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HomeMy WebLinkAbout21865 - RESOLUTIONS - 4/18/2007 ' RESOLUTION NO. 21865 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. 21865 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. 21865 Page 3 ADOPTED this 18th day of April, 2007. f David H. Ready, City Ma ATTEST: Yes 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. 21865 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 the 18th day of April, 2007, by ' the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. Yofes Thompson, City Clerk Palm Springs, California i 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 89°58'30" 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 90000'00", A DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE, NORTH 89058'30" WEST, A DISTANCE QF 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 110,11 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 18°47'02", 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 00°01'30" 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 I of 2 THE ABOVE LEGAL DESCRIPTION IS MORE PARTICULARLY SHOWN ON EXHIBIT ' ffl A17 ED HERETO AND MADE A PART HEREOF. TH4NFMAN',CE TION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN C WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. -3G CHLARBAUM, P.L.S. 6704 DATE LICES 06/30/08 ��SOP�T sCy�g9L�F Ezp. 9T� pP OF C A��F I 1 Page 2 of 2 EXHIBIT "B" NORTHERLY LINE POINT OF BEGINNING OF SEC. 25 EAST PALM CANYON DRIVEN. 1/4 COR., SEC 25 101' S89956'40"E _ —� 101' NOO'01'30"E TS89'56'40"E 983.31' a (s N89'56'40'W 942.81' Cl POR. LAND DESC. IN / 3 PARCEL 1 I INST, 126684 O.R. n PM 7967 N.W. CORNER %a r P.M-B. 41/78 OF PARCEL 3 C2 N /�:�N o 'po / N O P.M.B. 24/18 p3 L3 L4 Q C4 TRUE POINT OF 44I Q PARCEL 3 BEGINNING � � PARCEL 2 PM 7257 Q PM 7257 I P.M.B. 24/1$ O Ix Q m 44 S'LY LINE PCL 3 I P.M. 7257 ' LOT 6 LOT 5 PALM VALLEY COLONY LANDS �p GAN 9& M.B. 14/652 H79 I<�L p1+1V' P 5 704 LINE TABLE E%p Lf BEARING DISTANCE N / `�, 0 N1847'32"E 112.68' `` N00'01'30"E 22.00' N89'58'30"W 7.00' IL.11 © N89'58'30"W 44.00' RAD. 3 -` o7 SCALE: 1°=200' J N50'49'38"W 21.50' L EMD CURVE TABLE VACATION LIMITS CURVE DELTA RADIUS LENGTH EXISTING PARCEL LINE — _ Cl 1D8'45'12" 20.00' 37.96' C2 78'47'02" 65.00' 21.31' CENTER LINE — C3 90'0000" 51.00' 80.11, C4 90"00'OD" 20.00' 31.42' AREA OF VACATION 1.489 ACRES ' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SHEET 1 OF 1 EXHIBIT "B" DR Derelo�meut &source Coaeultante, be. STREET VACATION 817s c MW� , - W s.,,,V", � U'^ .td BCN.EVARD PALM SPRINGS, CALIFORNIA AHMM Kl= CA 9Y (714)6 6660