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CC Resolution 2003-014RESOLUTION NO. 2003-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS PORTIONS OF ASSESSOR PARCEL NO. 649-020-006, FOR THE PURPOSES OF ROADWAY IMPROVEMENTS TO LA QUINTA DRIVE WHEREAS, the City of La Quinta has been investigating potential acquisition of various interests in certain property located within the City of La Quinta, north of Highway 1 1 1, east of Adams Street, including a fee simple interest over and in approximately 16,469 square feet of land located within Assessor Parcel No. 649-020- 006, and more specifically described in the legal description and depicted in the maps attached hereto as Exhibits A and B, both of which are incorporated herein by reference ("the Property"); and WHEREAS, the City has been investigating potential acquisition of this Property for incorporation into a roadway improvement project, specifically the La Quinta Drive Extension Project, a project which proposes to extend La Quinta Drive from its present terminus at Highway 1 1 1 northward ("Project"); and WHEREAS, on February 18, 2003, after no less than 15 days written notice to the record owners of the Property as shown on the title information obtained by the City, the City Council of the City of La Quinta held a hearing for the purpose of considering, and allowing the record owners of the Property a reasonable opportunity to appear and be heard on, all of the following matters: A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner that 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 § 7267.2 has been made; and E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the legal exercise of eminent domain against the Property; and WHEREAS, the City Council has received various factual information bearing upon each of the matters referenced above, including but not limited to, the representations made within, and evidence attached to, the staff report prepared by staff for consideration in connection with the hearing; and Resolution No. 2003-014 La Quinta Drive Extension Adopted: February 18, 2003 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 fee interest in the Property more particularly described in Exhibits A and B hereto, and incorporated herein by reference, for the purposes of extending La Quinta Drive; and WHEREAS, the Project for which the Property to be acquired is sought has been determined on the basis of substantial evidence to be exempt from review under the California Environmental Quality Act under Title 14, California Code of Regulations, Sections 15301 and 15332; and WHEREAS, the City of La Quinta is authorized to acquire the Property for street improvement purposes under the authority of its own charter, and under the authority granted by Government Code Sections 37350.5 and 40404. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The Project for which the acquisition of the Property is required is the La Quinta Drive Extension Project, which consists of an extension of La Quinta Drive from its present terminus at its intersection with State Highway 1 1 1 northward. 2. The Property to be acquired is located within the City of La Quinta, County of Riverside, State of California, located generally on the north side of State Highway 1 1 1 east of Adams Street, and consists of a portion of Assessor Parcel No. 649-020-006. The Property consists of approximately 16,469 square feet of land, more specifically described in the legal description attached hereto as Exhibit A, and in the map attached hereto as Exhibit B. 3. The public interest and necessity require the Project, in that it is consistent with the City's General Plan, and specifically the City's Circulation Element, as found by the City's Planning Commission on January 28, 2003. Traffic analyses undertaken by RBF Consultants for the City indicate that a four -leg intersection at La Quinta Drive and Highway 1 1 1 will best serve traffic safety and circulation concerns, since it will allow for signalized full turn movements. The extension of La Quinta Drive will permit vehicle stacking off of Highway 111 to allow safe, efficient vehicle movement to and from the businesses and properties north of Highway 1 1 1, thereby reducing traffic conflicts and delays, as well as the related safety concerns on Highway 1 1 1. Resolution No. 2003-014 La Quinta Drive Extension Adopted: February 18, 2003 Page 3 4. The Project is located in a manner most compatible with the greatest public good and the least private injury, in that the design of the roadway extension must, of necessity, occupy land which is in alignment with the existing roadway, in order to maintain the continuity of the alignment of the road and improve traffic flow on it. The Project has been designed to situate the roadway in such a manner as to preserve safe traffic movements on La Quinta Drive across Highway 1 1 1 without unsafe turning movements, and consistent with appropriate lines of sight for roadway design. The City's traffic consultants have indicated that a fully signalized four -leg intersection of La Quinta Drive and Highway 1 1 1 will benefit traffic flow in the area, by reducing and/or eliminating vehicle stacking on heavily traveled portions of Highway 1 1 1. The proposed Project will result in the least private injury because it is aligned with the prior dedications of traffic easements for the existing intersection improvements. The Property to be acquired is not improved with any structures, and as such, acquisition of this Property, and extension of La Quinta Drive on it, will not result in displacement of any residence or business. In addition, construction of the roadway extension will serve property both to the west and to the east, and may result in benefits to the owners of the subject Property. 5. The Property to be acquired is necessary for the Project, in that the contemplated roadway extension must occur on property within a reasonable alignment to the existing roadway to assure continuity of the roadway, and to accommodate safe traffic movements at the intersection of La Quinta Drive and Highway 1 1 1. In addition, the property to be acquired is within existing alignments of curb return improvements already constructed on Highway 1 1 1. 6. The offer required by Government Code Section 7267.2 has been made to the owner of record, by way of a letter dated January 14, 2003, which was supplemented on January 27, 2003. City staff has attempted to negotiate with the record owners and their representatives subsequent to the issuance of this offer, but the negotiations have not proved successful in securing the necessary property interests. 7. Notice of the resolution of necessity hearing was provided to the owners of record by way of mailed, written notice sent on January 30, 2003. 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 Property 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 Section 1240.510 and 1240.610. Resolution No. 2003-014 La Quinta Drive Extension Adopted: February 18, 2003 Page 4 9. The Project has been reviewed and determined to be exempt from review under the California Environmental Quality Act under the provisions of Title 14, California Code of Regulations, Section 15301. The Project consists of a minor alteration of a public street facility. In addition, the Project is exempt from review under Title 14, California Code of Regulations, Section 15332, in that it is consistent with applicable General Plan designations and policies, occurs within the City limits on a project site of no more than 5 acres which is substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and can adequately be served by all required utilities and public services. 10. The City Council hereby declares its intent to acquire fee simple ownership of the Property, more specifically described and depicted in Exhibits A and B hereto, in the City's name in accordance with the provisions of the laws of the State of California. 11. 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 a court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, including without limitation, seeking prejudgment possession of such Property, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of the City Attorney to acquire the Property for the City. Such attorneys are specifically authorized to take whatever steps and/or procedures available to them under the Eminent Domain Law of the State of California, relating to acquisition of the Property. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 18th day of February, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 2003-014 La Quinta Drive Extension Adopted: February 18, 2003 Page 5 DON ADOL H, Mayor City of La Quinta, California ATTEST: JUNE . GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENS61KI, City Attorney City of La Quinta, California Resolution No. 2003-014 La Quinta Drive Extension Adopted: February 18, 2003 Page 6 ) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) CITY OF LA QUINTA 1 I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby that the foregoing Resolution No. 2003-014 is a full, true and correct copy as adopted by the City Council on February 18, 2003. Dated: 40-0 © 3 JU . GREEK, CMC, C y Clerk City of La Quirita, California EXHIBIT A EMIIBIT "A" A PORTION OF THE WEST ONE HALF OF TfM BAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AS SHOWN ON DEED RECORDED MARCH 13, 1989 AS INSTRUMENT NO. 75451, O.R., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THB INTERSECTION OF THE WESTERLY LINE OF THE SAID WEST ONE HALF WITH THE NORTHERLY LINE OF THE RIGHT OF WAY OF HIGHWAY 1 I 1 (55-FOOT HALF WIDTO AS SHOWN IN DEED RECORDED DECEMBER 11, 1%7 AS INSTRUMENT NO. 108641, _ _ THENCE NORTH 00"13'23" WEST 200.03 FEET ALONG SAID WESTERLY LINE, ALSO BEING THE EASTERLY LINE OF PARCEL MAP NO.29351, P.M.H. 197/33.36, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 82.13'54" EAST 82.26 rm; THENCE SOUTH 00°13'25" EAST 85.73 FEET TO THE BEGINNNIN(3 OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 544.00 FEET, A LINE RADIAAL TO SAID CURVE AT SAID POINT BEARS SOUTH 89°46'35" WEST; THENCE 90UTHSRLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 75.37 FEET THROUGH A CENTRAL ANGLE OF 07°56' 17", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 82017'08" BAST; TM NCE SOUTH 37°17'08" EAST 32.53 FEET; THENCE SOUTH 07°42'52" WEST 15.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGHWAY I 1 l; THENCE NORTH 82°17'09" WEST 94.69 FEET ALONG SAID RIGHT OF WAY LOM. TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 16,469 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT 'B" ATTACHED HERETO AND BY THIS R1;FERENCE MADE A PART HEREOF. SUBJEC7 T L RIGHTS, R1GHTS-OF-WAY AND EASEMENTS Op "Cop ,D.iP ,4T3y, pip or the s #p LAND S • Ombo, P.... 6 Date: THE KMTH MPANMS, INC. N0, 6 97 73-733 FrW WarWg Dtive, Suftc 100 FWM Desat, CA 92260 (760) 346-9"4 t,t ExP. 06/30/04 159/015610-0064 368965.02 a02/11/03 PArRcj-rr-�-,L MAP IND.- 2935-J 197/33-3 6 !fir FIG TI PAR CE-*11., 12 EXHIBIT R'B't* MY' OW OF W rMr flp of W &WrM#M We 20. = RTC: AISV&ww rff msnmy IA., Or PARM MAP Ala 29M A. PAN W-IM—N sacr/JZ54- 77"0171��h 649-02&006 ^57)1AMVT j8p-75951 num 3/iiow SHEET 1 OF I tz �Adjrf.7 fps a w, mo7�— pm ftr *a iA 6 T8108w� � sr 0 Kolth ComlorAws AV. X AkW SCAM- 10 A" mwft Aft JIL Aw A" Amwt die mm 0" ja6aw