CC Resolution 1983-032 Street Vacation Intent - Montero Estates' RESOLUTION NO. 83-32
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS
INTENTION TO VACATE AVENIDA MONTERO, CALLE
FELIPE, CALLE ORENSE, CALLE SEAMA, CALLE
HUERTA AND CALLE REMO.
WHEREAS, a petition has been received from most of the property
owners abutting the following named streets as shown on the official
maps of the City of La Quinta, California, that such streets be vacated,
to wit:
Avenida Montero
Calle Felipe
Calle Orense
Calle Seama
Calle Huerta
Calle Remo
AND WHEREAS, the Planning Department and City Engineer of this City
have rendered reports to the effect that the said streets which are here-
in proposed to be vacated are and will be unnecessary for present or
prospective public use, including use as a nonmotorized transportation
facility, provided that certain easements are reserved and conditions
satisfied, as hereinafter set forth in this Resolution; and
WHEREAS, the Planning Department of this City has considered this
matter and has reported that the proposed vacation of streets is consistent
with the intent and purpose of the General Plan, and has not Objected that
said streets be ordered vacated;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. It is the intention of this City Council to vacate those
streets as des cribed hereinabove.
SECTION 2. This vacation proceeding is conducted under Chapter 3
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") and subject to Section 2381 of the
Streets and Highways Code.
SECTION 3. The streets to be vacated are generally located in the
area immediately northwesterly of the intersection of Washington Street
and 50th Avenue, and are more particularly shown on a map on file in the
office of the City Clerk at the City Hall, 78-105 Calle Estado, La Quinta,
which map is hereby expressly referred to for further and more complete
particulars as to the proposed vacation of the described streets.
SECTION 4. The within proceedings are taken subject to reserving
and excepting from the vacation of the said streets, easements for any
existing public utilities and public service facilities, together with
the rights to maintain, operate, replace, or renew such facilities,
pursuant to Section 8340 of the Streets and Highways Code.
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'RESOLUTION NO. 83-32
SECTION 5. The within proceedings are further taken subject to
reserving and excepting from the vacation of the said streets, an ease-
ment in favor of the public, the City of La Quinta, the County of
Riverside, the State of California and all public agencies, and their
officers, agents, employees and contractors, for access, ingress and
egress of fire, police and other emergency services vehicles and
personnel, on, in, over and across the areas of the said streets being
vacated.
SECTION 6. The within proceedings are further taken subject to
the requirement by the La Quinta City Council that the following condi-
tions be satisfied before the resolution of vacation may be recorded:
A. The petitioning property owners abutting the streets being
vacated shall cause to be established and continuously maintained a
community association with the duty and responsibility to maintain the
vacated streets into the future as private streets, said association to
have the unqualified right to assess its members for all costs of main-
taining the said private streets to at least substantially the same
standards and levels of maintenance afforded by the City to public
streets in the area similar to the said private streets; and said
association shall have the right to lien the properties of the members
who default in the payment of their assessments.
B. The petitioners shall cause to be issued and filed with
the City Clerk an insurance policy satisfactory to the City Attorney,
to provide insurance coverage for a period of not less than five 5)
years from the date of recording of the resolution vacating the said
streets, naming as beneficiaries and insured, the City of La Quinta,
its officers, agents and employees, said policy protecting, indemnifying,
holding harmless, and providing legal defense against any and all claims
or actions by owners of properties abutting the street areas to be vacated
or abandoned, or by any person, firm or corporation having or claiming
any interest in any such abutting property, which claim or action seeks
compensation for interference with, or deprivation of, any alleged
abutters' rights of direct or indirect access to a public street,
including any street being vacated, or to the general City street system,
or which claim or action alleges interference with, or deprivation of,
any other type of real or supposed abutter's right or rights, and which
claim or action is based upon the action of the City in vacating or
abandoning the streets involved, or all or any portion of the public
street easements therein.
SECTION 7. The within proceedings are further taken Subject to
reserving and excepting from the vacation of the said streets, an
easement for future public street uses, pursuant to Section 8340(b) of
the Streets and Highways Code, in the event the City Council shall at
any future time, find and determine upon due notice and opportunity for
hearing, that the conditions set forth in Section 6 hereinabove are not
being continuously complied with at any point in time before expiration
thereof.
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'RESOLUTION No. 83-32
BE IT FURTHER RESOLVED that a public hearing on this resolution
and the said proposed vacation of the described streets will be held
on July 19, 1983, at 7:30 p.m. in the City Council Chambers, at the
City Hall, 78-105 Calle Estado, La Quinta, California, at which time
and place the City Council will hear and consider the proposal and
statements from all persons interested in the proposed vacation.
BE IT FURTHER RESOLVED that the City Clerk is dire?ted to cause
this Resolution to be published and posted as follows:
1. it shall be forthwith posted in at least 3 public places
designated by resolution of the City Council for posting
of ordinances and notices.
2. It shall be published twice for two successive weeks prior
to the hearing, in a daily, semi-weekly, or weekly newspaper
published in the County of Riverside and circulated in the
City of La Quinta.
3. There shall, no later than July 5, 1983, be posted conspicuously
along each of the streets herein proposed to be vacated, and
not more than 300 feet apart, at least three copies of this
resolution.
APPROVED and ADOPTED this 21st day of June, 1983.
ATTEST:
Th
CLERK
APPROVED AS TO FORM. APPROVED AS TO/CONT?NT.???
i/C IT? iT?ORNEY MANAGER
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Y.O. Boy 1504
Le Qu~N~ra, LAIJFORNIA 92247-1504
78-495 C,u.~.e 'f.an~v~co
Ln Quiu'rn, Cai.iroeuin 92255
CERTIFICATION PAGE
This is to certify that the foregoing is a
full, true and correct copy of the original
document containing 4 pages;
which is on INe In nts olRo. of ate City
t:brk of the Ca of L,a CuirN~, t:aY(onria
~ated~~~~ ?Q/
Veroraca d. f~16FMecNto, CMC
city clerk
(760) 777-9000
FAX (760) 777-7101