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CC Resolution 1994-013 Street Vacation - Tampico (Calle). 4 l."""'fit/ � RESOLUTION 94-13 RECEIVED FOR RECORC P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 AT8.00aCLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESCINDING PREVIOUSLY MAY _3 1994 ADOPTED RESOLUTION 93-35 AND VACATING PORTIONS OF THE SOUTH ONE-HALF OF CALLE TAMPICO wemmudmawowm BETWEEN AVENIDA CARRANZA AND A POINT dft"No0ewwComma O APPROXIMATELY 100 FEET WESTERLY OF EISENHOWER C,d DRIVE Few S_�VL 0C r-4 CASE NO. STREET VACATION 93-024 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Qtanta dash adopt Resolution 93-27, declaring its intention to vacate portions of Calle Tampir; jnd setting the date of May 4, 1993, at the hour of 7:00 P.M., in the La Quinta City Hall City Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed street vacation; and, WHEREAS, pursuant to Sections 8322 and 8323 (Division 9, Part 3, Chapter 3) of the Streets and Highways Code of California, due notice of the Public Hearing was given by publication and posting in the time and manner prescribed by law, and by the mailing of notices of said hearing to abutting property owners; and, WHEREAS, following its discussion of the street vacation application on April 18, 1993, the Planning Commission of the City of La Quinta has determined that the vacation of said street portions is not in conflict with the Infrastructure Element or other policies of the General Plan and the adopted Village Specific Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of ali interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said public street vacation, as follows: Vacation of the subject 30-foot wide portions (of the south one-half) of the public street right-of-way of Calle Tampico 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 portions of the public street right-of-way are no longer necessary to be retained for public street purposes because intersecting street intersections will be replaced with cul-de-sacs, which will improve the immediate neighborhood without increasing the burden of traffic or traffic circulation on Avenida Montezuma, a local City street. RESOCC.131 182657 Resolution 94-13 3. No local public agency has submitted objections to the street vacation proposal, based on City staff's transmittal of January 27, 1993. However, a reservation of an easement from the proposed vacation for any existing public utilities or public service facilities is needed in order to protect such facilities and provide for their continuing use and maintenance. 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the public street easement will transfer and restore possession of an adjoining portion of the vacated right-of-way to the vested owner or owners of each abutting parcel of real property, provided that such vested owner has furnished, in exchange, the portion of his and/or her real property required to complete the cul-de-sacs to replace the existing street intersections. and, WHEREAS, at the conclusion of said public hearing, held at the appointed time and place and on the appointed date, the City Council of the City of La Quinta did approve and adopt Resolution 93-35, conditionally vacating portions of the south one-half of Calle Tampico, which Resolution has been found to contain an uncertain and invalid description of the portions of Calle Tampico to be vacated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1: The City Council of the City of La Quinta hereby determines and orders that said adopted Resolution 93-35 should be and is hereby rescinded, null, and void and of no further force and effect. SECTION 2: The City Council, having elected to proceed under the provisions of Division 9, Part 3, Chapters 2, 3, and 5, 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 portions of the public street known as Calle Tampico described in EXHIBIT A, attached hereto and incorporated herein, are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities, and public convenience requires the vacation of said portions of a public street. SECTION 3: The City Council hereby orders the vacation of the portions of the public street described in EXHIBIT A, attached hereto and incorporated herein, reserving and excepting from the vacation an easement for existing public utilities and public service facilities as described therein. SECTION 4: The City Council hereby determines that adoption of the vacation will not cause significant negative environmental impact and that the vacation of the public street is required by public interest, convenience, safety, and welfare. RESOCC.131 -182057 Resolution 94-13 SECTION 5: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder, that from and after the date of such recordation said portions of the public street vacated no longer constitute a public street or highway, and that such recordation shall not take place until the following conditions have been met: 1. The vested owners of adjoining parcels of real property have duly executed right-of-way conveyances necessary to establish the portions of the cul-de-sac rights -of -way required as provided in the findings hereinabove. 2. Traffic control devices have been installed at Avenida Montezuma and Eisenhower Drive, as required to improve traffic safety at this five -way intersection. SECTION 6: The Citv 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, but only upon written and proper confirmation from the Director of Public Works of the City of La Quinta that the conditions imposed hereinabove under "SECTION 4" have been satisfactorily completed. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of February, 1994, by the following vote to wit: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JO HW If NA, Mjj yo r City of La Quinta, California AT7%1 ST: 1 SAUNDRA L. JUHOLA City Clerk City of La Quinta, California APPROVED AS TO FORM DAWN HONEYWELL, City Attorney City of La Quinta, California RESOCC.131 182657 Resolution 94-13 EXHIBIT A Description of the portions of the south one-half of Calle Tampico vacated Those portions of the south one-half of Calle Tampico in the City of La Quinta, County of Riverside, State of California, described as follows: That portion of Lot A (the south one-half of Calle Tampico, 30 feet wide) of Santa Carmelite at Vale La Quinta, Unit No. 9, as shown on map thereof on tile in Book 18, page 69, of Maps, Records of the County Recorder of said County, lying between a straight line extending from the northeast corner of Lot 1 in Block 69, as shown on said map, to the northerly line of said Lot A, and at right angles thereto, and the following described line: Commencing at the southwest corner of Lot 22 in Block 73 as shown on said map, said corner being a point in the easterly line of Avenida Carranza, 60 feet wide, as shown on said map; Thence North 18°28'57" East a distance of 62.95 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00°03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A; EXCEPTING from the above -described portion the following four (4) parcels, hereinafter described as Parcels A through D: PARCEL A: That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot 1 in Block 73 as shown on said map, said corner being a point in the westerly line of Avenida Ramirez, 60 feet wide, as shown on said map; Thence North 18 ° 35' 12" West a distance of 62.88 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; RESOCC.131 1820517 Resolution 94-13 Thence North 00`03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 22 in Block 72 as shown on said map, said corner being a point in the easterly line of Avenida Ramirez, 60 feet wide, as shown on said map; Thence North 18`32'05" East a distance of 62.78 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00°03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. PARCEL B: That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot I in Block 72 as shown on said map, said corner being a point in the westerly line of Avenida Vallejo, 60 feet wide, as shown on said map; Thence North 18`38'28" West a distance of 62.71 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00'03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest comer of Lot 22 in Block 71 as shown on said map, said corner being a point in the easterly line of Avenida Vallejo, 60 feet wide, as shown on said map; Thence North 18`35'15" East a distance of 62.61 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00`03'00" East, at right angles to the northerly line of said Lot A. a distance of 30 feet to said northerly line of Lot A. RESOCC.131 182057 Resolution 94-13 Thence North 00"03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 1 in Block 69 as shown on said map, said corner being a point in the easterly line of Avenida Velasco, 60 feet wide, as shown on said map; Thence North 18`41'36" East a distance of 62.27 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning-, Thence North 00°03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. RESERVING AND EXCEPTING from the above -described vacated portions an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code of California. RESOCC.131 182057 Resolution 94-13 PARCEL C That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot 1 in Block 71 as shown on said map, said corner being a point in the westerly line of Avenida Herrera, 60 feet wide, as shown on said map; Thence North 18`41'37" West a distance of 62.54 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00°03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 22 in Block 70 as shown on said map, said corner being a point in the easterly line of Avenida Herrera, 60 feet wide, as shown on said map; Thence North 18"38'25" East a distance of 62.44 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00"03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. PARCEL D: That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot I in Block 70 as shown on said map, said corner being a point in the westerly line of Avenida Velasco, 60 feet wide, as shown on said map; Thence North 18`44'47" West a distance of 62.37 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; RESOCC.131 182057 CERTIFICATION I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Resolution No. 94-13 adopted by the La Quinta City Council in a regular meeting held on the 1st day of February 1994. SAUNDRA L. J OLA rty Clerk City of La Quinta, California