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Home My WebLink AboutCC RES 89-123RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE 2022-0199043 04/28/2022 08:21 AM Fee: $ 0.00 Page 1 of 3 Recorded in official Records County of Riverside Rssessor-County Clerk -Recorder (This Space for Recorder's Use Only) 309 Vacating Excess Public Utility Easement Within Lot 33 of Shadow Mountain Park Estates Unit No. 1 Resolution No. 89-123 (Passed, Approved, and Adopted October 12, 1989) (Title of Document) � V< r N CV CpU F G- cia XW rd o RESOLUTION NO. 89-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PUBLIC UTILITY EASEMENT IN SAID CITY UNDER THE PROVISIONS OF PART 3, DIVISION 9; OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council initiated proceedings to vacate a Public Utility Easement in the City of Palm Desert, more particularly described in Exhibit "A", attached hereto, and the City Council finds that said notices of such vacation were published and posted, as required by law; and WHEREAS, the City Council on the 12th day of October, 1989, held a public hearing, as required by law, at which hearing all persons interested in or objecting to the proposed vacation were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that they public utility easement more particularly described in Exhibit "A", attached hereto and made a part of, are unnecessary for present or prospective publicize.. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: I That the following described public utility easement in the City of Palm Desert be vacated. Said public utility easement to be vacated is located in the City of Palm Desert, County of Riverside, State of California, and is described as set forth in Exhibit "A" attached hereto. II The City Clerk of the City of Palm Desert, California, shall cause a certified copy of this resolution and order to be recorded in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 1,Lhday of October , 1989, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER, WILSON NOES: NONE / ABSENT: NONE ABSTAIN: NONE ATTEST: 1 j SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA WILSON, MAY PALM DESEKT, CALIFORNIA EACH DOMwwTO wHicH THIS CERTIFICATE TS ATTACHED IS CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY OFTHE ORIGINAL ON FILE AND ON , REG= IN MY OFFICE. City of Palm Desalt, Califomia RESOLUTION NO. 89-123 .- E X H I B I T "A" PUBLIC UTILITY EASEMENT ABANDONMENT (P.U.E.) LEGAL DESCRIPTION That portion of Lot 33 of Shadow Mountain Park Estates Unit No. 1, as per Map recorded In Book 28, Pages 18 and 19 of Maps,. In the Office of the County Recorder of Riverside County, State of California, more particularly described as being 5.0 feet In width defined by the following centerline: Beginning .at the Northeast corner of said Lot 33; Thence, South 89 44'35" West a distance 94.60 feet: Thence, South 0 15'25" East a distance 5.0 feet, to the TRUE POINT OF BEGINNING. Thence, South 0 15'25" East a distance of 90.00 feet, to a point on the Southerly property line of said Lot 33. .J PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the DESERT POST ........................................ .............................................. :..... a newspaper of general circulation, printed and published ... ;WEEKLY ................ in the City of ...PALM D..ESERT................... County of Riverside, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under the dateof.l0/5, 1964.1 Case Number ..$3.65.$......; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 9/20 .................................................... all in the year 19.59.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ..... PALM DESERT ................................. California,this.�dayof.SEPT.19$9 iSignature Free copies of this blank form maybe secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 `west Second St., Los Angeles, Calif. 90012 .. Telephone: (213) 625-2541 Please request OE N E RAL Proof of Publication when orderinq this form. �?I This space is for the County Clerk's Filing Stamp CITY OF PALM DESERT Proof of Publication of RESOLUTION N0. 89-108 PROCEEDINGS TO VACATE A PUBLIC UnLITY EASEMENT OVER.A PORTION -OF LOT 33, -- MB 28118.19 UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAY CODE.AND FIXING ATIME AND PLACE FOR kfmn That it intends to, and by this resolution does, initiate proceedings under the provisions of Part 3, Division 9, of the Streets and Highways Code, to vacate a public utility easement war portion of Lot 33, MB 28118-.19,in the City of Palm Desert, California, _more. particularly described in Exhibit 'A*, attached hereto. B That the hour of 7:00 p.m. on the 12th day of October. 1989, in the Council Chamber, 73-510 Fred Waring Drive, Palm Desert; Califor- nia; is hereby fixed as the time and place of hearing all persons interested in or objecting to the proposed vacation of said street. III That the City Clerk is hereby instructed to publish notice of said hearing 'In'the Palm'Desert Post once at least ton (10) days before the date of the hearing, and the City: officials of the City of Palm Desert are hereby instructed to post notice of such vacation, as required, by law, at least tan (10) days before the day set for hearing. PASSED, APPROVED, and. ADOPTED_ by the City council of the .City of Palm Desert, California, on. this 14th day of September, 1989. by the following vote, to wit. AYES: BENSON, CRITES,'KELLY, SNYDER. WILSON NOES:,NONE ABSENT: NONE ABSTAIN: NONE S., Roy WILSON. MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: -- SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ABANDONMENT portion of Lot 33 of Shadow Mountain Park Estates Unit No. 1, it Map recorded in Book 28, Pages 18 and 19 of Maps, in the. > of the County Recorder of Riverside County, State .of nnla. more particularly described as being 5.0 feet in width 44'35"West a distance 94.60 feet, Thence, South 0 15-25' Last a distance 5.0 feet, to the TRUE POINT OF BEGINNING. Thence, South 0 15'25' East a distance of 90.00 feet, to a pointon the southerly property lim of said Lot 33. t 1 (K oMw oq Palo Din 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346.0611 September 15, 1989 Germain Development Co., Inc. 74-900 Highway 111, Suite 223 Indian Wells, CA 92210 Gentlemen: Subject: Request for Vacation of a Public Utilitv Ease- R,rep At its regular meeting of September 14, 1989, the Palm Desert City Council adopted Resolution No. 89-108, setting a public hearing to consider the subject street vacation. Enclosed for your records is a fully -executed copy of the aforementioned resolution, which sets the public hearing for 7:00 p.m. on Thursday, October 12, 1989. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, SHEILA R. GILLIGAN CITY CLERK/PUBLIC INFORMATION OFFICER SRG/sj Enclosure (as noted) cc: Public Works Department INTEROFFICE MEMORANDUM TO: City Manager and City Council FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: REQUEST FOR VACATION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 33 OF SHADOW MOUNTAIN PARR ESTATES UNIT NO. 1 DATE: October 12, 1989 Waive further reading and adopt Resolution No. vacating the subject public utility easement. BACKGROUND' On August 27, 1989, the attached request for the abandonment of an unused public utility easement was received from the property owner, Germain Development Company, Inc. The applicant wishes to construct a residence on the subject lot and the existing public utility easement would be within the structure. The lot is located on the north side of Shadow Lake Drive, just east of San Luis Rey Avenue. The subject easement was dedicated for public use on the Shadow Mountain Park Estates Unit No. 1 tract map and accepted by Riverside County on December 14, 1954. According to the applicant, no utilities exist within the easement and no other easements of record exist over the subject area. The Public Works staff requested of the various public utilities letters of non-interference/non- objection to the proposed easement abandonment, and we have received no responses as of the date of the public hearing. This matter has been discussed with the City Attorney and it was determined that the procedures required under Division 9, Part 3 of the Streets and Highways Code would be the appropriate action. Since staff has received no indication of objection to the proposed action and since the easement is not necessary for present or prospective public use, staff recommends that the attached resolution vacating the subject public utility easement be adopted. RI ARD J. F CERS, P.E. RJF:JSG/lw APPLICANT: GERNAIN DEVELOPMENT CO., INC. 74-900 Highway 111, Suite 223 Indian Wells, CA 92210 . (q CITY COIRECEMEKWDOIJONCUR APPROVEIQITY, NAGER DENIED RECEIVED _ O1ciER GERMAIN DEVELOPMENT COMPANY, INC, 74-900 Highway 111, Suite 223, Indian Wells, CA 92240 (619) 346-7478, (619) 346-3289 August 21, 1989 City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Mr. Joe Gaugish RECIEWEED AUG 2 2 1989 PUBLIC WORKS DEPA�+YMENT . CITY OF PALM DL;-ERT Re: 5' Public Utility Easement over portion of Lot 33, Shadow Mountain Park Estates Unit No.. 1, M.B. 28/18, 19. Dear Mr. Gaugish: Enclosed please find a sketch showing the above referenced Public Utility Easement portion. Also enclosed is a copy of Title Report by Stewart Title Co. number CNJP-1581-8452, dated August 7, 1989, covering the subject parcel of land containing said easement. In as much as said Title Report indicates the non-existence of any other overlying easement of record and contact with Dig -alert indi- cates the non-existence of any utilities within said easement, and in as much as said easement exists solely by the above mentioned Shadow Mountain Park Estates Unit No. 1 tract map, we respectfully request you to proceed with abandonment proceedings on behalf of the City of Palm Desert for that portion of the 5' P.U.E. indicated on the enclosed sketch. We anticipate construction commencement upon the subject property at the earliest possible moment and will sincerely appreciate your expe- dition of this request. Should you require anything further of us, please advise. DRG/sk Enc. INTEROFFICE MEMORANDUM TO: City Council and City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: REQUEST FOR VACATION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 33 OF SHADOW MOUNTAIN PARK ESTATES UNIT NO. I DATE: September 14, 1989 Waive further reading and adopt Resolution No. hearing to -consider the vacation request. BACKGROUND: 89-108 setting a public On August 27, 1989, the attached request for the abandonment of an unused public utility easement was received from the property owner, Germain Development Company, Inc. The applicant wishes to construct a residence on the subject lot and the existing public utility easement would be within the structure. The lot is located on the north side of Shadow Lake Drive, just east of San Luis Rey Avenue. The subject easement was dedicated for public use on the Shadow Mountain Park Estates Unit No. 1 tract map and accepted by Riverside County on December 14, 1954. According to the applicant, no utilities exist within the easement and no other easements of record exist over the subject area. The Public Works staff has requested of the various public utilities letters of non-interference/non- objection to the proposed easement abandonment, and we expect responses prior to the date of the public hearing. This matter has been discussed with the City Attorney and it was determined that the procedures required under Division 9, Part 3 of the Streets and Highways Code would be the appropriate action; therefore, staff recommends that the attached resolution setting a public hearing for October 12, 1989, to consider this request be adopted. N �� ITY COUZ; RJF:JSG/ms APPROVED RECEIVED APPLICANT: GERMAIN DEVELOPMENT CO., INC. 74-900 Highway 111, Suite 223 Indian Wells, CA 92210- C� OTHE MEETING�j DAT'P: _ 9 I AYES:-f,1.c�n_.a-yw-�p-'_N`_- WOE$ • �,..n._c� ___ -- _- ABSENT: ,� _ ABSTAIDI: VERIFI?'sD-� —' -- Original on File t1: City Clerk's 0._iic 0 RESOLUTION N0. 89'123 A RESOLUTION OF THE CITY COUNCIL OF T$E CITY OF PALM DBSERT, CALIFORHIA, VACATING A PUBLIC UTILITY EASEMBNT IN SAID CITY UNDER THTs PROVISIONS O1� PART 3, DIVISION 9, OF THB STREETS AND AIGHiiAYS CODS OF TxE STATE OF CALIFORHIA. WHEREAS, the City Council initiated proceedinqs to vacate a Public Utility Easement in the City of Palm Desert, more particularly described in Exhibit "A", attached hereto, and the City Council finds that said notices of such vacation were published and posted, as required by law; and WHEREAS, the City Council on the 12th day of October, 1989, held a public hearing, as required by law, at which hearinq all persons interested in or objectinq to the proposed vacation were heard, and said public hearinq was duly and reqularly closed; and i1HEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that they public utility easement more particularly described in Exhibit "A", attached hereto and made a part of, are unnecessary for present or prospective publicize. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HERE$Y RESOLVE AS FOLLOWS: I That the followinq described public utility easement in the City of Palm Desert be vacated. Said public utility easement to be vacated is located in the City of Palm Desert, County of Riverside, State of California, and is described as set forth in Exhibit "A" attached hereto. II The City Clerk of the City of Palm Desert, California, shall cause a certified copy of this resolution and order to be recorded in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 12thday of 0 c tob er , 1989, by the following vote, to Wit: AYES: BENSON, CRITE$, KELLY, SNYDER, WILSON NOES : NONE ABSENT: NONE � ABSTAIN: NONE Y AILSON, MAY OF PALM DES T, CALIFORNIA �1TTEST: � j ! ' � � , � � i /' _` . ��G� � _ ��,�,�,_ �_; �� ,.� SHEILA R. GILLIGAN, C Y CLERK CITY OF PALM DESERT, CALIFORNIA �. • r E X H I B I T "A" r� �_ PUBLIC UTIL[TY EASEMENT ABANDONMENT (P.U.E.) LEGAL DESCRIPTION That portion of Lot 33 of Shadow Mountain Park Estetes Unit No. 1, as per Map recorded tn Book 28� Pages l8 and 19 of Maps, 1n the Office of the County Recorder of Riverside County, State of Californta, more parttcularly described as being 5.0 feet I� width defined by the following centerl{ne: Beginning at the Northeast corner of seld Lot 33; Thence, South 89 44'35" West a dlstance 94.60 feet; Thence, South 0 15'25" Eest a distance 5.0 feet, to the TRUE PO1NT OF BEG1NNiNG. Thence, South 0 15'25" East a distance of 90.00 feet, to a point on the Southerly property line of said Lot 33. k .` � 0