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CC Resolution 1998-077^ T* RESOLUTION NO.98-77 RESOLUTION OF THE CITY COUNCIL OF LA QUINTA AUTHORIZING THE FILING OF AN APPLICATION FOR STREET RIGHT OF WAY ACROSS FEDERAL LAND THAT IS ADMINISTRATIVELY MANAGED BY THE BUREAU OF RECLAMATION. WHEREAS, the General Plan for the City of La Quinta identifies Madison Street as a Primary Arterial Street requiring a 110-foot wide right of way, and WHEREAS, the City desires to proceed with activities that lead to construction of new street improvements in the Madison Street alignment; and WHEREAS, a portion of the Madison Street alignment crosses land owned by the United States Government that is administratively managed by the Bureau of Reclamation, and WHEREAS, acquisition of right of way across Federal land is subject to securing approval of the federal agency that administratively manages the land in question; and WHEREAS, commencement of right of way acquisition activities involving Federal land is initiated by filing an application along with requisite supporting documentation to the appropriate federal agency. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. Chris A. Vogt, the Public Works Director of the City of La Quinta, is authorized to submit an application for right of way to the Bureau of Reclamation. Section 2. Mr. Vogt is authorized to administratively handle the filing of said application and supporting documentation through the Keith Companies which is the consultant retained at the expense of the Travertine developer. Section 3. Prior to submitting the right of way application to the Bureau of Reclamation, the developer shall enter into an agreement to cover all costs associated with the right of way acquisition, including City staff time. Section 4. Prior to submitting the right of way application to the Bureau of Reclamation, the developer shall agree to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's effort to acquire right of way from the Bureau of Reclamation; and, the City of La Quinta shall have sole discretion in selecting its defense counsel. BIB] 09-25-1998-U01 10:33:27AM-U01 ADMIN-U01 CCRES-U02 98-U02 77-U02 ^ TResolution No.96-77 Adopted: 7/20196 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of July, 1 998, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None City of La Quinta, California ATTEST: City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, &y Attorney City of La Quinta, California BIB] 09-25-1998-U01 10:33:27AM-U01 ADMIN-U01 CCRES-U02 98-U02 77-U02