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CC Resolution 2007-011 Street Vacation - Main / Utility EasementPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO City Clerk / Agency Secretary AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency Attn: Veronica J. Montecino P. O. Box 1504 La Quinta, CA 92247-1504 DOC # 2007-0585051 09/17/2007 08:OOA Fee:NC Page 1 of 6 Recorded in Official Records County of Riverside Larry N. Ward Assessor, Co"nty Clerk & Recorder 1111111111111111113111111111111111111111111111111111 S R U I PAGE I SIZE I DA I MISC I LONG I RFD I COPY 1 M A L 1 465 1 426 PCOR NCOR SMF NC G I,"MM UNI kJ30 q T. CTY RESOLUTION NO. 2007-011 . Street Vacation 2006-043 1A) w A Vacating a Portion of Public Utility Easement ��/� Desert Club Tract Unit 4 03U Title of Document THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESOLUTION 2007-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF PUBLIC UTILITY EASEMENT WITHIN DESERT CLUB TRACT UNIT 4 CASE NO. STREET VACATION 2006.043 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 23, 2007, the Planning Commission of the City of La Quinta has determined that the vacation of said portion public utility easement within Desert Club Tract Unit 4, 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 portion of public utility easement vacation, as follows: 1. Vacation of the subject portion of Public Utility 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 portion of Public Utility Easement is 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 vacation of the portion of Public Utility Easement. However, an easement to Verizon California Inc. has been recorded on December 15, 2006 for future and/or relocated facilities along the westerly boundary of Lot 68. 4. Approval and adoption of the proposed vacation of a portion of Public Utility Easement within Desert Club Tract Unit 4, 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 portion of Public Utility Easement to the vested owner of the abutting parcel of real property. Resolution No. 2007-011 street Vaea an 2006-M — Nispm Properties, Inc. Adopted: February 6, 2007 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 portion of Public Utility Easement, 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 portion of Public Utility Easement, as shown in Attachments 1-2 attached hereto and incorporated herein. The vacation of the portion of Public Utility Easement shall be conditional on the recordation of an easement to Verizon along the westerly property line of Lot 68. 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 6th day of February, 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Reaoluden No. 2007-011 Street Vacation 2006-M - Nispero ProPerdss, Inc. Adopted: Febroary 6, 2007 Page 3 ATTEST: n VERONICA J.JMONTECINO, CMC, City Clerk City of La Q lnta, California (City Seal) APPROVED AS TO FORM: K T4int NiCity Atto City of lifornia City of La Quinta, California This is to certify that the foregoing is a full, true and correct copy of the original dogrrnent containing--�_ pages; which Is on file in the,Of ice of the City Clerk of the City of La Quinta, Cafrfomia Dated: 7 Veronica J. tecino, CMC City Clerk EXHIBIT "A" STREET VACATION 2006-043 PUBLIC UTILITY EASEMENT PORTIONS OF LOTS 68 AND 77 IN DESERT CLUB TRACT, UNIT NO. 4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP RECORDED IN BOOK 21, PAGE 60, OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY, CALIFORNIA IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AS MERGED BY CITY OF LA QUINTA PARCEL MERGER 2006-476 RECORDED Lb we-+ Z3 , 2007 AS INSTRUMENT5V 9 I;. , MORE PARTICULARLY DESCRI ED AS FOLLOWS: THE SOUTHERLY 5.00 FEET OF SAID LOT 68; AND TOGETHER WITH; THE NORTHERLY 5.00 FEET OF SAID LOT 77; SAID EASEMENT CONTAINS 1,496 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. DAAASURVEY\7001.051\dwg\PUE VAGATION.doc Page 1 of 1 EXHIBIT "6" LOT 69 DES LYLB 14 MB 21/80 l �I cd `to i N 3 in P.U.E. PER Q MB 21/60 S LOT 76 DES allB 14 MB 211VO _AV Dq A �N 1Z s i �N I� (LOT 68 m DES. CLUB 14 MB 21160) m PUBLIC UTILITY EASEMENT TO BE VACATED II w c LOT LINE ABANDONED BY PARCEL MERGER c 2006-476 B Za'7'5,l2gt2 n cn (LOT 77 w w D£5; CLUB 14 w MB 21160) C ILUENIER mlQpG uHa 45-175 PANORAMA DR., SUITE E PALM DESERT, CA 92260 760-219-9886 I, .f PREPARED BY: 25 50 DALE KELLEHER, BATE LS 6687 EXP. 6-30-08 100 No. 6687 Ev• 1501