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CC Resolution 1983-036 Street Vacation - Desert Club RESOLUTION NO. 83-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING VACATION OF A PORTION OF DESERT CLUB DRIVE LOCATED IMMEDIATELY SOUTHERLY OF ITS INTERSECTION WITH CALLE AMIGO. WHEREAS, there is shown on the official maps of the City of La Quinta, California, a certain street named Desert Club Drive; and WHEREAS, an application has been received, based upon a condition of approval for Tentative Subdivision Tract Map No. 19203, that the following described portion of Desert Club Drive be vacated: Tha~ portion of Desert Club Drive lying southerly of the southerly curved right-of-way of Calle Amigo concave northerly and having a radius of 825.00 feet as shown on map of Desert Club Tract, Unit No. 1, recorded in Book 19 Page 75 of maps, records of Riverside County. AND WHEREAS, the Planning Department of this City has rendered a report to the effect that the said portion of Desert Club Drive which is herein proposed to be vacated is and will be unnecessary for present or prospective public use, including use as a nonmotorized transportation facility; and ~EREAS, the Planning Department of this City has considered this matter and has reported that the proposed street vacation is consistent with the intent and purpose of the General Plan, and has recommended that said portion of the street be ordered vacated; and WHEREAS, pursuant to the provisions of 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, this Council, on June 21, 1983, adopted Resolution No. 83-31, declaring its intention to vacate the portion of Desert Club Drive described above; and WHEREAS, this Council did, on July 19, 1983, after publishing and posting of due notice thereof, hold a public hearing in this matter; and did find and determine that all other legal requirements of the said Public Streets, Highways, and Service Easements Vacation Law had been complied with, and did find and determine that all applicable requirements of the California Environmental Quality Act had been complied with; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. This Council finds and determines that: a. The portion of Desert Club Drive as legally described herein- above, is unnecessary for present or prospective public use; and RESOLUTION NO. 83-36 b. The said portion of Desert Club Drive is not, and will not not in the future be, useful as a nonmotorized transportation facility as defined in Section 156 of the Streets and Highways Code; and c. The said vacation of the portion of Desert Club Drive is consistent and in conformity with the General Plan applicable within the area involved. SECTION 2. Subject to Section 3 hereinbelow, the portion of Desert Club Drive as legally described above in the recitals of this Resolution, is hereby ordered vacated and abandoned. SECTION 3. This Council hereby determines that the public conven- ience and necessity require, and it is accordingly ordered, that there is reserved and excepted from the vacation of the said portion of Desert Club Drive, an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, remove, replace, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. SECTION 4. From and after the date this Resolution is recorded, the portion of Desert Club Drive as described, shall no longer consti- tute a portion of a public street of this City. SECTION 5. 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 19th day of July, 1983. ATTEST: ~ APPROVED AS TO FORM: APPROVED AS TO CONTENT: /'CITY ATTORNEY CITY ~_ANAGER