CC Resolution 2018-020 Dune Palms Rd Resolution of NecessityRESOLUTION NO. 2018 - 020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST
AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY
LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING
AND ADOPTING A RESOLUTION OF NECESSITY
WHEREAS, the City of La Quinta, has been investigating the acquisition of
portions of property located at 46400 Dune Palms Road for the purposes of making
public roadway improvements pursuant to the circulation element of the General Plan
of the City of La Quinta; and
WHEREAS, on May 1, 2018, after no less than fifteen (15) days written notice to
the owners of the Property referenced above, and more specifically described in the
legal descriptions attached hereto as "Exhibit A", and "B", which legal descriptions are
incorporated herein by reference ("Property"), the City Council of the City of La Quinta
held a hearing for the purposes of allowing the record owners and occupants of such
property reasonable opportunity to appear and be heard regarding the City's
identification of the "Project" as the Dune Palms Widening Project ("Project"), and 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;
D. Whether the offer required by Government Code § 7267.2 had been given to
the owners of record; and
E. Whether the City had properly exercised all of its statutory responsibilities
and duties antecedent to the exercise of eminent domain against the
Property including review under CEQA; and
WHEREAS, the City Council, as a result of such hearing, has determined that the
public health, safety and welfare require that the City acquire the Property more
particularly described herein for the purposes of the Project; and
WHEREAS, the Project for which the Property to be acquired is sought has
previously been reviewed under applicable environmental review procedures,
including the Mitigated Negative Declaration (MND), EA 2016-009, approved on July
20, 2016, in accordance with the California Environmental Quality Act (CEQA); 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.
Resolution No. 2018-020
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project
Adopted: May 1, 2018
Page 2 of 4
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 I. The project for which the property is being acquired is the Dune Palms
Widening Project, a project to widen the east side of Dune Palms Road to its ultimate
General Plan width from Westward Ho Drive / Blackhawk Way to a point
approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) (as
referred above as the Project). The length of the widening improvements is
approximately 900 linear feet, and includes a single lane of travel in each direction.
SECTION 2. The Property to be acquired is located within the City at 46400 Dune
Palms Road (Assessor Parcel No. 600-030-010). The Property interest the City seeks to
consists of:
A permanent easement for street and public utility purposes over some
approximately 2,610 square feet, as more specifically described in "Exhibit A"
hereto, and in "Exhibit B" hereto, which easement shall consist of the following:
A perpetual exclusive easement for public right of way, street, drainage,
pedestrian and utility purposes, including all use of the Easement Area for
purposes incident to public right of way use, including but not limited to the
construction, maintenance, and operation of a roadway, or other transportation
facilities, underground and above ground utilities and appurtenances, cable
communication or telecommunication facilities; directional, street
identification, or roadway informational signage; traffic control devices; curbs;
gutters; sidewalks; drainage and sewage facilities; and transportation facilities
such as bus bays, benches, bus or train stops, bicycle pathways, or facilities for
railway or other public transportation vehicles or manners of conveyance.
SECTION 3. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the improvement of
Dune Palms Road in the manner contemplated by the Project. The Project is designed
to relieve regional traffic congestion and improve the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the
streets.
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 maintain the continuity of the alignment of the road for all users. The Project
is designed in a manner compatible with the greatest public good, in that the Project
will involve road widening, construction of median island, undergrounding of utilities,
and upgrading parkway landscaping, along with drainage improvements. The final
widened street section will consist of a 72 feet curb to curb street section, which will
Resolution No. 2018-020
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project
Adopted: May 1, 2018
Page 3 of 4
provide two 11 foot travel lanes in both directions; a 12 foot wide raised median; an 8
foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6
foot wide sidewalk. This will enhance the utility of the area and help improve traffic
circulation. The Project is designed in a manner compatible with the least private
injury in that the acquisition has been limited to the Project boundaries, so as to
minimize disruption to residences, and the Project provides streetscape upgrades
along the remaining property's frontage, including a new block wall, new landscape
and irrigation, relocation and undergrounding of existing utilities, and improved
driveway access.
SECTION 5. The Property is necessary for the proposed Project, in that the roadway
widening must of necessity occur on property immediately adjacent to the existing
roadway.
SECTION 6. The offer required by Government Code § 7267.2 has been made to the
record owners, by way of letter dated December 13,. 2016. In addition, on the same
date offer letters were sent to the owners of the individual coaches included within
the area of the proposed easement. Staff has attempted to negotiate with the record
owners subsequent to this offer, but such negotiations have not proved successful in
securing all the necessary property interests required for the Project, 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 Mitigated
Negative Declaration (MND), EA 2016-009, approved on July 20, 2016. The City
Council finds and determines that since the time of the adoption of that MND, 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 MND such that no further environmental review attending
this proposed acquisition is necessary.
SECTION 9. The law firm of Rutan & Tucker, LLP, which serves as the Office of the City
Attorney for the City of La Quinta, is hereby authorized to prepare and prosecute in the
name of the City, such special proceedings in the proper court having jurisdiction
thereof, as are necessary for acquisition of the Property described herein, 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
Resolution No. 2018-020
Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project
Adopted: May 1, 2018
Page 4 of 4
available to them under the Eminent Domain Law of the State of California, including,
but not limited to, seeking orders for prejudgment possession of the property. The City
Attorney is authorized to assign any work in such action to other attorneys as the City
Attorney may deem appropriate, and in the event it is possible to settle and
compromise such proceedings, the City Attorney may take all actions necessary to
complete the acquisition, including preparing and filing stipulations as to judgment,
final orders of condemnation, and arranging for the deposit or other payment of just
compensiaotn as may be agreed to.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of May, 2018, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
PAM NIETO, Deputy City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXHIBIT A
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASMENT
DUNE PALMS ROAD
(APN 600-030-010 / CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-0972217 of Official Records of said County, more
particularly described as follows:
The Easterly 9.00 feet of the Westerly 53.00 feet of the Southerly 290.00 feet of the Southerly
660.00 feet of the Northerly 1320.00 feet of the Westerly 660.00 feet of the Northwest Quarter
of the Northeast Quarter of Section 29, Township 5 South, Range 7 East, San Bernardino
Meridian.
CONTAINING: 2,610 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on 'EXHIBIT "A" — PLAT', attached hereto and by this reference made
a part hereof.
This legal description was prepared
by me or under my direction.
Benjamin Daniel Egan, PLS 8756
Prepared July 5, 2016
Page 1 of 1
EXHIBIT "A" - PLAT
PUT TO ACCOMPANY LEGAL DESCRIPTION FOR
A PUBLIC ROAD AND UTILITY EASEMENT
NW1/4, NW1/4, NE1/4, SEC. 29, T5S, RX, SBM
APN 600-030-010 / CHIN FAMILY PROPERTIES
LIMITED PARTNERSHIP
0
ONE
W
col
J
Q
z
Lv
Z o
� z I
0 J
r
\ J
3
U
I
1
z o NE 1/4 2
SECTI )N 29
W U
O
W J
LOCATION MAP
NOT TO SCALE
APN: 600-030-019
S'LY LINE OF N'LY 660'
30.00' R/W PER DEED REC. 5/24/1933
IN BOOK 122, PAGE 74 O.R.
14.00'
GRANT DEED REC. 7/1/1969
AS INST. #66907, O.R.
53.00'
44.00'
SNP` LAND 8
ygN 4 A NSF! GAG
2 d
NO. 8756
QF CAI.�F�4`Q
• 11
VICIN TfTY MAP
NOT
r�ON 29
EASEMENTLO
2,610t SQ. FT. 11
Li
APN: 600-030-010
GRANT DEED REC. 11/23/2005 AS DOC. #2005-0435679 _V)
(SOUTH 660' OF THE NORTH 1320' OF THE WEST 660'
OF THE OF THE NW 1/4 OF THE NE 1/4
OF SEC. 29, 5S, R7E, SBM) _
50 25 0 50 100
SCALE: 1"=50'
PREPARED: 07/05/2016 SHEET 1 OF 1
�/2o1s
KINKMIN D. EGA DATE
PLS 8756
Page 2 of 2
General Description
Address:
Unit Number:
Home Owner(s):
Home Manufacturer/Model:
Home Serial Number(s)
Year Manufactured:
Decal Number:
HUD Label/Insignia No.:
Add On Square Footage:
Total Square Footage:
No. Bedrooms:
No. Bathrooms:
Site Improvements:
Exhibit "B"
Mobile Home Description
46400 Dune Palms, La Quinta, CA 92253
59
Raquel Sandoval
Fleetwood
CAFL2BE13085206 & CAFL2AE13085206
84
LAF7392
CAL279044 and CAL279043
N/A
1,584 (24' x 66')
4
1 + %
Approximately 360 square feet of masonry
pavers, approximately 400 square feet of stone
and pavers and miscellaneous other site
improvements
Exhibit "B"
Mobile Home Description
General Description
Address:
46400 Dune Palms, La Quinta, CA 92253
Unit Number:
82
Home Owner(s):
Maria C. Marruffo
Home Manufacturer/Model:
Marlette Homes, Inc.
Home Serial Number
K12260CD220846
Year Manufactured:
1972
Decal Number:
LAC8653
HUD Label/Insignia No.:
20846
Add On Square Footage:
N/A
Total Square Footage:
792
No. Bedrooms:
2
No. Bathrooms:
1
Site Improvements:
Aluminum 8' x 8' shed, Wood shed,
approximately 6' x 6', Above average
landscaping, Approximately 90 liner feet
of picket fencing, Approximately 100 sf of 12" x
12" masonry pavers on north side of home.
Exhibit "B"
Mobile Home Description
General Description
Address:
46400 Dune Palms, La Quinta, CA 92253
Unit Number:
83
Home Owner(s):
Jose Benavides and Imelda Benavides
Home Manufacturer/Model:
Viking
Home Serial Number(s)
61684X & 61684U
Year Manufactured:
74
Decal Number:
AAH4474
HUD Label/Insignia No.:
139941 & 139942
Add On Square Footage:
N/A
Total Square Footage:
1,344 (24' x 56')
No. Bedrooms:
3
No. Bathrooms:
2
Site Improvements:
Mobile home manufactured by Viking, 10' x 10'
aluminum shed; 4' and 6' height perimeter
fencing installed by home owner. Hardscaping
(pavers of various shapes and sizes)
Landscaping (small shrubs and plants at front of
residence) and miscellaneous other site
improvements