CC Resolution 1997-053 Street Vacation - Obregon & Montezuma 1997-034PLEASE COMPLETE THIS INFORMATION
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Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
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STCSCSD 998e (Sm B/WI
RESOLUTION 97-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE
AVENIDA OBREGON STREET RIGHT OF WAY IN THE
SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION,
UNIT NO. 2.
STREET VACATION CASE NO. 97-034
WHEREAS, the City Council of the City of La Quinta did adopt Resolution
97-41, declaring its intention to vacate a portion of Avenida Obregon, and setting the
date of July 1, 1997, 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 public posting in the time and manner prescribed by law, and,
WHEREAS, following its discussion of the street vacation application on
May 13, 1997, 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
Obregon 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 Obregon 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 May 6, 1997.
However, one agency has requested the reservation of an easement across a
portion of the proposed vacation area:
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a) The Southern California Gas Company has requested an easement for
an existing gas line, generally described as a gas line easement
twenty (20) feet wide in the vacated portion of Avenida Obregon, as
more specifically described within Exhibits "A" and "B".
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 the
vacated right-of-way to the vested owner of the 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 Obregon, generally located near the intersection of Avenida
Montezuma, and more specifically described in the legal descriptions and plats, labeled
Exhibits "A" and "B", 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 Exhibit "A" and shown on Exhibit "B", attached hereto and
incorporated herein, reserving and excepting from the vacation an exclusive easement
twenty (20) feet wide for an existing gas line owned by the Southern California Gas
Company, as described in SECTION 3.
SECTION 3: The exclusive easement reserved for the Southern California Gas
Company is included in Exhibit "A" and "B", attached hereto and incorporated herein.
The easement reserves the fo'lowing rights and limitations:
a) The Gas Company's agents and employees, shall at all times have the right of
ingress to and egress from said easement and every par* 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.
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b) Trees, buildings, walls, permanent structures, and any other objects which may
interfere with or endanger the gas line shall not be placed within the easement
area, except garden walls that perpendicularly cross the gas line along the parcel
boundary. In the event that the facilities require maintenance, repair or
replacement, The Gas Company shall not be liable for restoration of any surface
improvements within the easement.
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 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.
SECTION 6: 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 1 st day of July, 1997, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSTAIN: None
GLAmnA.HOLT, Mayor
City of La Quinta, California
ATTEST:
9AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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"EXHIBIT A"
Being a portion of Avenida Montezuma and a portion of Avenida Obregon as shown by the Map
of the Santa Carmelita at Vale La Quinta, Unit No. 2, in the City of La Quinta as shown by
Map on file in Book 18, at pages 55 and 56 of Maps, Official Records of Riverside County,
California being more particularly descried as follows:
BEGINNING at the most Southwesterly comer of Lot 2, Block 19 of Santa Carmelita at Vale
La Quinta No. 2, in the City of La Quinta, as shown by Map on file in Book 18 of Maps,
at pages 55 and 56 of Maps Official Records of Riverside County, California;
Thence South 89 53' 37" West, along the Westerly prolongation of the South line of said
Lot 2 a distance of 59.90 feet to the Southeasterly right of way of Avenida Montezuma, having
a half -width of 30.00 feet as shown on said Map;
Thence North 37 56' 07" East, along the Southeast right of way of Avenida Montezuma, a
distance of 88.88 feet to a point of intersection with the Westerly prolongation of the
North line of said Lot 2 and the Southeast right of way of Avenida Montezuma;
Thence North 89 53' 37" East, along the Westerly prolongation of the North line of said Lot 2
to a point in a non -tangent curve, having a radial bearing of South 79 45' 04" East and having
a radius of 40.00 feet, a distance of 5.78 feet to the Northwest corner of said Lot 2;
Thence Southerly, along said curve in the West line of Lot 2, through a central angle of
10 21' 19" an arc distance of 7.23 feet to the end of the curve;
Thence South 00 06' 22" East along the West line of Lot 2 a distance of 62.81 feet to the
POINT OF BEGINNING.
Contains: 2278 Sq. Feet.
Reserving therefrom an exclusive easement for gas pipelines in favor of the Southern California
Gas Company over a strip of land, 20.00 feet in width, lying 10.00 feet on each side of a line
parallel with and 15.00 feet West of the West line of said Lot 2.
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'EXHIBIT. B'
SHOWING THE VACATION OF A
PORTION OF AVENIDA OBREGON.
AS SHOWN BY M.B.18/55-56 IN
THE CITY OF LA QUINTA•
CALIFORNIA.
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LOT 1
�N 89'53'37•E
5.78
N 89.53'370E 99.35
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R-40.00
L-7.23
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LOT 2 (MEYER)
A.P.N. 773-081-002
GAS EASEMENT
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SANTA CARMELITA AT
VALE LA OUINTA.
UNIT NO. 2, M.B.18/55-56
LOT 3
PROPOSED R/W AVENIDA OBREGON
EXISTING R/W AVENIDA OBREGON
prepared by:
TRI-STATE LAND SURVEYORS
AND CIVIL ENGINEERS
78035 Calle Estado
La Ouinta, CA 922
(760) 564-0271 hmn1
3-336509
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing Resolution No. 97-53 is a full, true and correct copy
adopted by the City Council on July 1, 1997.
DATED: July 21, 1999
x' UNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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