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21542 - RESOLUTIONS - 4/5/2006
RESOLUTION NO. 21542 A RESOLUTION 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 PUBLIC RIGHT-OF-WAY DEDICATED FOR LUGO ROAD ADJACENT TO THE PROPERTY LOCATED AT 375 W. ARENAS ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-053. 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 right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for April 5, 2006, for City Council consideration of vacating and closing to public use a portion of the public right-of-way dedicated for Lugo Road adjacent to the property located at 375 W. Arenas 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 public right-of-way, 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 portion of public right-of-way dedicated for Lugo Road adjacent to the property located at 375 W. Arenas 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 use. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council does hereby find that the portion of public right-of-way dedicated for Lugo Road adjacent to the property located at 375 W. Arenas 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 portion of public right-of-way dedicated for Lugo Road adjacent to the property located at 375 W. Arenas 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. 21542 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 51h day of April, 2006. David H. Ready, Citywger ATTEST: �J es Thompson, City Clerk G� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21542 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 5, 2006, by the following vote: AYES: Councilmember McCulloch, Mayor Pro Tem Foat and Mayor Oden NOES: None ABSENT: Councilmember Mills and Councilmember Pougnet ABSTAIN: None L/ es Thompson, City Clerk ity of Palm Springs, California 1 EXHIBIT "A" RIGHT OF WAY VACATION R05-053 LEGAL DESCRIPTION ,A PORTION OF LUGO ROAD IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS VINE AVENUE ON MAP ON FILE IN BOOK 9 OF MAPS, PAGE 432, OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT "E", AS SHOWN ON MAP ON FILE IN BOOK 364 OF MAPS AT PAGES 66 THROUGH 69, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE N 00002'01" E ALONG THE WEST LINE OF LOTS 'WAND "E" AND LOTS 6, 7 AND 8, A DISTANCE OF 450.25 FEET TO THE NORTHWEST CORNER OF LOT 8 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 00002'01" E A DISTANCE OF 122.10 FEET TO THE BEGINNING OF A CURVE WHOSE RADIAL BEARING IS S 89057'59" E; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE SOUTHEAST THROUGH A CENTRAL ANGLE OF 78027'47" A RADIUS OF 20.00 FEET AN ARC LENGTH OF 27.39 FEET; THENCE S 00002'01" W ALONG THE WEST LINE OF SAID LOT 22, A DISTANCE OF 141.68 FEET TO THE SOUTH LINE OF SAID LOT 22 AND THE NORTH LINE OF SAID LOT 8; THENCE S 89059'26" W ALONG THE SOUTH LINE OF SAID LOT 22, A DISTANCE OF 16.00 FEET TO I HE l"RUE POINT OF BEGINNING. CONTAINING 2188 SQ. FT. MORE OR LESS ypN© 5(e 14 EXHIBIT "B " Right of Way Vacation ARENAS ROAD _ N90'O0'OO"E_ 5 (PARK STREET) T (MB 91432) wl of r 11.30'12"E I N9O.00.00_E — o Co� ri No I p , CURVE TABLE NO. DELTA RADIUS LENGTH C1 89'5759" 20.00 31.40' C2 78'2747" 20.00' 2739' I I 1700' 16.00' -- I I I I I I BLOCK, 7 Q !L w I Q Lu � o o - LOT 22 i LOT 23 N 00 D I Q' W 7 O C� N b a o MB 't9/432 � IQrn o 0 C.5 W 2 A► DD. S I J I I o o. 4 M P. 06/30/06 T.P O.B. S89'S9'26"W Q 16,00' OF CAUF�� existing I 17ooy, NORTHWEST CORNER OF wIr- LOT 8, TRACT 31887 MB J64166-69 o, o o i R05-053 2i P.O.C. Civil Engineering P.O. Box 12980 ART AVLOr 1 SOUTHWEST CORNER Land Surveying Palm Desert, COAfomio 92255 (760) 346-8015 L N F OF LOT E, TRACT 31887 q .feiro.net (760) 346-2548 (Fox) .DWG F2E: MB 364166-69 ®C�W Mee,F1 &*.L y,n. 1394 c FE I RO MR. Eugene & Ad?Tana Rossi T.Nf.INSRRINf.,gin.