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HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (17) DATE: September 15, 1999 TO: City Council FROM City Engineer VACATION OF A PORTION OF THE PUBLIC UTILITY, LANDSCAPE, AND SIDEWALK EASEMENT RESERVED FROM TEE VACATION OF THE STREET KNOWN AS VIA EYTEL IN SECTION 11, T. 4 S.,R. 4 E. RECOA04ENDATION- That the City Council adopt a Resolution of Intention to Vacate a portion of the Public Utility,Landscape,and Sidewalk Easement reserved from the vacation of the And known as Via Eytel, as requested by the adjoining property owners and schedule a Public Hearing for October 6, 1999, for the said vacation of easements, under theprovision ofthePublic Streets,Highways,and•SemceEasemeots Vacation Law of the State of California. BACKGROUND: The right-of-way for the stream known as Via Eytel was vacated by the City of Palm Springs on September 21, 1977,via Resolution No. 12372. However, Section 1 of the Resolution of Vacation reserved therefrom an easement for public utility, landscape, and Sdewalk purposes. The property owners adjacent to this portion of Via Eytel have requested the proposed vacation of the adjacent southerly twenty (20) feet of the reserved easements. The abandonment of these easements will facilitate proposed private development of the adjacent properties. The proposed easement vacation was determined to be consistent with the General Plan,Case No. 10.419, and approved by the Planning Commission at its August 25, 1999,meeting. If the City Council desires to approve- the proposed easement vacation, it is recommended that the attached Resolution of Intention be adopted scheduling a PublicHearmg for the proposed easement vacationfor October 6, 1999. Therequest submitted by the petitioners for the proposed easement vacation is on file in the City Clerk's Office. ' �f/f APPROVED . ' �& t:; Y APPROVED: tiY g ATTACHMENTS: 1. Resolution 2. Description Exhibit"A" 3. Map Exhibit"B" RESOLUTION NO. 19649 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,DECLARINGTTS INTENTION TO VACATE ITS RIGHT,TITLE AND INTERESTS IN A PORTION OF THE PUBLIC UTIUTY, LANDSCAPE, AND SIDEWALK EASEMENT RESERVED FROM THE VACATION OF TEE STREET KNOWN AS VIA EYTEL IN SECTION 11, T. 4 S.,R. 4 E. WHEREAS, the City Council of the City of Palm Springs,California, is authorized by the Public Streets, Highways and Service Easements Vacation law, Part 3, Division 9 of the Streets and Highways Code of the State of California, to vacate and close to public use streets, or parts of streets,within the limits of the said City;and WHEREAS, the City Council intends to vacate and close to public use a portion of the easements reserved from the vacation ofthe street known as Via Eytel lying between Avenida Palmas and Vial Graleste in the said Section 11,easements within the City ofPalm Springs, County of Riverside, State of California NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That the City Council does hereby signify and declare its intention to vacate the southerly twenty(20)feet of that portion of the public utility,landscape, and sidewalk easement reserved in Section 1 of Resolution of VacationNo. 12372 for the vacation of the street known as Via Eytel, in said City, as described in Exhibit A and shown on Exhibit B attached hereto and made a part hereof Section 2. That the CityEngmeer of the said City is to hereby conspicuously post along the line of that part ofthe easements within Via Eytel proposed to be vacated at not more than 300 foot intervals,but not less than 3 in all on said portion of street,notices of easement vacation. Such notices shall state passage of the Resolution of Intention, the time and place of hearing all persons interested in, or objecting to,the proposed vacation. Section 3. On the 66 day of October 1999, at the hour of 7:00 p.m. on said date, in the City Council Chambers at 3200 E. Tahquitz Canyon Way, Palm Springs, California,being,and the sane is hereby,fixed as the time and place for the said proposed easement vacation,said time being not less than 15 days from the date of adoption of this Resolution. Section 4. That the City Clerk be, and hereby is, directed to cause this Reschttion of Intention to be published in a manner prescribed by law for the publication of ordinances of said City. ADOpTjED tbis 15th day of September 1999 AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM R 99-001 R19649 Page 2 lqb EXHIBIT 'A' EASEMENT DESCRIPTION THAT PORTION OF THE SOUTHERLY 20.00 FEET OF LOT A ( VIA EYTEL 1 OF LAS HACENDITAS NO. 2, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AS PER MAP RECORDED IN BOOK 18 PAGE 66 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK B OF SAID LAS HACENDITAS NO. 2; THENCE NORTH 000 04' 30' EAST 20.00 FEET ALONG A PROLONGATION OF THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 890 69' 00' EAST 263.00 FEET; THENCE SOUTH 000 04' 30' WEST 20.00 FEET TO THE NORTHERLY LINE OF LOT 8 OF SAID BLOCK B; THENCE NORTH 890 59' 00'WEST 263.00 FEET TO THE POINT OF BEGINNING 1W `D�p1.LlutNju CL 152 .P. 30- * EXp. 08-90-00 PETE BIWNGTON A�OF CAI PB/ct 07-02-99 R19649 Page 3 EXHIBIT 'B' 1 ` M I _ h + I u O[C.it, T.45.11e.4<�0.aAt. ' 1 O !//A .�YTEL ItOTA� J I S 69• 3'9' 00"C 86'9•a t ad, 4 C e tp 0 LOT / 2 LOT B 9 exoc.r 8 PO 4 F e 01 5h 0 ep� JA �P `�Al LANDS o��u�B�NOro Gr< O. 4152 p * x . 0 * / OFC 7—d^99 ►ALM ., CITY - OF PALM SPRINGS t ♦�s� .REAL PROPERTY DIVISION V p DATE: f PORTION OF THE SOUTHERLY. 20.00 FBBT OEm By: SCALE: FILE NO. OF LOT A ( VIA BYTEL ), OF LAS RACENDITAS NO. 2 f PER M.B. 15/55 f O.R. CHECKED SY, APPROVED BY: SHEET NO. Section It . T.A.S. RA,E. S.S.B.8M. OF lqb3