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Home My WebLink AboutCC RES 2013-34RECORDING 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 N C_V a_ FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE S R M A L DOC # 2013-0319847 07/02/2013 10:41A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor County C erk & Recorder IIW IIIUI llI II 1111111 I IfflhI III llI IIi PAGE c 465 SIZE DA MISC NCOR 426 PCOR IT: Vacating Excess Public Utility Easement And Vehicular Access Easement Over a Portion of Lot "A" Summit Cove, Tract No. 28575-3, In the Canyons at Bighorn RESOLUTION NO. 2013-34 (RCE Consultants, Inc., Applicant) (Title of Document) 1 RESOLUTION NO. 2013- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT AND THE EMERGENCY VEHICULAR ACCESS EASEMENT OVER A PORTION OF LOT "A", SUMMIT COVE, TRACT NO. 28575-3, IN CANYONS AT BIGHORN, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE 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 easements described in Exhibits "A" and "B", attached hereto and made a part hereof, are in excess and are unnecessary for present or prospective public purposes and that there are no in -place public utility facilities within the described area that don't already have other easements for those facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: Section 1: That the public utility easement and the emergency vehicular access easement located over a portion of Lot "A", Summit Cove, Tract No. 28575-3, be vacated as described and as set forth in Exhibits "A" and "B", attached hereto; and Section 2: 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 Section 3: That from and after the date this resolution is recorded, the subject portion of public utility easement and emergency vehicular access easement will no longer constitute public service easements. RESOLUTION NO. 2013- 34 PASSED, APPROVED, AND ADOPTED this 13th day of June, 2013, by the following vote, to wit: AYES: BENSON, SPIEGEL, TANNER, WEBER, and BARNIR NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA HELLE D. KL SE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA f ( + C./, ( JAN C. HARNIK, MAYOR EACH DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND ON RECORD IN • FFICE. Dated `: .ti.� . � f .0-e7 ELLE D. KLASSEN, City Clerk City o PaJpq De rt, California 1 1 Page 1 of 1 RESOLUTION NO. 2013-34 MARCH 20, 2013 N: 03603.04 EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED VACATAION OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY EASEMENTS THAT PORTION OF LOT A, ALSO KNOWN AS SUMMIT COVE, A PRIVATE STREET, IN TRACT NO. 28575-3, IN THE CITY OF PALM DESERT, COUNTY RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 300, PAGES 5 THROUGH 13, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT "A"; THENCE ALONG THE EASTERLY AND SOUTHWESTERLY LINES OF SAID LOT "A" THROUGH THE FOLLOWING THREE COURSES: 1) SOUTH 25°41'27" WEST 40.00 FEET; 2) THENCE NORTH 64°18'33" WEST 87.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 10.00 FEET; 3) THENCE WESTERLY ALONG SAID CURVE 2.26 FEET THROUGH A CENTRAL ANGLE OF 12°56'39"; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID LOT "A", NORTH 251'27" EAST 40.72 FEET TO THE NORTHEASTERLY LINE OF LOT "A" AND THE POINT OF EGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 43°12'31" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND NORTHEASTERLY LINE OF LOT "A", 3.06 FEET THROUGH A CENTRAL ANGLE OF 17°31'04' ; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 64°18'33" EAST 87.10 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,605 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENT OF RECORD, IF ANY. 611,1. • WILLIAM E. S OV$ DATE P.L.S. NO. 4 5 REG. EXP: 0 •/30//13 F:VOB\2012\03603\XSurvey\Legal Descriptions LEGAL-VAC-PUE-Lot-A.doc RESOLUTION NO. 2013-34 EXHIBIT 'B' SHEET 1 OF 1 PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBUC UTILITY EASEMENTS 4,3 . �1p ?0'4,, z�s 00' d 8?' ► Rz2J0 -L 3>• RykgTF ST Uj],l RF4) 41121 4.07. o. ry .p3A�\ `Jo 7'44"/1 4 08, SCALE: 1 "=40' �4,'`iQso LOT 5 IS �/ 6pOs / 4,Ir.4 ) •00'Iv 20' '� 10' IL O LOT 6 POB Cl A=17'31'04" R=10.00' L=3.06' C2 A=12.56'39" R=10.00' L=2.26' LEGEND V / / / / / I PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBUC UTILITY EASEMENTS WILUAM P.L.S. N REG. EXP: PENCO ENGINEERING, INC. Civil Engineering Planning Surveying 16842 VON KARMAN AVE SUTE 150 RMNE. CA 92606 (949) 753-8m 0410.101 DATE 30/13 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION BIGHORN PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY EASEMENTS SCALE: AS -SHOWN DRAWN BY: REP CHECKED BY: WES DATE: 03/20/13 JOB No. 03603.04 1 0 0 J I L 0 a a J 3 V) X N N 0 RESOLUTION NO. 2013- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT AND THE EMERGENCY VEHICULAR ACCESS EASEMENT OVER A PORTION OF LOT "A", SUMMIT COVE, TRACT NO. 28575-3, IN CANYONS AT BIGHORN, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE 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 easements described in Exhibits "A" and "B", attached hereto and made a part hereof, are in excess and are unnecessary for present or prospective public purposes and that there are no in -place public utility facilities within the described area that don't already have other easements for those facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: Section 1: That the public utility easement and the emergency vehicular access easement located over a portion of Lot "A", Summit Cove, Tract No. 28575-3, be vacated as described and as set forth in Exhibits "A" and "B", attached hereto; and Section 2: 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 Section 3: That from and after the date this resolution is recorded, the subject portion of public utility easement and emergency vehicular access easement will no longer constitute public service easements. RESOLUTION NO. 2013- 34 PASSED, APPROVED, AND ADOPTED this 13th day of June, 2013, by the following vote, to wit: ...i AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIR NOES: NONE ABSENT: NONE ABSTAIN: NONE J/N C. HAWN , MAYOR ATTEST: RA HELLE D. KL • SE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA .r Page 1 of 1 RESOLUTION NO. 2013-34 MARCH 20, 2013 N: 03603.04 EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED VACATI N OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY EASEMENTS THAT PORTION OF LOT A, ALSO KNOWN AS SUMMIT COVE, A PRIVATE STREET, IN TRACT NO. 28575-3, IN THE CITY OF PALM DESERT, COUNTY RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 300, PAGES 5 THROUGH 13, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT "A"; THENCE ALONG THE EASTERLY AND SOUTHWESTERLY LINES OF SAID LOT "A" THROUGH THE FOLLOWING THREE COURSES: 1) SOUTH 25°41'27" WEST 40.00 FEET; 2) THENCE NORTH 64°18'33" WEST 87.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 10.00 FEET; 3) THENCE WESTERLY ALONG SAID CURVE 2.26 FEET THROUGH A CENTRAL ANGLE OF 12°56'39"; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID LOT "A", NORTH 25°31'27" EAST 40.72 FEET TO THE NORTHEASTERLY LINE OF LOT "A" AND THE POINT OF BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 10.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 43°12'31" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND NORTHEASTERLY LINE OF LOT "A", 3.06 FEET THROUGH A CENTRAL ANGLE OF 17°31'04"; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 64°18'33" EAST 87.10 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,605 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENT OF RECORD, IF ANY. 0410144 WILLIAM E. S O DATE P.L.S. NO. 4 REG. EXP: 0'/30/ 3 F:U OB\2012\03603\X S urvey\ Legal Descri ptions\LE G A L-V AC-P U E-Lot-A. doc RESOLUTION NO. 2013-34 EXHIBIT'Bs SHEET 1 OF 1 PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTU Y EASEMENTS ?", R_30 .L _3i. k96"Lt 4.4-411i1 4. Rat000 £ •«0.p •sp• SCALE: 1 "=40' 407. O ,s'VoLOT5 LOT 6 LEGEND V / / / / / J PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY EASEMENTS P0B C1 A=1T31'04" R=10.00' L=3.06' C2 A=12'56'39" R=10.00' L=2.26' e406h3 WILUAM E%SNt1W DATE P.L.S. N REG. EXP: 09 30/13 PENCO ENGINEERING, INC. Civil Engineering b842 VON KARMAN AVE Planning SURE 150 Surveying 1;ME CA 92606 (949) 753--8111 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION BIGHORN PROPOSED VACATION OF EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY EASEMENTS LANO 3 WINES 1 C SEPT. 30, 2033 No. 4725 SCALE: AS -SHOWN DRAWN BY: REP CHECKED BY: WES DATE: 03/20/13 JOB No. 03603.04 r ■r 0 J I i 0 a I yup tool I U 0 0 T. U of 0 d -J 01 3 V) X N 0