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q�fF06N� City Council Staff Report
JANUARY 3, 2007 CONSENT CALENDAR
Subject: SUMMARY VACATION OF PUBLIC SEWER AND STORM DRAIN
EASEMENT LOCATED IN TRACT 32363, FILE NO. R 06-038
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Existing public sewer and storm drain facilities were relocated as part of development of
Tract 32363 on West Vista Chino. The public service easement dedicated to the City in
1973 for the sewer and storm drain lines that were relocated may now be vacated
pursuant to Section 8333(c) of the California Streets and Highways Code.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PUBLIC
SERVICE EASEMENT FOR SEWER AND STORM DRAIN PURPOSES
DEDICATED IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-
06-038."
STAFF ANALYSIS:
Tract 32363, a development by Contempo Homes located on West Vista Chino, was
affected by a City sewer and storm drain line that crossed the property. As part of the
construction of Tract 32363, the City's sewer and storm drain lines were relocated into
the private street within Tract 32363. It is now necessary for the City to vacate the
City's sewer and storm drain easement.
Section 8333(c) of the California Streets and Highways Code allows the City to
summarily vacate a public service easement that has been superseded by relocating
the public facilities out of the easement. The easement is no longer necessary for
present or future use for sewer and storm drain purposes.
ITEM NO. ��
City Council Staff Report
January 3, 2007 - Page 2
Summary Vacation —Sewer and Storm Drain Easement
In accordance with Section 8335(a), the City need only adopt a Resolution of Vacation
for the summary vacation to occur. ))
FISCAL IMPACT: Finance Director Review:
No Impact.
Submitted:
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
Approved:
David H. Ready
City Manager
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PUBLIC SERVICE EASEMENT FOR
SEWER AND STORM DRAIN PURPOSES DEDICATED IN
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-06-038
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 4, Park 3, Division 9, of the Streets and Highways Code of the State of
California to summarily vacate public service easements within the limits of the City; and
WHEREAS, the City council intends to abandon a public service easement for sewer
and storm drain purposes within Tract Map 32363, located west of North Palm Canyon
Drive and north of West Visa Chino in Section 3, Township 4 South, Range 4 East, said
sewer and storm drain easement dedicated to the City of Palm Springs by an easement
recorded July 18, 1973, as Instrument No. 94153; and
WHEREAS, the easement has been superseded by relocation and there are no other
public facilities located within the easement; and
WHEREAS, the City Council has considered all evidence submitted concerning said
public service easement dedicated to the City of Palm Springs, and the need therefore
for present or prospective sewer 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 summarily vacate and abandon all the City's
right, title, and interest in the public service easement dedicated for sewer
and storm drain purposes, a public service easement as described in that
certain Grant of Easement dated June 12, 1973, recorded July 18, 1973,
as Instrument No. 94153, and as also described and shown on Exhibits
"A" and "B", attached hereto and made a part hereof, a public service
easement within the City of Palm Springs, County of Riverside, State of
California.
Section 2: 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,
Section 3: Upon recordation of this Resolution, the public service easement
dedicated to the City of Palm Springs for sewer and storm drain purposes
as shown on the Exhibits "A" and "B" attached hereto, shall no longer
Resolution No.
Page 2
constitute nor be considered a public service easement, and all references
thereto and encumbrances thereof shall be removed from public record.
ADOPTED THIS 3rd day of January, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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. _ 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 January 3, 2007, by the
following vote:
AYES:
NOES:
ABSENT.
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "A"
R 06-038
THE EASTERLY 18.00 FEET OF LOTS 1, 2 AND 3 OF TRACT NO, 32363 AS FILED IN MAP
BOOK 375 AT PAGES 100, 101 AND 102, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
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EASEMENT TO BE VACATED ® N.T.S. �F CALIF
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APPROVED CITY OF PALM SPRINGS
CITY OF PALM SPRINGS DATE
PUBLIC WORKS & ENGINEERING96,ASST DIRECTOR OF PUBLIC WORKS/ PL.r—r.
A551. CITY [NGIN[ER
VACATION PLAT—SEWER/STORM EASEMENT DESION By SCALE. FILE NO
LEGAL DESCRIPTION J.L.S 1" = 30' R 06-038
SEE EXHIBIT "A"
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