CC Resolution 1987-045^#5 AGENDA ITEM #
RESOLUTION NO. 87-45 * *)DENIED
CONTINUED TO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, VACATING CERTAIN
PORTIONS OF AVENUE 46.
WHEREAS, the City Council did adopt its Resolution No.
87-35, declaring its intention to vacate certain portions of Avenue
46 pursuant to the Public Streets, Highways and Service Easements
Vacation Law; and
WHEREAS, said Resolution No. 87-35 fixed August 4, 1987, at
the hour of 7:30 p.m. in the La Quinta Council Chambers as the time
and place for hearing all persons interested in or objecting to the
proposed vacation; and
WHEREAS, a Notice of Public Hearing was published in the
time and manner provided by law and notices of said hearing were
posted along said portions of the streets to be vacated in the time
and manner provided by law; and
WHEREAS, the Planning Director has determined that the
vacation of said street is not in conflict with the Circulation
Element or other policies of the General Plan; and
WHEREAS, the City Council has conducted its required public
hearing and, upon hearing and considering all testimony and arguments
of all interested persons desiring to be heard, did find the
following facts to exist to justify the approval of said Street
Vacation:
1. The vacation of the Avenue 46 right-of-way as proposed is
consistent with the La Quinta General Plan.
2. The portion of Avenue 46 proposed for vacation is not needed
to serve any substantive public benefit associated with
traffic circulation.
3. Vacation of the Avenue 46 right-of-way as proposed is
consistent with the Highway 111 Specific Plan.
4. The proposed abandonment of Avenue 46 will benefit the
public by providing for increased traffic safety.
5. Approval of the proposed street vacation will not cause a
significant impact on the environment.
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^#5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta as follows:
1. The City Council hereby finds and determines that the
following described portions of Avenue 46 are unnecessary
for present or prospective public use and hereby orders said
street portion vacated and abandoned.
2. Said street ordered vacated and abandoned is Avenue 46,
between the southwesterly right-of-way line of the Coachella
Valley Storm Water channel, and the northeasterly
right-of-way line of State Highway 111, more particularly
described in Exhibit A", attached hereto. Further, a map
designating that portion of said roadway to be vacated is
attached hereto as Exhibit B".
3. The City Council hereby finds and determines that the street
hereby vacated and abandoned is not useful as a
non-motorized, transportation facility as defined in Streets
and Highways Code, Section 156, nor useful as a bicycle path
or route pursuant to Public Resources Code, Section 5079.
4. The City Council hereby finds and determines that public
convenience and necessity require that the presently
existing public utility easements shall be either relocated
and/or abandoned to the satisfaction of the affected public
utilities prior to the recordation of this Resolution.
5. The portions of Avenue 46 hereby vacated shall not be closed
to the public use nor shall any construction or demolition
occur thereon until the Applicant has provided written
documentation indicating clearance from all affected
utilities. Easements shall be retained where necessary.
However, an easement shall be reserved in favor of Southern
California Gas for maintenance of the existing two-inch main
in the Avenue 46 right-of-way, or an appropriate relocation
and easement agreement, subject to Southern California Gas
requirements, shall be executed by the Applicant, as
provided under Section 8340(c) of the Streets and Highways
Code.
7. 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 at such time as the
conditions set forth in Sections 4 and 5 hereof are
satisfactorily completed and performed.
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^#5 PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council on this 4fh day of Aii*igt, 1987, by the
following vote, to wit:
AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle.
NOES: None.
ABSENT: None.
ABSTAIN; None.
I
4
MAYOR
ATTEST:
*/AtAe#t\#!i
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY MANAGER
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^#5 EXHIBIT A"
VACATION OF 46TH AVENUE
ALL THOSE PORTIONS OF 46TH AVENUE LYING WITHIN SECTIONS 19 AND 30,
T.5.S., S.B.M.; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
THE SOUTHERLY 30.00 FEET OF SAID SECTION 19 AND THE NORTHERLY 30.00
FEET OF SAID SECTION 30 LYING BETWEEN THE EASTERLY RIGHT-OF-WAY OF
STATE HIGHWAY 111 110 FEET WIDE) PER DEED RECORDED FEBRUARY 17, 1938
AS INSTRUMENT *1044, AND THE WESTERLY RIGHT-OF-WAY OF COACHELLA
VALLEY WATER DISTRICT STORMWATER CHANNEL, PER DEED RECORDED JUNE
17, 1960 AS INSTRUMENT *53916.
PARCEL 2
THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER:
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER, N. 89*
31'35'1E., 333.93 FEET TO A POINT ON A LINE CONCENTRIC WITH AND 55.00
FEET NORTHERLY MEASURED RADIALLY FROM THE CENTER LINE OF SAID
CALIFORNIA STATE HIGHWAY 111, SAID POINT BEING ALSO THE TRUE POINT OF
BEGINNING:
A. THENCE ALONG SAID SOUTH LINE, N. 89* 31'35"E., 594.37 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 98.00 FEET, A RADIAL LINE TO SAID POINT BEARS N. 62* 50"
54"E.;
B. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
73* 10'25" AN ARC DISTANCE OF 125.16 FEET;
C. THENCE SOUTH 790 40'2911W., 41.38 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET;
D. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09*
51'06" AN ARC DISTANCE OF 17.19 FEET TO A POINT ON A LINE PARALLEL
WITH AND 44.00 FEET NORTH, MEASURED AT RIGHT ANGLES, FROM THE
SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER:
E. THENCE ALONG SAID PARALLEL LINE, S. 89* 31'35'1W., 471.27 FEET;
F. THENCE N. 69* 40'1B"W., 16.34 FEET TO A POINT ON SAID CONCENTRIC
LINE, BEING IN A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
2430.00 FEET, A RADIAL LINE TO SAID POINT BEARS N. 4j4 07149"E.;
G. THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01* 44'20" AN ARC DISTANCE OF 73.75 FEET TO THE TRUE POINT OF
BEGINNING.
4 6THVACA
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STREET VACATION
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APPLICANT
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PALM S*GS. CA *2262
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