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CC Resolution 2007-098 Street Vacation - Avenue 52 & Adams Sta 10 1� PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO City Clerk / Agency Secretary AND WHEN RECORDED MAIL TO: Veronica J. Montecino CITY OF LA QUINTA P. 0. Box 1504 La Quinta, CA 92247-1504 DOC # 2008-0265053 05/16/2008 08:00R Fee:NC Page 1 of a Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111 IN IIIIIIIIIINI11111111 S R U I PAGE SIZE I DA I MISC 1 LONG I RFD I COPY A I L I 465 I 426 CTY I UNI RESOLUTION NO. 2007-098 Street Vacation 2007-045 Vacated Portions of Avenue 52 & Adams Street Within Tentative Parcel Map 33367 Re-recording of Document # 2007-0660684 dated 10/26/2007 due to an incorrect map that was attached. Attached is the correct map, Exhibit "B" - Attachment "A". Title of Document Will,ii� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESOLUTION NO. 2007-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES WITHIN TENTATIVE PARCEL MAP NO. 33367 AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP NO. 33367 CASE NO. STREET VACATION 2007-045 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 public easement and public utility easements vacation application on October 9, 2007, the Planning Commission of the City of La Quinta has determined that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, 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 vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as follows: 1. Vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. Resolution No. 2007-098 Street Vacation 2007-045 (TPM No. 33367) Adopted: October 26, 2007 Page 2 2. All utility companies have been properly notified and no local public agency has submitted objections to the proposed vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367. 3 Approval and adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, 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. 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 vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and .personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, specifically shown on Attachment 1, 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 an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as shown on Attachment 1 attached hereto and incorporated herein. Resolution No. 2007-098 Street Vacation 2007-045 (TPM No. 33367) Adopted: October 26, 2007 Page 3 SECTION 3: The City Council hereby determines that adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 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 16th day of October, 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Iti-- DON ADOL H, Ma r City of La Quinta, California Resoludon No. 2007-098 Street Vacation 2007-045 iTPM No. 333671 Adopted: October 26, 2007 Page 4 ATTEST: (City Seal) APPROVED AS TO FORM: " �/ //, z Y" 6 M. KA H RINE JEN , City Attorney City of La Quinta, C fornia This is to certity that the foregoing isia full, true and correct copy of the originaldocument containing -7� i which Is on Me in O Pa9dky �ib;'t Clerk of the Clbf of La QWrft CIdUb is Dated: 41' aDD.P Veronica J.*nb**, MID City clerk AVAW 52 SEC7/0N CORNER NIS SCALE: 1 "=1000' 14CUNNL AnD�°m TOTATIVfs PARCEL MAP NO. 33367 RESOLU77ON N0. 2007-098 STREET VACATION 2007-045 L — — — — LEGEND STREET VACAVON AAWVUF 52 & ADAMS STREET W BE VACAIED AS PER RMU77ON 2007-09d PARCEL MAP BOUNDARY -- SECAON LINE — — ——EASEVENrUNE ADDENDUM 70 SIRa7 VACA77ON 2007--045 RECORDED OC70BER 26, 2007 DOC NO.. 2007-066LI684 ATTACHMENT "Al DATA TABLE Na DELTA EAR7NG R LENGTH 1 N00ti349 W 3500 2 SOOnf 58 W 899.2E J S887948 W 5.88 4 N717011 56.79' 5 S0017158 W 88206 6 S89 48 4 W 404.60 7 032511 W - 116.95 8 S894647•W 498.59 9 NOOt95550E - 1227.12 10 S893544 30.00 11 N89'5610 30.00 12 NOOV535 E 122Z02 01 N895103 E 719.49 14 pmOOV555 055L00 154 15 =033807 2MOO 130.38 .W� Ir JOHN F. YOUNG Exp. 9-30-08 N& 4"5 CITY OF LA QUINTA CONSTRUCTION TESTING& ENGINEERING, ING. VENUE 52 &ADAMS STREE �•�i000' PLANNIND -CIVIL fNDINEERINO-LAND NVRVEVIND-OEOTECNNICAL 1441 NONTIEL ROAD, EOM 110 ECC010100 CA. Hill, P IMI Ta-osL VACATION 72/6107