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Home My WebLink About22155 - RESOLUTIONS - 2/13/2008 RESOLUTION NO. 22155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR EAST PALM CANYON DRIVE LOCATED WEST OF CHEROKEE WAY, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 07-017. 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 13, 2008, for City Council consideration of vacating and closing to public use a portion of the public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way; 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, the City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way, being the vacated area described and shown on Exhibits "A" and "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 portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way is unnecessary for present or prospective public use. Section 2. Subject to Sections 3 and 4, the City Council does hereby vacate and abandon all the City's right, title and interest in the portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Resolution No. 22155 Page 2 Section 3. The City of Palm Springs reserves and excepts from the foregoing vacation a sewer easement and 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 of Palm Springs reserves and excepts from the foregoing vacation an easement for public sidewalk and pedestrian access purposes extending over the southerly 10 feet of that portion of the vacated area identified as Parcel 1, lying easterly of the most easterly point of that portion of the vacated area identified as Parcel 2, as described on Exhibit "A" and shown on Exhibit "B". Section 5. 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 13th day of February, 2008- David H. Ready, C' ~ - ATTEST: me s 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. 22155 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the City Council of the City of Palm Springs on the 13th day of February, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk California ity of Palm Springs, Q-'�1 ZI ZDO EX111131T A TI IAT• PORTION OF TI Ili SOl I I I IFAS I Ql JAR l I{R OI I I II. NOIt I I I WI.ST' Ql IAR'I'I?R OP SEC770N 30, I OWNSIIIP 4 5011 I I I, IZAN(il•: 5 I?AS PARTICULARLY DL••SCIUBED IN I III-. FOLLOWING TWO PARCELS PARCEL I BEGINNING (P_O.B.) AT•FHE SOUTHEAST CORNER OF SAID NORTI i WEST QUARTER; THENCE ALONG THE; EAST LINT. 01" SAID NORTTT WI:S7' QUART IiR AND TH1; CENTERLINE OF CI 11EROKEE WAY NORTH 000 03' 41" WEST, A DISTANCE OF 21038 FEET, TO THE. SOUTH RRMT-OF-WAY LINE' OF EAST PALM CANYON DRIVE, BEING 202 FEET WIDE, SAID SOUTH RIGHT-OF-WAY LINE DESCRIBED IN DOCUMENT RECORDED ON MAY 3, 1967 AS INSTRUMENT' NO, 37983; TIJENCE ALONG SAID SOUTH RIGHT-OF-WAY LINT; NORTH 730 00' 00" WEST, A DISTANCE OF 77.41 FEET TO THE TRUE POINT OF BEGENNING (T.P_0.I3.), SAID POINT BEING ON A LINE PARALLEL WITH, AND 74.00 FEET WESTERLY OF THE CENTERLINE OF CHEROKEE WAY, BEING 88 FLET WIDE; THENCE ALONG SAID PARALLEL LINE NORTH 000 03' 41" WEST, A DISTANCE OF 53,35 FEET TO A POINT ON A LINE PARALLLEL WITH AND 51 FEET NORTH OF SAID SOUTH RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 730 00' 00" WEST, A DISTANCE OF 1302.95 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WEST LINE SOUTH 000 057 46"EAST, A DISTANCE OF 53.36 FEET TO SAID SOUTH RIGHT-OF-WAY LINT;; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 730 00' 00"EAST, A DISTANCE OF 1302.91 FEET TO THE TRUE POINT OF BEGINNING_ PARCEL I CONTAINS 66,449.43 SF (I.53 Ac) PARCEL 2 BEGINNING(P.O.B.)AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER NORTH 000 05' 46"WEST, A DISTANCE OF 617-35 FEET TO TIC SOUTH RIGHT-OF-WAY LINE OF EAST PALM CANYON DRIVE, BEING 202 FEET WIDE; DMc DATE:01-02-08 IN 1056 1AADM1N PROCB138IING110561QUITCLAIM EASEMENT 1-3-08.dn 1/2 rHLNCL ALONG SAID SOUTH RIGI I'l-OF-WAY LINE SOIJT'l1 73- 00' 00" FAST, A DISTANCE OF 6.55 FEET TO T'HE RUE POINT OF 131;(;INNING (1.P.0.13.): THENCE CONTINUING ALONG SAID SOUT'11 R161I I -OF-WAY LINE SOU 1'l1 73" 00' 00" LAST, A DISTANCE OF 154.14 I TI• I': THENCE SOUTH 890 56' 15" WEST, A DISTANCE OF 91.18 FEET TO T14E BEGINNING OF A TANGENT CURVE CONCAVE, NORTHERLY, HAVING A RADIUS OF 51 00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 170 03' 46", CALCS AN ARC DISTANCE OF 15.19 FEET; "THENCE NORTH 730 00' 00" WEST, A DISTANCE OF 6.00 FEET'FO THE BEGINNING, OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 51.00 FEET; 'THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 640 26' 49" AN ARC DISTANCE OF 57.37 TO THE TRUE POINT OF BEGINNING; PARCEL 2 ALSO BEING THAT CERTAIN PARCEL OF LAND DESCRIBED IN INSTRUMENT NO. 106963, RECORDED MAY 21, 1984; PARCEL 2 CONTAINS 2719.46 SF (0.06 Ac) PARCELS I AND 2 MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD,IF ANY. NO su DEREK J. McG ORE"GOR ;��,,a.McGgFoc�o PLS 6496 EXPIRES 6-30-09 o No.saas Fjcp.6130109 DMc FATE:01.02-08 JN.1056 L:ADM N PROCESSING11056\1056-ROW-QUFrCLAIM GASF,MENT 1-3.08.do 2/2 EXHIBIT U V u) O y SCALE . 1"=200' q G-1ER010EE WAY S n G ul n C LIN�NN tad C� Z ��Q3}L 210.76 `P o.e(PARCEI 1) cnrumv nR - - SE COR.SE 1^ / NW 114, SECTION 30 % LP.O.B. ( PAR EL 1 r ( y sccnav NTSOF SECTION 30 T4S,N R5E SECTION REFERENCE / I �51 I WLINEnisi'ANCE LE BEARING SI3'00'00'E 707,0p,S73'00'00'E S89'56'15'W pl 1 "W �/ ( O CURVE TABLE CUR EN VE LGTH RADIUS ANGLE O y1. „OO) 11 C1 1519 51.00 V'0346• .� SOUTH R/W LINE �I Lo 1 PARCEL 1 I r � I ( 1 I r I� PARCEL 2 ( 'r PARCEL 2 I EE TAIL A I 0 w d / / 1 `.w �51.00 I r R=51.00 / d<64-26"49" P.O.&(PARCEL 2) L=57.37 __ 5W COR, SE 1/4, 4 6426'49"" N00'05'46"'W 617.35' NW 114, SECTION 30 �p W. LINE OF SE 114, NW 114 DETAIL A o N.T.S o 0 mm C ENGMEMIG SXErqH TO ACCOAIPANY LEGAL DESORPTION SHEET 1 OF 1 00 CIVIL(SURVEYING•PLANNING•CONSTRIICTION AM Tel:(949)753-9393♦Fax:(949)753-9312 EAST' PALM CANYON DRIVE GUITCLA 1-09-08 IS Technology Drive,Suite 100,Irvine,California 92618 FO, E-Mail:dmc@dmcmg.com♦www.dmce➢g.com BMW OF PALM SPRINGS K 1056 Z.\acod—jobs\1055\dwg\1056—ROW—Quitclaim.dwg