HomeMy WebLinkAbout22593 - RESOLUTIONS - 9/16/2009 RESOLUTION NO. 22593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST
IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED
FOR DESERT WAY AT THE SOUTHWEST CORNER OF
RAMON ROAD, IN SECTION 19, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, FILE R 09-01
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 right-of-way dedicated for
public streets, 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 September 16, 2009, for City Council
consideration of vacating and closing to public use a portion of the public right-of-way
dedicated for Desert Way located at the southwest corner of Ramon Road; 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
public right-of-way, 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 portion of public right-of-way
dedicated for Desert Way located at the southwest corner of Ramon Road, being the
vacated areas described on Exhibit "A" and shown on Exhibit "B", attached hereto and
made a part hereof, and the need therefore for present and prospective public 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 public right-of-
way dedicated for Desert Way located at the southwest corner of Ramon Road is
unnecessary for present or prospective public use.
Section 2. Subject to Sections 3 and 4, the City Council does hereby vacate
and abandon all the City's right, title and interest in a portion of public right-of-way
dedicated for Desert Way located at the southwest corner of Ramon Road, as described
and shown on Exhibits "A" and "B", attached hereto and made a part hereof.
Section 3. The City of Palm Springs reserves and excepts from the foregoing
vacation a public utility easement to operate and maintain sewers, pipelines, cables,
wires or any other facility of any governmental agency or utility corporation existing in,
under, or over the vacated area, unless quitclaimed or released by the owner thereof.
Resolution No 22593
Page 2
Section 4. The City of Palm Springs reserves and accepts from the foregoing
vacation an easement for public sidewalk and pedestrian access purposes extending
over the vacated area.
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 16th day of September, 2009.
David H. Ready, onager
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. 22593 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 16t" day of September,
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.
Jpqes Thompson, City Clerk 1 pxao�1
y of Palm Springs, Califomia� Z3/ -.
EXHIBIT "A"
PROPOSED RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
BEING A PORTION OF LOT G OF THE DESERT TRACT, AS SHOWN IN MAP BOOK 20,
PAGE 63 OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, IN THE
CITY OF PALM SPRINGS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 24 IN BLOCK "C" OF SAID DESERT
TRACT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF DESERT WAY
AS SHOWN IN SAID DESERT TRACT, HAVING A HALF STREET WIDTH OF 30.00 FEET:
THENCE NORTH 00'06'00 EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE
65.67 FEET;
THENCE NORTH 90'00'00" EAST, LEAVING SAID WEST RIGHT-OF-WAY LINE, A
DISTANCE OF 5.00 FEET;
THENCE SOUTH 00'06'00" WEST, ALONG A LINE PARALLEL WITH AND DISTANT 5-00
FEET EAST OF SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 65.70 FEET.-
THENCE NORTH 89'41'00" WEST, A DISTANCE OF 5-00 FEET TO THE POINT OF
BEGINNING.
VACATED AREA = 328 SQUARE FEET, MORE OR LESS
PREPARED BY OR UNDER THE DIRECTION OF:
�pFESSIOw_
JOHN HENRY R HACKER, .C.E. 14614 �NRy
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FILE NO.:
R-09-001
SHEET NO.:
1 OF 2
EXHIBIT "B"
RAMON ROAD
N89 41'00"W
r VACATED PORTION OF RAMON ROAD
PER INST. NO. 214594, REC. 612611991
(N8941'OO"W) - ---
(8208)
A--59'47'00" S90' '
5.000,
R=20.00' 4.41'
L=3I.34' Q
Ton=19.92' I (30) a
LOT 1, BLK. C a LOT 24, BLK. C w 25
THE DESERT TRACT a THE DESERT TRACT o o
M-8. 20163 4 M.B. 20163 6 6 Lu
^ W
�-- 5' Pus E z �� 0
EXISTING fillf
AREA OF STREET VACATION
I (102.00)
(N89-41'OO"W)
LOT 2, BLK. C P.O.Br
THE DESERT TRACT LOT 23, BLK. C o o
M.B. 20163 THE DESERT TRACT o
M.B. 20163 Z N
z � I
��pgOFR
RY � I
4614 A SCATHE 1"=40'
* 0 40 80 120
.O;i-3L17 yr
C1y11.
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CITY OF PALM SPRINGS APPROVED:
PUBLIC WORKS AND 7987
* ENGINEERING DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P.L.S.
ASST. CITY ENGINEER
VACATION OF RIGHT-OF-WAY DESIGN BY: SCALE: FILE NO.:
LEGAL DESCRIPTION: WAP 1" = 40' R-09-001
SEE EXHIBIT "A" CHECKED BY: DWG.-NO SHEET NO.
JHH 073719RW 2 OF 2 •