The URL can be used to link to this page

Home My WebLink About23211 RESOLUTION NO. 23211 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 RIGHT-OF-WAY IN EAST PALM CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE (COCO'S RESTAURANT), SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.; FILE R 12-07. 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 the public use, right-of-way access, and public service easements, or parts thereof, within the limits of the City; and WHEREAS, the Circulation Element of the 2007 General Plan classifies East Palm Canyon Drive as a Major Thoroughfare, requiring 100 feet of right-of-way (50 feet half-street); and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for September 5, 2012 for City Council consideration of vacating and closing to public use a portion of the public right-of-way for East Palm Canyon Drive; and WHEREAS, the City reserves a 20 feet wide easement for existing sanitary sewer facilities within the proposed vacation area; and WHEREAS, the City reserves an easement for the Desert Water Agency for existing waterline facilities within the proposed vacation area; and WHEREAS, the City reserves a pedestrian access easement within the-entire proposed vacation area; and WHEREAS, the City Council 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 statue; 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 East Palm Canyon Drive, being the vacated area described and shown on Exhibits "A" and "B" attached hereto and made a part thereof, 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 right-of-way dedicated for East Palm Canyon is unnecessary for present or prospective public use. Resolution No. 23211 Page 2 Section 2. Subject to Sections 4, 5, 6, 7, and 8, herein below, the City Council does hereby vacate and abandon all the City's right, title and interest in a portion of the right-of-way for East Palm Canyon described in Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. The City Council does hereby reserve a pedestrian access easement over the entire vacated right-of-way area described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof. Section 4. The City Council does hereby reserve a 20 ft. wide easement for the right to construct, maintain, repair, operate, and use underground sanitary sewer within the vacated right-of-way area described and shown on a separate recorded document, attached hereto and made a part hereof. Section 5. The City Council does hereby reserve an easement for the Desert Water Agency for the right to construct, maintain, repair, operate, and use waterline facilities within the vacated right-of-way area described and shown on a separate recorded document, attached hereto and made a part hereof. Section 6. The owners, lessees, or agents of the property located at 1901 East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described in Exhibit "A" and shown on Exhibit 'B", shall be required to remove all existing street improvements with the vacated area, subject to the approval of the City Engineer, and shall be responsible for all costs associated herewith. Section 7. The owners, lessees, or agents of the property located at 1901 East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described in Exhibit "A" and shown on Exhibit `B", shall be required to grant to the Desert Water Agency, an easement for existing and relocated underground utilities across their property as a result of the vacation of right-of-way, and shall be responsible for all costs associated therewith. Executed and recorded Grant Deeds conveying easements to the Desert Water Agency, shall be provided to the City Engineer. Section 8. In the event the obligations set forth in Sections 6 and 7 herein above are not completely fulfilled to the satisfaction of the City Engineer within one year of the date of the adoption of this Resolution, the action taken by the adoption of the Resolution vacating and abandoning all the City's right, title and interest in the subject portion right-of-way dedicated for East Palm Canyon, being the vacated area described in Exhibit "A", and shown on Exhibit "B", shall be deemed null and void, and the action will be automatically rescinded. Section 9. Upon notification from the City Engineer that the obligations set forth in Sections 4, 5, 6 and 7 herein above have been satisfied, 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 Resolution No. 23211 Page 3 County. Upon recordation of the Resolution, the subject portion of right-of-way shall be deemed vacated and closed to public use, except as deemed in Section 3. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF SEPTEMBER 2012. DAVID H. READY, ANAGER City of Palm Springs, California ATTEST: AMES THOMPSON, CITY CLERK City of Palm Springs, California 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. 23211 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 September 5, 2012 by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. tea. -ids--- MES THOMPSON, CITY CLERK City of Palm Springs, California EXIIIBIT"A" LEGAL DESCRIPTION R 12-07 PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH,RANGE 4 EAST, S.B.M.,AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED IN BOOK 14, PAGE 652, OF MAPS OF SAN DIEGO COUNTY, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF SAID LOT 6,EXCEPTING THE NORTHERLY 10.00 FEET OF THE WESTERLY 95.00 FEET THEREOF. AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY VACATED BY CITY OF PALM SPRINGS RESOLUTION NO. 21865 RECORDED APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R. SAID AREA CONSISTS OF 13,612 SQUARE FEET, MORE OR LESS, AS SHOWN ON EXHIBIT`B"AND MADE A PART THEREOF. LAND SG KEtt4r Fs No. 6687 pp(z �P P RED Y: DF \F D:WASURVEYV001.205ldwg\R0W Au ust2 2012 SEWERXROW VAC.docu Page 1 of 1 LLEI RR LS�7 10 EXHIBIT Tl 1 _ NAY LINE NW 1/4 SEC. 25, US, R4E, SBM_ EAST PALM CANYON ROAD o I I L I N89'56'02"W 190.34' N89056'02"W N00'27'36"E uj Mo 95.00' 10.00' ; o ROW VAC47ED BY RES N o POR71ON OF LOT 6 CIF'PALM VALLEY 'n po u� Afa 2186502 0 16 2 53/OR CDGYYAVY LAMS 57MIB 14/652 (W o - z 14612 E7'.t Z [N89'56'04"W 285.70'] PAR PIE 225155-57 LL m Z N o b J o PARCEL 1 c Ld cv PM 7967 N Z4 w PMB 41/78 w o W v M ]C � r ccn z z u u (xxx) INDICATES RECORD DATA PER PM 34289 PMB 225/55-57 [xxx] INDICATES RECORD DATA PER PM 7967 PMB 41/78 [N89'56'04"W 287.07'] PARCEL o PY i SCALE 1"=50' - PIIB 41/78 0 25 50 100 150 CPS FILE NO. R 12-07 STREET VACATM PREPARED BY: Sip LAND SUq �d�CzIC�G°3 MLQpPOL�1C� .;��OP�� ICELLFy�F�o� 78-080 CALLS AMIGO, SUITE 102 LA QUINTA, CA 92253 No. 6687 760-2/9-9886 - 760-262-3000 (FAX) dale@kellehermapping.com DALE K LLEHER, DATE LS 6687 EXP. 6-30-14 OF C7Q\F 11