HomeMy WebLinkAbout7/5/2001 - STAFF REPORTS (9) T
DATE: July 5, 2001
TO: City Council
FROM: City Engineer
PRESCOTT DRIVE RIGHT-OF-WAY VACATION
RECOMMENDATION:
It is recommended that the City Council adopt a resolution of intention to vacate a
portion of the right-of-way dedicated for the public street named Prescott Drive in
Section 10, Township 4 South, Range 4 East; File R-01-005,
SUMMARY:
The Streets & Highways Code of the State of California dictates the process that
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:
This portion of right-of-way for Prescott Drive was the subject of a previous right-of-
way vacation initiated by the adjacent property owners in 1996, The City Council
adopted Resolution 18908 on October 2, 1996, vacating the right-of-way subject
to several conditions, among which required the property owners to relocate utilities
and construct improvements to close the portion of right-of-way being vacated.
The property owners were granted one year to satisfy the conditions of the
Resolution. Upon request by the property owners, on September 17, 1997, the
City Council adopted Resolution 19135, granting a one-year extension of the right-
of-wayvacation. Nevertheless,the conditions of the right-of-way vacation were not
satisfied, and it was deemed null and void, pursuant to Resolution 18908.
Under new ownership,the property is currently being processed as a condominium
development as Tentative Tract Map 29987 by the City. This proposed
development has revisited the right-of-way vacation of Prescott Drive to allow its
use as a parking area for the project. As such, the proposed right-of-way vacation
was determined to be consistent with the General Plan through consideration of
Tentative Tract Map 29987 by the Planning Commission at its June 20, 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
August 1 2001.
101K -
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVV �—�✓�
City Manager
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" and "B" 444
1 THOMAS BROS. MAP
RIVERSIDE COUNTY 2001 EDITION
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No.8751 -- - -- - -- ---
CITY OF PALM SPRINGS
RESOLUTION NO. 20091
f OF THE CITY COUNCIL OF THE CITY OF PALM
V SPRINGS, CALIFORNIA, DECLARING ITS INTEN-
TION TO VACATE ITS RIGHT,TITLE AND INTER-
EST IN A PORTION OF THE RIGHT-OF-WAY
�" , ,q M1 NAMED
PREESCAOTT TED DRIVE,FOR T IN SECTIONE PUBLICSET I0,ETOWNSHIP
`' 4 SOUTH, RANGE 4 EAST; FILE R-01-005.
/f t•.) +r "G' f WHEREAS, the City Council of the City of Palm
Springs, California, is authorized by the Public
Q7M <' �'}/1 7 Streets, Highways and Service Easements Vaca-
t;:_C'� Pon Law, Part 3,
Division 9 of the Streets and
EEE Highways Code of the State of California, to va-
t 0 PROOF OF PUBLICATION` cote and close to public use streets, or parts of
streets, within the limits of the said City; and
(20I5.4;.C.C.P) antlE lose the
public use Council
rnon oFthee vacate
ghbof-
I HENCE TANGENT TO LAST MENTIONED way dedicated for the public street name
SOUTH 67degrees04'56" EAST A DIS- cott Drive, in Section 10, Township 4 South,
fANCE OF 1030 FEEL TO THE BEGINNING OF Range 4 East, a street within the CRy of Palm
A TANGENT CURVE, CONCAVE NORTHERLY, Springs, County of Riverside, State of California
HAVING A RADIUS OF 100.00 FEET,
NOW THEREFORE BE IT RESOLVED the City
THENCE EASTERLY ALONG THE ARC OF SAID Council of the City of Palm Springs, as
follows:
CURVE THROUGH A CENTRAL ANGLE OF 65tle-
grees0P IN AN ARC DISTANCE OF 113.49 FEET Section 1.That the CM1yy Council does hereby per-
CURVE,A POINT CA THE ARC A A NON-TANGENT Iron and declare its mtenam to vacate that por-
CURVE,CONCAVE SOUTHEASTERLY,HAVING A bon described
the public street named Prescott Drive,at-
PDIUS ASSING THROUGH F 100.70 FEET, A RADIAL BEARING Cached he m Exhibit A" as shown f. "B" at-
PASSING THROUGH SAID POINT BEARS lathed hereto and made a part hereof.
SOUTH G egrees09'08" EAST, SAID POINT AL-
SO LYING ON THE WESTERLY LINE OF SAID Section 2. That the City Engineer is to hereby
LOT 111; conspicuously post notices of this street vacation
along the line of that portion of Prescott Drive
THENCE SOUTHWESTERLY ALONG SAID proposed to be vacated at not more than 300
WESTERLY LINE ALONG THE ARC OF SAID foot intervals, but not less than 3 in all on said
CURVE THROUGH A CENTRAL ANGLE OF 50de- portion of street.Such notices shall state the pas-
STATE OF CALIFOI grees59'52" AN ARC DISTANCE OF 8963 FEET sage of this Resolution of intention, and the time
TO THE POINT OF BEGINNING. and place of-h m all ersons inlerested in. or - - - -
_CountyofRiverside --dtileCilllg-fo;tFiiap dvaC2tlon.
Section 3. On the 1 at day of August,2001,at the
hour of 7:00 P.M., in City Council Chambers lo-
�'u tarred at 3200 E Tah Vitz 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.
Au"f. ni
��'•w^e:ar- Section 4. That the City Clerk be, and hereby is,
directed to cause this Resolution of Intention to
-be-published-in a-manner preacribed_by-Section—
I am a citizen of the 1 8322 of the streets and Highways Code.
the County aforesaid — ADOPTED this 5th day of July,2001.
years,and not a part AXIIfBIT "B" AYES Members Hodges, Jones, and Mayor
mr nx'A.snnrvcs�...�.n„® Kleindienst
above-entitled matte_ NOES: None
_ ABSENT: Members Reher-S ur in and Oden
_
printer of the,DES � - f g
COMPANY a news 61"'^`'' "r4�"' ' a -
�-_ _ ATTEST. CITY OF PALM SPRINGS,CALIFORNIA
eady
printed and publish PUB: July 14, 2001 u By:/s/Patncia A. Sanders /s/Dav,r H.Ready
Qty Clerk City Manager
County of Riverside,and which newspaper has been REVIEWED AND ADOPTED TO FORM:
EXHIBIT TO
adjudged a newspaper of general circulation by the LEGAL DESCRIPTION
Superior Court of the Comity of Riverside,State Of NOIRNG TH A PORT
R TW ION
OFLORS S10 AND 11RCLE
OF
California under the date of March 24,1988.Case MERITO VISTA AS SHOWN SY MAP ON FILE IN
Number 191236;that the notice,of which the BOOK 12, PAGE 94 OF MAPS AND A PORTION
OF THE RIGHT OF WAY DEDICATED PER INST.
annexed is a printed copy(set in type not smaller NO.PARTICULARLY
DESCRIBEECORDED 9AS F LO MORE
PARTICULARLY DESCRIBED /8 FOLLOWS.
than non pariel,has been published in each regular BEGINNING AT THE SOUTHERLY POINT OF
and entire issue of said newspaper and not in any CUU,R,ATURE IN THE WESTERLY LINE OF SAID
supplement thereof on the following dates,to wit:
THENCE SOUTH 00degrees09'00" EAST ALONG
SAID WESTERLY LINE A DISTANCE OF 136.51
FEET TO A POINT LYING ON THE NORTHERLY
.July l4th RIGHT OF WAY LINE OF WEST EL ALAMEDA AS
DESCRIBED BY, DOCUMENT RECORDED
____________________�______ 12/31/38 IN BOOK 403, PAGE 2264, OR;
THEN�VORTHERLYE H ONGATION-01-SAIID
NORTHERLY RIGHT OF WAY LINE A DISTANCE
OF 134 30 FEET TO A POINT ON THE ARC OF A
All In the yeal'2001 NON-TANGENT CURVE CONCAVE NORTH-
WESTERLY AND,HAVING A RADIUS OF 100.60
FEET, A RADIAL BEARING PASSING THROUGH
SAID POINT BEARS SOUTH 15degressl6'25"
I certify(or declare)under penalty of perjury that the 'EAST LINE SAID
POINT ALS LOOT LYING ON THE EAST-
foregoing is true and correct.
17fh THENCE ALONG SWID EASTERLY LINE
THROUGH THE FOLLOWING COURSES:
Dated at Palm Springs,California this-------------day NORTHEASTERLY ALONG THE ARC OF SAID
Jul CURVE THROUGH
ROUGH A CENTRAL ANGLE OF 74de-
____ y 2001 grees50'35"AN ARC DISTANCE OF 131.41 FEET;
o FEE ee THE LAST MENTIONED CURVE NORTH
0 TANGENT es09' 0' WEST I DISTANCE OF ENT
BEGINNING TE A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAY-
" -------------- ING A RADIUS OF 50.00 FEET;
Signature CURVE THROUGH A CENTRASTERLY ALONG L ANGLE OF 69deE ARC OF -
]grees24'41" AN ARC DISTANCE OF 6057 FEET
TO A POINT ON THE ARC OF A NON TANGENT
CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 263.50 FEET, A RADIAL BEARING
PASSING THROUGH SAID POINT BEARS
SOUTH 2Odegrees26'Y 9" WEST, SAID POINT AL-
SO BEING A POINT ON THE SOUTHERLY RIGHT
" OF WAY OF HERMOSA PLACE;
THENCE,LEAVING SAID EASTERLY LINE, EAST-
ERLY Al ONG THE ARC OF ' D f' VE
RESOLUTION NO. 20091 _
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE ITS RIGHT, TITLE AND INTEREST IN A
PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE
PUBLIC STREET NAMED PRESCOTT DRIVE, IN SECTION
10,TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-01-005.
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 forthe public street named Prescott Drive, in Section 10, 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 Prescott 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 Prescott 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 I" day of August, 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.
146
Resolution No.
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.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND ADOPTED AS TO FORM:
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF PRESCOTT CIRCLE NORTH LYING BETWEEN LOTS 110
AND 111 OF MERITO VISTA AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 94
OF MAPS AND A PORTION OF THE RIGHT OF WAY DEDICATED PER INST. NO.
296157, RECORDED 9/8/95, OR., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHERLY POINT OF CURVATURE IN THE WESTERLY
LINE OF SAID LOT 111;
THENCE SOUTH 00009'00" EAST ALONG SAID WESTERLY LINE A DISTANCE
OF 136.51 FEET TO A POINT LYING ON THE NORTHERLY RIGHT OF WAY LINE
OF WEST EL ALAMEDA AS DESCRIBED BY DOCUMENT RECORDED 12/31/38
IN BOOK 403, PAGE 254, OR.;
THENCE SOUTH 89036'30" WEST ON THE NORTHERLY PROLONGATION OF
SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 134.30 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 100.60 FEET, A RADIAL
BEARING PASSING THROUGH SAID POINT BEARS SOUTH 15018'25" EAST,
SAID POINT ALSO LYING ON THE EASTERLY LINE OF SAID LOT 110;
THENCE ALONG SAID EASTERLY LINE THROUGH THE FOLLOWING COURSES:
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 74050'35" AN ARC DISTANCE OF 131.41 FEET;
TANGENT TO LAST MENTIONED CURVE NORTH 00009'00" WEST A DISTANCE OF
69.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET;
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 69024'41" AN ARC DISTANCE OF 60.57 FEET TO A POINT ON THE ARC
OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
263.50 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS
SOUTH 20026'19" WEST, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY OF HERMOSA PLACE;
4A3
PAGE 2 OF 2
LEGAL DESCRIPTION CONTINUED
THENCE, LEAVING SAID EASTERLY LINE, EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 05025'57" AN ARC DISTANCE
OF 24.98 FEET;
THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 67004'56" EAST A
DISTANCE OF 10.30 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 65001'24" AN ARC DISTANCE OF 113.49 FEET TO A POINT ON THE
ARC OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 100.70 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT
BEARS SOUTH 39009'08" EAST, SAID POINT ALSO LYING ON THE WESTERLY
LINE OF SAID LOT 111;
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50059'52" AN ARC
DISTANCE OF 89.63 FEET TO THE POINT OF BEGINNING.
LAND
LES R.HA RI SG���
P9 '/ o/
M JJ.
NO.49 �Q
qTF OF C A�\E���
� �Y
0
CE m
m
N N 67.04'56"W
10.30
0=5'25'57" A-65°01'24"
R=263.50 R=100.00 N 39°0 'OB"
L=24.90 L=113.49 (R)
T=12.50 =63.
N 20"26'19"E
R o=50059'S2"
n=69124'41" - L 09.63
-100.70
R=50.00 L=60.57 T=40.03
s ---
T-34.63
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om
04 P.O.B.
e.�� Z� �
4
ee A=74.50'35" o
R=100.60
L-131.41 o
T-76.97
N 15° 10'25"W ` Z R/W DEDICATED PER INST.
*296157, REC . 9/6/95, O.R.
i
N 89.36'30"E 134.30
CST N WEST EL
P N ALAMEDA
112
90�3
107
EXHIBIT " B"
CITY OF PALM SPRINGS REAL PROPERTY DIVISION
PRESCOTT CIRCLE NORTH APPROVED BY:
& NEST EL ALEMEDA
RIGHT OF WAY AGENT
LEGAL DESCRIPTION: RIGHT—OF—WAY VACATION
A PORTION OF PRESCOTT DRIVE AS SHOWN BY MAP DESIGN BY: SCALE: FILE NO.
ON FILE IN BOOK 12. PAGE 94, OF MAPS AND A CRH 1" = 80' 1118
PORTION OF R/W DEDICATED PER INST. #296157,
AEC. 9/8/95, O.R.
CHECKED BY: DWG. N0. SHEET 1
ADM 1 OF
SHEETS
CHARLES R. HARRIS LS 4989
4Jr