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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 Pa " hoosoo\ \ •:�.. 60, eb so, �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