CC Resolution 1998-033 Street Vacation - Obregon & Montezuma SV 1998-037RESOLUTION 98-33
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. 98-037
191658
RECEIVED FOR RECORD
AT 8:00 AM
MAY 13 1998
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WHEREAS, the City Council of the City of La Quinta did adopt Resolution 98-
09, declaring its intention to vacate a portion of Avenida Obregon, and setting the date
of March 17, 1998, 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,L LS y
WHEREAS, the City Council of the City of La Quina did continue the Public
Hearing scheduled for March 17, 1998, to April 21, 1998, 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 January
27, 1998, 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 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.
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ResoWtion No. 98-33
Page 2
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 January 12, 1998.
However, two agencies have requested the reservation of easements across
portions of the proposed vacation area:
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"
b) the Coachella Valley Water District requested that a private easement
be retained for a sanitary sewer lateral to the adjoining property,
generally described as a triangular easement, located over the
northwest corner of 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 tie 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.
Resolution No. 98-33
Page 3
19zss8
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, and a private triangularly shaped sanitary sewer lateral easement, as
described in SECTION 3 and 4.
SECTION 3: The exclusive pipeline easement reserved for the Southern
California Gas Company is included in Exhibit "A" and "B", attached hereto and
incorporated herein. The easement reserves the following 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 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 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 exclusive private sanitary sewer easement reserved in favor of
the adjoining landowner is included in Exhibit "A" and "B", attached hereto and
incorporated herein. The easement reserves the following rights and limitations:
a) The adjoining landowner'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 sanitary sewer lateral, 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 sanitary sewer lateral shall not be placed within
the easement area, except garden walls that perpendicularly cross the lateral
along the parcel boundary. In the event that the facilities require maintenance,
repair or replacement, the adjoining land owner shall not be liable for restoration
of any surface improvements within the easement.
1 91658
Resolution No. 98-33
Page 4
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.
SECTION 7: The City Council hereby determines and orders that the City Clerk
is hereby authorized and directed to record the Grant of Easement Deed 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, California.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 21 st day of April, 1998, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOH;V J. PENA, IL4dyor
City of La Quinta, California
ATTEST:
AUNDRA L. JU LA, City Clerk
City of La Quinta, California
191658
Resolution No. 98-33
Page 5
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Atto ney
City of La Quinta, California
191658
"EXHIBIT A"
Street Vacation Case No. 98-037
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 described as
follows:
BEGINNING at the northwest corner of Lot 3, Block 19 of said Map;
Thence South 00006'22" East, a distance of 50.00 feet to the southwest corner of the North half
of said Lot 3,
Thence South 89053'37" West, a distance of 23.63 feet to the beginning of a non -tangent curve
concave southwesterly and having a radius of 100.00 feet, a radial through said point bears
North 49040'57" East,
Thence northwesterly along said curve through a central angle of 11044'50", an arc distance of
20.50 feet to a point of tangency;
Thence North 52003 53" West, a distance of 26.02 feet,
Thence North 07003'53" West, a distance of 18.38 feet,
Thence North 37°56'07" East, a distance of 1.93 feet to a point in the westerly prolongation of
the North line of said Lot 3,
Thence North 89053'37" East, a distance of 59.90 feet to the point of beginning.
Contains 2399 square feet, or 0.0551 Acres.
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.
Also reserving therefrom an easement for sewer pipelines in favor of the current owners of Lot
2, Block 19 of said Map, their heirs and assigns, over the following described property:
Commencing at the northwest corner of said Lot 3;
Thence South 89053'37" West, a distance of 34.90 feet to the point of beginning.
Thence continuing South 89053'37" West, a distance of 25.00 feet,
Thence South 37056'07"West, a distance of1.93 feet;
Thence South 07003'53"East, a distance of 10.00 feet;
Thence North 65016'13"East, a distance of 27.48 feet to the point of beginning.
191658
"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.
STREET VACATION CASE
NO. 98-037
1.93�
SEWE LATERAL
EAS ENT FORS
L 2
N 07.03'53C
18.38
30'
07
N '15' 15"
cv
o QI 0'
o�
o N 10' 1 10'
z
30'
12'
LOT 1
SANTA CARMELITA AT
VALE LA OUINTA,
UNIT NO. 2, M.B.18/55-56
LOT 2
N 89053'37"E 100.00
20' GAS EASEMENT
NORTH HALF OF LOT 3
(DORAN) A . P , N ,
773-081-014
R-100.00 o-11044'50"
L-20.50 T=10.29
N 89°53'37"E 100.00
�N 89°53'37"E
23.63
PROPOSED R/W AVENIDA OBREGON
EXISTING R/W AVENIDA OBREGON
SOUTH HALF OF LOT 3
LOT 4
1`916S8
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 THAT THE FOREGOING RESOLUTION NO. 98-33 WAS
ADOPTED BY THE LA QUINTA CITY COUNCIL IN A REGULAR MEETING HELD ON
APRIL 21, 1998 AND HAS NOT BEEN AMENDED OR REPEALED.
Dated: March 30, 1998
ZLUNDORA L. JUH LA, City Clerk
City of La Quinta, California
^"R EXHIBIT A"
Street Vacation Case No. 98*37
A portion of Avenida Obregon as shown by the Map of the Santa Carmelita at Vale La Ouinta,
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 described as
follows:
BEGINNING at the northwest comer of Lot 3, Block i9 of said Map;
Thence South 00006.22.. East, a distance of 50.00 feet to the southwest comer of the North half
of said Lot 3;
Thence South 89053.37.. West, a distance of 23.63 feet to the beginning of a non-tangent curve
concave southwesterly and having a radius of 100.00 feet, a radial through said point bears
North 49040.57.. East;
Thence northwesterly along said curve through a central angle of I * an arc distance of
20.50 feet to a point of tangency;
Thence North 52003.53.. West, a distance of 26.02 feet
Thence North 0*03'53" West, a distance of 18.38 feet
Thence North 37056.07.. East, a distance of 1.93 feet to a point in the westerly prolongation of
the North line of said Lot 3;
Thence North 89053.37.. East, a distance of 59.90 feet to the point of beginning.
Contains 2399 square feet, or 0.0551 Acres.
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.
Also reserving therefrom an easement for sewer pipelines in favor of the current owners of Lot
2, Block 19 of said Map, their heirs and assigns, over the following described property:
Commencing at the northwest comer of said Lot 3;
Thence South 89053.37* West, a distance of 34.90 feet to the point of beginning.
Thence continuing South 89o53.37* West, a distance of 25.00 feet;
Thence South 37056'07*West, a distance ofi 93 feet;
Thence South 07003'53"East, a distance of 10.00 feet
Thence North 65016'13*East, a distance of 27.45 feet to the point of beginning. *
w'c.u
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^"R U
EXHIBIT B"
SHOWING THE VACATION OF A
PORTION OF AVENIDA OBREGON,
LOT I li
AS SHOWN BY M.B.16/55-*6 IN
THE CITY OF LA GUINTA,
CALIFORNIA.
STREET VACATION CASE
NO. 98-037
4 I SANTA CARMELITA AT
4-
0 VALE LA GUINTA,
+ 15 15 UNIT NO. 2. M.B.iB/55-56
* 4 * * LOT 2
+ o-.j 0'
SEWE LATERAL
L 2 N 6g*53'37"E 100.00
20' GAS EASEMENT
NORTH HALF OF LOT 3
0.10 OORANI A.P,N.
no. 773-OSI-014
R-100.00 *-11'AA'50
L-20.50 T-10.29
N B9**3'37*E 100.00
Q0\V* PROPGSEO * AVENI*A O9REGON
EXISTING R/W AVENIDA OBREGON
SOUTH HALF OF LOT 3
LOT 4
0In
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^"R No Recording Fee Required Per
Government Code Section 27383
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
Karin Meyer
39-857 Desert Sun Drive
Rancho Mirage, CA 92270
MAIL TAX STATEMENTS TO:
Same as above
wee. above th*e bra for Recorders use
GRANT OF EASEMENT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged,
THE GRANTOR, WIUJAM E. DORAN and VERNA H. DORAN, Trustees for the Doran
Family Trust Dated 9/10/81,
hereby grants to, KARIN MEYER, A Single Woman, hereinafter referred to as GRANAEE,
an casement in, on, under, across and through all that real property described per Exhibit A" and
shown in Exhibit B", attached hereto and made a part hereof for sanitary sewer lateral purposes
in favor of Lot 2.
The easement provides the right to enter upon said lands, to survey, construct, reconstruct, lay,
relay, maintain, operate, control, use, and remove pipelines, fixtures and appurtenances, and to
remove objects interfering with construction, operation and maintenance thereof.
Executed this / **day of A L, 1998, at * c*..
Trustees for the Doran Family Trust
By________________
WILLIAM E. DORAN
By * *
VERNA H. DORAN
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^"RSTATE OF CALIFORNIA
55.
COUNTYOF Los Angeles
On A*ril 1. 1998 beforeme, Gonzalo Bueno, NOtary Public
Name. Titie. e.*. *Jane Doe, Notarv Public
personaIIyappearedwjiijp* F Doran & Verna R Doran
Nameis) of Signeris)
0 personally known to me OR
* proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed hereinabove and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
MvC*nm.*pbesJul1.2*1*
Signatu,
CAPACITY CLAIMED BY SIGNER:
*Xi Individual
o Corporate Officer(s):
Title(s)
o Partner(s): 0 Limited 0 General
o Attorney-in-Fact
o Trustee(s)
o Guardian/Conservator
o Other:
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to another document.
Title or Type of Document * *
THIS CERTIFICATE
MUST BE ATTACHED Number of Pages *
TO TI-lE DOCUMENT Date of Document
/ I
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above: *
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^"R EXHIBIT A"
SANITARY SEWER LAThRAL EASEMENT
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 described as
follows:
Commencing at the northwest corner of Lot 3, Block 19 of said Map;
Thence South 89*53'37" West, a distance of 34.90 feet to the p6int of beginning.
Thence continuing South 89*53'37" West, a distance of 25.00 feet;
Thence South 37o56*07* West, a distance of 1.93 feet;
Thence South 07*03'53" East, a distance of 10.00 feet;
Thence North 65* 16' 13" East, a distance of 27.48 feet to the point of beginning.
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^"R U
EXHIBIT B"
LOT I
I SANTA CARMELITA AT
4 0 VALE LA GUINTA.
* 15 15 UNIT NO. 2. M.B.1S/*5-55
* 4 *. LOT 2 *OO
SEWE LATERAL
N 8*53'37* 100.00
GAS EASEMENT
* 3
NORTH HALF OF LOT 3 *
WORAN) A.P.N. a
0*
773-081-014
R-100.00 *11*dd'*
N S*53*37*E *00.0O
23.e3
SOUTH HALF OF LOT 3
a
en
30
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