HomeMy WebLinkAbout9/5/2012 - STAFF REPORTS - 1.B. DOC # 2012-0469403
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RECORDING REQUESTED BY: Recorded in Official Records
CITY OF PALM SPRINGS County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: IIIII IIIIIII II IIIIIII II I II III I IIII( IIII I III
City of Palm Springs
P. O. Box 2743 S R U PAGE SIZE DA I MISC LONG RFD COPY
Palm Springs, CA 92263 1 6
Attn: Office of the City Clerk M A L 465 426 PCOR NCOR SMF G exnnw
A)chq c c T: CTY UNI alI
Filing fee EXEMPT per Government Code 6103
815
Resolution No. 23211
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND
INTEREST IN A PORTION OF RIGHT-OF-WAY IN EAST PALM
CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT)
FILE R 12-07
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RESOLUTION NO. 23211
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 RIGHT-OF-WAY IN EAST PALM
CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT), SECTION 25, TOWNSHIP 4
SOUTH, RANGE 4 EAST, S.B.M.; FILE R 12-07.
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 the public use, right-of-way access, and
public service easements, or parts thereof, within the limits of the City; and
WHEREAS, the Circulation Element of the 2007 General Plan classifies East
Palm Canyon Drive as a Major Thoroughfare, requiring 100 feet of right-of-way (50 feet
half-street); and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk
administratively set a public hearing for September 5, 2012 for City Council
consideration of vacating and closing to public use a portion of the public right-of-way
for East Palm Canyon Drive; and
WHEREAS, the City reserves a 20 feet wide easement for existing sanitary
sewer facilities within the proposed vacation area; and
WHEREAS, the City reserves an easement for the Desert Water Agency for
existing waterline facilities within the proposed vacation area; and
WHEREAS, the City reserves a pedestrian access easement within the-entire
proposed vacation area; and
WHEREAS, the City Council 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 statue; 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, being the vacated area described and shown on
Exhibits "A" and "B" attached hereto and made a part thereof, 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 a portion of right-of-way
dedicated for East Palm Canyon is unnecessary for present or prospective public use.
IIIIIIIIIIIIIIII IIIIIII INIIIIIIIIIIIIIII IIIIIIIIIIIII Ir3.2021 20f 68057R
Resolution No. 23211
Page 2
Section 2. Subject to Sections 4, 5, 6, 7, and 8, herein below, the City Council
does hereby vacate and abandon all the City's right, title and interest in a portion of the
right-of-way for East Palm Canyon described in Exhibit "A", and shown on Exhibit "B",
attached hereto and made a part hereof.
Section 3. The City Council does hereby reserve a pedestrian access
easement over the entire vacated right-of-way area described in Exhibit "A" and shown
on Exhibit `B", attached hereto and made a part hereof.
Section 4. The City Council does hereby reserve a 20 ft. wide easement for
the right to construct, maintain, repair, operate, and use underground sanitary sewer
within the vacated right-of-way area described and shown on a separate recorded
document, attached hereto and made a part hereof.
Section 5. The City Council does hereby reserve an easement for the Desert
Water Agency for the right to construct, maintain, repair, operate, and use waterline
facilities within the vacated right-of-way area described and shown on a separate
recorded document, attached hereto and made a part hereof.
Section 6. The owners, lessees, or agents of the property located at 1901
East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described
in Exhibit "A" and shown on Exhibit "B", shall be required to remove all existing street
improvements with the vacated area, subject to the approval of the City Engineer, and
shall be responsible for all costs associated herewith.
Section 7. The owners, lessees, or agents of the property located at 1901
East Palm Canyon, adjacent to the subject portion of vacated right-of-way, as described
in Exhibit "A" and shown on Exhibit "B", shall be required to grant to the Desert Water
Agency, an easement for existing and relocated underground utilities across their
property as a result of the vacation of right-of-way, and shall be responsible for all costs
associated therewith. Executed and recorded Grant Deeds conveying easements to the
Desert Water Agency, shall be provided to the City Engineer.
Section 8. In the event the obligations set forth in Sections 6 and 7 herein
above are not completely fulfilled to the satisfaction of the City Engineer within one year
of the date of the adoption of this Resolution, the action taken by the adoption of the
Resolution vacating and abandoning all the City's right, title and interest in the subject
portion right-of-way dedicated for East Palm Canyon, being the vacated area described
in Exhibit "A", and shown on Exhibit "B", shall be deemed null and void, and the action
will be automatically rescinded.
Section 9. Upon notification from the City Engineer that the obligations set
forth in Sections 4, 5, 6 and 7 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
I IIIIII IIIIIII iI � ' 95 100 zo ` 7RIIIIIII IN IIIIIIIIIIIIIIIIIIIIIIIIIIII f 6
Resolution No. 23211
Page 3
County. Upon recordation of the Resolution, the subject portion of right-of-way shall be
deemed vacated and closed to public use, except as deemed in Section 3.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF SEPTEMBER 2012.
DAVID H. READY, ANAGER
City of Palm Springs, California
ATTEST:
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
c�v,
CERTIFICATION
�Ny
�a u
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss. o
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23211 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 5, 2012 by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None. O
ABSTAIN: None.
CERTIFIED COPY MES THOMPSON, CITY CLERK
I certify that this is a true and correct copy of the document City of Palm Springs, California Opt�24/ZO r
on file in the official records of the City of Palm Springs.
Chief Deputy City Clerk
This certification must appear In blue with an original
signature.
EXHIBIT "A"
LEGAL DESCRIPTION
R 12-07
PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M., AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14, PAGE 652, OF MAPS OF SAN DIEGO COUNTY, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6,EXCEPTING THE NORTHERLY 10.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO. 21865 RECORDED
APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT`B"AND MADE A PART THEREOF.
LAND Sli
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No. 6687
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SEWER\ROW VAC.do x Page 1 of 1 LLE R LS 66 7
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EXHIBIT 'B'
1 _ NAY LINE NW 1/4 SEC. 25, US, R4E, SBM_
EAST PALM CANYON ROAD o I
L I
N89 56'02'W 190.34'La I
N89056'022W N00'27'36'E L,
10 ^ 95.00' 10.00' M o ROW MA70 BYRES
PORIM Off'LOT 6 OF PAW VALLEY LO P �_ NO. 21865 4/13/O8
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Cg41FOR CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 5, 2012 PUBLIC HEARING
SUBJECT: RIGHT-OF-WAY VACATION OF A PORTON OF EAST PALM CANYON
DRIVE AT 1901 EAST PALM CANYON DRIVE (COCO'S
RESTAURANT), SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M.; FILE R 12-07
FROM: David H. Ready, City Manager
BY: Public Works and Engineering Department
SUMMARY
Pursuant to Division 9, Part 3, Chapter 3 of the Streets & Highways Code of the State of
California, the City is required to hold a Public Hearing to discuss and review the
vacation of public right-of-way and easements. After consideration of testimony received
at the Public Hearing, the City Council can consider denial or approval of the requested
public 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 RIGHT-OF-
WAY IN EAST PALM CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT), SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4
EAST, S.B.M.; FILE R 12-07".
STAFF ANALYSIS:
On March 21, 2012 the Planning Department received a Minor Architectural Application
(MAA Case No. 3.0297)) for vacation of the frontage road and landscape revisions
including a new driveway entrance at 1901 E Palm Canyon Drive (Coco's Restaurant).
On July 5, 2012, the Engineering and Public Works staff received an application from
Smoketree Inc., a California Corporation and Donahue-Schreiber, REIT Construction, to
vacate a portion of public right-of-way located along the frontage of Coco's reducing the
REM M 1��
City Council Staff Report
September 5, 2012 - Page 2
Vacation of Right-of-Way at 1901 East Palm Canyon Drive (Coco's Restaurant)
south-half of East Palm Canyon Drive from 101 feet to 50. The City's General Plan,
adopted in 2007, classifies East Palm Canyon Drive as a Major Thoroughfare with 100
feet minimum full width. The intent of the vacation is to allow the owner/developer to
remove the existing frontage road, remove one of the parking lot driveways off East
Palm Canyon, reconfigure the parking lot, provide a new access from the Coco's
parking lot to the Smoke Tree Commons parking lot, and reconfigure the sidewalk and
frontage to integrate with the adjacent Smoke Tree Commons landscaping along East
Palm Canyon Drive frontage.
On July 9, 2012 the Architectural Advisory Committee (AAC) approved the proposed
vacation and improvements to the Coco's Restaurant frontage along East Palm Canyon
Drive. On July 25, 2012, the Planning Commission reviewed the proposed
improvements and vacation of right-of-way, and approved the project finding it
consistent with the City s General Plan.
Public utility agencies were notified and most had no objections to the vacation.
Exceptions include the City's request for an easement for an existing sanitary sewer line
within the vacated area. The City will reserve a pedestrian access easement over the
entire vacated area to coincide with the Smoke Tree Commons' sidewalk along East
Palm Canyon Drive. Desert Water Agency (DWA) has requested an easement for their
facilities from within the frontage road to East Palm Canyon Drive. DWA will require that
the existing water meters be adjusted outside of the proposed sidewalk, and that the
existing fire hydrant location be abandoned and relocated to Smoke Tree Lane to
provide fire department access. DWA will also require a backflow preventer be installed
on the City water meter which is adjacent to the Coco's water meter. All public utility
easements will be recorded and copies submitted to the City Engineer prior to the
formal recordation of the Resolution of Vacation. An existing bus stop shelter, along with
traffic signal equipment at the N.E. corner of East Palm Canyon & Smoke Tree Lane will
be excluded from this vacation and will remain in the public right-of-way.
The City Council's approval of this action will authorize the owner/developer to enter
public right-of-way and remove the existing frontage road, allowing for the required
relocation of existing waterline appurtenances, prior to the formal recordation of the
Resolution of Vacation.
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 September 5, 2012 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.
02
City Council Staff Report
September 5, 2012 - Page 3
Vacation of Right-of-Way at 1901 East Palm Canyon Drive (Coco's Restaurant)
Staff recommends that the City Council conditionally adopt the attached Resolution,
which will vacate a portion of public right-of-way for East Palm Canyon Drive at 1901 E.
Palm Canyon Drive (Coco's Restaurant).
FISCAL IMPACT:
None.
David J. Barakian Thomas J. Wilvff
Director of Public Works/City Engineer Assistant City Manager
City of Palm Springs, California City of Palm Springs, California
David H. Ready, City M
City of Paim
Springs, Ca i omia
ATTACHMENTS:
1. Vicinity Map
2. Figure 1
3. Resolution
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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 RIGHT-OF-WAY IN EAST PALM
CANYON DRIVE AT 1901 EAST PALM CANYON DRIVE
(COCO'S RESTAURANT), SECTION 25, TOWNSHIP 4
SOUTH, RANGE 4 EAST, S.B.M.; FILE R 12-07.
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 the public use, right-of-way access, and public
service easements, or parts thereof, within the limits of the City; and
WHEREAS, the Circulation Element of the 2007 General Plan classifies East Palm
Canyon Drive as a Major Thoroughfare, requiring 100 feet of right-of-way (50 feet half-
street); and
WHERAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for September 5, 2012 for City Council consideration of vacating and
closing to public use a portion of the public right-of-way for East Palm Canyon Drive;
and
WHEREAS, the City reserves a 20 feet wide easement for existing sanitary sewer
facilities within the proposed vacation area; and
WHEREAS, the City reserves an easement for the Desert Water Agency for existing
waterline facilities within the proposed vacation area; and
WHEREAS, the City reserves a pedestrian access easement within the entire proposed
vacation area; and
WHEREAS, the City Council 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 statue; 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, being the vacated area described and shown on
Exhibits "A" and "B" attached hereto and made a part thereof, 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:
06
City Council Staff Report
September 5, 2012--Page 8
Right-of-Way Vacation for a portion of East Palm Canyon Drive
Section 1. The City Council does hereby find that a portion of right-of-way dedicated
for East Palm Canyon is unnecessary for present or prospective public
use.
Section 2. Subject to Sections 4, 5, 6, 7, and 8, herein below, the City Council does
hereby vacate and abandon all the City's right, title and interest in a
portion of the right-of-way for East Palm Canyon described in Exhibit "A",
and shown on Exhibit "B", attached hereto and made a part hereof.
Section 3. The City Council does hereby reserve a pedestrian access easement over
the entire vacated right-of-way area described in Exhibit "A" and shown on
Exhibit "B", attached hereto and made a part hereof.
Section 4. The City Council does hereby reserve a 20 ft. wide easement for the right
to construct, maintain, repair, operate, and use underground sanitary
sewer within the vacated right-of-way area described and shown on a
separate recorded document, attached hereto and made a part hereof.
Section 5. The City Council does hereby reserve an easement for the Desert Water
Agency for the right to construct, maintain, repair, operate, and use
waterline facilities within the vacated right-of-way area described and
shown on a separate recorded document, attached hereto and made a
part hereof.
Section 6. The owners, lessees, or agents of the property located at 1901 East Palm
Canyon, adjacent to the subject portion of vacated right-of-way, as
described in Exhibit "A" and shown on Exhibit "B", shall be required to
remove all existing street improvements with the vacated area, subject to
the approval of the City Engineer, and shall be responsible for all costs
associated herewith.
Section 7. The owners, lessees, or agents of the property located at 1901 East Palm
Canyon, adjacent to the subject portion of vacated right-of-way, as
described in Exhibit "A" and shown on Exhibit "B", shall be required to
grant to the Desert Water Agency, an easement for existing and relocated
underground utilities across their property as a result of the vacation of
right-of-way, and shall be responsible for all costs associated therewith.
Executed and recorded Grant Deeds conveying easements to the Desert
Water Agency, shall be provided to the City Engineer.
Section 8. In the event the obligations set forth in Sections 6 and 7 herein above are
not completely fulfilled to the satisfaction of the City Engineer within one
year of the date of the adoption of this Resolution, the action taken by the
adoption of the Resolution vacating and abandoning all the City's right,
title and interest in the subject portion right-of-way dedicated for East Palm
Canyon, being the vacated area described in Exhibit "A", and shown on
07
City Council Staff Report
September 5, 2012--Page 9
Right-of-Way Vacation for a portion of East Palm Canyon Drive
Exhibit "B", shall be deemed null and void, and the action will be
automatically rescinded.
Section 9. That, upon notification from the City Engineer that the obligations set forth
in Sections 4, 5, 6 and 7 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 the Resolution, the
subject portion of right-of-way shall be deemed vacated and closed to
public use, except as deemed in Section 3.
ADOPTED this 5th day of September, 2012
David H. Ready, City Manager
City of Palm Springs, California
ATTEST:
James Thompson, City Clerk
City of Palm Springs, California
08
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 5, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
09
EXHIBIT "A"
LEGAL DESCRIPTION
R 12-07
PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M.,AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14, PAGE 652, OF MAPS OF SAN DIEGO COUNTY, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6,EXCEPTING THE NORTHERLY 10.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO.21865 RECORDED
APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT`B"AND MADE A PART THEREOF.
0 LAMD S
KEQ `Es
No. 6687
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_ 11
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Desert Water Agency
Exempt from filing far per G.C.§6103
Post Office Box 1710 ��
Palm Springs,CA 92263-1710 D
GRANT OF EASEMENT
(Non-Exclusive)
hereinafter called GRANTOR,
does hereby grant and convey to DESERT WATER AGENCY, a public agency, its
successors and assigns,hereinafter called GRANTEE, a perpetual easement and right-of-
way to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and
remove water and sewage pipelines and appurtenances and electrical and communication
conduits and appurtenances, with all connections thereto, together with the right of
ingress and egress, across, along, over, under, through, and within that certain real
property in the County of Riverside,State of California,described as follows:
See Exhibits"A"Attached
GRANTEE covenants to maintain the perpetual easement and right-of-way in
good repair so that no unreasonable damage will result to the adjacent land of the
GRANTOR, his successors and assigns, from its use. GRANTEE reserves the right to
clear all brush, plants, shrubs, trees, trash, and other obstructions from the perpetual
easement and right-of-way.
GRANTOR, his successors and assigns covenants that it will not erect, place, or
maintain, or allow to be erected,placed,or maintained, within the boundaries of the said
perpetual easement and right-of-way, any structure, without first securing permission of
the GRANTEE, and that it will not plant or maintain or permit to be planted or
maintained, any plants, shrubs, or trees that may interfere with the full and complete use
of the perpetual easement and right-of-way. GRANTOR agrees that GRANTEE, its
successors and assigns, and its agents and employees, may trim or remove any plants,
shrubs,or trees that encroach on the permanent easement and right-of-way.
Any use hereinabove permitted to be made of the surface of said land by
GRANTOR or its heirs or assigns, shall be exercised so as not to impair, endanger or
interfere with the present or prospective exercise of any of the rights herein granted.
GRANTEE shall not be liable for the replacement of decorative concrete or other
surface improvements except asphalt concrete surfacing which GRANTEE may be
required to remove in the future to gain access to its pipelines and appurtenances.
GRANTOR hereby covenants on behalf of itself, its heirs, successors and assigns
that if any type of gate or other structure is constructed which could restrict GRANTEE'S
ingress and egress to said system, a utility access control box will be installed as part of
the operating portion of said structure to ensure GRANTEE'S free access to its easement.
Said box shall be of a type and style approved by GRANTEE and shall be supplied at the
GRANTOR'S expense.
G'LnLiORMS'Ee Nn R 01'0108
12
GRANT OF EASEMENT
Page 2
The terms and covenants of this perpetual easement and right-of-way shall bind
and inure to the benefit of the heirs, executors,administrators and assigns of GRANTOR
and to the successors and assigns of GRANTEE.
IN WITNESS WHEREOF,this instrument is executed on this,the day
of 2008.
(Grantor)
By:
Title:
DRAFT
NOTARY ACKNOWLEDGMENT
State of California
County of Riverside ss.
On before me, ,a Notary Public,
personally appeared who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the attached instrument and
acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies),and that,by
his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Si�ameofNonry
N.,Sul
GLf4}Y1RM$FmNq Ra.0101 W
13
EXHIBIT "A"
LEGAL DESCRIPTION pRp
R 12-07
i
PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M.,AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14, PAGE 652, OF MAPS OF SAN DIEGO COUNTY,RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS: a
s
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6,EXCEPTING THE NORTHERLY 10.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO. 21865 RECORDED
APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET,MORE OR LESS,AS SHOWN
ON EXHIBIT"B"AND MADE A PART THEREOF.
a
.f ►SEC( . 1
D:WISURVEYt7001.205Wwg%ROW '
SEWERIROW VACAd Page i of 1 LS
14
3
E
EXHIBff 'B'
- rump
_ 1 — N/LY LINE NW 1/4 SEC. 25, T4S, R4E, SBM
EAST PALM CANYON ROAD o
I � I
N89 56'02"W 190.34' I
N89'56'02"W N00'27'36"E w
n b. 95.00'
N 10.00' o pow MgCATM 6Y RES
i, o PORM OF LOT 6 OFL!PA VALLEY p 21W5 4/23/0Q
w o PO06-0201625 O.R.
p t CMaVYLAND$ SOME 14/652 OR o
i 14612 SF t Z
[N89'56'04"W 285.70'1 ——————
PARM 2
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[xxx] INDICATES RECORD DATA PER PM 7967 PMB 41/78
[N89'56'04"W 287.07']
o PM M7 SCALE 1"=50' 1
PW 41/78
0 25 50 100 150
CPS FILE NO. R 12-07
PREPARED BY:
78-080 CALLE AMIGO, SUITE 102
LA QUINTA, CA 92253 No. 6687
760-219-9886 - 760-262-3000 (FAX)
dale@kellehermapping.com DACE z, I? TEq
LS 6687 EXP. 6-30-14
15
Recording
Requested by and
After Recording
Return to:
City Clerk DRAFT
City of Palm Springs
Box 2743
Palm Springs, Ca 92263
(FOR R ORD R �I
Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply.
File No. R 12-14 NO DOCUMENTARY STAMPS NEEDED
GRANT OF EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged,
Smoke Tree Inc., a California Corporation
hereby grants to
The City of Palm Springs, a Municipal Corporation
an easement,with the right to construct, maintain, repair, operate,and use, underground sanitary sewer,
in, on, under, over and across the real property(APN 510-020-030), in the City of Palm Springs, County
of Riverside, State of California, described as follows:
Being over the land described in in Exhibit"A" and shown on Exhibit"B"attached hereto and made a part
hereof.
Date: Smoke Tree, Inc., a California Corporation
By:
Print Name:
Its:
16
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
} SS
V-'ftAFT
COUNTY OF }
On before me, ,Notary Public,
DATE
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s)on the instrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct. (Seal)
WITNESS my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
17
EXHIBIT"A" �� '•
SEWER EASEMENT
LEGAL DESCRIPTION r
R 12-14
3
AN EASEMENT OVER A PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4
SOUTH,RANGE 4 EAST, S.B.M.,AS SHOWN ON THE MAP OF PALM VALLEY
COLONY LANDS FILED IN BOOK 14, PAGE 652, OF MAPS OF SAN DIEGO
COUNTY, RECORDS OF RIVERSIDE COUNTY,STATE OF CALIFORNIA,BEING ;
A STRIP OF LAND 20.00 FEET WIDE LAYING 10.00 FEET EACH SIDE OF A
CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL I OF
PARCEL MAP NO. 7967 AS SHOWN IN PARCEL MAP BOOK 41,PAGE 78,
RECORDS OF SAID RIVERSIDE COUNTY, THENCE ALONG THE
WESTERLY LINE OF SAID LOT 6 NORTH 00024'45"EAST A DISTANCE E
OF 18.90 FEET TO THE TRUE POINT OF BEGINNING; ?
THENCE NORTH 89059'18"EAST A DISTANCE OF 263.57 FEET;
THENCE NORTH 00027'36"EAST A DISTANCE OF 31.75 FEET TO THE
POINT OF TERMINATION ON THE SOUTHERLY LINE OF THE
NORTHERLY 50.00 FEET OF SAID LOT 6,SAID POINT BEING NORTH
89056'04"WEST A DISTANCE OF 21.77 FEET FROM THE NORTHWEST
CORNER OF PARCEL 2 OF PARCEL MAP NO. 34289 AS SHOWN IN
PARCEL MAP BOOK 225, PAGES 55 THROUGH 57, INCLUSIVE,
RECORDS OF SAID RIVERSIDE COUNTY.
t
a
LAND
KEL(FFGF�
v O yp qp
No. 6687
PREPARED Y: � .:-
i
D:WASURVE'A7001.205Wwg1ROW Au ust2 201
SEWERISEWER ESMT.d= Page 1 of 1 .. *A L -6687
18
EXMff ,B. DRAFT
1 — NAY LINE NW 1/4 SEC. 25, T4S, R4E, SBM & lot 6 PVCL MB 14/652
EAST PALM CANYON ROAD
CD
"' P.O.T. I
N8956'04"W 285.34' I
263.57' 21.77'
o T.P.0.6. ppp7/py 04- Oc LOT 6 OF PAW VALLEY COLQNY LAW-2 SVW 14/B5z OR M ROW VACA70 BY RES
263.57' — —_ — Afa AW-02 a
[NB9'56'040W 285.70'] PArmxx 2
°: P.O.C. PM J4289
W LINE TABLE PMg 2251W-57
LINE BEARING LENGTH o
LLJ L1 NOO'27 36"E 31.75' cd
uj
_ N
o $
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O
� PM 7967 N N
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[xxx] INDICATES RECORD DATA PER PM 7967 PMB 41/78
I
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0 25 5 100 150
CPS F&E NO, R IZ-IL,
PREPARED BY:
K
78-080 C,4LLE AMIGO, SUITE 102
LA QU/NTA, CA 92253 f No. 6687
760-2I9-9886 - 760-262-3000 (FAX) 1 'vyI i
dale@kellehermapping.com LS 6fi87ELLEHER, EXP. 6 DATE
4 s?9�oF
19
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
City Council
Meeting Date: September 5, 2012
Subject: Right-a-Way Vacation— Coco's
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on August 22 and 29, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
�L- 6�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk on August 20, 201.2.
1`declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
20
The Desert Sun Certificate of Publication
750 N Gene Autry Trait
Palm Springs, CA 92262
760-778-0578/Fax 760-778-0731 L 1
2012 AUG 30 Ah 8: 10 No2214
PPp Rib R7
State Of California as: CITY CL,-
County of Riverside NOTICE Is HERESY e m M a 1's
of NOTICE
E I d Palm
ante vd9r Ch tp er_3. itre la f��
�vaffi3ry a PauaablalccM#wayfor
Advertiser: r paaa IMve, dCated seer of as
Tree Lana EwaitahLtn�25,�owm�NP 44 arw}
CITY OF PALM SPRINGS/LEGALS ahoww on EdYNrIe A rmCdtty��ar�'�0hereto
and made a e�errrL die Lar1Fl Ir Palm Wr
PO BOX 2743 �. q.!�!�ad110�
PALM SPRINGS CA 922632 LEM
oGIbR�A�
RIM
PORTION OF LOT a OF SECTION 25 TOWN-
S��p0P 4 SOUTH RANGE 4 EAST SkA. AS
SHOWNI ON Tlit MAP OF PALM VWJEY COL'
2000333746 I ONY LANDS FILED IN 1i00X 14 PAGE 6&OF
MAPS OF SAN DIEG�O COUNf1�RECOR OF
RNERSIDE COUNTY STATE I*CAUFORN IA,
j MORE PARTICULARLY DESCRIBED AS FOL•
LOWS:
T1E i6MERLY 61.00 FEET OF THE NOF"-
f EfLLy 101.00 FEET OF SAID LOT 6 EXCEPT-
ING THE NORTHERLY 10.00 FEET" OF THE
WESTERLY 96.00 FEET THEREOF.
I am over the age of 18 ears old, a citizen of the United _ ANIO ALSO EXCEPTING THEREFROM THAT
9 Y ON OF A04T OF WAY VACA. 6y
States and not a party to, or have interest in this matter. I (X�pF PALM SPRINGS
N0.
herebycertify that the attached advertisement appeared 21 WRECORDED APRIL 232008 AS IN8TRI1•
N Dp ' MENT NO.20W=1026,O. ON SQUARE
in said newspaper (set in type not smaller than non panel) i SAID AREA CONSISTS OM AS F 1 s12 SQUARE
in each and entire issue of said newspaper and not in any R'a.AT.NDNADEIAPXWTHEREOF.
supplement thereof on the following dates,to wit: r
r
Newspaper: .The Desert Sun
8/22/2012 8/29/2012 q -fit.I E
I
I acknowledge that I am a principal clerk of the printer of
The Desert Sun, printed and published weekly in the City
of Palm Springs, County of Riverside, State of California.
The Desert Sun was adjudicated a newspaper of general
circulation on March 24, 1988 b the Superior Court of the A Public ro axxwider n9 of eua
y .way ehM be Mg aSi Ba MpromSaer
County of Riverside, State of California Case No. ��tw,r Calald �npd �
191236. „ Teaqu�CeeYcn a,, yialm
Cal Momla•
I declare under penalty of perjury that the foregoing is true COMMENT ON THIS APPLICATION:
to"robe,m"bo m9tls ve If at ft�a,��Ny,
and correct. Executed� i 29th dayof August, 2012 in �i.a�ara andror In to*ar(torpme2 of of 9 �CRY 01esla>r�.
Palm Springs,Calif ia. d City City ClWk
520 al Wa
y
1'
alIn=Sae�.
i/ �ra bpep edl14
on did"leirulIS
In tl»MON
CWIICi1pH��aubrMaed et ar Drlor 19
cl Sig ature An Willa Ebr9rr IeY
yp to 12_
lV L"«z W !H E"yneer )
VM,GA S73'e. an91
SInecadrasYutlaconeas`mlpaalawdadanebkr�a rri
to Ctuded do Feellips Pi
KaVW
HHtsmrti, aPilm g2g.92b9.B1d.3742
chist DeWrYCity Cis*
sos,sfsalli
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
City File R 12-07
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, in accordance with Chapter 3, Part 3, Division 9, Sections 8320 through 8323
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, located east of
Smoke Tree Lane within Section 25, Township 4 South, Range 4 East, more particularly
described and shown on Exhibits "A" and "B", attached hereto and made a part thereof;
City File R 12-07; an application made through the City of Palm Springs.
A Public Hearing to consider vacating of the subject public right-of-way shall be held on
September 5, 2012. 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 may 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 Dave Barakian, Director of Public
Works/City Engineer, Department of Public Works and Engineering, (760) 323-8253,
ext. 8732.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs. Puede
hablar con Felipe Primera telefono (760) 323-8253, ext. 8742.
Kathie Hart, CMC
Chief Deputy City Clerk
21
i
EXHIBIT "A"
LEGAL DESCRIPTION 3
R 12-07
PORTION OF LOT 6 OF SECTION 25, TOWNSHIP 4 SOUTH,RANGE 4 EAST,
S.B.M., AS SHOWN ON THE MAP OF PALM VALLEY COLONY LANDS FILED
IN BOOK 14,PAGE 652, OF MAPS OF SAN DIEGO COUNTY, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 51.00 FEET OF THE NORTHERLY 101.00 FEET OF
SAID LOT 6, EXCEPTING THE NORTHERLY 10.00 FEET OF THE
WESTERLY 95.00 FEET THEREOF.
AND ALSO EXCEPTING THEREFROM THAT PORTION OF RIGHT OF WAY
VACATED BY CITY OF PALM SPRINGS RESOLUTION NO. 21865 RECORDED
APRIL 23, 2008 AS INSTRUMENT NO. 2008-0201625, O.R.
SAID AREA CONSISTS OF 13,612 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT`B"AND MADE A PART THEREOF. i
s
s
3
i
i
1
i
No.
7 k
®.
I
DAAASURVEYV001.205\dng ROW Auatmft 2 2012 t
SEWERIROW VACAd Page f of 1 LS 607 ---
a
22
1
S
{
EXHIBIT 'B'
_ _
N/LY LINE NW 1/4 SEC. 25, T4S, R4E, SBM
EAST PALM CANYON ROAD o t
t LO I
N89.56'02'w 190.M t
N89'56'02"W N00'27'360E
95.00' 10.00' n ROM'VACATED BY RES
i, o PORMN OF LOT 6 OF PALM VALLEY N P $ NQ 21W5 4/ ID4
o COMY LAADS; LMB S 141652, OR o {200W-0?0l6?$ RR.
z 146129-i Z �
[N89-56'04-W 285.701
W PARCEL 2
PM 34209
FINS 225155-57
� _ t
CL r
W 00
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Z o
0
o PARCEL 1 0
LLJ
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PMB 41/78 w Qo
0
W v z
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(xxx) INDICATES RECORD DATA PER PM 34289 PMB 225/55-57
[xxx] INDICATES RECORD DATA PER PM 7967 PMB 41/78
� 3
[N89'56'04'W 287.07']
Ow
PARCa o PL1 i SCALE 1"=50'
- PAA? 41/78
0 25 50 100 150
CPS FILE NO. R 12-07 1
1
PREPARED BY: . LANd 1
�aa�a�Q Gaappoac� v��,� KEL< a
78-080 C.4LLEAM/GO, SUITE 102 No. 6687
LA CUINT,4, CA 92253
760-219-9886 - 760-262-3000 (Fax) L, I
dale@kellehermapping.com DALE K LENER, DATE
LS 6687 EXP. 6-30-I1, (OF CA4�
23