HomeMy WebLinkAbout20939 - RESOLUTIONS - 5/19/2004 RESOLUTION NO. 20939
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 EL ALAMEDA IN
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
FILE R-03-052
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 May 19, 2004, for City Council consideration of vacating and closing to
public use a portion of the right-of-way dedicated for the public street named El
Alameda; 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 El Alameda, 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 El Alameda, 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 the City Council does hereby find that the subject portion of the
public street named El Alameda is unnecessary for present or prospective
public use.
Section 2. That, subject to Sections 3, 4 and 5, 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 El Alameda, as the
vacated area is described and shown on Exhibits "A" and "B", attached
hereto and made a part hereof.
Section 3. That the City of Palm Springs reserves and excepts from the foregoing
' vacation a public utility easement to operate and maintain sewers, drains,
pipelines, cables, wires or any other facility of any governmental agency
or utility corporation existing in, under, or over the vacated area, unless
quitclaimed or released by the owner thereof.
Resolution 20939
Page 2
Section 4. That the owners of the properties adjacent to the subject portion of right- '
of-way dedicated for the public street named El Alameda, as the vacated
area is described and shown on Exhibits "A" and "B", said properties
identified as 879 N. Avenida Olivos (Lot 4 of Block 2 of Las Hacenditas,
Assessor's Parcel No. 507-161-002) and 903 N. Avenida Olivos (Lot 1 of
Block 3 of Las Hacenditas, Assessor's Parcel No. 507-151-015), shall be
required to remove all existing street improvements and construct all
required improvements within the vacated area, including block walls,
access gates, and landscaping, subject to the approval of the City
Engineer, the Director of Planning and Zoning, and the Building and
Safety Manager. The owners of said properties shall be responsible for
i
all costs associated therewith.
Section 5. That, in the event the obligations set forth in Section 4 above are not
fulfilled to the satisfaction of the City Engineer within two years of the date
of the adoption of this Resolution, the action taken by the adoption of this
Resolution vacating and abandoning all the City's right, title and interest
in the subject portion of right-of-way dedicated for the public street named
El Alameda, as the vacated area is described and shown on Exhibits "A"
and "B", shall be deemed null and void, and the action automatically
rescinded.
Section 6. That, upon notification from the City Engineer that the obligation set forth
in Section 4 above has been satisfied, 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 19th day of May, 2004.
AYES: Members Foat, Mills, McCulloch, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
.� °--�
City erk City Manager
REVIEWED AND ADOPTED AS TO FORM:
J
Resolution 20939
Page 3
EXHIBIT "A"
VACATION OF
RIGHT-OF-WAY
LEGAL DESCRIPTION:
BEING A PORTION OF LOT A OF THE MAP OF LAS HACENDITAS,AS SHOWN BY MAP ON FILE IN
BOOK 11, PAGE 5 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING THE EASTERLY 137.50 FEET OF LOT A.
COMPRISING 6,875 SQUARE FEET, MORE OR LESS.
QFtOFESSIOryq�
* No. C-28931
Exp,03-31-2007
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DATE,
ME NO.:
R-03-052
SHEET NO.:
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Resolution 20939
Page 4
EXHIBIT "B"
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y PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY
DEPARTMENT ,
LEGAL DESCRIPTION: DESIGN en SCALE: FILE NO.:
JRM 1" = 40' R-03-052
PORTION OF LOT A, OF THE MAP OF
LAS HACENDITAS, MB 11/5. CHECKED BY: DATE SHEET NO.:
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DJB 3/9/04 1 OF 1