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HomeMy WebLinkAbout23143 RESOLUTION NO. 23143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST OF A 20 FEET WIDE EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO.2808, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 11-15)." WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to summarily vacate and abandon streets and public service easements, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333(a) 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, the 20 feet wide golf course easement shown on Tract No. 2808, recorded January 6, 1965, in Map Book 52, Pages 42-45, inclusive, records of Riverside County, California, (hereinafter, "Tract No. 2808"), was dedicated to and accepted by the City Council of the City of Palm Springs on December 18, 1964; and WHEREAS, the 20 feet wide golf course easement, or portions thereof, shown on Tract No. 2808, has not been used for the purpose for which it was dedicated for over five consecutive years; and WHEREAS, as of the date this Resolution was adopted, not all affected property owners have consented to the summary vacation of the 20 feet wide golf course easement, or portions thereof, and it is in the best interest of the City Council to authorize the summary vacation of portions of the subject easement up to and include the entire width thereof with the consent of the affected property owners; and WHEREAS, subsequent to the City Council's adoption of this Resolution authorizing the summary vacation of the 20 feet wide golf course easement, the City Manager and City Engineer shall administratively implement recordation of a Notice of Summary Vacation and Quit Claim Deed, or other document approved by the City Attorney, on a case by case basis with the consent of each affected property owner. 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 Resolution No. 23143 Page 2 Service Easements Vacation Law", of Division 9, "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Section 2. The City Council does hereby authorize the summary vacation and abandonment of all the City's right, title and interest in that certain 20 feet wide easement identified for "golf course purposes" extending over and within Lots 1 through 55, inclusive, of Tract No. 2808, recorded in Map Book 52, Pages 42-45, inclusive, records of Riverside County, California, subject to Sections 3 and 4 herein. Section 3. The summary vacation of the 20 feet wide golf course easement is subject to the administrative implementation and approval by the City Manager and City Engineer, on a case by case basis, with the consent of each affected property owner. Section 4. The City Manager and City Engineer shall administratively implement recordation of a Notice of Summary Vacation and Quit Claim Deed, or other document approved by the City Attorney (the Notice of Vacation"), on a case by case basis, with the consent of the affected property owners. The summary vacation of the 20 feet wide golf course easement, or portions thereof, shall not be effective until the recordation of the Notice of Vacation pursuant to Section 5 herein. Section 5. At the time a Notice of Vacation is administratively prepared for recordation with the consent of the affected property owners, 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 concurrently with the Notice of Vacation in the Office of the County Recorder of Riverside County, and that from and after the date this Resolution and the Notice of Vacation is recorded, the 20 feet wide golf course easement, or portions thereof, shown within the individual lots identified in the Notice of Vacation, shall no longer constitute a public service easement in accordance with Section 8335 of the statute. ADOPTED THIS 16T" DAY OF MAY, 2012. '77— David H. Ready, City ger ATTEST: ames Thompson, City Clerk Resolution No. 23143 Page 3 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. 23143 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 May 16, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk ` City of Palm Springs, California