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CC Resolution 1983-037 Street Vacation - Montero EstatesDOC # 2010-0516024 PLEASE COMPLETE THIS INFORMATION 10/27/2010 08:008 Fee: NC Page 1 of 5 RECORDING REQUESTED BY: Recorded in Official Records County of Riverside VERONICA J. MONTECINO, City Clerk Larry W, Ward ' AND WHEN RECORDED MAIL TO: IIIIIII IIIIIII IIIIIIIIII VIII IIII IIIIII III VIII VIII CITY OF LA QUINTA I III Attn: Veronica J. Montecino S R U PAGE SIZE DA MISC LONG RFD COPY P O Box 7 504 La Quinta, CA 92247 M A L 465 426 PCOR NCOR SMF NCHG exnnn CITY COUNCIL RESOLUTION NO. 83-37 Vacation of Avenida Montero, Calle Felipe, Calle Orense, Calle Seama, Calle Huerta, and Calle Remo Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (83.00 Additional Recording Fee Applies) ' RESOLUTION Na. 83-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING VACATION OF AVENIDA MONTERO, CALLE FELIPE, CALLE ORENSE, CALLE SEAMA, CALLE HUERTA AND CALLE REMO. WHEREAS, petition has been received from most of the property owners abutting the following named streets as shown on the official maps of the City of La Quinta, California, that such streets be vacated, to wit. Avenida Montero Calle Felipe Calle Orense Calle Seama Calle Huerta Calle Remo AND WHEREAS, the Planning Department and City Engineer of this City have rendered reports to the effect that the said streets which are petitioned to be vacated are and will be unnecessary for present or prospective public use, including use as a nonmotorized transportation facility, provided that certain easements are reserved and conditions satisfied, as hereinafter set forth in this Resolution; and WHEREAS, the Planning Department of this City has considered this matter and has reported that the petitioned vacation of streets is consistent with the intent and purpose of the General Plan, and has not objected that said streets be ordered vacated; and WHEREAS, pursuant to the provisions of Chapter 3 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"), and subject to Section 2381 of the Streets and Highways Code, this Council, on June 21, 1983, adopted Resolution No. 83-32, declaring its intention to vacate the said streets; and WHEREAS, this Council did, on July 19, 1983, after publishing and posting of due notice thereof, hold a public hearing in this matter; and did find and determine that all other legal requirements of the said Public Streets, Highways, and Service Easements Vacation Law had been complied with; and did also at said time, after duly noticed hearing, find and determine that all applicable requirements of the California Environmental Quality Act had been complied with, and did adopt the negative declaration of environmental impact in connection with this matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows. SECTION 1. This Council finds and determines that: a. Those streets heretofore known as Avenida Montero, Calle Felipe, Calle Orense, Calle Seama, Calle Huerta and Calle Remo, are unnecessary for present or prospective public use, so long as BIB] 04-25-1996-U01 07:39:43AM-U01 CCRES-U02 83-U02 37-U02 'RESOLUTION NO. 83-37. the conditions set forth in SECTION 6 of this Resolution are complied with continuously as applicable. b. The said streets are not, and will not in the future be, useful as nonmotorized transportation facilities as defined in Section 156 of the Streets and Highways Code, and c. The vacation of the said streets is consistent and in conformity with the general Plan applicable within the area involved. SECTION 2. Subject to the reservations, exceptions, limitations and conditions set forth in Sections 3, 4, 5 and 6 hereinbelow, the streets in the City of La Quinta heretofore known as Avenida Montero, Calle Felipe, Calle Orense, Calle Seama, Calle Huerta and Calle Remo are hereby ordered vacated. SECTION 3. This Council hereby determines that the public convenience and necessity require, and it is accordingly ordered, that there is reserved and excepted from the vacation of the said streets, easements for any existing public utilities and public service facilities, together with the rights to maintain, operate, replace, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. SECTION 4. This Council hereby determines that the public conven- ience and necessity require, and it is accordingly ordered, that there is further reserved and excepted from the vacation of the said streets, an easement in favor of the public, the City of La Quinta, the County of Riverside, the State of California and all public agencies, and their officers, agents, employees and contractors, for access, ingress and egress of fire, police and other emergency services vehicles and personnel, on, in, over and across the areas of the said streets herein ordered vacated. SECTION 5. This Council hereby determines that the public convenience and necessity require, and it is accordingly ordered, that there is further reserved and excepted from the vacation of the said streets, an easement for future public street uses, pursuant to Section 8340(b) of the Streets and Highways Code, in the event the City Council shall at any future time, find and determine upon due notice and oppor- tunity for hearing, that the conditions set forth in Section 6 herein- below are not being continuously complied with at any point in time before expiration thereof. SECTION 6. Pursuant to Section 8324(b) of the Streets and Highways Code, it is hereby provided that the vacation of the said streets as set forth in Section 2 hereinabove shall occur only after the conditions set forth in this Section 6 have been satisfied, and the City Clerk is instructed that this Resolution of vacation shall not be recorded until the said conditions have been satisfied. The conditions are. A. The petitioning property owners abutting the streets being vacated shall cause to be established and continuously maintained a community association with the duty and responsibility to maintain BIB] 04-25-1996-U01 07:39:43AM-U01 CCRES-U02 83-U02 37-U02 'RESOLUTION NO. 83-37. the vacated streets into the future as private streets, said association to have the unqualified right to assess its members for all costs of maintaining the said private streets to at least substantially the same standards and levels of maintenance afforded by the City to public streets in the area similar to the said private streets; and said association shall have the right to lien the properties of the members who default in the payment of their assessments. B. The petitioners shall cause to be issued and filed with the City Clerk an insurance policy satisfactory to the City Attorney, to provide insurance coverage reasonably capable of being kept in force by policy term, renewal, or otherwise) for a hereby required period of not less than five 5) years from the date of recording of this resolution vacating the said streets, naming as beneficiaries and insured, the City of La Quinta, its officers, agents and employees, said policy protecting, indemnifying, holding harmless and providing legal defense against any and all claims or actions by owners of properties abutting the street areas so vacated or abandoned, or by any person, firm or corporation having or claiming any interest in any such abutting property, which claim or action seeks compensation for interference with, or deprivation of, any alleged abutters' rights of direct or indirect access to a public street, including any street being vacated, or to the general City street system, or which claim or action alleges interference with, or deprivation of, any other type of real or supposed abutters right or rights, and which claim or action is based upon the action of the City in vacating or abandoning the streets involved, or all or any portion of the public street easements therein. SECTION 7. From and after the date this Resolution is recorded, the streets enumerated in Section 2 hereinabove shall no longer constitute public streets of this City, subject, however, to the reservation and exception set forth in Section 5 hereinabove. SECTION 8. The City Clerk is hereby directed, at such time as the conditions set forth in Section 6 hereinabove have been satisfied, and not before such time, 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 19th day of July 1983 MAYOR ATTEST APPROVED AS TO FORM: APPROVED AS TO CONTENT: X CITY ATTORNEY C?T? MA NAGER BIB] 04-25-1996-U01 07:39:43AM-U01 CCRES-U02 83-U02 37-U02 Y.O. Boy 1504 Le Qu~N~ra, LAIJFORNIA 92247-1504 78-495 C,u.~.e 'f.an~v~co Ln Quiu'rn, Cai.iroeuin 92255 CERTIFICATION PAGE This is to certify that the foregoing is a full, true and correct copy of the original document containing 4 pages; which is on INe In nts olRo. of ate City t:brk of the Ca of L,a CuirN~, t:aY(onria ~ated~~~~ ?Q/ Veroraca d. f~16FMecNto, CMC city clerk (760) 777-9000 FAX (760) 777-7101