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Home My WebLink About3/7/2001 - STAFF REPORTS (17) DATE: March 7, 2001 TO: City Council FROM: City Engineer BISNAGA AVENUE RIGHT-OF-WAY VACATION RECOMMENDATION: That the City Council adopt a resolution vacating 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, under the provisions of Chapter 3, Part 3, Division 9 of the Public Streets, Highways and Service Easements Vacation Law, of the Streets and Highways Code of the State of California. 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 completes the process the Council must follow in considering the proposed public right-of-way vacation. BACKGROUND: On February 7, 2001, City Council adopted Resolution No. 19983 declaring its intention to vacate a portion of the right-of-way dedicated for that public street named Bisnaga Avenue and scheduled a public hearing for March 7,2001, to hear all persons interested in or objecting to the said right-of-way vacation. 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. Notices of the right-of-way vacation have been posted within the vacation area, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. Requests have been received by public utility companies for reservation of a public utility or access easement within the vacation area. If the City Council desires to approve the proposed right-of-way vacation, adoption of the attached Resolution will vacate and close to public use the proposed portion of Bisnaga Avenue. cif DAVID J. BARAKIAN City Engineer APPROVE City Manager ATTACHMENT: 1. Resolution lift No 7264 P9!J` / CITY OF PALM SPRINGS RESOLUTION NO. yOFP OF THE CITY COUNCIL OF TH THE CITY OF PALM SPRINGS CALIFORNIA DECLARING ITS r, t",O 1J INTENTION TO 4ACATE ITS RIGHT TITLE AND INTERESTS IN A PORTION OF THE RIGHT-OF- WAY DEDICATED FOR THE PUBLIC STREET I(j Z NAMED BISNAGA AVENUE LYING SOUTH OF CHOLLA PLACE,IN SECTION 2.5,TOWNSHIP 4 C SOUTH, RANGE 4 EAST; FILE R-00-053. CO WHEREAS, the City Council of the Cdy of Palm F�Q( Springs, California, is authorized by the Public �f�RK PROOF OF PUBLICATION Streets, Wghwayys and Service Easements Vaca- tion Law, Part 3, Division 9 of the Streets and /�O�C.�.�.�.P\ Highways Code of Pthe State of California,to va- 1 J ) cafe and close to I_ublic use streets or arts of streets, within the Imits 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 Bisna- qqa Avenue lying south of Cholla Place, in Section 25, Townshi 4 South, Range 4 East, a street within the Q of Palm Springs, County of River- side, State o Caeforma NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: i Section 1,That the City Council does hereby sig- nify and declare its intention to vacate that por- tion 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 pproposed to be vacated at not more than 300 FOct intervals, but not less than 3 in all on said STATE OF CALIFORNIA portion of street.Such notices shall state the pas- County of Riverside _ - sage of this Resolution of Intention, and ethheand time - - ,objecting to propoe vacation. Section 3 (�)n Me 7th day of March, 2001, at the hour of 700 P.M, in City Council Chambers lo- cated at 3200 E. Tahgwtz Canyon Way, Palm Springs, Callon-la, being, and the same is here- by, fixed as the time and place of hearing any and all persons interested in or oblecbng to the proposed street vacation,said time being not less han 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 I am a citizen of the United States and a resident of e322 of the stmets and Highways Code. ADOPTED this 7th day of February,2001, the County aforesaid;I am over the age of eighteen i AYES me . Members Jones, Oder, Reiter-Spurgin and or Kleindienst years,and not a party to or interested in the NOa. None above-entitled matter.I am the clerk of a ABSENT: Member Hodges principal ATTEST: CITY OF PALM SPRINGS,CALIFORNIA printer of the,DESERT SUN PUBLISHING /slPatncia A Sanders/a/David H.Ready Qty Clerk City Manager COMPANY a newspaper of general circulation, REVIEW AND ADOPTED AS TO FORM: printed and published in the city of Palm Springs, EXHIBIT "A" County of Riverside,and which newspaper has been - adjudged a newspaper of general circulation by the • °" �� Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case Number 191236;that the notice,of which theIIT annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular I and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: February 12th77 - 4"" .' ------_-------_-------_------------_____-------_---------------- LEGAL DESCRIPTION: PARCEL 1: ALL THAT PORTION OF LOT"G", BISNAGA AVE- All in the year 2001 MAPS BO RECORDED IN OK3 ATOF THE APAGES BIBY TAND 62,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DE- SCRIBED AS FOLLOWS I certify(or declare)under penalty of perjury that the BEGINNING AT THE NORTHEAST CORNER OF LOT 14, BLOCK D OF SAID ARABY TRACT AND foregoing is true and correct. A POINT ON THE WESTERLY g LINE OF SAID LOT 12th ALONG THE COMMONTH 1 dLl E BETWEEN SAID Dated at Palm Springs,s,California this-------------day LOTS 14 AND "G' A DISTANCE OF 80 00 FEET P g TO THE SOUTHEAST CORNER OF SAID LOT 14. February THENCE SOUTH 78degrees-56'-55" EAST A DIS- TANCE OF 40.00 FEET TO THE EASTERLY LINE ot---------------------------------------2001 THOF SAID LOT "G'; ENCE NORTH 1ldegrees-03'-05" EAST ALONG THE EASTERLY LINE OF SAID LOT "G" A DISTANCE OF 80 00 FEET, X 1 I(I THENCE NORTH 78degrees-56'-55" WEST A VnJ l - DISTANCE OF 40 00 FEET TO THE NORTHEAST CORNER OF SAID LOT 14 AND THE POINT Signature BEGINNING. g PARCEL 2: ALL THAT PORTION OF LOT"G",BISNAGA AVE- NUE, OF THE ARABY TRACT AS RECORDED IN MAP BOOK 13 AT PAGES 61 AND 62,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DE- SCRIBED 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 degrees-OT-05" WEST ALONG THE COMMON LINE BETWEEN SAID LOTS 13 AND "G" A DISTANCE OF 90.00 FEET TO THE `-il TT- eT rnl`P OF e "1 I OT 1- RESOLUTION NO. 20003 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 THE 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 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 February 7, 2001, the City Council did adopt Resolution No. 19983 declaring its intention to vacate and close to public use that portion of the right-of-way dedicated for the public street named Bisnaga Avenue, and the City Council did post notice as required by the statute, and did hold its public hearings 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 street named Bisnaga Avenue, being the vacated area described and shown on Exhibit"A"and"B"attached hereto and made a part hereof, and the need therefor for present and 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 portion of public roadway is unnecessary for present or prospective public use. Section 2. That, subject to Section 3, the City Council does hereby vacate and abandon all the City's right, title and interest in that portion of right- of-way dedicated for the public street named Bisnaga Avenue, as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, a public street within the City of Palm Springs, County of Riverside, State of California. Section 3. That the City of Palm Springs reserves and excepts from the foregoing vacation an easement to operate and maintain sewers, drains, pipelines, cables, wires or any other easement of any governmental agency or utility corporation existing in, under, orover the vacated area, unless quitclaimed or released by the owner thereof. Section 4. 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. Res. 20003 Bisnaga,Ave._R/W Vacation March 7, 2001 Page 2 ADOPTED this 7th day of March , 2001. AYES: Councilmembers Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: �w4 � 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 110-03'-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 110-03'-05"WEST ALONG THE COMMON LINE BETWEEN SAID LOTS 13 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 780-56'-55"WEST A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 13 AND THE POINT OF BEGINNING. PREPARED BY SANB A/E, Q�GyS;SAN80 0'. (b.LS1146 — * 6R63G01 JO 0 L. SANBORN, PLS 12 4/00 W000-225 �_ UP CAL% l y� '� EXHIBIT " B " w BLOCK "D" c Q Q ARABY TRACT LOT 15 Q LOT 6 M . B . 13/61-62 P.O.B. O (j) PAR. 1 ti O m N 05°30'OB"E 101.86 3 131.57 0 N g2'S7'45"E o o 0 w m o w 1 m > o 'LOT 14Lu O LOT 7 ° o M PPPG i m 6 O Q O } J Q N 89°34'35"W 90.61 u' Q O N 02°23'20"E 110.36 z P.O.B. o g PAR. 2 LOT B LOT 13 m to 2 o W QP m 0 N )6°10'1g„W 2 I8p.o@ z DATA CO O DELTA REARING RADIUS LEN./DIST. TANGENT Oi N 05°47'55"W 20.25 E. PALM CANYON OR, O2 4°07'20" 691.51 49.75 24. 99 3 N 70°56'55"W 40.00 O4 N 76° 10'19"W 40.05 m a a %,SA ao �� CHOLLA PL. 4 *a, 92 � o�pP ftLS4146 � BISNAGA AVE. * ' E* � SMOKEWOOD AVE. SITE ARABY DR. \ Up CALIV: DEPT, OF PUBLIC WORKS CITY OF PALM SPRINGS ENGINEERING DEPARTMENT VACATION PLAT RN A/E INC . 6a 1 , LEGAL DESCRIPTION H L . SANBORN ATE A PORTION OF LOT O OF BLOCK D AS SHOWN ON ARABY TRACT 1 • L . S . 4146 ON FILE IN MB 13 PAGES 61 AND 62. IN SECTION 25 T4S, R4E, OESIGN 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