HomeMy WebLinkAbout20816 - RESOLUTIONS - 1/21/2004 RESOLUTION NO. 20816
' OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN THOSE
CERTAIN RIGHTS OF INGRESSAND EGRESS OFAREAS
DESIGNATED AS PRIVATE STREET FOR SERVICE AND
EMERGENCY VEHICLES, AS SHOWN ON TRACT MAP
10527, RECORDED MARCH 15, 1979, IN BOOK 102,
PAGES 43 THROUGH 45, INCLUSIVE; AND THOSE
CERTAIN EASEMENTS FOR SEWER LINE,WATER LINE,
AND PUBLIC UTILITY PURPOSES AS DESCRIBED IN AN
EASEMENT RECORDED AS DOCUMENT NO. 25667,
FEBRUARY 6, 1979 IN SECTION 34, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-03-039
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 January 21,2004,for City Council consideration of vacating those certain
rights of ingress and egress of areas designated as private street for service and
emergency vehicles, as shown on Tract Map 10527, recorded March 15, 1979, in Book
102, Pages 43 through 45, inclusive; and those certain easements for sewer line,water line,
and public utility purposes as described in an Easement recorded as Document No. 25667,
February 6, 1979; 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 access and public utility
easements, 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 access and public utility
easements, being the vacated area described on Exhibits "A" and "C" and shown on
Exhibits "B" and "D" attached hereto and made a part hereof, and the need therefore 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. The City Council does hereby find that the subject portion of those certain
' rights of ingress and egress of areas designated as private street for service
and emergency vehicles, as shown on Tract Map 10527, recorded March
15, 1979, in Book 102, Pages 43 through 45, inclusive; and those certain
easements for sewer line, water line, and public utility purposes as
described in an Easement recorded as Document No. 25667, February 6,
1979; conflict with currently proposed development within Tract Map 10527,
and as such are unnecessary for present or prospective public use ���
Resolution 20816
Page 2
Section 2. Prior to the recordation of this Resolution of Vacation, the City Engineer '
shall be provided with appropriate dedications of easements for ingress and
egress of emergency and service vehicles and personnel; and shall be
provided with appropriate dedications of public utility easements to replace
these certain access and utility easements that are hereby being vacated as
part of this Resolution.
Section 3. Subject to Section 2, upon notification to the City Clerk from the City
Engineer that the requirements within Section 2 of this Resolution have
been satisfied, the City Council does hereby vacate and abandon all the
City's right, title and interest in those certain rights of ingress and egress of
areas designated as private street for service and emergency vehicles, as
shown on Tract Map 10527, recorded March 15, 1979, in Book 102, Pages
43 through 45, inclusive; and those certain easements for sewer line, water
line, and public utility purposes as described in an Easement recorded as
Document No. 25667, February 6, 1979, as the vacated area is described
on Exhibits "A" and "C" and shown on Exhibits"B" and "D", attached hereto
and made a part hereof.
Section 4. 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 21" day of January, 2004,
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manage
REVIEWED AND ADOPTED AS TO FORM:
f��
Resolution 20816
Page 3
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Resolution 20816
Page 4
EXHIBIT "A"
VACATION OF
EMERGENCY ACCESS
LEGAL DESCRIPTION:
A leasehold interest easement with the right of ingress and egress of the area designated as private
street for service and emergency vehicles, across Lot D, Lot E, Lot F, and Lot G, as shown on the
final map Tract No. 10,527 recorded March 15, 1979, in Map Book 102, Pages 43 through 45
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' Resolution 20816
Page 6
EXHIBIT "C"
VACATION OF
EASEMENT FOR PUBLIC UTILITIES
LEGAL DESCRIPTION:
Parcels 6, 7, 8 and 9 as described on that certain Easement for sewer line,water line and public
utility purposes granted to the City of Palm Springs by the United States of America, acting by and
through the Director, Palm Springs Office, Bureau of Indian Affairs, Department of the Interior, Palm
Springs, California, recorded as Document No.25667, recorded February 6, 1979.
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