CC Resolution 2008-013RESOLUTION NO. 2008-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AUTHORIZING AN
EXCEPTION TO THE RESTRICTED ACCESS
DEDICATION SHOWN ON TRACT MAP NO. 30023-1,
TIRLOGY AT LA QUINTA, SHEA LA QUINTA, LLC.
WHEREAS, the County of Riverside Board of Supervisors imposed a
restricted access dedication along specific portions of the Avenue 62 frontage of
Lot 145 of Tract Map No. 30023-1 when it was approved on January 28, 2003
prior to Annexation No. 14 approved on February 11, 2003 by the Riverside Local
Agency Formation Commission by Resolution C-01-03; and
WHEREAS, Shea La Quinta, LLC, the developer of Trilogy La Quinta, wishes
to grant to the Coachella Valley Water District (CVWD) and addition parcel (Parcel
A) to the west of an existing well; and
WHEREAS, the City Council finds the following facts and reasons to justify
approval of said exception to the restricted access dedication along Avenue 62
frontage of Lot 145 of Tract Map No. 30023-1 :
1. The exception of restricted access dedication is allowed based on previous
determination by the City Attorney that by the court ruling in Stevenson v.
City of Downey (1962) 205 Cal. App.2d 585 that it is not necessary for the
City to formally vacate or abandon the prior restriction. In that case, the
court held the fact that the property owner has foregone the fight of access
does not preclude a city from exercising its police powers to determine the
appropriate points of access.
2. Previous exception to vehicular access restrictions has been granted in the
pass and in particular per Resolution No. 2002-124 for Parcel Map No.
28525-2 along a portion of Highway 1 1 1 frontage of Lot B of said Map.
3. Approval of the exception to the restricted access dedicated on Tract Map
No. 30023-1 will not create conditions that may threaten the public health
and safety needs of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. That the above citations are true and correct and constitute the
findings and requirements of the City Council in this case.
Resolution No. 2008-013
Exception to Restricted Access Dedication
Adopted: March 18, 2008
Page 2
SECTION 2. The City Council approves the exception of restricted access
dedicated across Lot 145 of Tract Map No. 30023-1 and as shown on Exhibits "A"
and "B" hereto, and is an authorized exception to the access restriction shown on
Tract Map No. 30023-1 along a portion of the Avenue 62 frontage of Lot 145.
SECTION 3. The access authorization shall not be construed as a perpetual
access exception to the restriction shown on Lot 145. The access authorization
shall be terminated when the land uses on Parcel A being dedicated to CVWD are
no longer valid.
SECTION 4. The City Clerk shall cause this Resolution to be posted after its
adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 18th day of March 2008, by the following vote,
to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City of La
(CITY SEAL)
)NTECINO,
, California
aw
DON AD LPH, yor
City of La Quinta, California
Resolution No. 2008-013
Exception to Restricted Access Dedication
Adopted: March 18, 2008
Page 3
APPROVED AS TO FORM:
� 16 --- -, �-
M. KAT ERINE JEN O , City Attorney
City of La Quinta, Ca' rnia
EXHIBIT "A"
(LEGAL DESCRIPTION)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
VACATION OF THE RESTRICTED ACCESS DEDICATED ON AVENUE 62 ACROSS
THAT PORTION OF LOT 145 OF TRACT MAP NO. 30023-1, AS SHOWN BY MAP ON
FILE IN BOOK 329, AT PAGES 87 THROUGH 102, INCLUSIVE, OF MAPS,
RIVERSIDE COUNTY RECORDS, AS ADJUSTED AS PARCEL "B" OF LOT LINE
ADJUSTMENT NO. 2007485, APPROVED BY THE CITY OF LA QUINTA AND
RECORDED SEPTEMBER 25, 2007, AS INSTRUMENT NO. 2007-0599643, O.R., ALL
BEING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE
AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 150 OF SAID TRACT MAP
NO. 30023-1;
THENCE ALONG SAID SOUTHERLY LINE OF SAID LOT 145 SOUTH 89047'45"
WEST A DISTANCE OF 100.00 FEET TO THE END OF THE VACATION OF THE
RESTRICTED ACCESS DEDICATED ON SAID LOT 145;
O �,AN D S(�9�
CHARLES
_V HARRIS O
—� No.4989
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PAGE 1 OF 1 3/3/2008
EXHIBIT "B"
MAP TO ACCOMPANY OFFER TO DEDICATION EASEMENT
A PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION
34, T. 6 S., R. 7 E., S.B.M.
INDICATES RESTRICTED ACCESS DEDICATED
PER M.B. 329/87-102
r T I
� I I
LOT 150
PORTION OF
LOT 145 WESTERLY LINE
1' = 60, I OF LOT 150
I I
S 89'47'45" W
100'00,
PORTION TO OE P.O.B.
VACATED SW CDR u�i
I LOT 150 AVENUE 62
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`S 1/4 CDR. SECTION LINE SE COR.7
SEC. 34 SEC. 34
CHARLES R. HARR
No. 4989 J..
Exp. 12/31/09 LS MSA CONSULTING, INC.
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J.N. 1538 2/29/08 SHEET 1 OF