HomeMy WebLinkAbout21100 - RESOLUTIONS - 9/15/2004 RESOLUTION NO. 21100
OF THE CITY COUNCIL OF THE CITY OF PALM '
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN
PORTIONS OF THE RIGHT-OF-WAY DEDICATED FOR
THE PUBLIC STREETS NAMED GARNET ROAD AND
TWIN STAR ROAD IN SECTION 35, TOWNSHIP 3
SOUTH, RANGE 4 EAST; FILE R-03-049
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 September 15, 2004, for City Council consideration of vacating and
closing to public use portions of the right-of-way dedicated for the public streets named
Garnet Road and Twin Star Road; 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 portions of the ,
public streets named Garnet Road and Twin Star Road, 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 portions of right-of-way
dedicated for the public streets named Garnet Road and Twin Star Road, being the
vacated areas described and shown on Exhibits "A" through "H", inclusive, 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 portions of the
public streets named Garnet Road and Twin Star Road are unnecessary
for present or prospective public use.
Section 2. That, subject to Section 3, the City Council does hereby vacate and
abandon all the City's right, title and interest in the subject portions of
right-of-way dedicated for the public streets named Garnet Road and
Twin Star Road, as the vacated area are described and shown on
Exhibits "A" through "H", inclusive, attached hereto and made a part
hereof.
Section 3. That the City of Palm Springs reserves and excepts from the foregoing '
vacation an easement for sewer purposes, and a public utility easement
to operate and maintain pipelines, cables, wires or any other facility of
any governmental agency or utility corporation existing in, under, or over
the vacated areas, unless quitclaimed or released by the owner thereof.
Page 2
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 15'h day of September, 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
City Attorney