CC Resolution 1987-021 Street Vacation - portions of Avenue 52,5! DATE AGENDAITEM#
4PROVED DE1**lED
oCONTINUED TO
RESOLUTION NO. 87-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS
OF AVENUE 52 AND WASHINGTON STREET
WHEREAS, on April 16, 1985, the City Council did adopt its
Resolution No. 85-30 vacating the herein described portion of Avenue
52; and
WHEREAS, said street vacati*n action was ta ken fol lowin'* Planning
Commission review and noticed public hearings all in accordance with
app 1 i cab 1 e provisions of 1 a w; and
WHEREAS*, at the ti*e of said hear in3s and action, it was the
intent of the P1 anni n* Co*ITiissi on and City Council to additionally
vacate the vestigial remnant portion of Washington Street between the
abandoned section of Avenue 52. and the new successor alignment of
Avenue 52; and
LJHFF':EAS sa i ci intent is d e*onst* a ted by the ITia p s and cx hi bits for
the Avenue 52 Specific Plan Amendment and Tentative Tract Map No
20328 and its successor No 21880; and
WHE*EAS, said intent to vacate the vestigial remnant on
Wash i n';jton Street was not provided for nor set out in Resolution No
85-38 vacating* certain portions of Avenue 52 which was a i*i nor err or
due to inadvertence and excusable neglect t; and
WHEREAS it is now necessary to C: ure and correct sa id minor error
by adopting.* this correctin'3 resolution which also vacates said
remnant port ion of Wash i nqton Street and rep laces and supercedes
Resolution No. 85-38
NOW, THEREFORE, the City Council of the City of La *uinta does
RESOLVE as follows:
The City Council hereby finds and determ i,nes that the
fol I owi n3'. described portions of Avenue 52 an d Wash in*ton
St.(. ect are unnecessary for present or prospective public use
and hereby orders said streets vacated and abandoned
Said streets ordered vacated and abandoned are 1 Avenue 52
between Avenida Bermudas and a point I,321 feet west of
Jefferson Street, and 2.) Wash in*ton Street between said
vacated portion of Avenue 52 and the new realignment of
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,5!RESOLUTION NO. 87-21
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Avenue 52 ai* depicted on the *ventie 52. Specific: Plan Nos.
85-007A and 85-007B. Said real property i* pa*tic ularly
ci e*c Y i bed 1. n x hi. bit * I' a tta C: hed hereto and inc or p or a ted
herein by th ii:* reference * hap de*i3natinJ the portion of
said avenue and street to be vacated is attached hereto as
E. x hi bit II H and inc o* p or a ted her cm by th 1. s reference
The City Council hereby finds and determj..nes that the
i*tr ects hereby Va ca ted and a L) and oned are not useful as a
non-motorized, transportation facilities as defined in
Streets and Highways Code Section I 56, nor useful as a
bicycle path or route pursuant to Public Resources Code
Section 5079.
4 Tb e City Co unc i I hereby finds and ci eter i* 1 nes that pub 1 ic
C: onveni enc c and nec ess 1. ty require that the presently
cx t st i n* 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 or
in the alternative, City may in its discretion, accept
written commitments........om the affected utilities relative to
said relocation and abandonment.
S Tb c port i. ons Of *ven uc 52 and Wash i n,jton Street hereby
vacated shall not be closed ex*e*p* for limited periods of
time for pub 1 ic safety and convenience by order of the City
Manajer to pub Ii c u se nor sb all any construction or
demolition occur thereon until the foil owi n* C: ond itions are
compIeted and performed:
a Access shall be provided from realigned Avenue 52 to
the front of the Desert Club in accordance with City
requirements and to the satisfaction of the Applicant
the owner of the Desert Club and the City Council.
1 If an a *reement sat i * actory tO the *pp 1. icant and
the owner of the Desert Club cannot be
a cc: omp Ii shed th en public road access shall be
provided
b The AppIicant shall be responsible to pay aII costs
associated with the relocation of Avenue 52 in
accordance C? with the provisions and conditions of
approval for Specific Plans Nos. 85-005A and 85-005B.
These costs shall incIude, but not be limited to the
construction or installation of road improvements,
noise barriers, landscaping and traffic control devices.
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,5! RESOLUTION NO. 87-21
Pa*e Th*ee
c The portion of Avenue 52 approved for vacation shall
not be closed except for limited periods of time for
public safety and convenience by order of the city
manager to the public use nor shall any construction
or demolition thereon until the following conditions
are completed and performed:
*i 1 imp* ovements shown on Exhibits B" and 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 for acceptance by the City
including:
1 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 Specific Plan
Exhibit B.
2) 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
Specific Plan Exhibit B".
3) 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 Specific PIan Exhibit D".
4) One-half width improvements to an ultimate
width of 100 feet for that portion of Avenue
52 between Avenida Bermudas and Desert Club
Drive.
5) One-half width improvements to an ultimate
width of 42 feet for that portion of Avenida
Nuestra between Washington Street and Calle
Rondo
6) Closure of Avenida Nuestra at Washington
Street.
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7) Installation of noise buffers and landscaping
along Avenue 52 and Avenida Nuestra as
required by the provisions and conditions of
Specific: Plan Nos. 85-005A and 85-005B.
* Installation of improvements to the
intersection of Avenue 52. and Avenida
Bermudas
ci 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 devices 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 r ights-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 approvaI 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 vacations herein
provided, and the access, construction of improvements,
and other actions required to be performed by this
Section 5 shall be in accordance with said Specific
Plan and in accordance with the conditions of tentative
Tract 21880. Provided, however, that to the extent
amendments to said Specific Plan or Tract 21880
conditions, or amendments to the Circulation Element of
the General Plan, change or amend any of said
requirements, said performance shall be in accordance
with the latest adopted amendments.
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,5!RESOLUTION NO. 87-21
PaI.*e Five
J City shall retain interim responsibility. and liability
for maintenance and operation of said vacated Avenue 52
and Washington Street until said streets are actually
closed to public use as herein provided.
6 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 4 and 5 hereof are
satisfactorily completed and performed or committed to be
completed and per formed
*PPROVED and *Dc'PTE:D this 5th day of May, * by the followin.3
vote
*YIL** Co unc ii Memb * * *oh * e* * *u x * ena * *
and Mayor HoyiE**
NOES. None
None
*E*ST*IN None* 4Y(**
*TT* ST *PPROVED *S TO FORM
**(,*I1Y M*N*(;ER/C*1Y * CITY *TTORNE
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