HomeMy WebLinkAbout21203 - RESOLUTIONS - 2/16/2005 RESOLUTION NO. 21203
' OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN THE
RIGHT-OF-WAY DEDICATED FOR AN UN-NAMED
PUBLIC STREET SERVING AS ACCESS TO A DESERT
WATER AGENCY WELL SITE IN SECTION 35,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-04-047
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 February 16, 2005, for City Council consideration of vacating and
closing to public use the right-of-way dedicated for an un-named public street serving as
access to a Desert Water Agency well site; 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 un-named public street
serving as access to a Desert Water Agency well site, 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 right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency,well site, being the
land declared open for street and highway purposes by Resolution 17490 of the City
Council of the City of Palm Springs, adopted on April 17, 1991, and recorded as
Document No. 87943 on March 16, 1992; also 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 right-of-way dedicated for an
un-named public street serving as access to a Desert Water Agency well
site 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 right-of-way dedicated for an un-
named public street serving as access to a Desert Water Agency well
site, being the land declared open for street and highway purposes by
' Resolution 17490 of the City Council of the City of Palm Springs, adopted
on April 17, 1991, and recorded as Document No. 87943 on March 16,
1992; also as described and shown on Exhibits "A" and "B", attached
hereto and made a part hereof.
Resolution No. 21203
Page 2
Section 3. The City of Palm Springs reserves and excepts from the foregoing '
vacation an easement to Desert Water Agency for domestic water
distribution purposes, including the right to operate and maintain
pipelines, cables, wires or any other facility used in conjunction with
domestic water distribution purposes existing within the vacated area.
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 161h day of February, 2005.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY- OF PALM SPRINGS, CALIFORNIA
mes Thompson, City Clerk David H. Ready, City Mer
1
Resolution 21203
Page 3
EXHIBIT"A"
LEGAL DESCRIPTION
Lot C of Tract No. 17642-1, as shown by a map on file in Book 122, Pages 88 through 90, inclusive,
of Maps, Records of Riverside County.
Except that portion of said Lot C lying within Parcel 1 and Parcel 2 of Lot Line Adjustment No.
LLA 99-12, recorded April 29, 2003, as Instrument No. 2003-300163 of Official Records of said
County.
U����Q 4AND SU�G�o
Rory Williams, L.S.No. 6654 J Rory S. Williams 0
' License E ires• December 31, 2005 Exp.72 31105
Date: i2 �rJS�
No. 6654
T9�OF CA��F���
' Revised:January 28,2005
November 17,2004
WO No. 1583-13X
Page 1 of 1
H&A Legal No.6252
By R.Williams
Checked By J. Stablein
Page 4 ��olution 21203 Pa EXHIBIT B
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�04 PALMS z CITY OF PALM SPRINGS VACATION OF
PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY
* DEPARTMENT
°alFam`�� H&A LEGAL N0. 6252 '
LEGAL DESCRIPTION: DESIGN BY: SCALE: .. FILE NO.:
SEE EXHIBIT "A„ B. ETEMADI 1" = 200' R-04-047
CHECKED BY: W.O. # SHEET NO.:
R. WILLIAMS 1583-13X 2 OF 2