CC Resolution 1994-056 Street Vacation - Montezuma & ChihuahuaFLEASE CCMPLETE THIS INFORMATION
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164412
RESOLUTION 94- 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, VACATING A FIVE-FOOT
UTILITY EASEMENT ON THE NORTH SIDE OF LOTS 15
AND 16 OF SANTA CARMELITA AT VALE LA QUINTA
(UNIT 17) GENERALLY 100-FEET NORTH OF CALLE
CHIHUAHUA AND EAST OF AVENIDA MONTEZUMA
CASE: STREET VACATION 94-026
APPLICANTS: FRED WILSONIGERHARD HELDMANN
WHEREAS, the City Council of the City of La Quinta did adopt
Resolution 94-045, declaring its intention to vacate a five foot public utility
easement, and setting the date of August 2, 1994, 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
July 12, 1994, the Planning Commission of the City of La Quinta has determined that
the vacation of said easement is not in conflict with the policies of the General Plan;
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 all interested parties and persons desiring to be heard,
did find the facts to exist justifying the approval and adoption of said public utility
easement vacation, as follows:
1. Vacation of the subject 5-foot wide public utility easement 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 portion of the public easement is no longer necessary to be
retained for public utility purposes because the three parcels will be merged
into one, and the easement is not needed for property to the west.
3. No local public agency has submitted objections to the street vacation proposal
based on City Staff's transmittal of June 22, 1994.
4. Approval and adoption of the proposed public utility easement vacation will not
cause a significant negative impact upon the environment, due, in part, to the
fact that extinguishment of the public utility easement will transfer and
restore possession of an adjoining portion of the vacated public utility
easement to the vested owner or owners of each abutting parcel of real
property.
164412
Resolution 96-5fa.-
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED
by the City Council of the City of La Quinta, in regular session assembled on the 2nd
day of August, 1994, as follows:
SECTION 1: 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 vacating the five foot public
utility easement is not detrimental to any affected public agency as described in
EXHIBIT A, attached hereto and incorporated herein, and is 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 utility easement.
SECTION 2: The City Council hereby orders the vacation of the public
easement described in EXHIBIT A, attached hereto and incorporated herein, as
described therein.
SECTION 3: The City Council hereby determines that adoption of the vacation
request will not cause any significant negative environmental impact and that the
vacation of the public utility easement is in the public interest, convenience, safety,
and welfare of the community.
SECTION 4: 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 easement vacated no longer constitute a public utility
easement, and that such recordation shall not take place until the following
conditions have been met:
1. The three parcels shall be merged into one parcel.
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, but only upon
written and proper confirmation from the Director of Planning and Development of
the City of La Quinta that the condition 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 2nd day of August, 1994, by the following vote,
to wit:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
164412
Resolution 94-56
ATTEST:
AUNDRA JUHOLA, C' y Clerk
City of La Quinta, California
APPROVED AS TO FORMAT:
DAWN HONEYWEL , City Attorney
City of La Quinta, California
Resolution 94-SE
EXHIBIT A _
164412
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
Carmelita at Vale La Quinta, Unit No. 9, as shown on map thereof on file 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*28157" 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*03100" 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 18035112" 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;
Thence North 00003'00" East, at right angles to the northerly line of
said Lot A, a distance of 30 feet to said northerly line of Lot A.
Exhibit A
164412
Resolution 9e-56
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 18032'05" 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 1 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 18038128" 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 00003'00" 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 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 18035'15" 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 00003100" 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 C :
That portion of said Lot A (the south one-half of Calle Tampico) lying between the
following two described lines:
Exhibit A
164412
Resolution 94- 5b
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 00003'00" 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 00003100" 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 1 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*44147" 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;
Thence North 00003'00" 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 18041'36" 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
Exhibit A
164412
Resolution 94- 56
northwesterly line being a tangent curve, concave southeasterly,
having a radius of 20 feet and a length of 31.46 filet, 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.
�j
Exhibit A
164412
EXHIBIT A
LEGAL DESCRIPTION FOR
VACATING 5' WIDE EASEMENT
That portion of five (5') foot wide easement, within Lots 15 and 16, located adjacent
to and southerly of the north line of said Lots 15 and 16, in Block 169, of Unit No.
17, Santa Carmelita at Vale La Quinta, in the City of La Quinta. Said easement is
shown on the map filed in Book 19 of Maps, Pages 19 and 20 thereof, records of
Riverside County, State of California.
164412
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
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. 94-56 adopted by the
La Quinta City Council in a regular meeting on August 2, 1994.
AUNDRA L. JUHOL.., City Clerk
City of La Quinta, California