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Home My WebLink About22168 - RESOLUTIONS - 3/5/2008 RESOLUTION NO. 22168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF PUBLIC RIGHT-OF-WAY FOR BOGERT TRAIL, AND PORTIONS OF PUBLIC SEWER EASEMENTS LOCATED WITHIN TRACT MAP 30046, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-34. 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 vacate and close to public use service easements and streets dedicated for public use, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333 (c) of the statute, the legislative body of a local agency may summarily vacate a public service easement superseded by relocation; and WHEREAS, pursuant to Section 8334 (a) of the statute, the legislative body of a local agency may summarily vacate excess right-of-way of a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, a dedication of right-of-way for the purpose of installing and maintaining underground sewers was made to the City of Palm Springs by Grant Deed recorded January 5, 1966, as Document No. 1440; by Grant Deed recorded January 5, 1966, as Document No. 1441; and by dedication over portions of Lots 1, 2, 3, and Lot "R" of Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California; and WHEREAS, a dedication of right-of-way for Bogert Trail over the southerly 30.00 feet of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, was made to the City of Palm Springs by Grant Deed recorded August 13, 1964, as Document No. 99693; and WHEREAS, portions of public service easements located within Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California, have been superseded by relocation; and WHEREAS, a portion of Bogert Trail right-of-way located over the southerly 30.00 feet of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, represents excess public right-of-way not required for street or highway purposes. Resolution No. 22168 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 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 public service easements dedicated for sewer purposes that have been superseded by relocation, being generally described as the easterly 15.00 feet of the Northwest Quarter (NW'/.) of the Southeast Quarter (SE%) of Section 35, Township 4 South, Range 4 East, Riverside County, California, and more particularly described on Exhibit "A-1" and shown on Exhibit "B-1 attached hereto and made a part hereof. Section 3. The City Council does hereby summarily vacate excess right-of-way dedicated for Bogert Trail, being generally described as a portion of the southerly 30.00 feet of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, and more particularly described on Exhibit "A-2" and shown on Exhibit "B-2", attached hereto and made a part hereof. Section 4. The City Council does hereby summarily vacate a public service easement dedicated for sewer purposes that has been superseded by relocation, being generally described as a 20.00 feet easement dedicated over a portion of Lots 1, 2, 3, and Lot "R" of Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California, and more particularly described on Exhibit "A-3" and shown on Exhibit "B-3", attached hereto and made a part hereof. Section 5. This Resolution to summarily vacate portions of public service easements dedicated for sewer purposes superseded by relocation is made in accordance with Section 8333 (c) of the California Streets and Highways Code. Section 6. This Resolution to summarily vacate excess right-of-way dedicated for Bogert Trail is made in accordance with Section 8334 (a) of the California Streets and Highways Code. Section 7. Following the recordation of this Resolution, the portions of public service easements dedicated for sewer purposes superseded by relocation, and the excess right-of-way dedicated for Bogert Trail, more particularly described on Exhibits "A-1", "A- 2", and "A-3", and shown on Exhibits "B-1", "B-2", and "B-3", attached hereto and made a part hereof, no longer constitute public service easements or public right-of-way- Section 8. 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. Resolution No. 22168 Page 3 ADOPTED this 5th day of March, 2008. David H. Ready, Ci agar ATTEST: 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. 22168 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 51h day of March, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Pougnet. ABSTAIN: None. mes Thompson, City Clerk `z6��c3ag ity of Palm Springs, California EXHIBIT 1A- SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 4 SOUTH,RANGE 4 EAST, RIVERSIDE COUNTY, STATE OF CALIFORNIA, A RIGHT OF WAY FOR THE PURPOSE, USE INSTALLATION AND MAINTENANCE OF UNDERGROUND SEWER, AND FOR THE INSTALLATION BY OTHER PERSONS, FIRMS, CORPORATIONS OR ENTITIES ENFRANCHISED BY SAID CITY, UNDERGROUND? SEWER AS FOUND IN INSTRUMENT NO. 1440 AND INSTRUMENT NO. 1441,BOTH RECORDED JANUARY 5, 1966, OFFICIAL RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOW: THE EASTERLY FIFTEEN(15)FEET OF SAID NORTHWEST QUARTER. SAID EASEMENT CONTAINS APPROX. 19, 899 SF+/- (0,46 AC.) FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prr aced under the supervision of: r.->> E 1 akf-- Date- Angela 4 Dorf,1.1..S.#8010 �\ No 8010 Expires 12/31/0S STANT$C CONSULTING, INC. Exp 12/31,aS 73-733 Fred Waring Drive, Suite 100 Patin Desert, CA 92260 f {• J/,r (760)346-9844 �a wOhl FL\\(3 ' 0:\40813\4081302\dmv,ings\surveA ewerpascmencdoc Pagc I of I EXHIBIT RIGHT OF WAY AND PUBLIC UTILITY EASEMENT VACATION LEGAL DESCRIPTION R 07-034 THAT PORTION OF T14E SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, A RIG14T OF WAY FOR THE PURPOSE, USE, INSTALLATION AND MAINTENANCE OF STREET AND HIGHWAYS,FOR PUBLIC UTILITY INSTALLATION AND FOR THE INSTALLATION BY OTHER PERSONS, FIRMS, CORPORATIONS OR ENTITIES ENFRANCHISED BY SAID CITY, RIGHTS OF WAY AS FOUND IN INSTRUMENT NO. 99693 RECORDED AUGUST 13, 1964, OFFICIAL RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOW: COAEWENCING AT THE INTERSECTION OF BOGERT TRAIL AND VIA MONTE S1 RENO; THENCE NORTH 00004'04" WEST 30.00 FEET TO A POINT ON TILL NORTHERLY RIGHT OF WAY LINE OF BOGERT TRAIL; THENCE SOUTH 89055'56" EAST 45.16 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING; TIIENCE CONTINUING NORTH 89055'56" EAST 318-69 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE EAST LINE OF T I IE SOUTI LEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 00015'25"WEST 30.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89055'56" WEST 126.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 630.00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTI-I 17041706"WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 195-20 FEET THROUGH A CENTRAL ANGLE OF 1745'10", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORT1400004'04"WEST TO THE POE'iT OF BEGINNING, SAID EASEMENT CONTAINS 5,698 SF+/-, (0.13 AC.) FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the supervision of., Dater a �e �10��END Angela +. Dorf, P.L.S. #8 10 Expires 12/31/08 STANTEC CONSULTING,INC. No 8010 73-733 Fred Waring Drive, Suite 100 Palm Desert,CA 92260 F xp 12/ii/OS (760)346-9844 \ �V P 0:\40813\4081302\dmwln@SlsurvuylStrcccL•asement.doc OF CA\ \- Pagc 1 of 1 EXHIBIT SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034B THAT PORTION OF LOTS 1, 2, 3 AND LOT"R"OF TRACT MAP NO. 30046,ON FILE IN MAP BOOK 387, PAGES 13 THROUGH 19,INCLUSIVE, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 4 SOUTH, RANGE 4 EAST, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, S.13.M., RESERVED AS 20 FEET WIDE SEWER EASEMENT DEDICATED TO PUBLIC USE FOR SEWER PURPOSES, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERN MOST SOUTHWEST CORNER OF LOT "R" OF SAID TRACT MAP NO. 30046, THENCE SOUTH 89055'56"WEST 2.40 FEET; THENCE NORTH 05e30'10" EAST 24.57 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, ALSO BEING THE BEGINNING OF A NONJANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 660.00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTH 18049'21" WEST; THENCE NORTHWESTERLY ALONG TIIE ARC OF SAID CURVE AN ARC DISTANCE OF 11,46 FEET THROUGH A CENTRAL ANGLE OF 00059'40", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 17049'41" WEST TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 3284.74 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTH 69026'51"EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 171.78 FEET THROUGH A CENTRAL ANGLE OF 02059747, TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1020.00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 66027'04"WEST,- THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 141.02 FEET THROUGH A CENTRAL ANGLE OF 07e55'17, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 58031'47"WEST; THENCE SOUTH 31031'42"EAST 7.35 FEET; T14ENCE SOUTH 00056'21" EAST 25.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET, A LINE RADIAL TO SA➢7 POINT AT SAID CURVE BEARS SOUTH 59057'47"EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 113-23 FEET THROUGH A CENTRAL ANGLE OF 06029'17" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 3264.74 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 66027'04" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 193.18 FEET THROUGH A CENTRAL ANGLE OF 03023'25", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 69650'29"WEST, ALSO BEING THE POINT OF BEGINNING. 0:140813k081302\dmwings\su"cy�20ft_Sewe EC emcnudoc Pagel of2 EXHIBIT SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034D SAID EASEMENT CONTAINS 6,138 SF+/-, (0,14 AC.) FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY T14JS REFERENCE MADE A PART HEREOF. Pr aredunderthcsupervisinnof: d``rh LAN/) �Suh Date: Expires 12/31/08 �"I\ I STANTEC CONSULTING, INC oc', 73-73 3 Fred Warinb Drive, Suite 100 r Palm Desert, CA 92260 (760)346-9844 " . -f r" 1 _,rrr 0:\40813\4081302\dmwings\su"cy\20ft SewerEa cmcnt.doe Page 2 of EXHIBIT 1`0-1 r1 SHEET 1 of 1 SANITARY SEWER EASEMENT VACATION PLAT R 07-034 NORTH UN£ OF THE NW NORTH LINE OF THE NE 1/4 OF THE SE 7/4 J/4 OF TN£ SE I/4, SEC. 35 SEC. 35 75' QED LAND s� No. 8010 43 \�tx Exp. 12/31/08 \Q• STgTE OF \� zw w � w� 0 z " ti 6 o SCALE: 1" = 200' SOUTH LINE OF 774E NW 7/4 OF THE SF 1/4. SEC. 35 — BGGERT TRAIL 7R. N0. 16759 M.B. 129/87-89 PREPARED UNDER THE SUPERVISION OF.• JN: 40813.02 STANTFC CONSULTING INC. 1 73.733 FRED WARING DRIVE SUFFE 700 ANGELA . DORF, P.L 8070 DATE PALM DESERT,CA 92260 StanteC 760.346.9844 EXHIBIT "g-�" SHEET 1 OF 1 RIGHT OF WAY AND PUBLIC UTILITY EASEMENT VACATION PLAT R 07-034 z TR. NO. 30046 M.B. 387/14- 19 LINE DATA rt NO. GEAR/NG D/STANCE L 1 NOC7'Q4 04"W 30.00' L2 N89'S5 56"E 45.16' � � oti zo I1 W w~ d N0004 04"W_(R) L2 '�^ N8955560E JI&69' R to pp. SOp3Q 00'00, =79S,zo• 7�sY`:Os,• .26.-0' TR. NO. 16759 [T M.B. 129/87—$9 � LAND E . No. 8010 Exp. 12/31j08 PREPARED UNDER THE Sr�TE 0F GALNF SCALE: 1" = 100' SUPERVISION OF. JN.• 40813.02 STANTEC CONSULTING INC. U V' 73-733 FRED WARING DRIVE SUITE 100 A EL DORF P.L.S. 8010 DATE PAW DESERT,CA 92260 Sta"tE!C 760 9469844 s EXHIBIT "1.--3 " SHEEP 1 OF 1 SANITARY SEWER EASEMENT VACATION PLAT R 07--034B TR. NO. 30046 LM. B. 387/14- 19 LINE DATA NO. BEARING O/STANCE III S89-55.56-W 2.40' O 3 L� L21 N05'J010"E 1 24.57 LL3 S31:J7'42"£ 7.35' r-� p G� S59'57'47"E�(R) L4 SR756 21"E 25 68 J \ R0�0 DATA ah�/ CURVE L N0. R401US DELTA ARC 2 ti C7 3284.74' 02'59 7 47" 171.78' `fir N66Tp4=W R i22O' 1020.00, 0755'17" 141.02' C3 1 1000.00, 07297T 1IJ,2.T' k C4 3264.74' O.J•2325" 193.18' O/ c5 sso.00' 00'59.40" 11.46' 1 �ry c� LOT R �L a �N�bbO pp)Nf7�26;5j".'' t�9 47� S>g•492�K'�j� 's N69 50 29"W (R) �� BOGLcR " P08 TR. NO. 16759 M_6. 129/87-89 LAND IL No_ 8010 Exp. 12/31/08 P PREPARED UNDER THE OF CP, SUPERVISION OF. 04 SCALE. 1" = 100' JN. 40813.02 r VANTEC CONSULTING INC. ED WARING DRIVESUTE 100GELA E DORF, P.L115. 8010 DATE PALM DESERT,CA 92260 Stant6C 760.346.9844 wax