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CC Resolution 2010-051 Street Vacation - Ultimo (Avenida)PLEASE 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 DOC # 2010-0325470 07/13/2010 08:00A Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF NCHG �IIAAMM ():!) tte�rr 6/1..� �I! T: CTY UNI RESOLUTION NO. 2010-051 (Vacating a Portion of Avenida Ultimo, East of Washington Street) Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) lw RESOLUTION NO. 2010 - 051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 2,426 SQUARE FOOT PORTION OF AVENIDA ULTIMO EAST OF WASHINGTON STREET 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 June 8, 2010, the Planning Commission of the City of La Quinta has determined that the vacation of said 2,426 square foot portion of Avenida Ultimo east of Washington Street, is in conformance with the Circulation Element and other policies of the General Plan of the City of La Quinta and recommends approval of the right-of-way vacation provided an utility easement is granted to the Coachella Valley Water District (CVWD); and WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing with due notice and, upon hearing and considering all testimony of all interested parties, make the following findings: 1. Vacation of the subject 2,426 square foot portion of Avenida Ultimo east of Washington 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 2,426 square foot portion of Avenida Ultimo east of Washington Street is unnecessary for either present or prospective public use or purposes, including use as a non -motorized transportation facility. 3. No local agency has submitted objections to the street vacation proposal; however, the Coachella Valley Water District has requested an easement over the entire portion of Avenida Ultimo be reserved for their irrigation, water and sewer facilities that traverse the proposed vacation parcel to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s), which pipeline(s) may be installed at different times, and over a period of time, and necessary devices and appurtenances thereto in, on, over, under, along and across the entire proposed right-of-way vacation. The easement language shall be such that the property owner will be allowed to construct a driveway, landscaping and a fence and gate across the vacated portion subject to CVWD approval (with the provision that CVWD cannot unreasonably withhold their approval). Resolution No. 2010-051 RW-V 2010-018 Vacating a Portion of Avenida Ultimo Adopted: July 6. 2010 Page 2 4. Approval and adoption of the proposed vacation of a 2,426 square foot portion of Avenida Ultimo east of Washington Street will not cause a significant negative impact upon the environment. 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 2,426 square foot portion of Avenida Ultimo east of Washington Street, specifically described in Exhibits A and B, 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 2,426 square foot portion of Avenida Ultimo east of Washington Street as shown in Exhibits A and B, reserving and excepting from the vacation an easement over the vacated portion of Avenida Ultimo to CVWD to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s), which pipeline(s) may be installed at different times, and over a period of time, and necessary devices and appurtenances thereto in, on over, under, along and across the entire proposed right-of-way vacation. The easement language shall be such that the property owner will be allowed to construct a driveway, landscaping and a fence and gate across the vacated portion subject to CVWD approval (with the provision that CVWD cannot unreasonably withhold their approval.) 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. Resolution No. 2010-051 RW-V 2010-018 Vacating a Portion of Avenida Ultimo Adopted: July 6, 2010 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 61" day of July 2010 by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL Ma City of La Quinta, alifornia ATTEST: VERONICA J ONTECINO, CMC, City Clerk City of La inta, California (CITY SEAL) APPROVED AS TO FORM: MkKT ERINE SON, City Attorney City of La Quinta, California EXHIBIT "A„ SHEET 1 OF 1 AVENIDA ULTIMO STREET VACATION RW-V 2010-018 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORITON OF LETTERED LOT "B" (AVENIDA ULTIMO) AS SHOWN BY THE DESERT CLUB TRACT, UNIT NO. 5, AS FILED IN BOOK 21, PAGES 61 AND 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ALSO BEING THE CENTERLINE INTERSECTION OF WASHINGTON STREET (FORMERLY MARSHALL STREET) AND AVENIDA ULTIMO, AS SHOWN BY SAID DESERT CLUB TRACT, UNIT NO. 5; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6, NORTH 89'48'00" EAST, 30.00 FEET, TO THE NORTHWEST CORNER OF AFOREMENTIONED LOT "B", ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 89'48'00" EAST, 78.00 FEET, TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF LA QUINTA PER QUITCLAIM DEED RECORDED JANUARY 13, 1992 AS INSTRUMENT NO. 011041 OF OFFICIAL RECORDS; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0909'30" EAST, 30.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LOT "B', ALSO BEING THE SOUTHERLY RIGHT OF WAY OF SAID AVENIDA ULTIMO; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY, SOUTH 89'48'00" WEST, 58.02 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF SAID AVENIDE ULTIMO, THROUGH A CENTRAL ANGLE OF 8957'30", AN ARC LENGTH OF 31.40 FEET, TO A POINT ON THE EASTERLY RIGHT OF WAY OF SAID WASHINGTON STREET; THENCE NORTHERLY ALONG THE WESTERLY LINE OF AFOREMENTIONED LOT "B", NORTH 0909'30" WEST, 49.99 FEET. TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,426 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: U, 6588 \ 10 * Exp. 12-31-11 P. EXPIRES 12/31/11 16. 6588 ATE: 9TFOF CAO NW COR. SW 1 /4, NE 1/4. SEC. 6, T6S, WE 30, EXHIBIT "B" AVENIDA ULTIMO STREET VACATION RW-V 2010-018 3011 30' 1 30' CVWD (O.R. 2456846) S.W. CORNER OF R/W PER QUITCLAIM DEED, O.R. 011041 PUB R/W PER QUITCLAIM NW COR. DEED, O.R. 011041 LOT "B" REC., 1/13/1992 N 89-48'00" E 569.00' L4 SHEET 1 OF 1 T SCALE: i" = 80' 0 40 80 160 --i lomm 122.00' � L3 C AVENIDA ULTIMO "LOT, T R=20.00' L=31.40' 13 12 DESERT CLUB TRACT UNIT NO. 5 1 M.B. 21 /61— 62 14 1 15 ® INDICATES EASEMENT AREA LINE DATA BEARING LENGTH L1 N 8948'00" E 30.00, L2 N 89'48'DO" E 78.00' L3 S 0909'30" E 30.00' ' L4 S 89'48'00" W 58.02' 1-5 N 00'09'30" W 49.99' 10 i *LS16588 _31_11Ep C PREPARED UNDER THE SUPERVISION OF: 41qll 0 CHRIS J. B GH, S. 6588 DATE: EXPIRES 12/31/11 WA M11A� ,.� '.m P.O. Box 1504 LA QUINIA, CALIFORNIA 92247-1504 78-495 CALLY: TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUIN'rA, CALIFORNIA 92253 FAX (760) 777-7101 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► CITY OF LA QUINTA ► I, VERONICA J. MONTECINO, CMC, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2010-051 adopted by the La Quinta City Council on the 6" day of July, 2010. Dated: July 8, 2010 M1ft:77:TF City Clerk Mq�