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CC Resolution 2011-098 Street Vacation - Eisenhower & MontezumaPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: CITY CLERK DEPT P 0 Box 1504 La Quinta, CA 92247 DOC # 2012-0007781 01/09/2012 WOW Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111IINIII11111INIIIII 11111111111 S R U I PAGE1 SIZE I DA I MISC LONG RFD COPY M A L 1 465 1 426 1 PCOR NCOR SMF NCH EXAM O� T: CTY I UNI W CITY OF LA QUINTA RESOLUTION NO. 2011-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 535 SQUARE FOOT PORTION OF RIGHT-OF-WAY AT 030 EISENHOWER DRIVE AND AVENIDA MONTEZUMA Title of Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Exempt Recording Fees Per Government Code Sections 6103 and 27383 RESOLUTION NO. 2011 - 098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 535 SQ. FT. PORTION OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA 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 8, 2011, the Planning Commission of the City of La Quinta has determined that the vacation of said 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma, 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; 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 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma 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 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma 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. 4. Approval and adoption of the proposed vacation of a 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma 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 525 sq. ft. Resolution No. 2011-098 ROW Vacation - Corner of Eisenhower & Montezuma - Adopted: December 20, 2011 Page 2 portion of Eisenhower Drive and Avenida Montezuma, 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 finds as follows: 1. The proposed right-of-way vacation will have no environmental effects that adversely impact the human population, either directly or indirectly because the right-of-way is currently unused by the public and is inaccessible to vehicles; and secondly, the act of vacating the right-of-way will have no physical environmental effect. 2. The right-of-way vacation will not impact public utility agencies. SECTION 3: The City Council hereby orders the vacation of the 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma as shown in Exhibits A and B. SECTION 4: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 5: 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 6: 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 20th day of December, 2011 by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON AD LPH, yor City of La Quinta, California Resolution No. 2011-098 ROW Vacation - Corner of Eisenhower & Montezuma Adopted: December 20, 2011 Page 3 Y VERONICA J�NTECINO, CMG, City Clerk City of La Q nta, California (CITY SEAL) APPROVED AS TO FORM: 9HE NE JE City Attorney City of La Quinta, ornia EXHIBIT"A" STREET VACATION A PORTION OF THE RIGHT OF WAY GRANTED TO THE COUNTY OF RIVERSIDE PER GRANT DEED RECORDED OCTOBER 25, 1979 AS INSTRUMENT NO.256939, RECORDS OF SAID RIVERSIDE COUNTY, STATE OF CALIFORNIA, IN THE CITY OF LA QUINTA, SAID RIGHT OF WAY BEING A PORTION OF LOT 12, BLOCK 128, OF SANTA CARMELITA AT VALE LA QUINTA NO 14, AS SHOWN ON MAP ON FILE IN MAP BOOK 18, PAGE 82, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 12, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 12 SOUTH 60001'08" WEST A DISTANCE OF 31.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 12 SOUTH 60001'08" WEST A DISTANCE OF 7.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 12 ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 41.85 FEET THROUGH A CENTRAL ANGLE OF 119°53'30; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 12 NORTH 00005'23" WEST A DISTANCE OF 9.79 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 12 SOUTH 57023'06" EAST A DISTANCE OF 43.32 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION BEING VACATED CONTAINING 535 SQUARE FEET, MORE OR LESS. _.860 "Am THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 vow D:VWSURVE` k7001.098kdw9\ROW Page i of 1 VACATION A.doc EXHIBIT "B" 1�6��60 61 's5di dbul �.P 0'0,� %g1v, c c� h �'� p� ► 5d co $ �$ o -00 o r� Z 44yy P.O.B. O COR LAJ W T.P.0.8. SCALE 1'=20' 0 10 20 40 60 OOLM ER M�MDP0M(95 78-080 CALLS AMIGO, SUITE l0/ LA QUINTA, CA 92253 760-219-9886 - 760-262-3000 (FAX) dale@keUchermapping•com PREPARED BY: LS 6687 P TE i No. 6687 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 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. 2011-098, adopted by the La Quinta City Council on the 201" day of December 2011. Dated: December 21, 2011 VERONICA J. ONTECINO, CMC, City Clerk City of La Quinta, California