HomeMy WebLinkAbout21442 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING
DEDICATIONS OF RIGHT OF-WAY FOR BOGERT TRAIL
FROM PROPERTY OWNERS WITHIN ANDREAS HILLS
PHASES 4 AND 5, TRACT 8132, SECTION 1, TOWNSHIP
5 SOUTH, RANGE 4 EAST, AND THE DECLARATION OF
BOGERT TRAIL BETWEEN REDFORD DRIVE AND
ANDREAS HILLS DRIVE AS A PUBLIC STREET.
WHEREAS, KWL Associates, representing Andreas Hills, Inc., submitted Tentative
Tract Map 8132 to Riverside County, to develop the final two phases (Phases 4 and 5)
of the Andreas Hills development, including a segment of Bogert Trail between Redford
Drive and Andreas Hills Drive as a 37 feet wide private street;
WHEREAS, Tentative Tract Map 8132 was approved by the Riverside County Board of
Supervisors on October 14, 1976; and
WHEREAS, the Andreas Hills area was annexed into the City of Palm Springs by official
action taken on October 6, 1976, by the City Council, and recorded on December 1,
1976; and
WHEREAS, the City Council approved a final map for Tract No. 8132 on April 20, 1977,
whereon Bogert Trail is shown as a 37 feet wide private street, recorded in Map Book
90, Pages 50 to 51, official records of Riverside County; and
WHEREAS, all streets within the Andreas Hills area are publicly dedicated and
maintained streets, except for the segment of Bogert Trail within Tract No. 8132 and
Phases 4 and 5 of the Andreas Hills development; and
WHEREAS, the segment of Bogert Trail within Tract No. 8132 identified as a private
street is physically open to public use, and has been historically used by the public
without interference or obstruction by property owners within Phases 4 and 5 of the
Andreas Hills development; and
WHEREAS, the Home Owners Associations of Phases 4 and 5 of the Andreas Hills
development initiated consultation with City staff in December 1992 regarding
dedication of the segment of Bogert Trail within Tract No. 8132 to the City of Palm
Springs; and
WHEREAS, over a period of 11 years, various City staff coordinated with the Home
Owners Association of Phases 4 and 5 of the Andreas Hills development to discuss the
factors affecting staffs recommendation to accept or reject the dedication of the
segment of Bogert Trail within Tract No. 8132, including: materials investigation of the
construction of the street, and its compliance with minimum construction standards for a
Resolution No. 21442
Page 2
local public street; dedication of a full, 50 feet wide local street; creation of non-
conforming structures with regard to front yard setbacks to the dedicated public street;
and the horizontal and vertical alignment of the street and its conformance with
minimum standards for local public streets; and
WHEREAS, on September 12, 2003, City staff met with representatives from the Home
Owners Association of Phases 4 and 5 of the Andreas Hills development and discussed
the factors affecting staffs recommendation to accept or reject the dedication of Bogert
Trail; and
WHEREAS, a geotechnical investigation of the materials and construction of Bogert
Trail within Tract No. 8132 was performed on behalf of the City, and identified that the
construction met minimum construction standards acceptable to the City Engineer; and
WHEREAS, City staff reconsidered the need for a full, 50 feet wide local street right-of-
way due to the existence of a privately maintained drainage channel immediately
adjacent to Bogert Trail within Tract No. 8132, and considering the allowance for
reduced local street rights-of-way as stated by General Plan Policy 7.1.1 (b) "Hillside
Area & Private Streets (Local)", which indicates that the width of the right-of-way may be
decreased to a minimum of 36 feet; and
WHEREAS, the proposed dedication of Bogert Trail to the City of Palm Springs as a '
public street will create a new property line, and reduce existing front yard setbacks to
some existing condominium units and their accessory structures below the minimum
required setback for the underlying R-1-C Zone; and
WHEREAS, on February 20, 2004, the City Council considered the proposed dedication
of Bogert Trail, and gave City staff direction to proceed with the proposed dedication,
pursuant to the deposit of funds with the City for an installation of a slurry seal over
Bogert Trail within Tract No. 8132, or the slurry seal of Bogert Trail by the Home
Owners Association of Phases 4 or 5; and
WHEREAS, the Home Owners Association for Phase 4 of the Andreas Hills
development deposited the sum of $3,488.32 with the City, acceptable to the City
Engineer, representing the cost to install a slurry seal over its portion of Bogert Trail
within Tract No. 8132; and
WHEREAS, the Home Owners Association for Phase 5 of the Andreas Hills
development installed a slurry seal over its portion of Bogert Trail within Tract No. 8132,
acceptable to the City Engineer; and
WHEREAS, as a result of the dedication of Bogert Trail to the City of Palm Springs,
legal non-conforming structures will be created, and it is the intention of the City Council
to allow replacement of existing structures in their current location, provided existing ,
front yard setbacks to Bogert Trail are maintained; and
Resolution No. 21442
Page 3
WHEREAS, each of the 30 individual property owners within Phase 4 of the Andreas
Hills development, and each of the 18 individual property owners within Phase 5 of the
Andreas Hills development have collectively executed Grant Deeds to convey their
common interests to Bogert Trail within Tract No. 8132 as a public right-of-way to the
City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Sectionl. The City Clerk is hereby authorized to accept each and every Grant Deed
executed by property owners within Tract No. 8132 conveying their common interests to
Bogert Trail within Tract No. 8132 as a public right-of-way to the City of Palm Springs as
described on Exhibits "A-1" and "A-2" and shown on Exhibits "B-1" and 'B-2", attached
hereto and made a part hereof; and is hereby directed to cause to have recorded with
the Riverside County Recorder each and every Grant Deed dedicating Bogert Trail to
the City of Palm Springs as a public street.
Section 2. Upon acceptance by the City Clerk and recordation of each and every
Grant Deed executed by property owners within Tract No. 8132, the City Council hereby
declares the portion of Bogert Trail within Tract No. 8132 as described on Exhibits "A-1"
and °A-2" and shown on Exhibits "B-1" and "B-2", attached hereto and made a part
hereof, as a public street, open to public use.
Section 3. The Director of Planning Services is hereby directed to process a
Variance, in accordance with Chapter 94,06.00 of the City of Palm Springs Zoning
Code, to address the reduced front yard setbacks to existing condominium units and
their accessory structures to Bogert Trail within Tract No. 8132, and the underlying R-1-
C Zone, caused by the dedication of Bogert Trail within Tract No. 8132 to the City of
Palm Springs as a public street.
Section 4. The Director of Public Works/City Engineer is hereby directed to install a
3-way stop controlled intersection at Bogert Trail and Andreas Hills Drive, and to install
other traffic control measures as may be deemed necessary by him to provide adequate
sight distance at the intersection.
ADOPTED THIS 1g1h day of October, 2006.
David H. Ready, City M er
ATTEST:
?esThompson, City Cler
Resolution No. 21442
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21442 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 19, 2005, by the
following vote:
AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and
Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
es Thompson, City Clerk
ity of Palm Springs, California
i
1
Re5olution No. 21442 EXHIBIT "A- I "
Page 5
DEDICATION OF
RIGHT-OF-WAY
LEGAL DESCRIPTION:
BEING A PORTION OF LOT 1, OF TRACT MAP 8132, IN THE CITY OF PALM SPRINGS, STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, AS SHOWN IN MAP BOOK 90, PAGES 50 AND 51 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF REDFORD DRIVE AND BOGERT TRAIL AS SHOWN ON
SAID MAP, THENCE SOO'21'00"E, A DISTANCE OF 43.00 FEET ALONG THE WESTERLY LINE OF
SECTION 1, TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE N89'39'00"E, A DISTANCE OF 32.50 FEET;
THENCE S02'53'36"E, A DISTANCE OF 103.17 FEET TO A POINT ON A TANGEANT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 81.50 FEET;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
80'47'05 AN ARC LENGTH OF 114.91 FEET;
THENCE S83'40'41"E, A DISTANCE OF 75.56 FEET TO A POINT ON A TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1052.00 FEET;
THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'56'48",
AN ARC LENGTH OF 237.71 FEET;
THENCE S70'43'53"E, A DISTANCE OF 256.00 FEET TO A POINT ON A TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 777.00 FEET;
THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11,03'38
AN ARC LENGTH OF 150.00 FEET;
THENCE S30'19'46"W, A DISTANCE OF 37.00 FEET, TO A POINT ON A NON--TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 740.00 FEET WITH A RADIAL TO SAID POINT
BEARS AT N30'19'46"E, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 11'03'38", AN ARC LENGTH OF 142,85 FEET;
THENCE N70'43'53"W, A DISTANCE OF 256.00 FEET, TO A POINT ON A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1015.00 FEET;
THENCE CONTINUING WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'56'48",
AN ARC LENGTH OF 229.35;
THENCE N83'40'41"W, DISTANCE OF 75.56 FEET, TO A POINT ON A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 118.50 FEET;
FILE NO.:
R-04--035
SHEET NO.;
1 OF 2
Resolution No. 21442 EXHIBIT "A 1
Page 6
DEDICATION OF
RIGHT-OF-WAY
LEGAL D SCRIPTION CONT.
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
83'19'41". AN ARC LENGTH OF 172,34:
THENCE NOO'21'00"W, A DISTANCE OF 99.45 TO THE TRUE POINT OF BEGINNING.
? OFFSSIONAi
No Cr?_8931
Exp 03-31-2007
'ST C I V I
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DATE A ds
RLE NO.:
R-04-03
SHEE: NO.:
20F 2
Resolution No. 21442
Page 7 EXHIBIT "A-Z"
DEDICATION OF
RIGHT-OF-WAY
LEGA DES RIPTION:
BEING A PORTION OF LOT 2, OF TRACT MAP 8132, IN THE CITY OF PALM SPRINGS, STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, AS SHOWN IN MAP BOOK 90, PAGES 50 AND 51 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF LOT "A" ALSO KNOWN AS ANDREAS HILLS DRIVE,
AS SHOWN ON SAID MAP, SAID POINT ALSO BEING THE BEGINNING OF A CURVE AND THE TRUE POINT OF BEGINNING;
SAID CURVE IS CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 175.29 FEET WITH A RADIAL
TO SAID POINT BEARS N57'45'17"W, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 28'56'54" AN ARC LENGTH OF 88.56 FEET;
THENCE S03'17'49"W, A DISTANCE OF 125.00 FEET TO A TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 168.50 FEET;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
48'11'19", AN ARC LENGTH OF 141.72 FEET, TO THE POINT OF A TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 108.50 FEET;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
71'20'40", AN ARC LENGTH OF 135.10 FEET, TD THE POINT OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 547.50 FEET;
THENCE CONTINUING NORTHWESTERLY ALONG SAI❑ CURVE THROUGH A CENTRAL ANGLE OF
32'27'44 AN ARC LENGTH OF 310.20 FEET, TO A POINT OF A REVERSE CURVE, CONCAVE:
SOUTHWESTERLY, HAVING A RADIUS OF 231.50 FEET;
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23'37'09", AN ARC LENGTH OF 95.43 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 740.00 FEET;
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11'20'38", AN ARC LENGTH OF 146.51 FEET;
THENCE N30'19'46"E, A DISTANCE OF 37.00 FEET TO A NON—TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 777.00 FEET WITH A RADIAL TO SAID POINT BEARS AT
N30'19'46"E, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11'20'38", AN ARC LENGTH 153.83 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 268.50 FEET;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23"37'09", AN ARC LENGTH 110.68 FEET, TO A POINT OF A REVERSE CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 510.50 FEET;
THENCE CONTINIUNG SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
32'27'44", AN ARC LENGTH OF 289.24 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 71.50 FEET;
RZ NO..
R-04-035
SWEET NO.-
1 OF 2
Resolution No. 21442 EXHIBIT "A-2°
Page 8
DEDICATION OF '
RIGHT-OF-WAY
L GAL U SCRIPTION:
THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
71'20'40", AN ARC LENGTH OF 89,03 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 131.50 FEET;
THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4811'19
AN ARC LENGTH OF 110.60 FEET;
THENCE NO3"174VE, A DISTANCE OF 125.00 FEET, TO A POINT OF A TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 196.24 FEET;
THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28-56*54", AN ARC LENGTH OF 99.15 FEET;
THENCE N32'14'43"E, A DISTANCE OF 3.60 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 24.50 FEET;
THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39-12*31", AN ARC LENGTH OF 16.77 FEET, TO A POINT ALONG THE SOUTH LINE OF SAID LOT
�A.
THENCE LEAVING SAID POINT S48'11*17"E, A DISTANCE OF 40.95 FEET TO THE POINT OF
BEGINNING.
p�pFFSSIONq�
B4 / EGG
9i
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a
i
No C-28931
Exp 03-31-2007
C I V I
qr� or GP FC
PATE:
1LE NO.:
R-04-035
SHUT NO.:
20F2
Resonation No. 21442
Page 9 EXHIBIT "B- 1"
I
LINE DATA
TM 5228 0 DELTA LENGTH RADIUS
w
MB 79 74-75 1 500'21'00"E 43.0V
m 2 N8939'00"E 44.00'
t 3 WTV05" 114.91' 81.50'
T p.o.c. 4 1256'48" 23771' 1052.00'
5 11'03'38" 150-00' 777.00'
I ---REDFORD DRIVE —• —
y� s s30-19'46"w 37.00'
�LP.O.B. 11V3'38- 14R85' 740,00'
2 - ---�•�•W � 8 12,56'48" 2291.35' 1015A0'
'e 9 93-19.41" 17234' 118.50'
u
sl
Iu
• iX' TM 8132
"• M8 90 50-51
LOT 1
I
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\ 75.56•
SB340'41'E
BOGERT TRAIL
75.56•
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PARCEL A 37'
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wssT Y. COR * No C-28931
SEC. I T.B.S. Exp.03-31-2007 Ra
`s, C I V 1�- O�\F-
E OF cAUt
DATE -3 77dS
oAl*
CITY OF PALM SPRINGS DEDICATION OF
PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY
DEPARTMENT
LEGAL DESCRIPTION- DESIGN BY. SCALE ME NO.:
JRM 1" = 100' R-04--035
SEE EXHIBIT "A-i" CHECKED Br: DATE SHEET NO.:
DJB 7/29/04 1 OF 1
Resolution No. 21442
Page 10 FESSIUNA( EXHIBIT "B-2N
PRO
f/ \
NO C-28931
Exp.03-31-2007 \ \••9i(. \_
Sp CIVIL R��P •\ \\�`'Fq \
qTf OF
Z � CpT�i�Cs �•
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�9 DATE'
® TM 8132 ••\ 33, \, •�
_ MB 90 50-51 \,
LOT 2
a6 , I LP.0.9.
\_ 1 SE COR. OF
6 LOT 'A'
05 \\ ARCEL A
,\ wig
o I a
LINE DATA \ BOGERT TRAIL I "
O DELTA LENGTH RADIUS
\ I S
Q 28.56'54 88.56' 175.29' \ n I
Q 4871'19' 14132' 168.50' •\
7120'40' 135.10' 108.50' .\ %
Q 3227'44' 310.20' 547.50' /
23'37'09 95.43' 231,50' 4 \\
11.20'38' 145.51' 740.00' '\
(Zj N30-19'46'E 37.00•
® 112O'38' 153.83' 777.00'
37' \ 11
® 2337-09" 110.68' 268.50' --
32-V 289,24' 510.50'
1 7120'40' 89-03, 71-50' O
4ay1'19" 110.60' 131.50' 3
28'58'S4' 99.15' 196.24'
N32"14'43'E 3.60'
39'12131. 16.77' 24.50'
S48-11'17'E 40.95'
CITY OF PALM SPRINGS DEDICATION OF
PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY
j,F DEPARTMENT
DESIGN BY:
9CAI,E• FlI E NO.'
LEGAL DESCRIPTION: JRM 1" = 100' R-04-0
SEE EXHIBIT "A-Z CHECKED ev:
GATE SHEET NO.:
DJB 7/29/04 1 OF 1