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Street Vacation 2007-045 within SRR - 2008PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO City Clerk / Agency Secretary AND WHEN RECORDED MAIL TO: Veronica J. Montecino CITY OF LA QUINTA P. 0. Box 1504 La Quinta, CA 92247 -1504 DOC # 2008- 0265053 05/16/2008 08:00A Fee:NC Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder � 1111111111111111111 lip 11111111111111111111111111 S I R I U I PAGE SIZE I DA I MISC I LONGI RFD I COPY A I L 1 465 1 426 CTY 1 UNI RESOLUTION NO. 2007 -098 Street Vacation 2007 -045 "Or T Vacated Portions of Avenue 52 & Adams Street 77 034 Within Tentative Parcel Map 33367 Re- recording of Document # 2007- 0660684 dated 10/26/2007 due to an incorrect map that was attached. Attached is the correct map, Exhibit "B" — Attachment "A ". Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESOLUTION NO. 2007 -098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES WITHIN TENTATIVE PARCEL MAP NO. 33367 AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP NO. 33367 CASE NO. STREET VACATION 2007 -045 WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the public easement and public utility easements vacation application on October 9, 2007, the Planning Commission of the City of La Quints has determined that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quints; and, WHEREAS, the City Council of the City of La Quints has conducted the required public hearing upon due notice and,, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as follows: 1. Vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will not adversely affect the City of La Quints or adversely impact the Circulation Element of the City of La Quints General Plan. Resolution No. 2007-098 Street Vacetlon 2007- 0451TP1 No. 333671 Adopted: October 26, 2007 Page 2 2. All utility companies have been properly notified and no local public agency has submitted objections to the proposed vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367. 3 Approval and adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right -of -way will restore possession of the vacated portion of Public Utility Easement to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and .personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, specifically shown on Attachment 1, attached hereto and incorporated herein, is unnecessary for either present or prospective public use or purposes, including use as non - motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as shown on Attachment 1 attached hereto and incorporated herein. Resolution No. 2007 -098 Street Vacation 2007 -M ITPM No. 333671 Adopted: October 26, 2007 Page 3 SECTION 3: The City Council hereby determines that adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 shall not be effective until a certified copy of this Resolution, has been recorded with the Riverside County Recorder. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of October, 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 4Mar -- DON ADOL City of La Quinta, California Resolution No. 2007 -098 Street Vacation 2007 -045 ITPM No. 33367) Adopted: October 26, 2007 Page 4 ATTEST: VERONICA J. QK'TECINO, CMC, City Clerk City of La Qwnta, California (City Seal) APPROVED AS TO FORM: M. KA H RINE JEN , City Attorney City of La Quinta, C fornia This is to car* that the 11or"ng Isla full, true and correct copy of the original / which is on 1119 in tfw.Otfim 'the CiCy C"0fftC!►0ILa C i 52 SEC77ON CORNER WS ENT "A' TENTATMs' PARCEL MAP NO. 99387 RESOLUTION NO. 2007-098 STREET VACATION 2007 -045 9 12 !! \� I \ TP.O. . \\ \ 9322j' ° 15 N893f'O3•E T` 612.51 179.148' AVENUE 152 I � 1 r I�� II II r•��'� 1� II I I SCALE' 1' =1000' L — — — — ` I - ' AVBMlE bf � LEGEND STREET VACADON AAKNUE 52 & ADAMS STREET 70 BE VACATED AS PER RESOLU770N 2007 -098. PARCEL MAP BOUNDARY — SEC770111 LINE – — — – EASEMENT LINE DATA TABLE 1 No. fLTA £ NOR `JOHN F. YOU S 4665 LENGTH 1 NOOV349 W OF LA QUINTA 82 & ADAMS STRE VACATION J5. 00' 2 50077158 W – 899.28 3 S8879'48 NW 588 4 N727012 W 509 5 SOOV158 W 88206 6 $8948 4 W 404.60 7 N5325'12 0W – 11695 8 S89-4847 #W 498.59 9 N00V5_rJ_5 – 112712 10 58935 44 – 30.00 11 N895620 E 30.00 12 NOOV535 E 1227.02 13 N8931TT_ – –71-94-9r 14 a00V555 154 15 =03J807 12055,00-1 130.38 JOHN F. YOUNG Exp. 9 -30 -08 N& 4403 ADDENDUM TO STREET VACA7701V 2007 -045 3 RECORDED OCTOBER 16, 2007 DOG N0. 2007 - 0660684 1 �' I T 7 7 �O `JOHN F. YOU S 4665 DA 7F CONSTRUCTION TESTING & ENGINEERING INC. PLANNING •OIVIL EICINEERIND•LAND NURVEVINO- OEOTELINNICAL 140 NOITIEL ROAD. EUI7E 116 ENCON0100 EA. REDEi, PH-060) 7 41.4111 CITY VENUE OF LA QUINTA 82 & ADAMS STRE VACATION i5 —ooMS �•.i000' 1218/07 _ 4pR