HomeMy WebLinkAbout21553 - RESOLUTIONS - 4/5/2006 RESOLUTION NO. 21553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ITS INTERESTS IN EASEMENTS FOR
STORM DRAINAGE PURPOSES OVER LOTS "Q" THROUGH
"U" INCLUSIVE OF TRACT MAP 30963-2 "MOUNTAIN GATE",
IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE
R-06-012.
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 not used continuously since that date; and
WHEREAS, a dedication of easements for storm drainage purposes was made to the City
of Palm Springs over Lots "Q" through "U", inclusive, on Tract Map No. 30963-2, and
thereby accepted by the City Clerk of the City of Palm Springs on June 11, 2003; and
WHEREAS, Lots "Q" through "U", inclusive, on Tract Map No. 30963-2 function as
relention basins to collect on-site stormwater runoff from the adjacent residential
neighborhood, which is privately maintained by a Home Owners Association, and should
Lie privately maintained by the Home Owners Association for storm drainage purposes;
aind
WHEREAS, the public storm drainage easements over Lots "Q" through "U", inclusive, on
Tract Map 30963-2, 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 storm drainage 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
Easements Vacation Law", of Division 9 "Change of Grade and Vacation" of the California
Streets and Highways Code (Section 8330 et. seq.).
Section 2. The City Council does hereby summarily vacate the public service
easements for storm drainage purposes dedicated over Lots "Q" through "U", inclusive, as
shown on Tract Map No. 30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-
99, records of Riverside County, California.
Resolution No. 21553
Page 2
Section 3. This Resolution to summarily vacate the public service easements for storm
drainage purposes over Lots "Q" through "U", inclusive, as shown on Tract Map No.
30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside
County, California, 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 storm drainage purposes are dedicated
over retention basins that collect on-site stormwater runoff from the adjacent
residential neighborhood, which is privately maintained by a Home Owners
Association, and should be privately maintained by the Home Owners Association
for storm drainage purposes.
b. The public service easements for storm drainage purposes were dedicated to
and accepted by the City of Palm Springs at a meeting held on June 11, 2003, 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
storm drainage 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
storm drainage purposes over Lots "Q" through "U", inclusive, as shown on Tract Map No.
30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside
County, California, no longer constitute a public service easement.
Section 5. The City Council does hereby exclude from this Resolution, the summary
vacation,of the public service easements for open space and landscape purposes over
Lots "Q" through "U", inclusive, as shown on Tract Map No. 30963-2, recorded June 30,
2003, in Map Book 337, Pages 91-99, records of Riverside County, California. The City's
rights, title and interests to the public service easements for open space and landscape
purposes shall remain in full force and effect after the adoption of this Resolution.
Section 6. 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 5ch day of April, 2006.
`jam
David H. Ready, City ,41t Pr__
ATTEST:
nes Thompson, City Clerk
Resolution No. 21553
Page 3
CERTIFICATIONSTATE 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. 21553 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 Tern Foat and Mayor Oden
NOES: None
ABSENT: Councilmember Mills and Councilmember Pougnet
ABSTAIN: None
fines Thompson, City Clerk
ity of Palm Springs, California
1