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HomeMy WebLinkAbout18908 - RESOLUTIONS - 10/2/1996RESOLUTION NO. 18908 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATE ALL OF THE RIGHT, TITLE AND INTEREST OF SAID CITY IN A PORTION OF THE RIGHT- OF-WAY FOR PRESCOTT CIRCLE NORTH BETWEEN HERMOSA PLACE A14D WEST EL ALAMEDA IN SECTION 10 TAS.,RAE. WHEREAS the City Council of the City of Palm Springs California is authorized by the Public, Streets, Highways and Services 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 said City; and WHEREAS the City Council did adopt a Resolution declaring its intention to vacate and close that portion of right-of-way for Prescott Circle North between Hermosa Place and west El Alameda; and WHEREAS the Planning Commission has determined that said road vacation is not in conflict with the City's General Plan; and WHEREAS the City Council found from all evidence submitted that the portion of right-of-way for Prescott Circle North between Hermosa Place and west El Alameda as described in the Resolution of Intention, was and is unnecessary, for present or prospective public street purposes, and that it is in the public interest that the subject public right-of-way be vacated; and WHEREAS information from the public utilities agencies and the City's Wastewater Treatment Division of the Public Works Department determined that pipelines and pole lines exist in the subject right-of-way being vacated and a sewer and public utilities easement should be reserved over the right-of-way being vacated; and WHEREAS the Director of Public Works has recommended that the vacation be subject to the property owner(s) constructing street improvements to be described in an approved street improvement plan to close Prescott Circle North. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: Section 1. That the City Council does hereby vacate all the City's right, title, and interest in that portion of right-of-way for Prescott Circle North between Hermosa Place and west El Alameda as the vacation area is described in Exhibit "A", and shown on Exhibit "B" attached hereto and made a part hereof, a road within said City of Palm Springs, County of Riverside, State of California. Section 2. That the City reserves and excepts from the forgoing vacation any easements to operate, maintain sewers, drains, pipelines, cables, wires or any other easement of any governmental agency or utility corporation existing in, under or over the vacation area, unless quitclaimed and released by the owner thereof. Section 3. That the vacation of that portion of right-of-way for Prescott Circle North between Hermosa Place and west El Alameda is conditioned upon the property owner(s) constructing street improvements as described in an approved street R18908 Page 2 Resolution No. Page 2 improvement plan to close Prescott Circle North at the expense of the owner(s). Construction shall be completed upon inspection and approval by the Director Public Works, and acceptance of [due Improvements. In the event the improvements have not been constructed within 12 months, unless extended by the City Council, this Resolution approving the "conditional vacation" shall be null and void. Section 4. Upon the timely satisfaction of the conditions set forth in Section 3 above, the City Clerk is 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, and to transrait a certified copy of this Resolution to the County Surveyor of Riverside County. In the event the condition is not timely met, this Resolution shall not be recorded and shall be mull and void. ADOPTED this 2nd day of October , 1996. APES: Members Barnes, NOES: None ABSENT: None ATTEST: Icy J City Clerk REVIEWED & APPROVED: File No. R-96-004 Hodges, Oder, Spurg-in and Mayor Kleindienst CITY F PAL S @0AIlaagger LIFORNIA , S City R18908 Page 3 EXHIBIT "A" BEING A PORTION OF PRESCOTT CIRCLE NORTH LYING BETWEEN LOTS 110 AND 111 OF METRO VISTA AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 94 OF MAPS AND A PORTION OF THE RIGHT OF WAY DEDICATED PER INST. NO, 296157, RECORDED 9f8/95, O.R., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY POINT OF CURVATURE IN THE WESTERLY LINE OF SAID LOT 111, THENCE SOUTH 00009'00" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 136.45 FEET TO A POINT LYING ON THE NORTHERLY RIGHT OF WAY OF WEST EL ALAMEDA AS DESCRIBED BY DOCUMENT. RECORDED 12/31/38 IN BOOK 403, PAGE 254, O.R.; THENCE SOUTH 89036'00" WEST ON THE NORTHERLY PROLONGATION OF SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 135.86 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING PASSING THROUGH SAI❑ POINT OF CUSP BEARS SOUTH 14007'07" EAST, SAID POINT ALSO LYING ON THE EASTERLY LINE OF SAID LOT 110; THENCE ALONG SAID EASTERLY LINE THROUGH THE FOLLOWING COURSES: NORTHEASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 76001'53" A DISTANCE OF 132.70 FEET; NORTH 00009'00" WEST A DISTANCE OF 70.06 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE SOUTHWESTERLY AND !-LAVING A RADIUS OF 50.00 FEET; NORTHWESTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 56015'00" A DISTANCE OF 49.09 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT OF CUSP BEARS SOUTH 33036'00" WEST; THENCE, LEAVING SAID EASTERLY LINE, EASTERLY ALONG THE ARC OF THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 73"02'44" A DISTANCE OF 127.49 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT OF CUSP BEARS NORTH 39026'44" WEST, SAID POINT ALSO LYING ON THE WESTERLY LINE OF SAID LOT 111; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 50042'16" A DISTANCE OF 88.50 FEET TO THE POINT OF BEGINNING. EXHIBIT „All R-96-0 1 OF A-- I-c(3 e I R18908 Page 4 R-96-0041 EXHIBIT "B" 1 OF 1 f--- I'- cr `I UAND `' 4,,_ .'�� 'A� v�`�S s�ve�lvANU�GF�a Va Jj errs• i5'00' �'; L 127 9 T^�;, t)6 \ofi R-50.00 } c Sa s a 4 q�' T-26.73 is ::,:; er50.42'Ili' z ?3 t%; L-66.50 P.O.L. 9{� 9Q �T er76.01'53" �y: P,; i Is, .i; T-76.17 % is' F'',< ;:[ R/W DEDICATED PER INST, '�-:i�,ti;g:'�'i�.,: ��f2Sl^a107, REC. 9fSr96, I?,R. N 69' OWE 17. 90B Q� WEST .EL ALEME.iDA UN 9 VAHIBI LEGAL DESCRIPTION: 'A PORTION OF PR€SCOTT DRIVE AS SHOWN BY MAP ON FILE IN BOOK 12. PAGE 94, OF MAPS AND A PORRTION OF A/W DEDICATED PER IJST. #296157, RInC. 9/B/95, O.R. 'STEVEN J. VAN LS 6500 NO.G°AO RIC-B,T-oF--WAY VAICATION DESIGN EIY: SCALE: FILE NO. Sdv' 1" = 60' 11101 'CHECKED BY: DNG. NO. SHEET 1 O CH 1 SHEETS 1 L'