HomeMy WebLinkAbout19402 - RESOLUTIONS - 11/18/1998 0 5sb�s
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RESOLUTION NO. 19402
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
CALIFORNIA, ORDERING A SUMMARY VACATION OF A
EASEMENT DEDICATED FOR PUBLIC UTILITIES ACROSS
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
SUNRISE WAY AND BARISTO ROAD IN SECTION 13,
T. 4 S., R. 4 E.
- - - - - - - - - - - - -
WHEREAS the City Council of the City of Palm Springs, California is authorized by Chapter
4, Part 3, Division 9, of the Public Streets, Highways & Service Easements Vacation Law of
the Streets & Highways Code, of the State of California, or order a Summary Vacation of
Easements Dedicated for Public Utilities purpose and close easements or parts of easements to
public use for public utilities within the limits of said City; and
WHEREAS the City Council has been petitioned by the property owner to vacate and close to
public use, an easement dedicated for public utility purposes across property located at the
Northeast corner of Sunrise Way and Baristo Road, the vacated easement being located within
the City of Palm Springs, County of Riverside, State of California; and
' WHEREAS the vacation area can be summarily vacated because public utilities have never
been installed or developed in the subject public utility easement and no public funds have
been expended for any improvements to the subject public utility easement or the surrounding
property, including public utilities or street improvement; and
WHEREAS from and after the date the Resolution is recorded vacating the subject public
utility easements, the public utility easement vacated shall no longer constitute an easement
crossing over the property at the northeast corner of Sunrise Way and Baristo Road and
WHEREAS the public utilities companies and City Departments dealing with the location of
utilities in public utility easements have been notified of the proposed Summary Vacation and
there has been no objections received in response to the notice; and
WHEREAS the Planning Department has been notified of the proposed Summary Vacation
and there has been no response indicating that vacation of the public utility easement would be
in conflict with the City's General Plan; and
WHEREAS the subject Public Utility Easement is not necessary for present or prospective
public utility purposes; and
' WHEREAS the City Council found from all evidence submitted that it is in the public interest
that the subject Utility easement be vacated.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
California as follows:
76
RESOLUTION NO. 19402 / /L —
Page 2 �J
Section 1. That the City Council does hereby vacate and abandon all the City's '
Right Title and Interest in that certain Public Utility Easement dedicated for Public
Utility purposes across the property located at the Northeast corner of Sunrise Way and
Baristo Road in Section 13 as the subject Public Utility Easement is described and
shown on Exhibit "A" attached hereto and made a part hereof, being located in the
City of Palm Springs, County of Riverside, State of California.
Section 2. That the City Clerk is hereby directed to cause a certified copy of this
Resolution attested to 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.
ADOPTED this 18th day of November 1998
AYES; Members Barnes, Hodges., Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: C Y OF PALM SPMN CALIFORNIA
City Clerk ity Manager
REVIEWED & APPROVED AS TO FORM
R-98-018
1
R19402
Page 3
File No. R-98-018
Vacate Public Utility
Easement Over land at
the N.E. Corner of
Sunrise Way and
Baristo Road
' Page 1 of 2
EXHIBIT "A"
VACATION OF PUBLIC UTILITY EASEMENT
That portion of the five foot wide public utility easement accepted by the City Council
according to map of San Jacinto Estates Annex, on file in Book 30 Page 31 of Maps of
Riverside County, California described as follows:
That portion of said public utility easement lying within Lots 1, 2, 6, 7, 8 and 9 as shown on
said map.
Excepting that portion lying within the northerly five feet of Lots 1 and 2.
This real property description has been prepared by me, or under my direction, in
' conformance with the Professional Land Surveyors Act.
LAND SU
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Signature:
T-
ex S. Kummer, LS 6641 sT No. 1 1�
License Expires 12/31/99 OF Cjk01Q�
Date: October 13, 1998
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PUBLIC UTILITY
EASEMENT VACATION EXHIBIT' "A"
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