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CC Resolution 2006-126 Street Vacation - Avenue 53 West of MonroePLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Veronica J. Montecino, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. 0. Box 1504 La Quinta, CA 92247-1504 DOC # 2007-0065825 01/29/2007 08:00R Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk $ Recorder III II IIIIIII IIIII III IIIIIII IN IIIIII III IIIII IIII III S R I U I PAGE SIZE I DA I MISC I LONG RFD I COPY M A I L 1 46 1 426 PCOR NCOR SMF NCHG 'M RESOLUTION NO. 2006-126 Street Vacation Case No. RW-V 2005-014 SV 2006-042 Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION FN `/ RESOLUTION NO. 2006-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A ± 3,117-FOOT LENGTH OF AVENUE 53 WEST OF MONROE STREET CASE NO. RW-V 2005-014 SV 2006-042 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 November :14, 2006, the Planning Commission of the City of La Quinta has determined that the vacation of said length of Avenue 53 west of Monroe Street, is not in. conflict with the Circulation 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 partiesand persons desiring to be heard, did find the facts to .exist justifying the approval and adoption of said length of Avenue 53 west of Monroe Street vacation, as follows: 1. Vacation of the subject length of Avenue 53 west of Monroe Street 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, length of Avenue 53 west of. Monroe Street is unnecessary for either present or prospective public use& or purposes, including use as a non - motorized transportation facility. 3: No local public agency or,utility has submitted an objection to the, proposed vacation of the length of Avenue 53 west of Monroe Street: 4. Approval and adoption of the proposed vacation of a length of Avenue 53 west of Monroe Street will not cause" a" significant negative impact upon .the environment, due, in part, to -the fact that extinguishment of the right-of-way will restore- possession of the vacated length of Avenue 53 west of Monroe Street to the vested owners of the abutting parcel of real property. Resolution No. 2006-126 Vacating Length of Avenue 53 Adopted: December 5, 2006 Page 2 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 length of Avenue 53 west of Monroe Street, specifically described in Attachments 1-2, attached hereto and incorporated herein, is 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 length of Avenue 53 west of Monroe Street, as shown in Attachments 1-2 attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption, of the vacation will cause no significant negative environmental impact. SECTION 4: 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. SECTION 5: 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 5th day of December, 2606, by the following vote to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: Council Member Kirk Resolution No. 2006-126 Vacating Length of Avenue 53 Adopted: December 5. 2006 Page 3 DON AD PH, or City of La Quinta, California ATTEST: City of La (City Sea[) APPROVED AS TO FORM: M. KATHERINE JEN N, City Attorney City of La Quinta, California This is to certify that the fort _i. full, true and correct copy of the oI �tiu document containing 4� pages; which is on hie in the Office of the City Clerk of the City of La OuiMa, Caftnills Dated: L Veronica J.110rontecii City Clerk This is to certify that the fonpoip Ig a full, tnle end correct OOP , of fhe adow which Is on Ob inpof Cledt of Use OW of La Q*ft CaMbrrMa Dated: - a 7 m miarrica J. , CM CRY CNrk ATTACHMENT 1 EXHIBIT "A" PARCEL A (STREET VACATION) THOSE PORTIONS OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN IN THE CITY OF 4A QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON TRACT MAP NO. 29894.1 FILED IN BOOK 305, PAGES 14 THROUGH 22, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10, TOGETHER WITH THE NORTH 30.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, TOGETHER WITH THE SOUTH $0.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10, TOGETHER WITH THE NORTH $0,00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 10, TOGETHER WITH LOTS' OF TRACT NO. 31874-1 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 34 THROUGH 37, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, , EXCEPT THEREFROM THOSE PORTIONS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 'V' OF TRACT NO. 33070-1 AS SHOWN ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN CURVE IN THE GENERALLY SOUTHERLY LINE OF SAID PARCEL 'V , CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, A RACIAL LINE THROUGH SAID POINT BEAM NORTH 56061V'V EAST; THENCE DMTHWEWTERLY, NORTHERLY, AND NORTHEASTERLY ALONG THE NORTHWESTERLY, NORTHWESTERLY NORTHERLY, AND PROLONGATION OF SAID CURVE THROUGH A .CENTRAL ANGLE OF 75 WST AN ARC LENGTH OF 64.60 FEET TO THE NORTH LINE OF SAID SOUTH 30.00 FEET OF THE NORTHEAST QUARTER OF SECTION 10i THENCE LEAVING SAID NORTH- LINE NORTH 630513T WEST. 16.76 FEET TO THE MOST SOUTI- WESTERLY CORNER OF LOT V OF SAID TRACT NO 31874-1. THE ABOVE DESCRIBED PARCEL OON[TAINS 4.M AOAES. MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT V, ATTACHED HERETO AND MADE A PART HEREOF. TkE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. DEAN J.13OULDIN; R.L.S. 7842 REGISTRATION EXPIRES 12131✓0 No, 7842 EV.12/31/96 * DATE ATTACHMENT 2 RESOLUTION NO. 2006-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A + 3,117-FOOT LENGTH OF AVENUE 53 WEST OF MONROE STREET CASE NO. RW-V 2005-014 SV 2006-042 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 November 14, 2006, the Planning Commission of the City of La Quinta has determined that the vacation of said length of Avenue 53 west of Monroe Street, is not in conflict with the Circulation 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 length of Avenue 53 west of Monroe Street vacation, as follows: 1. Vacation of the subject length of Avenue 53 west of Monroe Street 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 length of Avenue 53 west of Monroe Street is unnecessary for either present or prospective public use or purposes, including use as a non - motorized transportation facility. 3. No local public agency or utility has submitted an objection to the proposed vacation of the length of Avenue 53 west of Monroe Street. 4. Approval and adoption of the proposed vacation of a length of Avenue 53 west of Monroe Street will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way will restore possession of the vacated, length of Avenue 53 west of Monroe Street to the vested owners of the abutting parcel of real property. Resolution No. 2006-126 Vacating Length of Avenue 53 Adopted: December 5, 2006 Page 2 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 length of Avenue 53 west of Monroe Street, specifically described in Attachments 1-2, attached hereto and incorporated herein, is 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 length of Avenue 53 west of Monroe Street, as shown in Attachments 1-2 attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 4: 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. SECTION 5: 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 5th day of December, 2606, by the following vote to wit: AYES: Council Members Henderson, Osborne, Shiff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: Council Member Kirk Resolution No. 2006-126 Vacating Length of Avenue 53 Adopted: December 5, 2006 Page 3 Y), 'k- -- DON AD PH, or City of La Quinta, California ATTEST: (City Seal) APPROVED AS TO FORM: n M. KATHERINE JEN ON, City Attorney City of La Quinta, California ATTACHMENT EXHIBIT "A" PARCEL A (STREET VACATION) THOSE PORTIONS OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON TRACT MAP NO. 29894-1 FILED IN BOOK 305, PAGES 14 THROUGH 22, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . THE SOUTH 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10, TOGETHER WITH THE NORTH $0.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, TOGETHER WITH THE SOUTH 30.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10, TOGETHER WITH THE NORTH 30.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 10, TOGETHER WITH LOT `B' OF TRACT NO. 31874-1 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 34 THROUGH 37, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THOSE PORTIONS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 'V' OF TRACT NO. 33076-1 AS SHOWN ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN CURVE IN THE GENERALLY SOUTHERLY LINE OF SAID PARCEL V, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 55001'01' EAST; THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG THE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY PROLONGATION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76 3753" AN ARC LENGTH OF 64.68 FEET TO THE NORTH LINE OF SAID -SOUTH 30.00 FEET OF THE NORTHEAST QUARTER OF SECTION 10; THENCE LEAVING SAID NORTH LINE NORTH 63061'33" WEST, 15.76 FEET TO THE MOST SOUTHWESTERLY CORNER OF LOT'C' OF $AID TRACT NO.31874-1. THE ABOVE DESCRIBED PARCEL CONTAINS 4.379 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B°, ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. DEAN J. BOULDIN; P.L.S. 7842 REGISTRATION EXPIRES 12131/0 No. 7842 * Exp. 12/31/06 OF DATE ATTACHMENT 2 d Z z� lit F v' o F— > o La m 1-4-0 U3 =V Fal u 133&S 30HNOW 3J i5 \ n T T ui :30IIII�< 0 W U M �� i9pz c N��M cn 3 O z ~ZM a m L1 .I_ - V) U T a w qqqpp�� .. r, n v u V