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HomeMy WebLinkAbout22476 - RESOLUTIONS - 5/6/2009 RESOLUTION NO. 22476 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 PUBLIC UTILITY EASEMENTS LOCATED WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST; (FILE R 08-022). 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 summarily vacate and abandon public service easements, or parts thereof, within the limits of the City; and WHERAS, pursuant to Section 8333 of the statute, the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, a dedication of that public service easement shown within Lots 6 and 7 of Palm Springs Palisades, recorded in Map Book 19, Page 23, records of Riverside County, California, on May 20, 1937, was offered and accepted; and WHEREAS, the public service easement shown within Lots 6 and 7 of Palm Springs Palisades, recorded in Map Book 19, Page 23, records of Riverside County, California, on May 20, 1937, has been unused for the purpose for which it was dedicated for five consecutive years preceding the adoption of this Resolution. 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 I, "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 and abandon all the City's right, title and interest in the public service easements located within Lots 6 and 7 of Palm Springs Palisades, Map Book 19, Page 23, Riverside County, California, being the vacated area described in Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. This Resolution to summarily vacate and abandon all the City's right, title and interest in the public service easements located within Lots 6 and 7 of Resolution No. 22476 Page 2 Palm Springs Palisades, Map Book 19, Page 23, Riverside County, California, is made in accordance with Section 8333, which states that the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 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 6T" DAY OF MAY, 2009. 2� David H. Ready, anager ATTEST: ames 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. 22476 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 6th day of May, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ; mesThompson, CityClerk oSfZfv�loo`l ' City of Palm Springs, California EXHIBIT "A" PUBLIC UTILITY EASEMENT VACATION - PALM SPRINGS PALISADES R 08-022 THE SOUTHWESTERLY FIVE FEET OF LOT 6 OF PALM SPRINGS PALISADES AS FILED IN MAP BOOK 19 AT PAGE 23, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SHOWN AS 5' EASEMENT. SAID EASEMENT CONTAINS 1255 SO, FT MORE OR LESS. TOGETHER WITH: THE NORTHEASTERLY FIVE FEET OF LOT 7 OF PALM SPRINGS PALISADES AS FILED IN MAP BOOK 19 AT PAGE 23, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SHOWN AS 5' EASEMENT. SAID EASEMENT CONTAINS 1242 SQ. FT MORE OR LESS . TOTAL EASEMENT VACATION CONTAINS 2497 SQ, FT. MORE OR LESS. PREP R Y SA BO E JO ✓ L. SA RN Gq�' 1011 708 WO 08-161 PUE 6.7 q AL ( O S * Na U14149 � �0+1D10 11 CA EXHIBIT 7B u CITY OF PALM SPRINGS INST.. NO. 2008--0532146 r, o , O i 1 LOT 9 T 16 1 17 4 p APN-513—I10-043 PALM SPRINGS PALSEE DETAJLM.BL19i 3S BELOW 1 1a Q �vF 5 4 LOT LOT 7 LOT 6 8 7 O 6 O p LOT 310.62 89050'00'E 48R83' TAHQUITZ CANYON DRIVE—,/ . 1 7 I 1 I LOT 6 10' P.U.E h (2975 S.F.) Epp LOT 7 1 Q LAND d L. 4 S. 4w P.U.E BLOW—UP IXP. 6/30/10 GRAPHIC SCALE DETAIL 100 50 0 100 20o N.T.S. SCALE /-/00' of C A 0 F Uf pA� APPROVED: i CITY OF PALM SPRINGS DATE PUBLIC WORKS & ENGINEERING 79S7 G'<iroe+�r• a DEPARTMENT Assn. LVRECtOR CFPOLIC WWS/ PLs AS6T. GYrY ENGINEER VA CA TICN PLA T DA96N 8)~ SCALE. F74C NO.. LEGAL DESCR/P noN: O.G.H. 1" = 60' R08-022 SEE EXHIBIT "A " cNEcxED ar, W.O. sNeEr No.: ✓.L.S. 08-161 1 OF 2 EXH/B/T B ( FORMERLY RECORDED DATA ODELTA/BEARING RADIUS LEN./DIST TANGENT Ol (N 43015"00 E) (25.43) O (34013'00) (772.50) (67.18) (34.63) O (N 77 028'00'E) (62.53) O (N 77028'00"E) (33.84) O (21009'00) (126.54) (46.71) (23.62 a (32027'00') (119.94) (67.93) (34.90) O (6B 042'00') (62.50) (74.94) (42.71) O (N 45008'00"W) (11.97) O9 (43030'00") (737.50') (104.39) (54.86) 10 (N 88038'00"W) (63.59) 11 (58030'00') (74.50) (50.06) (2E 02 12 (N 50008'00"W) (16.00) 73 40°3941" (15.50) (moo) (5.74) 14 (N 34003'00"W) 74.86' 74.36' 75 (N 59027'00"W) 175.32' (I75.41) 16 97044"19" 15.50) 26.44 (77.75) ( 26.46" 77 (N 08032'00'E) 135.38' (135.02 18 (N 89050'00'E) 187.92' (187.78) 19 (N 89050'00E) 122.70' (122.61) OF PA/ar APPROVED: CITY OF PALM SPRINGS DAT y PUBLIC WORKS & ENGINEERING 7987 q4 h DEPAR TMEN T ASST DlR£C70R OF PUBLIC NORK5/ P.L& ASST. Ctrr ENGINEER VA CA TIDN PLA T DESIGN G)R ALE FLE NO.: LEGAL DESCRIP770N: D.G.N. T" = loo' ROB-022 SEE EXHIBI T "A " CHECKED Rr.• W.o. r weer NO-. J.L.S. 08-161 2 OF' 2