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HomeMy WebLinkAbout2/7/2001 - STAFF REPORTS (7) /y DATE: February 7, 2001 TO: City Council FROM: City Engineer BISNAGA AVENUE RIGHT-OF-WAY VACATION RECOMMENDATION: That the City Council adopt a Resolution of Intention to vacate a portion of the right-of-way dedicated for the public street named Bisnaga Avenue lying south of Cholla Place, in Section 25, Township 4 South, Range 4 East; File R-00-053. SUMMARY: The Streets & Highways Code of the State of California prescribes the process by which a City must follow to vacate public rights-of-way. This step initiates the process the Council must follow in considering the proposed public right-of-way vacation. BACKGROUND: The City has been petitioned by the owner of land adjacent to Bisnaga Avenue to vacate that portion adjacent to his and his neighbor's property. This street was dedicated to Riverside County as Lot G of the Araby Tract, recorded in Map Book 13, pages 61-62, but was not accepted as a public street until January 8, 1968, through adoption of Resolution 9133 by the City Council. The portion of Bisnaga Avenue requested for vacation has never been constructed and has not been used for public access; however public utilities do existwithin the area. Previously, at the request of adjacent property owners, the portion of Bisnaga Avenue immediately south of that currently proposed for vacation extending to Araby Drive was vacated by the City through adoption of Resolution 18011, on January 6, 1993. The proposed right-of-way vacation was determined to be consistent with the General Plan and was approved by the Planning Commission at its January 24, 2001, meeting. If the City Council desires to consider the proposed right-of-way vacation, adoption of the attached Resolution of Intention will schedule a Public Hearing for March 7, 2001. DAVID J. BARAKIAN City Engineer / 7 APPROVED f '���` City Ma� 6�„'" ATTACHMENT: 1. Resolution RESOLUTION NO.19983 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO VACATE ITS RIGHT, TITLE AND INTERESTS IN A PORTION OFTHE RIGHT-OF-WAY DEDICATED FORTHE PUBLIC STREET NAMED BISNAGA AVENUE LYING SOUTH OF CHOLLA PLACE, IN SECTION 25,TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-00-053. WHEREAS, the City Council of the City of Palm Springs, California, is authorized by the Public Streets, Highways and Service 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 the said City; and WHEREAS, the City Council intends to vacate and close to public use a portion of the right-of-way dedicated for the public street named Bisnaga Avenue lying south of Cholla Place, in Section 25, Township 4 South, Range 4 East, a street within the City of Palm Springs, County of Riverside, State of California. 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 signify and declare its intention to vacate that portion of the public street named Bisnaga Avenue lying south of Cholla Place, as shown on Exhibit"A" and described in Exhibit"B" attached hereto and made a part hereof. Section 2. That the City Engineer is to hereby conspicuously post notices of this street vacation along the line of that portion of Bisnaga Avenue proposed to be vacated at not more than 300 foot intervals, but not less than 3 in all on said portion of street. Such notices shall state the passage of this Resolution of Intention, and the time and place of hearing all persons interested in, or objecting to, this proposed vacation. Section 3. On the 7ffi day of March, 2001, at the hour of 7:00 P.M., in City Council Chambers located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, being, and the same is hereby,fixed as the time and place of hearing any and all persons interested in or objecting to the proposed street vacation, said time being not less than 15 days from the date of adoption of this Resolution. Section 4. That the City Clerk be, and hereby is, directed to cause this Resolution of Intention to be published in a manner prescribed by Section 8322 of the Streets and Highways Code. ADOPTED this 7th day of February , 2001. 07 Bisnaga Avenue Right-Of-Way Vacation Resolution 19983 Page 2 AYES: Members Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Hodges ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: ATTACHMENTS: 1. Exhibits A 2. Exhibit B w BLOCK "D" Q _ Q ARABY TRACT LOT 15 ti Q LOT 6 M . B . 13/61-62 P.O.B. 0 PAR. 1 H CO N 65°30'08"E 101.86 O3 1 57 0 o N 62°57' 13 45"E o 0 W cq o o � �. w o LOT 14 O LOT 7 m ^ o PPPG o 0 0 4 30 N 89°34'35"W 90.61 Z N Q O N 02°23,20, E P.O.B. 0 3 N PAR. 2 o v N rn rn LOT B LOT 13 w m o Z W ePP M ° o N >6°10'1g„W Z BO.Og Z I DATA O DELTA/BEARING RADIUS LEN./DIST. TANGENT O N °47'55"W 20.25 05 E. PALM CANYON DR. 2 4°07'20" 691.51 49.75 24.89 ¢ 3 N 76°56'55"W 40.00 O4 N 76°10'19"W 40.05 m a O PCHOLLASMOKEWOOD AVE. ARABY OR. I �3 DEPT. OF PUBLIC WORKS CITY OF P A L M SPRINGS ENGINEERING DEPARTMENT VACATION PLAT SANBORN A/E INC . LEGAL DESCRIPTION JOHN L . SANBORN DATE A PORTION OF LOT G OF BLOCK O AS SHOWN ON ARABY TRACT P . L . S . 4146 ON FILE IN MB 13 PAGES 61 AND 62. IN SECTION 25 T4S, R4E. DESIGN BY SCALE FILE NO. RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. D . G . H . 1 "=50 CHECKED BY SHEET NO. 1 OF 1 00-225 EXHIBIT "A" LEGAL DESCRIPTION PARCEL I: ALL THAT PORTION OF LOT"G"; BISNAGA AVENUE, OF THE ARABY TRACT AS RECORDED IN MAP BOOK 13 AT PAGES 61 AND 62, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF LOT 14, BLOCK D OF SAID ARABY TRACT AND A POINT ON THE WESTERLY LINE OF SAID LOT "G". THENCE SOUTH 11 0-03'-05"WEST ALONG THE COMMON LINE BETWEEN SAID LOTS 14 AND "G"A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14, THENCE SOUTH 780-56'-55"EAST A DISTANCE OF 40.00 FEET TO THE EASTERLY LINE OF SAID LOT "G THENCE NORTH 110-03'-05"EAST ALONG THE EASTERLY LINE OF SAID LOT "G" A DISTANCE OF 80.00 FEET; THENCE NORTH 780-56'-55"WEST A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 14 AND THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT "G", BISNAGA AVENUE. OF THE ARABY TRACT AS RECORDED IN MAP BOOK 13 AT PAGES 61 AND 62. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF LOT 13 BLOCK D OF SAID ARABY TRACT AND A POINT ON THE WESTERLY LINE OF SAID LOT "G", THENCE SOUTH 11 0-03 -05"WEST ALONG THE COMMON LINE BETWEEN SAID LOTS I3 AND "G"A DISTANCE OF 90.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 760-10'-19"EAST ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 13 AND THE NORTHERLY LINE OF THAT PORTION OF LOT "G". BISNAGA AVENUE, PREVIOUSLY VACATED, A DISTANCE OF 40 05 FEET TO THE EASTERLY LINE OF SAID LOT`G''; THENCE NORTH 110-03'-05"EAST ALONG THE EASTERLY LINE OF SAID LOT "G"A DISTANCE OF 91.94 FEET; THENCE NORTH 78°-56'-55"WEST A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 13 AND THE POINT OF BEGINNING PREPARED BY SANBORN A/E, INC. JOHN L. SANBORN, PLS 1214/00 WO 00"-22;