CC Resolution 1990-070 Street Vacation - Avenue 54rr0 •sib Byo
Cal
0 / CITY COUNCIL RESOLUTION NO. 90-70
A RESOLUTION OF THE -CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA VACATING
CERTAIN PORTIONS OF 54TH AVENUE.
CASE NO: STREET VACATION 90-012
a
WHEREAS, the City Council did adopt its Resolution
90-56, declaring its intention to vacate certain portions of
54th Avenue pursuant to the Public Streets, Highways and
Service Easements Vacation Law; and,
WHEREAS, said Resolution 90-56 fixed July 23, 1990,
at the hour of 7:00 P.M. in the La Quinta City Hall Council
Chambers as the time and place for hearing all persons
interested in or objecting to the proposed vacation; and,
WHEREAS, the City Council hearing of July 23, 1990,
was continued to July 31, 1990, and September 4, 1990; and,
WHEREAS, notices of said hcaring were posted along
said portions of the streets to be vacated in the time and
manner provided by law; and
WHEREAS, the Planning Commission 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:
i. The vacation of the 54tt'i A'vciiile right-of-way as proposed
is consistent with the La Quinta General Plan.
2. The portion of 54th Avenue proposed for vacation is
not needed to serve any substantive public benefit
associated with traffic circulation.
3. The proposed vacation of 54th Avenue will benefit the
public by providing for increased traffic safety.
4. Approval of the proposed street vacation will not cause a
significant impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of La Quinta, California as follows:
u
RESOCC.004/CS -1-
J o)G' 'Trf
SECTION 1: The City Council of the City of La
Quinta, having elected to proceed under the provisions of
Division 9, Part 3, Chapter 2 of the Streets and Highways Code
of the State of California, and having held a public hearing as
provided therein, hereby finds from all evidence submitted that
the streets described in this resolution are unnecessary for
present or prospective purposes and that the public interest
and convenience require the closing of said streets.
SECTION 2: The City Council hereby orders the
vacation of portions of streets described as follows in
attached exhibits and subject to the attached conditions:
SECTION 3: In the proceeding herein adopted by
this City Council for vacation of the streets described in
Section 2, the City of La Quinta reserves and excepts from the
vacation the permanent easement and right at any time, or from
time to time, to construct, maintain, operate, replace, remove
and renew sanitary sewers and storm drains and appurtenant
structures in, upon, over and across any street or part thereof
proposed to be vacated and pursuant to any existing franchises
or renewals thereof, or otherwise, to construct, maintain,
operate, replace, remove, renew and enlarge lines of pipe,
conduits, cables, wires, poles and other convenient structures,
equipment and fixtures for the operation of gas pipe lines,
telegraphic and telephone lines, railroad lines, and for the
distribution or transportation of electric energy, petroleum,
and its products, ammonia, water and incidental purposes,
including access and right to keep property free from
inflammable materials, and wood growth, and to otherwise
protect the same from all hazards in, upon, and over the street
proposed to be vacated.
SECTION 4: The City Council hereby determines that
the vacation of the streets described herein is required by
public interest, convenience, safety and welfare.
SECTION 5: The City Council hereby determines that
the vacation will not cause significant environmental impact
and adopts a Negative Declaration.
SECTION 6: The City Council hereby determines 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.
RESOCC.004/CS -2-
PASSED, APPROVED and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 4th day of
September, 1990, by the following vote, to wit:
AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Bosworth
n
ABSTAIN: None !I
JOHN '7E
City of
ATTEy§T :
SAUNDRA L. JUHOLA,
City of La Quinta,
APPROVED AS TO FORM:
Clerk
ifornia
DAWN HONEYWELL, City Attorney
City of La Quinta, California
, a•aa Y vi i
a Quinta, California
RESOCC.004/CS -3-
^#=Q CITY COUNCIL R*SOLUTION NO. 90-70
CONDITIONS OF APPROVAL
STREET VACATION 90-012
JULY 31, 1990
1. Street vacation is approved per attached Exhibit A'* and
street dedication per attached Exhibit B' is approved
and shall be granted at time of vacation recordatlon.
2. Prior to recordation of Vacation, plans for emergency
vehicle access to Riviera Drive from 54th Avenue shall be
approved by the Fire Marshal.
3. Cul-de-sac improvements shall be installed at the time
that the area of street vacation is closed to
satis*action of the City. Plans for culde-sac shall be
approved by thf? *ngineering D*partment.
4, Prior to recordation of vacation, Applicant shall provide
to Engineering Department clearance from all affected
public utilities to vacate the street.
5. Six foot high masonry *erimeter wall shall be proved
around new cul-de-sac with 20 foot wide landscape lot
provided. Plans for wall and landscaping time table for
installation shall be approved by the Planning and
Development Department prior to vacation being recorded.
6. Access to customer service and construction offices shall
be from within project once ne* cul-de-sac is constructed
on 54th Avenue.
CaNAPRVL.007/CS 1
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^#=Q Exhibit A1
The southerly 30.00 feet of the southeast one quarter of the southwest
one-quarter of Section 8, T6S-R7E, S.B.M.. together with the northerly
30.00 feet of the northeast one*quarter of the northwest one-quarter of
Section 17, T&S-R7E, S.B.M.. in the County of Riverside, State of
California.
That portion of the southerly 30.00 feet of the southwest one-quarter of
the southeast one-quarter of Section 8, T* *7E together with that
portion of the northerly 30.00 feet of the northwest one*quarter of the
northeast one*quarter of SecUon 17, ThS-R7E. S.B.M.. lying westerly of
the following described line:
Commencing at the southeast corner of Government I-Ot 3 in Fracuonal
Section 8. 1'6$-R7E, San Bernardino Meridian. in the County of
Riverside, State of California, according to the Off*cia1 Flat thereof:
Thence $89o38.22**W along the southerly line of said *`er!lment I,Ot 3,
said line also being the northerly right Qf way line of 54th Avenue. 60
feet wide, as shown on Record of Survey recorded tri Beok 70 at pages
96 through 98 thereof, Records of Riverside County. State of California,
a distance of 405.53 feet to the point of beginning of said Line to be
described:
Thence *utheas'terly along a curve concave northeasterly having a radius
of 57.00 feet through an angle of 93c010l"an arc length of 92.54 feet
to a point on the southerly right of way line of 54th Avenue as shown
on said Record of Suiv*y. *e initial radial of g**d *rue bears
N87020'30"W).
I*L*Lw**Th AveflUe*Vaca*otl I 089
VACATION 90-012
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