CC Resolution 1999-121RESOLUTION NO. 99-121
THE CITY COUNCIL OF THE CITY OF LA QUINTA
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN
THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS
ASSESSOR'S PARCEL NOS. 649-100-008, 649-100-009
and 649-100-021, FOR THE PURPOSES OF WIDENING
AND IMPROVING JEFFERSON STREET
WHEREAS, the City of La Quinta has been investigating the acquisition of
various interests in property, including a permanent, perpetual easement in property
located in the City of La Quinta and identified as Assessor Parcel Nos. 649-100-008,
649-100-009 and 649-100-021, for the purposes of widening and improving the
roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of
approximately 3.5 miles, as part of the Jefferson Street Widening Project; and
WHEREAS, on September 7, 1999, after no less than 15 days written notice
to the record owner of the property referenced above and more specifically described
and depicted in the legal description and sketch attached hereto as Exhibits "A" and
"B,"respectively, which legal description and sketch are incorporated herein by
reference, the City Council of the City of La Quinta held a hearing for the purpose of
allowing the record owner 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
whether the City had properly exercised all of its statutory responsibilities and duties
antecedent to the exercise of eminent domain against the Property; and
Resolution 99-121
Jeff. St./TD Desert
Resolution of Necessity
Adopted: September 7, 1999
Page 2
WHEREAS, the City Council, as a result of such hearing, has determined that
the public health, safety, and welfare require that the City acquire various interests
in the Property more particularly described herein (the "Property"), for the purposes
of widening and improving Jefferson Street including, but not limited to, the addition
of up to two through travel lanes in each direction (to provide a maximum six -lane
facility) and the construction of raised landscaped medians; and
WHEREAS, the Project for which the Property to be acquired is sought has
previously been reviewed under applicable environmental review procedures, including
a Mitigated Negative Declaration of Environmental Impact for Environmental
Assessment 99-378, approved May 18, 1999 in which the City determined that, after
the implementation of identified mitigation measures, the Project created no
significant environmental impacts; and
WHEREAS, the City of La Quinta is authorized to acquire the Property under
authority of its own charter, and Government Code § § 37350.5 and 40404; and
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 acquisition of the Property is required
consists of the widening and improving of Jefferson Street between Avenue 54 and
Highway 1 1 1, including installation of raised landscaped medians.
Section 2: The property to be acquired is located within the City of La Quinta,
County of Riverside, State of California, and is located on Jefferson Street, and
otherwise identified as Assessor's Parcel No. 649-100-008, 649-100-009, 649-100-
021. The portions of Property the City seeks to acquire, and the Property interests
sought, consist of the following:
A. A perpetual, exclusive easement for public right of way and
roadway purposes, including all use of the Condemnation Parcel
for purposes incident to use of property for a public right of way,
including but not limited to the construction, maintenance, and
operation of a roadway, underground and above -ground utilities,
and appurtenances, cable, communication, or telecommunications
facilities, signage, traffic control devices, curbs, gutters,
Resolution 99-121
Jeff. St./TD Desert
Resolution of Necessity
Adopted: September 7, 1999
Page 3
sidewalks, and transportation facilities such as bus bays, benches,
or bus or train stops, over approximately 17,322 square feet of
the Property more specifically described and depicted in Exhibits
"A-1 " and "A-2" attached hereto.
B. A Temporary Construction Easement in and over approximately
53,979 square feet of the Property, more specifically described
and depicted in Exhibits "B-1 " and "B-2" hereto. 'The scope and
terms of the Temporary Construction Easement shall consist of the
interests described below:
A nonexclusive easement which permits the 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 "13-1 " ("Easement Area") as deemed reasonably necessary
for all purposes incidental to reconstructing and widening
Jefferson Street in accordance with the approved street
construction (the "Project"). The temporary construction
easement shall include the right to perform any necessary
excavation; grading; earth fill; compaction; installation of concrete
forms; landscaping; irrigation; utility; and sign relocation;
accommodation of private drainage facilities; and deposit of tools,
equipment and material for all such necessary activities which are
reasonably incidental to the work being performed on said property
in connection with the Project.
Such incidental activities shall include, but not be limited to,
adjusting grade differentials between the planned 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 to render the temporary
construction easement area or the larger parcel to which it pertains
in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and
connection of public right of way improvements to the larger
parcel.
Resolution 99-121
Jeff. St./TD Desert
Resolution of Necessity
Adopted: September 7, 1999
Page 4
The rights granted hereunder shall commence fourteen (14) days
after written notification to the property owner, and shall continue
in full force and effect until twelve (12) months after notice.
Upon termination of the temporary construction easement, the
Easement Area shall be restored to a condition that is functionally
equivalent as is practicable to its condition prior to the
commencement of the work.
Section 3: The public interest and necessity require the Project, in that the
City's General Plan, specifically the Circulation Element, calls for the widening and
improvement of Jefferson Street in the manner contemplated by the Project. In
addition, the Jefferson Street roadway widening is designed to widen the roadway
with the addition of up to two through travel lanes in each direction (to provide for
a maximum six -lane facility) and the construction of raised landscaped medians.
Section 4: The Project is located in a manner most compatible with the
greatest public good and least private injury, in that the design of the roadway
widening must of necessity occupy land which is immediately adjacent to the existing
roadway, in order to improve the continuity of the alignment of the road to improve
the traffic flow capacity along this segment of Jefferson Street. The project is
designed in a manner compatible with the greatest public good, in that the Project will
involve roadway widening and improvements which will allow for the addition of up
to two through travel lanes in each direction which will improve the levels of service
and associated idling, thereby, decreasing pollutant emissions and, with the
improvements in place, public services will be enhanced by improved police and fire
response times. The Project will result in the least private injury in that, where
possible consistent with safe roadway design restrictions, the property chosen for
potential acquisition was done so to minimize the number of property owners
affected, and to avoid impacts to existing residences.
Section 5: The Property to be acquired is necessary for the Project, in that the
contemplated roadway widening and improvement must occur on property
immediately adjacent to the existing roadway to insure the continuity of the roadway
alignment to accommodate increased traffic handling capacity of the roadway.
Section 6: The offer required by Government Code Section 7267.2 has been
made to the record owner on August 5, 1999. The City's acquisition agent has
attempted to negotiate with the record owner subsequent to this offer, but such
Resolution 99-121
Jeff. St./TD Desert
Resolution of Necessity
Adopted: September 7, 1999
Page 5
negotiations have not proved successful in securing the necessary property interests
outside of more formal proceedings.
Section 7: To the extent any of the property to be taken herein is devoted to
a public use, the City finds that the proposed use for the Project is compatible with,
or more necessary to, such public use, and that the City is authorized to acquire the
Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 8: The Project has been reviewed and approved under the California
Environmental Quality Act by way of approval of a Mitigated Negative Declaration of
Environmental Impact for Environmental Assessment 99-378, approved May 18,
1999, and the City Council finds and determines that since the time of that
certification 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 previous environmental impact reports,
such that no further environmental review attending this proposed acquisition is
necessary.
Section 9: The project has been reviewed and approved by the Planning
Commission, and is in conformance with the General Plan.
Section 10: The City Council hereby declares it is its intent to acquire a
permanent, perpetual easement in a portion of the above -referenced Property, as more
particularly described in Exhibit "A-1 " attached hereto and a temporary construction
easement in a portion of the above -referenced Property, as more particularly described
in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions
of the laws of the State of California.
Section 1 1: The law firm of Rutan & Tucker, LLP, City Attorney for the City of
La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute
in the name of the City such proceedings in the Court having proper jurisdiction
thereof, as may be necessary for the acquisition of the Property described herein, 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 for the City the
Property. Such attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of
Resolution 99-121
Jeff. St./TD Desert
Resolution of Necessity
Adopted: September 7, 1999
Page 6
of California, including, but not limited to, seeking orders for prejudgment possession
of the property.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 7th day of September, 1999, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN NA, a or
City of La Quinta, California
ATTEST:
;" r'/L�4A
AMNDRA L. JUHCWA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWE L, City Attorney
City of La Quinta, California
MMTBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY
(APN 649-100-008,009,021):
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THOSE PORTIONS OF PARCELS 17,18 AND 19 OF PARCEL MAP NO. 20469, AS
SHOWN BY MAP ON FILE IN BOOK 140, PAGES 95 THROUGH 100, INCLUSIVE, OF
PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE EAST HALF OF
SECTION 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE MOST SOUTHERLY LINE
OF THAT PARCEL CONVEYED TO THE CITY OF LA QUINTA BY DEED RECORDED
JULY 9, 1997 AS INSTRUMENT NO. 239998, O.R., AND THE MOST EASTERLY LINE
OF SAID PARCEL 18, SAID EASTERLY LINE BEING PARALLEL WITH AND 55.00
FEET WESTERLY OF THE EAST LINE OF SAID SECTION 32;
THENCE SOUTH 00002'49" EAST ALONG SAID EASTERLY LINE AND THE MOST
EASTERLY LINES SAID PARCELS 19 AND 17, A DISTANCE OF 2245.41 FEET TO
AN ANGLE POINT IN SAID EASTERLY LINE OF PARCEL 17;
THENCE SOUTH 00002'13" EAST ALONG LAST SAID EASTERLY LINE, A DISTANCE
OF 970.58 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 17;
THENCE NORTH 89024'21" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL
17, A DISTANCE OF 5.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL
WITH AND 5.00 FEET WESTERLY OF THE EASTERLY LINES OF SAID PARCELS
17,18 AND 19;
THENCE NORTH 00002'13" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF
970.60 FEET TO AN ANGLE POINT THEREIN;
THENCE NORTH 00002'49" WEST AND CONTINUING ALONG SAID PARALLEL LINE,
A DISTANCE OF 1821.91 FEET;
THENCE NORTH 00051'55" WEST, A DISTANCE OF 350.07 FEET TO A POINT ON A
LINE PARALLEL WITH AND 65.00 FEET WESTERLY OF SAID EAST LINE OF
SECTION 32;
THENCE NORTH 00002'49" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE
OF 73.39 FEET TO A POINT ON SAID SOUTHERLY LINE OF THAT PARCEL
CONVEYED TO THE CITY OF LA QUINTA BY INTRUMENT NO. 239998;
THENCE NORTH 89057'11" EAST, A DISTANCE OF 10.00 FEET TO TH POINT OF
BEGINNING.
COMPRISING 17,322 SQUARE FEET, MORE OR LESS. h4wV NFL
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SEC.32
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Robert Bein, William Frost and Associates
74-410 Highway 111
Palm Desert, CA 92260
August 9, 1999
JN 20-301477
Page 1 of 3
EXHIBIT "Bl"
Leal Description
Temporary 15' Construction Easement
APN 649-100-008, 009, 021
In the City of La Quinta, County of Riverside, State of California, those portions of Parcels 17,
18 and 19 of Parcel Map No. 20469, as shown by map on file in Book 140, Pages 95 through
100, inclusive, of Parcel Maps, Riverside County Records, being in the East half of Section 32,
Township 5 South, Range 7 East, S.B.M., more particularly described as follows:
Commencing at the most Southeasterly corner of Parcel 17 of said Parcel Map No. 20469;
thence North 89°24'21" West, along the South line of said Parcel 17, 5.00 feet to the true point
of beginning;
thence North 00°02'13" West, 970.60 feet;
North 00°02'49" West 1,821.91 feet;
thence North 00°51'55" West, 350.07 feet;
thence North 00°02'49" West, 73.39 feet to the Southerly line of that Parcel conveyed to the
City of La Quinta by deed recorded July 9,1997 as Instrument No. 239998, O.R.;
thence South 89°57'11" West, 3.00 feet;
thence North 00°02'49" West, 285.49 feet to the beginning of a tangent curve concave
southwesterly and having a radius of 68.00 feet;
thence along said curve northerly northwesterly 105.90 feet through a central angle of
89°13'35';
thence radially from said curve South 00°43'36" West 15.00 feet to a point on a non -tangent
curve concave southwesterly and having a radius of 53.00 feet, said curve being concentric with
and 15.00 feet southerly of last said curve, a radial line of said concentric curve from said point
bears South 00°43'36" West;
Legal Description
Temporary 15' Construction Easement
APN 649-100-008, 009 021
August 9,1999
JN 20-301477
Page 2 of 3
thence along said curve southeasterly southerly 82.54 feet through a central angle of 89°13'35';
thence non -tangent from said curve South 00°02'49" East 300.49 feet;
thence North 89'57'11" East, 3.00 feet;
thence South 00°02'49" East, 58.50 feet;
thence South 00°51'55" East, 350.07 feet;
thence South 00°0249" East, 1,821.80 feet;
thence South 00°02'13" East, 970.43 feet
thence South 89°24'21" East, 15.00 feet to the true point of beginning.
Containing 53,979 square feet, more or less.
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NO.
BEARING DISTANCE
L1
N89057'11"E 3.00'
L2
N00'02'49"W 285.49'
L3
N00'43'36"E 15.00'
15'--
L4
N00'02'49"W 300.49'
L5
N89'57'11"E 3.00'
I
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0.20469
S 00.02' 49' E
1821. 80' '
S 00.02' 13' E
970. 43' -
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(740) 319-7401 s FAX (790) 340.9315
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970. 58'
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970.601
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