CC Resolution 1996-016 Street Vacation - Cortez (Avenida)ft�
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" r' 974 RESOLUTION 96-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, VACATING
PORTIONS OF THE AVENIDA CORTEZ STREET
RIGHT OF WAY IN THE SANTA CARMELITA AT
VALE LA QUINTA SUBDIVISION, UNIT NO. 2.
STREET VACATION 96-028
114844
RECEIVED FOR RECORD
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APR -11996
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Recorder
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'WHEREAS, the City Council of the City of La Quinta did adopt Resolution 96-
07, declaring its intention to vacate a portion of Avenida Cortez, and setting the date
of March 19, 1996, at the hour of 7:00 P.M., in the La Quinta Civic Center 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 of the Public Streets,
Highways and Service Easement Vacation Law, 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 March
12, 1996, 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 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 all 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 portions of the public street right-of-way of Avenida
Cortez 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 Avenida Cortez street right-of-way are
unnecessary for either present or prospective public use or purposes, including
use as non -motorized transportation facilities.
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114844
Resolution No. 96-16
Page 2
3. No local public agency has submitted objections to the proposed street
vacation, based on the City's request for comments issued February 15, 1996.
However, two agencies have requested a reservation of easements across
portions of the proposed vacation area:
a) the Coachella Valley Water District (CVWD) has requested an
easement for an existing sewer line, generally described as a sewer
easement twenty (20) feet wide in the vacated portion of Avenida
Cortez, five (5) feet east of the centerline and fifteen (15) feet west
of the centerline, as more specifically described in Exhibits "A" and
"B„
b) the Imperial Irrigation District (IID) has requested an easement to
facilitate maintenance and create a buffer zone with regard to its
overhead power line located adjacent to the south boundary of the
proposed vacation area.
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 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.
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 portions
of the public streets known as Avenida Cortez, generally located between Calle.
Sinaloa and Avenida Montezuma, and more specifically described in the legal
descriptions and plats, labeled Exhibits "H-H", "Id" AND "J-J", attached hereto and
incorporated herein, are 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 portions of the
public streets described in Exhibits "H-H", "Id" AND "J-J", attached hereto and
incorporated herein, reserving and excepting from the vacation an exclusive easement
twenty (20) feet wide for an existing sewer line owned by the Coachella Valley Water
District (CVWD), as described in SECTION 3, and an exclusive easement ten (10) feet
wide for an existing overhead power line owned by the Imperial Irrigation District, as
described in SECTION 4.
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114844
Resolution No. 96-16
Page 3
SECTION 3: The exclusive easement reserved for the Coachella Valley Water
District (CVWD) is described in Exhibit "A" and "B", attached hereto and incorporated
herein. The easement reserves the following rights and limitations:
a) CVWD's agents and employees, shall at all times have the right of ingress to
and egress from said easement and every part thereof to survey, construct,
reconstruct, lay, relay, maintain, operate, control, use and remove said
pipeline, its fixtures, appurtenances and to remove objects interfering with the
construction, operation and maintenance thereof.
b) Trees, buildings, walls, permanent structures, and any other objects which may
interfere with or endanger the sewer line shall not be placed within the
easement area, except garden walls that perpendicularly cross the sewer line
along the north and south boundary. In the event that CVWD facilities require
maintenance, repair or replacement, CVWD shall not be liable for restoration
of any surface improvements within the easement.
SECTION 4: The exclusive easement reserved for the Imperial Irrigation District
(IID) is described as follows:
The easement covers all of the southerly most ten (10) feet of the vacated area
shown on Exhibits "H-H" and "I -I". IID's agents and employees, shall at all times have
the right of ingress to and egress from said easement and every part thereof to
construct, reconstruct, maintain, operate, control, use and remove said overhead
power line, its fixtures, appurtenances and to remove objects interfering with the
construction, operation and maintenance thereof.
SECTION 5: The City Council hereby determines that adoption of the vacation
will cause no significant negative environmental impact.
SECTION 6: 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:
a) The vested property owner of Lot 5, Block 26 of Avenida Cortez has duly
executed grant deed conveyances for a five (5) foot strip to the property owner
of Lot 1, Block 27 of Avenida Cortez, to allow Lot 1 to fully contain the sewer
easement;
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114814
Resolution No. 96-16
Page 4
b) The vested property owner of Lot 4, Block 26 of Avenida Cortez has duly
executed grant deed conveyances for a five (5) foot strip to the property owner
of Lot 1, Block 27 of Avenida Cortez, to allow Lot 1 to fully contain the sewer
easement;
SECTION 7: The City Council hereby determines and orders that the City Clerk
is hereby authorized and directed to record the grant deeds meeting the conditions
imposed hereinabove under SECTION 6, in the Office of the County Recorder of
Riverside County, California.
SECTION 8: 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.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of March, 1996, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN:None
GLENDA L. HOLT, Mayor
City of La Quinta, California
A ST:
AUNDRA L. HOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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114844
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. 96-16 adopted by the
La Quinta City Council in a regular meeting on March 19, 1996 and has not been repealed or
amended.
AUNDRA L. JUIIOLA, City Clerk
City of La Quinta, California
114844
IM4411111UN "I
That portion of Lot J (Avenida Cortez), of Unit No. 2 of Santa Carmelita at Vale
La Quinta, in the City of La Quinta, as per the map thereof, recorded in Book 18 of Maps,
pages 55 and 56, records of the County of Riverside, State of California, being a 20.00
foot strip of land, 15.00 feet Westerly and 5.00 feet Easterly of the following described
line:
Commencing at the intersection of the centerline of Calle Sinaloa, shown as Lot K
on said Map, with the centerline of said Avenida Cortez, Thence along said centerline of
Avenida Cortez, North 00006123" West, 30.00 feet to the Northerly line of said Calle
Sinaloa and the True Point of Beginning;
Thence, continuing along said centerline, North 00°0623" West, 139.03 feet to the
Southerly line of Avenida Montezuma, shown as Lot B on said Map, and the terminus of
the herein described line.
The sidelines of said 20.00 foot strip shall be lengthened or shortened so as to
terminate Southerly at the Northerly line of said Calle Sinaloa and Northerly at the
Southerly line of said Avenida Montezuma.
A sketch labeled "EXHIBIT B" is attached hereto and made a part of this legal
description.
No. 5563
En. 9-3/ g7,
114814
EZIMIT "A"
That portion of Lot J (Avenida Cortez), of Unit No. 2 of Santa Cmmefita at Vale
IA Quinta, in the City of La Quh ta, as per the map thereof, recorded in Book 18 of Maps,
pages 55 and 56, records of the County of Riverside, State of California, being a 20.00
foot strip of land, 15.00 feet Westerly and 5.00 feet Easterly of the following descrbbed
line:
Commencing at the intersection of the centerline of Calle Sinaloa, shown as Lot K
on said Map, with the centerline of said Avenida Cortez; Thence along said centerline of
Avenida Cortez, North 00006*23" West, 30.00 feet to the Northerly line of said Calle
Sinaloa and the True Point of Beginning;
Thence, continuing along said centerline, North 00"0673" West, 139.03 feet to the
Southerly line of Avenida Mon Comma, shown as Lot B on said Map, and the iermimrs of
the herein described line.
The sidelines of said 20.00 foot strip shall be lengthened or shortened so as to
terminate Southerly at the Northerly fine of said CaIle Sinaloa and Northerly at the
Southerly line of said Avenida Montezuma
A sketch labeled "EXMIT B" is attached hereto and made a part of this legal
description.
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Exhibit "H-H"
LEGAL DESCRIPTION
PORTION OF AVENIDA CORTEZ TO BE VACATED
That portion of Lot J (Avenida Cortez), of Unit 2, of Santa Carmelita at Vale La Quinta,
in the City of La Quinta, as said Lot J is shown on the map filed in Book 18 of Maps,
Pages 55 and 56 thereof, records of Riverside County, State of California and more
particularly described as follows:
Beginning at the centerline intersection of Avenida Cortez, also shown as Lot J and
northerly line of Calle Sinaloa, also shown as Lot K;
thence westerly along the northerly line of Calle Sinaloa South 89' 53' 37" West, 50.00
feet to a point of tangency of curve, concave northwesterly, having a radius of 20.00 feet
and a central angle of 90 ° 00' 00";
Thence easterly and northerly along said curve, a distance of 31.42 feet, to a point of
tangency on the westerly line of Lot J (Avenida Cortez, 60 feet wide);
Thence North 0° 06' 23" West, along the westerly line of said Lot J (Avenida Cortez), 62.00
feet to the beginning of a tangent curve, concave southwesterly, having a radius of 20.00 feet
and a central angle of 124' 40' 00";
Thence northerly, westerly and southwesterly along said curve a distance of 43.52 feet to a
point of tangency of said curve; said point of tangency being on the curve concave
southeasterly, having a radius of 1820.00 feet;
Thence northeasterly along said 1820.00 foot radius curve, said line being the northerly line
of Lot J (Avenida Cortez) and southerly line of Lot B (60 foot wide Avenida Montezuma),
through a central angle of 2° 19' 02", a distance of 73.61 feet to a point on centerline of
Avenida Cortez (Lot J);
Thence southerly along the centerline of Avenida Cortez, south 0° 06' 23" East, 139.07 feet
to the Point of Beginning.
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SEE SECTIONS 3 AND 4 OF STREET
VACATION RESOLUTION 96-16, FOR
UTILITY EASEMENTS RESERVED
WITHIN THE VACATION AREA
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EXHIBIT "H
CITY OF LA QUINTA
RIGHT OF WAY VACATION PLAT
114S44
Exhibit "I-1"
LEGAL DESCRIPTION
PORTION OF AVENIDA CORTEZ TO BE VACATED
That portion of Lot J (Avenida Cortez), of Unit 2, of Santa Carmelita at Vale La Quinta,
in the City of La Quinta, as said Lot J is shown on the map filed in Book 18 of Maps,
Pages 55 and 56 thereof, records of Riverside County, State of California and more
particularly described as follows:
Beginning at the centerline intersection of Avenida Cortez, also shown as Lot J and
northerly line of Calle Sinaloa, also shown as Lot K;
Thence North 00 06' 23" West along the centerline of Avenida Cortez (Lot J), 90.00 feet
to a point on said centerline;
Thence North 89' 53' 37" East, 30.00 feet to the northwest corner of Lot 4, Block 26, of
said Unit 2, of Santa Carmelita at Vale La Quintal -
Thence along the west line of said Lot 4, also being the east line of 60 foot wide Avenida
Cortez (Lot J), South 0° 06' 23" East, 70.00 feet to a point of tangency of a curve,
concave northeasterly, having a radius of 20.00 feet and a central angle of 900 00' 00";
Thence southerly and easterly along said curve, a distance of 31.42 feet to a point
tangency on the northerly line of 60.00 foot wide Calle Sinaloa (Lot K);
Thence westerly along said northerly line, South 89' 53' 37" West, 50.00 feet to the Point
of Beginning.
4
SEE SECTIONS 3 AND 4 OF STREET
VACATION RESOLUTION 96-16, FOR /
UTILITY EASEMENTS RESERVED
WITHIN THE VACATION AREA
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p. Data 9.30.97 �!
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EXHIBIT
CITY OF LA QUINTA
RIGHT OF .WAY VACATION PLAT
Exhibit "J-J"
LEGAL DESCRIPTION
PORTION OF AVENIDA CORTEZ TO BE VACATED
That portion of Lot J (Avenida Cortez), of Unit 2, of Santa Carmelita at Vale La Quinta,
in the City of La Quinta, as said Lot J is shown on the map filed in Book 18 of Maps,
Pages 55 and 56 thereof, records of Riverside County, State of California and more
particularly described as follows:
Commencing at the centerline intersection of Avenida Cortez, also shown as Lot J and
northerly line of Calle Sinaloa, also shown as Lot K;
Thence North 0' 06' 23" West, 90.00 feet along the centerline of Avenida Cortez to a
point which bears South 89' 53' 37" West from the southwest corner of Lot 5, Block 26,
Unit 2 of said Santa Carmelita at Vale La Quinta, and the True Point of Beginning;
Thence continuing along said centerline of Avenida Cortez North 00 06' 23" West, 49.07
feet to a point on the northerly line of Lot J, also being a point on the southerly line of
Lot B and the 60 foot wide Avenida Montezuma;
Said point being on a curve concave southerly, having a radius of 1820.00 feet;
Thence northeasterly along said curve, through a central angle of 1 ° 28' 08", a distance of
46.66 feet, to a point on the northerly line of Lot 5, Block 26, of said Unit 2, of Santa
Carmelita at Vale La Quinta, said point is the beginning of a curve, concave easterly, having
a radius of 20.00 feet, central angle of 59' 0700" and a common tangent with the above
mentioned curve;
Thence westerly and southerly along said curve having a radius of 20.00 feet, and a central
angle of 590 0700", a distance of 20.64 feet to a point on the westerly line of said Lot 5 and
the easterly line of Lot J, (Avenida Cortez);
Thence continuing southerly along said line, South 0° 06' 23" East, 56.36 feet to the
southwest corner of said Lot 5;
Thence South 89' 53' 37" West, 30.00 feet to a point on the centerline of Avenida Cortez
and the True Point of Beginning.
JOSEPH KICAK
\No. 21775
zi Date 9 30 97
ENGINEERING
A.ill Ih I
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SEE SECTIONS 3 AND 4 OF STREET
VACATION RESOLUTION 96-16, FOR
UTILITY EASEMENTS RESERVED
WITHIN THE VACATION AREA
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JOSEPH KICAK
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EXHIBIT "j—j"
CITY OF LA QUI NTA
RIGHT OF WAY VACATION PLAT