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CC Resolution 2019-040 Dune Palms Bridge Reso of Necessity - J Paul & S Paul Trust RESOLUTION NO. 2019 – 040 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 79440 CORPORATE CENTER DRIVE, ASSESSOR PARCEL NO. 600-390-033, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY PROJECT: DUNE PALMS BRIDGE NO. 2011-05 / 111205 ADDRESS: 79440 CORPORATE CENTER DRIVE APN: 600-390-033 WHEREAS, the City of La Quinta, has been investigating the acquisition of portions of property located at 79440 Corporate Center Drive 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 September 17, 2019, 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 and plat maps attached hereto as Exhibits 1-2, which legal descriptions and plat maps 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 Bridge 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 environmental review under NEPA and CEQA; and Resolution No. 2019-040 Dune Palms Bridge Project – Resolution of Necessity; 79440 Corporate Center Drive Adopted: September 17, 2019 Page 2 of 5 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 2017- 0013, approved on February 14, 2018, in accordance with the California Environmental Quality Act (“CEQA”) and a National Environmental Policy Act (“NEPA”) Categorical Exclusion, approved by the Federal Highway Administration (“FHWA”) on January 17, 2018; 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. 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 the property is being acquired is the Dune Palms Bridge Project, a project to replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel, and to improve Dune Palms Road to its General Plan designated roadway width. The Project will widen Dune Palms Road to its ultimate right-of-way. The final configuration of the roadway will consist of 72 feet of street section curb-to-curb, with 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 sidewalk to allow for two lanes of travel along Dune Palms Road in either direction and provide other streetscape improvements. SECTION 2. The Property to be acquired is located within the City at 79440 Corporate Center Drive and bears Assessor Parcel No. 600-390-033. The Property interest the City seeks to acquire consists of a non-exclusive permanent slope easement over approximately 1,947 square feet of the property, more specifically described in Exhibit 1, and depicted in Exhibit 2 hereto, as follows: The slope easement is a permanent, nonexclusive easement allowing the holder thereof to place, maintain, landscape, irrigate, Resolution No. 2019-040 Dune Palms Bridge Project – Resolution of Necessity; 79440 Corporate Center Drive Adopted: September 17, 2019 Page 3 of 5 grade, protect, and utilize slopes on and over the property more specifically described and depicted in Exhibit 1 and 2 hereto (“slope easement area”), for the purposes of providing and maintaining lateral and subjacent support of bridge, roadway, and related improvements to be constructed consistent with the approved construction plans for the Dune Palms Bridge Project (“Project’). The holder of the slope easement shall access the slope easement area only from adjacent public rights of way, shall limit all construction, maintenance, or grading activity to the slope easement area, and except in cases of emergency posing an immediate threat to public health and safety, shall provide not less than seventy two (72) hours’ notice to the owner of the underlying property of any entry for any construction, maintenance, or grading activity on the slope easement area. The permanent slope easement, is referred to as the “Property.” 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 ability of traffic to navigate over areas prone to flooding, which will enhance the 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 improvements to allow for two lanes of travel along Dune Palms Road in either direction, and provide other streetscape improvements, in addition to constructing a bridge crossing over the Whitewater River at Dune Palms Road. In addition to enhanced circulation along Dune Palms Road, the Project will provide bicycle/golf cart lanes along each side of the road, encouraging these alternate modes of energy-efficient transportation, and will also provide a 6-foot 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 private property. SECTION 5. The Property is necessary for the proposed Project, in that the bridge must of necessity be constructed on property immediately adjacent to Resolution No. 2019-040 Dune Palms Bridge Project – Resolution of Necessity; 79440 Corporate Center Drive Adopted: September 17, 2019 Page 4 of 5 the existing flood channel, and the roadway improvements must occur adjacent to the existing roadway, to maintain continuity. SECTION 6. The offer required by Government Code § 7267.2 has been made to the record owners, by way of letter dated June 10, 2019. 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, EA 2017-0013, approved on February 14, 2018. The Project was the subject of a Categorical Exclusion approved by the FHWA on January 17, 2018. 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 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 RESOLUTION NO. 2019-040 EXHIBIT 1 ADOPTED: SEPTEMBER 17, 2019 RESOLUTION NO. 2019-040 EXHIBIT 2 ADOPTED: SEPTEMBER 17, 2019