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HomeMy WebLinkAbout22674 RESOLUTION NO. 22674 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 A PORTION OF PUBLIC RIGHT-OF-WAY ADJACENT TO 1365 TACHEVAH DRIVE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R 09-14. 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 public roadway easements, or parts thereof, within the limits of the City; and WHERAS, pursuant to Section 8334(a) of the statute, the legislative body of a local agency may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, an original dedication of 30 feet (half-width) right-of-way for Tachevah Drive, shown as Lot "A" of Desert Sands No. 2, recorded in Map Book 18, Page 93, recorded April 7, 1936, records of Riverside County, California; and WHEREAS, the 1966 Palm Springs General Plan designated Tachevah Drive an 88 feet wide Secondary Thoroughfare; and WHEREAS, an additional 14 feet of right-of-way was dedicated adjacent to the property located at 1365 Tachevah Drive, recorded as Document No. 158782 on November 30, 1972, records of Riverside County, California; and WHEREAS, on September 2, 1998, the City Council adopted Resolution No. 19347, approving Case No. 5.0872, a General Plan Amendment to reclassify Tachevah Drive to a 60 feet wide Collector between Avenida Caballeros and Sunrise Way; and WHEREAS, on October 24, 2007, the City Council adopted Resolution No. 22077, approving the 2007 Comprehensive Update of the Palm Springs General Plan, classifying Tachevah Drive as a 60 feet wide Collector from Avenida Caballeros to Farrell Drive; and WHEREAS, on February 10, 2010, the Planning Commission of the City of Palm Springs determined that proposed right-of-way vacation was consistent with the Palm Springs General Plan; and WHEREAS, the additional 14 feet of right-of-way was dedicated adjacent to the property located at 1365 Tachevah Drive is considered excess right-of-way no longer necessary for public use. Resolution No. 22674 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 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 additional 14 feet of right-of-way dedicated adjacent to the property located at 1365 Tachevah Drive, recorded as Document No. 158782 on November 30, 1972, records of 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 additional 14 feet of right-of-way dedicated adjacent to the property located at 1365 Tachevah Drive, recorded as Document No. 158782 on November 30, 1972, records of Riverside County, California, is made in accordance with Section 8334(a) of the California Streets and Highways Code. 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 17T" DAY OF FEBRUARY, 2010. f f David H. Ready Hager ATTEST: mes Thompson, City Clerk Resolution No. 22674 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. 22674 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 17th day of February, 2010, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Hutcheson. NOES. None. ABSENT: Mayor Pougnet- ABSTAIN: None. *-shompson, CityClerk alm Springs, Call fornia4�0,Z' � f i EXHIBIT "A" R VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION A portion of right-of-way for Tachevah Drive, located in Section 11, Township A South, Range 4 East, San Bernardino Base & Meridian, more particularly described a5 follows-. The northerly 14.00 feet of Lot 4 of Desert Sands No. 2, according to Map thereof recorded in Book 18, Page 93 of Maps, Records of Riverside County California. f Said portion of right-of-way contains 1,008 square feet, more or less. y,�NpL LgNpS ��S�llS L t � H0.7987 b I S J �9TFOF CAL1FnR�\P I ` 75 1 I I �- 1 VISTA CHINO(111) EXHIBIT 11B" J z m FACHEVAH¢ DRIVE s v' o W 0 w Of p cn z ALEJO ROAD 0 I VICINITY MAP I TACHEVAH DRIVE 589 58 00 E� , i 3 2 r�7 0 72' I 6 d ' ti cor a cor q cor 3 ° 4 5 o a i 72' S89'S8 00"E LOT 4, DESERT SANDS 2, M8 78, PG 93 DESIGN BY: SCALE: FILE No.: VACATION OF RIGHT-OF-WAY FLIP NTS EA 09-14 1365 TACHEVAH ROAD CHECKED CY_ DATE SHEET NO.: 7/29/09 1 OF 1