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HomeMy WebLinkAbout11/17/1999 - STAFF REPORTS (17) ' rr DATE: November 17, 1999 TO: City Council FROM: City Engineer SUhg*IARY V ACATION OF A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE STREET NAMED ALEJO ROAD,WEST OF VINE AVENUE,IN SECTION 15,T. 4 S.,R. 4 E;FILE R 99-007. RECOMMENDATION: That the City Council adopt a resolution for a summary vacation of a portion of the right-of-way dedicated for the public street named Alejo Road,west of Vme Avenue in Section 15, Township 4 South,Range 4 East,under the provisions of Chapter 4, Part 3,Division 9 of the Streets and Highways Code of the State of California BACKGROUND: The City has been petitioned by Mr. Brent Harris and Mr.Robert Greer, owners of land located westerly of the O'Donnell Golf Club and adjacent to Alejo Road, to vacate the remaining portion of Alejo Road dedicated to the City by the Amended Map ofthe Re-Subdivision of a portion ofBlocks 10, 12,30,and all ofBlocks 11 and 12 of the Palm Springs Townsite. A portion of Alejo Road was previously vacated adjacent to the Palm Springs Cemetery, from the westerly boundary of what was called Northwest Avenue to Vine Avenue,(Resolution 162,March 9, 1939). This left the remaining portion of Alejo Road public right-of-way which is proposed for abandonment. The subject right-of-way may be summarily vacated pursuant to Section 8331 of the California Streets and Highways Code which allows for a summary vacation ofpublic right-of-way if both of the following conditions exist: that for a period of five consecutive years the street has been impassable for vehicular traffic, and that no public money was expended for maintenance on the street during the last five consecutive years. Since its dedication in 1934,the street right-of-way has not been improved and has been impassable to public use. The City'sPlanning Commission determined that the proposed right-of-way vacation is consistent with the General Plan, Case No. 10.423, at the October 13, 1999, Planning Commission meeting. Notices ofthe right-of-wayvacationhave been 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 easement within the vacation area. APPROVED -P' APPROVED: DAVID J.BARAKIAN City Manager City Engineer ATTACHMENTS: 1. Resolution 2. Description Exhibit"A" and Map Exhibit"B" DOC a 1000-32000S 11/30/1999 08:00A Fee:NC PLEASE COMP EIE TH18 WORMATION Page 1 of 8 R✓COR01N0 REQUESTED BY, Recorded In Official Records Canty of Riverside Gary L. Orso Assessor, County Clerk & Recorder 90 CITY OF PALM RSPRINGS AMAII.TO; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P.O. BOX 2743 ---- - - — ,^� PALM SPRINGS, CA. N s U °"0E sm D' °CO" EMUMD 92263-2743.�. A R L lQJO up16 !zn' RA: DTT: Title of Document THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 AdditlonW Recording Fee Applies) STC4; D SM OW asn RESOLUTION NO. 19690 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY 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 ALEJO ROAD LYING WEST OF VINE AVENUE IN SECTION 15, T. 4 S.,R. 4 E;FILE R-99-007. WHEREAS the City Council of the City ofPahn Springs,California,is authorized by Chapter 4,Part 3,Division 9,of the Streets and Highways Code,of the State of California,to summarily vacate and close to public use streets or parts of streets within the limits of the City; and WHEREAS Alejo Road was dedicated as a public street as Lot A on the Amended Map of a Resubdivision of a Portion of Blocks 10, 13, 30, and All of Blocks 11 and 12, of the Palm Springs Townsite, found in Map Book 18,Page 50, recorded February 7, 1934;and WHEREAS the City Council has been petitioned by property owners adjacent to that portion ofAlejo Road lying westerly ofthe westerly fine ofLot J,previously known as Northwest Avenue ofthe Map of Vista Acres,found in Map Book 11,Page 2; and WHEREAS Northwest Avenue and a portion ofAlejo Road firomblorthwest Avenue to Vine Avenue were vacated and abandoned by the City of Palm Springs on March 9, 1939,isolating that portion of Alejo Road lying westerly of the westerly line of said Lot J;and WHEREAS for a period of more than five consecutive years, said portion of Alejo Road has been impassable for vehicular travel;and WHEREAS for a period of more than five consecutive years, no public money was expended for maintenance on said portion of Alejo Road; 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 said portion of right- of-way dedicated for the public street known as Aloo Road, and the need therefor for present or prospective public road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City ofPalm Springs as follows: Section 1. That the City Council does hereby summarily vacate and abandon all the City's right, title,and interest in that portion ofright-of-way dedicated for the public street known as Alejo Road, as the vacated area is described and shown on Exhibits"A"and attached hereto and made a part hereof a public street within the City of Palm Springs, County of Riverside, State of California. Section 2. 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. 111111IN III III IIIIIIIIIIIIIIIIIIIIII11111IIII 11 Resolution No. 19690 Page 2 Section 3. That,upon recordation of this Resolution,the portion of the public strat known as Aloo Road as shown on said Exhibits, shall no longer constitute a public street. ADOPTED this 17th day of November 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Ngne ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: /s/PATRICIA A. SANDERS By: /s/DALLAS FiTrFr City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: File R 99-007 Iftui y CElWLTI-FFOrR",Ir?THAT Na A TRUCCo OV, ;'PT`{Cl?iJ4'fQLOFRFsufv DULY ADra) e: By 7- -PALrti pp'%? 4. r�BrFi X'Pr.»'.'x.";uQdt':,g"�-�L`dYQ.�' INAL.Er;^ri(i 13r1y Qr OIi,'dL.9 IIIIIIIIN�IIINNIIIIIIIIIIIIINIIIIIIIIIIIIIIII 11 ON R19690 Page 2 EXHIBIT °A" (ALEJO ROAD VACATION OF RIGHT OF WAY) ALL THAT PORTION OF LOT'A'(ALEJO ROAD)OF THE AMENDED MAP OF A RE. SUBDIVISION OF A PORTION OF BLOCKS 10, 13.30 AND ALL OF BLOCKS 11 AND 12 OF PALM SPRINGS,AS RECORDED IN MAP BOOK 1S AT PAGE 50,RECORDS OF RIVERSIDE COUNTY CALIFORNIA, LYING WESTERLY OF THE WESTERLY LINE OF LOT'J'OF VISTA ACRES AS RECORDED IN MAP BOOK 11 AT PAGE 2, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH WEST CORNER OF SAID LOT'A',THENCE NORTH 890-4V-00' EAST ALONG THE NORTH LINE OF SAID LOT'A'A DISTANCE OF 245.88 FEET TO A POINT,SAID POINT BEING THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT'J'AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID LOT'A' AND THE NORTHWEST CORNER OF THAT PORTION OF LOT*A!AS VACATED BY RESOLUTION NO.162 ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ON MARCH 9. 1939; THENCE SOUTH 00"-1T-00'EAST ALONG THE WEST LINE OF SAID VACATED PORTION OF LOT'A',A DISTANCE OF 33.65 FEET TO THE SOUTH LINE OF SAID LOT'A'; THENCE SOUTH 899-52'-02'WEST ALONG THE SOUTH LINE OF SAID LOT'A',A DISTANCE OF 245.97 FEET TO THE SOUTHWEST CORNER OF SAID LOT'A'; THENCE ALONG THE WEST LINE OF SAID LOT'A'NORTH 000-08'-00'WEST A DISTANCE OF 33.00 FEET TO THE NORTHWEST CORNER OF SAID LOT'A'AND THE POINT OF BEGINNING. PREPARED BY SAN FGANBORN, C. Y uNp OHN PLIES Pla I.S4148 10/28/99 * � k L CF 1483 I�11�IIIIII III III IIIIII IIIIII IIIII III IIIII IIII IIII 1 iseen I R19690i Page 3 EXHIBIT B 3 J I= O y 2 Q0 wmum DISTANCE Q N o i N 00.08400'N 33.00 �Q e N 00.17'00•N 33.65 coQ an co N 1/4 CORNER APN SECTION iS 505-312-011 N 89.43'00'E 245.88 ALEJ ROAD ( LOT A MB 18/50 1 O O ION N 89. RESOLUTION 52'02"E 245.97 NO. 162 N 89.52002"E 220.47 26.22 LOT 1 PER MB 19/50 0 APN S c 513-070-006 SEC. 15 T4S, R4E, � �OF S.B.M. LOCATION NAP AREA OF VACATION ILA DEPT. OF PUBLIC WOWS CITY OF PALM SPRINGS ENGINEERING DIVISION RIGHT -OF-WAY PLAT APPROVED l / 1999 LEGAL DESCRIPTION �`� 2$13 VACATION OF A PORTION OF LOT A ( ALEJO AD. ) OF THE CITY ENGINEER R.C.E. NO AMENDED NAP OF A RESUBDIVISION OF-BLOCKS 10. 13.30 AND DESIGN BY SCALE FILE N0. ALL OF OCK SS AND 12 OF PAIN SPRIN83. AS RECORDED 99-102-1 IN PAGE 50. RIVERSIDE COUNTYRECORDSD.G.H. 1"=50'BEr/&A:T, F SECTION 15. T4S.. R4E.. S.B.M. �- YL S CHECKED BY SHEET NO. JOH ANBORN PLS 4146 J.L.S. 1 OF i InINII�IIIINIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIINIIII m