HomeMy WebLinkAbout4/18/2007 - STAFF REPORTS - 1.E. �O4pAI.M SA?
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CITY COUNCIL STAFF REPORT
APRIL 18, 2007 PUBLIC HEARING
Subject- RIGHT-OF-WAY VACATION OF A PORTION OF EAST PALM CANYON
DRIVE AND BARONA ROAD ADJACENT TO THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON
DRIVE AND BARONA ROAD, IN SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 5 EAST; FILE R-06-36
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Streets & Highways Code of the State of California requires that the City hold a
Public Hearing to discuss and review the vacation of public right-of-way. After
consideration of testimony received at the Public Hearing, the City Council can consider
denial or approval of the requested right-of-way vacation.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION 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 PUBLIC RIGHT-OF-
WAY DEDICATED FOR EAST PALM CANYON DRIVE AND BARONA ROAD
ADJACENT TO THE PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF EAST PALM CANYON DRIVE AND BARONA ROAD, IN SECTION 25,
TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R-06-036."
STAFF ANALYSIS:
On November 7, 2006, staff received an application from Smoketree Inc., a California
corporation, to vacate a portion of public right-of-way dedicated for East Palm Canyon
Drive and Barona Road, adjacent to property located at the southwest corner of East
Palm Canyon Drive and Barona Road. The portion of public right-of-way to be vacated
consist of the existing frontage road located along the south side of East Palm Canyon
Drive between Smoketree Lane and Barona Road.
I fFJdA NO.J�
East Palm Canyon Drive& Barona Road Right-of-Way Vacation
April 18, 2007
Page 2
The requested right-of-way vacation is an element of the Smoke Tree Commons
Shopping Center development, identified by Case No. 5.1050, Planned Development
District PD-312. On June 7, 2006, the City Council adopted Resolution 21609,
approving the Smoke Tree Commons Shopping Center, including an amendment to the
Circulation Element of the General Plan reducing the right-of-way width for East Palm
Canyon Drive to 100 feet along the frontage of the project and eliminating the existing
frontage road, as necessary to facilitate the proposed right-of-way vacation. Therefore,
the requested right-of-way vacation has been determined to be consistent with the Palm
Springs General Plan.
It is the intent of the developer to remove the existing frontage road and incorporate the
area into the site as a landscaped parkway. Existing public water and sewer facilities
located within the frontage road will be relocated into East Palm Canyon Drive by the
developer, as a condition of the right-of-way vacation. The City Council's approval of
this action will authorize the developer an approval to enter the public right-of-way and
remove the existing frontage road, prior to the formal recordation of the Resolution of
Vacation, allowing for the required relocation of the public water and sewer facilities.
Staff forwarded the requested right-of-way vacation information to the City Clerk, and
pursuant to Section 8320 of the Streets & Highways Code, the City Clerk
administratively scheduled a public hearing for April 18, 2007, to hear all persons
interested in or objecting to the easement vacation.
Notices of the proposed right-of-way vacation have been posted within the vacation
area, published in the local newspaper, and mailed to all public utility companies. Staff
recommends that the City Council adopt the attached Resolution, which will vacate the
portion of right-of-way dedicated for East Palm Canyon Drive and Barona Road
adjacent to the Smoke Tree Commons Shopping Center development.
FISCAL IMPACT: Finance Director Review: a,
None.
/ut4t. a
p David J. Barakian Thomas J. Wils
DDirector of Public Works/City Engineer Assistant City Manager
David H. Ready, City Mana*�
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
A RESOLUTION 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 PUBLIC RIGHT-OF-WAY DEDICATED
FOR EAST PALM CANYON DRIVE AND BARONA ROAD
ADJACENT TO THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF EAST PALM CANYON DRIVE
AND BARONA ROAD, IN SECTION 25, TOWNSHIP 4
SOUTH, RANGE 5 EAST; FILE R-06-036
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
(the "statute"), to vacate and close to public use right-of-way dedicated for public
streets, or parts thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for April 18, 2007, for City Council consideration of vacating and closing
to public use a portion of the public right-of-way dedicated for East Palm Canyon Drive
and Barona Road adjacent to the property located at the southwest corner of East Palm
Canyon Drive and Barona Road; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and
did cause to be posted notices of vacation along the line of the subject public right-of-
way, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and
has considered all evidence submitted concerning the portion of public right-of-way
dedicated for East Palm Canyon Drive and Barona Road adjacent to the property
located at the southwest corner of East Palm Canyon Drive and Barona Road, being the
vacated area described and shown on Exhibits "A" and "B" attached hereto and made a
part hereof, and the need therefore for present and prospective public use.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find that the portion of public right-of-way
dedicated for East Palm Canyon Drive and Barona Road adjacent to the property
located at the southwest corner of East Palm Canyon Drive and Barona Road is
unnecessary for present or prospective public use.
Section 2. The Director of Public Works/City Engineer is authorized to allow the
existing East Palm Canyon Drive frontage road, located between Smoketree Lane and
Barona Road, to be permanently closed to public use prior to the recordation of this
Resolution, for the purposes of complying with Sections 4, 5, and 6 herein below.
Resolution No.
Page 2
Section 3. Subject to Sections 4, 5, 6, and 7, herein below, the City Council does
hereby vacate and abandon all the City's right, title and interest in the portion of public
right-of-way dedicated for East Palm Canyon Drive and Barona Road adjacent to the
property located at the southwest corner of East Palm Canyon Drive and Barona Road,
as described and shown on Exhibits "A" and "B", attached hereto and made a part
hereof.
Section 4. The owners, lessees, or agents of the property located at the southwest
corner of East Palm Canyon Drive and Barona Road, adjacent to the subject portion of
vacated right-of-way, as described and shown on Exhibits "A" and "B", shall be required
to remove all existing street improvements within the vacated area, subject to the
approval of the City Engineer, and shall be responsible for all costs associated
therewith.
Section 5. The owners, lessees, or agents of the property located at the southwest
corner of East Palm Canyon Drive and Barona Road, adjacent to the subject portion of
vacated right-of-way, as described and shown on Exhibits "A" and "B", shall be required
to remove and relocate the existing public sewer facilities located within the vacated
area, subject to the approval of the City Engineer, and shall be responsible for all costs
associated therewith.
Section 6. The owners, lessees, or agents of the property located at the southwest
corner of East Palm Canyon Drive and Barona Road, adjacent to the subject portion of
vacated right-of-way, as described and shown on Exhibits "A" and "B", shall be required
to remove and relocate the existing domestic water facilities located within the vacated
area, subject to the approval of the Desert Water Agency, and shall be responsible for
all costs associated therewith.
Section 7. In the event the obligations set forth in Sections 4, 5 and 6 herein above
are not fulfilled to the satisfaction of the City Engineer or Desert Water Agency within
two years of the date of the adoption of this Resolution, the action taken by the adoption
of this Resolution vacating and abandoning all the City's right, title and interest in the
subject portion of right-of-way dedicated for East Palm Canyon Drive and Barona Road
adjacent to the property located at the southwest corner of East Palm Canyon Drive and
Barona Road, as described and shown on Exhibits "A" and "B", shall be deemed null
and void, and the action automatically rescinded.
Section 8. That, upon notification from the City Engineer that the obligations set forth
in Sections 4, 5, and 6 herein above have been satisfied, the City Clerk is hereby
directed to cause a certified copy of this Resolution, attested by him under the seal of
the City, to be recorded in the Office of the County Recorder of Riverside County. Upon
recordation of this Resolution, the subject portions of right-of-way shall be deemed
vacated and closed to future public use.
Resolution No.
Page 3
ADOPTED this 18th day of April, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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. 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 April 18, 2007, by the
Following vote:
AYES-
NOES-
ABSENT.-
ABSTAIN:
0
James Thompson, City Clerk
City of Palm Springs, California
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing (File No. R 06-036), for the vacation
of that portion of a public right-of-way for East Palm Canyon Drive and Barona Road,
located within the northwest one-quarter of Section 25, Township 4 South, Range 5
East, more particularly described and shown in Exhibit "A" and shown in Exhibit "B"
(attached), was posted in four (4) locations (as indicated on Exhibit "B"), on April 2,
2007. A copy of said notice is attached hereto.
David J. Barakian
Director of Public Works/City Engineer
Department of Public Works & Engineering
City of Palm Springs
California
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, BEING THAT PORTION OF THE LAND DESCRIBED IN INSTRUMENT
No. 126684, RECORDED NOVEMBER 4, 1971, BEING THAT PORTION OF SECTION
25, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND
MERIDIAN„ BEING FURTHER DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTH '/4 CORNER OF SAID SECTION 25; THENCE
SOUTH 00001'30" WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 25, A DISTANCE OF 348,00 FEET; THENCE NORTH 89058'30" WEST, A
DISTANCE OF 44.00 FEET TO A POINT ON THE WESTERLY LINE OF BORONA
ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 20.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 89058'30" EAST; THENCE NORTHERLY, NORTHWESTERLY AND
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
90-00-00", A DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 89058'30" WEST, A ❑ISTANCE OF 7.00 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 51.00
FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90-00-00", A DISTANCE
OF 80.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 00°01'30" EAST, A
DISTANCE OF 22.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 65.00 FEET; THENCE NORTHERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 18047'02", A DISTANCE OF 21.31 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 18047'32" EAST, A DISTANCE 112.68 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
20.00 FEET; THENCE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY AND
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
108°45'12", A DISTANCE OF 37.96 FEET TO ITS POINT OF TANGENCY WITH A
LINE PARALLEL WITH AND DISTANT SOUTHERLY 101,00 FEET, MEASURED AT
RIGHT ANGLES FROM THE CENTERLINE OF EAST PALM CANYON DRIVE, 101.00
FEET WIDE, AS SHOWN ON THE MAP FILED IN BOOK 24, PAGE 18 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID PARALLEL LINE, NORTH 89056'40" WEST, 942.81 FEET TO THE
NORTHWEST CORNER OF PARCEL 3 AS SHOWN ON SAID MAP; THENCE ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 3,
NORTH 00601'30" EAST, 51.00 FEET TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 50.00 FEET, MEASURED AT RIGHT ANGLES FROM THE
CENTERLINE OF SAID EAST PALM CANYON DRIVE; THENCE ALONG SAID
PARALLEL LINE SOUTH 89056'40" EAST, 983.31 FEET; THENCE LEAVING SAID
PARALLEL LINE SOUTH 50049'38" EAST, 21.50 FEET TO THE EASTERLY LINE OF
THE LAND DESCRIBED IN SAID INSTRUMENT No. 126684; THENCE ALONG SAID
EASTERLY LINE, SOUTH 00°01'30" WEST, 284.40 FEET TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.489 ACRES, MORE OR LESS.
Page 1 of 2
THE ABOVE LEGAL DESCRIPTION IS MORE PARTICULARLY SHOWN ON EXHIBIT
"B", ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
GREGORY T. SCHLARBAUM, P.L.S. 6704 DATE
LICENSE EXPIRES 06/30/08
Page 2 of 2
=' EXHIBIT " "B
NORTHERLY LINE POINT OF BEGINNING
OF SEC. 25 EAST PALM CANYON DRIVEN. 1/4 COR., SEC 25
101' S89'56'40"E 101'
N00'01'30"E S8956'40"E 983.31'
w 51.00�
N89'56'40"W 942.81'
FOR, LAND DESC. IN C1j. 3
PARCEL 1 INST. 126684 O.R. •/a p l o
PM 7967
P.M-B. 41/78 N.W. CORNER C2 %mIL
0
OF PARCEL 3r ,N p
- _ �• P.M.B. 24/18 4
C4 d
44 O
TRUE POINT OF , , a
PARCEL 3 BEGINNING
PARCEL 2 PM 7257 Z
PM 7257 P-M.B. 24/18 Q
Q
m
44'
8'LY LINE PCL 3 1
P-M. 7257 --�� T� c)i
� T
I LOT 6 LOT 5
- PALM VALLEY COLONY LANDS
yrGP GAN SV9L I M.B. 14/652
PLS 704 C I CJ V'L1.�1 11+fii7� .
LINE TABLE
Exp ^' -Q w * i � tx
LINE BEARING DISTANCE
NDL1N18'4T32"E 112.60L2 NOD'01'30"E ?2-00 L3 I 7.00'
lV L4 N89'58'30"W 44.00' RAD.
SCALE; 1"=200' -� < L5 N5049'38"W 21.50'
I Ef2ENQ CURVE TABLE
VACATION LIMITS CURVE DELTA RADIUS LENGTH
EXISTING PARCEL LINE - C1 108'45'12" 20.00' 37.96'
C2 18'47'02" 65-00' 21.31'
CENTER LINE C3 90'00'00" 51.00' 80.11'
C4 90'00'00" 20.00' 31.42'
AREA OF VACATION
1-489 ACRES
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SHEET 1 OF 9
EXHIBIT "B" DR Derelopment FAsource Consultants, Inc.
STREET VACATION °" ""°° - ' U"°..w
s+�s c MN Oou MD
PALM SPRINGS, CALIFORNIA MMOY HlV CA 92 (�4)66 SMQ
s
No, 1002
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the CIry Council
of the OIry of Palm Springs, CAIlfornla,In accor-
dance with Chapter 3 Part 3, Division 9. Of the
California Streets and Highways Code,will hold a'
PROOF OF PUBLICATION Public Hearing ro consider vacating a Parton of
public right-o-way for Eesc Palm Canyon Drive
and Berona Road, located within the northwest
(2015.5.C.C.P) ono-quarter of Section 25, Township 4 South,
Range 5 East more particularly described and
shown on Exh%rts "A and 5 attached hereto
and made a pan hereof City File R 06.055: an
application made through the Clty of Palm
Springs.
A Public Hearing to consider vacation of the ute.
Iocl publlc utlllry easement::hall be held on April
18,2007.The It Council meeting b9_91nS W 0,00
P.M.In the ClN Counatl Chamber of CiN Hell,lo-
cated at 320R E. Tahqultz Canyon Way, Palm
Springs, California.
STATE OF CALIFORNIA COMMENT ON THIS APPLICATION:Res once
County of Riverside to this notice can be made verbally at the Publlc
Hearing and/or in wrlting before the hearint Writ-
an comments may be made to the CityCouncil
of the City of-Palm Springs by letter(for mall or
hand delivery)to
James Thompson Clty-Clerk -....�
3200 E.TahgvU 6enyyon Way
Palm Springs, CA 92262
I am a citizen It any Individual or group challenges the pposod'I
of the United States and a resident Of m
o"Innent vacation action in caan, Issues raised
the County aforeSs idi I am over the age of eighteen may bs limited to onlyy those issues raised at the
g g publlc Hearing descrlbed In the notice or In writ-
years,and not a party to or interested in the tan correspondence submitted at, or prior ra the
above-entitled matter.I am the principal clerk of a city Council Hearing.
An Opportunitywill be given at S hearing for all
printer of the,bliSCRT SUN PUIILI5HING Interesteddpore parsons To be heard.Questions re ara-
COMPANY a newspaper a er of general circulation, ing this case may bo directed to Marcus Tvllor,
AssiotanT Director of Public Work^•/Assistant�' CIty
printed and published in the city of Palm Springs, Engineer, Department of Public Works and EngT-
reeling, (760)323-6253, exl 8744.
County of Riverside,and which newspaper has been
$I neceslta ayuda can esta cane,porfevor Ilamo a
adjudged a newspaper Of general circulation by the Is Ciudad de Palm Saringqs y puade hablar con
Superior Court Of the County Of Riverside,State of Felipe Prlmara taletono(780)323-8253,oxt.8742.
California under the date of March 24,1988.Case James Thempson
Number 1.91736;that the notice,of which the - - City Clark
annexed is a printed copy(set in type not smaller LEGAli L DESCRIPTION
than non pariel,has been published in each regular
and entire issue of said newspaper and not in an IN THE CITY STATE OF PALM SPRINGS, COUNTY OFY THAT PORTION OF THE LAND DESCRIBEDIhIN supplement thereof on the fallowing dates,to wit: INSTRUMENT No, 126664. RECORDED NOVEM-
BER 4, 1971, BEING THAT PORTION OF SEC-
March 31 and April 7d',2007
TION_— — —_ NORDPSOUTDARBSAN 25,TOWNSHIP
AN RANGE
FURTHER DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTH 1/4 CORNER OF
SAID SECTION 25, THENCE SOUTH 00'01'30"
---^-------------- -----,—...._---_------ WEST, ALONG THE NORTH-SOUTH CENTER-
All in the year 2007 LINE OF SAID SECTION 25. A DISTANCE OF
Y 340.00 FEET' THENCE NORTH 89'58'30 WEST
A DISTANCE OF 44,00 FEET TO A POINT ON
TI•IE WESTERLY LINE OF BORONA ROAD SAID
I certifyUr declare under penalty Of Cr�u that the POINT BEING THE TRUE POINT OF BEGINNING
( P Y P J ry AND THE BEGINNING OF A NON-TANGENT
foregoing is true and correct. CURVE,CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 20.00 FEET,A RADIAL LINE PASS-
ING THROUGH SAID POINT BEARS SOUTH
Dated at Palm Springs,California this--IU°i,----day WESTERL ANb WESTERLY ALONG YtHr ARC
OF SAID CURVE,THROUGH A CENTRAL ANGLE
OF 9o-00'00' A DISTANCE OF 31.42 FEET;
of-------April-- —,2007 THENCE TANGENT TO SAID CURVE, NORTH
t� 89"58'30" WEST, A DISTANCE OF 700 FEET TO,
THE BEGINNING OF A TANGENT CURVE CON-
GAVE NORTHEASTERLY HAVING A RADIUS OF
/ 51.00 FEET;THENCE WESTERLY NORTHWEST-
ERLY AND NORTHERLY ALONG THE ARC OF
SAID CURVE,THROUGH A CENTRAL ANGLE OF
-_---.....—_— r---_—_ 90'00'00,A DISTANCE OF 80.11 FEET;THENCE
` v TANGENT TO SAID CURVE NORTH 00-01'30"
\ Sign tore I EAST,A DISTANCE OF 22.00 FEET TO THE BE-
GINNING OF A TANGENT CURVE, CONCAVE
THENCE NORTH NORTHERLY ANRADIUS
NOORTHEASTERLY
� ALONG THE ARC OF SAID CURVE,THROUGH A
- CENTRAVANGLE OF 18'47'02' A DISTANCE OF
- - __, 21.31 FEET' THENCE TANGENT TO SAID
_•Lj CURVE, NORTH 18'47-32- EAST A DISTANCE
112.00 FEET TO THE BEGINNIN& OF A TAN-
GENT CURVE, CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 20.00 FEET' THENCI:
..� �` NORTHEASTERLY NORTHERLY.NORTHWEST- I
I' �t ERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF
`I l : tRV Vt 108'45'12', A DISTANCE OF 37.96 FEET TO ITS
-;> POINT OF TANGENCY WITH A LINE PARALLEL
_ WITH AND DISTANT SOUTHERLY 101.00 FEET,
MEASURED AT RIGHT ANGLES FROM THE
CENTERLINE OF EAST PALM CANYON DRIVE,
101.00 FEET WIDE, AS SHOWN ON THE MAP
�J IN THEN BOOK OFF OFFICE 00PTHE COUNTY RECOR PARCEL DER
OF SAID COUNTY THENCE ALONG SAID PAR-
ALLEL LINE, NORTH 89.56'40 WEST, 942.81
FEET TO THE NORTHWEST CORNER OF PAR-
CEL 3 AS SHOWN ON SAID MAP; THENCE
ALONG THE NORTHERLY PROLONGATION OF
THE—WESTERLY—LINE.-OF SAID PARCEL 3
NORTH 00'01'2W EAST,-51.00 FEET TO A LINE
PARALLEL WITH AND DISTANT SOUTHERLY
50.00 FEET, MEASURED AT RIGHT ANGLE$
FROM THE CENTERLINE OF SAID EAST PALM
CANYON DRIVE;THENCE ALONG SAID PARAL-
LEL LINE SOUTH 89"56'40" EAST 983.31 FEET
THENCE LEAVING SAID PARALLEL LINE SOUTH
50'49'30 EAST, 21.50 FEET TO THE EASTERLY
LINE OF THE LAND DESCRIBED IN SAID IN-
STRUMENT No. 125584• THENCE ALONG SAID
EASTERLY LINE.SOUT14 00'01'30'WEST 284.40
FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS
1.489 ACRES, MORE OR LESS, I
THE ABOVE LEGAL DESCRIPTION IS MORE
PARTICULARLY SHOWN ON EXHIBIT "B', AT-
TACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION WAS PREPARED EV ME.OR
UNDER MY DIRECTION, IN CONFORMANCE
WITH THE PROFESSIONAL LAND SURVEYOR'S
ACT.
GREMIGm ory T.Schlarbaum 11/9/05
GOR�T.SCHLARBAUM,P.L.S.0704 DATE
LICENSE EXPIRES 00f30108
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, in accordance with Chapter 3, Part 3, Division 9, of the California Streets and
Highways Code, will hold a Public Hearing to consider vacating a portion of public right-
of-way for East Palm Canyon Drive and Barona Road, located within the northwest one-
quarter of Section 25, Township 4 South, Range 5 East, more particularly described and
shown on Exhibits "A" and "B", attached hereto and made a part hereof; City File R 06-
036; an application made through the City of Palm Springs.
A Public Hearing to consider vacation of the subject public utility easement shall be held
on April 18, 2007. The City Council meeting begins at 6:00 P.M. in the City Council
Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at
the Public Hearing and/or in writing before the hearing. Written comments may be made
to the City Council of the City of Palm Springs by letter (for mail or hand delivery) to.
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
If any individual or group challenges the proposed easement vacation action in court,
issues raised may be limited to only those issues raised at the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case may be directed to Marcus Fuller, Assistant Director of
Public Works/Assistant City Engineer, Department of Public Works and Engineering,
(760) 323-8253, ext. 8744.
Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253, ext- 8742.
mes Thompson
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, BEING THAT PORTION OF THE LAND DESCRIBED IN INSTRUMENT
No. 126684, RECORDED NOVEMBER 4, 1971, BEING THAT PORTION OF SECTION
25, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND
MERIDIAN„ BEING FURTHER DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTH '% CORNER OF SAID SECTION 25; THENCE
SOUTH 00001'30" WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION 25, A DISTANCE OF 348.00 FEET; THENCE NORTH 89058'30" WEST, A
DISTANCE OF 44.00 FEET TO A POINT ON THE WESTERLY LINE OF BORONA
ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 2000. FEET, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 89058'30" EAST; THENCE NORTHERLY, NORTHWESTERLY AND
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
90000'00", A DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 89058'30" WEST, A DISTANCE OF 7,00 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 51.00
FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE
OF 80.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 00001'30" EAST, A
DISTANCE OF 22.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 65.00 FEET; THENCE NORTHERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 18047'02", A DISTANCE OF 21.31 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 18047'32" EAST, A DISTANCE 112.68 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
20.00 FEET; THENCE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY AND
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
108045'12", A DISTANCE OF 37.96 FEET TO ITS POINT OF TANGENCY WITH A
LINE PARALLEL WITH AND DISTANT SOUTHERLY 101.00 FEET, MEASURED AT
RIGHT ANGLES FROM THE CENTERLINE OF EAST PALM CANYON DRIVE, 101.00
FEET WIDE, AS SHOWN ON THE MAP FILED IN BOOK 24, PAGE 18 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID PARALLEL LINE, NORTH 89°56'40" WEST, 942.81 FEET TO THE
NORTHWEST CORNER OF PARCEL 3 AS SHOWN ON SAID MAP; THENCE ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 3,
NORTH 00001'30" EAST, 51.00 FEET TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 50.00 FEET, MEASURED AT RIGHT ANGLES FROM THE
CENTERLINE OF SAID EAST PALM CANYON DRIVE; THENCE ALONG SAID
PARALLEL LINE SOUTH 89°56'40" EAST, 983.31 FEET; THENCE LEAVING SAID
PARALLEL LINE SOUTH 50°49'38" EAST, 21.50 FEET TO THE EASTERLY LINE OF
THE LAND DESCRIBED IN SAID INSTRUMENT No. 126684; THENCE ALONG SAID
EASTERLY LINE, SOUTH 00°01'30" WEST, 284.40 FEET TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1.489 ACRES, MORE OR LESS.
Page 1 of 2
r�'HFSLYL ii
THE ABOVE LEGAL DESCRIPTION IS MORE PARTICULARLY SHOWN ON EXHIBIT
ATrrTAEHED HERETO AND MADE APART HEREOF.
TH S QESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
C NFtltltltl MANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
3 z. _ vI
G EGOR SCHLARBAUM, P.L.S. 6704 DATE
LICENSE E IRES 06/30/08
0
U v 9
PLS 70 C
Exp.
OF C p4\FO�/
Page 2 of 2
NORTHERLY LINE POINT OF BEGINNING
OF SEC, 25 EAST PALM CANYON DRIVE N. 1/4 COR., SEC 25
101'q 589'5G'40"E — — 101'
N00'01'30"E $89'56'40"E 983.31' <g
51,00'u
N89'56'40"W 942,81' Cl n
POR. LAND DESC. IN 3
PARCEL 1 INST. 126684 O.R. I o
n
PM 7967 N.W. CORNER C2 w of
P.M.B. 41/78 OF PARCEL 3 NP.M.B. 24/18 /C 3L �
C4 Q
TRUE POINT OF I44� O
w LL'
PARCEL 3 BEGINNING
PARCEL 2 PM 7257 Q
PM 7257 P.M.B. 24/18 O
Cr
Q
Do
44'
S'LY LINE PCL 3
P.M. 7257 �� .�.. ..�...
LOT 6 LOT 5
PALM VALLEY COLONY LANDS
M.B. 14/652
LINE TABLE
LINE BEARING DISTANCE
N L1 N18'47'32"E 112.68'
(� L2 N00'01'30"E 22,00'
1 I' L3 N89'58'30"W 7.00'
14 N89'58'30"W 44.00' RAD.
SCALE! 1"=200' L5 NSO'49'38"W 21.50'
EL GEND CURVE TABLE
VACATION LIMITS CURVE DELTA RADIUS LENGTH
Cl 108'45'12" 20,00' 37.96'
EXISTING PARCEL LINE — C2 18'47'02" 65,00' 21,31'
CENTER LINE C3 90'00'00" 51,00' 80.11'
C4 90'00'00" 1 20.00' 31.42'
AREA OF VACATION
1,489 ACRES
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SHEET 1 OF 1
EXHIBIT "B" J1 Development Resource Consultants, Inc.
STREET VACATION DRC `� `°`°"S ARD `°�'�m `d
CIA C IWHng 6L'm V D
PALM SPRINGS, CALIFORNIA AR..... HILLS. CA—..6(714)66 6660
Parcel name: STREET VACATION
North;3107.7048 East;4947.8310
Line Course:S 00-01-30 W Length:348.00
North!2759.7048 East:4947.7292
Line Course:N 89-58-30 W Length,44.00
North:2759.7240 East:4903.7292
Curve Length:31.42 Radius:20.00
Delta!90-00-00 Tangent:20.00
Chord:28.28 Course:N 44-58-30 W
Course In:N 89-58-30 W Course Out:N 00.01-30 E
RP North:2759.7327 East:4883.7292
End North:2779.7327 East:4883,7379
Line Course:N 89-58-30 W Length:7.06
North:2779.7358 East:4876.7379
Curve Length: 80.11 Radius:51 00
Della:90-00-00 Tangent 51.00
Chord:72.12 Course:N 44-58-30 W
Course In:N 00-01-30 E Course Out:N 89-58-30 W
RP North:2830.7358 East:4876.7602
End North:2330.7580 East:4825.7602
Line Course:N 00-01-30 E Length:22,00
North:2852.7580 East:4825,7698
Curve Length!2129 Radius,65.00
Delta- 18-46-02 Tangent: 10.74
Chord:21.20 Course:N 09-24-31 E
Course In:S 89-58-30 C Course Out N 71-12-28 W
RP North:2852.7297 East:4890.7698
End North:2873.6686 East:4829 2347
Line Course:N 18-47-32 E Length: 112.68
North;2980.3420 East:4865,5332
Curve Length:37.96 Radius:20.00
Delta, 108-44-12 Tangent:2790
Chord:32.51 Course:N 35-34-34 W
Course In:N 71-12.28 W Course Out:N 00.03-20 E
RP North:2996.7847 East:4846.5993
End North:3006.7847 Last:4846.6187
Line Course:N 89-56-40 W Length:942.81
North 3007 6989 East:3903,8091
Line Course:N 00-01-30 E Length:51.00
North:3058.6989 East:3903.8314
Line Course:S 89-56-40 E Length:983.31
North:3057.7454 East:4897.1409
Line Course:S 50-49-38 E Length:21.56
North:3044.1268 East:4903.8552
Line Course:S 00-01-30 W Length:284.40
North:2759.7269 East:4903,7311
Line Course:S 89-58-30 E Length:44.00
North:2759.7076 East:4947,7311
Lure Course:N 00-01-30 E Length:348.00
North:3107.7076 East:4947.8829
Perimeter:3379.53 Area:64,807 sq.it. 1.49 acres
Mapchcck Closure-(Uses listed courses,radii,and deltas)
Error Closure:0.0034 Course:N 33-59-05 E
Error North:0.00282 Last:0.00190
Precision 1,993,98235