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Home My WebLink About11/17/1999 - STAFF REPORTS (5) DATE: November 17, 1999 TO: City Council FROM City Engineer VACATION OF A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE STREETS NAMED SUNRISE WAY AND SUNNY DUNES ROAD,IN SECTION24,T. 4 S.,R. 4 E,FILE R-99-002. RECOA&ENDATION: That the City Council adopt a resolution vacating a portion of the right-of-way dedicated for the public streets named Sunrise Way and SunnyDunes Road in Section 24, Township 4 South, Range 4 East, under the provisions of Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California BACKGROUND: On September 15, 1999, City Council adopted Resolution No. 19648 declaring its intention to vacate a portion of the right-of-way dedicated for those public streets named Sunrise Way and Sunny Dunes Road and scheduled a public hearing for October 20, 1999, to hear all persons interested in or objecting to the said right-of- way vacation. This Public Hearing was subsequently continued to the November 17, 1999, City Council meeting. The City's Planning Commission determined that the proposed right-of-wayvacations are consistent with the GeneralPlan,through its conditional approval ofCase 5.0788- PD 59 for Desert Chapel,at the September 22, 1999,Planning Commission meeting. Notices of the right-of-way vacation have been posted within the vacation areas, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. Asa result,several City and other public agency maintained facilities have been identified within the proposed right-of-way vacation areas. Provisions for reservation ofpublic utility and access easements across the proposed right-of-way vacation areas are included in the attached Resolution of Vacation. APPROVED DAVID J.BARAKIAN City Engineer APPROVED: City Manager ATTACHMENTS: 1. Resolution 2. Description Exhibit"N' aA RESOLUTION NO. 19684 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 THOSE PUBLIC STREETS KNOWN AS SUNRISE WAY AND SUNNY DUNES ROAD IN SECTION 24, T. 4 S.,R. 4 E;FILE R-99-002. WHEREAS the City Council of the City of Palm Springs, California, is authorized by Chapter 3, 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 City; and WHEREAS on September 15, 1999, the City Council did adopt Resolution No. 19648 declaring its intention to vacate and close to public use that portion of right-of-way dedicated for the public streets named Sunrise Way and Sunny Dunes Road, 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 streets known as Sunrise Way and Sunny Dunes Road, being the vacated areas described and shown on Exhibits "A" and "B" attached hereto and made a part hereof, and the need therefbr 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 portions of public roadways are 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 streets known as Sunrise Way and Sunny Dunes Road, as the vacated areas are described and shown on Exhibits"A"and`B", attached hereto and made a part hereof,public streets within the City ofPalm Springs,County ofRiverside,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 City of Palm Springs reserves and excepts from the forgoing vacation an easement for landscape, sidewalk, and bikepath purposes. Section 5. That the vacation shall not be effective (or submitted for recordation) until access agreements have been granted and recorded in a form approved by the City Attorney, providing for the uninterrupted access to locations historically accessed by the vacated portion of Sunny Dunes Road, said locations being identified by Riverside County Assessor's parcel numbers 502-560-005 and 502-560-039, or portions thereof. /' Resolution No. 19684 Page 2 Section 6. That when all conditions have been met,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 ofRiverside County. ADOPTED this 17th day of November _ 1999. AYES: Members Barnes, Hodges, Oden and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: Member Reller-Spurgin ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By: By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: R-99-002 R19684 Page 3 EXHIBIT"A" Acs 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 0021'49" 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 0021'49" 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 0°21'49" 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. R19684 Page 4 3c N 55.14'17'M 92.34 w 0 PARCEL 6020-iO4A W RS 57/3-16 0.o 6 a a g� 7' P N� EXISTING z R/N ATED W SW COA W APN 502-560-004 �. R/M TO BE VACATED PER Nlfi 4• Nlf 1 4 a DESERT CHAPEL +ip sEPERATE DOCUNENT z SUNNY DUNES N y 45*45*V ROAD 5o.o0 3c ffi ffi ¢ APN 502-560-006 PARIMG LOT MOO W � 5 z APN 502-560-007 STAR NURSERY 50 N OV35'136M PARCEL 6060-121B RS 57/3-16 8 LAMD �.�. SCALE NO. 5500 i"= 200' CITY OF PALM SPRINGS REAL PROPERTY DIVISION DEPARTMENT OF COMMUNITY DEVVLOPMENT APPROVED EXHIBIT " B CITY MMMMR RIGHT—OF—WAY VACATION FOR =IW4 S.J.V. 1" = 200' lose SUNRISE WAY . Hi SEC 24 T.4 S. R.4 E. S B M. S.J.V. of sNEErs R19684 Page 5 EXHIBIT a PARCEL1 THAT PORTION OF THE NORTHWEST QUARTER 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 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 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 57/3-16. 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. R19684 Page 6 R/W TO BE VACATED PER aC SEPERATE DOCUMENT � � N PARCEL 6020-104B SW nDUNES ��'w RS 57/3-16 NlfNW a. S APN 502-560-004z DESERT CHAPEL PARCEL 6o-o-io3 a-zo.00 areo•o7'34• RS 57/3-i6 L-3f.46 T-a.04N 58•S4'!7'M N 69.45'45•N 693.63 D. 79.67 S . N 69.45'45'M 760.39 VACATE /W .P.O.B. EXISTING TO BE VACATED APN 502-560-006 R PARMG LOT MESQUITE a C.C. LAND FWMG.0W. SCALE No. S500 1"= 200' sl��OF CAS. ! CITY OF PALM SPRINGS REAL PROPERTY DIVISION DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVEDB EXHIBIT 71 B CITY WMINM RIGHT—OF—WAY VACATION FOR JwLum S.J.V. 1" = zoo• 1099 SUNNY DUNESMEET IN SEC. 24, T.4S. R.48. S.B.M. S.J.V. of -AL swm O/W vllnATTAll cvt,T¢TT 01I\nIV nn.lnr .nnn w..n- -- .