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HomeMy WebLinkAbout7/21/1999 - STAFF REPORTS (22) DATE: July 21, 1999 TO: City Council FROM: City Engineer VACATION OF A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE STREET NAMED SOUTH PALM CANYON DRIVE SOUTH OF ARENAS ROAD IN SECTION 15, T. 4 S.,R. 4 E. RECOMMENDATION: That the City Council adopt aResolution ofIntention to Vacate a portion ofthe right- of-way dedicated for the street named South Palm Canyon Drive as requested by the adjoining property owners and schedule a Public Hearing for September 1, 1999,for the said vacation ofright-of-way,under the provision ofthe Public Streets,Highways, and Service Easements Vacation Law of the State of California. BACKGROUND: The right-of-way for the subject portion of South Palm Canyon Drive was dedicated to the City of Palm Springs on July 25, 1963,via a Grant Deed,recorded September 20, 1963,document no. 99435. The total width of the right-of-way dedicated to the City is ninety(90)feet. The property owners adjacent to this portion of South Palm Canyon Drive have submitted a written request for the right-of-way vacation of the easterly ten(10)feet of South Palm Canyon Drive lying along the frontage of their property. South Palm Canyon Drive would have a total right-of-way width of eighty (80) feet if the proposed right-of-way vacation is approved. This portion of South Palm Canyon Drive is designated by the General Plan as a Secondary Thoroughfare with a required right-of-way width of eighty(80)feet. The existing right-of-way width currently exceeds this requirement. The property owners are requesting the rigbt-of-way vacation as required by the conditions of approval for Muriel's Restaurant, Case 5.0797-CUP/6.425-VAR, approved by the Planning Commission at its October 28, 1999 meeting. If the City Council desires to approve the proposed right-of-way vacation, it is recommended that the attached Resolution of Intention be adopted scheduling a Public Hearing for the proposed right-of-way vacation for September 1, 1999. The request submitted by the petitioners for the proposed right-of-way vacation is on file in the City Clerk's Office. APPROVED iOJIW_� DAVID J.BARAKIAN City Engineer ']# APPROVED: av# City ager ATTACHMENTS: 1. Resolution 2. Description Exhibit"A" 3. Map Exhibit"B" Exmmrr KA" 'a• LEGAL DESCRIPTION PALM CANYON DRIVE: (RIGHT OF WAY VACATION) IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE WESTERLY 10.00 FEET OF LOTS 1 AND 2 IN BLOCK 28 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9, PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89°5222- EAST, A DISTANCE OF 10.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET EASTERLY OF THE WESTERLY LINES OF SAID LOTS 1 AND 2; THENCE NORTH 00005"Ir WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 87.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 13.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 1; THENCE SOUTH 89052'22' WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 1.40 FEET; THENCE SOUTH 4465T32-WEST, A DISTANCE OF 12.17 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 00°061T EAST ALONG THE WESTERLY LINES OF SAID LOTS 1 AND 2, A DISTANCE OF 78.40 FEET TO THE POINT OF BEGINNING. LAND F Sl,�l M 5476 FOF Cp1.\�O r' EXHIBTT"B" ARENAS ROAD � - -cn - —cn - —cn- T I N � m r — — N 8— — 22'E— — — 1.4 N 0' -4 IREEC. 9 20-636 N 44.53'32'E 12.17' A i cc) r--- 40' / LOT 9 !0. AREA TO BE O VACATED � / m a�0 BLOCK W Q h HS 9((1 *2 Com ae `Vs V G Z LOT 2 Z EXI E I PST/N ER INS 10 NO. 9435. C) REC.9920--63cn LAU�M P.O.B. SW COR. .00' 40 0 LOT 2 �1. 40' N 89052'22'E NO. 5476 SCALE: 1' 20' CITY OF PALM SPRINGS REAL PROPERTY DIVISION EXHIBIT 'A' APPROVED B RIGHT OF WAY VACATION FOR A PORTION OF PALM CANYON DRIVE OEUGN Sr WAM ND. s. lam PORTION OF THE N. 1/2 OF THE S.E. 1/4. 1•-20' FILE OF SECTION 0. T.4 S.. R.4 E.. S.B.M. Fmacm,or Im. Im. 0: RESOLUTION NO. 19623 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,DECLARINGITS INTENTION TO VACATE ITS RIGHT,TITLE AND INTERESTS IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THAT STREET KNOWN AS SOUTH PALM CANYON DRIVE LYING SOUTH OF ARENAS ROAD IN SECTION 15, T. 4 S.,R. 4 E. WHEREAS, the City Council of the City of Palm Springs, California, is authorized by the Public Streets, Highways and Service Easements Vacation law, Part 3, Division 9 of the Streets and Highways Code of the State of California, to vacate and close to public use streets, or parts of streets, within the limits of the said City; and WHEREAS,the City council intends to vacate and close to public use a portion of the right- of-way dedicated for that street named South Palm Canyon Drive lying south ofArenas Road in the said Section 15,a street within the City ofPalm Springs,County of Riverside, State of California. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That the City Council does hereby signify and declare its intention to vacate the easterly ten(10)feet of the right-of-way dedicated for the street named South Palm Canyon Drive lying eight-seven (87)feet southerly of Arenas Road,in said City, as described in Exhibit A and shown on Exhibit B attached hereto and made a part hereof. Section 2. That the City Engineer ofthe said City is to hereby conspicuously post along the line of that part of South Palm Canyon Drive proposed to be vacated at not more than 300 foot intervals, but not less than 3 in all on said portion of street, notices of street vacation. Such notices shall state passage of the Resolution of Intention, the time and place of hearing all persons interested in, or objecting to, the proposed vacation. Section 3. On the 1" day of September 1999, at the hour of 7:00 p.m. on said date,in the City Council Chambers at 3200 E.Tahquitz Canyon Way, Palm Springs, California, being, and the same is hereby, fixed as the time and place for the said proposed street vacation, said time being not less than 15 days from the date of adoption of this Resolution. Section 4. That the City Clerk be,and hereby is,directed to cause this Resolution of Intention to be published in a manner prescribed by law for the publication of ordinances of said City. ADOPTED this 21st day of July 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: R-99-003