CC Resolution 1996-036 Street Vacation - Montezuma (Avenida)PLEASE COMPLETE THIS INFORMATION
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26 f 393
RESOLUTION 96-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, VACATING PORTIONS OF
STREET RIGHT OF WAY AT VARIOUS LOCATIONS IN THE
SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION,
UNIT NO. 17.
STREET VACATION CASE NO. 96-031
WHEREAS, the City Council of the City of La Quinta did adopt Resolution 96-
30, declaring its intention to vacate various certain parcels of street right of way, in
the Cove, on Avenida Montezuma, and setting the date of June 4, 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,
WHEREAS, following its discussion of the street vacation application on April
23, 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:
1. Vacation of the subject portions of the public street right-of-way 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 street right-of-way are unnecessary for either
present or prospective public use or purposes, including use as non -motorized
transportation facilities.
3. No local public agency has submitted objections to the proposed street
vacation, based on the City's request for comments issued March 18, 1996.
However, several agencies have requested a reservation of easements across
portions of the proposed vacation areas:
f:\pwdept\councd\cc96mtgs\960604d
26'7393
Resolution No. 96-36
Page 2
a) the Imperial Irrigation District (IID), General Telephone (GTE), and
Continental Cablevision (CATV) have requested easements to
facilitate maintenance and create buffer zones with regard to
overhead and/or underground electrical power, telephone and cable
television lines located through the portions of street right of way
known as exhibits "W", "X", "Y", and "Z". The easements are
specifically described in Section 3.
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 Montezuma, and more specifically described in the legal
descriptions and plats, labeled Exhibits "W", "X", "Y", and "Z", 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 "W", "X", "Y", and "Z", attached hereto and
incorporated herein, reserving and excepting from the vacation exclusive easements
as described in SECTION 3.
SECTION 3: The following public utility easements reserved for the Imperial
Irrigation District (IID), General Telephone (GTE), and Continental Cablevision (CATV)
are described as follows:
a) A pair of 10 foot strips running parallel to the existing Avenida Montezuma right
of way, with one 15 foot wide cross over, the easements described and shown
in exhibit "W-W", attached hereto and incorporated herein;
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26'7393
Resolution No. 96-36
Page 3
IID, GTE, and CATV'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 and/or
underground utility lines, its fixtures, appurtenances and to remove objects interfering
with the construction, operation and maintenance thereof.
SECTION 4: The City Council hereby determines that adoption of the vacation
will cause no significant negative environmental impact.
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.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 4th day of June, 1996, by the following vote to wit:
AYES: Council Members Adolph, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: Council Member Henderson
ABSTAIN: None
GLENDA L. HOLT, Mayor
City of La Quinta, California
A17TEST:
SAUNDRA L. JUKOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWEL , City Attorney
City of La Quinta, California
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26'7393
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. 96-36 adopted by the La
Quinta City Council in a regular meeting on June 4, 1996 and has not been repealed or amended.
;AU:::ZDRA L. JUHOL , City Clerk
City of La Quinta, California
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RIGHT OF WAY VACATION PLAT
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EXHIBIT "W"
That portion of Section 12, Township 6 South, Range 6 East, S. B. B. & M.
in the City of La Quinta, County of Riverside, State of California, more
particularly described as follows:
Beginning at the Northwest corner of Lot 7, Block 167, Unit No. 17, Santa
Carmelita at Vale La Quinta, as per map on file in Book 19, Pages 19 and 20 of
Maps, Records of Riverside County, State of California, being a point on a curve
having a radius of 1010.00 feet, through which point a radial line to the radius
point of said curve bears South 550 15' 54" West;
THENCE Southeasterly along the Southwesterly line of said Lot 7, being also
along the arc of said 1010.00 foot radius curve, through a central angle of
50 36' 30", for an arc distance of 98.86 feet, to a point of reverse curvature
through which point a radial line to the radius point of said curve bears South
600 52' 24" West;
THENCE continuing along the Southwesterly and Southerly line of said Lot
7, Southeasterly and Easterly on a curve to the left , having a radius of 30.00
feet, concave Northerly, through a central angle of 111` 15' 42", for an arc
distance of 58.26 feet, to a point of cusp, through which point a radial line to
the radius point of said curve bears North 50 23' 18" West, being also the
intersection of said 30.00 foot radius curve with a curve having a radius curve
of 530.00 feet, through which point a radial line to the radius point of said
curve bears North 80 42' 49" West;
THENCE Southwesterly along the arc of said 530.00 foot radius curve,
concave Northwesterly, through a central angle of 1 11' 28" for an arc distance
of 11.02 feet, through which point a radial line to the radius point of said
curve bears North 79 31' 20" West;
THENCE leaving said curve, South 890 57' 15" West, along a line parallel
to the North line of said Lot 7, a distance of 107.64 feet to a point in a curve
having a radius of 950.00 feet, through which point a radial line to the radius
point of said curve bears South 59` 55' 13" West;
THENCE Northwesterly along the arc of a 950.00 foot radius curve, concave
Southwesterly, through a central angle of 4 39' 19", for an arc distance of
77.19 feet to a point thereon, through which point a radial line to the radius
point of said curve bears South 550 15' 54" West;
THENCE North 55` 15' 54" East along the Northeasterly prolongation of said
radial line, a distance of 60.00 feet to the Point of Beginning.
Contains 5,929.3 S.F. (0.14 Acres).
JOSEPH KICAK
No. 21775
Exp. Date 9-30-97
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CIVIL
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VACATION AREA, AS SHOWN AND
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EXHIBIT II XII
CITY OF LA QUINTA
RIGHT OF WAY VACATION PLAT
267393
EXHIBIT "X"
That portion of Section 12, Township 6 South, Range 6 East, S. B. B. &
M. in the City of La Quinta, County of Riverside, State of California, more
particularly described as follows:
Beginning at the Northwest corner of Lot 6, Block 167, Unit No. 17,
Santa Carmelita at Vale La Quinta, as per map on file in Book 19, Pages 19
and 20 of Maps, Records of Riverside County, State of California, being a
point on a curve having a radius of 1010.00 feet, through which point a
radial line to the radius point of said curve bears South 510 44' 17" West;
THENCE Southeasterly along the Southwesterly line of said Lot 6, being
also along the arc of said 1010.00 foot radius curve, through a central
angle of 30 31' 37", for an arc distance of 62.17 feet, to the Southwest
corner of said Lot 6, through which point a radial line to the radius point
of said curve bears South 550 15' 54" West;
THENCE South 550 15' 54" West, along said radial line, a distance of
60.00 feet to a point in the Southwesterly Right of Way line of Avenida
Montezuma (Lot "0-);
THENCE Northwesterly along said Southwesterly Right of Way line, being
also along the arc of a 950.00 foot radius curve, (concentric to said
Southwesterly line of said Lot 6), concave Southwesterly, through a central
angle of 30 31' 37", for an arc distance of 58.48 feet, to a point thereon,
through which point a radial line to the radius point of said curve bears
South 510 44' 17';
THENCE North 510 44' 17" East, along said radial line, a distance of
60.00 feet to the Point of Beginning.
Contains 3619.4 Sq. Ft. (0.08 Ac.)
JOSEPH KICAK
No. 21775
Exp. Date 9.30.93
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EASEMENTS RESERVED WITHIN THE
VACATION AREA, AS SHOWN AND
DESCRIBED IN EXHIBIT "W-W '.
EXHIBIT 'Y°
CITY OF LA QUINTA
RIGHT OF WAY VACATION PLAT
26'7393
EXHIBIT "Y"
That portion of Section 12, Township 6 South, Range 6 East, S. B. B. &
M. in the City of La Quinta, County of Riverside, State of California, more
particularly described as follows:
Beginning at the Northwest corner of Lot 5, Block 167, Unit No. 17,
Santa Carmelita at Vale La Quinta, as per map on file in Book 19, Pages 19
and 20 of Maps, Records of Riverside County, State of California;
THENCE South 390 21' 30" East along the Southwesterly line of said Lot
5, said Block 167, a distance of 45.17 feet;
THENCE continuing along the Southwesterly line of said Lot 5, being
also along a 1010.00 foot radius curve to the right, tangent to the
last described course, concave Southwesterly, through a central angle of
1° 05' 47", for an arc distance of 19.33 feet to the Southwest corner of
said Lot 5, through which point a radial line to the radius point of said
curve bears South 510 44' 17" West;
THENCE South 510 44' 17" West, along said radial line, a distance of
60.00 feet to a point in the Southwesterly Right of Way line of Avenida
Montezuma (Lot "0");
THENCE Northwesterly along said Southwesterly Right of Way line, being
also along the arc of a 950.00 foot radius curve, (concentric to said
Southwesterly line of said Lot 5), concave Southwesterly, through a central
angle of 10 05' 47", for an arc distance of 18.18 feet;
THENCE North 390 21' 30' West, along said Southwesterly Right of Way
line, a distance of 45.17 feet;
THENCE North 500 38' 30" East, a distance of 60.00 feet to the Point of
Beginning.
Contains 3835.6 S.F. (0.09 Acres).
JOSEPH KICAK
No. 21775
Exp. Date 9-30.93
CIVIL
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No. 21775
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RESOLUTION 96-36, FOR UTILITY
EASEMENTS RESERVED WITHIN THE
VACATION AREA, AS SHOWN AND
DESCRIBED IN EXHIBIT "W-W,,.
CITY OF LA QUINTA
RIGHT OF WAY VACATION PLAT
EXHIBIT °Z°I
2G 7393
EXHIBIT "Z"
That portion of Section 12, Township 6 South, Range 6 East, S. B. B. &
M. in the City of La Quinta, County of Riverside, State of California, more
particularly described as follows:
Beginning at the Northwest corner of Lot 8, Block 167, Unit No. 17,
Santa Carmelita at Vale La Quinta, as per map on file in Book 19, Pages 19
and 20 of Maps, Records of Riverside County, State of California;
THENCE South 000 03' 00" West along the Westerly line of said Lot 8,
said Block 167, a distance of 18.75 feet;
THENCE continuing along said Westerly line, Southeasterly along a
curve, having a radius of 40.00 feet, tangent to the last described course,
concave Northeasterly, through a central angle of 390 24' 00", for an arc
distance of 27.51 feet;
THENCE continuing along said Westerly line, South 39° 21' 30" East,
along a line tangent to the last described curve, a distance of 7.50 feet
to the Southwest corner of said Lot 8;
THENCE South 500 38' 30" West, a distance of 60.00 feet to a point in
the Southwesterly Right of Line of Avenida Montezuma (Lot "0');
THENCE North 390 21' 30" West, along said Right of Way line, a distance
of 58.29 feet, to the intersection of Right of Way line with a curve having
a radius of 49.57 feet, through which point a radial line to the radius
point of said radius curve bears North 230 50' 29" East;
THENCE Northeasterly along the arc of said 49.57 foot radius curve,
through a central angle of 1110 03' 27", for an arc distance of 96.08 feet
to the Point of Beginning, through which point a radial line to the radius
point of said curve bears North 870 12' 58" West.
Contains 2341.0 S.F. (0.05 Acres).
JOSEPH KICAK
No. 21775
Exp. Date 9.30-93
CIVIL
ENGINEERING /
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EXHIBIT "W-W"
LEGAL DESCRIPTION
BEING A PORTION OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN
BERNARDINO MERIDIAN IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, LYING WITHIN AVENIDA MONTEZUMA, (60.00 FEET IN
WIDTH) AS SHOWN BY THE MAP OF UNIT 17, SANTA CARMELITA AT VALE LA
QUINTA, ON FILE IN BOOK 19 OF MAPS AT PAGES 19 THROUGH 20, RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEING A STRIP OF LAND 15.00 FEET IN WIDTH WITH THE SOUTHERLY LINE OF
SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 167, AS SHOWN BY
SAID MAP, SAID CORNER ALSO BEING ON A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 49.57 FEET, A RADIAL LINE THROUGH SAID CORNER BEARS
NORTH 87012'58" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 111003'00" AN ARC DISTANCE OF 96.08 FEET TO THE SOUTHWESTERLY RIGHT
OF WAY OF SAID AVENIDA MONTEZUMA, SAID ARC OF SAID CURVE
HEREINAFTER REFERRED TO AS COURSE "A";
THENCE ALONG SAID RIGHT OF WAY, SOUTH 39-21130" EAST A DISTANCE OF
103.99 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 950.00 FEET;
May 15, 1996
40264.000
CITY OF LA QUINTA
EX „w-w,
PAGE I OF 2
26'7393
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
9016'43" AN ARC DISTANCE OF 153.85 FEET ;
THENCE LEAVING SAID RIGHT OF WAY, NORTH 89°58'27" EAST A DISTANCE OF
14.80 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF SAID
STRIP;
THENCE ALONG A COURSE, HEREINAFTER REFERRED TO AS COURSE "B", NORTH
59054'54" EAST A DISTANCE OF 47.17 FEET TO THE NORTH EASTERLY RIGHT OF
WAY OF SAID AVENIDA MONTEZUMA, ALSO BEING THE TERMINUS OF THE
SOUTHERLY LINE OF SAID STRIP, -
THE NORTHERLY LINE OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO
TERMINATE AT THE NORTHEASTERLY END AT THE SAID NORTHEASTERLY
RIGHT OF WAY AND AT THE SOUTHWESTERLY END AT SAID SOUTHWESTERLY
RIGHT OF WAY.
PARCEL 2
A STRIP OF LAND, BEING THE SOUTHWESTERLY 10.00 FEET OF SAID AVENIDA
MONTEZUMA,-
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF SAID COURSE
"All -,
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE
PARALLEL WITH AND 15.00 FEET NORTHWESTERLY, MEASURED AT RIGHT
ANGLES TO SAID COURSE "B".
PARCEL 3
A STRIP OF LAND, BEING THE NORTHEASTERLY 10.00 FEET OF SAID AVENIDA
MONTEZUMA;
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF SAID COURSE
"A"l-
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE
PARALLEL WITH AND 15.00 FEET NORTHWESTERLY, MEASURED AT RIGHT
ANGLES TO SAID COURSE "B".
THE ABOVE DESCRIBED PARCELS OF LAND BEING SHOWN ON THE ATTACHED
EXHIBIT AND HEREBY BEING MADE A PART THEREOF.
May 15, 1996
40264.000
CITY OF LA QUINTA
Ex"W_W"
PAGE 2 OF 2