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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 �q�OF CAG`F° EXHIBIT "B" OPORTION OF RIGHT-OF-WAY TO BE VACATED --- �� DRIVE M\SS�oN P N51641 '54"W p'o x C2 F N28'57118"E 4a.00 L6 55' N89"46'40"E 32.69' L9 PARCEL 6 r o "All 1 w 40 P 2 _w PORTION OF LL: PARCEL 2 � °w PM 24604 °p a L.L. Q PMB 159/ Z_ PGS 66-67 v o w ry 40' [ J1 25' I �8 E7 C1 U7 L4I N63'23'04"W. (R)� S 1/16 COR. 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