HomeMy WebLinkAbout23525 RESOLUTION NO. 23525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ALL OF ITS RIGHTS, TITLE AND
INTERESTS TO A PORTION OF WEST PALM CANYON
DRIVE AT 333 EAST PALM CANYON DRIVE
(FILE R 11-14).
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 summarily 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 S334 (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 West Palm Canyon Drive, described
as Parcel 2, a portion of Tract 37, Section 26, TAS., RAE., as approved by Resolution
6085 by the Palm Springs City Council on December 21, 1960, Official Records of
Riverside County, California; and
WHEREAS, a portion of dedicated right-of-way for West Palm Canyon Drive,
described as Parcel 2, a portion of Tract 37, Section 26, TAS., RAE., as approved by
Resolution 6085 by the Palm Springs City Council on December 21, 1960, and hereby
described in Exhibit "A" and Exhibit "B", represents excess public right-of-way not
required for street or highway purposes per General Plan adopted October 2007.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find that a portion of dedicated
right-of-way for West Palm Canyon Drive, described as Parcel 2, a portion of
Tract 37, Section 26, TAS., RAE., as approved by Resolution 6085 by the Palm
Springs City Council on December 21, 1960, is unnecessary for present or
prospective public use.
SECTION 2. Subject to Section 3, herein below, the City Council does
hereby vacate and abandon all of the City's right, title, and interest in the portion
of public right-of-way dedicated for West Palm Canyon Drive, described in Exhibit
"A' and shown on Exhibit "B", attached hereto and make a part thereof.
SECTION 3. The owners, lessees, or agents of the property located at
333 E. Palm Canyon Drive, adjacent to the subject portion of vacated right-of-
way, as described on Exhibit "A" and shown on Exhibit "B", shall be required to
remove and replace existing improvements within the vacated area, subject to
Resolution No. 23525
Page 2
remove and replace existing improvements within the vacated area, subject to
the approval of the City Engineer, and shall be responsible for all costs
associated therewith.
SECTION 4. In the event the obligations set forth in Section 3 above are
not fulfilled to the satisfaction of the City Engineer within two years of the date of
the adoption of this Resolution, the action taken by the adoption of this
Resolution vacating and abandoning al the City's right, title, and interest in the
subject portion of right-of-way dedicated for West Palm Canyon Drive, between
South Palm Canyon Drive and East Palm Canyon Drive, described on Exhibit "A"
and shown on Exhibit "B", shall be deemed null and void, and the action
automatically rescinded.
SECTION 5. That, upon notification from the City Engineer that the
obligations set forth in Section 3 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, described in Exhibit "A" and shown on Exhibit "B", shall be deemed
vacated and closed to the future public use.
SECTION 6. 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 I, "Change of
Grade and Vacation" of the California Streets and Highways Code (Section 8330
et. seq.).
ADOPTED THIS 19TH DAY OF MARCH, 2014.
David H. Ready, Cityyt ager
ATTEST:
mes Thompson, City Clerk
Resolution No. 23525
Page 3
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. 23525 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 19th day of March, 2014,
by the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
mes Thompson, City Clerk aDB/Zot�
City of Palm Springs, California
EXHIBIT A
RIGHT OF WAY VACATION 11-14
LEGAL DESCRIPTION
BEING A PORTION OF W. PALM CANYON DRIVE ROAD WAY, AS SHOWN BY MAP FILED IN BOOK 32, PAGE 3 OF
RECORD OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, IN THE NORTHWEST QUARTER, OF SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, 1N THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY,•
THENCE N 89' 37' 30" E, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST PALM CANYON DRIVE, A
DISTANCE OF 60.75 FEET, TO THE TRUEPO/NTOFBEG/NN/NG;
SAID TRUE POINT OF BEGINNING ALSO BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE TO
THE SOUTHWEST, WITH A BEARING TO THE RADIUS POINT AT S 00' 22' 30" E AND A RADIUS OF 85.00 FEET,
THENCE ALONG S41D TANGENT CURVE IN A SOUTHEASTERLY DIRECTION AN ARC LENGTH OF 46.92 FEET,
WHICH SUBTENDS A CENTRAL ANGLE OF 31' 37' 40;•
THENCE S 58' 44' 50" E, A DISTANCE OF 64,94 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTH, WITH A BEARING TO THE RADIUS POINT AT N 31' 15' 10" E, AND A RADIUS OF
105.00 FEET-
THENCE ALONG SAID TANGENT CURVE IN A EASTERLY AND NORTHEASTERLY DIRECTION, AN ARC LENGTH OF
197.92 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 108' 00' 00", TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE TO THE NORTHWEST WITH A BEARING TO THE RADIUS POINT AT N 56' 59' 02" W, AND A
RADIUS OF 40.00 FEET,•
THENCE IN A SOUTHWESTERLY DIRECTON AN ARC LENGTH OF 39.52 FEET WHICH SUBTENDS A CENTRAL ANGLE
OF 56' 36' 32
THENCE S 89' 37' 30" W, A DISTANCE OF 223.58 FEET TO THE TRUE POINTOFBEGINN/NG.
THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 9,401. 16 SQ. FT. (0.22 AC) MORE OR LESS AND
EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF
RLB � S
C) F�
MARCH 05, 2014 a LS No. 8223 A
LU R. B DATE * EXPIRATION DATE
sr ¢JO-2015 �P
9Te CAV,IE
FILE NO.:
R - 11 - 14
SHEET NO.:
1 OF 1
NORTH LINE EXHIBIT "B" QALt-,cAIy,.,
SECTION 26 25' \T4S. R. 4 E. N 89'37'30" PROPOSEDC/L �R.
_ _
------ ==SS=====-___-_______=___=' SS ` 0 wvSs_, R3 4���D'
_N 8.937_'30" E 316.96' _ N89' 37' 30"E_ 18_1.83_'_ - GTE MH
W PALM CANYON DRIVE T.P.O.B. j R5 R 01 C6`
35' ------------- _- __ PROPOSED R/W
L3
P.O.B. LT w
0
rad 1 = N 76' 44' 50" W
rod 2 = S 76' 44' 50' f
rod 3 = S 09' 22' 54' W q 9,
rod 4 = N 56' 59' 02" W
rod 5 = N 00' 22' 30" W %CURB: v
PARCEL APN 511 060 2001
AREA OFVACA71ON
LINE TABLE ° ; 9,401.16SO.FT. o
to
LINE LENGTH BEARING I"'
L1 60.75' N89' 37' 30`E z PARCEL 2 R.S 32/3 Ih PARCEL J. R.S. 32/3 z
L2 64.94' S58' 44' 501E h
L3 223.58' S89' 37' 30'W I o
IZ
ca 64.94" S58' 44' 50 E LEGEND APN 511-060-004
L5 15.68' NIX 15' 10 E DW DRIVEWAY
L6 40.00' N13' 15' 10 E WV WATER VALVE I
SS SANITARY SEWER MANHOLE
L7 3.40' N13- 15' 10-E GTE MH GENERAL TELEPHONE & ELECTRIC MAN HOLE
N 89'35 28' E 200.00' �� N 893526" E 200.00'
CURVE TABLE CURVE TABLE ONPL LAND
CURVE If LENGTH RADIUS DELTA CURVE LENGTH RADIUS DELTA
Cl 66.24' 120.00' 31' 37' 40" C6 26.25' 17.46' 86' 0T 44' a L_S No. 8223 �
.�. EXPIRATION DATE
C2 131.95' 70.00' 108' 00' 00' C7 39.52' 40.00' 56' 36' 32' sr 6-30-2015 \Q
C3 46.92' 85.00' 31' 37' 40- C8 73.31' 55.00' 76' 22' 20" qTP of cm-\F
C4 42.12' T05.00' 22' 59' 06' SCALE 1" = 80'
C5 155.80' 105.00' 85- 00" 541 80 60 40 20 0 40 80 160 240
CITY OF PALM SPRINGS
PUBLIC WORKS AND ENGINEERING VACATION OF
DEPARTMENT RIGHT OF WAY
LEGAL DESCRFnON: DESIGN BY: ME NO.:
SEE EXHIBIT A" L.R.B. 1" = 80' R-11- 14
CHECKED BY: W.O. i SHEET NO.:
A.F. 1OF1