CC Resolution 1983-026 Street Vacation - Bermudas (Avenida)Q�
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RESOLUTION NO. 83-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ORDERING VACATION
OF A PORTION OF THE RIGHT-OF-WAY EASEMENT FOR
AVENIDA BERMUDAS, BETWEEN AVENUE 50 AND THE
SOUTHERLY SIDE OF THE LA QUINTA STORMWATER CHANNEL,
WHICH PORTION OF RIGHT-OF-WAY HAS BEEN UNUSED
AND IMPASSABLE.
WHEREAS, a proposal has been received that this City Council
vacate that portion of the right-of-way for Avenida Bermudas
particularly described as follows:
That portion of Avenida Bermudas located along
the west section line of Section 6, Township 6
South, Range 7 East, SBB + M, extending from
Avenue 50 southerly to the southerly boundary
of the La Quinta Stormwater Channel.
AND WHEREAS, a report has been received from the City Manager
stating that said portion of right-of-way for Avenida Bermudas
is unnecessary for present or prospective public use; and
WHEREAS, this City Council has considered the general plan
applicable within the area wherein the said portion of street
right-of-way proposed is to be vacated, and has received a report
in this regard from the La Quinta Planning Commission;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta as follows:
SECTION 1. That this abandonment and vacation of street
right-of-way easement is made under Chapter 4 of Part 3 of Division 9
of the Streets and Highways Code of the State of California (said
Part 3 being the "Public Streets, Highways, and Service Easements
Vacation Law").
SECTION 2. That the negative declaration which has been pre-
pared concerning this matter, pursuant to the California Environmental
Quality Act, hereby is adopted.
SECTION 3. That pursuant to Section 8331 of the Streets and
Highways Code of the State of California (contained in said "Public
Streets, Highways, and Service easements Vacation Law"), it is
hereby found and determined as follows:
a. The portion of Avenida Bermudas right-of-way as aforesaid
was dedicated or acquired longer than five years ago, and
has not been used for the purpose for which it was acquired
for five consecutive years next preceding the date of this
resolution, and has been impassable for vehicular travel
during such five-year period; and
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present or prospective public use; and
C. No public money was expended for maintenance on the said
portion of street right-of-way during the five consecutive
years next preceding the date of this resolution; and
SECTION 4. That it is further found and determined as follows:
a. The portion of street right-of-way being vacated has
previously been shown on the official City maps, but the
vacation thereof was made a condition upon the approval
of Tentative Subdivision Tract Map No. 18767; and
b. The said vacation of a portion of the right-of-way for
Avenida Bermudas is consistant and in conformity with
the general plan applicable within the area involved; and
C. In the portion of street right-of-way being vacated,
there are no in -place public utility facilities that
are in use and would be affected by the vacation; and
d. The said portion of street right-of-way being vacated is
not, and will not be, useful as a nonmotorized transpor-
tation facility, as defined in Section 156 of the Streets
and Highways Code.
SECTION 5. That the portion of street right-of-way eascmcnt
for Avenida Bermudas between Avenue 50 and the southerly side of
the La Quinta Stormwater Channel, as more particularly described
hereinabove in the recitals of this Resolution, hereby is ordered
vacated.
SECTION 6. That from and after the date this Resolution is
recorded, the portion of street right-of-way being vacated shall no
longer constitute a portion of Avenida Bermudas or of any street
or highway of this City.
SECTION 7. That the City Clerk is hereby directed to cause
a certified copy of this resolution, attested by him under seal,
to be recorded in the Office of the County Recorder of Riverside
County.
APPROVED and ADOPTED this 17th day of May, 1983.
ATTEST:
IiY RK
APPROVED AS TO FORM:
,-CITY ATTORNEY
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MAYOR ,
APPROVED AS TO CONTENT:
CITY NAGER