to herein as the
"Project") as constructed in the manner proposed is Six Million One Hundred Twenty -Five
Thousand Dollars ($6,125,000.00) ("Just Compensation"), which sum is fully inclusive of all just
compensation due for all interests acquired, any and all. damages to the remainder, and any and all
litigation expenses including attorney's fees, expert fees, interest, costs, and any other expenses
associated with this action;
IT FURTHER APPEARING TO THE COURT THAT on or about May 31, 201.8,
CITY deposited with the State Treasurer, Condemnation Deposits Fund ("Treasurer") the sum of
Three Hundred Sixty Thousand Five Hundred Dollars ($360,500.00), that on or about July 23,
2020, the CITY increased its deposit of probable just compensationhereunder by the sum of Six
Hundred Eighteen Thousand Dollars ($618,000.00), and that on or before December 16, 2020, the
CITY has or will fiirther increase its deposit of probable just compensation hereunder by the sum
of Five Million One Hundred Forty -Six Thousand Five Hundred .Dollars ($5,146,500.00), and that
said deposits in the total principal amount Six Million One Hundred Twenty -Five Thousand
Dollars ($6,125,000.00) are or shall be deposited with the Treasurer in connection with this action.;
IT FURTHER APPEARING TO THE COURT THAT the parties have agreed that
upon entry of this Stipulated Judgment' (i) the Just Compensation shall. be disbursed to CHIN by
withdrawal of funds on deposit with the Treasurer in. this action, as specifically ordered below, and
15y'01561D-0149
1.5763779.7 a1216/20
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STIPULATED JUDGMENT IN CONDEMNATION
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(ii) the CITY may take immediate possession of the Remainder Parcel, as defined below;
IT FURTHER. APPEARING TO THE COURT THAT upon CHIN's receipt of the Just
Compensation and clearing of funds, the CITY shall be entitled to entry of a Final Order of
Condemnation and to obtain a certified copy of sarne which may be recorded with the Riverside
County Recorder's Office, vesting title to the property interests described in this Stipulated.
Judgment as being acquired by the CITY in. this action in the CITY.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
AS FOLLOWS:
1. Disposition of Defendants Other Than CHIN
All Defendants originally named in this proceeding except. CHIN have been defaulted,
have been dismissed, or have filed disclaimers, as follows:
General Telephone Company of California, a
Served through CT Corp Services on
California corporation
06/14/2018 and Proof of Service fled on
06/20/2018.
Dismissed on 02/14/2019.
Coachella Valley Water District Public, incorrectly
Served on 06/12/2018 and Proof of
sued as Coachella Valley Water District Public
Service filed on 06/20/2018.
Facilities Corporation, a public agency
Dismissed on 06/28/2019.
WASH Multifamily Laundry Systems, LLC, a
Disclaimer filed 09/1.8/2018.
California limited liability company, sued
erroneously as WEB Service, Co., Inc., a California
corporation
Maria C. Marruffo
Served on. 06/12/2018 and Proof of
Service filed on 06/20/2018.
Dismissed on 02/14/2019.
Jose Benavides
Served on 06/12/2018 and Proof of
Service filed on 06/20/2018.
Dismissed. on 02/14/2019.
lmelda Benavides
Served on 06/12/2018 and Proof of
Service filed on 06/20/2018.
Dismissed on 02/14/2019.
A11.Persons Unknown. Claiming An Interest in. the
Dismissed on 10/10/2018.
Property Described Herein
DOES 1 through 50
Dismissed on 10/1.0/2018.
159;015610-0149
15763779.7 a12/16120
-4-
STIPULATED JUDGMENT IN CONDEMNATION
1 2. Property Interests Subject to this Stipulated Judgment
2 This Stipulated Judgment concerns the following property interests to be condemned in
3 favor of the CITY for public purposes (collectively, the "Property"):
4 a) A permanent easement for street and public utility purposes over some 2610 square
5 feet, more specifically described in Exhibit A attached hereto and incorporated by this reference,
6 and depicted in the map attached hereto as Exhibit B and incorporated by this reference
7 ("Roadway Easement Parcel");
8 b) A permanent easement for street and public utility purposes over some 3040 square
9 feet, more specifically described in Exhibit C attached hereto and incorporated by this reference,
10 and depicted in the map attached hereto as Exhibit D and incorporated by this reference, ("Bridge
11 Easement Parcel");
12 c) A temporary construction easement over some 13,508 square feet; more
13 specifically described in Exhibit E attached hereto and incorporated by this reference, and
14 depicted in the map attached hereto as Exhibit F and incorporated by this reference (`Bridge TCF,
15 Parcel");
16 d) The fee simple interest as to all remaining portions of Assessor parcel No. 600-
17 0330-010, 46-400 :Dune Palms Road, more specifically described in Exhibit G attached hereto,
18 excepting: (i) hydrocarbon and mineral interests below the depth of five hundred (500) feet below
19 the surface, (ii) any validly existing mobile home space leasehold interest not owned by Chin or
20 previously acquired by City; and (iii) any mobile home or manufactured home or tenant
21 improvement appurtenant to such leasehold interests (the "Remainder Parcel'); and
22 e) The fee simple interest as to the manufactured home located at Space No. 29 and
23 depicted as "OFFICE" on. Exhibit H attached hereto and incorporated by this reference, and any
24 improvement appurtenant thereto.
25 The scope and terms of the Roadway Easement Parcel are more specifically described in
26 the .resolution of necessity, Resolution No. 20.18-020 attached hereto as Exhibit I and incorporated
27 herein by this reference.
28 The scope and terms of the Bridge Easement Parcel and the Bridge TC.E Parcel are more
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t 59J0I 564 0-0149
1576377g.7 �i�:i6/�� STIPU:LATED JUDGMENT III CONDEMNATION
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11 specifically described in the resolution of necessity, Resolution No. 2020-033 attached hereto as
11 Exhibit J and incorporated herein by this reference.
3. Deposit of Remaininp, Amount of Just Compensation
CITY shall, on or before December 16, 2020, deposit in. this action with the State
Treasurer the sum of Five Million One Hundred Forty -Six Thousand Five Hundred Dollars
($5,146,500.00), to bring the total amount of deposits on file herein to the agreed total just
compensation. amount of Six Million One Hundred Twenty -Five Thousand Dollars
($6,125,000.00). In connection with such deposit, the parties have agreed to waive the need for
any appraisal or appraisal summary statement supporting this deposit, as might otherwise be
required under Code of Civil. Procedure sections 1255.010 and 1255.020.
4. Payment of Just Compensation to CHIN
The total just compensation to be paid by CITY to CHIN for the property .interests being
condemned to the CITY in this action and construction of the Project in the manner proposed is
Six Million One Hundred Twenty -Five Thousand Dollars ($6,125,000.00). Said Just
Compensation shall be distributed to CHIN as follows:
The State Treasurer is hereby ordered to issue a first warrant payable to "Chin Family
Properties Limited Partnership" in the amount of Five Million. Seven Hundred Seventy -Five
Thousand and 00/1 00Dollars ($5,775,000.00) and, when issued, shall deliver said warrant to:
Peterson Law Group, P.C.
Attn: John S. Peterson
19800 MacArthur Boulevard, Suite 290
Irvine, CA 92612
The State Treasurer is hereby ordered to issue a second warrant payable to "Peterson Law
Group Professional Corporation Client Trust Account" in the amount of Three Hundred Fifty
Thousand and 00/100 Dollars ($350,000.00) and, when issued, shall deliver said warrant to:
Peterson Law Group, P.C.
Attn: John S. Peterson.
19800 MacArthur Boulevard, Saute 290
Irvine, CA 92612
Any remaining accrued but undisbursed interest on. the amounts deposited shall be
159/015610-0149
15761779.7 al2/16120
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STIPULATED JUDGMENT IN CONDEMNATION
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11 refunded by way of a warrant made payable to the "City of La. Quinta" and delivered to:
City of La Quinta
Attn: Karla Romero, Finance Director
78-495 Cal.le Tampico
La Quinta, CA 92253
5. Authority and Purpose for Taking
The CITY is and was authorized and entitled to exercise the power of eminent domain for
I public uses under Article I, section 19 of the California Constitution; provisions of its own charter,
and authority of California Government Code sections 37350, 37350.5 and 40404; and California
Code of Civil. Procedure section 1240.010 et seq.
The use for which the CITY seeks to condemn the Property, to wit, in connection with the
Project as now proposed and for road improvement purposes, bridge construction, and the
preservation and advancement of affordable housing is and. was authorized by law and is and was
a public use; the public interest, safety and necessity require the Project as now proposed; the
Project as now proposed is and was planned and located in the manner that will be the most
compatible with the greatest public good and the least private injury; and the Property is necessary
for the Project as now proposed.
6. Limited Continuina Indemnities, Waiver of Estoppel by Deed for Same
Pursuant to the Agreement between, the Parties, various releases and indemnifications, and
provisions regarding disposition of income and expenses, are continuing and survive the entry of
this Stipulated Judgment. Notwithstanding any principles of estoppel by deed or estoppel by
judgment that may apply hereto,. such provisions shall, by .mutual agreement of the Parties,
continue in force and effect after the entry and recordation of this Stipulated Judgment, and any
Final Order of Condemnation, entered pursuant thereto, as set forth in the Parties' settlement
agreement. Such provisions, are, and shall be, unaffected by this Stipulated Judgment or Final
Order pursuant hereto, and the Parties have waived any operation of estoppel by deed, or estoppel
by judgment, that might otherwise preclude the enforceability of such provisions. The Agreement
is available for viewing at the City of La Quinta City Hall.
159.%015610-0149
15763779.7 a]2116120
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STIPULATED JUDGMENT IN CONDEMNATION
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7. City Authorized to Immediate Possession of Remainder Parcel
The CITY is authorized to take possession of the Remainder Parcel immediately upon
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8. Entry of Final Order of Condemnation
Upon entry of this Stipulated Judgment, and upon demonstration to the Court that the State
Treasurer has issued the warrants ordered above and said warrants have been received and funds
have cleared, the Court may on application of any party make a Final Order of Condemnation
consistent with. this Stipulated Judgment which condemns the Property, and conveys title to the
Property to the CITY.
9. Cancellation of Property Taxes
Pursuant to Revenue and Taxation Code section 5082:
(a) the "date of apportionment" as to the Roadway Easement Parcel is November 14,
2018, the date the CITY was authorized to take possession of said portions of the Property,
(b) the "date of apportionment" as to the Bridge Easement Parcel, Bridge Residential.
Parcel and the Bridge TCE Parcel is July 23, 2020, the date the CITY was authorized to take
possession of said portions of the :Property; and
(c) the "date of apportionment" as to the Remainder Parcel is the date of this Stipulated
Judgment, the date the CITY is authorized to take possession of said portions of the Property.
10. Attorneys' Fees and Litigation Costs
Each party shall bear its own attorneys' fees, costs and litigation expenses.
Dated: , 2020
159.i01561 M 149
15763779.7 a12/16120
/01
Hon. avid M. Gfiapman
Judge of the Superior Court
0
STIPULATED JUDGMENT IN CONDEMNATION
EXHIBIT A
EXHIBIT A
EXH A, Page 9
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT DUNE PALMS ROAD
(APN 600-030-0101 CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside,
State of California being a portion of that certain parcel of land described in a
Quitclaim Deed recorded November 23, 2005 as Doc: # 2005-0972217 of Official
Records of said County, more particularly described as follows:
The Easterly 9.00 feet of the Westerly 53.00 feet of the Southerly 290.00 feet of
the Southerly 660.00 feet of the Northerly 1320.00 feet of the Westerly 660.00
feet of the Northwest Quarter of the Northeast Quarter of Section 29, Township 5
South, Range 7 East, San Bernardino Meridian.
CONTAINING: 2,610 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of
record.
Graphically depicted on `EXHIBIT "B" — PLAT', attached hereto and by this
reference made a part hereof.
This legal description was prepared by me or under my direction.
Benjamin Daniel Egan, PLS 8756
Prepared July 5, 2016
Page 1 of 1
E.XH A, Page 10
EXHIBIT, B
EXHIBIT~ B
EXH B, Page 1.1
EXHIBIT "B" - PLA
Z#Mt
1
53.00'
44,00'
' 110
'o
NE 114
.CT A 29
,L-OCA MN MAP
Aw TO SCALE
APN: 600-030-019
"1111�-S'LY LINE OF N'LY 660'
RI W PER DEED REC. 5/24/1933
IN BOOK 122, PAGE, 74 O.R.
14.00'
GRANT DEED REC. 7/1/1969
AS IN-ST. #66907, O.R,
EASEMENT
2,6101 SO. FT.
APN: 600-030-010
GRAN- DEED REC. 11/23/2005 AS DOC. #2005-0435679
(SOUTH 660' OF TFE NORTH.1320' OF THE WEST 660'
OF THE OF THE NW 1/4 OF THE NE 1/4
OF SEC. 29, 5S, RK, SBV)
VOLM MAP
WT n 93AU
114
' ION 29
510 25 0 50 100
SCAL-E: 1 "-50'
PREPARED: 07/05/2016 SHEET I OF I
ELAN AND EGAR, INC.
Lem PLANNING, Civit Boom Ago SURVMNG
Ka, BOX 5282. LA GIIINTA, CA 12249-52821f��.
(700) 4D4. M M BANCIMCBM
EXH B, Page 12
EXHIBIT C
EXHIBIT C
EXH C, Page 13
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT - DUNE PALMS BRIDGE
(APN 600-030-010 / CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-0972217 of Official Records of said County, more
particularly described as follows:
The Westerly 53.00 feet of the Southerly 660.00 feet of the Northerly 1320.00 feet of the
Westerly 660.00 feet of the Northwest Quarter of the Northeast Quarter of Section 29,.
Township 5 South, Range 7 East, San Bernardino Meridian.
EXCEPTING THEREFROM any portion of said parcel of land included in the Coachella Valley
Storm Water District as acquired by said District by Decree of Condemnation recorded October
6, 1923, in Book 591, Page 223 of Deeds;
ALSO EXCEPTING THEREFROM a right-of-way for public highway and public utilities purposes
over the Westerly rectangular 30 feet of said parcel of land, as conveyed to the county of
Riverside, by deed recorded May 24, 1933 in Book 122, Page 374 of Official Records;
ALSO EXCEPTING THEREFROM the easterly 14 feet of the ~westerly 44 feet of said parcel of land
as described in the deed to the County of Riverside, recorded July 1, 1969 as Instrument No.
66907, of Official Records;
ALSO EXCEPTING THEREFROM the Northerly 290.00 feet of said parcel of land.
CONTAINING: 3,040 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record..
Graphically depicted on 'EXHIBIT "B" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Benfa'n Daniel Egan, PLS 8756
Prepared September 13, 2018
Page IofI
EXH C, Page 14
EXHIBIT D
EXHIBIT D
EXH D, Page 15
"— N'LY LINE OF S'LY 660'
EXCEPTION - NORTH 290.00' OF
EAST 9.00' OF WEST 53.00'
OF SOUTH 660'
1 I
53.00'
Q,� 30.00'
O�
Ixc i
44.00'
J cw) ' 30
IL
z►
� L9 � 44.00'
C) i
I
I
53.00'
E)(CEPTION - 30'
R DEED REC. 5124/ 1933
AC 12) PAGE 'KU 0 R
EXHIBIT 19B99 - PLAT
PUT TO ACCOi1PANY UWL. DESCRIPiW FOR
A P= RM Ate 11iitM EASEWNt
W1/4. W114. NEI/4. SEC. 29. 135, RX, SBM
AFN SM-OW-010 % CHIN FAMILY PROPER11E5
tlMtTfED PAR Mt1lD~<5lIIP
EXCEPTION -- 14.00' PER
?ANT DEED REG. 7/111969
INST. OB907, O.R.
9.00'
l
EASEMENT
3,0401 50. FT.
,,,-EXCEPTION - CVWD STORM CFIANNfL R.O.W.
PER DECREE OF CONDEMNATION FEC.
10/06/1923 IN 80OK 591 PACE 223 OF DEEDS.
NORTHERLY LINE OF CVWD STORM CHANNEL
SOUTHERLY LINE OF THE NW 1/4 OF TtE
NW 1/4 OF THE NE 1/4 OF SEC. 29
AMIN DANIEL EGAN, PLS 8756
VAREq 09113/2018
CIVIL,
May 1 11
LOCAMON MAP
WTOW"
0
r-11in
u,
SHEET 1 OF 1
EX'H D, Page 1.6
EXHIBIT E
EXHIBIT E
EXH E, Page 17
EXHIBIT "'A„
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT -DUNE PALMS BRIDGE
(APN 600-030-010 / CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta; County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-0972217 of Official Records of said County, more
particularly described as follows:
COMMENCING at the intersection of the westerly line of the northeast quarter of Section 29,
Township 5 South, Range 7 East, San Bernardino Meridian with the northerly line of that parcel
of land included in the Coachella Valley Storm water District as acquired by said District by
Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of Deeds;
Thence along said northerly line South 71°20'45" East a distance of 55.99 feet to a line parallel
with and 53.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29, said point being the POINT OF BEGINNING;
Thence along said parallel line North 00"09'52" West a distance of 346.00 feet;
Thence leaving said parallel line at right angles North 89'50'08" East a distance of 21.00 feet to
a line parallel with and 74.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00"09'52" East a distance of IOL54 feet;
Thence leaving said parallel line at right angles, South 89"50'08" West a distance of 16.00 feet to
a line parallel with and 58.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52" East a distance of 44.00 feet;
Thence leaving said parallel line at right angles North 89"50'08" East a distance of 19,00 feet to
a line parallel with and 77.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52 East a distance of 92.00 feet;
Thence leaving said parallel line at right angles North 89°50'08" East a distance of 41.00 feet;
Page 1 of 2
EXH E, Page 18
Thence leaving said parallel line South 18°40'58" East a distance of 32.49 feet to a line parallel
with and 128.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29;
Thence along said parallel line South 00°09'5V' East a distance of 104.17 feet to the northerly
line of said parcel of land included in the Coachella Valley Storrn Water District as acquired by
said District by Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of
Deeds;
Thence along said northerly line North 71"20'45" West a distance of 79.24 feet to the POINT OF
BEGINNING.
CONTAINING_ 13,508 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on'EXHIBIT "B"—PLAT, attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Benja n Daniel Egan, PLS 8756
Prepared September 13, 2018
Page 2 of 2
EXH E, Page 19
EXHIBIT F
EXHIBIT F
EXH F, Page 20
��y `�- N'LY E O LIFF S'LY 660` IBI 1 �� $ EXH p �
RAT TO DPW LEML DMRI FM
A IatlKv Rt1Aai m 1mll E> mm
wt/4, HWIA HEIA SEC. 88, 155, .WL
3 A1plt W-03"10 / CM l" LY MOMES
LlisEtiO P�AIiEiP
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LINE TABLE
BEARING
LENGTH
1
S71'20'.45"E
` 55:99'
2
H00` 09" 52
346.007
3
N89°50'08"E
21.00'
4
S00' 09' 521
101. 54'
5
S89'56,08,W
16.00'
6
S00`09'Si"t
44.W
7
N89'50'08'E
19.00'
8
SOO`09'5VE
92.00
9
N89'50'08"E
41.00'
10
S18-40'58"E
31.49
11 1
500'09`,52'E
104.17'
12
N71-20'45-l;
79:24'
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LOCATION WR
MT 10 SCALE
0
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w
TEMPORARY
r CONSTRUCTION
EASEMENT p
13,508t SO, FT. :-
ZEXCEPTION - CVWD. STOW w
CHANNEL R.O.W. PER DECREE OF a
CONDEMNATION REC. 10/O6/1923 a
IN BOOK 591 PAGE 223 OF DEEDS.
NORTHERLY LINE OF CVWD STORM CHANNEL,n
04
SO TWr,I.Y LINE OF THE NW 1/4 OF THE
NW 1/4 OF THE NE 1/4 OF SEC.. 29�'`� 0
t Ln
EGAN CIVIL, IK WmEl
m
EXH F, Page 21
EXHIBIT G
EXH G, Page 22
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA GUINTA,
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS:
Parcel I
Beginning at a Point 660 feet South of the Northwest comer of the Northeast Quarter of
Section 29. Township 5 South, Range 7 East San Bernardino Base and Mendian; thence
South 660 feet: Oence:East 660 feet to a Faint 1320 feet South of the Noirtborly tounciary
limb of said Section, thence North 660feOtt0a point 660fee* South No 6 d ofthes ,ai rt e
rly
boundary line; thence 660 feet West to the point, of beginning, Excepting therefrorn the
right of way of the 0 w&jeaa Valley storm Watee,.Distnct asacquired by, the District by
Decree of Condemnation recorded October$, 1923 in Book 591, Page 223 of Deeds, in
the Office of the County Recorder of the County of.RO'erSide, State of California.
Af,qc except ng therefrom aright of way for pvblichighway and public UtilitYPVrPoses over,
the Westerly rectangular 30 feet of said property, as conveyed to the County of Riverside,
by deed recorded May 24, 1933 in Boo. k 1. 22, Paige� 374 of Official Records in the Office
Of the county Recorder of the Courkty of Riverside, State of CSROmia. . said proper ty is
also shown by map of Record of Survey on rile in Book 8, Page 14'of Records of Survey,
in the Office of the County. Recorder of said County, in the Office of the County Recorder
of Riverside, State of California.
Also except that portion as described in the deed to the County of Riverside, recorded
July 1, 1969 as Instrument No. 66907, of Official Records,
Parcel Z
Ti e West half of the Southwest OVarter of
5 South, Range 7 Fast, S Me Northeast Quarter of Sac' tion 29, is ship
Bar Bernardino Base and meridian, lying North of the Goachalla
Valley Sto.rrr, Water District right of way, costaining five acres Or less and described as
follow$ -
Beginning 1320 feel South of the Northwest comer of the West Quarter of the Northeast
Quarter of Section 29, Townsh . ip 5 South, Range 7 East, Son Berns cttf>c 84se and
Meridian, thence South 330 feet thence 660 feet East thence 330 feet Noeh to a point
1320 feet South of the North boundary of said Sectiar, thenc,e Wes,,' e6o feet to the point
of beginning;
EXH G, Page 23
Excepting therefrom a right of way for public highway and public utilities purposes over
the Westerly rectangular 30 feet of said property, as conveyed to the County of Riverside,
by deed recorded May 24, 1933 in Book 122, Page 374 of Official Records.
Also excepting therefrom any portion included in the Coachella Valley Storm Water
District as acquired by said District by Decree of Condemnation recorded October 6,
1923, in Book 591, Page 223 of Deeds, and more particularly described by metes and
bounds as follows:
That portion of the North half of Section 29, Township 5 South, Range 7 West, San
Bernardino Base and Meridian, that is bounded as follows:
Beginning at a point in the West line of the Northwest Quarter of said Section distant
South 0"1'3W East 386.48 feet from the Northwest corner of said Section; thence South
71'25' East 3143.51 feet; thence Easterly along a curve concave to the North; to which
said last described line is tangent, and having a radius of 2664.93 feet, a distance of
1409.54 feet; thence North 78*18' East tangenttosaid curve 947M feet to a point in the
East line of said Section 29-, thence South 0'98' East along the East line of said Section
40&30 feet, thence South 78*18' West 856.66 feet-, thence Westerly along a curve
concave to the North to which said last described line is tangent and having a radius of
3064.93 feet a distance of 1619.95 feet; thence North 71*25'West 3008.83 feet to a point
in the West line of said Section 29; thence North 0001'30' West along the West line of
said Section 422.06 feet to the point of beginning.
EXCEPTING there from the mobile home or manufactured housing unit and
appurtenances, if any, located on said land.
[end of legal description]
EXH G, Page 24
EXHIBIT li
EXHIBIT H
EXH H, Page 25
1 DUNE PALMS ROAD
71 - �
iESTATES,
ALM E
MOBILE ESTA S, —79
LA QUINTA
HOUSING
AUTHORITY
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EpTA�G�OpN� DUNE PALMS ROAD
MOBILE ESTATES FULL SITE EXHIBIT 11117i2020
EXHIBIT I
EXHIBIT I
EXH I, Page 27
RESOLUTION NO, 2018 - 020
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 AT 46400 DUNE PALMS ROAD, AND APPROVING
AND ADOPTING A RESOLUTION OF NECESSITY
WHEREAS, the City of Lo Quinta, has been investigating the acquisition of
portions of property located at 46400 Dune Prams (toad 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 May 1, 2018, 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 attached hereto. as "Exhibit. A", and "B", which legal descriptions are
incorporated herein by reference ("Property'), the City Council of the City of La Quints
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 Widening Project ("Project"), and can
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 Gaffer required by Government Code § 72+67.2 had been given to
the owners of record; and
E, Whether the City had property exercised atl of its statutory responsibilities
and duties antecedent to the exercise of eminent domain against the
Property including review under CEQA; and
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 2016.009, approved on July
20, 2016, in accordance with the California Environmental Quality Act (CE.QA), and
WHEREAS, the City of Lo Quinta is authorized to acquire the Property under
authority of its own charter, and Government Code §§ 373.50.5 and 40404.
EXH I, Page 28
Resolution No. 2018-020
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road fbr the Dune Palms Widerinq Project
Adopted; May 1, 2.018
Page 2 of 4
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
Widening Project, a project to widen the east side of Dune Palms Road to its ultimate
General Plan width from Westward Ho Drive / Blackhawk Way to a point
approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) (as
referred above as the Project). The length of the widening improvements is
approximately 900 linear feet, and includes a single [one of travel in each direction.
SECTION 2. The Property to be acquired is located within the City at 46400 Dune
Palms Road (Assessor Parcel No. 600-030-010). The Property interest the City seeks to
consists of -
A permanent easement for street, and public utility purposes over some
approximately 2,610 square feet, as more specifically described in "Exhibit A"
hereto, and in "Exhibit B" hereto, which easement shall consist of the following:
A perpetual exclusive easement for public right of way, street, drainage,
pedestrian and utility purposes, including all use of the 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.
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 capacity of the street, which will
require continuity in the roadway alignment and 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 road widening, construction of median island, undergrounding of utilities,
and upgrading parkway landscaping, along with drainage improvements. The final
widened street section will consist of a 72 feet curb to curb street section, which will
EXH 1, Page 29
Resotutlon No, 2018-070
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Rood for the Dune Palms Widening Project
Adopted: May 1,2019
Page 3 of 4
provide two 11 foot travel tones 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 wide 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 residences, and the Project provides streetscape upgrades
along the remaining property's frontage, including a new block wall, new landscape
and irrigation, relocation and undergrounding of existing utilities, and improved
driveway access.
SECTION 5 The Property is necessary for the proposed Project, in that the roadway
widening must of necessity occur on property immediately adjacent to the existing
roadway.
SECTION 6. The offer required by Government Code § 7267.2 has been made to the
record owners, by way of letter dated December 13,.2016. In addition, on the same
date offer letters were sent to the owners of the individual coaches included within
the area of the proposed easement. 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 ff 1240.510and 1240.610.
SECTION The Project has been reviewed and approved under the Mitigated
Negative bectoration (MND), EA 2016-009, approved on July 20, 2016. The City
Council finds and determines that since the time of the adoption of that MND, there
have been no subsequent changes with respectto the circumstances under which the
Project is to be undertaken, no new i nformotion of substantial importance regarding
significont 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.
5EQTIQN_9. The low 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
EXH 1, Page 30
Resolution No. 2018-020
Resolution of Necessity to Acquire PorUom of 464 O Dune Palms Road for the Dune Palms Widening Project
Adopted; May 1, 2018
Page 4 of 4
available to them under the Eminent Domain -Low of the State of California, including,
but not limited to, seeking orders for prejudgment possession of the property. The City
Attorney is authorized to assign any work in such action to other attorneys as the City
Attorney may deem appropriate, and in the event it is possible to settle and
compromise such proceedings, the City Attorney may take all actions necessary to
complete the acquisition, including preparing and filing stipulations as to judgment,
final orders of condemnation, and arranging for the deposit or other payment of just
compensiaotn as may be agreed to.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 15t day of May, 2018, by the following vote:
AYES: Council Members Fitzpatrick, Pefia, Radl, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
PAM NIETO, Deputy City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXH 1, Page 31
EXHIBIT A
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTI LiTIES EASMENT
DUNE PALMS ROAD
(APN 600-030-010 / CHIN FAMILY PROPERTIES LIMITED PARTWERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-09722.17 of Official Records of said County, more
particularly described as follows;
The Easterly 9.00 feet of the Westerly 53.00 feet of the Southerly 290.00 feet of the Southerly
660.00 feet of the Northerly 1320.00 feet of the Westerly 660.00 feet of the Northwest Quarter
of the Northeast Quarter of Section 29, Township 5 South, Range 7 East, San. Bernardino
Meridian_.
CONTAINING., 21.610 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rjg -of-Way and Easements of record.
Graphically depicted on "EXHIBIT "A" — PLAT', attached hereto and by this reference made
a part hereof.
This legal description was prepared
by me or under my direction.
a
Be fri'amin Daniel Egan, Pig" 8756
Prepared July 5, 2016
Page 1 of 1
EXH 1, Page 32
EXHIBIT "A" - PLAT
PUT M Ai Owmy lick mmmu m
.4 K" Ilm AM UTIUTY USEMENT
NWI/4, W11/4, NEI/4 SM 29, T&% M, sue.
APN SI10-030-0110 / CHIN FAWLY PRWMES
UMITEO PARTNE10W
30.00'
0
C)
U-
C:)
a_
Lto 5100,
�5 1"c — ------------------------ F
z 44.00
LOCA,nCN.M
— AE
NOT TO SCAX
APN.' 600-030-019
",',�S'LY LINE OF N'LY 660'
W PER DEED RE.C.- 5/2411933
IN BOOK 122, PAGE 74 O,R
14.00'
GRANTDEED REC. 7/1/1969
AS INST. #66907, OA,
.30
VlClNrrY MAP
10T TO Stu
Z:A%>t:IWL:IV I
2,610± SQ. FT.
Lj
APN: 600-030-010
GRANT DEED REC. 11/23/2005 AS DM 02005-0435679 IV)
(SOUTH 660' OF THE NORTH 1,320' OF THE WEST 660'
OF THE OF THE NW 1/* Or THE NE 1/4
OF SEC. 29, 5S, R7E, SBM)
4
M 29
50 25 C, 50 i0o
A
SCALE: 1 "--50'
PWARED: 07105,12016 SHEET I OF I
IN DATE
PLS 8756
Paqe 2 of 2
EXH 1, Page 33
Exhibit. "B„
Mobile Home Desc-ription
General Description
Address:
46400 Dune Palms, La Quinta, CA 92253
Unit Number:
59
Horne Owner(s):
Raquel Sandoval
Home Manufacturer/Model:
Fleetwood.
Home Serial Number(s)
GAFL213E13085206 & CAFL2AE13085206
Year Manufactured:
84
Decal Number:
LAF7392
HUG Labeltinsignia No.:
CAL2790444 and CAL279043
Add On Square Footage:
NIA
Total Square Footage:
1,584 (2,V x 66')
No. Bedrooms:
4
No. Bathrooms:
1 + %
Site Improvements:
Approximately 360 square feet of masonry
pavers, approximately 400 square feet of stone
and pavers and miscellaneous other site
improvements
EXH I, Page 34
Exhibit "'B".
Mobile Home Description
General Description
Address;
46400 dune Paints; La Quinta, CA 92253
Unit Number:
82
Home Owner(s):
Maria C. Marruffo
Home Manufacturer/Model:
Marlette Homes, Inc.
Home Serial Number
K12260CD220846
Year Manufactured:
1972
Decal Number:
LAC8653
HUD Label/Insignia No..
20846
Add Can Square Footage.
NIA
Total Square Footage:
792
No. Bedrooms:
2
No. Bathrooms:
1
Site Improvements:
Aluminum 8' x 8' shed, Wood shed,
approximately 6' x 6', Above average
landscaping, Approximately 90 liner feet
of picket fencing; Approximately 100 sf of 12" x
12" masonry pavers on north side of home.
EXH I, Page 35
Exhibit "`B"
Mobile Home Description
General Description
Address:
46400 Dune Palms, La Quinta, CA 92253
Emit Number:
83
Home Owner(s):
Jose Benavides and Imelde Benavides
Home ManufactureriModel:
Viking
Hoare Serial Number(s)
61684X & 61684U
Year Manufactured:
74
Decal Number:
AAH4474
HUD Label/insignia No.:
139941 & 139942
Add On Square Footage:
N/A
Total Square Footage:
1,344 (24' x 56 )
No. Bedrooms:
3
No. Bathrooms:
2
Site improvements:
Mobile home manufactured by Viking, 10' x 101
aluminum shed; 4' and 6' height perimeter
fencing installed by home owner, Hardscaping
(pavers of various shapes and sues) .
Landscaping (small shrubs and plants at front of
residence) and miscellaneous other site
improvements
EXH I, Page 36
EXHIBIT J
EXHIBIT J
EXH J, Page 37
RESOLUTION NO. 2020 — 033
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
RESOLUTION NO. 201.9-038, AND DECLARING
THE PUBLIC INTEREST AND NECESSITY TO
ACQUIRE PORTIONS OF PROPERTY LOCATED AT
46400 DUNE PALMS ROAD, ASSESSOR PARCEL
NO. 600-030-010, AND APPROVING AND
ADOPTING A RESOLUTION OF NECESSITY
PROJECT: DUNE PALMS BRIDGE
NO. 2011-05 / 111205
AND PRESERVATION OF AFFORDABLE HOUSING
APN. 600-030-010
WHEREAS, the City of La Quinta, has been investigating the acquisition
of portions of property located at 46400 Dune Palms Road, more specifically
described in the legal description attached hereto as Exhibit 1 (the "Site"),
for the purposes of making public roadway and bridge improvements pursuant
to the circulation element of the General Plan of the City of La Quinta, and for
preserving and protecting the affordable housing thereon; and
WHEREAS, on May 1, 2018, the City Council passed Resolution No.
2018-020, declaring the public interest and necessity in acquiring various
portions of the Site for the Dune Palms Roadway Project ("Roadway Project"),
and pursuant thereto, filed an eminent domain action relating to the Roadway
Project taking, entitled City of La Quinta v. Chin Family Properties Limited
Partnership, et al. RCSC Case No PSC 1803284, filed on .dune 7, 2018
("Action"). The City has secured prejudgment possession of the property
interests acquired in that Action, and the case remains pending; and
WHEREAS, on September 17, 2019, the City Council passed Resolution
No. 2019-038, declaring the public interest and necessity in acquiring various
portions of the Site for the Dune Palms Bridge Project, more specifically
described in the legal descriptions and plat maps attached hereto as Exhibit
2, Exhibit 3, Exhibit 4, and Exhibit 5, which legal descriptions and plat
maps are incorporated herein by reference (collectively "Bridge Right of
Way"); and
WHEREAS, the City has negotiated at length with the owners of the
Site, and refrained from filing a second eminent domain action for the Bridge
Project takings while such discussions progressed. The owners indicated an
intent to consolidate the two actions, and asserted that the combined takings
EXH J, Page 38
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 1-9, 2020
Page 2 of 10
for the two projects would likely result in the assertion of substantial claims
for severance damage. At the same time, the City has identified viable and
important public uses for the remaining portions of the Site, namely, for
preservation, protection, and potential enhancement of affordable housing
stock within the City; and
WHEREAS, as a result of these discussions, the City and the Site's
owners have entered into an agreement for the City to acquire the remaining
fee interest of the owner's property, consisting of the Site owner's real estate
holding, except for hydrocarbon and mineral interests below the depth of five
hundred (500) feet below the surface, excluding those interests already
encompassed within Resolution 2018-020, and any active leases with any
party legally occupying any of the mobile home units thereon, and excluding
motor home coaches owned by such occupants, as defined in SECTION 3
below ("Site Remainder"). The agreed manner of transfer of the Site
Remainder from the Site Owner to the City is through the existing Action, by
amending Resolution 2019-038 to expand its reach to include both the Bridge
Right of Way and the Site Remainder, and to amend the scope of the Action
accordingly; and
WHEREAS, pursuant to California's Housing Element Law, for each
housing element "cycle," the City must plan to accommodate development of
the number of housing units assigned to it under City's Regional Housing
Needs Assessment ("RHNA" ). The City's RNHA allocation for the current cycle,
which ends in October 2021, is 364 overall units, with 152 of those units
required to be developed for low- and very low-income households; and
WHEREAS, the California Department of Housing and Community
Development and Southern California. Association of Governments are
contemplating the methodology and allocation of units for the upcoming cycle
(October 2021 through October 2029). Based on preliminary estimates, City's
RHNA allocation for low and very low-income units will likely exceed 600
units; and
WHEREAS, by acquiring the Site Remainder, the City will better be able
to prevent, as required by State law (Government Code sections 66300-
66301), any demolition of housing units without the same number of units or
more to be available at the Site, or the demolition of any protected units
without being relocated and/or replaced with the same number of protected
units or more; and
WHEREAS, by acquiring the Site Remainder, the City may also be in a
position to undertake investigations toward potential relocation and/or
replacement of existing Site residents not otherwise affected by the Action or
EXH J, Page 39
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 3 of 10
contemplated to be taken for the Bridge Project, and may at some point use
the entire Site Remainder as a location for new, upgraded, and expanded
housing opportunities, including the potential development of low- and very
low-income housing, on the Site Remainder; and
WHEREAS, after not less than fifteen days' notice to the Site owner, on
September 15, 2020, the City Council of the City of La Quinta held a hearing
to determine whether all of the following were met with respect to the City's
acquisition of the Bridge Right of Way and the Site Remainder:
A. Whether the public interest and necessity require the Bridge
Project and the Housing Project (as defined in SECTION 1, below);
B. Whether the Bridge Project and the Housing Project are planned
or located in a manner which is most compatible with the greatest
public good and the least private injury;
C. Whether the Bridge Right of Way and the Site Remainder proposed
to be acquired are necessary for the Bridge Project and the
Housing Project;
D. Whether the offer required by Government Code § 7267.2 had
been given to the owners of record for the property interests
proposed to be acquired; and
E. Whether the City had properly exercised all of its statutory
responsibilities and duties antecedent to the exercise of eminent
domain to acquire the Bridge Right of Way and the Site
Remainder, including environmental review under NEPA and
CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined
that the public health, safety and welfare require that the City acquire, in
addition to the rights of way presently being pursued in the Action, the Site
Remainder and the Bridge Right of Way; and
WHEREAS, the City of La Quinta is authorized to acquire the Site
Remainder and the Bridge Right of Way 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 Bridge Right of Way 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
EXH 3, Page 40
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2014-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 4 of 10
the Coachella Valley Storm Water Channel, and to improve Dune Palms Road
("Bridge Project"). The Project for which the Site Remainder is being acquired
is the preservation of existing affordable housing in the City, consistent with
Government Code sections 66300-66301, and other provisions of law
("Housing Project").
SECTION 2. The Bridge Right of Way to be acquired by the City consists of:
A. A permanent easement for street and public utility purposes
over some approximately 3,040 square feet, as more specifically
described in Exhibit 2 hereto, and depicted in Exhibit 3 hereto,
which easement shall consist of the following: A perpetual
exclusive easement for public right of way, street, drainage,
pedestrian and utility purposes, including all use of the 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.
B. A temporary construction easement over approximately
13,508 square feet, as more specifically described in Exhibit 4
hereto, and depicted in Exhibit 5 hereto, which easement shall
consist of the following: The temporary construction 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 4 and Exhibit 5, from adjacent public rights of way, as
reasonably necessary for purposes incidental to the construction
of the Bridge 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 Bridge
Project in the manner proposed, including any necessary
excavation; grading; earth fill; compaction; slough or perimeter
wall construction; installation of concrete forms; landscaping;
EXH J, Page 41
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-01.0
Adopted: September 15, 2020
Page 5 of 10
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
Bridge 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 Bridge
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 Bridge Project, City shall protect all
structures on the temporary construction easement area in place,
and shall protect or restore all improvements thereon.
The temporary easement rights granted hereunder shall
commence the date the Bridge 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, 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 Bridge Project as designed and as to be construed in the
manner proposed.
EXH J, Page 42
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 6 of 10
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
Bridge Right of Way is a part.
C. The mobile home and single-family residence
improvements, and appurtenant improvements, to Space 1 and
Space 31 of 46400 Dune Palms Road.
SECTION 3. The Site Remainder to be acquired is located within the City
at 46400 Dune Palms Road (Assessor Parcel. No. 600-030-010), and consists
of all portions of the fee interest in that property, except for: a) the portions
already being acquired in the Action as part of the Roadway Project and more
specifically described in Resolution 2018-020, b;) hydrocarbon and mineral
interests below the depth of five hundred (500) feet below the surface, and c)
leasehold interests and motor home coaches owned by legally occupying
tenants.
SECTION 4. The public interest and necessity require the Bridge 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 this
project. The Bridge 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.
The public interest and necessity require the Housing Project, in that State
law requires the City to take measures to prevent the demolition or potential
loss of affordable housing, and to utilize resources of the City's Housing
Authority to promote, preserve, and enhance affordable housing opportunities
within its jurisdiction.
SECTION 5. The Bridge 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 Bridge Project is designed in a manner
compatible with the greatest public good, in that the Bridge Project will involve
improvements to allow for improvement of Dune Palms Road in either
direction, and provide other streetscape improvements, in addition to
constructing a low water crossing over the Coachella Valley Storm Water
Channel at Dune Palms Road. In addition to enhanced circulation along Dune
Palms Road, the Bridge Project will provide bicycle/golf cart lanes,
EXH J, Page 43
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 7of10
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 Bridge Project is designed in a manner
compatible with the least private injury in that the acquisition has been limited
to the Bridge 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 minimize disruptions, and
to limit the City's uses to activities necessary or beneficial to project
construction. The Bridge Project provides streetscape upgrades along the
remaining property's frontage, including a new block wall, new landscape and
irrigation, relocation and undergrounding of existing utilities, and improved
driveway access.
The Housing Project is located in a manner most compatible with the greatest
public good and least private injury, in that it permits the preservation of
existing affordable housing, and assures the existing occupants that such
housing will remain in the near term, while effectuating public policies
requiring the preservation and enhancement of affordable housing. The
Housing Project comports with the least private injury because it affords the
opportunity for enhanced affordable housing to serve all La Quinta residents,
and offers the Site Remainder owners an opportunity to avoid multiple
eminent domain proceedings to recover. uncertain damages.
SECTION 6. The Bridge Right of Way is necessary for the proposed
Bridge 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.
The Site Reminder is necessary for the proposed Housing Project, in that the
bridge and roadway widening projects have already affected the Site, and
existing affordable housing, which is proposed to be preserved, is already
present on the Site.
SECTION 7. The offer required by Government Code § 7267.2 for the
Bridge Right of Way was made to the record owners, by way of letter dated
June 10, 2019. In addition, on the same date, offer letters were sent to the
owners of the individual coaches included within the area of the proposed
easement. The offer required by Government Code § 7267.2 for the Site
Remainder was made to the record owners, by way of letter dated October 3,
2019, and by way of the Settlement Agreement negotiated between the City
and the property owners.
EXH J, Page 44
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project - Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 8 of 10
SECTION 8. 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 Bridge
Project and the Housing Project is compatible with, or more necessary to, such
public use, and that the City is authorized to acquire the Bridge Right of Way
and Site Remainder pursuant to Code of Civil Procedure sections 1240.510
and 1240.610.
SECTION 9. The Bridge Project has been reviewed and approved under
the Mitigated Negative Declaration, EA 2017-0013, approved on February 14,
2018 ("MND"). The Bridge 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.
City Council finds and determines that the acquisition of the Site Remainder
for the Housing Project is exempt from review under CEQA under title 14,
California Code of Regulations sections 15061(b)(3), 15301, and 15326. The
acquisition is exempt under the "common sense" exception, because it
involves no physical change in the environment, only a change in the
ownership of property. Second, section 15301 exempts projects that relate
to existing facilities, that propose no substantial modifications, such as is the
case here. Finally, section 15326 exempts acquisitions of housing units
pursuant to a housing assistance plan.
SECTION 10. 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 Bridge Right of Way and the Site Remainder in the Action, or as
otherwise may be permitted by law, 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 such property interests 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. The City Attorney is authorized to assign any work in such action
to other attorneys as the City Attorney may deem appropriate, and in the
EXH J, Page 45
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project Amendment to Resolution of Necessity No, 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 9of10
event it is possible to settle and compromise such proceedings, the City
Attorney may take all actions necessary to complete the acquisition, including
preparing and filing stipulations as to judgment, final orders of condemnation,
and arranging for the deposit or other payment of just compensation as may
be agreed to.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 15th day of September, 2020 by the following
vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RA EVA, ' y Clerk
City of La Qt�nta, lifornia
(CITY SEAL)
LINDA EVANS, Mayor
City of La Quinta, California
EXH J, Page 46
Resolution No. 2020-033
Dune Palms Bridge Project/Housing Project -- Amendment to Resolution of Necessity No. 2019-038;
46400 Dune Palms Rd; APN: 600-030-010
Adopted: September 15, 2020
Page 10 of 10
APPROVED AS TO FORM:
r
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXH J, Page 47
RESOLUTION NO. 2020-033
EXHIBIT 1
ADOPTED: SEPTEMBER 15, 2020
LEGAL DESCRIPTION'pE REAL PROPERTY
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA,
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, DESCR18ED AS FOLLOWS:
Parcel 1.
Beginning at a point 660 feet South of the Northwest corner of the Northeast Quarter of
Section 29, To iship 5 South, Range 7 East, Stan Bernardino Base and Meridian -,thence
South 660 feet; thence East 660 feet to,a point 1320 feet South of the Northerly boundary
line of said Seetiont1hence North 660 feet to a point 660 feet South of the said Northerly
boundary line; thence 6.60 feet West to the point of beginning. Excepting the the
right of way of the Coachella Valley Storm Water Diistrict, as acquired by the District by
Decree of Condemnation; recorded October 6. 1923 ih Book 591, iPage 223 of Deeds, in
the Office of the County Recorder of the County of Riverside,: State of California.
Also excepting therefrom a right of way for public highway and public utility purposes over,
the Westerly rectangular 30 reef of said property as conveyed to the County of Riverside,.
by deed recorded May 24. 1933 in Book 122, Page 374 of Official Records in the Office
of the county Recorder of the County of Riverside, State of California, said property is
also.shown by trap of Record of Survey M file in F3ciok 8, Page 14 of Records of Survey,
in the Office of the County Recorder of said County, in the Office of the County Recorder
of Riverside, State of California.
Also except that portion as described in the deed to the County of Riverside, recorded
July 1, 1969 as Instrument No. 66907, of Official Records.
Parcel 2:
The West half of the Southwest Quarter of the Northeast Quarter of Section 29, Township
5 Smith, Range 7 East, Sao: Bernardino Base and Meridian, lying North of the Coachella
Valley Storm Water District right of way,. containing five acres or less and described as
follows:
Beginning 1320 feet South of the Northwest corner of the West Quarter of the Northeast
Quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Base and
Meridian, thence South 330 feet; thence 660'feet East, thence 330 feet North to a point
1320 feet South of the North boundary of said Section;. thence West 660 feet to the point
of beginning;
EXH J, Page 48
RESOLUTION NO. 2020-033
EXHIBIT 1
ADOPTED: SEPTEMBE.R 15, 2020
Excepting therefrom a right of way for public highway and public utilities purposes over
the Westerly rectangular 30 feet of said property, as conveyed to the County of Riverside,
by deed recorded May 24, 1933 in Book 122, Page 374 of Official Records.
Also excepting therefrom any portion. included in the Coachella Valley Storm Water
District as acquired by said District by Decree of Condemnation recorded October 6,
1923, in Book 591, Page 223 of Deeds, and more particularly described by metes and
bounds as follows:
That portion of the North half of Section 29, Township 5 South, Range 7 West, San
Bernardino Base and Meridian, that is bounded as follows:
Beginning at a point in the West line of the Northwest Quarter of said Section distant
South 001'30" East 386.48 feet from the Northwest corner of said Section; thence South
71 °25' East 3143.51 feet; thence Easterly along a curve concave to the North; to which
said last described line is tangent, and having a radius of 2664.93 feet, a distance of
1409.54 feet; thence North 78018' East tangent to said curve 947.52 feet to a point in the
East line of said Section 29; thence South 0098` East along the East line of said Section
408.30 feet; thence South 78*18' West, 856.66 feet; thence Westerly along a curve
concave to the North to which said last described line is tangent and having a radius of
3064.93 feet, a distance of 1619.95 feet; thence North 71'25' West 3008.83 feet to a point
in the West line of said Section 29; thence North 0"01'30" West along the West line of
said Section 422.06 feet to the point of beginning.
EXCEPTING there from the mobile home or manufactured housing unit and
appurtenances, if any, located on said land.
APN: 600-030-010
[end of legal description]
EXH J, Page 49
RESOLUTION NO. 2020-033
EXHIBIT 2
ADOPTED: SEPTEMBER 15, 2020
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT - DUNE PALMS BRIDGE
(APN 600-030-010 / CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November23, 2005 as Doc. # 2005=0972217 of Official Records of said County, more
particularly described as follows:
The Westerly 53.00 feet of the Southerly 660.00 feet of the Northerly 1320.00 feet of the
Westerly 660.00 feet of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 5 South, Range 7 East, San Bernardino Meridian.
EXCEPTING THEREFROM any portion of said parcel of land included in the Coachella Valley
Storm Water District as acquired by said District by Decree of Condemnation recorded October
61 1923, in Book 591, Page 223 of Deeds;
ALSO EXCEPTING THEREFROM a right-of-way for public highway and public utilities purposes
over the Westerly rectangular 30 feet of said parcel of land, as conveyed to the County of
Riverside, by deed recorded May 24, 1933 in Book 122, Page 3.74 of Official Records;
ALSO EXCEPTING THEREFROM the easterly 14 feet of the westerly 44 feet of said parcel of land
as described in the deed to the County of Riverside, recorded July 1, 1969 as Instrument No.
66907, of Official Records;
ALSO EXCEPTING THEREFROM the Northerly 290.00 feet of said parcel of land.
CONTAINING: 3,040 Square Feet, more or less.
SUBJECTTO all Covenants, Bights, Rights -of -Way and Easements of record.
Graphically depicted on 'EXHIBIT "V — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction_
Ben ;a r Danlel Egaq, PLS 8756
Prepared September 13, 2018
Page 1 of 1.
EXH J, Page 50
c
c
S
53.60'
30.00'
V) 44.00'
30.00'
CL
�1
z o 44. oEi'
o�
r
JJ'
U .1d ,
i 53.00'
RESOLUTION NO. 2020-033
EXHIBIT 3
ADOPTED: SEPTEMBER 15, 2020
...
`�--N.LY LINE OF S'LY 660' PLAT
PLAT fro ACCQYPAHY LEGAL DESCiJMM FOR
A KIBLiC RID. AND UTILITY EAMNT
HWI/4. NIY1/4, NE1/4, SEC. 29. 75S, 117E. SIN!
APN WD-O3O-010 / CHIN FAVILY PROPERTIES
(DECEPTION -NORTH 290.00' OF L1HdM D PARTNERSHIP
EAST 9.00' OF WEST 53.00' tb
OF SOUTH 660'
j
A IN
EXCEPTION - 30'
R/W PER DEED REG. 5/2411933
TN HOOK 122, 1PAGE 374 O .
E1ECWTrON - 14.0V T'
RANT DEED EtEG. 7/1/1969 '
5 INST. A6907. O.R.
41,
—EASEMENT
3.0401 SO. FT.
EXCEPTION - CVWD STORM. GHAN n R.0.W.
PER DECREE OF CON"ATION REC.
10/06/1923 IN BOOK 591 PAGE 223 OF DEEDS,
CY104 29 1
,
LOCATION MAP
mn-m Mu
NORTFERLY LINE OF CVWD STORM CHANNEL
SOUTFH-RLY LINE OF TIE NW 1/4 OF TIE
NW 114 OF THE NE 1/4 OF SEC. 29
EGARCIVIL.:
:A'MniN;E'l3 VN�1LL �vry��
ZEPARED 09/13/2018
0
to
a
U
ul
SHEEP 1 OF 11
EXH J, Page 51
RESOLUTION NO. 2020-033
EXHIBIT 4
ADOPTED: SEPTEMBER 15, 2020
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT - DUNE PALMS BRIDGE
(APN 600-030-010/CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November, 23, 2005 as Doc. #2005-0972217 of Official Records of said County, more
particularly described as follows:
COMMENCING at the intersection of the westerly line of the northeast quarter of Section 29,
Township 5 South, Range 7 East, San Bernardino Meridian with the northerly fine of that parcel
of land included in the Coachella Valley Storm Water District as acquired by said District by
Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of Deeds;
Thence along said northerly line South 7l°20'45" East a distance of 55.99 feet to a line parallel
with and 53.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29, said point being the POINT OF BEGINNING;
Thence along said parallel line North 00-09'52" West a distance of 346.00 feet;
Thence leaving said parallel line at right angles North 89'50'08" East a distance of 21..00 feet to
a line parallel with and 74.00 feet easterly, as measured at right angles, from said westerly line.
of the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52'' East.a distance of 101.54 feet;
Thence leaving said parallel line, at right angles South 89°51y08"West a distance of.16.00 feet to
a line parallel with and 58.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00"09'52" East a distance of 44.00 feet;
Thence leaving said parallel line at right angles North 89"50'OS" East a distance of 19.00 feet to
a line parallel with and 77.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00'OYS2" East a distance of 92.00 feet;
Thence leaving said parallel line at right angles North 89"50'08" East a distance of 4L00 feet;
Page 1 of 2
EXH J, Page 52
RESOLUTION NO. 2020-033
EXHIBIT 4
ADOPTED: SEPTEMBER 15, 2020
Thence leaving said parallel line South 18"40'S8" East a distance of 31.49 feet to a line parallel
with and 128.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29;
Thence along said parallel fine South 00°09'52" East a distance of 104.17 feet to the northerly
line of said parcel of land included in the Coachella Valley Storm Water District as acquired by
said District by Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of
Deeds;
Thence along said northerly line North 71°20'45" West a distance of 79.24 feet to the POINT OF
BEGINNING.
CONTAINING: 13,508 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements. of record.
Graphically depicted on 'EXHIBIT"B"— PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
BenJa n Daniel Ems*, PL5 9756
Prepared September 13, 2018
Page 2 of 2
EXH J, Page 53
53`
58'
53`
RESOLUTION NO. 2020-033
EXHIBIT 5
ADOPTED: SEPTEMBER 15, 2020
'—N'LY LINE OF 5'LY 660' PLAT
j PUNT TO MMPMff LEGAL DESCRIP710N FOR
A PLFBLIC ROAD AND UTILITY LA5EWU
NWn/4, HWi/4r NEi/4. SEC. 29. TK VE. SBWt
tiles PARTNERSHIP
fl.
21°.All
+ � w
LIME TABLE
` BEARING
LENGTH
1
871'20 45"f
55.99'
2
NOO'09`52'W
346.00'
3
N89'50'08"E
21.00
4
SOO`09'52"E
101.54'
5.
Sa9'50`08"➢I
16.00
' 6
SOC 09''52"E
44.00'
7'
N89'50'08"E
19.00'
8
S00 09'52 E
92.00'
9
N89'50'08"E
41.00'
IO.
S18'40'58'E
31.;49
11
SOO 09,57TE
104.17'
12
1 M1 20'45'W
79.24'
LOCAi10N MAP
wrmscu
1° TEMPORARY
CONSTRUCT/ON
cn
EASEMENT
13,508t SO- FT.
-1100 - CVO STOW
CFiANAiEL R:O. W . PER DEGREE, OF
r 11 CONDEMNATION REC. 10/06/1923 � v
IN BOOK.591 PAGE 223 OF DEEDS.
NORTHERLY LINE OF CVWD STORMWHe
cv
W)T11ERLY LINE OF THE NW 1/4 OF THE
NW 1/4 OF THE NE 1/4 OF SEC, 2 o
Lo
DANIEL Wk. PLS 8756
REPARED 09/13/2018
Lo
SHEET 1 4F 1
EXH J, Page 54