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CC Resolution 2017-042RESOLUTION NO. 2017 - 042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE QUINTA HOUSING AUTHORITY FOR A PERMANENT ROADWAY AND PUBLIC UTILITIES EASEMENT ON DUNE PALMS ROAD SOUTH OF WESTWARD HO DRIVE WHEREAS, the City of La Quinta is a municipal corporation and charter city under the Constitution of the State of California ("City"); and WHEREAS, the La Quinta Housing Authority (the "Authority") is a public body, corporate and politic, organized and existing under the California Housing Authorities Law (California Health and Safety Code Section 34200 et seq.); and WHEREAS, pursuant to California Health and Safety Code Section 34315, the Authority has the power to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest in it; and WHEREAS, the Authority acquired Property in 2007 on Dune Palms Road south of Westward Ho Drive, APN 600-030-004, 020, and 021, described in the Grant of Easement and Agreement attached to the Purchase and Sale Agreement that is the subject of this Resolution and incorporated by this reference (the "Property"), which the City has negotiated to purchase for $93,800 a permanent roadway and utilities easement (the "Easement Area") for future road widening associated with the Dune Palms Road Widening Capital Improvement Project and roadway and utility uses; and WHEREAS, there is an appraisal of the current fair market value of comparable properties indicating that the purchase price of the permanent easement reflects the current fair market value thereof; and WHEREAS, the City of La Quinta Housing Commission reviewed and recommended the sale of the permanent easements and the actions to implement the sale on July 12, 2017; and WHEREAS, the Authority would accept the purchase price from the City and add it to the unreserved Housing Authority Project Area fund balance; and WHEREAS, the City now desires to authorize the City Manager to purchase the Property for $93,800; and Resolution No. 2017-042 Purchase and Sale Agreement - Dune Palms Easements Adopted: August 1, 2017 Page 2 of 3 WHEREAS, the purchase and sale of the Property is subject to a Purchase and Sale Agreement, attached to the staff report for this Resolution, and on file with the City Clerk's Office, and incorporated herein by reference; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "State CEQA Guidelines"), and the City's environmental guidelines; and WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the transfer of the Property is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing roadway and public utilities easement involving no expansion of use and is therefore exempt from environmental review, and any future improvements to the roadway will require separate environmental review; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the Purchase and Sale Agreement, attached to the staff report for this Resolution and on file with the City Clerk's Office. The City Council consents to the City Manager and City Attorney's Office making any final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement and accept the property and record a Grant Deed on behalf of the City. SECTION 3. The City Manager is authorized to effectuate the conveyances described in Section 2, at such time as the conveyances is effectuated, and to take such other and further actions, and execute such other and further documents, as are necessary and proper in order to implement this Resolution on behalf of the City. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 1st day of August, 2017, by the following vote: Resolution No. 2017-042 Purchase and Sale Agreement - Dune Palms Easements Adopted: August 1, 2017 Page 3 of 3 AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City C erk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California