HomeMy WebLinkAbout20804 - RESOLUTIONS - 12/17/2003 GE4`w 1� ?c_i
RESOLUTION NO. 20804
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 RIGHT-OF-WAY DEDICATED FOR THE PUBLIC
STREET NAMED NORTH SUNRISE WAY IN SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-03-042
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California
(the"statute"), to vacate and close to public use streets, or parts of streets, within the limits
of the City; and
WHEREAS, the Planning Commission has determined that the right-of-way vacation is
consistent with the Circulation Element of the City's General Plan; and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for December 17, 2003, for City Council consideration of vacating and
closing to public use a portion of the right-of-way dedicated for the public street named
North Sunrise Way; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and did
cause to be posted notices of vacation along the line of the subject portion of the public '
street named North Sunrise Way, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and has
considered all evidence submitted concerning the subject portion of right-of-way dedicated
for the public street named North Sunrise Way, 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 and prospective public road purposes.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as
follows:
Section 1. That Resolution No. 18764,adopted by the City Council on January 3, 1996,
is hereby rescinded.
Section 2. That the City Council does hereby find that the subject portion of the public
street named North Sunrise Way is unnecessary for present or prospective
public use.
Section 3. That the City Council does hereby vacate and abandon all the City's right,
title and interest in the subject portion of right-of-way dedicated for the public
street named North Sunrise Way, as the vacated area is described and
shown on Exhibits "A" and "B", attached hereto and made a part hereof.
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Page 2
RESOLUTION NO.
' Section 4. 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.
ADOPTED this 171h day of December, 2003,
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
CityClerk City Manage
REVIEWED AND ADOPTED AS TO FORM:
Resolution 20804
M19P 3
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF A PORTION OF SUNRISE WAY ,
Those portions of the right—of—way granted to the City of Palm Springs,
California, a Municipal Corporation, in the City of Palm Springs, County of
Riverside, State of California, per the documents recorded October 10, 1968,
and October 21, 1968, as Instrument Nos. 91789 and 101141, respectively, of
Official Records of said County, lying easterly of a line parallel with and 40.00
feet easterly, measured at right angles, from the westerly line of the southwest
quarter of Section 36, Township 3 South, Range 4 East, San Bernardino
Meridian, and lying westerly and southwesterly of the southwesterly
right—of—way of the Whitewater River Channel, as shown on Record of Survey
filed in Book 95, Pages 14 through 18, inclusive, records of said County.
As shown on Exhibit "B" attached hereto and by this reference made a part
hereof.
IAND
James R Gill
Ja s R. Gill, L.S./5780 E) 6/30/04 LL
License Expires: June 30, 2004 No. 5780
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H&A LEGAL NO. 5789 1 OF 2
Resolution 20804
Page 4
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