CC Resolution 1996-024^J
RESOLUTION NO.96-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUISITION OF PROPERTY LOCATED
AT THE INTERSECTION OF HIGHWAY 111 AND
WASHINGTON STREET ASSESSOR PARCEL NO.604-050-
002) FOR THE PURPOSE OF WIDENING HIGHWAY 111
AND CONSTRUCTING DRAINAGE IMPROVEMENTS
WHEREAS, the City of La Quinta has been investigating the acquisition of
various interests in property, including fee interest, drainage easements, and
temporary construction easements on property located on the northwest corner of the
intersection of Highway 111 and Washington Street Assessor Parcel No. 604-050-
02), for the purposes of accommodating the widening of Highway 111 and for the
construction of various storm drain improvements Project"); and
WHEREAS, on April 2, 1996, after no less than fifteen 15) days written notice
to the owners of the property referenced above, and more specifically described in
the legal description attached hereto as Exhibit A, which is incorporated herein by
reference, the City Council of the City of La Quinta City Council") held a hearing for
the purpose of allowing the owners of the property a reasonable opportunity to
appear and be heard on the following matters:
a) Whether the public interest and necessity require the Project;
b) Whether the Project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
c) Whether the property proposed to be acquired is necessary for the
Project; and
d) Whether the offer required by Government Code Section 7267.2 had
been given; and
WHEREAS, the City Council, as a result of such hearing, has determined that
the public health, safety, and welfare require the City Council to acquire the interests
in real property more particularly described in Exhibit A attached hereto, for the
purposes of widening and improving State Highway 111, including constructing
various stormwater drainage improvements, and has met all other procedural
prerequisites for bringing an action in eminent domain to acquire the property; and
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Resolution No.96-24
Page 2
WHEREAS, the Project for which the property to be acquired is sought has
previously been reviewed under applicable environmental review procedures, and has
been the subject of a negative declaration approved April 1 7, 1 990, and modified on
May 1, 1 990, both of which found that the Project would not cause any significant
environmental impact on the environment;
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 property to be acquired is located within the City of La Quinta,
County of Riverside, State of California, and is located at the northwesterly corner of
the intersection of Highway 111 and Washington Street, and is more specifically
described in Exhibit A" hereto. The property interests to be acquired consist of the
following:
a) Fee simple title to approximately 30,1 39 square feet of frontage along
the property, as more specifically described in Exhibit A hereto;
b) A perpetual, non-exclusive easement to construct, operate, reconstruct,
install, replace, remove, repair, alter, maintain, inspect, and use an
underground pipeline and all related appurtenances for public pipeline
purposes for the underground conveyance of stormwater, and for
ingress and egress in connection with the exercise of any of the
foregoing purposes over, upon, across, and within approximately 9,476
square feet of the property, as more specifically described in Exhibit A
hereto, reserving in connection therewith the right to prohibit earthwork
or grading upon or within the easement area, and to prohibit the
construction, erection, placement, or maintaining of any and all buildings
or other permanent structures, fences, concrete, or trees without the
express written consent of the holder of the easement rights, which
consent shall not be unreasonably withheld, but reserving all surface
rights which do not unreasonably interfere with or prohibit the use and
enjoyment of the holder of the easement or frustrate the purposes for
which the easement has been acquired; and
c) A temporary construction easement to perform all work incidental to the
improvement and widening of the adjoining and adjacent public
highways and installation of an underground pipeline in accordance with
engineered and approved construction plan, which work shall include,
but not be limited to, all necessary equipment operation, grading,
excavation, stockpiling of materials, earth backfill and compaction
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Resolution No.96-24
Page 3
operations, and the temporary deposit of equipment, materials and tools
over, upon and across approximately 32,689 square feet of the parcel,
the time period of the temporary construction easement to run from the
date the City gives written notice to the owner of the property, and to
continue until such time as the City files a Notice of Completion" of the
work, but for a period not to exceed 365 days total.
Section 2: The public interest and necessity require the Project for which the
property is sought, to wit: the City's General Plan, and specifically the circulation
element, calls for the expansion of Highway 111 in the manner contemplated by the
Project. Construction of the project is therefore necessary to maintain consistency
with the City's General Plan. In addition, the Project is required as part of the
mitigation measures previously approved for the Specific Plan 89-014 and Plot Plan
90-434, otherwise known as One Eleven La Quinta Center. The drainage
improvements portion of the Project address current localized flooding at the
intersection of Washington Street and Highway 111, and portions of Washington
Street, and will serve to enhance the efficiency of the City's current stormwater
drainage system.
Section 3: The Project is located in a manner most compatible with the greatest
public good and the least private injury, to wit: the property is currently vacant and
acquisition will not displace any person or business. The property is located
immediately adjacent to State Highway 111, and any expansion of State Highway
111 must, of necessity, occur on property which is adjacent to the existing roadway.
In addition, the property's location in the watershed and its relation to the City's
current stormwater drainage system, requires that the property accommodate various
upstream flows and convey them to the larger, previously existing CVWD storm
channel. Moreover, all property interests to be taken are adjacent to existing
roadways, and do not change the basic shape of the property, nor impact its
developability under current General Plan and zoning constraints.
Section 4: The property to be acquired is necessary for the Project, to wit:
immediately adjacent to State Highway 111 is required for incorporation of the
roadway expansion to accommodate a continuous roadway expansion project, and
to allow for continuing expanded lanes without hazardous changes in alignment. The
drainage easement is necessary for an underground pipeline which will connect
upstream drainage areas to the currently existing CVWD storm drain channel, and is
required to be in this location because of the area's drainage patterns. Government
Code Section 40404 authorizes the City to exercise eminent domain to acquire the
property for the purposes of the Project.
SectionS: The acquisition of this property was submitted to and favorably
reported upon to the City Council by the City of La Quinta Planning Commission as
being in conformity with the City's Adopted General Plan pursuant to Government
Code Section 65402. Such findings were made by the Planning Commission on
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Resolution No.96-24
Page 4
March 12, 1996.
Section 6: The offer required by Government Code Section 7267.2 has been
made to the owner of record of the property to be acquired, by letter dated February
7, 1996. An additional letter was sent on February 27, 1996, and members of City
staff have had at least one personal meeting with the property owner since that date.
These efforts to reach a negotiated acquisition for the property have not proved
successful.
Section 7: The Project for which the property is sought has been reviewed
under applicable environmental regulations, and has been determined not to cause
significant adverse environmental impacts, and evidenced by the negative declaration
for Specific Plan 89-014, Plot Plan 90-434, and Parcel Map 25865 Environmental
Assessment 89-150). The City Council finds no conditions or circumstances exist
with respect to the Project which have not been adequately analyzed as indicated in
that Environmental Assessment.
Section 8: The City Council hereby declares its intention to acquire the property
in the City's name in accordance with the provisions of the Eminent Domain Laws of
the State of California, Section 9.
Section 9: The law firm of Rutan & Tucker is hereby authorized to and directed
to prepare, institute, and prosecute in the City's name and eminent domain
proceedings, in the proper court having jurisdiction thereof, as may be necessary for
the acquisition of the property. Said counsel is also authorized and directed to obtain
any necessary order of the Court granting the City the right of immediate possession
and occupancy of the property.
Passed, Approved and Adopted this 2nd day of April, 1 996 by the following
vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSTAIN: None
ABSENT: None
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Resolution No.96-24
Page 5
GLENDA HOLT, Mayor
City of La Quinta, California
ATTEST:
AUNDRA L. JU LA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
F
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EXHIBIT A
F
Parcel No.15787-i.
APN 604-050-002 Porticn*
FEE SIMPLE TITLE to the real property in the City of La Quinta, County of
Riverside, State of California, described as follows:
That portion of the Southwest one-quarter SW'A) of Section 19, Township 5
South, Range 7 East, S.B.M., described as follows:
Beginning at a point in the curved northerly and northeasterly line of State
Highway 111, as established in PARCEL 3 in the deed in favor of the State of
California recorded October 9, 1967, as Instrument No.88599, in the Office of
the County Recorder of said County, said point being the southeast corner of
Parcel 1 of Parcel Map No.22596, as shown on map thereof on file in Book 160,
pages 87 and 88, of Parcel Maps, Records of said County Recorder, and said
curved northerly and. northeasterly line being a curve concave southwesterly and
having a radius of 2,549.18feet;
Thence easterly and southeasterly along said curved northerly and northeasterly
line of State Highway 111 the following three 3) courses:
1 easterly and southeasterly along the arc of said curve, from a radial line
bearing North 16*39'33" East, through a central angle of 12o21*57* a
distance of 550.17 feet to the beginning of a non-compound curve concave
southwesterly and having a radius of 2,430.00 feet;
2) Course A, southeasterly along the arc of last said curve, from an initial
radial line bearing North 28013130u East, through a central angle of
O2*1S'3S'*, a distance of 95.83 feet to the beginning of a reverse curve
concave northwesterly and having a radius of 30.00 feet;
3) southeasterly, easterly, northeasterly, and northerly along the arc of said
reverse curve, through a central angle of 1 2Oo47*01*, a distance of 63.24
feet to a point of tangency in the westerly line of Washington Street 80
feet wide) conveyed to the County of Riverside by deed recorded March 16,
1948, in Book 899, page 200, of Official Records of said County Recorder;
Thence North 00o17*55* West along said westerly line of Washington Street a
distance of 107.54 feet to the southeast corner of the 15-foot wide strip of land
described as Parcel 1 in the deed in favor of the County of Riverside recorded
September 16, 1975, as Instrument No. 113199, in the Office of said County
Recorder;
Thence South 89o42*05* West along the southerly line of last said Parcel 1 a
distance of 1 5.00 feet to the southwest corner thereof in a line parallel with and
distant 55 feet westerly, measured at right angles, from the centerline of
Washington Street as described in said deed recorded in Book 899, page 200;
Thence South 00o17*55" West along said parallel line a distance of 49.54 feet to
the beginning of a tangent curve concave northwesterly having a radius of 25.00
feet;
EXHIBIT A
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EXHIBIT A
Thence southerly, southwesterly, westerly, and northwesteriy along the arc of last
said curve, through a central angle of 1 19*54'28", a distance of 52*32 feet to the
beginning of a reverse curve concave southwesterly, having a radius of 2,480.00
feet, and being concentric with said curve hereinabove described as Course A";
Thence northwesterly along the arc of said reverse curve, through a central angle
of 04*06'21", a distance of 177.72 feet to the beginning of a compound curve
concave southwesterly and having a radius of 1,632.00 feet;
Thence northwesterly and westerly along the arc of said compound curve, through
a central angle of 15*41'49", a distance of 447.11 feet to the easterly line of said
Parcel 1 of Parcel Map No.22596;
Thence South 00o19*30* East along said easterly line a distance of 19.30 feet to
the point of beginning.
Containing 30,139 square feet, more or less.
Parcel No. 1*787-1 PEI
APN 604-050.002-Partion*
A PERPETUAL, NON-EXCLUSIVE EASEMENT to construct; operate, reconstruct,
install, replace, remove, repair, alter, maintain, inspect, and use an underground
pipeline and all related appurtenances for public pipeline purposes for the
underground conveyance of storm water, and for ingress and egress in connection
with the exercise of any of the foregoing purposes over1 upon, across, and within
the real property in the City of La Quinta, County of Riverside, State of California,
described as follows:
That portion of the Southwest one-quarter SWY*) of Section 19, Township 5
South, Range 7 East, S.B.M;, described as follows:
Commencing at the intersection of the curved, 2,000.00-foot radius, southerly line
of the 500-foot wide easement described in the easement deed in favor of
Coachella Valley County Water District recorded December 31, 1963, in Book
3571, page 67. of Official Records of said County, with the westerly line of
Washington Street, said westerly line of Washington Street being the westerly line
of Parcel 1 described in the deed recorded September 16, 1975, as Instrument Na.
113199, in the Office of the County Recorder of said County, said intersection
being also the northwest corner of said Parcel 1;
Thence South 00*17'55" East along said westerly line of Washington Street a
distance of 87.78 feet to the TRUE POINT OF BEGINNING;
Thence continuing South 0O*l7'SS.. East along said westerly line of Washington
Street a distance of 418.14 feet to a non-tangent point of cusp at the beginning of
non-tangent curve concave westerly and having a radius of 487.55 feet;
EXHIBIT A
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EXHIBIT A
F
Thence northerly along the arc of said non-tangent curve, from an initial radial line
bearing North 77*45'S2** East, through a central angle of 01039*15", a distance
of 14.07 feet to the beginning of a reverse curve concave easterly and having a
radius of 512.45 feet;
Thence northerly along the arc of said reverse curve, through a central angle of
13*35'27", a distance of 121.56 feet to a point distant 17.46 feet westerly,
measured at right angles, from said westerly line of Washington Street;
Thence North 00*17'55" West, parallel with said westerly line, a distance of
240.23 feet to the beginning of a tangent curve concave southwesterly and
having a radius of 107.55 feet;
Thence, Course A, northerly and northwesterly along the arc of last said curve,
through a central angle of 35o28t28*, a distance of 66.59 feet to the beginning of
a reverse curve concave northeasterly and having a radius of 132.45 feet;
Thence, Course B, northwesterly and northerly alQng the arc of said reverse curve,
through a central angle of 41037142w, a distance of 96.23 feet to a non-tangent
point of cusp in said curved southerly line of the 500-foot wide easement
described in the easement deed in favor of CQachella Valley County Water District,
said curved southerly line being a curve concave southerly and having a radius of
2,000.00 feet;
Thence easterly along the arc of last said curve, from a radial line bearing North
18*28*26" East, through a central angle of 00044112", a distance of 25.71 feet
to the beginning of a non-compound curve concave northeasterly, having a radius
of 107.55 feet, and being concentric with the curve hereinabove described as
*1Course B11;
Thence southerly and southeasterly along the arc of last said curve, through a
central angle of 38*32'54", a distance of 72.36 feet to the beginning of a reverse
curve concave southwesterly, having a radius of 132.45 feet, and being
concentric with the curve hereinabove described as Course A";
Thence southeasterly along the arc of last said curve, through a central angle of
1 6033158'*, a distance of 38.30 feet to the true point of beginning.
Containing 9,476 square feet, more or less.
TOGETHER WITH the right to prohibit earthwork or grading upon or within the
easement area and to prohibit the construction, erection, placing, maintaining of
any and all buildings, other permanent structures, fences, concrete, or trees
without the express written consent of the holder of the easement rights described
above, which written consent shall not be unreasonably withheld.
EXCEPTING AND RESERVING all surface rights which will not unreasonably
interfere with or prohibit the use and enjoyment by the holder of the easement
rights described above.
EXHIBJT A
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Parcel No.15787-2 TEJ
APN 604-050-002 Portion*
A TEMPORARY EASEMENT to perform all work incidental to the improvement and
widening of the ad]oining and adjacent public highways and the installation of an
underground stormwater pipeline within the adjoining permanent easement for said
underground pipeline in accordance with engineered and approved construction
plans, which work shall include, but not necessarily be limited to, all necessary
equipment operation, grading, excavation, stockpiling of materials, earth backfill
and compaction operations, and the temporary deposit of equipment, materials,
and tools, over, upon, across, and within the real property in the City of La
Quinta, County of Riverside, State of California,described as follows:
Parcel 1
That portion of the Southwest one-quarter SWY4) of Section 19, Township 5
South, Range 7 East, S.B.M., described as follows:
Commencing at the intersection of the curved southerly line of the 500-foot wide
easement described in the easement deed in favor of Coachella Valley County
Water District recorded December 31, 1963, in Book 3571, page 67, of Official
Records of said County, with the westerly line of Washington Street, said curved
southerly line being concave southerly and having a radius of 2,000.00 feet, and
said westerly line of Washington Street being the westerly line of Parcel 1
described in the deed recorded September 16, 1975, as Instrument No.113199 in
the Office of the County Recorder of said County, and said intersection being also
the northwest corner of said Parcel 1;
Thence westerly along the arc of said curve, from a radial line bearing North
2Oc20*16" East, through a central angle of O1*51'50", a distance of 65.06 feet
to a point of cusp at the beginning of a non-compound curve concave
northeasterly and having a radius of 132.45 feet, said beginning point being the
TRUE POINT OF BEGINNING;
Thence, Course A, southerly and southeasterly along the arc of said non-
compound curve, from an initial radial line bearing North 84o08*42* West, through
a central angle of 4103794211 a distance of 96.23 feet to the beginning of a
reverse curve concave southwesterly and having a radius of 107.55 feet;
Thence, Course IB, southeasterly and southerly along the arc of said reverse curve,
through a central angle of 35*28'28", a distance of 66.59 feet to a point distant
1 7.46 feet westerly, measured at right angles, from said westerly line of
Washington Street;
Thence South OO*l7'SS" East, parallel with said westerly line, a distance of
240.23 feet to the beginning of a tangent curve concave easterly and having a
radius of 512.45 feet;
Thence, Course C, southerly along the arc of last said curve, through a central
angle of l3*35'27", a distance of 121.56 feet to the beginning of a reverse curve
concave westerly and having a radius of 487.55 feet;
EXHIBIT A
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EXHIBIT A
Thence, Course D, southerly along the arc of said reverse curve, through a central
angle of 01*39'33", a distance of 14.07 feet to a point of non-tangency in said
westerly line of Washington Street;
Thence South 00*17'55" East along said westerly line of Washington Street a
distance of 1 6.35 feet to the southwest corner of the 1 5-foot wide strip of land
described as Parcel 1 in said deed in favor of the County of Riverside recorded
September 16, 1975;
Thence continuing South 00017'55" West along the southerly prolongation of said
westerly line of Washington Street a distance of 49.54 feet to the beginning of a
tangent curve concave northwesterly and having a radius of 25.00 feet;
Thence southerly, southwesterly, westerly, and northwesterly along the
arc of last said curve, through a central angle of ll9*S4'28", a distance of 52.32
feet to the beginning of a reverse curve concave southwesterly and having a
radius of 2,480.00 feet;
Thence, Course E, northwesterly along the arc of said reverse curve, through a
central angle of O4*O6'2l", a distance of 177.72 feet to the beginning of a
compound curve concave southwesterly and having a radius of 1,632.00 feet;
Thence, Course F, northwesterly and westerly along the arc of said compound
curve, through a central angle of 15*41'49", a distance of 447.11 feet to the
easterly line of Parcel 1 of Parcel Map No.22596, as shown on map thereof on
file in Book 1 60, pages 87 and 88, of Parcel Maps, Records of said County
Recorder;
Thence North 00019'30" West along said easterly line a distance of 10.16 feet to
the beginning of a non-tangent curve concave southwesterly, having a radius of
1,642.00 feet, and being concentric with said curve hereinabove described as
Course F";
Thence easterly and southeasterly along the arc of last said curve, through a
central angle of 15045'33", a distance of 451.63 feet to the beginning of a
compound curve concave southwesterly, having a radius of 2,490.00 feet, and
being concentric with said curve hereinabove described as Course E";
Thence southeasterly along the arc of last said compound curve, through a central
angle of 04*06'21", a distance of 178.44 feet;
Thence North 69a55'05" East, a distance of 22.88 feet to the beginning of a non-
tangent curve concave westerly, having a radius of 467.00 feet, and being
concentric with said curve hereinabove described as Course 0";
Thence northerly along the arc of last said curve, from an initial radial line bearing
North 85*03'21" East, through a central angle of 09*56'43", a distance of 81.06
feet to the beginning of a reverse curve concave easterly, having a radius of
533.00 feet, and being concentric with said curve hereinabove described as
Course C";
EXHIBIT A
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EXHIBIT A
Thence northerly along the arc of last said reverse curve, through a central angle
of 13*35'27", a distance of 126.43 feet to a point distant 38.01 feet westerly,
measured at right angles, from said westerly line of Washington Street;
Thence North 00*17'55" West, parallel with said westerly line of Washington
Street, a distance of 240.23 feet to the beginning of a tangent curve concave
southwesterly, having a radius of 87.00 feet, and being concentric with said curve
hereinabove described as Course B";
Thence northerly and northwesterly along the arc of last said curve, through a
central angle of 3S*28'2B", a distance of 53.87 feet to the beginning of a reverse
curve concave northeasterly, having a radius of 153.00 feet, and being concentric
with said curve hereinabove described as Course A";
Thence northwesterly and northerly along the arc of last said reverse curve,
through a central angle of 43018'13", a distance of 115.64 feet to a non-tangent
point of cusp in said curved southerly line of the 500-foot wide easement
described in the easement deed in favor of Coachella Valley County Water District,
said curved southerly line being a curve concave southerly and having a radius of
2,000.00 feet;
Thence easterly along the arc of last said curve, from a radial line bearing North
17*52'24" East, through a central angle of 00036'02", a distance of 20.97 feet
to the true point of beginning.
Containing 30,554 square feet, more or less.
Parcel 2
That portion of the Southwest one-quarter 5W) of Section 19, Township 5
South, Range 7 East, S.B.M., described as follows:
Beginning at the intersection of the curved southerly line of the 500-foot wide
easement described in the easement deed in favor of Coachella Valley County
Water District recorded December 31, 1963, in Book 3571, page 67, of Official
Records of said County, with the westerly line of Washington Street, said curved
southerly line being concave southerly and having a radius of 2,000.00 feet, and
said westerly line of Washington Street being the westerly line of Parcel 1
described in the deed recorded September 16,1975, as Instrument No.113199 in
the Office of the County Recorder of said County, and said intersection being also
the northwest cQrner of said Parcel 1;
Thence westerly along the arc of said curve, from a radial line bearing North
20*20'16" East, through a central angle of 01007'38", a distance of 39.35 feet
to a point of cusp at the beginning of a non-compound curve concave
no**heasterly and having a radius of 107.55 feet;
EXHI51T A
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F
Thence southerly and southeasterly along the arc of said non-compound curve,
from an initial radial line bearing North 87o13t3O* West, through a central angle of
38a32*54", a distance of 73.36 feet to the beginning of a reverse curve concave
southwesterly and having a radius of 132.45 feet;
Thence southeasterly and southerly along the arc of said reverse curve, through a
central angle of 16o1O*42" a distance of 3740 feet to a point of non-tangency in
said westerly line of Washington Street;
Thence North 00*17'55" West along said westerly line a distance of 87.78 feet to
the point of beginning.
Containing 2,135 square feet, more or less.
Said temporary easement rights shall expire and terminate upon the filing by the
holder of the easement of a formal Notice of Completion of the public highway
pipeline construction work accommodated by this temporary easement. The total
aggregate period of actual physical occupancy of said temporary easement area by
the easement holder is estimated to be ninety 90) days.
EXHIBIT A
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BIB]
08-21-1998-U01
09:32:26AM-U01
ADMIN-U01
CCRES-U02
96-U02
24-U02