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21202 - RESOLUTIONS - 2/16/2005
RESOLUTION NO. 21202 ' 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 TRAMVIEW ROAD IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-04-016 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, it has been 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 February 16, 2005, for City Council consideration of vacating and closing to public use a portion of the right-of-way dedicated for the public street named Tramview 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 portion of the public street named Tramview 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 portion of right-of-way dedicated for the public street named Tramview Road, 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. The City Council does hereby find that the subject portion of the public street named Tramview Road is unnecessary for present or prospective public use. Section 2. Subject to Section 3, 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 Tramview Road, as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 3. The City of Palm Springs reserves and excepts from the foregoing ' vacation 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 area, unless quitclaimed or released by the owner thereof. Resolution No. 21202 Page 2 Section 4. The City Clerk is hereby directed to cause a certified copy of this ' Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. ADOPTED this 16th day of February, 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA mes Thompso�City, erk David H. Ready, City ger 1 Resolutiom121202 Page 3 EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: BEING A PORTION OF LOT "A" OF DESERT HIGHLAND ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 24, PAGES 53 AND 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; THENCE S00°08'00"W ALONG THE WESTERLY LINE OF SAID LOT"A"A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF LOT 258 OF SAID MAP, SAID POINT ALSO THE TRUE POINT OF BEGINNING; THENCE S89031'40"E A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60000,001,AND AN ARC LENGTH OF 41.89 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 40.00 FEET; ' THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60000,001,AND AN ARC LENGTH OF 41.89 FEET TO A POINT OF CUSP; THENCE FROM SAID POINT OF CUSP N89031'40"W A DISTANCE OF 109.57 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT"A"; THENCE S00008'00"W A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 2,993 SQUARE FEET, MORE OR LESS. q?'of ESSIOA(4< \�) J. 84 R q * No, C-28931 Exp,03-31-2007 S�9T C IV I\- F of CAVF DATEi �� FILE NO.: R-04-016 SHEET NO.: 1 OF 2 Resolution 21202 Page 4 EXHIBIT "B" P.O.C. CENTER Y4 COR. SECTION 34 TM..R.4.E. N89'31'40"W TRAMVIEW ROAD $ LOT "A" 0 - N89'31'40"W 109.57' - 23.90' I N O I �0 T.P.O.B. o NW COR. OF LOT 25B .. © o 40.00' ' w 669-381-002 0 LOT 259 wl \$ 'o CURVE DATA 0 r o `f z I`� DELTA 0 I LENGTH RADIUS E( 1� 60'00'0 " 41.89' 40,00' z m 689-381-001 a, (� 60'DO'00" 41.89' 40.00' ,o LOT 258 `o• q�16 ' M O �tOFESSIdu._ * No, C-28931 Exp.03-31-2007 `rT,9T clvl\- P e OF DATE, PAL,y CITY OF PALM SPRINGS VACATION y PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY DEPARTMENT LEGAL DESCRIPTION: DESIGN BY. SCALE: FILE NO.: JRM 1" = 40' R-04-016 PORTION OF LOT A, OF THE DESERT HIGHLAND ESTATES, MB 24 53/54. CHECKED BY. DATE SHEET NO.: DJB 3/30/04 1 OF 1