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CC Resolution 2022-042 Street Vacation - Bermudas & La FondaRECORDING REQUESTED BY: CITY OF LA QUINTA CITY CLERK'S DEPARTMENT RECORDING REQUESTED BY: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2022-0494453 12/07/2022 02:04 PM Fees: $0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: ALEJANDRA#1032 RESOLUTION NO. 2022-042 STREET VACATION: A 691-SQUARE-FOOT PORTION OF AVENIDA BERMUDAS AND AVENIDA LA FONDA PUBLIC RIGHT-OF-WAY ADJACENT TO 78015 MAIN STREET SUITE 100 .m1%.EC0RDER USE ONLYI This page added to provide adequate space for recording information. This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 DOC #2022-0494453 Page 2 of 8 RESOLUTION NO. 2022 - 042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 691- SQUARE-FOOT PORTION OF AVENIDA BERMUDAS AND AVENIDA LA FONDA PUBLIC RIGHT-OF-WAY ADJACENT TO 78015 MAIN STREET SUITE 100 WHEREAS, this action is exempt under Section 15301 (c) - Class 1 of the California Environment Quality Act (CEQA) Guidelines, in that the vacation of the subject right-of-way will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Sections 8322 and 8323 of the California Streets and Highways Code, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law; and WHEREAS, the City Council of the City of La Quinta has conducted this vacation proceedings under Chapter 3, Part 3, Division 9 of the California Streets and Highways Code and, upon hearing and considering all testimony of all interested parties, make the following findings: 1. Vacation of the subject 691-square-foot portion of Avenida Bermudas and Avenida La Fonda will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected 691-square-foot portion of Avenida Bermudas is unnecessary for either present or prospective public use or purposes, including use as a non -motorized transportation facility. 3. No local agency has submitted objections to the street vacation proposal. However, Coachella Valley Water District (CVWD) has requested the reservation of easements over the entire proposed vacation area. 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment; and 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, Part 3, Division 9 of the Streets and Highways Code 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 691-square-foot portion of Avenida Bermudas and Avenida La Fonda, specifically described in Exhibits A and DOC #2022-0494453 Page 3 of 8 Resolution No. 2022 - 042 Street Vacation LAD 2022-0001 - Avenida Bermudas and Avenida La Fonda Adopted: December 6, 2022 Page 2 of 6 B. 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 the 691-square- foot portion of Avenida Bermudas and Avenida La Fonda as shown in the attached Exhibits A and B, reserving, and excepting from the entire vacation area an easement as described in SECTION 3. SECTION 3. Reserving and excepting from the entire vacation area a public utility easement and right in favor of Coachella Valley Water District (CVWD) for its existing facility in accordance with Section 8340 (c) of the California Streets and Highway Code. SECTION 4. The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. In addition to the Recitals, which the City Council adopts as part of its findings and expressly incorporates into the approval of this Resolution, the street vacation is categorically exempt under the California Environmental Quality Act (CEQA) as a Class 1 exemption pursuant to CEQA Guidelines Section 15301(c) (14 Cal. Code Regs. §15301(c).) Class 1 consists of, among other items, minor alterations of existing public or private facilities or topographical features, involving negligible or no expansion of existing or former use. The types of "existing facilities" itemized in Section 15301 are not intended to be all-inclusive of the types of projects which might fall within Class 1, but Subdivision (c) expressly includes existing highways, streets, bicycle and pedestrian trails, and similar facilities. The street vacation here is small in the amount of square footage, and that square footage is situated in a manner unnecessary for circulation of traffic or for any other present or prospective public use or purposes. The street vacation does not authorize any other use. Therefore, the street vacation involves no or negligible expansion of use and is categorically exempt pursuant to CEQA Guidelines Section 15301(c). SECTION 5. The City Council hereby orders that the vacation shall not be effective until the City Clerk record a certified copy of this Resolution with attached Exhibits A and B with the Riverside County Recorder. SECTION 6. 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 6th day of December, 2022, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans DOC #2022-0494453 Page 4 of 8 Resolution No. 2022 - 042 Street Vacation LAD 2022-0001 - Avenida Bermudas and Avenida La Fonda Adopted: December 6, 2022 Page 3 of 6 NOES: None ABSTAIN: None ABSENT: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: i MONIKA RADEV Cite lerk City of La Quinta APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta DOC #2022-0494453 Page 5 of 8 Resolution No. 2022 - 042 Street Vacation LAD 2022-0001 - Avenida Bermudas and Avenida La Fonda Adopted: December 6, 2022 Page 4 of 6 EXHIBIT "All VACATION OF PUBLIC RIGHT OF WAY AVENI DA BERM UDAS AND AVENIDA LA FONDA LEGAL DESCRI PTI ON BEING THOSE PORTIONS OF LOTS 25, B, D AND E OF DESERT CLUB TRACT UNIT NO. 4 AS SHOWN ON MAP ON FILE IN BOOK 21 OF MAPS, PAGE 60, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO BEING PORTIONS OF AVENIDA BERMUDAS AND AVENIDA LA FONDA OF PARCEL MAP NO. 30850 AS SHOWN ON MAP ON FILE IN BOOK 206 OF PARCEL MAPS, PAGES 60 THROUGH 62, INCLUSIVE, RECORDS OF SAID COUNTY, LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SBM, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE SOUTH 00°08'33" EAST 3.71 FEET ALONG THE EASTERLY RIGHT OF WAY LINE OF AVENIDA BERMUDAS, 32.00 FEET HALF -WIDTH, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°08'33" EAST 71.52 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 45'08'31" EAST 32.53 FEET ALONG SAID SOUTHWESTERLY LINE TO THE NORTHERLY RIGHT OF WAY LINE OF AVENIDA LA FONDA, 50.00 FEET HALF -WIDTH; THENCE NORTH 89°51'31" EAST 16.12 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE; THENCE SOUTH 00*08'33" EAST 3.04 FEET; THENCE SOUTH 89'51'31" WEST 23.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 89'59'56"; THENCE NORTH 00°08'33" WEST 65.30 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; Page 1 of 2 DOC #2022-0494453 Page 6 of 8 Resolution No. 2022 - 042 Street Vacation LAD 2022-0001 - Avenida Bermudas and Avenida La Fonda Adopted: December 6, 2022 Page 5 of 6 THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 13.20 FEET THROUGH A CENTRAL ANGLE OF 37`48'52" TO SAID EASTERLY RIGHT OF WAY, A LINE RADIAL FROM SAID CURVE BEARS NORTH 52°19'41" WEST, ALSO BEING TRUE POINT OF BEGINNING. CONTAINING 691 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY, SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT. TUNG 1U HSIEH - PLS 8722 THE ALTUM GROUP 44-600 Village Court, Suite 100 Palm Desert, CA 92270 Tel: 760 346-4750 DATE: 09/28/2022 Page 2 of 2 1^" No. 8722 1' I -A _�F CALIF DOC #2022-0494453 Page 7 of 8 utio" No. 2022 - 042 t Vacati6, on LAD 22-0001 -Avenida Bermudas and Avenida La Fonda EXHIBIT ,t B" SHEET 1 O F 1 :ed: December 6, 2022 6 of 6 AVENIDA BERMUDAS AND AVENIDA LA FONDA STREET VACATION 32' �PARCEL 1 PMB 206/61-63 i r,-N 0( 5219'41'W �RAD� TPOB 27.80' ca Q ku n ? 9 m p z PM r "J-63 o Q o ej o L3 r L5 Ot AVENIDA LA FONDA N89'51'31'E 659.98' TUNG JU HSIEH, PLS 8722 DATE: 09/28/2022 N M LINE TABLE BEARING LENGTH Lt S00'08'33E 3.71' L2 S4508'31 "E 32.53' L3 N69'51'31'E 16.12' L4 S00'081330E 3.04' L5 S89'51'31'W 23.32' CURVE TABLE RADIUS DELTA LENGTH C1 20.00' 89'59'56" 31.42' C2 20.00' 3i48'52' 13.20' N SCALE 1'=30' 6 10 20 30 60 The 44-600 Village Court, Suite 100 Palm Desert, CA 92260 Is t.760.346.4750 f.760.340.0089 Group TheAltumGroup,com ENGINEERING I PLANNING I SURVEY ( ENVIRONMENTAL DOC #2022-0494453 Page 8 of 8 CERTIFICATION OF RESOLUTION NO. 2022-042 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) CITY OF LA QUINTA ) I, LAURIE MCGINLEY, Deputy City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing six (6) pages is a full, true and correct copy of Resolution No. 2022-042 of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 691-SQUARE-FOOT PORTION OF AVENIDA BERMUDAS AND AVENIDA LA FONDA PUBLIC RIGHT-OF-WAY ADJACENT TO 78015 MAIN STREET SUITE 100 Resolution 2022-042 was adopted by the La Quinta City Council on the 6th day of December, 2022. Dated: December 71 2022 AURIE MCGINLEY, deputy City Clerk City of La Quinta, California