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Home My WebLink About9/1/1999 - STAFF REPORTS (3) DATE: September 1, 1999 TO: City Council FROM City Engineer VACATION OF A PORTION OF TEE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC 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 a resolution vacating a portion of the right-of-way dedicated for the public street named South Palm Canyon Drive, south of Arenas Road, in Section 15, Township 4 South, Range 4 East, under the provisions of Chapter 3,Part 3,Division 9 of the Public Streets,Highways and Service Easements Vacation Law, of the Streets and Highways Code of the State of California. BACKGROUND: On July 21, 1999,City Council adopted ResolutionNo. 19623 declaring its intention to vacate a portion of the right-of-way dedicated for that public street named South Palm Canyon Drive and scheduled a public hearing for September 1, 1999,to hear all persons interested in or objecting to the said right-of-way vacation. The City's Planning Commission, through its conditional approval of Case 5.0797 CUP forMuriel'sRestaurant at the October 28, 1998,Planning Comniission meeting, determined that the right-of-way vacation is consistent with the City's General Plan. Notices of the right-of-way vacation have been posted within the vacation area, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. There have been no requests by a public utility company or from City staff for reservation of a public utility or access easement within the vacation area APPROVED: DAVM J.BARAIQAN - -- City Engineer APPROVED: ,f.;-t City ATTACF111MNTS: 1. Resolution 2. Description Exhibit W 3. Map Exhibit"B" AFFIDAVIT OF POSTING NOTICES I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify that a copy of the Resolution of Intention No. 19623 for the vacation of A PORTION OF THE RIGHT OF MAY AT SOUTH PALN CANYON. LYING SOUTH OF ARENAS RD, THE WESTERLY 10' OF LOTS 1 AND•1 IN BLOCK 28 OF PALM SPRINGS T.4 S.,R. 4E. SECTION 15 was posted in THREE ( 3 ) locations indicated on the attached drawing on y AUGUST 9, 1999 , 199-21. A copy of said Notice is attached hereto. Dated at Palm Springs, California, this NINTH day of AUGUST , 199 9 . jp-. - DAVID J. BARAIGAN City Engineer Public Works Department City of Pahn Springs California am-,erp, j \ t ' DOC " loss-414437 PlENE COMKEFE THS N*KNMTM 09/15/19M 98:00A FN:NC REDOROM REEL 8W BM Pays 1 of 4 Recorded In Official Rsoords County of Riverside Gary L.•Orso Count Clerk 6 %AND WHEN f Assessor, � i u 7 m a mom mm sa. sal A R L 00�I1 ICIy mmm �p 11 A: v DTT: n Resn la4l on 120, 17433 TNIe of DoCumerd SF THIS AREA FOR RECORDER ' S USE 'ONLY t THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional ReCmdtng Fee Applies) sicam ya.om mn PALM CANYON VACATION MR. MAYOR AND MEMBERS OF COUNCIL: THIS IS A PUBLIC HEARING ITEM REGARDING THE PROPOSED VACATION OF A PORTION OF RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED SOUTH PALM CANYON DRIVE, SOUTH OF ARENAS ROAD IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST. THE COUNCIL ADOPTED A RESOLUTION OF INTENT TO VACATE THE PROPOSED RIGHT OF WAY AT ITS JULY 21, 1999, MEETING, WHICH SCHEDULED TODAY'S PUBLIC HEARING, ALLOWING COUNCIL TO HEAR PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION. THE PORTION OF RIGHT-OF-WAY PROPOSED FOR VACATION CONSISTS OF A TEN FEET WIDE STRIP ADJACENTTO THE MURIEL'S RESTAURANT PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PALM CANYON DRIVE AND ARENAS ROAD. ADJACENT TO THIS PROPERTY, PALM CANYON DRIVE CURRENTLY HAS A TOTAL RIGHT-OF-WAY WIDTH OF NINETY FEET, WHEREAS THE GENERAL PLAN ONLY REQUIRES EIGHTY FEET IN THIS AREA. IT IS THE EXCESS TEN FEET WHICH IS PROPOSED FOR ABANDONMENT BY THE ADJACENT PROPERTY OWNERS. THE PLANNING COMMISSION DETERMINED THAT THE RIGHT OF WAY VACATION IS CONSISTENT WITH THE GENERAL PLAN IN ITS CONDITIONAL APPROVAL OF MURIEL'S RESTAURANT ON OCTOBER 28, 1998. NOTICES OF THE PROPOSED VACATION HAVE BEEN POSTED AND SENT TO ALL PUBLIC UTILITY COMPANIES AND AGENCIES, AS REQUIRED BY LAW, AND NO REQUESTS FOR RESERVATION OF EASEMENT HAVE BEEN RECEIVED. AT THIS TIME, STAFF RECOMMENDS ADOPTION OF A RESOLUTION OF VACATION ABANDONING THE PROPOSED RIGHT OF WAY FOR PALM CANYON DRIVE. OF PALM S Cw�t��1(t��:- "'yN City of Palm Springs ' Office of the City Clerk * •aeAt • 3200 Tahcpkz Canyon Way'palm Spnrwk Udomm 92262 Cq<<FO RN TEL:(760)323.8204 •TDD:(760)864-9527 September 8, 1"9 TLMA SURVEY DEPARTMENT Attention: Mark Bernas P.O.Box 1605 Riverside,CA 92502-1605 RE: Resolution No. 19633 Enclosed is a certified copy of the above referenced Resolution(regrading vacating and abandoning of South Palm Canyon Drive lying south of Arenas Road)for your records. rely, . �4 PATRICIA A. SANDERS City Clerk Attachment Post Office Box 2743 0 Palm Springs, California 92263-2743 RESOLUTION NO. 19633 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF--WAY DEDICATED FOR THAT PUBLIC 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 Chapter 3, Part 3, Division 9, of the Public Streets, Highways and Service Easements Vacation Law 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 City; and WHEREAS on July 21, 1999, the City Council did adopt Resolution No. 19623 declaring its intention to vacate and close to public use that portion of right-of-way dedicated for the public street named South Palm Canyon Drive, and the City Council did post notice as required by the statute, and did hold its public hearing as required by the statute; and WHEREAS the Planning Commission has determined that the right-of-way vacation is consistent with the Circulation Element of the City's General Plan; and WHEREAS the City Council has considered all evidence submitted concerning theportion of right-of-way dedicated for the public street known as South Palm Canyon Drive, being the vacated area described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, and the need therefor for present or prospective public road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section 1. That the City Council does thereby find that the aforesaid portion of public street right-of-way is unnecessary for present or prospective public use Section 2. That the City Council does hereby vacate and abandon all the City's right, title, and interest in that portion of right-of-way dedicated for a public street known as South Palm Canyon Drive, as the vacated area is described and shown in Exhibits "A" and "B", attached hereto and made a part hereof, a public street within said City of Palm Springs, County of Riverside, State of California, subject to reservation of any existing utility easements therein of record, if any. Section 3. That the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by her under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. The City Clerk is further directed to transmit a certified copy of this Resolution to the County Surveyor of Riverside County. ADOPTED this 1st day of September , 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 R 19633 Page 2 ! EXHIBIT"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 8905222" 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 00005'17° 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 44053'32° WEST, A DISTANCE OF 12.17 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 00005'1T EAST ALONG THE WESTERLY LINES OF SAID LOTS 1 AND 2, A DISTANCE OF 78.40 FEET`TO THE POINT OF BEGINNING. LAND W.5476 FOF CAl\�� . R 19633 Page 3 EICMrr"B" ARENAS ROAD CA — —CA _ _CA_ J V I N I co m Wr — — — — — — — — — — H i N 89. 4022E cn INST.NO.99436 as N 44653'32"E REC. 9-20-63 A 12.17' i z LOT 9 r---- 40' / !0' I AREA VA �VACATED BLOCK 20 NO 91432 a o PQ �.D. C0" J O Z V O z y� F�LOT 6 E-1 I EXIST. R/W ►� PER INST. !0' NO. 99435, 0 REC.9-20-63 P.O.B. SW COR. 40 T 2 N 89*82'22"E Np, 5478� jFOF CAS SCALE: IN �• CITY OF PALM SPRINGS REAL PROPERTY DIVISION EXHIBIT 'A' APPROVED BY: RIGHT OF WAY VACATION FOR A � PORTION OF PALM CANYON DRIVE David J. Barakian, Cit En ineer PORTION OF THE N. 1/2 OF THE S.E. 1/4, o M i"-20' FILE �' OF SECTION 0. T.4 S., R.4 E., S.B.M. ew . CH of � -G-3