CC Resolution 1985-038 Street Vacation portions of Avenue 52^ 2 RESOLUTION NO. 85-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS
OF AVENUE 52.
WHEREAS, the City Council did adopt its Resolution No. 85-34
declaring its intention to vacate certain portions of Avenue 52
pursuant to the Public Streets, Highways and Service Easements
Vacation Law; and,
WHEREAS, said Resolution No. 85-34 fixed April 16, 1985, at the
hour of 7:30 p.m. in the Council Chambers, as the time and place for
hearing all persons interested in or objecting to the proposed vacations;
and,
WHEREAS, a Notice of Public Hearing was published in the time and
manner provided by law and notices of said*hearing were posted along
said portions of the street to be vacated in the time and manner
provided by law; and,
WHEREAS, the Planning Commission has adopted its Resolution No.
P.C. 85-004 determining that the vacation of said street is not in
conflict with the Circulation Element or any other element of the
General Plan; and,
WHEREAS, the City Council has conducted its hearing and has heard
the evidence concerning this matter.
NOW, THEREFORE, the City Council of the City of La Quinta does
RESOLVE as follows:
1. The City Council hereby finds and determines that the
following described portion of Avenue 52 is unnecessary
for present or prospective public use and hereby orders
said street vacated and abandoned.
2. Said street ordered vacated and abandoned is Avenue 52
between Avenida Bermudas and a point 1,321 feet west of
Jefferson Street. Said real property is particularly
described in Exhibit A", attached hereto and incorporated
herein by this reference. A map designating the portion
of said drive and boulevard to be vacated is attached
hereto as Exhibit 1'B11 and incorporated herein by this
reference.
3. The City Council hereby finds and determines that the
street hereby vacated and abandoned is not useful as a
non-motorized, transportation facility as defined in
Streets and Highways Code, Section 156, nor useful as
a bicycle path or route pursuant to Public Resources
Code, Section 5079
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^ 2RESOLUTION NO. 85-38
4. This Council hereby determines that the public convenience
and necessity require, and it is accordingly ordered, that
there is reserved and excepted from the vacation of the
said street, an easement in favor of the public, the City
of La Quinta, the County of Riverside, the State of California
and all public agencies, and their officers, agents, employees
and contractors, for access, ingress and egress of fire, police
and other emergency services vehicles and personnel, on, in,
over and across the areas of the said street herein ordered
vacated.
5. The City Council hereby finds and determines that public
convenience and necessity require that the presently existing
public utility easements shall be either relocated and/or
abandoned to the satisfaction of the affected public utilities
prior to the recordation of this Resolution.
6. The portion of Avenue 52 hereby vacated shall not be closed
to public use nor shall any construction or demolition occur
thereon until the following conditions are completed and
performed:
a. Access shall be provided from realigned Avenue 52 to the
front of the Desert Club in accordance with City require-
ments and to the satisfaction of the Applicant, the owner
of the Desert Club and the City Council.
1) If an agreement satisfactory to the Applicant and the
owner of the Desert Club cannot be accomplished, then
public road access shall be provided
b. The Applicant shall be responsible to pay all costs associated
with the relocation of Avenue 52 in accordance with the pro-
visions and conditions of approval for Specific Plans Nos.
85-005A and 85-005B. These costs shall include, but not be
limited to the construction or installation of road improve-
ments, noise barriers, landscaping and traffic control devices.
c. The portion of Avenue 52 approved for vacation shall not be
closed to the public use nor shall any construction or
demolition thereon until the following conditions are
completed and performed:
1) All improvements shown on Exhibits B" and 1'D", as
contained in the Community Development Department's
file for Specific Plans Nos. 85-005A and 85-005B,
and as amended by those conditions of approval,
shall be completed by the Applicant and accepted by
the City of La Quinta, including:
a) Full-width improvements to an ultimate width of
100 feet for that portion of Avenue 52 between
Desert Club Drive and Washington Street, in
accordance with Exhibit B".
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^ 2 RESOLUTION NO. 85-38
b) Full-width improvements to an ultimate width of
110 feet for that portion of Avenue 52 between
Washington Street and a point 662 feet west of
Adams Street, in accordance with Exhibit *B".
c) Interim 28-foot-wide, paved road between the
point 662 feet west of Adams Street and a point
1,321 feet west of Jefferson Street, in accordance
with Exhibit D".
d) One-half width improvements to an ultimate width
of 100 feet for that portion of Avenue 52 between
Avenida Bermudas and Desert Club Drive.
e) One-half width improvements to an ultimate width
of 42 feet for that portion of Avenida Nuestra
between Washington Street and Calle Rondo.
f) Closure of Avenida Nuestra at Washington Street.
g) Installation of noise buffers and landscaping
along Avenue 52 and Avenida Nuestra as required
by the provisions and conditions of Specific
Plans Nos. 85-005A and 85-005B.
h) Installation of improvements to the intersection
of Avenue 52 and Avenida Bermudas.
d. Improvement plan drawings for road improvements shall be
subject to review and approval by the City Engineer.
Transitional pavement for intersections and lane reduction
areas, channelization or striping) plans, and traffic
control device plans shall be submitted for review and
approval with the street improvement plans.
1) Any required encroachment permits shall be secured
prior to beginning any work within rights-of-way.
2) All necessary right-of-way dedications shall be made.
e. Prior to the closure of existing Avenue 52, the Applicant
shall dedicate a site and contribute to the construction
of a new fire station, in accordance with the conditions
of approval for Tentative Tract Map No. 20328, Revision
No. 1. Provision shall be made to assure that adequate
access to and from the existing fire station is maintained
during construction of improvements.
f. Specific Plans Nos. 85-005A and 85-005B shall be adopted
and in effect prior to the vacation of existing Avenue 52.
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^ 2RESOLUTION NO. 85-38
7. 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 at such time as the
conditions set forth in Sections 5 and 6 hereof are satis-
factorily completed and performed.
APPROVED and ADOPTED this 16th day of April, 1985, by the
following vote:
AYES: Council Members Allen, Bohnenberger, Wolff and Mayor Cox.
NOES: None.
ABSENT: Council Member Pena.
ATTEST:
flmffl%%<ffi*
*CIT*DLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT;
CITY MA AGER
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