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CC Resolution 1995-096 Street Vacation - Westward Ho249087 RECEIVED FOR RECORD AT 8.00 O'CLOCK RESOLUTION 95-96 JUL 16 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Reno dell oeCw Neepee LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE 0" "Nd.cou Recorder c e WESTWARD HO DRIVE RIGHT-OF-WAY ADJACENT TO TRACT 23995 Feess_— CASE NO: STREET VACATION 95-027 APPLICANT: STAMKO DEVELOPMENT WHEREAS, the City Council did adopt its Resolution 95-85 declaring its intention to vacate portions of the Westward Ho Drive right-of-way adjacent to Tract 23995 pursuant to the Public Streets, Highways and Service Easement Vacation Law; WHEREAS, said Resolution 95-85 fixed December 5, 1995, 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, a Notice of Public Hearing was posted on site and published in the time and manner provided by law; and, WHEREAS, the Planning Commission on the 10th day of October, 1995, has determined that the vacation of said street is not in conflict with the Infrastructure 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: The proposed Street Vacation consists of property that is unnecessary for present and future uses as it is surplus right-of-way. 2. That the property in question will not be vacated for the exclusive use of a private entity as a portion of the vacated area will be dedicated to the Coachella Valley Water District for development of a domestic water well facility to service the community. 3. The proposed Street Vacation will not affect the health, safety, or welfare of the public as it does not impact an existing improved roadway or other infrastructure. Resocc.160 2,19087 Resolution 95-96 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 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 easements described in this Resolution are unnecessary for the present or prospective purposes and that the public interest and convenience require the vacation of said public easements. SECTION 2: The City Council hereby orders the vacation of the public road easements described as follows in the attached exhibits. SECTION 3: The City Council hereby determines that the vacation of the public easement described herein is required by public interest, convenience, safety and welfare. SECTION 4: The City Council hereby determines that the vacation request will not cause significant environmental impact. SECTION 5: The Resolution is valid and shall be recorded. 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. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of December, 1995, by the following vote, to wit: AYES: Council Members Adolph, Perkins, Sniff,Mayor Bangerter NOES: None ABSENT: (One Vacancy) ABSTAIN: None Resocc.160 249108 7 Resolution 95-96 GLENDA BANGERTER, City of La Quinta, Calif ATTEST: AUNDRA JUHOL , City Clerk City of La Quinta, California APPROVED AS TO FORM: �Qis!„Hi L tUrrl.p y-,4� DAWN HONEYWELL, City Attorney City of La Quinta, California Resocc.160 249087 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 THAT THE FOREGOING RESOLUTION NO. 95-96 WAS ADOPTED BY THE LA QUINTA CITY COUNCIL IN A REGULAR MEETING HELD ON DECEMBER 5, 1995 AND HAS NOT BEEN AMENDED OR REPEALED. Dated: July 8, 1997 SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California