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CC Resolution 1997-053 Street Vacation - Obregon & Montezuma 1997-034PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: ,, Z.a� q e� �Ap 57 DOG = 1999-33G509 07/28/1999 08:00A Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder 11111111111 JI 111111111111111111111111111111 M I S U PAGE 512E DA PCOR NOCOR SMF MISC. k. tAR / L COPY LONG REFUND NCHG E%AM RA: DTT: A-so/&S'� Title of Document A �I THIS AREA SF FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STCSCSD 998e (Sm B/WI RESOLUTION 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE AVENIDA OBREGON STREET RIGHT OF WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 2. STREET VACATION CASE NO. 97-034 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 97-41, declaring its intention to vacate a portion of Avenida Obregon, and setting the date of July 1, 1997, at the hour of 7:00 P.M., in the La Quinta Civic Center 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 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the street vacation application on May 13, 1997, the Planning Commission of the City of La Quinta has determined that the vacation of said street portions is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; 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 street vacation, as follows: Vacation of the subject portions of the public street right-of-way of Avenida Obregon 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 portions of the Avenida Obregon street right-of-way are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 3. No local public agency has submitted objections to the proposed street vacation, based on the City's request for comments issued May 6, 1997. However, one agency has requested the reservation of an easement across a portion of the proposed vacation area: 1 99 9e� es$seeaIIII HIM1111111111111111111111111111111111111111111111111111111111 s a) The Southern California Gas Company has requested an easement for an existing gas line, generally described as a gas line easement twenty (20) feet wide in the vacated portion of Avenida Obregon, as more specifically described within Exhibits "A" and "B". 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the public street easement will restore possession of the vacated right-of-way to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portions of the public streets known as Avenida Obregon, generally located near the intersection of Avenida Montezuma, and more specifically described in the legal descriptions and plats, labeled Exhibits "A" and "B", attached hereto and incorporated herein, are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of the portions of the public streets described in Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated herein, reserving and excepting from the vacation an exclusive easement twenty (20) feet wide for an existing gas line owned by the Southern California Gas Company, as described in SECTION 3. SECTION 3: The exclusive easement reserved for the Southern California Gas Company is included in Exhibit "A" and "B", attached hereto and incorporated herein. The easement reserves the fo'lowing rights and limitations: a) The Gas Company's agents and employees, shall at all times have the right of ingress to and egress from said easement and every par* thereof to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove said pipeline, its fixtures, appurtenances and to remove objects interfering with the construction, operation and maintenance thereof. IIIIII IIIIII IIIII IIIII IIIIII III IIIIIII III IIIII IIII IIII 07 198 9 8of 88960fi b) Trees, buildings, walls, permanent structures, and any other objects which may interfere with or endanger the gas line shall not be placed within the easement area, except garden walls that perpendicularly cross the gas line along the parcel boundary. In the event that the facilities require maintenance, repair or replacement, The Gas Company shall not be liable for restoration of any surface improvements within the easement. SECTION 4: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 5: 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 street vacated no longer constitute a public street or highway. SECTION 6: 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. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of July, 1997, by the following vote to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None GLAmnA.HOLT, Mayor City of La Quinta, California ATTEST: 9AUNDRA L. JUHOLA, City Clerk City of La Quinta, California 11111111111 HIMI III IIIII IIIIII III IIIIIII III IIIII IIII INe i9a d8of 88 88900fi APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California IIIIII IIIIII IIIII IIIII IIIIII III IIIIIII III IIIII IIII IN07 12 99 08 88900R "EXHIBIT A" Being a portion of Avenida Montezuma and a portion of Avenida Obregon as shown by the Map of the Santa Carmelita at Vale La Quinta, Unit No. 2, in the City of La Quinta as shown by Map on file in Book 18, at pages 55 and 56 of Maps, Official Records of Riverside County, California being more particularly descried as follows: BEGINNING at the most Southwesterly comer of Lot 2, Block 19 of Santa Carmelita at Vale La Quinta No. 2, in the City of La Quinta, as shown by Map on file in Book 18 of Maps, at pages 55 and 56 of Maps Official Records of Riverside County, California; Thence South 89 53' 37" West, along the Westerly prolongation of the South line of said Lot 2 a distance of 59.90 feet to the Southeasterly right of way of Avenida Montezuma, having a half -width of 30.00 feet as shown on said Map; Thence North 37 56' 07" East, along the Southeast right of way of Avenida Montezuma, a distance of 88.88 feet to a point of intersection with the Westerly prolongation of the North line of said Lot 2 and the Southeast right of way of Avenida Montezuma; Thence North 89 53' 37" East, along the Westerly prolongation of the North line of said Lot 2 to a point in a non -tangent curve, having a radial bearing of South 79 45' 04" East and having a radius of 40.00 feet, a distance of 5.78 feet to the Northwest corner of said Lot 2; Thence Southerly, along said curve in the West line of Lot 2, through a central angle of 10 21' 19" an arc distance of 7.23 feet to the end of the curve; Thence South 00 06' 22" East along the West line of Lot 2 a distance of 62.81 feet to the POINT OF BEGINNING. Contains: 2278 Sq. Feet. Reserving therefrom an exclusive easement for gas pipelines in favor of the Southern California Gas Company over a strip of land, 20.00 feet in width, lying 10.00 feet on each side of a line parallel with and 15.00 feet West of the West line of said Lot 2. 11111111111111111111111111111111111111111 III 1111111111111 a� z$es fs $090eR 'EXHIBIT. B' SHOWING THE VACATION OF A PORTION OF AVENIDA OBREGON. AS SHOWN BY M.B.18/55-56 IN THE CITY OF LA QUINTA• CALIFORNIA. N 07.03'530 18.38 J 30' = 30' N N f f o in 19 z 1 IIII 1 Hill 11111111111111111111111111111111111 ill INIIII &?/28/ LOT 1 �N 89'53'37•E 5.78 N 89.53'370E 99.35 79•g3 04'M (R1 to' 21'19• R-40.00 L-7.23 T-3.62 LOT 2 (MEYER) A.P.N. 773-081-002 GAS EASEMENT !6• SANTA CARMELITA AT VALE LA OUINTA. UNIT NO. 2, M.B.18/55-56 LOT 3 PROPOSED R/W AVENIDA OBREGON EXISTING R/W AVENIDA OBREGON prepared by: TRI-STATE LAND SURVEYORS AND CIVIL ENGINEERS 78035 Calle Estado La Ouinta, CA 922 (760) 564-0271 hmn1 3-336509 1999 98 NA 7of 8 No C. mdm" LS.4820 r I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 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. 97-53 is a full, true and correct copy adopted by the City Council on July 1, 1997. DATED: July 21, 1999 x' UNDRA L. JUHOLA, City Clerk City of La Quinta, California I IIIIII IIIIII IIIII IIIII IIIIII III IIIIIII III IIIII ig99 IIII IIII A7 89 �8 88y0DR