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HomeMy WebLinkAboutCC RES 08-013RESOLUTION NO. 08-13 DOC # 2008-0122077 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 S R U M A L 03/12/2008 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PAGE SIZE LT 465 426 DA PCOR IT: MISC LONG RFD COPY NCOR SMF \NCHA EXAM CTY UNI Vacating Excess Public Utility Easement Adjoining Southridge Trail in the Stone Eagle Project, Tract No. 30438-3 Under Provisions of Division 9, Part 3, Chapter 4 of the Streets & Highways Code of the State of California RESOLUTION NO. 08-13 (Stone Eagle, Applicant) (Title of Document) RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING SOUTHRIDGE TRAIL IN THE STONE EAGLE PROJECT, TRACT NO. 30438-3 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 Southridge Trail in the Stone Eagle project, Tract No. 30438-3, 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 III. 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 28th day of February 2008, by the following vote, to wit: AYES: FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: FERGUSON ATTEST: RAGHELLE D. KLASSEN, CITY CLERIC CITY OF PALM DESERT, CALIFORNIA Yala IS CERTIFICATE IS ATTACHED. IS CERTIFIED TO BE A FULL. TRUE AND CORRECT COPY OF THE ORIGINALON FILE AND ON RECORD IN MY OF Detect &` ,...,ci'004g PACHELLE D. KLASSEN, Oty Cleric RESOLUTION NO. 08-13 PARCEL "A" EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE PUBLIC UTILITY EASEMENT OVER AND ACROSS LOTS 5 AND 6 AS SHOWN ON TRACT MAP NO. 30438-3 IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 396 OF MAPS, PAGES 90 THROUGH 92, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY COMMON CORNER OF SAID LOTS 5 AND 6; THENCE SOUTH 31 °33' 19" WEST 9.58 FEET ALONG THE COMMON LINE OF SAID LOTS 5 AND 6 TO THE POINT OF BEGINNING; THENCE SOUTH 58°26'41" EAST 34.00 FEET; THENCE SOUTH 31 °33' 19" WEST 60.42 FEET; THENCE NORTH 58°26'41" WEST 10.00 FEET TO A POINT ON THE RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL, AS SHOWN ON SAID MAP; THE FOLLOWING THREE (3) COURSES ARE ALONG SAID RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL: THENCE NORTH 31 °33' 19" EAST 50.42 FEET; THENCE NORTH 58°26'41" WEST 24.00 FEET; THENCE SOUTH 31°33'19" WEST 47.58 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 58°26'41" WEST 10.00 FEET; THENCE NORTH 31°33'19" EAST 57.58 FEET; THENCE SOUTH 58°26'41" EAST 10.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 1420 FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ed under the supervision of: Date: v { )00i Angela E.(Dorf, P.L.S. #801 Expires 12/31/08 STANTEC CONSULTING 1 r�Q r Suite 100 / 11;iP. .1,1;1! !'1,s+'Yy Patin 7e rti;.CA . - •4 0:140786140786001surve1'VACA i ION ',Lit Lt y\ SuAL.dac .tf " i,171I?,MI Page 1 of 1 t3t,t d „':. tail'« 1 irk /113 RESOLUTION NO. 08-13 EXHIBIT "B" • • • • 6 PARCEL A" 1420 SF ^. • • • • • • PREPARED UNDER THE SU.2ER1/ISION OF: a.xa. ANGELA F. DORF, P.L.S.010 DATE SHEET 1 OF 1 TRACT MAP NO. 30438-3 MB 396/90-92 SCALE: 1" = 20* JN. 40786.00 41) STANTEC CONSULTING INC. 73-733 FRED WARING DRIVE SUITE 100 PALM DESERT, CA 92260 Staittec 760.346.9844 stanteccom RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING SOUTHRIDGE TRAIL IN THE STONE EAGLE PROJECT, TRACT NO. 30438-3 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 Paim Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: I . That the portion of public utility easement located along Southridge Trail in the Stone Eagle project, Tract No. 30438-3, 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 Paim 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 III. 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 28th day of February 2008, by the following vote, to wit: AYES: FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: FERGUSON > G J AN-1Q1. BENSON AYOR ATTEST: RA HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 08-13 PARCEL "A" EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE PUBLIC UTILITY EASEMENT OVER AND ACROSS LOTS 5 AND 6 AS SHOWN ON TRACT MAP NO. 30438-3 IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 396 OF MAPS, PAGES 90 THROUGH 92, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY COMMON CORNER OF SAID LOTS 5 AND 6; THENCE SOUTH 31 °33' 19" WEST 9.58 FEET ALONG THE COMMON LINE OF SAID LOTS 5 AND 6 TO THE POINT OF BEGINNING; THENCE SOUTH 58°26'41" EAST 34.00 FEET; THENCE SOUTH 31°33'19" WEST 60.42 FEET; THENCE NORTH 58°26'41" WEST 10.00 FEET TO A POINT ON THE RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL, AS SHOWN ON SAID MAP; THE FOLLOWING THREE (3) COURSES ARE ALONG SAID RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL: THENCE NORTH 31 °33' 19" EAST 50.42 FEET; THENCE NORTH 58°26'41" WEST 24.00 FEET; THENCE SOUTH 31°33'19" WEST 47.58 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 58°26'41" WEST 10.00 FEET; THENCE NORTH 31°33'19" EAST 57.58 FEET; THENCE SOUTH 58°26'41" EAST 10.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 1420 FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ed under the supervision of: Date: ?In )07 Angela EJDorf, P.L.S. #801'' Expires 12/31/08 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 Palm Desert, CA 92260 (760) 346-9844 0:140786\40786001survey\ESMT\VACATION PUE LEGAL.doc Page 1 of 1 RESOLUTION NO. 08-13 EXHIBIT "B" 6 PARCEL A" 1420 SF PREPARED UNDER THE SURERVISION OF ?in la ANGELA " DORF,, P.L.S.010 DATE SHEET 1 OF 1 TRACT MAP NO. 30438-3 MB 396/90-92 AOQ J� 11:00.. .9 5 SCALE: 1" = 20* JN. 40786.00 STANTEC CONSULTING INC. 73-733 FRED WARING DRIVE SUITE 100 PALM DESERT, CA 92260 StailteC 760.346.9844 stantec.com