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Home My WebLink AboutCC RES 07-06RESOLUTION NO. 07-6 RECORDING 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 iM DOC # 2007-0108328 02/15/2007 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111111111111111111111111111111 R U PAGE y SIZE DA MISC LONG RFD 465 426 PCOR NCOR SMF NCHG A L COPY 1 EXAM 030 1 VacatingExcess Public UtilityEasement M oso Adjoining Paseo Bravo in the Spanish Walk Project, Tract No. 33837-1 Under Provisions of Division 9, Chapter 4 of the Streets & Highways Code of the State of California RESOLUTION NO. 07-6 (Title of Document) ATTEST: RESOLUTION NO. 07-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING PASEO BRAVO IN THE SPANISH WALK PROJECT, TRACT NO. 33837-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the subject vacation is made pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that the easement described in Exhibits "A" and "B", attached hereto and made a part of, is in excess and is unnecessary for present or prospective public purposes and that there are no in -place public utility facilities within the described area; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: I . That the portion of public utility easement located along Paseo Bravo in the Spanish Walk project, Tract No. 33837-1, be vacated as described and as set forth in Exhibits "A" and "B" attached hereto; and 11. That 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; and That from and after the date this resolution is recorded, the subject portion of public utility easement will no longer constitute a public service easement. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 25th day of January 2007, by the following vote, to wit: AYES: BENSON, FINERTY, SPIEGEL, and KELLY NOES: NONE . ABSENT: FERGUSON j! :e41/"L-7 ABSTAIN: NONE VI = ENSON, OR PRO-TEMPORE L t(/' EACH DOCUMENT TO WHICH THIS CERTIFICATE I3 ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND ON RECORD IN • OFFICE. RACHELLE D. KLASSE ,CITY CLERK Dated- CITY OF PALM DESERT, CALIFORNIA SEN, City Clerk Califibrnia RESOLUTION NO. 07-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING PASEO BRAVO IN THE SPANISH WALK PROJECT, TRACT NO. 33837-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the subject vacation is made pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that the easement described in Exhibits "A" and "B", attached hereto and made a part of, is in excess and is unnecessary for present or prospective public purposes and that there are no in -place public utility facilities within the described area; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: That the portion of public utility easement located along Paseo Bravo in the Spanish Walk project, Tract No. 33837-1, be vacated as described and as set forth in Exhibits "A" and "B" attached hereto; and II. That 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; and That from and after the date this resolution is recorded, the subject portion of public utility easement will no longer constitute a public service easement. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 25th day of January 2007, by the following vote, to wit: AYES: BENSON, FINERTY, SPIEGEL , and KELLY NOES: NONE ABSENT: FERGUSON 41/144d4LV ABSTAIN: NONEyJ AM : ENSOPRO-TEMPORE ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" RESOLUTION NO. 07-6 A PORTION OF THE PUBLIC UTILITY EASEMENT OVER AND ACROSS LOT 1 AS SHOWN ON TRACT MAP NO. 33837-1 ON FILE IN MAP BOOK 402 OF MAPS, PAGES 4 THROUGH 8, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 58°51'51" EAST 52.43 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1 TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1.50 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 23°29'37" WEST, ALSO BEING THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 0.81 FEET THROUGH A CENTRAL ANGLE OF 31°02'25"; THENCE NORTH 35°27'57" EAST 9.27 FEET; THENCE SOUTH 58°51'51" EAST 51.15 FEET; THENCE SOUTH 35°27'57" WEST 10.79 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 2.36 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 54°32'03" WEST 11.40 FEET TO A POINT ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11.50 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 62°01'44" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 1.50 FEET THROUGH A CENTRAL ANGLE OF 07°29'41"; THENCE NORTH 58°51'51" WEST 41.33 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 531 FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ared under the supervision of: Date: 1 1 (b (07 gel E. Dorf, P.L.S. #8010 Expires 12/31/08 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 Palm Desert, CA 92260 (760) 346-9844 0:140971140971001drawingslsurvey\ESMT\VACATION LEGAL.doc Page 1 of 1 PARCEL ''1 11 O p 531 SF a CS k 8 :h oi VII\ \\\S56"\5I '51"E 51.15' 558'51'517' 52.43' N58' 5151 W 41.33 \ R=11.50' ---'''_ - - - - - N54:3203"W- ---_ d=0729 4," 1 11.40' - t=1�i�EiRJ 07 F'ASEO BRAVO City of Palm Desert ArcIMS Map Output TRACT NO. 33837-1 Page 1 of 1 htto://10.20.2.35/servlet/com.esri.esriman.F.sriman?ServiceName=C.itvOvervi ew&r.ClientV .. 4/1 2/2006