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Home My WebLink About22886 RESOLUTION NO, 22886 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 AN OFFER OF DEDICATION OF RIGHT-OF- WAY FOR PALM HILLS DRIVE, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 04-15). 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 8331 of the statute, the legislative body of a local agency may summarily vacate a street if both of the following conditions exist: (1) for a period of five consecutive years, the street has been impassable for vehicular travel; and (2) no public money was expended for maintenance on the street during such period; 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, on June 18, 1984, an irrevocable "Offer of Dedication" recorded as Document No. 130136 (records of Riverside County) was made to the City of Palm Springs for street, highway and utility purposes for Palm Hills Drive; and WHEREAS, the City of Palm Springs has never accepted the Offer of Dedication, and Palm Hills Drive has never been constructed and has been impassable for vehicular travel for over five consecutive years, and no public money has been expended for maintenance on it during such period; and WHEREAS, it is necessary to vacate and abandon the original Offer of Dedication of right-of-way for Palm Hills Drive, and in its place, have the owners of the real property burdened by the Offer of Dedication execute and record a new Offer of Dedication of right-of-way for Palm Hills Drive, whereby more accurately defined limits of right-of-way, permanent slope easements, and temporary construction easements, are offered for dedication to the City of Palm Springs; and WHERAS, no change in legal access to Tract 17043 will occur as a result of the City's actions undertaken by this Resolution of Vacation, and that right-of-way for Palm Hills Drive will continue to be offered for dedication to the City of Palm Springs, subject to future acceptance upon completion of the extension of Palm Hills Drive to Tract 17043 by others. Resolution No. 22886 Page 2 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 9, "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Section 2. Subject to Sections 3 and 4 herein below, the City Council does hereby summarily vacate and abandon all the City's right, title and interest in the irrevocable Offer of Dedication for Palm Hills Drive as originally dedicated to the City of Palm Springs by Document No. 130136, recorded June 18, 1984, being the vacated area described in Exhibit "A", and shown on Exhibit "B", attached hereto and made a part thereof. Section 3. The owner(s) of the real property currently burdened by the Offer of Dedication, being the real property identified by Assessor's Parcel Number (APN) 681-480-001, 681-480-002, and 681-480-004, shall execute a new irrevocable Offer of Dedication of right-of-way for street and public utility purposes to the City of Palm Springs for Palm Hills Drive, including permanent slope easements and temporary construction easements, as required by the City Engineer. The irrevocable offers of dedication shall be appropriately executed by the record title owners, and shall be recorded in the Office of the Riverside County Recorder immediately succeeding the recordation of this Resolution of Vacation. Section 4. Upon notification from the City Engineer that the obligations set forth in Section 3 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 County, and that from and after the date this Resolution is recorded, the irrevocable Offer of Dedication for Palm Hills Drive as originally dedicated to the City of Palm Springs by Document No. 130136, recorded June 18, 1984, being the vacated area described in Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof, no longer constitutes a public right-of-way in accordance with Section 8335 of the statute. Resolution No. 22886 Page 3 ADOPTED THIS 16r" DAY OF MARCH, 2011. David H. ReadyAwrftnager 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. 22886 is a full, true and correct copy, and was dul� adopted at a regular meeting of the City Council of the City of Palm Springs on the 16 day of March, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tem Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. It mes Thompson,City of Palm Springs,'tC CfomiaO'��' i Resolution No. 22886 Page 4 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM OF EASEMENT FOR ROADWAY AND UTILITY PURPOSES A portion of Palm Hills Drive within Lots 24, 25, 26 and 27, Palm Valley Colony Lands, as per Map filed in Book 14, Page 652 of Maps, Records of San Diego County, California, in the City of Palm Springs, County of Riverside, State of California, as shown in the document recorded May 24, 1984, as Instrument No. 13t7136 of Official Records of said County, described as follows: Beginning at the southerly terminus of that certain curve concave easterly in the centerline of Palm Hills Drive described in said Instrument as having a radius of 800.00 feet, a length of 487.27 feet and a central angle of 34°53'54"; thence along the boundary of said i Instrument No. 1301: the following courses: radially from said curve on said centerline North 72006'06" East 50.00 feet, South 76°09'28" East 73.79 feet, South 32°10'00" East 678.34 feet, South 46°06'20" East 293.21 feet, South 36°43'38" West 131.00 feet, southwesterly 604.44 feet along a non—tangent curve concave northerly having a radius of 920.00 feet ` through a central angle of 37°38'36", non--tangent from said curve North 00°54'58" West 20.00 feet, North 71008'16" East 326.26 feet, South 19031'11" East 197.44 feet, southeasterly 4 381.87 feet along a non—tangent curve concave southwesterly having a radius of 1080.00 l feet through a central angle of 20°15'32" to the East line of said Lot 27; thence leaving: } said boundary and along said east line non--tangent from said curve South 00°08'51" West 9 251.50 feet to a point on a non—tangent curve concave southwesterly shown as having a radius of 900.00 feet, a central angle of .65°56'51" and a length of 1035.90 feet in said Instrument No. 130134,' a radial line to said point bears North 49°47'21" East; thence along the boundary of said Instrument No. 130136 the following courses: northwesterly 796.48 feet I along said curve through a central angle of 50"42'19", non—tangent from said curve North 00"54'58" West 20.00 feet, westerly 644.76 feet along a non—tangent curve concave northerly having a radius of 1080.00 feet through a central angle of 34°12'20", non—tangent from said curve North 45053'27" West 108.25 feet, northwesterly 479.25 feet along a non—tangent curve concave northeasterly having a radius of 1065.00 feet through a central angle of 25°46'59", non—tangent from said curve North 25"29'25" West 441.05 feet, North 17°05'19" West 196.00 feet and North 72006'06" Last 50.00 feet to the TRUE POINT OF BEGINNING. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. 1 i i 5V LANDZ�& SUS -+ James R all Ja es R. Gill, L. . 5780 Up.6/30/04 M License Expires: June 30, 2004 No. 578U FILE Na.: l Date: 0� \F �'A1" SHEET NO.: � k H&A LEGAL NO. 5880 1 of 3 i' Resolution No. 22886 PAnim BROADMOOR DRIVE EXHIBIT "B" --�2.00, 00'� f PALM HILLS DRIVE (100' WIDE) SHOWN ON INST. NO, - ST'j rF 18Q13G, O.R„ RECORDED i p _ MAY 24, 1984 �R 800.00' P.O.B. L=487.27' 5015 i .�o°° ��• 177 I 50.00' S76009'28"E I 73.79' N72°o6'o6"E N17°05'19"W .:....... .... . � \a�QaOU,� i.•s.i:..if�. . ....i•^....?i:f Zca�o $op �cP R. co s I 0 9 6k L { W l 4=3 , W I R-2p83S^ oi� N "`. Cr6 RAD I � p DO' ` Q 4.44' S39'01'10"W ' L-126g_00' d 34 8a p6 � ltl E 12 20" ,'' W a, ,•._...., ryry.. yf t e . .. 4. ........+. �J:.r i •.r. t. h.+ ....� S. ..... UOL 'o" QUITCLAIM OF EASEMENT CITY OF PALM SPRINGSFOR ROADWAY AND PUBLIC WORKS & ENGINEERING DEPARTMENT UTILITY PURPOSES H&A LEGAL NO. 5880 LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: J_ GILL 1" = 300, {--cKt-a SEE EXHIBIT "A" CHECKED BY: W.O. # SHEET NO.: s H. Foss 2867--3 2 OF 3 is i I G I i Resolution No. 22886 Page 6' - EXHIBIT "B" _ST,q rE y/Cyr �S� I F i a:E ir`... hk� 41 S�Go o•� I Wkp ti� ou �S>>S (R6¢0a0BM �`V Al NZ 0 44' o, g .00 W =�;' o _�1289.00' 4_44°21'56^ rp"S� I pyr P co N, C- a' �� R-HILLSr o q� Pa s 34 �6 , Z0N ( Y 5 56 51.R�g 00 1900 D0`ter'S ...,. �. . .,...+ 0,,9s z`" N43°25'h8_E n o RAC J - 4 is:....... 3::? I an' v., pALw CITY OF PALM SPRINGS QUITCLAIM OF EASEMENTPUBLIC WORKS & ENGINEERING FOR ROADWAY AND UTILITY PURPOSES cfFDEPARTMENT H&A LEGAL N0. 5880 LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: J. GILL 1" 300' SEE EXHIBIT "A" CHECKED BY: W.O. y SHEET NO.: H. Foss 2867-3 3 OF 3 I