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Home My WebLink About4/4/2001 - STAFF REPORTS (11) y DATE: April 4, 2001 TO: City Council FROM: City Engineer LINDA VISTA DRIVE RIGHT-OF-WAY VACATION RECOMMENDATION: That the City Council, after considering testimony received at the Public Hearing, adopt a resolution vacating 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 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 completes the process the Council must follow in considering the proposed public right-of-way vacation. BACKGROUND: On March 7, 2001, City Council adopted Resolution No. 19997 declaring its intention to vacate a portion of the right-of-way dedicated for that public street named Linda Vista Drive and scheduled a public hearing for April 4, 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 February 14, 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 Linda Vista Drive. DAVID J. BARAKIAN City Engineer APPROVED: City Manager ATTACHMENTS: 1. Resolution �, :rwl - , r r x•. Fi. - w.��°'r�.L��Y"aAvr.+'wrr;..-'hiC '✓.rk ,�,. _W�'�."r„n w n.,�rd'k�vs . v ..sr.>_-i".� _ _ xA RESOLUTION NO. 20019 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 LINDA VISTA DRIVE, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-00-054. 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 March 7, 2001, the City Council did adopt Resolution No. 19997 declaring its intention to vacate and close to public use that portion of the right-of-way dedicated for the public street named Linda Vista Drive, 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 Linda Vista Drive, 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 Sections 3 and 4, 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 Linda Vista Drive, 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 orutility corporation existing in, under,orover the vacated area, unless quitclaimed or released by the owner thereof. Resolution 20019 Page 2 Section 4. That this Resolution shall not be submitted by the City Clerk for recordation or recorded in the Office of the County Recorder of Riverside County until such time that appropriate property exchanges are negotiated and appropriate documents approved by the City Engineer are executed by the affected property owners to facilitate disposition of the vacated right-of-way into the approved configuration represented as Lot A, Lot B, and Lot C as shown on Exhibits "A" and "B". The property owners shall retain an engineer to prepare appropriate instruments and legal descriptions to accomplish such change without cost to the City. Section 5. That this Resolution shall become null and void in the event that compliance with Section 4 herein is not completed within one year of the date of this Resolution. Section 6. That, subject to Sections 4 and 5 herein, 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. ADOPTED this Orb day of Apr;t 2001. AYES: Members 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:[ v #7ta Resolution 20019 Page 3 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' 5 1" WEST; FA- LAND THENCE NORTH 630 44' 32" EAST 60.56 FEET; THENCE NORTH 310 52' 31" WEST 29.66 FEET TO THE POINT OF BEGINNING, { a��LIn�GT 9G Z4 (1) a`Ti . 1r0.4152 J0 -.p.06-30-04 l'f �T�TFOF L3 Resolution 20019 Page 4 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. Pete Billington PLS. 4152 t L LAND Date ��5 ��B1WArG,l qG F s a� OZ o a NO.4152 s * Ezp.06.30-04 PB/ct �f9lFOF CA1-1F�P�`P 12-18-00 (2) '7 Lq Resolution 20019 Page 5 T B N69 650 30"E 6e' d F O. . 9 GA. L Y C0,2. PCL P�.4/PCE L Z o A 40.C. LOTS A,B�C 9y,B7 ,� 6.6P /o,ao 00 �i W �o of o �f of a A 0 �q I q L/NOA v/STA O.P/vim LOr A I- - -- - - 0q I torB � $9Be 5� ,/6 �N� S9, �01 � �. N3/°S2'3/"!-✓29.66' C.e) OTC ,1 L O/ e � 05� 24,00' 6 (px. d's2 L OT C 9q.h �50.00 `n�pL LANOSG oy6��011.UMOTO9�` a NO m 0-04 f�9�2CEL 4 ��2 0l gIFOF CAS\FAQ 21 CITY OF PALM SPRINGS DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION LEGAL DESCRIPTION �e'� � � 'r PORTIONS OF LOT "B" (LINDA VISTA CITY ENGINEER R.C.E. DRIVE) PER PARCEL MAP NO. 11147, DESIGN BY SCALE FILE NO. BOOR 80 PAGE 38 OF PARCEL MAPS, /" l p0. RECORDS OF RIVERSIDE COUNTY. CHECKED BY SHEET N0,