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HomeMy WebLinkAbout21178 - RESOLUTIONS - 1/5/2005 RESOLUTION NO. 21178 ' A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF PERMANENT EASEMENT INTERESTS IN A PORTION OF THE PROPERTY KNOWN AS 1700 ARABY DRIVE, PALM SPRINGS, CALIFORNIA, PARCEL MAP NO. 30292 WHEREAS, for the public purposes set forth herein, the City of Palm Springs, California, is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Government Code §§ 37350, 37353, 37350.5 and 40404; and WHEREAS, the "Project" for the purposes of this acquisition consists of acquiring a permanent easement interest to provide a permanent bike path, bus shelter and pedestrian access/sidewalks, and WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City of Palm Springs to acquire a permanent easement interest in a portion of certain privately owned real property commonly known as 1700 Araby Drive, Palm Springs California, 92264, Parcel Map 30292 ("Property") as follows: an easement ' for bicycle path purposes and bicycle uses, including public ingress and egress in the use of the City's master planned bike paths over and across the real property described in Exhibit A and depicted in Exhibit B (hereinafter "Bike Path Easement"); an easement for bus shelter and accessory uses, including pedestrian access, over and across the real property described in Exhibit C, and depicted in Exhibit D (hereinafter "Bus Shelter Easement"); and an easement for sidewalk and pedestrian access purposes, over and across the real property described in Exhibit E and depicted in Exhibit F (hereinafter "Pedestrian Easement") (collectively "Permanent Easements") which are incorporated by this reference; and WHEREAS, on or about November 19, 2004, the City made written offers to acquire the Permanent Easements to the record owners of the Property at an amount that was not less than the appraised fair market value in compliance with Government Code § 7267.2(a), and the owners of the Property have not accepted said offer or otherwise conveyed the Permanent Easements to the City as of the date of this Resolution; and WHEREAS, on December 17, 2004, a Notice of Intention to Adopt a Resolution of Necessity to Acquire a Fee Interest in a Portion of Real Property was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the Property, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing set out in said Notice of Hearing was held on January 5, 2005, at the time and place stated therein, and all interested parties were given an opportunity to be heard on the following matters: (a) Whether the public interest and necessity require the project; Resolution 21178 Page 2 (b) Whether the project is planned or located in a manner which is most ' compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; (d) Whether the offer meeting the requirements of Government Code Section 7267.2 has been given; and (e) Whether all other prerequisites for the exercise of eminent domain to acquire the Property have been met. WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the Permanent Easements. NOW THEREFORE, BE IT RESOLVED, that the City Council, hereby does find, determine, and declare based upon evidence presented to it as follows: Section 1. The facts and conclusions referenced in this Resolution, and the findings made by the City Council herein, are supported by substantial evidence contained in the record of this proceeding. Section 2. The property interest to be acquired consists of the following: an easement for bicycle path purposes and bicycle uses, includingr public ingress and , egress in the use of the City's master planned bike paths over and across the real property described in Exhibit A and depicted in Exhibit B; an easement for bus shelter and accessory uses, including pedestrian access, over and 'across the real property described in Exhibit C, and depicted in Exhibit D; and an easement for sidewalk and pedestrian access purposes, over and across the real property described in Exhibit E and depicted in Exhibit F. Section 3. That the. public interest, convenience, and necessity requires the acquisition by the City of the Permanent Easements for'the Project. Specifically, the public interest and necessity require the Project because: the Bike Path Easement is necessary to permanently increase the safety of bicyclist and motor traffic by removing bicycle traffic from City streets, relieve congestion related to bicycle traffic, and as part of the City's master plan for bicycle paths; the Bus Shelter Easement is necessary to permanently provide pedestrian access to buses, to increase the safety of pedestrians waiting for buses, to provide centralized location for the movement of pedestrians to and from buses, and to provide shelter to pedestrians waiting for buses; and the Pedestrian Easement is necessary to permanently increase the safety of pedestrians by providing' sidewalks and access for the safe movement of pedestrians. The Project is planned and located in a manner which will be the most compatible with the greatest public good and the least private injury, in that the Project is located in areas where the City has already obtained the leasehold interests for bike path, bus shelter and pedestrian easements, the improvements for the Permanent Easements have already been constructed, the Permanent Easements are located in areas that will have the least impact on the owners of the Property while providing necessary public improvements for the public at the ' Property. The acquisition only includes that amount of land and interests necessary for the Project. The taking of the Permanent Easements as described above are necessary for the Project because the improvements and easements cannot be made permanent without the Permanent Easements. The acquisition is authorized by Section 19 of Resolution 21178 Page 3 ' Article 1 of the California Constitution, Section 1230.010 et seq. of the California Code of Civil Procedure, and Sections 37350, 37350.5, 37353, and 40404 of the Government Code. Section 4. The offer required by Government Code Section 7267.2 has been made to the owner of record of the Property, by way of letter dated November 19, 2004, and the City has pursued negotiations thereafter, and negotiations with the owner of the interest in the Property have not been successful. Section 5. The environmental impacts and effects of the Project have been fully addressed and all obligations imposed by the California Environmental Quality Act have been complied with for the Project. Section 6. The City hereby declares its intent to acquire the Permanent Easements in the City's name in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Permanent Easements described herein have been complied with by the City. Section 7. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Permanent Interests in the Property in accordance with the provisions of the ' California Eminent Domain Law and the Constitution of California. ADOPTED this 51h day of January, 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By— City Clerk City Manager G Resolution 21178 Page 4 EXHIBIT A SECTION 25,TAS., RAE., S.B.M. BIKE PATH EASEMENT THOSE PORTIONS OF,LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO: 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00-09'18" WEST, 45.05 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BE-GINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37039'12" WEST; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00°09'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49"AND AN ARC DISTANCE OF 42.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 139.04 FEET TO THE -BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1464.50 FEET, A RADIAL LINE THROUGH,SAID POINT BEARS NORTH 34°03'55" EAST; THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, THE FOLLOWING TWO (2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE OF 436.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38°43'05" EAST, 518.24 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 51016'55" WEST, 6.50 FEET TO THE SOUTHEAST CORNER OF LOT 43 AS SHOWN BY SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 43, NORTH 89°46'12" WEST, 91.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 18040'04" WEST, 1.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04" FAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110°03'01" AND AN ARC DISTANCE OF 67.23 FEET; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOTS 43 AND 42, THE FOLLOWING TWO (2) COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.60 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 V2Y AND AN ARC DISTANCE OF 427.37 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54°56'26" AND AN ARC DISTANCE OF 110.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20052'31" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49" AND AN ARC DISTANCE OF 53.22 FEET TO THE: BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND ( SHEET 1 OF 2 SHEETS W:\Iobs2002\PALM SPRING;i\NORTHWOODSIMAPPING\ESW-BIKEIEXH-ADoc Resolution 21178 Page 5 H/&VING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00°09'18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54" AND AN ARC DISTANCE OF 16.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 00009'18"EAST, 40,33 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.81 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND MY DIRECTION, BASED ON RECORD INFORMATION. 5�° svp� �1 J p PW WP K.FOMOTOR No.7070 EXP.1WIM PHILLIP K. FOMOTOR, P.L.S. EXP. 12/31/06 DF CAL1F°� SHEET 2 OF 2 SHEETS W:Wobs20021PALM SPRINGSWORTHWOODSVAAPPING\ESMT-BIKEIEM-A.Doc ' Resolution 21178 EXHIBIT B SHEET 1 OF 4 SHEETS Page 6 SHEET 2 r---------------, 1 I poe .l SHEET 3 I 1 SCALE 1"=200' 1 I �q SHEET 4 ID 1 1 J`J,---- ---� I 1 0 \ 1 I I r — I I L----------------J I MORONGO TRAIL LEGEND — — EXISTING CENTERLINE — — — EXISTING LOT LINE IANd THIS DOCUMENT WAS PREPARED _ ____ ((PHIL14DJ BY ME OR UNDER MY DIRECTION, —— VACATED RIGHT OF WAY � BASED ON RECORD INFORMATIONBIKE PATH EASEMENTqiEXISTING LOT NUMBER RAO RADIAL LINE ��P PHIL P K. F MOTOR, P.L.S. §\,Iob�p02\ ALM SPR W\fVWA=\w PW\EsxFID aoa IE\0M- vlj i012V 4A Ne PH PDT _ Resolution 21178 EXHIBIT B SHEET 2 OF 4 SHEETS Page 7 CURVE TABLE CURVE DELTA RADIUS LENGTH ' Ci 3729'54" 25,00' 16.36' C2 21'01'49" 115,00' 42.21' C3 5456'26" 145.00' 139,04' \ C4 1711'23". 1454.50' 436.37' C5 1711'23" 1424.50' 427.37' C6 5456'26" 115.00' 110.27' \AS'j p C7 21'01'49" 145,00' 53,22' .4� C8 37'29'54" 25.00' 16.36' M I ao \ \}'pN c ., Ilk w �w w M co � p �.j \ 0cn �M¢ low a90 �TG� �v W Cl C� . JO~' W .03 W io C Z Gg I\ C7 0 DO Q� I Nfa .1a4 CV it a c x cs Z I Z 7.50' RIGHT OF WAY VACATION BY CITY ` OF PALM SPRINGS PER RESOLUTION 30' I 20356, RECORDED 6/28/2002 AS INSTRUMENT NO, 2002-359614. I i a ►� RS 32/ 0 9=9Oo w w �\ SCALE 1"=50' w I — LAND THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION, v �7 PHILLIP K.FOMOTOR No.7070IM/ EXP.12/31/O6 SEE SHEET 1 FOR' LEGEND "fir 1�`P PHILLIP K. M V&N VRINGTMTWIWWPPING\E$KT-1U\E*R-4*c 10/23/2M3 10410 AN PDT_ �of cALtiFa�` EXP. 12/31/OBOTOR, P.l„S. N Resolution 21.178 EXHIBIT B SHEET 3 OF 4 SHEETS I Page 8 W \ ' S W h� 1n SCALE 1"=50' wiLo o \ \ ,j! ol� \\ C 7� \ 1Rs W W \� s0' ' W 42 6 \ W� 7.50' RIGHT OF WAY VACATION BY CITY— \ 0-0 OF PALM SPRINGS PER RESOLUTION ` ¢LO W \ 20356, RECORDED 6/28/2002 AS yd \\ �Z cn INSTRUMENT NO. 2002-359614. \ \ N51'15'18LE,/ \ \ RAD LAW, THIS DOCUMENT WAS PREPARED (PHILL SG�L BY ME OR UNDER MY DIRECTION F� BASED ON RECORD INFORMATION, �1JP K.FOMOTOR o.7070%P.12f31MU SEE SHEET. 1 FOR LEGEND o ORl PHILLIP K. FOMOTOR, P.L.S. F CAIIF EXP. 12/31/06 �ti.lobsE002�PAU1 S�tlIGSV✓DITNVQI�S�MMPUIG�ESMT-YIXE�E1a1B2-/dr0 I0/23/2W3 104L23 NI PDT _- Resolution 21178 EXHIBIT B SHEET .4 OF 4 SHEETS Page 9 CURVE TABLE _ �C CURVE DELTA RADIUS LENGTH C1 1711'23" 1454.50' 436.37' C2 110'03'01" 35.00' 67.23' C3 1711'23" 1424.50 427.37' \ \ w \ Ir o: ra�rjj / \\\ SCALE 1"=50' wti \ = s�`�o \\ yes \ C1,9y� \ 0+ Zr- RP\ S 32/ 8 g-90o \ \ \ 7.50' RIGHT OF WAY VACATION BY CITY \\ OF PALM SPRINGS PER RESOLUTION \ 20356, RECORDED 6/28/2002 AS \ \ INSTRUMENT NO. 2002-359614. SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED \ 0a SCR BY ME OR UNDER MY DIRECTION, N1$'40'04"W N \ BASED ON RECORD INFORMATION, RAD 1.85 C f 9, \ PHILLIP K.FOMOTOR \ No. 7070 N89'46'12"W 91,.47' exP.,aro,roe N5116'55"E• Fo oQ PHILLIP K. FOMOTOR, P.L.S. , F=CAI.VF EXP. 12/31/06 NW06s=\PAL4 14/M anm JWM Au nnr Resolution 21178 Page 10 EXHIBIT C SECTION 25,TAS., RAE.,S.B.M. BUS SHELTER EASEMENT THAT PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 27*16'17" EAST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2012'38" AND AN ARC DISTANCE OF 55.87 FEET TO THE: TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1013'36"AND AN ARC DISTANCE OF 31.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 30005'43" WEST, 11.52 FEET; THENCE NORTH 5905417" WEST, 31.00 FEET; THENCE NORTH 31005'43"EAST, 11.52 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.01 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER 00 LAND MY DIRECTION, BASED ON RECORD INFORMATION. yE° S&I QA n PHI W P K.FONIOTOR No.70r0 � EXP.11l31/OB PHILLIP K. FOMOTOR, P.L.S. P�'P EXP. 12/31/06 °k CAL''F° t SHEET 1 OF 1 SHEETS W:Uobs2002XPALM SPRINGS\NORTHWOODS\MAPPING\ESMT-BUSIEM-ADoo Resolutoin 21178 EXHIBIT D SHEET 1 OF 1 SHEET Page 11 / SCALE 1"=30' Aqt 0 j i �A8 00 S <; 00' /� �Q Gp N30'05'43"E 00 / ? 11.52' Q I 9s • � N30'05'43"E 11.52' I 42 Rs 32/89-90 I IFS -- — --- EXISTING CENTERLINE — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED o SG BY ME OR UNDER MY DIRECTION, VACATED RIGHT OF WAY \'`'� Rp BASED ON RECORD INFORMATION. BUS SHELTER EASEMENT PHILLIP K.POMOTOR 42 EXISTING LOT NUMBER No,7070 RAD RADIAL LINE EXP.11310 \P -- TF OP pp1 IF a PHILLIP K. FOMOTOR, P.L.S. Vl\.W2002\PALN SPRINGS\NIIRTNVUS\NAPPING\ESNs-PA\EXHB*a 11/17/2003 163666 AN PST EXP. 12/31/06 Resolution 21.178. Page 12 EXHIBIT F" SECTION 25,TAS., RAE., S.B.M. PEDESTRIAN EASEMENT THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 69 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00°09'18" WEST, 85.38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37020'36" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET; THENCE SOUTH 89°50'42" EAST, 24.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 147.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09°18'26" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11034'05"AND AN ARC DISTANCE OF 29.68 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0057'01" AND AN ARC DISTANCE , OF 1.87 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 60°55'47" WEST; THENCE SOUTHERLY, EASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 267020'20" AND AN ARC DISTANCE OF 67.66 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 09016'24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'54"AND AN ARC DISTANCE OF 40.00 FEET;THENCE NON-TANGENT TO SAID CURVE, NORTH 86°00'30" EAST, 6.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14021'46" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19042'10" AND AN ARC DISTANCE OF 39,.55 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY,THE FOLLOWING TWO (2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011'23"AND AN ARC DISTANCE OF 427.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38°43'05" EAST, 426.11 FEET TO THE , BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48024'55" AND AN ARC DISTANCE OF 29.58 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 51016'55" EAST, 41.77 FEET; THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, SOUTH 38043'05" EAST, 5.00 FEET; THENCE SOUTH 51016'55" WEST, 49.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 65°44'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47004'20" AND AN ARC DISTANCE OF 28.76 FEET; THENCE NORTH 18040'04" WEST, 5.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18°40'04" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A SHEET 1 OF 2 SHEETS W:Uobs2002APALM SPRINGSWOfITHW00DS\MAPPING\ESMT-PEDESTRIEXH-A.Doc Resolution 21178 Page 13 L-X 11 1J 1 fi 17 r e- CENTRAL ANGLE OF 110003101"AND AN ARC DISTANCE OF 57.62.FEET; THENCE PARALLEL TO AND 28.60 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY,THE FOLLOWING TWO(2)COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1419.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 51015'98" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011'23"AND AN ARC DISTANCE OF 425.87 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19016'49" AND AN ARC DISTANCE OF 37.02 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 61010'07" WEST, 13.59 FEET; THENCE NORTH 2200VOW WEST, 7.9.7 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 108.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07000'03" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11024122"AND AN ARC DISTANCE OF 21.50 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE THROUGH SAID POINT SEARS NORTH 64011'08" EAST; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 203044'58" AND AN ARC DISTANCE OF 69.34 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 152.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18008'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8059'25" AND AN ARC DISTANCE OF 23.85 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89050'42" WEST, 24.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49032'45" AND AN ARC 'DISTANCE OF 17.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 00009'18" EAST,6.86 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINS 0.14 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY tAN° ME OR UNDER MY DIRECTION, 5ti° SG BASED ON RECORD INFORMATION. PHi W P K.FOMOTJR No.7070 No. 0708 PHILLIP K. FOMOTOR, P.L.S. of cnue° EXP. 12/31/06 SHEET 2 OF 2 SHEETS W:Wolu2002WALM SPRINGSWORTHWOODSIMAPPINGIESMT-PEDESTRIEXH-A.DoG Resolution 21178 EXHIBIT F' SHEET 1 OF 4 SHEETS Page 14 A SHEET 2 /I SHEET 3 142 A=17'11'23" 1 _ i `1� R=1424.50' 'r W 14 L L=427.37' > m 1 42 `\ � SCALE ,"=200' a Q I A-17'11'23" R=14 .50' I L=425.87' � � y`�B. `•�'�• Di`� SHEET 4 I I MORONGO TRAIL IFS — — EXISTING CENTERLINE — — — — EXISTING LOT LINE ———————— VACATED RIGHT OF WAY r/////] PEDESTRIAN EASEMENT 42 EXISTING LOT NUMBER 7.50' RIGHT OF WAY VACATION .BY CITY LAND THIS pOCUMENT WAS PREPARED Q OF PALM SPRINGS PER RESOLUTION y0�D BY ME OR UNDER MY DIRECT0 20356, RECORDED 6/28/2002 AS o}' BASED ON RECORD INFORMATIONINSTRUMENT NO. 2002-359814. PHILLRAD RADIAL LINENIf' E�FCAUF° PHIWP K. FOMOTOR, P.LS. °r-\J*s2oWALN sPRiHCs�HumiVmnswnP WEsxrMSTR\Mfl-l.dgn 142a� 3 9eM M POT EXP. 12/31/06 Resolution 21178 EXHIBIT F SHEET 2 OF 4 SHEETS Page 15 G• . / \ � FAST A o• �M \, \ cgNrON \ F M 42 (n 00 K) 00 l I 00 W 100 rx wl I OR ZI \� �4` 0 0\ p �rn z Z\ `r,\\ri� CIN PO I �• in v1 to, •`� � �QoC6 I lN8924,17'"W 1� C2 G1 N87'56'06"E I" RAD L'' Cg I }N69'50'42"W C8 M ram/ o 24.58' v C4 , 'CE"�C,� a Q 00°O ? �rn� r1 C� x w C.I Z ti 42 I w 1n CURVE TABLE LINE TABLE CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH C1 37'29'S4" 25.00' 16.36' Li N86'00'30"E 6.97' C2 11'34'05" 147.00' 29.68' L2 N61110'07"E 13.59' C3 0057'01" 113.00' 1.87' L3 N22'02'06"W 7.97' I C4 267'20'20" 14.50 67,66' ' C5 2016'54" 113.00' 40.00' LAND S THIS DOCUMENT WAS PREPARED �0 6 BY ME OR UNDER MY DIRECTION, 1 C6 11'24'22" 108.00' 21.50' ��'' ��F� BASED ON RECORD INFORMATION. C7 203'44'58" 19.50' 69.34' $ SCALE 1"-20' C8 8'59'25" 152,00' 23.85'. PHILLIP K FOMOTOR C9 49'32'45" 20.00' 17.29' No.7070 EXP,42131M SEE SHEET 1 FOR LEGEND N�'F o�X% PHILIP K. FOMOTOR, P.LS. �p CAL1F NVcbc20G2V'ALM EPRINGSVpRTHVIpDSW�PPING\ESHT-PFDESTR\WIB2.4,ehc 10/23/203 SOT EXP. 12/31/06. Rbsolution 21178' EXHIBIT SHEET 3 OF 4 SHEETS Page 16 N w \ pq< \ (nLLJ \\ (wn \\\ \ C� �' � \\ i Off, R,r150o9. (`O" Q hh \ R, 3 9'761 �31 e� 49 a W o/ 2• \\ \\ N \ �3• ,f \\ A R�7R SO• \ ,9S0• CAA 2) 42 RS 32/ o 9=9 2se,. N Ld SCALE 1"=20' w fn i IANb THIS DOCUMENT WAS PREPARED (, y0� SG� BY ME OR UNDER MY DIRECTIOt� \�4y' �� BASED ON RECORD INFORMATION v 7� PHILLIP K.FOMOTOR No.7D7o pw :SEE SHEET 1 FOR LEGEND m�r� de�`P PHILLIP K, FOMOTOR, P.L.S. Op cAL�P EXP. 12/31/06, :'Vnbs2�2WALN SPRINGS'JUtTIM1ImQS\NAPPING�ESXT�E�ESTR�EM{IB2-/�d�0 10/P3/Z003 L2Wl NI POT 'F2esolution 21178 EXHIBIT F SHEET 4 OF 4 SHEETS Page 17\ \ SCALE 1"=20' w �� \ 1 \ � ��1r. 0 ti cn \ \ N38'43'05"W 5.00' RS 32/ o g-9Oo N80'18'090 W g5F \\ 2 Rqp `�� `\ 43 N18'40'04"W FAO \ RAID 5.00' SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED CURVE TABLE 00 19 BY ME OR UNDER MY DIRECTION, CURVE DELTA RADIUS LENGTH F BASED ON RECORD INFORMATION. C1 4824'55" 35,00` 29.58' PHILLIP K.POMOTOR C2 47'04'20" 35,00' 28.75' No.7070 C3 110@03'01" 30.00' 57.62' FxP.1�,roe a �. rR Op CA41p°e`' PHIWP K. FOMOTOR, P.L.S. EXP. 12/31/06 vnJnhsM\PAU(span+GSUnenlv=$\KA PuaG W-KXSTR\RW-+.dm 1012V a3 WWI AN nm