The URL can be used to link to this page

Home My WebLink About9/19/2007 - STAFF REPORTS - 2.G. ;OF p A I.M SA9 iy u c , e °F•axn.eo .CQ�/FOR14 CITY COUNCIL STAFF REPORT SEPTEMBER 19, 2007 CONSENT CALENDAR Subject: SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-003 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets & Highways Code of the State of California allows the City to consider summarily vacating streets by following a streamlined process under certain conditions. In this case, the City Council may summarily vacate an excess right-of-way of a street not required for street purposes; the excess right-of-way may be summarily vacated through the adoption of a Resolution, without a Public Hearing. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF VIA MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-003.° STAFF ANALYSIS: On February 27, 2007 staff received a request from Mr. Frank De Lelys to vacate excess public right-of-way for Via Miraleste adjacent to his property located at 580 E. The Palms Street. The right-of-way is identified as Lot "B" and a portion of Lot "A" of Parcel Map 7254, Map Book 30, Page 65, recorded December 28, 1976, and is a portion of Via Miraleste between E. The Palms Street and E. Miraleste Court. This portion of Via Miraleste was previously designated as a Secondary Thoroughfare on the Circulation Element of the General Plan, requiring 88 feet of right-of-way. Subsequently, the 1993 General Plan amended the Circulation Element and the designation of Via Miraleste was revised from a Secondary Thoroughfare to a Collector, requiring only 60 feet of right-of-way. The portion of Via Miraleste adjacent to the ITEM NO. Via Miraleste Summary Vacation September 19,2007 Page 2 northern half of the applicant's property currently has a total of 74 feet of right-of-way; the portion of Via Miraleste adjacent to the southern half of the applicant's property currently has a total of 64 feet of right-of-way. The applicant's request is that the City vacate excess right-of-way (varying from 4 feet to 14 feet adjacent to the applicant's property), leaving the required 60 feet of right-of- way required for Via Miraleste. On July 25, 2007, the City of Palm Springs Planning Commission approved Case No. 10.460, and determined that the proposed right-of-way vacation was consistent with the Circulation Element of the Palm Springs General Plan. Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and Service Easements Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.), outlines the process to follow for summarily vacating public streets- In accordance with Section 8334 (a) of the Code, the legislative body of a local agency may summarily vacate an excess right-of- way of a street not required for street purposes. The City need only adopt a Resolution citing specific facts that allows for the summary vacation of the excess street right-of- way; a Public Hearing is not required- Staff recommends that the City Council adopt the attached Resolution, which will summarily vacate the excess right-of-way for Via Miraleste dedicated to the City. FISCAL IMPACT: None. g David J. Barakian Thomas J. W'Ason Director of Public Works/City Engineer Assistant City Manager David H. Ready, City an ATTACHMENTS: 1. Vicinity Map 2. Resolution 000002 Page 1 of 1 v I LLOVIse.Sri br z I a � �, �11SIf• �-Hih(p � I n a � I y Rr __ ._ =... ..... •.-.- __ I -. _.._ .E.CO#tanwood'Rd� .__ 0.-- I , I 2 I � L r` c -EStevuns-Rd- 2 x I _ , I E Miraleste Lt' $ I I n I T e Camina Kante palrn5 SL _k _... .. E c1+4n Rd - ---- ------- - .a a I r7 ---- -- III- ----- ------E-MC]qvc 7 ._fl-PaSCo-CI-NtiCadorv._..____.__ y ry F N epfrg11.C2Tq. .[N+amRr�w.TRL�{bs,DigUl lJar Fmdu : 1 1 a''pLMS. VICINITY MAP 400n c N CityGIS 6.0 C�11FOIX�lo- Copyright @ 2006 All Rights Reserved The Information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products V UOO�3 http://maps.digitalmapccntral.con/productioiVCoreGIS/verl 76f/index.html 3/20/2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF VIA MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-003 WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use streets dedicated for public use, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8334 (a) of the statute, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes, and WHEREAS, a dedication of right-of-way for Via Miraleste was made to the City of Palm Springs identified by Lot "A" and "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65; and WHEREAS, a portion of Lot "A" and all of Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65, represents excess public right-of-way not required for street or highway purposes. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council does hereby adopt this Resolution in accordance with Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and Service Easements Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Section 2. The City Council does hereby summarily vacate excess right-of-way dedicated for Via Miraleste, being generally described as a portion of Lot "A" and all of Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records of Riverside County, California, and more particularly described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. This Resolution to summarily vacate excess right-of-way dedicated for Via Miraleste, being generally described as a portion of Lot "A" and all of Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records of Riverside County, California, is made in accordance with Section 8334 (a) of the California Streets and Highways Code. 000004 Resolution No. Page 2 Section 4. Following the recordation of this Resolution, the excess right-of-way dedicated for Via Miraleste, being generally described as a portion of Lot "A" and all of Lot "B" of Parcel Map No. 7254, recorded in Book 30 of Parcel Maps at Page 65 records of Riverside County, California, and more particularly described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, no longer constitutes a portion of the public street known as Via Miraleste. Section 5. 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. ADOPTED this 19th day of September, 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 September 19, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California 000005 EXHIBIT "A" PROPOSED RIGHT-OF-WAY VACATION LEGAL DESCRIPTION LOT B AND A PORTION OF LOT A OF PARCEL MAP N0. 7254, AS RECORDED IN PARCEL MAP BOOK 30, PAGE 65, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA AND ALSO DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 7254, AS RECORDED IN PARCEL MAP BOOK 30, PAGE 65, OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 89'58'00" EAST, A DISTANCE OF 76.01 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 00'02V.. WEST, THE BEGINNING OF SAID TANGENT CURVE IS ALSO THE TRUE POINT OF BEGINNING: THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 8958'00"; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 95.01 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1, OF PARCEL MAP N0. 7254; THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 150.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.44 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 90'05'00' THENCE NORTH 89'55'00" EAST, A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 00-05-00' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.44 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 90'05'00' THENCE SOUTH 00'00'00" WEST, A DISTANCE OF 245.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 89'58'00' THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 4.00 FEET TO THE TRUE POINT OF BEGINNING- THE AREA OF STREET VACATION IS 2,845.89 SQUARE FEET (0.07 ACRES). e�pFESS7�� O 0. 14614 x EXPIRES 3-31-07 zk �r ��9TE / F��\P FILE NO.: OF CA1-� 195 SHEET NO-- 1 OF 2 000000 EXHIBIT "B" MIRALESTE CT. S '55'W)89 N6955'E 14.00' (65.97) faj ,6=90'05' R=20' L=Jl.44' Ton=20.03' 14'— PROPOSED • RIGHT--OF-WAY ti EXISTING RIGHT-OF-WA Y 30, Lli U) Lu L6 f SCALE 1"=50' PARCEL I 0 so 100 so P.M. NO- 7254 (44) P.M.B. 30165 (10.00) 4, . 8i Lo EXISTING RIGHT-OF-WAYS ()F ESS (M) /0 y R=20' Z w L=31-40' T=19,99' . 146-14 m T.P.O.B.) Lu EXPIRES 3-31-07 � k. . (49-99) N89'58'C 76,01' -' CIV k\, S89,58,w EAST THE PALMS 4.00 VACARQN. AREA, OF ckI.\F 2.845,89 SQ. FT. 007 ACRES CITY OF PALM SPRINGS APPROVED: PUBLIC WORKS AND iQL 7987 ENGINEERING DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P.L.S. ASST. CITY ENGINEER VACATION OF RIGHT-OF-WAY DESIGN BY: -SCALE: FILE NO.: LEGAL DESCRIPTION: 1 11 = 50, R ig-T-003 SEE EXHIBIT "A" CHECKED BY. Dwc- NO-: SHEET N0-- 073619RW 2 OF 2 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 07-003), for the vacation of a portion of N. Via Miraleste describe as Lot "B" and a portion of Lot "A" of Parcel Map 7254, Book 30, Page 65, of Maps, as described in Exhibit "A" and shown in Exhibit "B" (attached), was posted in three (3) locations (as indicated on Exhibit "B"), on the5V day of September, 2007. A copy of said notice is attached hereto. jXL' David J. Barakian Director of Public Works/City Engineer Department of Public Works & Engineering City of Palm Springs California ooaaaa EXHIBIT "A" PROPOSED RIGHT-OF-WAY VACATION LEGAL DESCRIPTION LOT B AND A PORTION OF LOT A OF PARCEL MAP NO. 7254, AS RECORDED IN PARCEL MAP BOOK 30, PAGE 65, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA AND ALSO DESCRIBED AS A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 7254, AS RECORDED IN PARCEL MAP BOOK 30, PAGE 65, OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 89'58'00" EAST, A DISTANCE OF 76.01 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 00-02-00" WEST, THE BEGINNING OF SAID TANGENT CURVE IS ALSO THE TRUE POINT OF BEGINNING: THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 89'58'00"; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 95.01 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1, OF PARCEL MAP N0. 7254; THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 150.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 2000. FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31,44 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 90'05'00"; THENCE NORTH 89'55'00" EAST, A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 2000. FEET, AND A RADIAL BEARING OF NORTH 00'05'00" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.44 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 90'05'00"; THENCE SOUTH 00'00'00" WEST, A DISTANCE OF 245.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A RADIAL BEARING OF NORTH 90'00'00" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 31.40 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 89'58'00"; THENCE SOUTH 89'58'00" WEST, A DISTANCE OF 4.00 FEET TO THE TRUF POINT OE BEGNNING. THE AREA OF STREET VACATION IS 2.845.89 SQUARE FEET (0.07 ACRES). eepF ESs/o 0, 14614 EXPIRES 3-31-07 �T9p O/VI\. C�\P FILENO.: CA', R o9�-00:� SHEET NO.: 1 OF 2 000009 : EXHIBIT "B" MIRALESTE CT. (SB.955,w) S6R9=525 0W' 14-00' t (65.97) C� A-90105, L=31.44' ran=20.03' 14' I PROPOSED RIGHT--OF—WAY EXISTING RIGHT OF—WAY� 30' LLI Xn' t__ U) Lu SCALE 1"=50' PARCEL I 100 ISO P-M- NO, 7254 (44) P.M.B. 30165 (S8958'00-W) (10.00) 4—- EXISTING RIGHT—OF—WAY Lu eRQFESs, q (J4 y R=2o' L=31,40' 0) T=19.99 U- 14614 m uj (49.99) EXPIRES 3-31-07 T (P N8958E S89158,w Civ 0- P.0.B. 4 00' VACATION AREA, Or cp�_\ EAST THE PALMS Z64 5.89 SO- FT 007 ACRES CITY OF PALM SPRINGS APPROVED: PUBLIC WORKS AND 4&,— 7987 ENGINEERING DEPARTMENT ASST. DIRECTOR OF ASST. CITY ENGINEER DC WORKS/ P.L.I S. VACATION OF RIGHT—OF—WAY DESIGN--BY-_ SCALE: FILE NO.: LEGAL DESCRIPTION: 1 50' R 197-003 SEE EXHIBIT "A" CHECKED BY., DWG. No,: SHEET NO 2-,]0 073619RW OF 2 000010