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CC Resolution 1985-101^#3 RESOLUTION NO. 85-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF EISENHOWER DRIVE. WHEREAS, the City Council did adopt its Resolution No. 85- declaring its intention to vacate certain portions of Eisenhower Drive pursuant to the Public Streets, Highways and Service Easements Vacation Law; and, WHEREAS, said Resolution No. 85-lolfixed November 5, 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. 85-008 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 Eisenhower Drive is unnecessary for present or prospective public use and hereby orders said street vacated and abandoned. 2. Said street ordered vacated and abandoned is the south- easterly 21 feet of Eisenhower Drive between Avenida Fernando South) and San Vincente 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 B" 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. BIB] 06-12-1998-U01 11:13:28AM-U01 ADMIN-U01 CCRES-U02 85-U02 101-U02 ^#3RESOLUTION NO. 85-101 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 Eisenhower Drive 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: INSERT CONDITIONS 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 3rd of December 1985, by the following vote: AYES: Council Members Allen, Bohnenberqer, Mayor Pena NOES: None ABSENT: Council Members Cox and Wolff MAYOR ATTEST: CITY CLERK 2- BIB] 06-12-1998-U01 11:13:28AM-U01 ADMIN-U01 CCRES-U02 85-U02 101-U02 ^#3RESOLUTION NO. 85-101 APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY CITY MANAGER 3- BIB] 06-12-1998-U01 11:13:28AM-U01 ADMIN-U01 CCRES-U02 85-U02 101-U02