HomeMy WebLinkAbout22424 - RESOLUTIONS - 1/21/2009 RESOLUTION NO. 22424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ALL ITS RIGHT, TITLE AND
INTEREST TO A PORTION OF SAN JOAQUIN DRIVE IN
SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE
R 08-028.
WHEREAS, the City Council for the City of Palm Springs, California, is authorized by
Division 9, Part 3, Chapter 3, 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 8334 (a) of the statute, the legislative body of a local
agency may summarily vacate excess right-of-way of a street or highway not required
for street or highway purposes; and
WHEREAS, the westerly 40 feet of San Joaquin Drive was reserved for public right-of-
way pursuant to Instrument No. 74689, recorded April 29, 1977, and Instrument No's
177941 and 177942, recorded August 23, 1979, and as shown on Parcel Map 24604,
Book 159, Pages 66-67, Riverside County Records, Riverside County, California; and
WHEREAS, a portion of the westerly 40 feet of San Joaquin Drive reserved for public
right-of-way pursuant to Instrument No. 74689, recorded April 29, 1977, and Instrument
No's 177941 and 177942, recorded August 23, 1979, and as shown on Parcel Map
24604, Book 159, Pages 66-67, Riverside County Records, Riverside County,
California, represents excess public right-of-way not required for street or highway
purposes.
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: The City Council does hereby summarily vacate and abandon all the City's
right, title and interest in a portion of the westerly 40 feet of San Joaquin
Drive reserved for public right-of-way pursuant to Instrument No. 74689,
recorded April 29, 1977, and Instrument No's 177941 and 177942,
recorded August 23, 1979, and as shown on Parcel Map 24604, Book
Resolution No. 22424
Page 2
159, Pages 66-67, Riverside County Records, Riverside County,
California, and more particularly described and shown on Exhibits "A" and
"B", attached hereto and made a part hereof.
Section 3: This Resolution to summarily vacate excess right-of-way in a portion of the
westerly 40 feet of San Joaquin Drive reserved for public right-of-way
pursuant to Instrument No. 74689, recorded April 29, 1977, and
Instrument No's 177941 and 177942, recorded August 23, 1979, and as
shown on Parcel Map 24604, Book 159, Pages 66-67, Riverside County
Records, 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 the
Resolution attested by him under the seal of the City, to be recorded in the
Office of the County Recorder of Riverside County.
Section 5. Following the recordation of this Resolution, the excess right-of-way
dedicated for San Joaquin Drive, being generally described as a portion of
the westerly 40 feet of San Joaquin Drive reserved for public right-of-way
pursuant to Instrument No. 74689, recorded April 29, 1977, and
Instrument No's 177941 and 177942, recorded August 23, 1979, and as
shown on Parcel Map 24604, Book 159, Pages 66-67, Riverside County
Records, Riverside County, California, and as more particularly described
and shown on Exhibits "A" and "B", attached hereto and made a part
hereof, no longer constitutes a portion of the public street known as San
Joaquin Drive.
ADOPTED this 215` day of January, 2009.
David H. Ready, I yy r�g r
ATTEST: cJ
es Thompson, City Clerk
Resolution No- 22424
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) 55.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22424 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 215 day of January, 2009
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None-
J mes Thompson, City Clerk
ity of Palm Springs, California 12 �20�9 r
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 24604 ON FILE IN BOOK
159 OF PARCEL MAPS, PAGES 66 AND 67, IN SECTION 18, TOWNSHIP 4
SOUTH, RANGE 5 EAST, S.B.M., COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2;
THENCE SOUTH 00013'20" EAST, A DISTANCE OF 21.33 FEET ALONG THE
CENTERLINE OF SAN JOAQUIN DRIVE, ALSO BEING THE EASTERLY LINE OF
SAID PARCEL 2;
THENCE SOUTH 89046'40" WEST, A DISTANCE OF 32.69 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 04030'58" EAST, A DISTANCE OF 90.86 FEET;
THENCE SOUTH 01027' 18" EAST, A DISTANCE OF 40.98 FEET;
THENCE SOUTH 00013'20" EAST, A DISTANCE OF 33.81 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING
A RADIUS OF 25.25 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
11.83 FEET THROUGH A CENTRAL ANGLE OF 26050'15", A LINE RADIAL TO SAID
CURVE AT SAID POINT BEARS NORTH 63623'04" WEST;
THENCE SOUTH 740 59-13" WEST, A DISTANCE OF 12.70 FEET TO A POINT ON
THE. WESTERLY RIGHT-OF-WAY LINE OF SAN JOAQUIN DRIVE AS RECORDED
APRIL 29, 1977 IN INSTRUMENT NO. 74689, AND AS RECORDED AUGUST 23,
1979 IN INSTRUMENTS NO. 177941 AND 177942, OFFICAL RECORDS, RIVERSIDE
COUNTY, CALIFORNIA;
THENCE NORTH 00013'20" WEST, A DISTANCE OF 185.75 FEET, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 51°41'54"
EAST, A DISTANCE OF 9.34 FEET TO THE POINT OF BEGINNING.
LAND
SAID PARCEL CONTAINS 2,274 S.F. (0.05 AC.), MORE OR LESS.
* 3t 10
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EXHIBIT "B"
OPORTION OF RIGHT-OF-WAY
TO BE VACATED
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SEC 18
CURVE DATA TABLE LINE DATA TABLE
R I A I L UN49'592'1
30'58" E 90.86'
C1 25.25' 26'50'15 11 .83' 2718 E 40.98
C2 257.00 16'38 02 74.61 13 20 E 33.81
59 13 W 12.70
tM 40' WIDE EASEMENT FOR STREET R/W 13 20 W 18575
AND PUBLIC UTILTY PURPOSES PER 41 54 E 9.34
DEEDS RECORDED 04/29/77 AS 59'13" W 60.39
INST. NO. 74689 AND 08/23/79 AS 52'14" W 36.85'
INST. NO. 177941 & 177942. L9 I N 01'0512 W1 19.87