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Home My WebLink About10/6/1999 - STAFF REPORTS (3) DATE: October 6, 1999 TO: City Council FROM City Engineer VACATION OF A PORTION OF THE PUBLIC UMXry LANDSCAPE, AND SIDEWALK EASEMENT RESERVED FROM THE VACATION OF TEE STREET KNOWN AS VIA EYTEL IN SECTION 11, T. 4 S.,R.4 E;FILE R-99-001. RECOMMENDATION: That the City Council adopt a resolution to vacate a portion of the Public Utility, Landscape, and Sidewalk Easement reserved from the vacation of the street known as Via Eytel in Section 11,Township 4 South,Range 4 East,under the provisions of Chapter 3,Part 3,Division 9 of the Public Streets,Highways and Service Easements Vacation Law, of the Streets and Highways Code of the State of California. BACKGROUND: The properly 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. On September 15, 1999, City Council adopted Resolution No. 19649 declaring its intention to vacate a portion of the public utility,landscape, and sidewalk easement reserved from the vacation of the street known as Via Eytel, and scheduled a public hearing for October 6, 1999,to hear all persons interested in or objecting to the said easement vacation. The CtV s Planning Commission determined that the proposed easement vacation is consistent with the General Plan,Case No. 10.419,at the August 25, 1999,Planning Commission meeting. Notices ofthe easement vacation have beenpostedwithinthevacation area,published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. There have been no requests by a public utility company or from City staff for reservation of a public utility or access easement within the vacation area APPROVED 49AA� DAVID J. BARAKIAN City Engineer APPROVED: City Manager ATTACHMENTS: 1. Resolution 2. Description Exhibit"A" 3. Map Exhibit"B" 3@aaa� • OOC is 1ld99--4e�345� 29/21/19M 08;00A Feo;NC PLEASE COMPLETE THIS INPORMATION Pays 1 of S RECORDING REQUESTED aY Recorded An Offletal Reaerde County of Riveretda Gory L. Orso CumtV AND WHEN RECONOED MAIL t0 I(,II�II�IIIII�p I,■u Illlll Merl, �ll ar c14y c,:., o� a, - - - - - - - an a pm tlDadt M moo } Rom- .1ev��rticu�s ICN 422l03 A R L ttww Aauo Nam am AM - Title of Document by PA(1 f S` U THISAR- ,)E. A o . RpI 1 0)" R -a's USE----., ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (53.00 Additional Recording Fee AppheS) sTc=0 WG,1p'"8 9n FETLORNM Cry CLEjrt CffYCF PALM SMW.S PAIM RESOLUTION NO, 19662 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE PUBLIC UTILITY, LANDSCAPE, AND SIDEWALK EASEMENT RESERVED FROM THE VACATION OF THE STREET KNOWN AS VIA EYTEL IN SECTION l 1,T.4 S.,R.4 E; FILE R-99-001. WHEREAS the City Council of the City of Palm Springs, California, is authorized by Chapter 3, Part 3, Division 9, of the Public Streets, Highways and Service Easements Vacation Law of the Streets and Highways Code, of the State of California, to vacate and close to public use service easements or parts of service easements within the limits of the City; and WHEREAS on September 15, 1999, the City Council did adopt Resolution No. 19649 declaring its intention to vacate and close to public use that portion of the public utility, landscape, and sidewalk easement reserved from the vacation ofthe street known as Via Eytel,and the City Council did post notice as required by the statute,and did hold its public hearing as required by the statute; and WHEREAS the Planning Commission has determined that the service easement vacation is consistent with the Circulation Element of the City's General Plan; and WHEREAS the City Council has considered all evidence submitted concerning the portion of the public utility, landscape, and sidewalk easement reserved from the vacation of the street known as Via Eytel, being the vacated area described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, and the need therefor for present or prospective public service easement purposes. NOW THEREFORE BE IT RESOLVED by the Ciiy Council ofthe City ofPalm Springs,as follows: Section 1. That the City Council does thereby find that the aforesaid portion of public service easement is unnecessary for present or prospective pltblic use Section 2. That the City Council does hereby vacate and abandon all the City's right, title, and interest in that portion of the public utility, landscape, and sidewalk easement reserved from the vacation of the street known as Via Eytel, as the vacated area is described and shown in Exhibits "A" and "B", attached hereto and made a part hereof, a public service easement within the City of Palm Springs, County of Riverside, State of California. Section 3. . That the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by her under the seal of the City, to*be recorded in the Office of the County Recorder of Riverside County. The City Clerk is further directed to transmit a certified copy of this Resolution to the County Surveyor of Riverside County. are 3Caw -t 306 Resolution No. 19662 Page 2 ADOPTED this 6th day of October 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT* None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By; /s/ Patricia Sanders /s/ Rob Parkins City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: R-99-991 1 call 11PRY T p lO GWATBGS COPYOIP i DIILLYADOPI SD RYUM QiTY COUMM CW TIM CLTY,%PALM SFRD!i, In Tll 'HEIAONTHE fad' ,.��DAYOF DATIt;D ALM SPRiNG��9�9 DAY OF -1149 OPOK CITY CLERK CITY OP PALM SPRUM CALII+'OD;M rllw eS:d • • !. EQK �.• -Resbljtion No. 19662 Page 3 r EXHIBIT •A' THAT PORTION OF THE SOUTHERLY 20.00 FEET OF LOT A I VIA EYTEL ) OF LAS HACENDITAS NO. 2, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AS PER MAP RECORDED IN BOOK 15 PAGE 55 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 HACENOITAS NO. 2; _ THENCE NORTH 009 04' Soo EAST 20.00 FEET ALONG A PROLONGATION OF THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 890 59' 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' 00r WEST 263.00 FEET TO THE POINT OF BEGINNING LAN�O DSO d N0. 4152 * Exp. OB•90 00 PETE BILLINGTON OF(; PB/ct 07.02-99 ��mu��u�n►� u��a��n��► �arex, Resolution No. 19662 Page 4 EXHIBIT 'B" i I + I am a, r.4s.�R.4a7e a.c YZ/ 0 0 a � di.+ .GrYTE4 rdor.a� � 'WAVY° , CW 4w ad'p,e0' 2d ti 0 for Z g a�ac.r B ea, a pL LANp 6 Q $ o * 0 D * / CAL, of 11A(4 .� CITY OF PALM SPRINGS ,� sy ,RfiAI PROPERTY DIV1810N oAre: 1?ORTION OF THE SODTSERLY 20.00 FEET Cr9 SCALE: FILE NO. OF LOT A ( VIA RYTBL ) OF LAS BACERMAS 1"=50( R• Act-wl NO. 21 PER M.$. 15/55, - O.R. CHECKED eyt APPROVED BY, SNEEr No. Semma 11 T.A,S. R.#E S".SM. I OR 1 • I INIenI1W � lB/21$ M 9ep .. NMM NN NNUUNN WW��IIIINN II�NN1I�,NN1I II��II1I at 5 t 1� AFFIDAVIT OF POSTING NOTICES 1, the undersigned, the City}engineer for the City of Palm Springs, California, do hereby certify tbat a copy of the Resolution of Intention No. 19649 for the vacation of portion of the p6blic- utility, landscape and sidewalk easement reserved from the vacation of the street known as Via Eytel Sec 11, T. 4 S. ,R. 4 E. was posted in three ( 3) locations indicated on the attached drawing on September 21 , 199 9 A copy of said Notice is attached hereto. Dated at Palm Springs, California, this Twentyfirst day of Member , 1999 DAVID J. BARABIAN City Enginm Public Works Deparmrent City of Patin Springs California am-w.pw o�pALM S'09 Nfaoo9 . Z �� RECEIVED PROOF OF PUBLICATION .RVACROWN " IM' o.PwL�.FtF��, t ��- ItWAAt (2015.5.C.C.P) d7'Np p�w{�r[�C TVIA IN�85C WBppFln��nnpp�{ o OtW1f tIl! PPut Blplyryeep9ar�'t ��arr� e tf Of Caof be 40 �f - m f tl � P np UbD z a t nY tef CI hbffMNwt alm �0 nee, OouM RNo y Of nWe, STATE OF CAL IU RA rrm Lv��+M lv Comity ofRhmside ,,�! �,}e "M aatl M�e Sid Pk��of Ve"M hC�odv��Eooffyvifwan Ne. t�r oaroylxpN ��medf a' pmt , n �� am at u10In t m I am a dd m of the United Stites and a reddest of et �n o�not Neu sum s a as on the County of a part I am over the ads oteiehteeH r iM.n�o`n` i yeas,and not a party to or inletestcd in the abovamtltled matter.I am the principal clerk of a o0o m nr printer of the,DESERtT SUN PUB i�iG �T COMPANY a newspapper of general circulation, up printed and ppubVA in the city of Palm Springs, the„1e County of RWerdde,and whkh oewsptper has been va�me t�atnpoiwt the County adjadg�a newspaper of general dresladen by the ++s"""dy,'s't om the a aaopeon Superior of!he County stRiv rsw4,1"Sate of m the C�nept�yer�1g� b Ca orati ender the dab of March 24,1 Cans Nambar 191236;the!the notlee,of which the tau mo°«a m wI +ftl ty. w O1 ancHted b a granted copy(ant W type not smaSer w semi +nn"t dY er NodO- es, Otlen, RNler- than son parity,has bem published is ach regnhr end mayorwi r�i�fnat and entlro Issas of said ne�appper sad not b any aapplemeat thetoof os the foibwing datm,m wig cityCM*= s SPRINGS,c vl�Nw September23rd AND ADOPTED AST A;fp Epy�TeE7NLNT rr W -pp FEET THAT ll�oE+��, pf<ppLMr. �DITAnJ610 AS In the yam 19" IN-iwfineu LWR foregoing �y(or declared coder penalty of perjury the!me ¢ 1"XU BW&M2 a�r f9M mg is we and correct �"� 23rd day �tembera �rN" 0 LLorr I Qo'r qiF w Too Dabd�Palm Sptin�CaoforniaWi: Y v BaDtvr+, N H 8odeprooseo'00• EAST289.00 1999 eNRR Oy L�EFMT aO Signature re NOWWON0NOMaT aaAO pp l/D f tW:ER'dr j 'PUB*Septunbw aa, is"