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HomeMy WebLinkAbout21848 - RESOLUTIONS - 3/21/2007 ' RESOLUTION NO. 21848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING A PORTION OF PUBLIC UTILITY EASEMENT WITHIN LOTS 1 AND 2 OF TRACT MAP 32233-1, RECORDED IN BOOK 381 OF MAPS, PAGES 59-67 INCLUSIVE, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 06-039. 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 utilities use easements dedicated for public utilities, 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 March 21, 2007, for City Council consideration of vacating and closing a portion of a Public Utility Easement (P.U.E.) within Lots 1 and 2 of said Tract Map 32233-1; 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 P.U.E., 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 portions of the P.U.E. within Lots 1 and 2 of said Tract Map 32233-1, 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 utility 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 a portion of P„U.E. within Lots 1 and 2 of said Tract Map 32233-1 is unnecessary for present or prospective public utility 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 P.U.E. within Lots 1 and 2, as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 3. The Desert Water Agency has reserved the adjacent 5 feet of the 10 foot wide P.U.E. for their facilities within Lots 1 and 2 of said Tract Map 32233-1 per ' Document 4 2006-110911194, Recorded February 8, 2006. Resolution No. 21848 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 21st day of March, 2007. David H. Ready,TCity, nager ATTEST: mes 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. 21848 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 the 21'` day of March, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. ?mes Thompson, City Clerk f Palm Springs, California EXHIBIT «A» I; LEGAL I)ESCRE"ION FOR VACATION OF A PORTION OF PUBLIC UTILITY EASEMNT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE 10-FOOT WIDE PUBLIC UTILITY EASEMENT ON LOTS I AND 2 OF TRACT MAP NO. 32233-1 AS SHOWN ON THE MAP RECORDED IN BOOK 381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY AND SOUTHWESTERLY 5.00 FEET OF SAID LOT 1 AND THE SOUTHWESTERLY AND NORTHWESTERLY 5.00 PEEP OF SAID LOT 2_ CONTAINING AN AREA OF 2,022 SQUARE FEET MORE OR LESS. ALL AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A DART HEREOF. .IAN AMS, R.C.E. 21687 0 30-2007 eppF�SS/p,yy A.AO. CD NO. 21687 * Exp.09/30/07 �q CIVIL O�CA4\f�P EXHIBIT "B" TRACT MAP NO. 3223-5--1 N89'18'54"E M.B. 381/59-67 229.46' iv RsJ00.00• u 1189-18'54"E 12727Jg- �2294G w �T7g• Rx272OD' 4"2777',39• � pr 2d NA741,06" C$y3p b T.55 y N3 tx (H0V •d`� ppSTING �>F wIS2 `r 6iF- fA7 � _ 3y32rlY ary+�' ReZf ���TC�'1 S 41 � S•p°�Y.�. a � �g� Foo- to 9 _ o u EASEMENT NOTES- LEGEND 0 PX.E. TO RETRAIN — INDICATES EASEMENT LINE DATE 01-29-07 (R) INDICATES RADIAL BEARING ®P.U.E. TO BE VACAXD JN: 05-OUR VACATION OF PUBLIC UTILITY EASEMENTS DESIGN O'" se"E` E"{NO,: LEGAL DESCRIPTION: B.M. AS SHOWN ROB-039 PUSUC UTITUY EASEMENTS ON LOT I AND 2 OF TRACT MAP NO. 32233-1 IN THE CHECKED ay, wa / SHEET NO.: CITY OF PAW SPRINGS COUNTY OF RIVERSIDE; STATE OF CALIFORNIA AS SHORN A.M. 1 OF 1 ON THE MAP RECORDED IN BOOK 381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE.