HomeMy WebLinkAbout21232 - RESOLUTIONS - 4/6/2005 RESOLUTION NO. 21232
' 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 TUSCAN ROAD IN
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
FILE R-04-045
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 April 6, 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 Tuscan
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 Tuscan 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 Tuscan Road, being the vacated area described
and shown on Exhibits "A" and "B" attached hereto and made a part hereof, and the
need therefore 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 Tuscan Road is unnecessary for present or prospective
public use.
Section 2. Subject to Sections 3 and 4, 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 Tuscan 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 and sewer 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. 21232
Page 2 '
Section 4. An access easement shall be prepared, subject to the review and
approval of the City Engineer, providing access from Via Escuela to the
property identified by Assessor's Parcel Number 504-192-012, also
identified as Parcel 3 of that certain Record of Survey recorded in Book
45, Page 72, records of Riverside County. The access easement shall
provide unconditional access across the property identified by Assessor's
Parcel Number 504-192-013, also identified as Parcel 2 of that certain
Record of Survey recorded in Book 45, Page 72, records of Riverside
County, to the benefit the owner of the property identified by Assessor's
Parcel Number 504-192-012, also identified as Parcel 3 of that certain
Record of Survey recorded in Book 45, Page 72, records of Riverside
County. Upon approval by the City Engineer, the access easement shall
be executed and notarized by the Grantor and accepted by the Grantee,
and submitted to the City Engineer for recording with Riverside County
following recordation of this Resolution.
Section 5. Following direction from the City Engineer, subject to Section 4
hereinabove, the City Clerk is hereby directed to cause a certified copy of
this Resolution, attested by him under the seal of the City, and the
original, approved and executed access easement required by Section 4
hereinabove, to be recorded in the Office of the County Recorder of
Riverside County.
ADOPTED this 61h day of April, 2005.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: Member Foat
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
1
Resolution 21232
Page 3
EXHIBIT "A"
VACATION OF STREET RIGHT—OF—WAY
CITY OF PALM SPRINGS, CALIFORNIA
ALL THAT PORTION OF TUSCAN ROAD, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY IN BOOK 45,
PAGE 72, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF SAID RECORD OF SURVEY,
SAID POINT ALSO BEING ON THE EASTERLY RIGHT—OF—WAY OF TUSCAN ROAD, HAVING
A HALF STREET WIDTH OF 25.00 FEET;
THENCE SOUTH 00'22'00" WEST, ALONG SAID EASTERLY RIGHT—OF—WAY, A DISTANCE OF
262.28 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING
A RADIUS OF 20.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'55'00",
AN ARC LENGTH OF 31.74 FEET, TO A POINT OF CUSP, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT—OF—WAY LINE OF VIA ESCUELA, AS SHOWN ON SAID RECORD OF SURVEY,
HAVING A NORTHERLY HALF—STREET WIDTH OF 30.00 FEET;
THENCE SOUTH 89'27'00" WEST, LEAVING SAID RIGHT—OF—WAY, A DISTANCE OF 45.33 FEET,
TO THE CENTERLINE OF SAID TUSCAN ROAD;
THENCE NORTH 00'22'00" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 282.60 FEET;
THENCE NORTH 89'27'00" EAST, LEAVING SAID CENTERLINE, A DISTANCE OF 25.00 FEET
TO THE POINT OF BEGINNING.
DEDICATED AREA = 7,154 S.F., MORE OR LESS
+RESJOHN H. HACKER,, 14614 �NRY
XPIRES 3/31/05
NO. 14614
' EXPIRES 3-31-05
CIVIL �P
FILE NO.: SHEET NO.:
R-04-045 1 OF 2
Resolution 21232
Page 4
EXHIBIT "B" N '
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O1 EASEMENT GRANTED TO CALIFORNIA ELECTRIC
POWER COMPANY, REC. ON OCT. 28, 1948
IN BOOK 1022, PAGE 57, O.R.
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o GEL 3 o OZ C.L. OF AN AERIAL EASEMENT GRANTED TO
PP g5h2 CALIFORNIA WATER AND TELEPHONE COMPANY,
Q N RS REC. ON MAR. 25, 1960 AS INST. NO. 27013, O.R.
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LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
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CHECKED BY: DWG. NO.: SHEET NO.: I
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Resolution 21232
Page 5
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