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Home My WebLink About10/6/1999 - STAFF REPORTS (2) DATE: October 6, 1999 TO: City Council FROM: City Engineer VACATION OF A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR TiH E STREET NAMED TAHQUITZ DRIVE,NORTH OF ARENAS ROAD,IN SECTION 15, T.4 S.,R. 4 E;FILE R 99-011. RECOMMENDATION: That the City Council adopt a resolution Vacating a portion of the right-of-way dedicated for the public street named Tahquitz Drive, north 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 September 15, 1999, City Council adopted Resolution No. 19647 declaring its intention to vacate aportion oftheright-of-way dedicatedforthat public street named Tahquitz Drive and scheduled a public hearing for October 6, 1999, to hear all persons interested in or objecting to the said right-of-way vacation. The City's Planning Commission determined that the proposed right-of-wayvacation is consistent with the General Plan, Case No. 10.420, at the August 25, 1999, Planning Commission meeting. 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. As a result,several City and other public agency maintained facilities have been identified within the proposed right-of-way vacation area. Provisions for reservation of public utility and access easements across the proposed right-of-way vacation area are included in the resolution of vacation. Additionally,due to the number ofindividual parcels which take access fromTahquitz Drive,provisions for merger of the individual parcels into one parcel which can take legal access from the remaining portion of Tahquitz Drive will be required, unless separate access easements,in aform approved by the City Attorney,are provided for each parcel whose legal access is affected by the proposed right-of-way vacation. APPROVED PAZ' APPROVED: ftu�� DAVID 7. BARAKIAN City Manager City Engineer ATTACHMENTS: 1. Resolution 42 fto� 2. Description Exhibit"A" RESOLUTION NO, 19g6l. 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 TAHQUITZ DRIVE LYING NORTH OF ARENAS ROAD IN SECTION 15, T. 4 S.,R 4 E;FILE R-99-011. 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 Califomia,to vacate and close to public use streets or parts of streets within the limits of the City; and WHEREAS on September 15, 1999, the City Council did adopt Resolution No. 19647 declaring its intention to vacate and close to public use that portion of right-of-way dedicated for the public street named Tahquitz 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 the portion of right-of-way dedicated for the public street known as Tahquitz Drive, being the vacated area described and shown on Exhibit"A"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 hereby find that the aforesaid public roadway is unnecessary for present or prospective public use. Section 2. That, subject to the conditions below, the City Council does hereby vacate and abandon all the City's right,title,and interest in that portion ofright-of-way dedicated for the public street known as Tahquitz Drive, as the vacated area is described and shown on Exhibit"A",attached hereto and made a part hereof,a public street within the City of Palm Springs, County of Riverside, State of California. Section 3. That the City of Palm Springs reserves and excepts from the forgoing vacation an easement to operate and maintain sewers,drains,pipelines,cables,wires or any other easement ofany governmental agency or utility corporation existing in,under,or over the vacated area, unless quitclaimed or released by the owner thereof. Section 4. That the vacation shall not be effective until modifications to the City's street lighting and electrical system within the vacated area are made by and at the expense of the petitioners of this vacation, such that the existing City street lighting and electrical system within the vacated area is abandoned to the satisfitetion of the City Engineer. 19661 nAT DaTA/BEMMS I R Lm-/Uw- I Tmmw 1 33025,000 100.00 56.32 30.02 20 e N 16'!6'67"E 49.50 19 e N 44'2000'E U.25 N 46'006E 16.0 12.2 6. 5 6.00 N 7T48'00'E fQ .0 i.P.0 H. 17 I 16 R/W VACATED PER CITY RES. i ti0 N0. 13592 , �1P R/W TO BE Al 27 ♦ VACATED 14 � t 6 { p 2fi N 44.208000E Q 18.BB , 31 30 N 29 13 I.ANp A y �QI J. t `Q� W Ems_ NO. 6500 AMN.A.S _ r J?UADOF CI►� CITY OF REAL PROPERTY DIVISION DEPARTMENT OF COMMUNITY DM WWPMENT D BY: C WS EXHIBIT " A UAVAU %p. sum Smml RIM-OF-WAY VACATION OR UK S.t.V. 1• = 5. R-99-011 TAHQUITZ DRIVEmu. IN SBC. 15, T.4 S. N.4 S. SXJL S.J.V. OF Res. No. 19661 Page 3 EXHIBIT"A' THAT PORTION OF LOT "A" (TAHQUITZ DRIVE) AS SHOWN ON MAP OF TAHQUITZ PARK ACCORDING TO MAP THEREOF RECORDED IN BOOK 11, PAGE 7 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENSING AT THE SOUTHWEST CORNER OF LOT 20 OF SAID TAHQUITZ PARK, BEING A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A'; THENCE SOUTH 77° 45' 00' WEST ALONG SAID NORTHERLY LINE OF LOT "A" A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF THE VACATED PORTION OF TAHQUITZ DRIVE PER CITY RESOLUTION NO. 14181 THROUGH THE FOLLOWING COURSES: SOUTH 180 16' 57'WEST A DISTANCE OF 49.58 FEET; SOUTH 440 20' 00"WEST A DISTANCE OF 27.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 18.00 FEET; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 380 51' 55'A DISTANCE OF 12.21 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT"A'; THENCE LEAVING SAID WESTERLY LINE OF THE VACATED PORTION OF TAHQUITZ DRIVE AND ALONG SAID SOUTHERLY LINE OF LOT "A' SOUTH 440 20' 00' WEST A DISTANCE OF 137.30 FEET TO THE SOUTHWEST CORNER OF LOT 28 OF SAID TAHQUITZ PARK; THENCE NORTH 420 4T 41' WEST A DISTANCE OF 50.06 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 1 PER DEED RECORDED 614/96 AS INSTRUMENT NO. 206610, O.R.; THENCE NORTH 440 20' 00' EAST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND THE NORTHEASTERLY PROJECTION THEREOF, SAID LINE ALSO BEING THE NORTHERLY LINE- OF SAID PARCEL "A' A DISTANCE OF 151.12 FEET TO THE BEGINNING OF A ATANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; a -cam AFFIDAVIT OF POSTING NOTICES 1• the undersigned, the City Engineer for the City of Palm Sprlugs, Califorma, do hereby certify that a copy of the Resohition of Mention No. 19647 for the vacation of a portion of the right of way dedicated for that street known as Tahquitz Drive lying North of Arenas Road in section 15, T.4 S. , R. 4 E. was posted in three ( 3) locations indicated on the attached drawing on September 21 199 9 S A copy of said Notice is attached hereto. Dated at Palm Springs, California, this Twentyftrst day of September 1999 . DAVID L BARAKIAN City Engineer Public works Department City of Patin Springs California Res. No. 19661 arcWY Page 4 THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 330 25' 00"A DISTANCE OF 58.32 FEET; THENCE NORTH 770 45' 000 EAST A DISTANCE -OF 14.00 FEET TO THE TRUE POINT OF BEGINNING; COMPRISING 9624 SQUARE FEET, MORE OR LESS. LAND � S1EVBI�,1dW G�< Q