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HomeMy WebLinkAbout22046 - RESOLUTIONS - 10/3/2007RESOLUTION NO. 22046 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 CAHUILLA ROAD BETWEEN BARISTO ROAD AND RAMON ROAD, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-047. 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 October 3, 2007, for City Council consideration of vacating and closing to public use a portion of the public right-of-way dedicated for Cahuilla Road between Baristo Road and Ramon Road, adjacent to the Viceroy Palm Springs hotel property; 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 or 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 Cahuilla Road between Baristo Road and Ramon Road, adjacent to the Viceroy Palm Springs hotel property, 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 Cahuilla Road between Baristo Road and Ramon Road, adjacent to the Viceroy Palm Springs hotel property is unnecessary for present or prospective public use. Section 2. Subject to Section 3 herein below, 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 Cahuilla Road between Baristo Road and Ramon Road, adjacent to the Viceroy Palm Springs hotel property, as described and shown on Exhibits "A" and °B°, attached hereto and made a part hereof. Resolution No. 22046 Page 2 Section 3. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain 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 3rd day of October, 2007. David H. Ready, CiiyM ger ATTEST: i / ames 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. 22046 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 3rd day of October, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. /Ones Thompson, City Clerk ity of Palm Springs, California EXHIBIT "A" LEGAL. DESCRIPTION VACATION OF RIGHT-OF-WAY THAT PORTION OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTIONS 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 17, AS PER MAP IN BOOK 9, PAGE 432, OF MAPS, RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. ALSO BEING THE SOUTHWEST CORNER OF PARCEL "A" OF PARCEL MERGER RECORDED DECEMBER 8, 2005 AS INSTRUMENT NO.2005-0655734; THENCE NORTI4 00008'00" WEST 500.00 FEET ALONG THE WEST LINE OF SAID PARCEL "A' TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89050'00" WEST 13.00 FEET; THENCE SOUTH 00008'00" EAST 500.00 FEET; THENCE SOUTH 89050'00" EAST 13.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 6500 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART IIEREOF. Prepared under the supervision of r' ge4E0,f P.L.S. 1480] 1 xpires 12/31/08 STANTEC CONSULTING, INC. 73-733 Fred Waring Drive, Suitc 100 Palm Desert, CA 92260 (760)346-9844 Date: b l X l o7 LA110 S�; E ��Ft No. 8010 \11 Exp 12/31/08 —OF CAL vF Page I of I O.110851140RSIOOIdrm�anprtrvr�byLlt ••rger1851_F'AC4TI0Kdoc 000007 EXHIBfT 'B' J.yN893.001 PAI? 2 LLA 98-05 Z NO 489843, OR r LOT 3 MB 9-432 r---------------_. � r / VACATIONAREA 6,500 SF LOT 5 MB 9-432 Q p/O --- o/ a— — — — — - - - PARCEL ";4'~ � o r 'o PAC£L MERGER 04-01 o r o LNST NO. 2005-0655734 W REC. 811212005 O.R. °q S / 65' r----.. ----- - --�-'/ �--- 13• r LOT 6 ME 9-432 C�1 r C64 i SW COR LOT 6, � @LOCK >T, MS 9/432 �SB9'5000"E LOT 7 _ 67 13.00' MB 9/432 Ok)"L, 01,/�, (IWI-7 ANGELA E. OORF- 0 DATE.- LS 8010 EXP. 12-31--06 s CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT VACATION OF RIGHT—OF—WAY LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHEAST ONE-OUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTIONS 15. TOWNSHIP 4 SOUTH, RANCE 4 EAST. SAN 9ERNARDINO MERIDIAN 1 SCALE. • 1"=100" I4 -AND ao�GF� N0. 8010 Exp. 12/31/08 OF CP,\- APPROVED: ✓N.• 4085100 �. O '//j ASSISTANT DIRECTOR OF PUB41C WORKS/ P.L.S. ASSISTANT CITY ENGINEER DESICN 9Yc SCALE: FILE NO.: ; T.J.H. 1" = 200' R-06-047 CHECKED 6Y: W.O. IY SHEET NO.: A.E.D. 1 OF 1 000008