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CC Resolution 2014-006 Street Vacation - Public Utility EasementRESOLUTION NO. 2014 - 006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A + 85,072 SQUARE FOOT PORTION OF A 60 -FOOT WIDE PUBLIC UTILITY EASEMENT EAST OF PGA BOULEVARD CASE NO. RW -V 2014-001 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 14, 2014, the Planning Commission of the City of La Quinta has determined that the vacation of said portion of the Public Utility Easement (PUE) 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 portion of the PUE vacation, as follows: 1 . Vacation of the portion of the PUE 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 the PUE 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 portion of the PUE. 4. Approval and adoption of the proposed vacation of the portion of the PUE length 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 Resolution No. 2014-006 Vacate Portion of PUE at PGA West Adopted: February 18, 2014 Page 2 therein, hereby finds from all evidence submitted that the portion of the PUE, specifically described in Exhibits A and B 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 the PUE, as shown in Exhibits A and B 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 18th day of February 2014, by the following vote: AYES: Council Members Evans, Henderson, Osborne NOES: None ABSENT: Council Member Franklin, Mayor Adolph ABSTAIN: None DSBORNE, Mayor Pro Tem of La Quinta, California Resolution No. 2014-006 Vacate Portion of PUE at PGA West Adopted: February 18, 2014 Page 2 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M.JKATHERINE JENpgvN, City Attorney City of La Quinta, C lfornia EXHIBIT "A2 VACATION OF PUBLIC UTILITY EASEMENT PORTION OF THE S 1/2, SEC. 16 & THE NW 1/4, SEC. 21, US., R.7E., S.B.M. THAT PORTION OF THE PUBLIC UTILITY EASEMENT RETAINED BY THE CITY OF LA QUINTA PER CORPORATION GRANT DEED RECORDED APRIL 19, 1985 AS INSTRUMENT NO. 82629, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: A STRIP .OF LAND 60.00 FEET WIDE, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED UNE; COMMM NG AT THE SOUTH QUARTER CORNER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 8937'42" WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION 16. A DISTANCE OF 3.89 FEET, TO A POINT ON THE EASTERLY LINE OF PARCEL 2, PER LOT LINE ADJUSTMENT NO. 2004-411, APPROVED BY THE CITY OF LA QUINTA ON AUGUST 24, 2004 AND RECORDED OCTOBER 8, 2004 AS INSTRUMENT NO. 2004-0803272 OF OFFICIAL RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING SOIJI'H 89'37'42" WEST, ALONG SAID SOUTHERLY LINE OF SAID SECTION 16, A DISTANCE OF 1417.87 FEET, TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2 PER LOT LINE ADJUSTMENT NO. 2004--411, SAID POINT BEING THE POW OF TERMINUS. THE SIDE LINES OF SAID 80.00 FEET STRIP TO BE LENGTHENED OR SHORTENED TO INTERSECT SAID EASTERLY AND WESTERLY LINES OF SAID PARCEL 2 PER LOT UNE ADJUSTMENT NO. 2004-411. AREA OF SAID EASEMENT TO BE VACATED EQUALS 85,072 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT °Bw ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OR J. �Np S� 49 z 1s. 65118 Exp. 12-31-15 Of' VA0�� 09 PAGE 1 OF 1 EXHIBIT " B" SHEET I OF 1 SHEETS VACATION OF PUBLIC UTHM EASEMENT PORTION OF THE S 1/2, SEC. 16 & THE NST 1/4, SEC. 21, US., R.7E., S.B.M. 1 � 'L LEGEND: > US ARS 1t SW 1/BE VWATM 4f � t SEC. 16 [ i `N % OWNERSHIP BOUNDARY SOUTH EINE, SECTION 18 1 i S 8937'42" W 1417.87' I 9 tqI LA A I I - Ed t Cf ti 41 LS. 6W Exp. 12-31-15 CALL NORTH LINE, SECTION PARCEL 2, LLA 2004411 APN-775-220-021 NVQ 1/ SEC. i i SE 1/4 \ � SEC. 16 SOUTH 1/4 COR. l SECTION, 16 l r/ T LEAST UNE, NW 1/4, SEC. 21 PREPARED UNDER THE SUPERVISION OF: A'W,k b -A44 W -4f ', IRIS J. 6E N, L.S. 88 bAl F011� IIIISIead,ai. Srk11F ►. I" fal.Mra.Gtttl1 1Ul/NEIS EN6INLERS - SUIYEVOIS i 1 SCALE 1" =300' 0 150 300 600 S 89'37'47' W 3.89' AVENUE I. 54 PGA . ' ..... ,- BLVD, PROJECT 0 SITE I a m AVENUE 58 V aWrY MAP NOT TO SCALE 900 1200 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2014-0076674 02/27/201411:07 AM Fees: $0.00 Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: TVERBA RESOLUTION NO. 2014-006 VACATING A PORTION OF A PUBLIC UTILITY EASEMENT EAST OF PGA BOULEVARD THIS AREA FOR RECORDERS USE ONLY This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 DOC #2014-0075574 Page 2 of 6 02/27/201411:07 AM RESOLUTION NO. 2014 - 006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A + 85,072 SQUARE FOOT PORTION OF A 60-FOOT WIDE PUBLIC UTILITY EASEMENT EAST OF PGA BOULEVARD CASE NO. RW-V 2014-001 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 14, 2014, the Planning Commission of the City of La Quinta has determined that the vacation of said portion of the Public Utility Easement (PUE) 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 portion of the PUE vacation, as follows: 1. Vacation of the portion of the PUE 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 the PUE 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 portion of the PUE. 4. Approval and adoption of the proposed vacation of the portion of the PUE length 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 DOC #2014-0075574 Page 3 of 6 02/27/201411:07 AM Resolution No. 2014-006 Vacate Portion of PUE at PGA West Adopted: February 16, 2014 Page 2 therein, hereby finds from all evidence submitted that the portion of the PUE, specifically described in Exhibits A and B 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 the PUE, as shown in Exhibits A and B 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 18" day of February 2014, by the following vote: AYES: Council Members Evans, Henderson, Osborne NOES: None ABSENT: Council Member Franklin, Mayor Adolph ABSTAIN: None OSBORNE, Mayor Pro Tem of La Quinta, California DOC #2014-0075574 Page 4 of 6 02/27/201411:07 AM PA"udon No. 20144108 Vaeab Pordon of PVE at PGA West Adopted: February 18, 2014 Pape 2 ATTEST: SUSAN MAYSELS, Cit Clerk T City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M.`KATHERINE JE, City Attorney City of La Quinta, CWifornia DOC #2014-0075574 Page 5 of 6 02/27/201411:07 AM EXHIBIT if A" VACATION OF PMC UMW WWNT PORTION OF THE S 1/2, SEC. 16 & THE Nf1 1/4, SEC. 21, T.6S., R.7E., SAX THAT PORTION OF THE PlIM UnW EASEMENT RETAINED BY THE CITY OF LA QUWTA PER CORPORATION GRANT DEFD.RECCf W A90L 10, 1085 AS B6TRUNENT NO. 82529, OF O"K RECORDS, IN THE OFFICE OF THE OOIM RECORDER OF RIVERSIDE COINOY, CAL ORNW, DESCRIBED AS FOLLOWS: A SM.OF LAND 60.00 FIST WIDE, LYING 30.00 FEET ON UCH SIDE OF THE FOLLOWING OESC(iM LINE C01 MSIG AT THE SOUTH QUARTER CORFIFR OF SECTION 16, TOWNSHIP 6 50UDI. RANGE 7 EAST, SAN BERNARDIFO YFRIDUN: MNCE MM W37'42' WEST. ALONO THE SOLRHERLY IN OF SAID SEICUON 16. A 015TANCE OF 3.89 FiLT, 70 A POW ON THE EASTERLY LINE OF PARCEL 2, PER LOT LINE AUNT NO. 20D4-411. APPROVED BY THE CITY OF LA QUQRA ON ATOM 24, 2004 AND RECORDED OCIM S. 2004 AS INSTIMENT NO. 2004--OB03272 OF OFFIDNL RECORDS, SAID POINT BEING THE POINT OF ISGIN MN ; THENCE CONWING SOUTH W3712' WEST. NDNO SW SWTHEMY LINE OF SAID SECTION 10, A OWMCE OF 141737 FEET, TO A POINT ON THE WESIIIn.Y LINE OF SAID PARCEL 2 PER LOT LINE ADdI1STWW NO. 2004-411, SAID POINT MNG THE POW OF 70MM THE SIOE LINES OF SAID 80.00 FELT STRIP TO BE LEIMENED OR SIMTPNfD TO INTERSECT SAID FASMY AND WESTERLY LINES OF SW PARCEL 2 PER LOT LINE ADAISTMQN NO. 2004-411. AREA OF SAID EAMIENT TO BE VACATED EQUALS 85,072 SQUARE FEET, MORE OR LES& AS SHOWN ON ETOYBIT'IF ATTACHED HERETO AND WIDE A PART HEREOF. PAGE 1 OF 1 DOC #2014-0075574 Page 6 of 6 02/27/201411:07 AM EXHIBIT "B sHffr I OF 1 SHMM VACATION OF PUBLIC UTUM nMWNT PORTION OF THE. S 1/2, SEC. 16 & THE NW 1/4, SEC. 21, T.68., R.7E.1 S.B.M. I ' LEGEND: lSW 1/4 ACM ARTJ1 SEC. 16 t t SE 1/4 OWNERSHIP BOUNDARY SEC. 16 UM LINE, SECTION 16 S 8437'4t W 1417.87' NORM LINE, SECTION PARCEL 2, LLA 2004-411 APN-775-220-021 NW 1/4 SEC. 21 PREPARED UNDER THE SUPERVI" OF IRIS J: 8 H, L.S. ON soots 406mlafhbm ,e.raom, ,YtseOs souosess sossssess SCALE 1"-300' 0 150 3W I--; LINE, NW 1/4. SEC. 21 'EoJEcr - AVENUE J 58 1 VK24TY MAP NOT TO SCALE 600 900 1200