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CC Resolution 1983-026 Street Vacation - Bermudas (Avenida)Q� C�2 t^; e-+ RESOLUTION NO. 83-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING VACATION OF A PORTION OF THE RIGHT-OF-WAY EASEMENT FOR AVENIDA BERMUDAS, BETWEEN AVENUE 50 AND THE SOUTHERLY SIDE OF THE LA QUINTA STORMWATER CHANNEL, WHICH PORTION OF RIGHT-OF-WAY HAS BEEN UNUSED AND IMPASSABLE. WHEREAS, a proposal has been received that this City Council vacate that portion of the right-of-way for Avenida Bermudas particularly described as follows: That portion of Avenida Bermudas located along the west section line of Section 6, Township 6 South, Range 7 East, SBB + M, extending from Avenue 50 southerly to the southerly boundary of the La Quinta Stormwater Channel. AND WHEREAS, a report has been received from the City Manager stating that said portion of right-of-way for Avenida Bermudas is unnecessary for present or prospective public use; and WHEREAS, this City Council has considered the general plan applicable within the area wherein the said portion of street right-of-way proposed is to be vacated, and has received a report in this regard from the La Quinta Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: SECTION 1. That this abandonment and vacation of street right-of-way easement is made under Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (said Part 3 being the "Public Streets, Highways, and Service Easements Vacation Law"). SECTION 2. That the negative declaration which has been pre- pared concerning this matter, pursuant to the California Environmental Quality Act, hereby is adopted. SECTION 3. That pursuant to Section 8331 of the Streets and Highways Code of the State of California (contained in said "Public Streets, Highways, and Service easements Vacation Law"), it is hereby found and determined as follows: a. The portion of Avenida Bermudas right-of-way as aforesaid was dedicated or acquired longer than five years ago, and has not been used for the purpose for which it was acquired for five consecutive years next preceding the date of this resolution, and has been impassable for vehicular travel during such five-year period; and N or ht e-1 rf The street present or prospective public use; and C. No public money was expended for maintenance on the said portion of street right-of-way during the five consecutive years next preceding the date of this resolution; and SECTION 4. That it is further found and determined as follows: a. The portion of street right-of-way being vacated has previously been shown on the official City maps, but the vacation thereof was made a condition upon the approval of Tentative Subdivision Tract Map No. 18767; and b. The said vacation of a portion of the right-of-way for Avenida Bermudas is consistant and in conformity with the general plan applicable within the area involved; and C. In the portion of street right-of-way being vacated, there are no in -place public utility facilities that are in use and would be affected by the vacation; and d. The said portion of street right-of-way being vacated is not, and will not be, useful as a nonmotorized transpor- tation facility, as defined in Section 156 of the Streets and Highways Code. SECTION 5. That the portion of street right-of-way eascmcnt for Avenida Bermudas between Avenue 50 and the southerly side of the La Quinta Stormwater Channel, as more particularly described hereinabove in the recitals of this Resolution, hereby is ordered vacated. SECTION 6. That from and after the date this Resolution is recorded, the portion of street right-of-way being vacated shall no longer constitute a portion of Avenida Bermudas or of any street or highway of this City. SECTION 7. That the City Clerk is hereby directed to cause a certified copy of this resolution, attested by him under seal, to be recorded in the Office of the County Recorder of Riverside County. APPROVED and ADOPTED this 17th day of May, 1983. ATTEST: IiY RK APPROVED AS TO FORM: ,-CITY ATTORNEY 6j4w_� MAYOR , APPROVED AS TO CONTENT: CITY NAGER