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CC Resolution 1994-056 Street Vacation - Montezuma & ChihuahuaFLEASE CCMPLETE THIS INFORMATION ECORDING REQUESTED BY: i AND WHEN RECOP{DED MAIL T0: 78-495 CALLE TAMPICO P.O. BOX 1504 _ LA OUINTA, CALIFORNIA 92253 J�164412 RECEIVED 0 CrCRLOCK RECORD MAY 2 31995 RdausO'a��O�pnY Fees i THIS SPACE FOR RECORDER'S USE ONLY Title of Document THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION t2=. ..dd.:ioeoi Rncu(mny Fea. ppuasl r) 11541'M 164412 RESOLUTION 94- 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A FIVE-FOOT UTILITY EASEMENT ON THE NORTH SIDE OF LOTS 15 AND 16 OF SANTA CARMELITA AT VALE LA QUINTA (UNIT 17) GENERALLY 100-FEET NORTH OF CALLE CHIHUAHUA AND EAST OF AVENIDA MONTEZUMA CASE: STREET VACATION 94-026 APPLICANTS: FRED WILSONIGERHARD HELDMANN WHEREAS, the City Council of the City of La Quinta did adopt Resolution 94-045, declaring its intention to vacate a five foot public utility easement, and setting the date of August 2, 1994, at the hour of 7:00 P.M., in the La Quinta City Hall City Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed street vacation; and, WHEREAS, pursuant to Sections 8322 and 8323 (Division 9, Part 3, Chapter 3) of the Streets and Highways Code of California, due notice of the Public Hearing was given by publication and posting in the time and manner prescribed by law, and by the mailing of notices of said hearing to abutting property owners; and, WHEREAS, following its discussion of the street vacation application on July 12, 1994, the Planning Commission of the City of La Quinta has determined that the vacation of said easement is not in conflict with the policies of the General Plan; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said public utility easement vacation, as follows: 1. Vacation of the subject 5-foot wide public utility easement will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portion of the public easement is no longer necessary to be retained for public utility purposes because the three parcels will be merged into one, and the easement is not needed for property to the west. 3. No local public agency has submitted objections to the street vacation proposal based on City Staff's transmittal of June 22, 1994. 4. Approval and adoption of the proposed public utility easement vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the public utility easement will transfer and restore possession of an adjoining portion of the vacated public utility easement to the vested owner or owners of each abutting parcel of real property. 164412 Resolution 96-5fa.- NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, in regular session assembled on the 2nd day of August, 1994, as follows: SECTION 1: The City Council, having elected to proceed under the provisions of Division 9, Part 3, Chapters 2, 3, and 5, of the Streets and Highways Code of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that vacating the five foot public utility easement is not detrimental to any affected public agency as described in EXHIBIT A, attached hereto and incorporated herein, and is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities, and public convenience requires the vacation of said portions of a public utility easement. SECTION 2: The City Council hereby orders the vacation of the public easement described in EXHIBIT A, attached hereto and incorporated herein, as described therein. SECTION 3: The City Council hereby determines that adoption of the vacation request will not cause any significant negative environmental impact and that the vacation of the public utility easement is in the public interest, convenience, safety, and welfare of the community. SECTION 4: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder, that from and after the date of such recordation said portions of the public easement vacated no longer constitute a public utility easement, and that such recordation shall not take place until the following conditions have been met: 1. The three parcels shall be merged into one parcel. SECTION 5: The City Council hereby determines and orders 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, California, but only upon written and proper confirmation from the Director of Planning and Development of the City of La Quinta that the condition imposed hereinabove under "SECTION 4" have been satisfactorily completed. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of August, 1994, by the following vote, to wit: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 164412 Resolution 94-56 ATTEST: AUNDRA JUHOLA, C' y Clerk City of La Quinta, California APPROVED AS TO FORMAT: DAWN HONEYWEL , City Attorney City of La Quinta, California Resolution 94-SE EXHIBIT A _ 164412 Description of the portions of the south one-half of Calle Tampico vacated Those portions of the south one-half of Calle Tampico in the City of La Quinta, County of Riverside, State of California, described as follows: That portion of Lot A (the south one-half of Calle Tampico, 30 feet wide) of Santa Carmelita at Vale La Quinta, Unit No. 9, as shown on map thereof on file in Book 18, page 69, of Maps, Records of the County Recorder of said County, lying between a straight line extending from the northeast corner of Lot 1 in Block 69, as shown on said map, to the northerly line of said Lot A, and at right angles thereto, and the following described line: Commencing at the southwest corner of Lot 22 in Block 73 as shown on said map, said corner being a point in the easterly line of Avenida Carranza, 60 feet wide, as shown on said map; Thence North 18*28157" East a distance of 62.95 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00*03100" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A; EXCEPTING from the above -described portion the following four (4) parcels, hereinafter described as Parcels A through D: PARCEL A: That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot 1 in Block 73 as shown on said map, said corner being a point in the westerly line of Avenida Ramirez, 60 feet wide, as shown on said map; Thence North 18035112" West a distance of 62.88 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00003'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. Exhibit A 164412 Resolution 9e-56 LINE 2: Commencing at the southwest corner of Lot 22 in Block 72 as shown on said map, said corner being a point in the easterly line of Avenida Ramirez, 60 feet wide, as shown on said map; Thence North 18032'05" East a distance of 62.78 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00*03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. PARCEL B : That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot 1 in Block 72 as shown on said map, said corner being a point in the westerly line of Avenida Vallejo, 60 feet wide, as shown on said map; Thence North 18038128" West a distance of 62.71 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00003'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 22 in Block 71 as shown on said map, said corner being a point in the easterly line of Avenida Vallejo, 60 feet wide, as shown on said map; Thence North 18035'15" East a distance of 62.61 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00003100" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. PARCEL C : That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: Exhibit A 164412 Resolution 94- 5b LINE 1: Commencing at the southeast corner of Lot 1 in Block 71 as shown on said map, said corner being a point in the westerly line of Avenida Herrera, 60 feet wide, as shown on said map; Thence North 18*41'37" West a distance of 62.54 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00003'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 22 in Block 70 as shown on said map, said corner being a point in the easterly line of Avenida Herrera, 60 feet wide, as shown on said map; Thence North 18*38'25" East a distance of 62.44 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 feet, and said point being also the Point of Beginning; Thence North 00003100" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. PARCEL D: That portion of said Lot A (the south one-half of Calle Tampico) lying between the following two described lines: LINE 1: Commencing at the southeast corner of Lot 1 in Block 70 as shown on said map, said corner being a point in the westerly line of Avenida Velasco, 60 feet wide, as shown on said map; Thence North 18*44147" West a distance of 62.37 feet to a point in the northerly line of said Lot 1, said point being the westerly terminus of the curved northeasterly line of last said lot, said curved northeasterly line being a tangent curve, concave southwesterly, having a radius of 20 feet and a length of 31.37 feet, and said point being also the Point of Beginning; Thence North 00003'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. LINE 2: Commencing at the southwest corner of Lot 1 in Block 69 as shown on said map, said corner being a point in the easterly line of Avenida Velasco, 60 feet wide, as shown on said map; Thence North 18041'36" East a distance of 62.27 feet to a point in the northerly line of said Lot 22, said point being the easterly terminus of the curved northwesterly line of last said lot, said curved Exhibit A 164412 Resolution 94- 56 northwesterly line being a tangent curve, concave southeasterly, having a radius of 20 feet and a length of 31.46 filet, and said point being also the Point of Beginning; Thence North 00*03'00" East, at right angles to the northerly line of said Lot A, a distance of 30 feet to said northerly line of Lot A. RESERVING AND EXCEPTING from the above -described vacated portions an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code of California. �j Exhibit A 164412 EXHIBIT A LEGAL DESCRIPTION FOR VACATING 5' WIDE EASEMENT That portion of five (5') foot wide easement, within Lots 15 and 16, located adjacent to and southerly of the north line of said Lots 15 and 16, in Block 169, of Unit No. 17, Santa Carmelita at Vale La Quinta, in the City of La Quinta. Said easement is shown on the map filed in Book 19 of Maps, Pages 19 and 20 thereof, records of Riverside County, State of California. 164412 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of RESOLUTION NO. 94-56 adopted by the La Quinta City Council in a regular meeting on August 2, 1994. AUNDRA L. JUHOL.., City Clerk City of La Quinta, California