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Home My WebLink About22669 RESOLUTION NO, 22669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE WESTERLY 14 FEET OF PUBLIC RIGHT-OF-WAY DEDICATED FOR BARONA ROAD, SOUTH OF THE SMOKE TREE SHOPPING CENTER, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 09-11. 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 February 17, 2010, for City Council consideration of vacating and closing to public use the westerly 14 feet of the public right-of-way dedicated for Barona Road located south of the Smoke Tree Shopping Center; 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, 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 City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the westerly 14 feet of public right-of-way dedicated for Barona Road located south of the Smoke Tree Shopping Center, being the vacated area 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 the westerly 14 feet of public right-of-way dedicated for Barona Road located south of the Smoke Tree Shopping Center is unnecessary for present or prospective public use. Section 2. Subject to Section 3, the City Council does hereby vacate and abandon all the City's right, title and interest in the westerly 14 feet of public right-of-way Resolution No 22669 Page 2 dedicated for Barona Road located south of the Smoke Tree Shopping Center, 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. 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. _ David H. Ready, Ci g'�r ATTEST: ,l 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. 22669 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. ; mWs Thompson, City Clerk /0Pit p f d City of Palm Springs, California f i k' EXHIBIT "A" RIGHT OF WAY VACATION R 09- 011 LEGAL DESCRIPTION IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE WEST HALF OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: i COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 7257, AS SHOWN BY MAP ON FILE IN BOOK 24, AT PAGE 18, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, SAID POINT ALSO LYING 44.00 FEET WESTERLY OF THE CENTERLINE OF BARONA ROAD AND THE EASTERLY LINE OF THE WEST HALF OF SAID SECTION 25; ' THENCE PARALLEL WITH SAID CENTERLINE OF BARONA ROAD SOUTH i 00004'30" WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF I BARONA ROAD A DISTANCE OF 150,00 FEET TO THE TRUE POINT OF { BEGINNING; THENCE CONTINUING SOUTH 00'04'30" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE.A DISTANCE OF 1,656.87 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00003'30" WEST A DISTANCE OF 889.67 FEET, TO THE NORTHERLY LINE OF PARCEL 6040-7, AS SHOWN ON MAP ON FILE IN BOOK 103, PAGES 85 THROUGH 92, INCLUSIVE, OF RECORDS OF SURVEY; THENCE NORTH 46023'24" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 19.35 FEET, TO A LINE PARALLEL WITH AND LYING 30.00 FEET WESTERLY OF SAID CENTERLINE OF BARONA ROAD; f -THENCE NORTH 00°03'30" EAST ALONG LAST SAID PARALLEL LINE A DISTANCE OF 876.28 FEET; I THENCE CONTINUING ALONG LAST SAID PARALLEL LINE NORTH 00004'30" EAST A DISTANCE OF 1,806.89 FEET; THENCE NORTH 89055'30" WEST DISTANCE OF 14.00 LANp FEET TO THE TRUE. POINT OF BEGINNING. �O� `S'G k� 9m SUBJECT TO EXISTING EASEMENTS, COVENANTS, a CH S R. HA Is RIGHTS AND RIGHTS-OF-WAY OF RECORD, E SR f No. 4989 Pk Exp. 12/31/11 CONTAINING 35,558 SQUARE FEET OR 0.816 ACRES, MORE OR LESS.PAGE 10F1 gr�pF CAI�FOP= k I �A �� EXHIBIT " "B PARMEIL NAP No. sIsgas C� m m m S C COR. m PAR. 3 co I I -E'LY, LINE, W. 1/2, f. w S'LY LINE bb OF SEC. 25 '�m 'a 2 PARCEL 3 m Q PM 7257 aN 89'55'3V W PME 24/78 T.P.O.B. 14.00' oT o b o P o z 14-00' JACARANDA —" VACATED R/W Rn. 0.816 AC. 44.00' 14.00' 30.00, 44,00' P&%LK VAULEY COLCHY LARODS Mfg 94/M SA CO- 30.00' p — MORONQO TR. VACATED R/W — — — 0 0,816 AC. 0_ N EX, 10' PUE PER m ¢ m N ME 58/47-48 0 U m ��' �'w co D o w Mn7o 9/�, W Q -ow a m a r> wo a r � fM.- ¢ c a b a a RUN MAIbdEY a o EX. 10' PUE pER b z MB 58/47--48 N NP 94/M O.M Do. i EX. 10' PUE pER < ME 58/47-48 14,00' 1 = 200' 2 Qj N'LY LINE PALM ANZA TR. CANYON WASH I / o¢ 20' TEMP OWA PER 1 � D.R. 04/785920 I4T$IL CON'SUi.TING, INC 45' DWA PER ruynw`rna Hxoolp.tw mL� D.R. 04/785920IV 34 -T 9w Hon rnrya MGM F Nswe. f7Z70 / g�a w f/5o) n..p6o)s23-s-ro3 ppiM APPROVED: { °� CITY OF PALM SPRINGS DATE H PUBLIC WORKS & 7987 *�1LiFORN�P ENGINEERING DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P,L.S. 0 ASST. CITY ENGINEER RIGHT OF WAY VACATION DESIGN BY: SCALE: FILE NO,: CRH 1'=200' R 09 — 011 LEGAL DESCRIPTION; SEE EXHIBIT °A" CHECKED BY; W.C. # SHEET NO.: CRH 1765 1 OF 1 I