HomeMy WebLinkAbout3/7/2001 - STAFF REPORTS (6) DATE: March 7, 2001
TO: City Council
FROM: City Engineer
LINDA VISTA DRIVE 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 Linda Vista Drive, in Section 15,
Township 4 South, Range 4 East; File R-00-054.
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 owners of land at the end of Linda Vista Drive
to vacate a portion of the cul-de-sac adjacent to their properties. This street was
dedicated to the City as Lot B of Parcel Map 11147, recorded in Book 80 of Parcel
Maps, pages 38-39, on July 10, 1980.
The portion of Linda Vista Drive requested for vacation is located at its most
westerly end. This portion of Linda Vista Drive has never been fully constructed
and only serves access to those properties owned by the petitioners of the
proposed right-of-way vacation. In the past, this area has been illegally used as
a dumping ground. The adjacent property owners have proposed construction of
entrance gates to each property and improvements to Linda Vista Drive to clean
up this area and inhibit the dumping nuisance. The configuration of the proposed
improvements require vacation of a portion of the end of Linda Vista Drive.
The configuration of the proposed right-of-way vacation was reviewed and
approved by the Fire Department for emergency vehicle access. Additionally, the
proposed right-of-way vacation was determined to be consistent with the General
Plan and was approved by the Planning Commission at its February 14, 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
April 4, 2001.
DAVID J. BARAKIAN
City Engineer
APPROVEDr _
City Manager
ATTACHMENT:
1. Resolution
I
OF PALM SA
City of Palm Springs
* * Depanmene of Transpormion
Engineering Division
•R�RNTED 3200 Tahgnin Canyon Way• Palm Springs,Cahf=rm 92262
c
Fp RN\P TEL (760)323-8253 •PAX(760)322-8360 •TDD(760)864-9527
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify
that a copy of the Resolution of Intention No. 19997 for the vacation of that portion of the public
street named Linda Vista Dr. as described in Exhibit "A" and shown in Exhibit "B" of the
attached resolution No. 19997, was posted in three (3) locations (as indicated on the attached
drawings), on March 23, 2001.
Dated at Palm Springs, California, this 23rd day of March, 2001.
DAVID J. BARAKIAN
City Engineer
Engineering Department
City of Palm Springs
California
Post Office Box 2743 0 Palm Springs, California 92263-2743
N1.7584 - -
OfIf OF PALM SPRINGS
RESOLUTION NO. IN97
OFF TpIE CITY CQUNCIL OF THE CITY OF
PAINfSPRINOS CAIJFORMA DECLARING ITS
INTTENTIgO'rN TOp{/Ap ATE ITS RIGHT TITLE AND
WAY DED CATEb FORIOTHE PUBLICI STREET
NAMED LI VISTA DRIVE IN SECTION 15,
TOWNSHIP 4 SOUTH,RANGE 4 EAST,;FILE R-
WHER.
WHEREAS, the City Council iz the City of Palm
Sprin�s, iCalifornia,hw is authorized by the Public
Streets, Highwayys and Service Easements Vaca-
tion Law, Pert 3, Division 9 of the Streets and °
PROOF OF PUBLICATION .a a an a Code of the State s California,parts
va-
' sale and close to public use streets or parts of
woe PAL yfs (2015.5.C.C.P) streets within the limits of the said bity; and
WHEREAS, the City Council intends To vacate
A and close to public use a portion of the right-of-
rp
way dedicated for the public street naetl Linda
'9 Vista Drive, in Section 15, Township 4 South,
�A�, Range 4 East,
Ss, Countya street within the Ct of Palm
R 2 I NOW THEREFORE BE Riverside,
RESOLVEDfby therCity
jn Council of the City of Palm Springgs, as follows.
ECEryEp Section larii taet andecletsntentono vacate that of the public street named Linda Vista Drive,
CLEF( as described in Exhibit 'A" and shown on 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 porno,of Linda Vista Drive
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 pas-
sage of this Resolution of Intention, and the time
and place of hearing all,persons Interested in, or '4
STATE OF CALIFORNIA objection to, this propposed vacation.
Section 3. On the 4th day of April, 2001, at the
County of Riverside hour of 7:00 P.M., in City Council Chambers lo-
cated at 3200 E. Tah ut Canyon Way,.Palm
p e of hamnng�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 ppublished in a manner prescribed by Section
8322 of the Streets and Highways Code.
ADOPTED this 7th day of March,2001.
AYES: Councomembers Hodges, Jones, Oden,
Reller-Spurgin and Mayor Klelndienst
I am a citizen of the United States and a resident of NOES: None
ABSENT None
the County aforesaid' I am over the age of eighteen hteen ATTEST CITY OF PALM SPRINGS,CALIFORNIA
g g By./al Patricia A.Senders /a/David H Ready
years,and not a party to or interested in the City Clerk City Mane
gger
REVIEWED AND ADOPTED AS TO
above-entitled matter.I am the principal clerk of a FORM,
printer of the,DESERT SUN PUBLISHING LOT A -EXHIBIT A
COMPANY a newspaper of general circulation, TLINDA VISTA HAT PORTION
OF LOT
O'B"PARCEL KMOW NO
tinted and published in the city of Palm Springs, 11147, IN THE CITY OF PALM SPRINGS COUN-
TY OF RIVERSIDE CALIFORNIA AB SHOWN BY
County of Riverside,and which newspaper has been MAP ON FILE IN BOOK 80 PAGE 38 OF PARCEL
MAPS, IN THE OFFICE OF THE RECORDER OF
adjudged a newspaper of general circulation by the SAID
O COUNTY
INd AT THE DESCRIBED
ASEFOLLO VS COR
Superior Court of the Coon[}'Ot�iVerside,Slat¢of *NE OF PARCEL 2 OF SAID PARCEL MAP NO
California under the date of March 24,1988.Case 1147;THENCE SOUTH 89de rees50'30" WEST 10.00
Number 191236;that the notice,of which the FEET ALONG THE NORTHERLY RIGHT OF WAY
LINE OF SAID LOT "B" TO THE POINT OF BE-
annexed is a printed copy(set in type not smaller GINNING;
THENCE SOUTH 00degreee09'30" EAST 38,00'
than non pariel,has been published in each regular FEET
THENCE SOUTH 78degrees54'14" WEST 59.70
and entire issue of said newspaper and not in any FEET TO THE COMMON CORNER OF SAID
supplement thereof on the following dates,t0 wit: MAP NO EL 2111 BEINGAND PARCEL
ALSO 3 OF SAID PARCEL
NT IN A
CURVE IN THE FLIGHT OF WAY LINE OF SAID
LOT "B", CONCAVE SOUTHWESTERLY HAVING,
March 22nd -_ RA-
DIALIUS 50.00 FEET AND
TSAID CURVE EARS NORTH ----—----—---------—-----—------—----—-----—---—------- 89degrees23'16" WEST, -
THENCE NORTHERLY AND EASTERLY 77.87
FEET ALONG SAID CURVE THROUGH AN AN-
- I GLE OF 89degreesl3'46";
------'—'--'--"—"—'—'---"--" THENCE NORTH 89degrees50'30" EAST 8.62'
FEET TO THE POINT OF BEGINNING.
LOT B
All in the year 2001 THAI PORTION OF LOT "B" ALSO KNOWN AS
DA VISTA dRNEr1rTAACEL MAFN0.11147
IN THE CITY OF PALM SPRINGS COUNTY p9
RIVERSIDE, CALIFORNIA AS SHOWN BY MAP
I certify(or declare)under penalty of perjury that the I ON FILE IN BOOK 80 PAGE 38 OF PARCEL
foregoing is true and correct MAPS, IN THE OFFICE OF THE RECORDER OF
g g SAID COUNTY, DESCRIBED AS FOLLOWS'
22nd COMMENCING AT THE MOST EASTERLY COR-
NER OF PARCEL 2 OF SAID PARCEL MAP NO.
Dated at Palm Springs,California this------day u'11147;
THENCE SOUTH 89degrees50'90" WEST 10.00
March FEET ALONG THE NORgTHERLY RIGHT OF WAY
1 LINE OF SAID LOT "B"
1 THENCE SOUTH guide 09'30" EAST 38.00
FEET TO THE
of--------
__,___L_____—.______--- 200 MAP NO TO SOUTH
POINT 11147 BEING ALSOON RAEWEST IN SAID
A,
�/ ,(�J�iC,(✓' PARCEL 2 AND PARCEL 3 OF SAID PARCEL
--------'---/------ '--------------------
CURVE OF THE,I7IGHT OF WAY LINE OF SAID
Signature LOT "B", CONCAVE SOUTHWESgTERLY HAVING
ND T
A RADIUS OF 50.00 FEET At WHICH A RA-
DIAL LINE OF SAID CURVE BEARS NORTH
89de rees23'16' WEST,
' THENCE SOUTHERLY AND EASTERLY 4683
FEET ALONG SAID CURVE THROUGH AN AN-
GLE OF 53dagroes 39'53" TO THE COMMON
CORNER OF SAID PARCEL 3 AND PARCEL 4 OF
SAID PARCEL MAP NO, 11147, BEING ALSO A
POINT IN A CURVE IN THE RIGHT OF WAY LINE,
OF SAID PARCEL "WAND TO WHICH A RADIAL;
LINE OF SAID CURVE BEARS SOUTH 36de-
rees56'51" WEST;
THENCE NORTH 31d 99rees52'31" WEST 29.66
FEET TO THE POIN BEGINNING.
LOT C
THAT PORTION OF LOT "B" (ALSO KNOWN AS
LINDA VISTA DRIVE OF PARCEL MAP NO. +'
11147 IN THE CITY dF PALM SPRINGS,COUN-
TY OF RIVERSIDE,AS SHOWN BY MAP ON FILE
IN BOOK 80 PAGE 38 OF MAPS,IN TOE OFFICE
OF THE RECORDER OF SAID COUNTY, DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY COR-
NER OF PARCEL 2 OF SAID PARCEL MAP NO.
11147;
THENOE SOUTH 89degrees50'30" WEST 10 00
FEET ALONG THE NORTHERLY RIGHT OF WAY
LINE OF SAID LOT "B';
THENCE SOUTH OOdegrae509'30" EAST 38.00
FEET;
THENCE SOUTH 31 degrees 52'31" EAST 2966
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 63degrees44'32" WEST OF
60.56 FEET TO THE COMMON CORNER OF
PARCEL 3 AND PARCEL 4 OF SAID PARCEL
MAP NO. 11147J.BEING ALSO A POINT IN A
CURVE IN THE nIGHT OF WAY LINE OF SAID
LOT "B", CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 50.00 FEET'
THENCE SOUTHERLY AND EASTERLY 9753
FEET ALONG SAID CURVE THROUGH AN AN-
GLE F 111degrees45'20' TO A POINT OF RE-
VERS CURVATURE TO WHICH A RADIAL LINE
OF SAID CURVE BEARS SOUTH 74ce-
grees48'29" EAST;
THENCE SOUTH B9dNees50'30' WEST 24.00
FEET TO THE POINT OF BEGINNING.
/s/Pete SilOngton PLS.4152 Date:2-21-01
PUB. March 22,2001
RESOLUTION NO. 19997
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE ITS RIGHT, TITLE AND INTERESTS IN A
PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE
PUBLIC STREET NAMED LINDA VISTA DRIVE, IN
SECTION 15,TOWNSHIP 4 SOUTH, RANGE4EAST; FILE
R-00-054.
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 Linda Vista Drive, in Section 15,
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 Linda Vista Drive,
as described in Exhibit "A" and shown on 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 Linda Vista Drive
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 4" day of April, 2001, at the hour of 7:00 P.M., in City
Council Chambers located at 3200 E. Tahquitz Canyon Way, Palm
Springs, California, 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.
G �
Res. 19994
Linda Vista ROW Vacation
March 7, 2001
Page 2
ADOPTED this 7th day of March 12001,
AYES: Councilmembers Hodges, Jones, Oden, Reller-Spurgin and Mayor Rleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
44 .%
EXHIBIT A
LOT A
THAT PORTION OF LOT "B" (ALSO KNOWN AS LINDA VISTA DRIVE) OF PARCEL MAP
NO. 11147, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 80 PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP
NO. 11147;
THENCE SOUTH 890 50' 30" WEST 10.00 FEET ALONG THE NORTHERLY.RIGHT OF WAY
LINE OF SAID LOT "B" TO THE POINT OF BEGINNING;
THENCE SOUTH 000 09' 30" EAST 38.00 FEET;
THENCE SOUTH 780 54' 14" WEST 59.70 FEET TO THE COMMON CORNER OF SAID
PARCEL 2 AND PARCEL 3 OF SAID PARCEL MAP NO 11147, BEING ALSO A POINT IN A
CURVE IN THE RIGHT OF WAY LINE OF SAID LOT "B", CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 50.00 FEET AND TO WHICH A RADIAL LINE OF SAID CURVE
BEARS NORTH 890 23' 16" WEST;
THENCE NORTHERLY AND EASTERLY 77.87 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 890 13' 46";
THENCE NORTH 890 50' 30" EAST 8.62 FEET TO THE POINT OF BEGINNING.
LOT B
THAT PORTION OF LOT "B" (ALSO KNOWN AS LINDA VISTA DRIVE) OF PARCEL MAP
NO. 11147, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 80 PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP
NO. 11147;
THENCE SOUTH 890 50' 30" WEST 10.00 FEET ALONG THE NORTHERLY RIGHT OF WAY
LINE OF SAID LOT "B";
THENCE SOUTH 000 09' 30" EAST 38.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 780 54' 14" WEST 59.70 FEET TO THE COMMON CORNER OF SAID
PARCEL 2 AND PARCEL 3 OF SAID PARCEL MAP NO. 11147, BEING ALSO A POINT IN A
CURVE IN THE RIGHT OF WAY LINE OF SAID LOT "B", CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 50.00 FEET AND TO WHICH A RADIAL LINE OF SAID CURVE
BEARS NORTH 890 23' 16" WEST;
THENCE SOUTHERLY AND EASTERLY 46.83 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 530 39' 53" TO THE COMMON CORNER OF SAID PARCEL 3 AND PARCEL 4 OF
SAID PARCEL MAP NO. 11147, BEING ALSO A POINT IN A CURVE IN THE RIGHT OF WAY
LINE OF SAID PARCEL "B" AND TO WHICH A RADIAL LINE OF SAID CURVE BEARS
SOUTH 360 56' 51" WEST; L LAND
THENCE NORTH 630 44' 32" EAST 60.56 FEET; �: �- SU
THENCE NORTH 310 52' 31" WEST 29.66 FEET TO THE POINT OF BEGINNING. , 9G
2 �0
(1) i 1-0.4152
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EXHIBIT A (CONTINUED)
LOT C
THAT PORTION OF LOT "B" (ALSO KNOWN AS LINDA VISTA DRIVE) OF PARCEL MAP
NO. 11147, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 80 PAGE 38 OF MAPS, IN THE OFFICE OF THE
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS;
COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP
NO. 11147;
THENCE SOUTH 890 50' 30" WEST 10.00 FEET ALONG THE NORTHERLY RIGHT OF WAY
LINE OF SAID LOT "B";
THENCE SOUTH 000 09' 30" EAST 38.00 FEET;
THENCE SOUTH 31 0 52' 31" EAST 29.66 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 630 44' 32" WEST 60.56 FEET TO THE COMMON CORNER OF PARCEL 3
AND PARCEL 4 OF SAID PARCEL MAP NO. 11147, BEING ALSO A POINT IN A CURVE IN
THE RIGHT OF WAY LINE OF SAID LOT "B", CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 50.00 FEET;
THENCE SOUTHERLY AND EASTERLY 97.53 FEET ALONG SAID CURVE THROUGH AN
ANGLE OF 111 0 45' 20" TO A POINT OF REVERSE CURVATURE TO WHICH A RADIAL
LINE OF SAID CURVE BEARS SOUTH 740 48' 29" EAST;
THENCE SOUTH 890 50' 30" WEST 24.00 FEET TO THE POINT OF BEGINNING.
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CITY OF PALM SPRINGS
DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION
LEGAL DESCRIPTION
PORTIONS OF LOT "B" (LINDA VISTA CITY ENGINEER R,C,E,
DRIVE) PER PARCEL MAP NO. 11147, DESIGN BY SCALE FILE N0,
BOOR 80 PAGE 38 OF PARCEL MAPS, /" , po'
RECORDS OF RIVERSIDE COUNTY.
CHECKED BY SHEET N0,
1*04