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Home My WebLink About21552 - RESOLUTIONS - 4/5/2006 RESOLUTION NO. 21552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ITS INTERESTS IN EASEMENTS FOR LANDSCAPE, PEDESTRIAN, AND STORM DRAIN PURPOSES OVER A PORTION OF LOT "G" OF TRACT MAP 32028-1 "MOUNTAIN GATE 2", IN SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041. 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 easements dedicated for public use, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333 (b) of the statute, the legislative body of a local agency may summarily vacate a public service easement if the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was riot used continuously since that date; and WHEREAS, a dedication of easements for landscape, pedestrian, and storm drain purposes was made to the City of Palm Springs over Lot "G" on Tract Map No. 32028-1, a part of the "Mountain Gate 2" development, and was thereby accepted by the City Clerk of the City of Palm Springs on November 17, 2004; and WHEREAS, a portion of Lot °G" on Tract Map No. 32028-1, described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, is located behind the exterior perimeter wall of the "Mountain Gate 2" development, and will be used as a retention basin for collection of stormwater runoff from the on-site private streets, and should be privately maintained by the Home Owners Association for landscape and storm drain purposes; and WHEREAS, the public service easements for landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract Map No. 32028-1, described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, were dedicated less than five years, but more than one year, from the date of the adoption of this Resolution; and the easements have not been used by the public for landscape, pedestrian, or storm drain purposes from the date of their dedication. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council does hereby adopt this Resolution in accordance with Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and Service E=asements Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Resolution No. 21552 Page 2 Section 2. The City Council does hereby summarily vacate the public service , easements for landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages 93-99, records of Riverside County, California, said portion being described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. This Resolution to summarily vacate the public service easements for landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages 93-99, records of Riverside County, California, said portion being described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, is made in accordance with Section 8333 (b) of the California Streets and Highways Code, and the following facts: a. The public service easements for landscape, pedestrian, and storm drain purposes were dedicated over a portion of land located inside a gated private community, which will function as a retention basin to collect on-site stormwater runoff from the adjacent residential neighborhood, and should be privately maintained by the Home Owners Association for landscape and storm drain purposes. b. The public service easements for landscape, pedestrian, and storm drain purposes were dedicated to and accepted by the City of Palm Springs at a meeting held on November 17, 2004, a date which is less than five years, but more than one year from the date of the adoption of this Resolution. C. The City of Palm Springs has not used the public service easements for landscape, pedestrian, and storm drain purposes since the date the easements were dedicated to and accepted by the City of Palm Springs. Section 4. Following the recordation of this Resolution, the public service easements for landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages 93-99, records of Riverside County, California, said portion being described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, no longer constitute public service easements. Section 5. 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 5tn day of April, 2006. Resolution No. 21552 Page 3 David H. Ready, City� l hgger ATTEST: JI mes Thompson, City CI rd k 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. 21552 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 Admes Thompson, City Cler � City of Palm Springs, California EXHIBIT "A" (LEGAL DESCRIPTION) RETENTION BASIN ' PARCEL "A" IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF LOT "G" OF TRACT MAP NO. 32028-1, AS SHOWN BY MAP ON FILE IN BOOK 368, PAGES 93 THROUGH 99, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, BEING IN THE EAST HALF OF SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M. COMMENCING AT SOUTHEAST CORNER OF SAID LOT "G"; THENCE ALONG THE EASTERLY LINE OF SAID LOT "G", NORTH 00°17'15" EAST A DISTANCE OF 15.55 FEET TO THE TRUE POINT OF BEGINNING ; THENCE LEAVING SAID EASTERLY LINE NORTH 68040'28" WEST A DISTANCE OF 230.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 910.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05036'55", AN ARC DISTANCE OF 89.18 FEET; THENCE NON-TANGENT TO LAST MENTION CURVE, NORTH 09055'54" EAST A DISTANCE OF 18.55 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 300.00 FEET, AND THE SOUTHWEST CORNER OF LOT 91 OF SAID TRACT MAP NO, 32028-1, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF LOT "G" OF SAID MAP, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 09055'54" EAST; THENCE ALONG SAID NORTHERLY LINE OF LOT "G", EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21-40-27", AN ARC DISTANCE OF 113.49 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF LOT "G" AND TANGENT TO LAST MENTIONED CURVE NORTH 78015'27" EAST A DISTANCE OF 39.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 238.50 FEET, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 91, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 57°16'28" EAST; ' THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT "G" SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A EXHIBIT ".A" (LEGAL DESCRIPTION) 1 RETENTION BASIN CENTRAL ANGLE OF 25°48'58", AN ARC DISTANCE OF 107.46 FEET; THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF LOT "G" AND TANGENT TO LAST MENTIONED CURVE, SOUTH 58032'30" EAST A DISTANCE OF 77.59 FEET, TO THE NORTHEAST CORNER OF SAID LOT "G"; THENCE ALONG THE EASTERLY LINE OF SAID LOT "G" SOUTH 00017'15" WEST A DISTANCE OF 33.43 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 15,594 SQUARE FEET OR 0.358 ACRES, MORE OR LESS LAND sG�GF �o CHARLES R.HARRIS ¢7 N0.4889 J'q�F OF C A\.\FO��Q. EXHIBIT "B" M ac,r NAP Ho. 32026-1 H.S. 30 a/0 3-gg go RT \ I N 57*16'28" E \ \ \ \ \ L0-T qvwu (R) \4 -0' P.U.E. C2 N 26'56'27" E \ e (R) PARCEL Acl \ � 15,594 SQ. FT. \ �\ 0.358 AC. P.U.E. = PUBLIC UTILITY EASEMENT \ \ 50' �S CURVE DATA 10' P.U.E. \ RTy a \ N0. DELTA RADIUS LENGTH TANGENT Cl O5'36'55" 910.00' 89.18' 44.63' '✓/ C3 25'48'58" 338.50, 107.46- sass' \GNg, LAND CgHyO� SR.yq G¢ LINE DATA o p P.O.c. O NO. BEARING LENGTH a 7 SE COR L2 N 68'40'28" W 230.91' ExPNo,�� 1/05 LOT "G" L3 N 09'55'54" E R 18.55' �j, �F' MSA CONSULTING, INC. L4 N 78'15'27" E 39.09' '9TF OQ� N2 RO, SMITH 8; ASSOCIATPs, INC L5 S 58'32'30" E 77.59' OF \F CA\ PLANNING ■ CIVII.ENGDMEPING ■ LAND SURVEYING L6 S 00'1 T 15" W 33.43' 34200 BOB HOPE DRm■RANCHO MmAOH■CA 9227C ID TELEPHONE(760) 320-9811 ■ FAX (760) 323-7893 J.N. 1617 1 of 1