HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (16) DATE: September 15, 1999
TO: City Council
FROM City Engineer
VACATION OF A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE
STREETS NAMED SUNRISE WAYAND SUNNYDUNES ROAD,IN SECTION24,T.
4 S.,R. 4 E.
RECONSENDATION:
That the City Council adopt aResolutionofIntentionto vacate a portion ofthe right-
of-way dedicated for the streets named Sunrise Way and Sunny Dunes Road as
requested by the adjoining property owners and schedule a Public Hearing for
October20,1999, for the said vacation of right-of-way, under the provision of the
Public Streets, Highways, and Service Easements Vacation Law of the State of
California
BACKGROUND:
The right-of-way for the subject portion of Sunrise Way was dedicated to the City of
Palm Springs on April 2, 1974. The right-of-way for the subject portion of Sunny
Dunes Road was dedicated to the City ofPalm Springs via two separate Grant Deeds
on May 18 and May 28, 1976.
The property owners adjacent to this portion Sunrise Way and Sunny Dunes Road
have requested the proposed right-of-way vacation ofthe easterly twenty-seven(27)
feet of Sunrise Way adjacent to their properties, and that portion of Sunny Dunes
Road between Sunrise Way and theBaristo Wash Storm Channel. The abandonments
of these public streets will facilitate proposed private development of the properties.
Sunrise Way is designated by the General Plan as a Major Thoroughfare, with/a
required right-of-way width of one hundred (100)feet. The adjacent right-of-way
half-width is seventy-seven(77)feet. Sunrise Way would have an easterly right-of-
way half-width of fifty(50)feet if the proposed right-of-way vacation is approved.
The subject portion of Sunny Dunes Road is considered a Local Street,and provides
no direct access to other public streets. The proposed right-of-way vacation is
scheduled to be considered by the City's Planning Commission at its September 22,
1999,meeting, to determine a finding of consistency with the General Plan.
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 Bearing for the proposed right-of-way vacation for October 20, 1999. The
request submitted by the petitioners for the proposed right-of-way vacation is on file
in the City Clerk's Office.
APPROVED
City
APPROVED:
Set'
ATTACHMENTS:
1. Resolution
2. Description Exhibit"A"
3. Map Exhibit'W
t
RESOLUTION NO. 19648
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA,DECLARINGTTS INTENTION
TO VACATE ITS RIGHT,TITLE AND INTERESTS IN A
PORTION OF THE RIGHT-OF-WAY DEDICATED FOR
THOSE STREETS KNOWN AS SUNRISE WAY AND
SUNNY DUNES ROAD IN SECTION 24,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 ofthe right-
of-way dedicated for those streets named Sunrise Way and Sunny Dunes Road in the said
Section 24,streets within the City ofPalm Springs,County of Riverside, State of California.
NOW THEREFORE BE TT 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 twenty-seven(27)feet of that portion of the public street named
Sunrise Way lying between the Baristo Wash Storm Channel and Tahquitz
Creek Stone Channel;and that portion of Sunny Dunes Road lying between
Sunrise Way and the Baristo Wash Storm Channel,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 ofthose parts of Sunrise Way and Surety Dunes Road 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 20°i day of October 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 15th day of September , 1999.
AYES: Members Barnes, Hodges, Oden and Mayor Kleindienst
NOES: None
,eg None
AB�T Member Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:/s/ Patricia A. Sanders /s/ Robert W. Parkins
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
R 99-002
1 HEREBY CBRToFYTHAT THls FOREGOING IS A xR(JE L". Y •.%
W390LU71014 NO �� DULY ADOFTFD hY 7 fib
C7Ty COUNCIL OF THE CTIY OF PAUL ;P N� * IN A M. �•
WMPOP HUD ON TH$.I6+A PAY OPIC4 _-4 t'L.�
-- DATED AT PALM SPRINuS.- CAI +K Q q7 _
! /7
OF PALM aPR1kTM PCALIFORBL4
EXHIBIT"A"
PARCEL1
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 24, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, THENCE
SOUTH 8904545" EAST ALONG THE SOUTHERLY LINE OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF
50.00 FEET TO A POINT LYING 50.00 FEET EASTERLY OF THE WESTERLY
LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER, WHEN
MEASURED AT RIGHT ANGLES, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE NORTH 002149" EAST PARALLEL WITH AND 50.00 FEET
EASTERLY OF SAID WESTERLY LINE A DISTANCE OF 495.79 FEET TO A
POINT LYING ON THE SOUTHWESTERLY LINE OF PARCEL 6020-104 B AS
SHOWN ON RS 57/3-16, RECORDS OF RIVERSIDE COUNTY, CA;
THENCE SOUTH 56014'17" EAST ALONG SAID SOUTHWESTERLY LINE A
DISTANCE OF 32.34 FEET TO A POINT LYING 77.00 FEET EAST OF SAID
WESTERLY LINE, WHEN MEASURED AT RIGHT ANGLES;
THENCE SOUTH 002149" WEST AND PARALLEL WITH SAID WESTERLY
LINE A DISTANCE OF 928.56 FEET TO A POINT LYING ON THE
NORTHERLY LINE OF PARCEL 6060-121 B AS SHOWN ON SAID RS 57/3-16;
THENCE NORTH 89038'13" WEST ALONG SAID NORTHERLY LINE A
DISTANCE OF 27.00 FEET TO A POINT LYING 50.00 FEET EASTERLY OF
SAID WESTERLY LINE;
THENCE NORTH 0021'49" EAST AND PARALLEL WITH SAID WESTERLY
LINE A DISTANCE OF 450.56 FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 0.581 ACRES, MORE OR LESS.
N 55014'17"W
cr 92.34
bi 0 PARCEL 6020-104A
0 RS 57/3-16
a N
0
CC
N
7, R/W Ng EXISTING
SW COR ',y w %'of APN 502-560-004 Ito• R/W TO BE VACATED PER
NW1�4, NW 1/4 a DESERT CHAPEL t�'� SEPERATE DOCUMENT
cu
s . SZ
Z
SUNNY DUNES ft V f N e9845.450W
— —ROAD 50.oo —
s
S a APN 502-560-006
PARING LOT
N �0.
W r '„' p •
X
z SAPN TAR 02-56S00 f
50 °: N 89038'13'W
PARCEL 6060-121B
RS 57/3-16
8 '
� LAND
SCALE NO. 6500 !
1"= 200' ��OF CAS
CITY OF PM-H SPRINGS REAL PROPERTY DIVISION
DEPARTMENT OF COMMUNITYDEVALOPMENT AP ROV BY:
EXHIBIT B CITY EWUW'
RIGHT—OF—WAY VACATION FOR g.rv. i" = 200' 1099
SUNRISE WAY eNOF
IN SEC. 24, T.4 S.. R.4 E., S.B.M. S.J.V. '�,�,! SHEETS
- b
EXHIBIT"A"
PARCEL 1
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 24, TOWNSHIP (SOUTH, RANGE 4 EAST, S.B.M.,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, THENCE SOUTH 89°45'45"
EAST ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER A DISTANCE OF 77.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 8904545" EAST ALONG SAID SOUTHERLY
LINE A DISTANCE OF 780.39 FEET TO SOUTHEASTERLY CORNER OF
PARCEL 6020-104B AS SHOWN ON RS 5713-16. RECORDS OF RIVERSIDE
COUNTY, CA;
THENCE NORTH 56014'157"WEST, ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL 6020-104B A DISTANCE OF 79.67 FEET TO A POINT LYING
44.00 FEET NORTH OF SAID SOUTHERLY LINE WHEN MEASURED AT
RIGHT ANGLES;
THENCE NORTH 8904545"WEST, PARALLEL WITH SAID SOUTHERLY LINE,
A DISTANCE OF 693.83 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 90007'34" AN ARC DISTANCE OF 31.46 FEET TO A
POINT OF CUSP WITH A LINE, SAID POINT OF CUSP LYING 77.00 FEET
EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER WHEN MEASURED AT RIGHT ANGLES;
THENCE SOUTH 0021'49" WEST PARALLEL WITH SAID WESTERLY LINE A
DISTANCE OF 64.04 FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 0.757 ACRES, MORE OR LESS.
R/W TO BE VACATED PER
SEPERATE DOCUMENT
S1Y COR O1 �.� PARCEL 6020-104B
1 4
NlfNW �Jr " RS 57/3-16
. 14 N
'4 6 APN 502-560-004
DESERT CHAPEL PARCEL 6020-103
= RS 57/3-16
N-20.00 a90.07'34'
L-31.46 T- 0.04
N 66'14'17'W
N W 46'46'W 693.63 D. 79.67
SUNNY DUNES
RD 77.00^4 N W46.45•W 790.39 VACATE /W
EXISTING R/W
.P.O.B. TO BE VACATED
APN 502-560-006
M PARKING LOTQE
C.C.
�I
J.
SCALE No. swo
200'
CITY OF PALMSPRINGS REAL PROPERTY DIVISION
DEPARTMENT OF COMMUNITYDRFOPMENT A OVE BY:
EXHIBIT B MIN amirwm
RIGHT—OF—WAY VACATION FOR „ '_ ,
SUNNY DUNES S.J•r. 1 _ 200 E- -10w
TW SEC. 24 T.". R.4E. S.B.M. S.J.V.
SHEETS
.•/b v.P.TTMI rvurnr'r 0114L,V nl WE, .nOn In ..n.•
DESERT CHAPEL
"A WIT-FILLED FELLOWSHIP"
RIB :sv FED
FQ �O SEP 15 1999
PLANNING DIVISIO
September 15, 1999 i3
RECEIVED
0
HAND DELIVERED
Mr.Douglas R. Evans,Director of Planning&Building
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr.Evans:
Pursuant to our conversations with Chris Mills,enclosed please find a conformed copy of a
recorded Chant of Easement from Desert Chapel to Mesquite Country Club Golf Course for
access through Desert Chapel's properly
Please do not hesitate to call if you have any questions.
Very truly yours
a 406
Frank Marshall
Administrator
Cc: Chris Mills,AIA
Steve Van,Mainiero Smith&Associates,Inc.
630 South Sunrise Way • Palm Springs, California 92264 0 Phone (619) 327-2772 • Fax (619) 325-7048
DESERT CHAPEL
"A SPIRIFFILLED FELLOWSHIP"
DECEIVED
SEP 15 1999
September 15, 1999 PLANNING DIVISION
VIA CERTIFIED MAIL
Mr.Reggie Cox,General Manager
Mesquite Golf&Country Club
2700 E.Mesquite Avenue
Palm Springs, CA 92264
Dear Mr. Cox:
Enclosed please find a conformed copy of Grant of Easement,which will allow Mesquite
Country Club to have access through Desert Chapel's property.
I understand that you are the new General Manager at Mesquite Country Club,replacing Todd
Connolly with whom we have had previous communication regarding this subject.
Please do not hesitate to call if you have any questions.
Vegruly yours
AA ,
Frank Marshall
Administrator
630 South Sunrise Way • Palm Springs, California 92264 • Phone (619) 327-2772 • Fax (619) 325-7048
Certified to be a true and correct
Fiv�l��✓ copy of GRANT OF EASEMENT
WHEN RECORDED MAIL TO: Recorded SEPTEMBER 14, 1999
As Instrument No. 1999-411687
American Goff Corporation of Official Records of ER i_DE
295128*Street County, California
Santa Monica,Ca.90405 lay -ItlyfisJ
Attn:James M.Stanich,Esq. FIDELITY NATIONAL TITLE CO.
GRANT OF EASEMENT
(Non-Exclusive)
INTERNATIONAL CHURCH OF FOURSQUARE GOSPEL, hereinafter called
GRANTOR,does hereby giant and convey to NATIONAL GOLF OPERATING PARTNERSHIP,
L.P., a DELAWARE LIMITED PARTNERSHIP, its successors and assigns, hereinafter called
GRANTEE,a perpetual easement and right-of-way for vehicular and pedestrian ingress and egress,
across, along, through,and within that certain real property in the Country of Riverside, State of
California,described as follows:
See Exhibits "A" and "B"Attached
GRANTEE,covenants that no damage will result to the Easement or the adjacent land of the
GRANTOR,his successors and assigns,from its use.
The terms and covenants of this perpetual easement and right of way shall bind and inure to
the benefit of the heirs,executors,administrators and assigns of GRANTOR and to the successors
and assigns of GRANTEE.
IN WITNESS WHEREOF,this instrument is executed on this,the C�V' day
of Sc f�fEm��n , 1999.
REaZXATIONAT_-CHnRCH OF FOURSQUARE GOSPM-
(Greator
FP��LANNING
VlED By: _
1999 Title: AM t.nJ� 2
DIVI ION
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WSW
State of California
COuntyof Riverside
On September 9, 1999 before me, Sandra S. Fox, Notary Public ,
DATE NAME,TILEOFOFRM-E.O..*JMEMLNOTARYPUMJV
personally appeared Frank V. Marshall
NANEts)OF&WEP4M
❑ personally known to me - OR - x❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
OFF,cw.sE,u or the entity upon behalf of which the
SANDRA 5. FOX acted, executed the instrument.
COMM•1175239 person(s)
s Nmry PubNc-Cattfomia-�
RIVERS1DECOUNTY F
"Y *P e`' i zV m WITNESS my hand and official seal.
l" jar
siom: OF NOTARY
OPTIONAL
Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Grant of Easement
Trlr tsl TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
El GENERAL
ElATTORNEY iN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDWWCONSERVATOR
❑X OTHER: Administrator 09/09/99
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAAE OF PEA80NN OR ENr11YOW
SIGNER(S)OTHER THAN NAMED ABOVE
01163 NATIONAL NOTARY ASSOCIATION•&MS Rem*Ave..P.O.90%7184-Canoga Pork.CA SIZO.7184
EXHIBIT luAlw
PARCEL 1
A 24.00 FOOT STRIP OF LAND LYING 12.00 FEET ON EACH SIDE OF THE
CENTERLINE LOCATED IN THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 4
EAST, S.B.M., SAID CENTERLINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, THENCE SOUTH 89045'45"
EAST ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER A DISTANCE OF 590.13 FEET TO THE
SOUTHWEST CORNER OF THE LAND CONVEYED TO THE DESERT WATER
AGENCY BY DEED RECORDED 1/29/74 AS INST. NO.10999, O.R.;
THENCE NORTH 0014'15" EAST ALONG THE WESTERLY LINE OF SAID
LAND CONVEYED TO THE DESERT WATER AGENCY TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 8V4645" WEST PARALLEL WITH SAID SOUTHERLY LINE
A DISTANCE OF 37.00 FEET;
THENCE NORTH 0°1415" EAST PARALLEL WITH SAID WESTERLY LINE A
DISTANCE OF 76.62 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 38.00 FEET;
THENCT NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 56"40'28" A DISTANCE OF 37.59 FEET,
THENCE NORTH 56026'13" WEST A DISTANCE OF 555.29 FEET TO THE
BEGINNING OF A TANGENT CURVE, ONCAVE SOUTHERLY AND HAVING A
RADIUS OF 38.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 33011'58"A DISTANCE OF 22.02 FEET;
THENCE NORTH 89*38'11' WEST A DISTANCE OF 0.28 FEET TO THE POINT
OF TERMINATION, SAID POINT LYING 50.00 FEET EAST OF THE
CENTERLINE OF SUNRISE WAY WHEN MEASURED AT RIGHT ANGLE
WD
J
0
�9 po.eeoo �?
�OF CALtF��
pATA
[ELTA/B AMS ROM LEN.*V]W. TAMBff
! N W 45'45'W 37.00
2 N 00"14'S5'E 76.72
e 55°40'29' 38.00 37.59 20.49
4 N 58.25'13'N 555.29
6 33°11'58' 38.00 22.02 11.33
5 B . N 89°38'11'N 0.28
' 6
I b
jsa
� .ry a
W
� DESERT CHAPEL
1 z
t iD PORTION OF R/W VACATED PER 3
OZ CITY RESOLUTION NO.
D. 1�.A.
2
N 89'45145'N 590.13
PORTION OF R/W VACATED PER 1 Ci
a CITY RESOLUTION NO.
EXHIBIT " B" SHEET
IN THE CITY OF PALM SPRINGS
SCALE 1„_- ioo
ACCESS EASEMENT „�.� 6/30 u3
DRAWN BY:
A 24.DO FOOT WIDE STRIP OF LAND LYING sJY No. 9WITHIN 500
TOWNS P 4 QUARTER
UTTER OF SE NORTHWEST ECTIEAST,213TER OF HB.N, JOB NO. 6wF C
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1099