HomeMy WebLinkAbout600-030-010 Chin Family - Final Order (rec) 01-07-21Palm Springs Courthouse
3255 E Tahquitz Canyon Way
PALM SPRINGS CA 92262
Receipt No 20210119-00559.1 Cashier Caroline
Payor Nationwide Legal LLC Date 01/19/2021 Time 314 PM
CASE PSC1803284
CITY OF LA QUINTA CHIN FAMILY PROPERTIES LIMITED
Line Item Preparing copies/copy
fees GC 70627A 27.00
Line Item Issuing writ for enforcement of order of judgment writ of execution abstract 40.00
of judgment certificate of satisfaction of judgment certifying copy of paper record
or
proceeding on file taking affidavit etc.GC 70626A1-8
Case Total 67.00
Check 170423 67.00
Total Paid 67.00
Change 0.00
Current Balance 0.00
KEEP THIS RECEIPT FOR YOUR RECORDS
Receipt must be provided as proof of payment in case of a dispute
E Emi7FRotFimcFEESPunstM1T
I RUTAN TUCKER LLP To GovERvwF%T CovESScTiav 6101
William H..Ihrke State Bar No.204063
2 hihrke@irutan.com
David B.Cosgrove State Bar No.115564
3 dcosgrove aurutan.com
15575 Jamboree Road 9th Floor SUPERIOR COURT of CALIIFORNIA
Irvine.CA 92612 COUNTY OF RIVERSIDE
Telephone 714-641-5100 07 2021Facsimile714-546-9035 p
A
rAttorneysfor Plaintiff ungberg
7 CITY OF LA QUINTA a municipal corporation
9 SUPERIOR COURT OF TTiE STATE OF CALIFORNIA
10 FOR.THE COUNTY OF RIVERSIDE
-PALM SPRINGS COURT
i I
CITY OF LA QU.INTA a municipal Case No.PSC 1503254
corporation.
12 Assigned f.v-all Purposes to
13
Plaintiff Hon.David M.Chapman Dept.PS2
14 vs.FINAL ORDER OF CONDEMNATION
1
AND WITHDRAWAL OF LIS PENDENS
15 CHIN FAMILY PROPERTIES LIMITED
PARTNERSHIP a California Limited APN 600-030-010
16 Partnership
17
GENERAL TELEPHONE COMPANY OF filed concurrently With /i Porte Aplplication
CALIFORNIA a California corporation Declaration ojDavid B.Cosgrove Proposed
18 COACHELLA VALLEY WATER DISTRICT Stipulated Judgment in Condemnation and
PUBLIC FACILITIES CORPORATION a Stipulation jbrJudginenl
19 public agency
WEB SERVICE CO.INC.a California Reservation No.RES241899
20 corporation
MARIA.C.MARRUFFO an individual Ex Parte Hearing
21 tOSI BF.NAVIDES an individual
DATE December 17 2020
TIME 830 ant
22 IMELDA BENAVIDES an individual DEPT.PS2
ALL PERSONS UNKNOWN CLAIMING AN
23 INTEREST IN THE PROPERTY DESCRIBED Trial.Setting Conference
THEREIN and DATE February .1 2021
24 DOES I through 50 inclusive TIME 830 a.n1
25 DEPT.PS2
Defendants.
26 Date Action Filed June 7 2015
Trial Date None Set
ý7
ni fi a.oa FINAL ORDER OF CONDEMNATION AND
WIT14DRAWAL OF LIS PENDENS
r
.Stipulated Judgment in Condemnation having been entered on December 2020
2 which Stipulated Judgment in Condemnation is now final and to which reference
is made and it
3 appearing to the satisfaction of the Court that the conditions set forth in said Stipulated Judgment
4 in Condemnation as necessary for issuing this Final Order of Condemnation have been satisfied
5 upon application of Plaintiff CITY OF LA QUINTA a municipal corporation City and good
6 cause appearing
7 NOW THEREFORE IT IS HEREBY ORDERED ADJUDGED AND DECREED
8 1.Property Interests Conveyed
9 There is hereby condemned in favor of the City each of the property interests described
10 below
I I a A permanent casement for street and public utility purposes over some 2610 square
12 feet more specifically described in Exhibit A attached hereto and incorporated by this reference.
13 and depicted in the map attached hereto as Exhibit B and incorporated by this reference
14 Roadway Easement Parcel
15 b Mobile Home units Nos 82 and 83 of 46-400 Dune Palms Road that are within
16 the Roadway Easement Parcel as more specifically described in Exhibit C hereto Roadway
17 Residential Parcel
18 c A permanent easement for street and public utility purposes over some 3040 square
19 feet more specifically described in Exhibit D attached hereto and incorporated by this reference
20 and depicted in the map attached hereto as Exhibit E and incorporated by this reference Bridge
21 Easement Parcel
22 d A temporary construction easement over some 13508 square feet more
23 specifically described in Exhibit F attached hereto and incorporated.by this reference and
24 depicted in the map attached hereto as Exhibit C and incorporated by this reference Bridge
25 TCE Parcel
26 c The mobile home and single family residence improvements and appurtenant
27 improvements to Space Nos.I and 31 of 46-400 Dune Palms Road that are situated within the
28 Bridge Easement Parcel the Bridge Residential Parcel
-2-159O1$610-0
149 FINAL ORDER OF CONDEMNATION AND
t x73 7.I al21U 2 WITHDRAWAL OF LIS PENDENS
I f The fee simple interest as to all remaining portions of Assessor parcel No.600-20330-010 46-400 Dune Palms Road more specifically described in.Exhibit H attached hereto
3 excepting i hydrocarbon and mineral interests below the depth Of five hundred 500 feet below
4 the surface and ii any validly existing mobile home space leasehold interests not owned by Chin
5 or previously acquired by City and iii any mobile home or manufactured home or tenant
6 improvement appurtenant thereto the Remainder and
7 g The fee simple interest as to the manufactured home located at Space No.29 and
8 depicted as OFFICE on Exhibit I attached hereto and incorporated by this reference and any
9 improvement appurtenant thereto.
to The scope and terms of the Roadway Easement Parcel are more specifically described in
I 1 the resolution of necessity Resolution No.
2018-020 attached hereto as Exhibit .and
12 incorporated herein by this reference.
13 The scope and terms of the Bridge Easement Parcel and the Bridge TCE Parcel are more
14 specifically described in the resolution of necessity Resolution No. 2020-033 attached hereto as
1.5 Exhibit K and incorporated herein by this reference.
16 2.Public Purpose of Taking
17 The purpose for which the above described property interests are being taken by the City
18 to wit the Dune Palms Roadway Project Roadway Project the Dune Palms Bridge Project
19 Bridge Project and the HousingProject as more specifically described in Exhibits .and lK
20 hereto are all a public use authorized by law and the taking of such property interests is necessary
21 for such purposes.
22 3.Title to Vest in City
23 Title to the above-described fee simple and easement interests including the interests
24 described and depicted in Exhibits A through t hereto shall vest in Plaintiff CITY OF LA
25 QUINTA upon recordation of a certified copy of this Final Order of Condemnation in the office of
26 the Recorder of the County of Riverside State of California.
27 4.Cancellation of Taxes
28 Pursuant to Revenue and Taxation Code sections 5081 ei seq.all taxes and assessments
sat iýsiatýtývv
_
FINAL ORDER OF CONDEMNATION AND
WITHDRAWAL OF LIS PENDENS
I penalties and costs which are a lien on any property interest described and depicted in Exhibits A
2 through I attached hereto and which are apportioned or imposed with respect to each respective
3 property interest are hereby cancelled and extinguished as of the following dates of
4 apportionment
5 a the date of apportionment as to the Roadway Easement Parcel is November 14
6 2018 the date the City was authorized to take possession of said portions of the Property
7 b the date of apportionment as to the Bridge Easement Parcel and the Bridge TCE
8 Parcel is July 23 2020 the date the Citys was authorized to take possession of said portions of
9 the Property and
10 c the date of apportionment as to the Remainder is the date of entry of Judgluent in
I I this action the date the City was authorized to take possession of said portion of the Property.
12 5.Recordation of Certified Copy of this Final Order of Condemnation
l 3 The Clerk of the Court shall certify a copy of this Final Order of Condemnation for
14 I recording with the Recorders Office for the County of Riverside State of California.
15 6.Withdrawal of Lis.Pendens
16 The lis pendens tiled in this action on or about June 7 2018 and recorded with the
17 Riverside County Recorder as Document No.2018-0231.240 is hereby withdrawn.Recordation
18 of this Final Order of Condemnation shall serve as notice of this withdrawal pursuant to Code of
19 Civil Procedure section 405.50.
20
21
22 Dated
Hone David M.Chapman
23 Judge of the Superior Court
24
25
26
27
28
-4-tsttýýsezo-atarFI.NAL.ORDER OF CONDEMNATION AND77WITHDRAWALOFLISPENDENS
EXHIBIT A
EXHIBIT A EXH A Page 5
EXHIBIT A
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT DUNE PALMS ROAD
APN 600-030-010 t CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP
That certain parcel of land located in the City of La Quints 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 2610 Square Feet more or less.
SUBJECT TO all Covenants Rights Rights-of-Way and Easements of
record.
Graphically depicted on EXHIBIT S -PLAT attached hereto and by this
reference made a part hereof.
NCB.8756
This legal description was prepared by me or under my direction.
Benjamin Daniel Egan PLS 8756
Prepared July 5 2016
Page 1 of I
EXH A Page 6
Mobile Home Description
General Description
Address 46400 Dune Palms LaQulnta
CA 92253
Unit Number.82
Home Owners Maria C. Marruffo
Home ManufacturertModel Marlette Homes Inc.
Home Serial Number K12260CO220846
Year Manufactured 1972
Decal Number LAC8653
HUD Labelllnsignia.No.20846
Add On Square Footage N/A
Total Square Footage
792
No.Bedrooms 2.
No.Bathrooms I
Site Improvements Aluminum 8x 8 shed Wood shed
approximately 6x 6 Above average
landscaping Approximately
90 liner feet
of picket fencing Approximately
1 99 sf of 12 x
12 masonry pavers on north side of home.
EXH A Page 7
Mobile Home Description
General Description
Address 46400 Dune Palms La Quinta CA 92253
Unit Number 83
Home Owners Jose 8enavides
and Imelda Benavides
Home Manufacturer/Model Viking
Home Serial Numbers 61684X 61684U
Year Manufactured 74
Decal Number AAH4474
HUD Labeilinsignia No.139941 139942
Add On Square Footage N/A
Total Square Footage 1344 24 x 56
No.Bedrooms 3
No.Bathrooms 2
Site Improvements Mobile home manufactured by Viking 10 x 10
aluminum shed 4 and 6 height perimeter
fencing installed by home owner.Hardscapirig
pavers of various shapes and sizes
Landscaping small shrubs and plants at front of
residence and miscellaneous other site
improvements
EXH A Page 8
EXHIBIT B
EXHIBIT B EXR B Page 9
EXHIBIT PLC
AKon 0 umm T
I/A Wilt 9/4 SEC.n.SS R S SECTI 29
A 1O /CHIN FAMB.Y PWEM
LIMIITh PAN
-NELýAIAP RON 29MTTOa
_AP 00-030-019 .
VICINITY MAP
1
-S LY L I i OF N Y 660 W N SCALE
PER DEED
REC./2419350Zli--j -
IN BOOK 122 PAGE 74 0R.
m 14.0mGRAMDEEDREC.7/1/196
AS INST.66907 O.R.
CL tAj
Z 44OC1 9001
26 0 SQ.Fi.
APN 600-00-010
GRANT DED PLC.11/23/2005 DOG.2005-N35679
SOUTH 660 OF THE NORTH 1320 OF Tom-AES1 ý60
OF THE OF THENW 1/4OFTHENE 1/4
OF SEC.29 5S R7E SSM
50 5 0 50 100
L ILA AN
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PEAR 07/052116 SEE 1 ýCF I
NO.7 771NO856
rANDIINS
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EXH B Page 10
EXHIBIT ýC
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KINGDOMHALLHOUSINGAUTHORITYMOBILEESTATESOF
JEHOVAHS..WITNESSODUNEPALMSROADHýPTAG4tdSEVENCOMBINEDPROJECTLIMITS
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EXHIBIT D
EXHIBIT II
EXHIBIT A
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT -DUNE PALMS BRIDGE
APN 600-030-0101 CHIN FAMILY PROPERTIES LIMITEt PARTNERSHIP
That certain parce 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.It 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 3040 Square Feet more or less.
SUBJECTTO all Covenants Rights Rights-of-Way and Easements of record.
Graphically depicted on EXHIBIT B -PLO attached hereto and by this reference made a
part hereof.
This legal description was prepared LA.
by me or under my direction.9A
BendDanienPLS
l 875 6
Pr epared September 13 2018
Page 1 of 1rfiIE.CI
EXU D Page 14
EXHIBIT E
EXHIBIT E EXH E Page 1.5
\-N LY LINE OF Sly 660 EXHIBIT--B g9..PLAT
PLAT to At PAtt IICAi.DESCIDPi N FOR
A ROX RM AND VMM E.ASEt4FNT
17 ýý VI/4.1101/4 Nft/4.SEC.29 T53.SSU
APR SM-0300110 /CHIN VAMILY P ROFMU
U-EXCEPTION -OATH 290.0 OF
llMtifED PARTWOMP
EAST 9.00 OF WEST 53.00 to
OF SOUT 664
r
53.00
EXCEPTION -30
004 ON
30.00 R/Yt PER DEED REC.5 24/1933
229INBOCK122OAtE 374 O.R.oj4f_fsEcr
44.00
313 03
MAP
EXCEPT UN 14.0I WT TO TAZ
GRANT DEED REG 7/i/1959 4taitia3 NpIASIi4ST.966907 O.R.c
44.00 9.00
NE 114DCTIt1W 29
cvyo
LOCA11ON MAP
Wr 5 kE
EASEMENT
30401 S0 FT.
0
53.a0
EXCEPTION -CVW0 STORM Ci Ot3a R.O.W.
PER OEQ EE OF Ct 1NATION REC.
10/O6/1923 IN BOOK 591 PALE 223 OF DEEDS.w
NORTFERLY LINE OF CVWL STORM CFEM L
ti SOU17-ERLY LIN OF 1W NW 1/4 OF THE
tAV 1/4 OF THE NE t/4 OF SEC.29
LA1Vo
SHEET 1 OF I
NO.8751 IGAII CIVIL INC.
OF Carl Atititi DANIEL EGAN PLS 87561 p 8g LA R OTC A 9 2 39UARM09/13/201
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EXIt E Page 16
EXHIBIT F
EXHIBIT F EXH F Page 17
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT-DUNE PALMS BRIDGE
APN 604.030-010 /CHIN FAMILY PROPERTiES11MITED 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.2005-0972.217 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 712045 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 000952 West a distance of 346.00 feet
Thence leaving said parallel line at right angles North 895008 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.0009S2 East a distance of 101.54 feet
Thence leaving said parallel line at right angles South 895008 West a distance of 16.00 feet to
a tine 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 000952 East a distance of 44.00 feet
Thence.leaving said parallel line at right angles North 835008 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 000952 East a distance of 92.00 feet
Thence leaving said parallel line at right angles North 895008 East a distance of 41.00 feet
Page 1 of 2
EXH F Page 18
RESOLUTION NO.2019-038
EXHIBIT 3
ADOPTED SEPTEMBER 17 2019
Thence leaving said parallel line
South 1840SS 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 line South.000952 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 .Condemnatio recorded October 6 1923 in Book 591 Page 223 of
Deeds
Thence along said northerly line North.712845 West a distance of 7924 feet to the POINT OF
BEGINNING.
CONTAINING 13508 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 lttt
Aylýdbymeorundermydirection.
0
eý
Bentar n Daniel Egan PLS 8756
Prepared September
13 2018 ý i7F BAýýtý
Page 2 of 2
EXH F Page 19
EXHIBIT G
E H.IBIT G EXH G Page 20
NLY SINE OF 801 ss0
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EXHIBIT B9 ý P T
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v 3 AP4 NO-0304101 /FATLY PROP t7
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C O REARING LENGTH
MIN
53
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401 at
2 INDo-v9 -5-2-W-346.00 r
t9SOýsý 21.00
5000952E 101.54-NE 1/4
5 S895008 W 16.00 ECTION 29
6 SO00952E 44.00 ttýý
2 7 N8950 0$E 19.00
1 E 8 SO 1952E 92-00
I 8 9 N8950.O8E 41.00 ýt0 r týs
77 10 S184O56E 31.49 LOCI nom MAP
3 ý.11 SOO0952E
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104.17 T Sc
w 53 12 N712045W 79.24
10 TEMPORARY
y tgt CONSTRUCTION
53 75 EASEMENT
---135081 SO FT.
EXCEPTIONS -CVWO ST
CIlEL R.O.W. PER a---au OF
11 C01 E1MlATION REC.1I/06/1923 0
IN BOOK 591 PAGE 223 OF DEEDS.
NORTHERLY LINE OF CVWD STORM CHANNEL.
SOOT LY LICE OF TNT NW 1/4 CF TEE
IýL LA
12
Nk D P.0.8.NW 1/4 OF 11-E NE 1J4 SEC 29-n
SHEET 1 OF 1
N 3.8756 EGAN CIVIL INC.
a A e DANrEi PLS X756 PO Box 5282.A 11HINU CA 9224$-5282PREPArRE105/13 2018 76x 404 7663 WWW RANXIVILCOM
EXH C Page 21.
EI.BIT H
E HIB.IT H ExH H Page 22
ECAIL QR PTION10 REAL PRgFERTY
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA
STATE OF CALIFORNIA COUNTY OF RIVERSIDE DESCRIBED AS FOLLOWS
Parcel 1
Beginning at a point 660 feet South of tie Northwest corner of the Northeast Quarter of
Section 2 To tnship 5 Stc th.f arrge Fýst S-in B r-rrarr ino Bas and Meridi n thence
South 663 feet thence Lest 660 f si to coi st 1ky2 t authi of the Northerly boundary
litre of said Section th in No1n 660
feet toa point 660 feet South of the said Nor merly
boundary line thence 660 feet West to the point of oe inning.Excepti g therefrom the
right of way of the io elta Valley Storm Water t tndt as cquir d by the District by
Decree of Condemnation recorded Octtear S.1.02 in 1 o 1x.3 Page 223 of Deeds in
the Office of the County Recorder of the County
of fiver fde State of California
Al C tin thererar -3 rrgrit Cif way for publichs i ay and p bli c ut i 1 pu pesos over
thr Westerly recta ý r 20 f etof d prceer.y as c n dyed t0 tie County of Rrr rsicle
hv ed recorded stay 24 1832 ifs Book 1221 Par.3-4 cf Official ReCoJs in he Office
04 county eccrdeer ofthc Cunt/of Rrvorsirc sate of California said.property is
also shown by map of Rcc orCl f Sir-v.v on file
ire.Boob r13 Page .1 Of Records ofSurvey
in the Offrc of ne o in.Fteaorcir ui alrt County In the Office Hof 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 a t eS o.stwest uarter dr e North Quarter oSection 29 Township
S _ff Rice I Last Sar Be r ardlne Ease and Meridian Jyirrq ýcrth of the Coactieita
alley .rrr 4 yr t lsutýt nett uf way containing five acres or less and described as
frlt is.
Beginning.1320 feet South of the Northwest corner of the West Quarter of the Northeast
Quarter of Section 29 Township 5 Sot h Rargr 7 San Bernard rý ray and
Mendian thence South.3 0 ee theticw f.ti feet East thence 330.feet Nortri c a point
1320 feet South of the North boundary of said Sector thence Nostý6$0 feo o h point
of beginning
EXIT H 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 551 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 0130 East 386.48 feet from the Northwest corner of said Section thence South
7125 East 314351 feet thence Easterly along a curve concave to the North to which
said last described line is tangent and having a radius of 266493 feet a distance of
1469.54 feet thence North 7818 East tangent to said curve 947.52
feet to a point in the
East line of said Section 29 thence South 6498 East along the East fine of said Section
40830 feet thence South 7818 West 85666 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 7125 West 3008.83 feet to a paint
in the West lire of said Section 29 thence North 40130 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
LXH H Page 24
EXHIBIT I
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EXHIBIT J
EXHIBIT J
EXH.J Page .2
RESOLUTION NO.2 018 -02.0
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 46.400 DUNE PALMS.ROAD.AND .APPROVIN
AND ADOPTING ARESOLUTION OF NECESSITY
WHEREAS the City of La Quinta .ha been investigating the acquisition of
portions of property located at..4640.Dune Palms Road.for the purposes of making
public roadway improvements pursuant to thercirculation element of the General Plan
of the City of La Quinta and
WHEREAS on May 1 2018 after no less than fiifteen 15 days written notice to
the owners of the.Property referenced above and more specifically described in the
legal descriptions attached hereto as ExhibitA.and g which legal descriptions 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 Citys
identification .o the Project as the Dune Palms Widening Project Project and on
the following matters
A.Whetherthe public interest and necessityrequire 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 2267.2 had been given to
the owners ofrecotdand
E Whether the City had properly exercised all.ofits 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 artheProject and
WHEREAS the Project for which thel Property to be acquired is sought has
previously been reviewed -under applicable environmental review procedures
including the Mitigated Negative Declaratio.n MNDj.EA 2016-009.approved on July
20 2016.in accordance with tlle Cp liforrii.a Enriiranmentgl Quality Act CEQA and
WHEREAS the City of La Quta is .authorized to acquire the Property under
authority of its own charter.and Government Code.0 37350.5 and 40404.
EXH.J Page .2
Resolution No.2018-020
Resolution of Necessity to.Acquire Portions of 46400 Dune.Palms Road for the Durne.P.plms Widening Project
Adopted May 1 2018
Page 2 of 4
HOW THEREFORE BE ITRESOLVElYby the City CounciL.of the City of La Quinta
California that the City Council does hereby .fin determine and declare upon
evidence presented to the-City
Council as.follows.
SECTION I..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 lone of travel in each direction
SECTION 2.The Property to be acquired is tp.cated.Within.the City at 46400 Dune
Palms Road.Assessor Parcel No.6O0-030-0.10.The.-Property interest theCity seeks to
consists of.
A permanent easement for street and public utility purposes over some
approximately 2610 square feet as more specifically described.in.Exhibit A
hereto.and in -Exhibit F hereto which easement shall consist
ofthe following
A perpetual exclusive easement for public right of way street .drainag
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 operatiort-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 si.gnage traffic cohtrol devices curbs
gutters sidewalks drainage acid sewage facilities and transportation facilities
such as bus bays benches bus or -train.slaps bicycle pathways or facilities for
railway -or other public transportation
vehiclesormunners of conveyance.
SECTION 3..The public.interest and necessity.require.the.Project in that the Citys
General Plan and specifically the Cir.culation Element calls for the improvement of
Dune Palms Road in the manner contempated bytfe Project.The Projectis designed
to relieve regional traffic congestion and improveth.ecapacity 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 .desig ofth e roadway widening must
of necessity occupy land which is immediately adjacent.to the existing roadway in
order to maintain the.continuity of the alignment df the road for all risers.The Project
is designed in a manner compatible with the .greates public good in that the Project
will involve road widening construction .o median istaiid 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
E.XH J Page 29
Resolution No.2018-020
Resolution of Necessiy to Acquire Portions of 46400 Dune Palms Roodforthe Dune PatmsWidening.Project
Adopted May.1 2018
Page 3of4
provide two.II foot travel tones in both direction$ci.12 foot.wide raised median an 8
foot bicyclelgolf 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 .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 propertysfrontage.including a new block wall new landscape
and irrigation relocation and.undergroundirig of-existing utilities and improved
driveway access.
SECTION 5..The.Property is necessary for that proposed project Ill hat the roadway
widening must of necessity occur on property immediately adjacent to the.existing
roadway.
SECTIOl.6 The offer required.by Government Code 7257.2 has been trade to the
record owners by way -of Letter dated December 131-2016.1n 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 anyof.the property to.betaken 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 12.40.516 and.12-40610
SECTION.8.The.Project has.been reviewed and approved under the Mitigated
Negative Declaration MVD-EA 2Q1.6-009 approved on July 10 .2Q16 The City
Council finds and determines that.since the time of the adoption of --that MND there
have been no subsequent.changes with .respec to.the circumstances under which the
Project is to be undertaken .n new nformatiionof 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 The law firm of Rutan Tucker .LL which serves.as the Office.ofthe City
Attorney for the City-oft La Quinta is.herebyauthor..ized 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-stepss andllor procedures are
EXH J Page 30
Rasotution No.2018.020
Resolution of necessity to Acquire Portions of 46400.Dune Palms Road for the Dune Palms Widening Project
Adopted May 1 2018
Page 4 of 4
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 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
campensicaotn as may be agreed to.
PASSED APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of May 2018 by the following vote
AYES Council Members Fitzpatrick Pefiaa Radi Sanchez Mayor Evans
NOES None
ASSENT None
ABSTAIN None
LINDA.VANS Mayor
City of La Quinta California
ATTEST
PAM NIETO Deputy City Clerk
City of La Quinta California
CITY SEAL
APPROVED AS TO FORM
1 tILLIAM H.IHRKE City Attorney
City of La Quinta California
EXH J Page 31
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASMENT
DUNE PALMS ROAD
APN 600-030-0i0 /CHIN FAMILY PROPERtIES UNITED PARTNERSHIP
That certain parcel of land located in the City of La Quints 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 Dec.2005-0972217 of Official Records of said County more
particularly described as follows
The Easterly 9.00 feet of the Westerly 53.00 feetof 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 2610 Square Feet more or less.
SUBJECT TO all Covenants Rights Rights-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 L LJlrtii
by me or under my direction.DA
Prepared
lDaniel Egan PLS 8.756
July 5 2016 gA1t
Page 1 of 1.
EXH J Page 32
EXHIBIT A _PLATýLLy-PUT1E ACCOMPANY LICK DI RIPTIOR FOR
A PEJUC AND UTUUTY ASEMFJ4T NE 1/4
NW1/4 NWt/4 NE1/4 SEC.29 TSS RTE OW SECTI N 29
APN
600-030-010a/PCHIAMLY
PROPERTIES
LOCA11ON MAP NI 1/4
MT 70-Ir E
xCT c 29
APAJ 600-030-0 19
VICINrlY MAP
I
-SLY LINE OF NLY 660
rays ýscýa.t
30.00 R /W PER DEED REC... 24 1933
IN BOOK 122 PAGE 74 OR.
o F GRANT DEED REC.7/1/1969
AS INST.66907 O.R.L 53O3
4400 9.00
r
I .-EASEMEN
2610 SQ.FT.
APN 600-030-010
GRANT DEED REC.11/23/2OO5 AS D.OC.2005-0435679
SOUTH 660 OF THE NORTH 1320 OF THE
WEST 660
OF TI-E OF THE NW 1 /4 OF THE I 1 /4
OF SEC.29 5S R7E SSM
50 25 0 50 100
1A.N
e-
.... _....fi SCALE 150
PREPARED 07/05/20 16 SHEET I OF 1
NýO 8755 ELAN A J E AN.1i
016
LANG PLANNING CIVIL E4GIýE E2I16 AND Sum NG
Q A ýQ C 1ýi I D EGA LATE fli.BOX 5282.LA CIIIINTA.6A 07248-5262
F L.S 8756 789 404-7663 VWW EG4NCI 1LtIM
Page 2 of 2EXUJPage33
Exhibit B
Mobile Home Description
General Description
Address 46400 Dune Palms La Quinta CA 92253
Unit Number 59
Home Owners Raquel Sandoval
Home Manufacturer/Model Fleetwood
Home Serial Numbers GAFL2BE13085206 UAFL2AEI30185206
Year Manufactured 84
Decal Number LAF7392
HUD Labetlfnsignia No.CAL279044 and CAL279043
Add On Square Footage N/A
Total Square Footage 1584 24 x 66
No.Bedrooms 4
No.Bathrooms 1 3%
Site Improvements Approximately 360 square feet of masonry
pavers approximately 400 square feet of stone
and pavers and miscellaneous other site
improvements.
EX.1 r Page 34
Exhibit B
Mobile Home Description
General Description
Address 464DO Dune
Palms La Quinta CA 92253
Unit Number 82
Home Owners Maria C.Marruffo
Home Manufacturer/Model Marlette Homes Inc.
Home Serial Number K12260CO220846
Year Manufactured 1972
Decal Number LAC8653
HUD LabellInsignia No.20846
Add On Square Footage
N/A
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
1 09 sf of 12 x
12 masonry pavers on north side of home..
EXH J .Pag 35
Exhibit W
Mobile Home Description
General Description
Address 46400 Dune Palms.La Quirita.GA 92253
Unit Number 83
Home Owners Jose Benavides
and Imelda Benavides
Home Manufacturer/Model Viking
Home Serial Numbers 61884X 61684U
Year Manufactured 74
Decal Number AAH4474
HUD Label/insignia No.139941 139942
Add On Square Footage N/A
Total Square Footage 1344 24 x 56
No.Bedrooms 3
No.Bathrooms 2
Site Improvements Mobile home manufactured by Viking 10 x 10
aluminum shed 4 and 6 height perimeter
fencing installed by home owner.Hardscaping
pavers of various shapes and sizes
Landscaping small shrubs and plants at front of
residence and miscellaneous other site
improvements
EXH J.Page 36
EXHIBIT K
EXHIBIT K EX K Page 37
RESOLUTION NO.2020 -033
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA CALIFORNIA AMENDING
RESOLUTION NO.2019-038 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 eminentdomain 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 June 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 .201 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 ofWayand
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
EKII K Page 38
Resolution No.2020-433
Dune Palms Bridge Project/Housing Project -Amendment to Resolution of Necessity No.2019-038
45400 Dune Palms Rd APN 600-030-010
Adopted September 15 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 Sites
owners have entered into an agreement for the City to acquire the remaining
fee interest of the owners property consisting of the Site owners 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 .2019-03 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 Californias 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 Citys Regional Housing
Needs Assessment tRHNA..The Citys 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 Citys
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 sections66300-66301anydemolition 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 K 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 Citys
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
EXI K Page 40
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 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 3040 square feet as more specifically
described in Exhibit 2hereto 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
13508 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
EXIT K 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 600-030-010
Adopted September 15 2020
Paae5of10
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.
EX.H K Page 42
Resotution 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 Citys 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 Citys 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
EX.H K 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 7 of 10
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 Citys uses to activities necessary or beneficial to project
construction.The Bridge Project provides streetscape upgrades along the
remaining propertys 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 K 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 15061b3 1.5301 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 K 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 condemnationandarrangingforthedepositorotherpaymentofjustcompensationasmay
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 followingvote
AYES Council Members Fitzpatrick Pena Radi Sanchez Mayor
Evans
NOES None
ABSENT None
ABSTAIN None
LINDA EVANS Mayor
City of La Quinta California
ATTEST
MONIKA RA EVA i Clerk
City of La Quinta lifornia
CITY SEAL
EMI K 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
WILLIAM H.IHRKE City Attorney
City of La Quinta California
EX.H K Page 47
RESOLUTION NO.2020-033
EXHIBIT 1
ADOPTED SEPTEMBER 15 2020
LEOAL DESCRIPTION OF REAL.PROPERTY
THAT CERTAIN
REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA
STATE OF CALIFORNIA COUNTY OF RIVERSIDE DESCRIBED AS FOLLOWS
Parcel 1.
Beginning at a point 660 feet South of the Northwest comer of the Northeast Quarter of
Section 29 Township 5 iuth Range 7 Last San Bernardino Base and Meridian thence
South 666 feet thence East 660 feettoa point 1320 f et-Soi h of the Northerly boundary
fine of said Section thence North 0 feet to.a point
660 feet South of the said Northerly
boundary line thence 660 feet West to the point
of beginning Excepting therefrom the
right of way of the Coachella Valley Storm Water District as acquired by the District by
Decree of Condemnaton recorded October6 1923 in Book_591 Page 223 of Deeds in
the Office of the County Recorder of the County of.Riverside State of California.
Also excepting therefrom aright of way for pudic highway aria public utility purposes over.
the Westerly rectangular
30 feet.of said property as nveyed to.the County of River ide
by deed %r corded May 24 1933 in Book 122 Page 374 of Official Records in the Office
of the county Recorder of the C runtwof Riversid State of California said property is
also shown by map of Record ofSurveyr on file in Book 3 Page 14 of Records of Survey
in the Office of the County Recorder of said County in the 64e 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 Sou thwest.Quarter of the Northeast Quarter of Section 29 Township
5 South Range 7 East San Bernardino Base and Meridian iyirg North of the Coachella
Valley Storm WaterDistrict 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 Tow ship 5 South.Range 7 East San ernard inc Base and
Meridian thence South.3 0 fee thence .6 feet East thence 330 feelNorth to.a point
1320 feet South-of the North boundary of saidSection thenceW st 666 feetto the.point
of beginning
EXH K Page 48
RESOLUTION NO.2020-033
EXHIBIT I
ADOPTED SEPTEMBER 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 0130 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 7618 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 7818 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 0013O 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 K Page 49
RESOLUTION NO.2020-033
EXHIBIT 2
ADOPTED SEPTEMBER 15 2020
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT -DUNE PALMS BRIDGE
f APN 600.030-010 J CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP
That certain parcel of land located in the City ofLa Quinta County of Riverside State of
California being a portion ofthat certain parcel of land described in a Quitclaim Deed recorded
November 23 2005 as Doc.t 2005.0972217 of Official Records of said County more
particularly described asfbllows
The Westerly 53.00 feet of the Southerly 660.00 feet of the Northerly 132D00 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-ofway 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 3040 Square Feet more or less.
SUBJECT TO all Covenants Rights Rights-of-Way
and Easements of record.
Graphically depicted an EXHIBIT B -PLAT attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
ti
fM 4
ggnBerrJar Daniel E PLS 8756
Prepared September 13 2018
Page 1 of 1 ýF CIiLlý4ý
EXIT K Page 50
RESOLUTION NO.2020-033
EXHIBIT 3
ADOPTED SEPTEMBER 15 2020
I 4LY LINE OF SLY 66Q FLAT
PLAT TD C UFA LIGA i CRiP1 OM FOR
A mm f AND tTltLtUY am
c WWI/4 HW1/4 KEI/4 MC.2a M.R7L WV
APB 3.O3041O /CHIP FAMILY MPEIMES
-EX PTION -1W7H 290.00 OF
flDCti PttttiEASiGP
EAST 9.00 OF WEST 53.00 --tie
OF SOUTH 660
EXCEPTION -30
30M0 6 _LR t E REC.5241933 G 1/4TIE 23
i.E00 122. FA.3374 Q.R.44
4 4C ý Vicirx1iTY CAF
1
_.....q
T DEll R C 7/11196.9
p
LL
AS MT 6907.9 O.R.1c
6
-
NE i44.OG 9.QIi 4 S_CTIt3N90ý-j Q2
LOCAMON MAP
WT Tia
EASEMENT
3040 SQ.tT.
EXCEPTION -CV1WD STORM CHANNEL R.O.W.
ER OE E.OF CUNDETION REC.
10/06/1923 IN 800K 591 PAGE 223 OF DEEDS.
NORTHRY LINE OF CVWD STORM CKAM I
SOUTI-.RLY LINE OF Ti-E iN 1/4 OF TF
1/4 O THERE 1/4 OF SEC.29
ý
SHEET I Of I
NO 85 EGAN CIVIL
a CAi
ý NuAtýlIN DANIEL EGAN PLS 8756
PREPARED 09/13/2018
EXIt K Page 51
RESOLUTION NO.2020-033
EXHIBIT 4
ADOPTED SEPTEMBER 15 2020
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT-
DUNE PALMS BRIDGE
APN E00-010-010 /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.4 2005-0972217 of Official Records of said County more
particularly described as follows
COMMENCING at the intersection of the westerly fine 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 Boofk 591 Page 22.3 of Deeds
Thence along said northerly fine South 712045 East a distance of 55.99 feet to a line parallel
with and 5300 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 000952 West a distance of 346.00 feet
Thence leaving said parallel line at right angles North 895008 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 000952 East a distance of 101.54 feet
Thence leaving said parallel line at right angles.South 895008 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 000952 East a distance of 44.00 feet
Thence leaving said parallel line at right angles North 895008 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 000952 East a distance of 92.00 feet
Thence leaving said parallelllne at right angles North 81St08 East a distance of 41.00 feet
Page 1 of 2
EXIT K Page 52
RESOLUTION NO.2020-033
EXHIBIT 4
ADOPTED SEPTEMBER 15 2020
Thence leaving said parallel line South 184058 East a distance of 31.49 feet to a line parallel
with and 128.03 feet easterly as measured at right angles from said westerly line of the
northeast quarter of Section 29
Thence along said parallel line South 00Q952 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 712045 Westa distance of 79.24 feet to the POINT OF
BEGINNING.
CONTAINING 13548 Square Feet more or less
SUBJECT TO all Covenants Rights.Rights-of-Way and Easement of record.
Graphically depicted on EXHIBIT 9--PLAT attached hereto and by this reference made a
part hereof.
This legal description was prepared -I .
by me or under my direction.q4tý dA
ýL p V4nDanlelEganpB7S6A
Prepared September 13 2018
Page 2 of 2
EXR K Page S3
RESOLUTION NO 2020-033
EXHIBIT 5
ADOPTED SEPTEMBER 15 2020
--N LY LINE OF S LY 6O PLAT
PEA FUM ROAD /ND UUT1UTY EAS 3tE14t
W1/4.it1/4 K1/4.SEG.20.R7E.O1CJPN0310/CH FAWLY PROPflfl
d1M1TE 1 PRf41 SHIP
OAQ
600ý 1W
53 21 a t it
5 -0
LINE TABLE
BEARING LENGTH V G33Nfl MAP
I S71 20 45E 55.99 m srx
i
5v I6 7 2 N000952W 346.00
sz n
3 W8950OSE 21.00
4 SCO0952 101.54 NE 1/43Ti 295589500837saXf.
6 S000952E 44.00
7 N8950.O$E 1
92..004BS000957-T.
$N89 50 08E 41.00 t gas
1 77 10 S 184058E 31 49 L.Q CAflOW MAP
11 S0009.52 104.17 r z SULE
3.21 712-77 N712045V 79.24 o
I TEMPORARYO
12
CONSTRUCTION
EASEMENT76
i3533ý .fit fT.ý--EAGEFTI0-CVWD STOW
Qfr Pa R.O.W.PER DECREE OF
GOM1EkfitATION REC.10/06/1923ca
IN BOOK 591 PAGE 223 t DEEDS.
NORTHERLY LIh OF CVD STORM C4-ý4t4iEL
i 2
SOUTF41RLY tlW OF T NW 1 /4 OF THE
L.LA
P.1/4 OF-M 1/A OF SEC.219DA
%W 1 OF I
N 8756 INEGANCIV
DANIf1 E trLS 8755oýcr
PREPARED M/13/2018
ti 8 LA IN t C
qi
t I3.4 4-7 YI BUA CHILL I
EXIT K Page 54
This must be in red to be a
CERTIFIED COPY
Each document to which this certificate
is attached
r T OFOOR
is certified to
be a full true
and correct copy of the u F EK p
original on file and of record in my office.JQý PZ
Superior Court of California
County of Riverside
DEPUTY oul ecS ýo \Qý
Dated
GýTY of RNEýy
Certification must be in red to be a
CERTIFIED COPY