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CC Resolution 1987-045^#5 AGENDA ITEM # RESOLUTION NO. 87-45 * *)DENIED CONTINUED TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF AVENUE 46. WHEREAS, the City Council did adopt its Resolution No. 87-35, declaring its intention to vacate certain portions of Avenue 46 pursuant to the Public Streets, Highways and Service Easements Vacation Law; and WHEREAS, said Resolution No. 87-35 fixed August 4, 1987, at the hour of 7:30 p.m. in the La Quinta Council Chambers as the time and place for hearing all persons interested in or objecting to the proposed vacation; 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 streets to be vacated in the time and manner provided by law; and WHEREAS, the Planning Director has determined that the vacation of said street is not in conflict with the Circulation Element or other policies of the General Plan; and WHEREAS, the City Council has conducted its required public hearing and, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, did find the following facts to exist to justify the approval of said Street Vacation: 1. The vacation of the Avenue 46 right-of-way as proposed is consistent with the La Quinta General Plan. 2. The portion of Avenue 46 proposed for vacation is not needed to serve any substantive public benefit associated with traffic circulation. 3. Vacation of the Avenue 46 right-of-way as proposed is consistent with the Highway 111 Specific Plan. 4. The proposed abandonment of Avenue 46 will benefit the public by providing for increased traffic safety. 5. Approval of the proposed street vacation will not cause a significant impact on the environment. MR/RESOCC. 003 1 BIB] 06-19-1998-U01 09:32:41AM-U01 ADMIN-U01 CCRES-U02 87-U02 45-U02 ^#5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. The City Council hereby finds and determines that the following described portions of Avenue 46 are unnecessary for present or prospective public use and hereby orders said street portion vacated and abandoned. 2. Said street ordered vacated and abandoned is Avenue 46, between the southwesterly right-of-way line of the Coachella Valley Storm Water channel, and the northeasterly right-of-way line of State Highway 111, more particularly described in Exhibit A", attached hereto. Further, a map designating that portion of said roadway to be vacated is attached hereto as Exhibit B". 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. 4. 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. 5. The portions of Avenue 46 hereby vacated shall not be closed to the public use nor shall any construction or demolition occur thereon until the Applicant has provided written documentation indicating clearance from all affected utilities. Easements shall be retained where necessary. However, an easement shall be reserved in favor of Southern California Gas for maintenance of the existing two-inch main in the Avenue 46 right-of-way, or an appropriate relocation and easement agreement, subject to Southern California Gas requirements, shall be executed by the Applicant, as provided under Section 8340(c) of the Streets and Highways Code. 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 4 and 5 hereof are satisfactorily completed and performed. MR/RESOCC. 003 2 BIB] 06-19-1998-U01 09:32:41AM-U01 ADMIN-U01 CCRES-U02 87-U02 45-U02 ^#5 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council on this 4fh day of Aii*igt, 1987, by the following vote, to wit: AYES: Councilmembers Bohnenberger, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSENT: None. ABSTAIN; None. I 4 MAYOR ATTEST: */AtAe#t\#!i CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY MANAGER MR/RESOCC. 003 3 BIB] 06-19-1998-U01 09:32:41AM-U01 ADMIN-U01 CCRES-U02 87-U02 45-U02 ^#5 EXHIBIT A" VACATION OF 46TH AVENUE ALL THOSE PORTIONS OF 46TH AVENUE LYING WITHIN SECTIONS 19 AND 30, T.5.S., S.B.M.; MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 THE SOUTHERLY 30.00 FEET OF SAID SECTION 19 AND THE NORTHERLY 30.00 FEET OF SAID SECTION 30 LYING BETWEEN THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 111 110 FEET WIDE) PER DEED RECORDED FEBRUARY 17, 1938 AS INSTRUMENT *1044, AND THE WESTERLY RIGHT-OF-WAY OF COACHELLA VALLEY WATER DISTRICT STORMWATER CHANNEL, PER DEED RECORDED JUNE 17, 1960 AS INSTRUMENT *53916. PARCEL 2 THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER, N. 89* 31'35'1E., 333.93 FEET TO A POINT ON A LINE CONCENTRIC WITH AND 55.00 FEET NORTHERLY MEASURED RADIALLY FROM THE CENTER LINE OF SAID CALIFORNIA STATE HIGHWAY 111, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING: A. THENCE ALONG SAID SOUTH LINE, N. 89* 31'35"E., 594.37 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 98.00 FEET, A RADIAL LINE TO SAID POINT BEARS N. 62* 50" 54"E.; B. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73* 10'25" AN ARC DISTANCE OF 125.16 FEET; C. THENCE SOUTH 790 40'2911W., 41.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET; D. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09* 51'06" AN ARC DISTANCE OF 17.19 FEET TO A POINT ON A LINE PARALLEL WITH AND 44.00 FEET NORTH, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER: E. THENCE ALONG SAID PARALLEL LINE, S. 89* 31'35'1W., 471.27 FEET; F. THENCE N. 69* 40'1B"W., 16.34 FEET TO A POINT ON SAID CONCENTRIC LINE, BEING IN A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2430.00 FEET, A RADIAL LINE TO SAID POINT BEARS N. 4j4 07149"E.; G. THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01* 44'20" AN ARC DISTANCE OF 73.75 FEET TO THE TRUE POINT OF BEGINNING. 4 6THVACA BIB] 06-19-1998-U01 09:32:41AM-U01 ADMIN-U01 CCRES-U02 87-U02 45-U02 ^#5 4.RN. **7-oza-o1? Q.*Q I, U U kr \1 A.P.M G/J-.770-OO* yj * 004 *I*I K] I U A 6 EXHIBIT ThB" STREET VACATION #87-011 APPLICANT 70A' KWL ASSOCIATES 7*2Eu8en.RO*d PALM S*GS. CA *2262 BIB] 06-19-1998-U01 09:32:41AM-U01 ADMIN-U01 CCRES-U02 87-U02 45-U02