City Council
MEETING DATE: 6/14/2017
TITLE:
Title
Acquisition of an Easement from Warrior Golf Equities, LLC for the Whitewater River Bike Path
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FROM:
John A. Corella, P.E. - City Engineer
RECOMMENDATION:
Recommendation
Staff recommends the City Council authorize the payment of $15,000 to Warrior Golf Equities, LLC, the owner of Cimarron Golf Club, for a permanent Easement to construct and maintain the Cathedral City Whitewater River Bike Path on Warrior Golf Equities, LLC property; and authorize the City Manager to execute the associated Easement Agreement for the Cathedral City Whitewater River Bike Path located on the west bank of the Whitewater River between Avenue 30 and Ramon Road.
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BACKGROUND:
Warrior Golf Equities, LLC (Warrior) is the owner of real property that includes the Whitewater River Channel between 30th and Ramon Road, over one mile in length. Warrior's property includes the west bank of the Whitewater River Channel (Whitewater). The top of the west bank levee is the location of the proposed Cathedral City Whitewater Bike Path. Previous owners of the property granted easements to the Coachella Valley Water District (CVWD) for flood control purposes and CVWD subsequently granted the Riverside County Flood Control District (RCFCD) an easement over the westerly 200 feet of the Whitewater. The Encroachment Permit RCFCD issued to the City for the Cathedral City Whitewater River Bike Path (Bike Path) included a provision that the City obtain all required easements from all underlying property owners within their jurisdictional area along the Bike Path route.
DISCUSSION:
It was determined that Warrior was the underlying owner of property for an approximate one mile portion of the Bike Path route. Initial contact with Warrior by the City resulted in Warrior declining to grant the City an Easement based on concerns that the Bike Path's construction and operation would adversely impact their golf course operations.
To expedite negotiations for the Easement, the City made an offer to compensate Warrior $15,000 for a permanent Easement to construct and operate the Bike Path. Discussions resulted in the City obtaining an appraisal of the value of the easement, which confirmed that the City had made a reasonable and fair offer for the easement. Warrior has accepted the offer and the attached Easement Agreement has been prepared for the parties' signatures.
FISCAL IMPACT:
The $15,000 payment to Warrior Golf Equities will be paid from authorized project contingency funds approved by Council action on October 12, 2016.
ATTACHMENTS:
No. 1: Warrior Golf Equities, LLC Easement Agreement