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CC Resolution 1999-141 Street Vacation - Vista VenturaPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: G-V•AoF1c�Qu�Yrk. P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 DOC a 2001--371319 08/07/2001 08:00A Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY I LONG I REFUND I NCHG EXAM SPACE ABOVE FOR RECORDER'S USE ONLY �f of�oh 1�G °1 °l --I L4 t 1mc - (tOn Titl Crc4nt U S-/ EF/ � 1\ I Y ON - THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 0 mLW STC-SCSD 998a (Rev 8/97) RESOLUTION NO. 99-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUANTA, CALIFORNIA, VACATING A PORTION OF THE VISTA VENTURA SERVICE AND EMERGENCY VEHICLE EASEMENT IN THE MOUNTAIN ENCLAVE ESTATES, TRACT 25237. STREET VACATION CASE NO. 99-039 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 99- 126, declaring its intention to vacate a portion of Vista Ventura service and emergency vehicle easement, and setting the date of October 19, 1999, 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 September 14, 1999, the Planning Commission of the City of La Quinta has determined that the vacation of said portion of the service and emergency vehicle easement 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 service and emergency vehicle easement vacation, as follows: 1 . Vacation of the subject portions of the Vista Ventura service and emergency vehicle 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 portions of the Vista Ventura service and emergency vehicle easement are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. Resolution No. 99-141 Street Vacation No. 99-039 Adopted: October 19, 1999 Page 2 3. No local public agency has submitted objections to the proposed service and emergency vehicle easement vacation, based on the City's request for comments. However, several agencies have requested that a public utility easement be provided across the property frontage. A) General Telephone (GTE) and the Imperial Irrigation District Power Division (IID) have requested that a public utility easement be provided along the property frontage to facilitate maintenance with regard to underground telephone and electric power lines located through the portions of land known as exhibits "A" & "B". The public utility easement is specifically described in Section 3. 4. Approval and adoption of the proposed service and emergency vehicle easement vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the easement will restore possession of the vacated service and emergency vehicle easement 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 Vista Ventura service and emergency vehicle easement, generally located near the intersection of Vista Rosa, 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 Vista Ventura service and emergency vehicle easement described in Exhibit "A" and shown on Exhibit "P", attached hereto and incorporated herein, reserving and excepting from the vacation exclusive easements as described in SECTION 3. IIIIII I II IIIII II IIII II w/e001'�:'ee9eeA �. Resolution No. 99-141 Street Vacation No. 99-039 Adopted: October 19, 1999 Page 3 SECTION 3: A public utility easement is provided for General Telephone (GTE), the Imperial Irrigation District Power Division (IID), and all public utility agencies having facilities in said parcel, and is granted and described in a Grant of Easement Deed recorded separate from this document. 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 this parcel no longer constitute a service and emergency vehicle easement. SECTION 6: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record the original Grant of Easement Deed for a public utility easement, in the Office of the County Recorder of Riverside County, California. SECTION 7: 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, after or simultaneous with the documents of SECTION 6. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 1999, by the following vote to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOH PEF4A, ayor City of La Quinta, California 1111111111111111111111111111111111111111111111111111111 aPrea�;of e��aa9�A Resolution No. 99-141 Street Vacation No. 99-039 Adopted: October 19, 1999 Page 4 ATTEST: joEtXN&AHENSLEY, De ty City Clerk City of La Quinta, California APPROVED AS TO FORM: IVA /i DAWN C. HONEYWEL , City Attorney City of La Quinta, California '06 6 M Gw* tw 1ht *soft to A^ *mew 6Y w f 0001d � CMS II IIII III II III II III I II e�01, e`1�19eeA STREET VACATION CASE 99-039 EXHIBIT "A" A PARCEL OF LAND LOCATED IN LOT "C" OF TRACT MAP NO.25237, IN THE CITY OF LA QUINTA, CALIFORNIA, AS SHOWN ON MAP ON FILE IN BOOK 229 OF MAPS PAGES 95 THROUGH 99, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CA., MORE PARTICULARLY DESC�ED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 53 OF SAID MAP TO WHICH POINT OF BEGINNING A RADIAL LINE BEARS N 84°07' 53" E; THENCE SOUTHERLY ALONG SAID CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 45.50 FT. THROUGH A CENTRAL ANGLE OF 43048'21" AN ARC LENGTH OF 34.79 FT. TO WHICH A RADIAL LINE BEARS N 40°19'32" E; THENCE N 89°52' 12" W A DISTANCE OF 109.28 FT. TO THE SOUTHEAST CORNER OF LOT 54 OF SAID TRACT; -- THENCE N 00°06' 50" E ALONG THE EAST LINE OF SAID LOT 54 A DISTANCE OF 30.00 FT. TO THE COMMON LOT CORNER OF LOTS 53,54 AND LOT "C" OF SAID TRACT; THENCE S 89°52' 12" E ALONG THE SOUTH LINE OF SAID LOT 531 A DISTANCE OF 93.41 FT; TO THE TRUE POINT OF BEGINNING. CONTAINING 2,965 SQ. FT. (0.06 ACRES) MORE OR LESS. �-gfEssjay4 It y � o. C-24176 . vnl 2001-371319 EXHIBIT "B" STREET VACATION CASE NO. 99-039 W AREA OF LOT "C" TO BE VACATED. —� 1 b — 16'39'07" R - 202.00' T - 29.56' L - 5&71' b - 48'39'38" R - 96.00' JQ`P s ' T 44.31 L = 8123'�/�'�' t• :: % .:.: 0 - 104'46'35" R = 43 50' N 84007'530 EfR �r L — 79.55' N7S21 ��9 �;41 �0 1 73•53 LOT "C" •� , f 109-28 N 89'5212' w ' ,r o I I. T 11• III `f� f I• T I• • 11 +d A VENIDA FERNANDO uNE TABLE run acenrun MICTAMIV L 1 N00'06'50"E 30.00' L2 N00007'48"E 13.01 of ZIL W.-Mo rif-TIL"Idill ��Wn"- il Map Prepared By. Feira Engine@ ' Inc. Address: P. 0. Box 12980 Palm Desert, Ca. 92255 (760) 346-8015 Scale: 1 " - 60' Q�pfESS/G�y F,� 5 D. N C! 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