HomeMy WebLinkAbout2006-04-05 STAFF REPORTS 1B O�p PA M S,,
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RIO, City Council Staff Report
CITY COUNCIL APRIL 5, 2006
PUBLIC HEARING
Subject: RIGHT-OF-WAY VACATION OF A PORTION OF VIA MIRALESTE
ADJACENT TO THE PROPERTY LOCATED AT 550 E. MIRALESTE
COURT, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-05-36
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 VIA MIRALESTE ADJACENT TO THE PROPERTY
LOCATED AT 550 E. MIRALESTE COURT, IN SECTION 11, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-05-036;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On November 8, 2005, staff received a request from Mr. Joel D. Mugge and Mr. Adam
Hamilton to vacate excess public right-of-way for Via Miraleste adjacent to their property
located at 550 F. Miraleste Court. The request for the right-of-way vacation is a result
of the property owners' separate application to construct a new garage structure on the
property at a set-back from Via Miraleste identical to the set-back for the existing
residence.
Item No. .
VIA MIRALESTE RIGHT-OF-WAY VACATION
April 5,2006
Page 2
The property, identified as Lot 1 of the map of "Miraleste Estates" recorded November
21, 1950, dedicated an original 30 feet of right-of-way for Via Miraleste. Subsequently,
the designation for Via Miraleste was changed to a secondary thoroughfare, requiring
an additional right-of-way dedication of 14 feet. This additional right-of-way was granted
to the City by separate deed in 1970. Subsequently, as part of a previous General Plan
Update or Amendment, the designation for Via Miraleste was changed once again to a
collector road, requiring only the original 30 feet of right-of-way adjacent to the subject
property. The additional (excess) 14 feet of right-of-way granted to the City in 1970 is
the portion of public right-of-way for Via Miraleste that is the subject of the Public
Hearing.
On February 8, 2006, the City of Palm Springs Planning Commission approved Case
No. R-05-036, and determined that the proposed right-of-way vacation was consistent
with the Circulation Element of the Palm Springs General Plan.
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 5, 2006, 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. City
staff coordinated with the public utility companies and verified that no public utilities
have existing facilities within the vacated area, requiring reservation of a public utility
easement.
Staff recommends that the City Council adopt the attached Resolution, which will vacate
the "excess" right-of-way for a portion of the right-of-way dedicated for Via Miraleste
adjacent to the property located at 550 E. Miraleste Court.
FISCAL IMPACT: IFinance Director Review: t,
None. y
r4
David J. Barakian Thomas J. VVIlson
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, OttyZa—rager
ATTACHMEN"I-S:
1. Vicinity Map
2. Resolution
3. Exhibits "A" and "B"
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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 PUBLIC RIGHT-OF-WAY DEDICATED
FOR VIA MIRALESTE ADJACENT TO THE PROPERTY
LOCATED AT 550 E. MIRALESTE COURT, IN SECTION
11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-036
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 5, 2006, for City Council consideration of vacating and closing to
public use a portion of the public right-of-way dedicated for Via Miraleste adjacent to the
property located at 550 E. Miraleste Court; 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 Via Miraleste adjacent to the property located at 550 E. Miraleste Court,
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 Via Miraleste adjacent to the property located at 550 E. Miraleste Court is
unnecessary for present or prospective public use.
Section 2. 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 Via Miraleste adjacent to
the property located at 550 E. Miraleste Court, as the vacated area is described and
shown on Exhibits "A" and "B", attached hereto and made a part hereof.
Resolution No.
Page 2
Section 3. 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 5" day of April, 2006.
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 5, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "A"
PROPOSED RIGHT OF WAY VACATION
LEGAL DESCRIPTION
THAT 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,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER LOT 1 OF MIRALESTE ESTATES,AS RECORDED IN
BOOK 24, PAGE 26, OF MAPS, RECORDS OF RIVERSIDE COUNTY
THENCE N 890 55'00" E,A DISTANCE OF 66.03 FEET,TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 20.00 FEET,AND A RADIAL BEARING OF
N 00°05'00"W, THE BEGINNING OF SAID TANGENT CURVE IS ALSO THE TRUE POINT OF BEGINNING
THENCE IN A EASTERLY AND NORTHERLY DIRECTION ALONG SAID CURVE,AN ARC LENGTH OF
31.39 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 890 55'00"
THENCE N 000 00'00" E, AND A DISTANCE OF 155.03 FEET,TO THE NORTHERLY LINE OF
LOT 1, OF MIRALESTE ESTATES, AS RECORDED IN BOOK 24, PAGE 26, OF MAPS, RECORDS OF
RIVERSIDE COUNTY.
THENCE N 890 55'00" E, A DISTANCE OF 14.00 FEET
THENCE S 000 00' 00"W, A DISTANCE OF 155.03 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 20.00 FEET,AND A RADIAL BEARING OF
N 900 00'00"W,THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE,AN ARC LENGTH OF
31.39 FEET, WHICH SUBTENDS A CENTRAL ANGLE OF 89°55'00"
THENCE S 890 55'00"W, A DISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGINNING
THE AREA OF THE STREET VACATION IS 2450 SQUARE FEET(0.06 ACRES)
u JANUARY 07,2006
RO?r1IFL{)_,1LELAS LS 7424 DATE \ONPL LA�yO SG�L
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R9NAtB"VLASCO
Exp. 12-31-2007
No. 7424 �Q
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FILE NO.:
R- 05 - 036
SHEETNO.:
1 OF 2
EXHIBIT "B"
N 89055'00" E 100.00' N 89055'00" E 100.00'
N 89055'00" E 86.00'
I
EXISTING RIGHT OF WAY
AS PER INSTRUMENT 30.00'
No. 103120 RECORED PROPOSED
OCT. 13,1970, OFFICIAL RIGHT OF WAY
RECORDS RIVERSIDE
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Exp. 12-31-2007 0' 40' 80' 120'
sJ No.7424
9�F OF CA01 -
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P� Ms APPROVED :
qx CITY OF PALM SPRINGS
y PUBLIC WORKS AND ENGINEERING �� `'/ � 7987
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" =40' R 05 - 036
SEE EXHIBIT"A" CHECKED BY: W.O.# SHEET NO.:
2OF2
0
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Marco Moracha says:
1. 1 am a citizen of the United States, a
resident of the City of Palm Springs,
County of Riverside, State of California,
and over the age of 18 years.
2. 1 am the Production & Research
Assistant of The Public Record, a
newspaper of general circulation
printed and published in the City of NOTICpOOTMC PUBLIC HEADING
OONO L
TY OP PALM
Palm Springs, County of Riverside, 61 pit,Mo.9--05036 SPRINGS
State of California. Said The Public A pertlgncl public right-rf•way oadleamd for Via
Miralesta adjacent to the PrOPem'lecetcd at SIO E.
Record is a newspaper of general Mlrale3te Court
circulation as that term Is defined in NOTICE IS HEREBY GIVEN that no City Cgundll the
City of PElm Spnnga Oehlornid,will hold a Pebllc Hearinq
Government Code section 6000, its w consider the prop...d igllt-of•way vacation at Its meet-
status as such having been established 6.d of April i In.City The City amber° m city
Hr begin^ at
6.GG P.M.In the CI Council Chamber o1 Cny Hmll Iecatgtl
by judicial decree of the Superior Court 22QU P.
by Prae the Canyon
Puhlc H garin9 s
T 1,acrialtlV cab
of the State of California in and for the Ing a ponien of public right-cf-war °adlcoled for Via
Mhaleats zdlaaom. to the proParry Imcetrd at 510 E
County of Riverside in Proceeding No. M,mlaste.gun more panOW.rly descnbed and shown on
Indio 49271, dated March 31 1987, Exhibits in A'Snd 16 11 TOart,msdhgrewand anor,a part here,
al,all In -026,a 11 7o uncle 4 South Menge a City
CITY
entered (n Judgment Book No. 129, Springs.
N-03-039 an gppllcaticn matlethrougn the Clry of Palm
page 355, on March 31, 1987,
COMMENT ON THIS APPLICATION: Response to this
nonce can be made ve Inglly at the comments obhc Hearing and/or e
3. The Public Record is a newspaper of writing betrm the nmaring Wrinc. )Sprino'is p(made
tg the Clty Council of the CIN of Palm Springs by
general circulation ascertained and m,,Ior hand dchvery)la
established in the City of Palm Springs James Tnmmpsg. City Clerk
in the County of Riverside State of 3.Gtl mE.Spri.2"TabRaltz Canyon Way
, Palm Springs,GA 92262
California, Case No. RIC 358286, Filed mrillen the Proposed ease-
June 8, 2001. P any Individual or arm p g
mcnn vacation acorn In court,issues raised be hinilsd
ID only those lasuce relamtl et the Publich.He Heanng dccmdbed
4. The notice, of which the annexed is a in the ncticc Or In written correspandcnce su4mlusd at or
true printed copy was published in the p"rr=c tie Orly Council Hearing
newspaper on the following publication Ad persons Tl0/ II b.Qhar Ou,,rr said iganngtoralllntcrMay
sd opportunity
it be heard Gueati sai rnearing this case may
dates to with: be directed to Marcds Fuller, c la imt)I P Puboc Work.
WorkelikssL-taut City Engineer, p
and gnglneeong,(760)323-8253,alit.671
5I .aces,[. ayuda con atila Carta ponavmr Ilamv a Ig
oludad March 21 , 2006 O1.10nod�Palm Springs(7EG)323-8253 r Ductim eXT 2742Eblgt pe Pdmgra
Jamess Thrmpoon
March 28, 2006 city C'erh
I certify under penalty of perjury that the
above is true and correct.
Dated at Palm Springs, California, this
28th day of arch, 2006.
Marco Moracha
Production ;fit sft?oI - 'a`�� 9GtiZ
I
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Marco Moracha says:
1. 1 am a citizen of the United States, a
resident of the City of Palm Springs,
County of Riverside, State of California,
and over the age of 18 years.
2. 1 am the Production & Research
Assistant of The Public Record, a
newspaper of general circulation
printed and published in the City of
Palm Springs, County of Riverside,
State of California. Said The Public
Record is a newspaper of general
circulation d in
as that term s defined Po„W���•°--°�
Government Code section 6000, its
�mn�„A.wmww•�erori�Mm°.mnr�"M a'—"^�
status as such having been established µ�;«c.,u���r��•"�Y=w^'`�"�
by judicial decree of the Superior Court
of the State of California in and for the
County of Riverside in Proceeding No.
Indio 49271 , dated March 31, 1987, = —
entered in Judgment Book No. 129,
page 355, on March 31, 1987.
3. The Public Record is a newspaper of
general circulation ascertained and
established in the City of Palm Springs
in the County of Riverside, State of
California, Case No- RIC 353256, Filed -H"
June 8, 2001 . '
4. The notice, of which the annexed is a µuaq;rpj ,
true printed copy was published in them f_ I
newspaper on the following publication
nal. Is
dates to with:
March 21, 2006
March 28, 2006
I certify under penalty of perjury that the • 1
above is true and correct. ....
Dated at Palm Springs, California, this
28th day of March, 2006.
����/ 1r t;7�•l I� � I^ ryrmTr�r., MSIc�06 I ��
Marco Moracha f -. ;, . q
Production
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
File No. R-05-036
A portion of public right-of-way dedicated for Via Miraleste adjacent to the
property located at 550 E. Miraleste Court
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing to consider the proposed right-of-way vacation at
its meeting of April 5, 2006. 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.
The purpose of the Public Hearing is to consider vacating a portion of public right-of-
way dedicated for Via Miraleste adjacent to the property located at 550 E. Miraleste
Court, more particularly described and shown on Exhibits "A" and "B", attached hereto
and made a part hereof, all in Section 11, Township 4 South, Range 4 East; City File R-
015-036; an application made through the City of Palm Springs.
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, portavor Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253, ext. 8742.
-
ames Thompson
City Clerk
EXHIBIT "A"
PROPOSED RIGHT OF WAY VACATION
LEGAL DESCRIPTION
THAT 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,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER LOT i OF MIRALESTE ESTATES,AS RECORDED IN
BOOK 24, PAGE 26, OF MAPS, RECORDS OF RIVERSIDE COUNTY
THENCE N 890 55'00" E, A DISTANCE OF 66.03 FEET,TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 20.00 FEET,AND A RADIAL BEARING OF-
N 00°05'00"W,THE BEGINNING OF SAID TANGENT CURVE IS ALSO THE TRUE POINT OFBEGINNING
THENCE IN A EASTERLY AND NORTHERLY DIRECTION ALONG SAID CURVE,AN ARC LENGTH OF
31.39 FEET WHICH SUBTENDS A CENTRAL ANGLE OF 890 55'00"
THENCE N 000 00'00" E,AND A DISTANCE OF 155.03 FEET,TO THE NORTHERLY LINE OF
LOT 1, OF MIRALESTE ESTATES, AS RECORDED IN BOOK 24, PAGE 26,OF MAPS, RECORDS OF
RIVERSIDE COUNTY.
THENCE N 890 55'00"E,A DISTANCE OF 14.00 FEET
THENCE S 000 00'00"W,A DISTANCE OF 155.03 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 20.00 FEET,AND A RADIAL BEARING OF
N 900 00'00"W,THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE,AN ARC LENGTH OF
31.39 FEET,WHICH SUBTENDS A CENTRAL ANGLE OF 890 55'00"
THENCE S 890 55'00"W,A DISTANCE OF 14.00 FEET TO THE TRUE POINT OFBEGINNING
THE AREA OF THE STREET VACATION IS 2450 SQUARE FEET(0.06 ACRES)
L JANUARY 07,2006
R LS 7424 DATE S� '�APL LA/yQ SG
h LA5C0
Exp. 12-31-2007
S� No.7424 ♦�
9� OF CAL -
FILE NO..
R. '05 _ 036
SHEET No.-
1 OF 2
4'21. y
EXHIBIT "B"
N 89°55'00"E 100.00' N 89055'00"E 100.00'
N 89055'00" E 86,00'
EXISTING RIGHT OF WAY I
AS PER INSTRUMENT 30.00'
No, 103120 RECORED PROPOSED
OCT. 13,1970, OFFICIAL . .. I RIGHT OF WAY
RECORDS RIVERSIDE
1 COUNTYL6 6
LOT2 LOT1 ' W
- I—
w t' i. w v7
r OF OF ;;:;w:•; W
w MIRALESTE ESTATES w MIRALESTE ESTATES J
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c M.B.24/26 c M.B. 24126 Ir a
o ::IL•:i °Q O
a c EXISTING AREA o +:c;0:•: o �1 0
14964.5 SO. FT. z :c•;d.';:; z
0 0 0.34 ACRES
z z 2 4 z
L=31.39'
R=20.00' I
D=89'55'OV' I d
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T.P.O.B. z0 0O 0
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N 89°55'0-0-�"`E�-100.00' N 89055'00" E 66.03' I Q Lo
N o
25.00' 14.00' I
MIRALESTE COURT
N 89055'00"E
�OC1p� LA/y� S,
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* LASC0 * SCALE 1"=40'
Exp.12-31-2007 0' 40' 80, 120'
No.7424 w`r "•1
05125.dwg
Al
PAL,y APPROVED :
CITY OF PALM SPRINGS
PUBLIC WORKS AND ENGINEERINGDEPARTMENT 'SSTDIRECTOR OF BLIC W ORKS/ P.L.S.7987
ASST. CITY ENGINEER
VACATION OF RIGHT OF WAY DESIGN BY: SCALE: FILE NO.:
LEGAL DESCRIPTION: 1" =40' Fi 05 - 036
SEE EXHIBIT"A" CHECKED BY: W.O.# SHEET NO.:
20F2
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PPOFIiEp
City Council Staff Report
CITY COUNCIL APRIL 5, 2006
PUBLIC HEARING
Subject: RIGHT-OF-WAY VACATION OF A PORTION OF LUGO ROAD
ADJACENT TO THE PROPERTY LOCATED AT 375 W. ARENAS ROAD,
IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-053
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 LUGO ROAD ADJACENT TO THE PROPERTY
LOCATED AT 375 W. ARENAS ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH,
RANGE 4 EAST; FILE R-05-053;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 13, 2006, staff received a request from Ms. Marina Rossi to vacate excess
public right-of-way for Lugo Road adjacent to the property located at 375 W. Arenas
Road. The property, identified as Lot 22 in Block 7 of the map of "Resurvey of Townsite
of Palm Springs" prepared in June 1924, is located at the southeast corner of Arenas
Road and Lugo Road, with Lugo Road having a total of 66 feet of right-of-way. Lugo
Road is identified as a local street, requiring a total of 50 feet of right-of-way. Lugo
Road was also constructed with an off-set centerline to the west, creating an additional
LUGO ROAD RIGHT-OF-WAY VACATION
April 5,2006
Page 2
(excess) 16 feet of right-of-way along the east side of Lugo Road; it is this portion of
public right-of-way for Lugo Road that is the subject of the Public Hearing. Previously,
the City Council approved Tentative Tract Map 31887, known as "St. Baristo", which
also included the abandonment of the easterly 16 feet of Lugo Road. The St. Baristo
project is located immediately south of the applicant's property.
On February 8, 2006, the City of Palm Springs Planning Commission approved Case
No. R-05-053, and determined that the proposed right-of-way vacation was consistent
with the Circulation Element of the Palm Springs General Plan.
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 5, 2006, 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. City
staff coordinated with the public utility companies and determined that Southern
California Edison, the Southern California Gas Company, and the City have existing
facilities within the vacated area, requiring reservation of a public utility easement.
Staff recommends that the City Council adopt the attached Resolution, which will vacate
the "excess" right-of-way for a portion of the right-of-way dedicated for Lugo Road
adjacent to the property located at 375 W. Arenas Road.
FISCAL IMPACT: Finance Director Review:
None.
n
David J. Barakian Thomas J.#ilson
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City ager
ATTACHMENTS:
1. Vicinity Map
2. Resolution
3. Exhibits "A" and "B"
Page I of 1
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prcperlydthe contributors supplied under license and
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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 PUBLIC RIGHT-OF-WAY DEDICATED
FOR LUGO ROAD ADJACENT TO THE PROPERTY
LOCATED AT 375 W. ARENAS ROAD, IN SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-053
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 5, 2006, for City Council consideration of vacating and closing to
public use a portion of the public right-of-way dedicated for Lugo Road adjacent to the
property located at 375 W. Arenas 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 Lugo Road adjacent to the property located at 375 W. Arenas 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 Lugo Road adjacent to the property located at 375 W. Arenas Road is
unnecessary for present or prospective public use.
Section 2. Subject to Section 3, 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 Lugo
Road adjacent to the property located at 375 W. Arenas Road, as the vacated area is
described and shown on Exhibits "A" and "B", attached hereto and made a part hereof.
Resolution No.
Page 2
Section 3. The City of Palm Springs reserves and excepts from the foregoing
vacation a public utility easement to operate and maintain pipelines, cables, wires or
any other facility of any governmental agency or utility corporation existing in, under, or
over the vacated area, unless quitclaimed or released by the owner thereof.
Section 4. 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 51h day of April, 2006.
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 5, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "e4"
RIGHT OF WAY VACATION
R05-053
LEGAL DESCRIPTION
A PORTION OF LUGO ROAD IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS VINE AVENUE ON MAP ON FILE
IN BOOK 9 OF MAPS, PAGE 432, OFFICIAL RECORDS OF SAN DIEGO COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT "E", AS SHOWN ON MAP
ON FILE IN BOOK 364 OF MAPS AT PAGES 66 THROUGH 69, INCLUSIVE,
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE N 00002'01" E ALONG THE WEST LINE OF LOTS "A" AND "E" AND LOTS
6, -7 AND 8, A DISTANCE OF 450.25 FEET TO THE NORTHWEST CORNER OF LOT
8 AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING N 00002'01" E A DISTANCE OF 122.10 FEET TO THE
BEGINNING OF A CURVE WHOSE RADIAL BEARING IS S 89°57'59" E;
THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE
SOUTHEAST THROUGH A CENTRAL ANGLE OF 78027'47" A RADIUS OF 20.00
FEET AN ARC LENGTH OF 27.39 FEET;
THENCE S 00002'01" W ALONG THE WEST LINE OF SAID LOT 22, A DISTANCE
OF 141.68 FEET TO THE SOUTH LINE OF SAID LOT 22 AND THE NORTH LINE
OF SAID LOT 8;
THENCE S 89059'26" W ALONG THE SOUTH LINE OF SAID LOT 22, A DISTANCE
OF 16.00 FEET TO `fHE: TRUE POINT OF BEGINNING.
CONTAINING 2188 SQ. FT. MORE OR LESS
G3 ` p � C�e
tmn. :ar,,^,5 :3
EXHIBIT "B "
Right of Way Vacation
ARENAS ROAD N90.00'00"E
5 (PARK STREET)
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SOUTHWEST CORNER Land Surveying Palm Desert; Cakfomm 92255
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Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Marco Moracha says:
1- I am a citizen of the United States, a
resident of the City of Palm Springs,
County of Riverside, State of California,
and over the age of 18 years.
2. 1 am the Production & Research
Assistant of The Public Record, a
newspaper of general circulation
printed and published in the City of NOTICE OF PUBLIC HEARING
Palm Springs, County of Riverside, CITY COUNCIL
COY OF PALM SPRINGS
State of California. Said The Public File No.RA5-053
A penfon of public rlgnt-af•way dedicated for Lugo Road
Record is a newspaper of general adjacent to Ute property located stn75 W.AlVii Road
circulation as that term is defined in NOTICE IS HEREBY GIVENThal the Clty Council of the City Of
Government Code section 600D Its Rim Sprmgs Celllormayl acids Public Hearin to consider
r the proposed rignt•1mc va-.16a Pt Its meeting of April consider
stratus as such havingbeen established 2006.'rho City Council meeting begins at 8:00 PM.in the City
Council Chamber of City Hall, located at 3200 E.Tanqulp
by judicial decree of the Superior Court Canyon Way Palm Springs,Callforma.
The purpose of Ina Pubire Hearing Is W consider vacating
of the State of California in and for the a portion of public nght-of-way dedicated ler Lupo Road adla-
cem in the property iodated at 375 W-Arana:Road,more par-
County of Riverside In Proceeding No. titularly described and shewa on E:hibimW and•E",attacnad
Indio 49271, dated March 31, 1987, hereto and made a party File ell- Section pi Township n
Seam,Range A east arty mo,Ell in Sc ti application made
entered In Judgment Book No. 129 through The City of Palm Springs
g COMMENT DMLHIS APPLICATION: Response To This notice
page 356, on March 31, 1987, may be made verbally at the Public Hearing andler In writing
before The hearing Writer,comments may be mad,to The Ciry
3- The Public Record is a newspaper of Council of tho CIry of Palm Springs by letter(tor mad or hand
general circulation ascertained and dellvcry)to James Thompson City Clerk
established in the Cityof Palm Springs 32P0lnnS rings-quitz Canyon Way
Palm Springs CA 92232
in the County of Riverside State of It any individual or group challenges the prppesed easement
California, Case No. RIC 358286, Filed ,when action In court issues raised may be limited to only
June 8, 2001. Those issues raised at the Public Hearing described In the
notice or In written corrc.:pondence submitted at,or phorW the
4. The notice, of which the annexed is a Ciry Council Hearing
true printed copy was published in the An opportunity will be gwenat°old nearing fee all interested
newspaper on the following publication Persons To be heard. Fuller, Assistant regarding this case rosy he
persons to Mheeus Puled regadi Dkcc[Er of Public
dates t0 with. WofkslAssrstant city Englneea Department or Public Works
antl engineering,(750)323-3253 am 87"
Si necesile ayuda on apt-Cana.Podavor hams a la Cludod de
e�
Palm Sprmgs y pucde hablar con Felipe Pnmera icicleno(720)
March 21, 2006 323-81,53,a# OT,2
James Tnompeon
March 28, 2005 00 Clerk
N
EXHIBIT
I certify under penalty of perjury that the RIGnT OFWIYVACATION
above is true and correct. Rd'o 9
Dated at Palm Springs. California, this
28th day of March, 2006.
� d1/vv q o
Marco Moracha `r
Q
Production
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Marco Moracha says:
1. 1 am a citizen of the United States, a
resident of the City of Palm Springs,
County of Riverside, State of California,
and over the age of 18 years.
2. 1 am the Production & Research
Assistant of The Public Record, a
newspaper of general circulation
n�n_N
printed and published in the City of APORTIOk OFwoOFR GWF1OR1N'1.'aH01NIile NL`A1.116EONmmMV`OFx FlLEIrvKME V.7c O
Palm Springs, County of Riverside, FOOl9° NREGFugG °r �c�RaaOOPmeG couN
State of California. Said The Public h „IWercAFF� ;NDNN,
OFFICW.REGORDBENPrvERGIDEO.0 ewWFORNI
Record is a newspaper of general TNENC4`00=01'e µGNO HEW 41 E0FLO a-wp YA G O
FEET LO r AND C AVl.TMCE OR ap' 'G TOTNC NO RRI EV' =n ROF LOT
circulation as that term is defined in qw ECRMMIWCFEEMAn K.
Government Code section 6000, Its a mxwco ac mEcaro°w xeu a°nr°TME
status as such having been established , ENCFNDMW� , YALDNQ�OGU ,ED°NU THE
`J' uO1RHEu^i TNROUGHA C(NRynyµOLEOC',p'Z/f>•APADIIISOcy1.W
by judicial decree of the Superior Court T<CtEW' NG°"�
iHExCkJ W'DS,T'wuLxGTME We-tt LINE OFS4owrA gOIuTANCE
of the State of California in and for the OG`141�PG T07HEW0 UMECF8V0L MMDTNEe kINE
NID LDYo
County of Riverside in Proceeding No. iTHUL'.nWO WµgYG TMEC0u1YI lINEOFBnIDAOr7y^DISTM'CE
10.0°FECTTO T1E'IIYJC 601M O F°EGIxryIN6
Indio 49271, dated March 31, 1987, COWAININGVUOZ> FT.MORE OR
entered in Judgment Book No. 129, ;
page 355, on March 31, 1987.
3. The Public Record is a newspaper of
general circulation ascertained and
established in the City of Palm Springs Ex reR "e`
in the County of Riverside, State of
California, Case No. RIC 358286, Filed ARENSR�e
June 8, 2001. a
we"ni•`v�_�_L
b.
I a f aQ1�YIDL 3'
4. The notice, of which the annexed is a ---
true printed copy was published in thei „
newspaper on the following publication
dates to with: _� •4�M
March 28, 2006 J
I certify under penalty of perjury that the
above is true and correct-
Dated at Palm Springs, California, this -
® —
28th day of March, 2006. -
1 1 l'l
Marco Moracha _',', ,+,._ ` -'I
Production Ga� ��rl GDZ
1 Ir
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
File No. R-05-053
A portion of public right-of-way dedicated for Lugo Road adjacent to the property
located at 375 W. Arenas Road
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing to consider the proposed right-of-way vacation at
its meeting of April 5, 2006. 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.
The purpose of the Public Hearing is to consider vacating a portion of public right-of-
way dedicated for Lugo Road adjacent to the property located at 375 W. Arenas Road,
more particularly described and shown on Exhibits "A" and "B", attached hereto and
made a part hereof, all in Section 15, Township 4 South, Range 4 East; City File R-05-
053; an application made through the City of Palm Springs.
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 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 Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253, ext. 8742.
ames Thompson
City Clerk
EXHIBIT "A"
RIGHT OF WAY VACATION
R05-053
LEGAL DESCRIPTION
A PORTION OF LUGO ROAD IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS VINE AVENUE ON MAP ON FILE
IN BOOK 9 OF MAPS, PAGE 432, OFFICIAL RECORDS OF SAN DIEGO COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT "E", AS SHOWN ON MAP
ON FILE IN BOOK 364 OF MAPS AT PAGES 66 THROUGH 69, INCLUSIVE,
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE N 00002'01" E ALONG THE WEST LINE OF LOTS "A" AND "E" AND LOTS
6, 7 AND 8, A DISTANCE OF 450.25 FEET TO THE NORTHWEST CORNER OF LOT
8 AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING N 00002'01" E A DISTANCE OF 122.10 FEET TO THE
BEGINNING OF A CURVE WHOSE RADIAL BEARING IS S 89057'59" E;
THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE
SOUTHEAST THROUGH A CENTRAL ANGLE OF 78°27'47" A RADIUS OF 20.00
FEET AN ARC LENGTH OF 27.39 FEET;
THENCE S 00002'0.1" W ALONG THE WEST LINE OF SAID LOT 22, A DISTANCE
OF 141.68 FEET TO THE SOUTH LINE OF SAID LOT 22 AND THE NORTH LINE
OF SAID LOT 8;
THENCE S 89°59'26" W ALONG THE SOUTH LINE OF SAID LOT 22, A DISTANCE
OF 16.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2188 SQ. FT. MORE OR LESS
�p.Pld SG
-� NO. 4075 �
EXHIBIT "B "
Right of Way Vacation
ARENAS ROAD N90.00'00"E_
(PARK STREET)
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NO. DELTA RADIUS LENGTH
II CI 189'57'5901 20.00' 31.40'
C2 78.27.47 20.00' 1 27.39'
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SOUTHWEST CORNER Land Surveying Po1m OeaerL California92755
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OF LOT E, TRACT 31887
www.feiro.net (760) 346-2548 (Fax) .OWG FILE.
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Oroe�0 1 City Council Staff Report
CITY COUNCIL APRIL 5, 2006
PUBLIC HEARING
Subject: RIGHT-OF-WAY VACATION OF A PORTION OF MESQUITE AVENUE
ADJACENT TO THE PROPERTY LOCATED AT 842 E. MESQUITE
AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-06-002
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 MESQUITE AVENUE ADJACENT TO THE PROPERTY
LOCATED AT 842 E. MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-06-002;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 10, 2006, staff received a request from Ms. Elizabeth J. Wagner and Ms.
Erica E Wagner Cruz to vacate excess public right-of-way for Mesquite Avenue
adjacent to their property located at 842 E. Mesquite Avenue. The request for the right-
of-way vacation is a result of the fact that this property is the only property ,that
previously dedicated "additional' right-of-way for Mesquite Avenue on their block, which
is no longer necessary for public use.
MESQUITE AVENUE RIGHT-OF-WAY VACATION
April 5,2006
Page 2
The property, identified as Lot 28 in Block "H" of the map of "Tahquitz River Estates"
recorded November 20, 1947, dedicated an original 30 feet of right-of-way for Mesquite
Avenue. Subsequently, the designation for Mesquite Avenue was changed to a
secondary thoroughfare, requiring an additional right-of-way dedication of 14 feet. This
additional right-of-way was granted to the City by separate deed in 1978 as a condition
of obtaining a building permit for the existing residence. Subsequently, as part of a
previous General Plan Amendment, the designation for Mesquite Avenue was changed
once again to a collector road, requiring only the original 30 feet of right-of-way adjacent
to the subject property. The additional (excess) 14 feet of right-of-way granted to the
City in 1978 is the portion of public right-of-way for Mesquite Avenue that is the subject
of the Public Hearing.
On February 8, 2006, the City of Palm Springs Planning Commission approved Case
No. R-06-002, and determined that the proposed right-of-way vacation was consistent
with the Circulation Element of the Palm Springs General Plan.
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 5, 2006, 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. City
staff coordinated with the public utility companies and verified that no public utilities
have existing facilities within the vacated area, requiring reservation of a public utility
easement. Staff recommends that the City Council adopt the attached Resolution, which
will vacate the "excess" right-of-way for a portion of the right-of-way dedicated for
Mesquite Avenue adjacent to the property located at 842 E. Mesquit Avenue.
& r
FISCAL IMPACT: JFinance Director Review: ✓
None.
David J. Barakian Thomas J44itManager
Director of Public Works/City Engineer Assistant
David H. Ready, Cit y, meager
ATTACHMENTS:
1. Vicinity Map
2. Resolution
3. Exhibits "A" and "B"
(1-X
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):/hnaps.digitalmapeentral.com/productioll/CityGIS5/CityGIS5 5.17.2/index.httnl 2/1/2006
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 MESQUITE AVENUE ADJACENT TO THE
PROPERTY LOCATED AT 842 E. MESQUITE AVENUE, IN
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-06-002
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 5, 2006, for City Council consideration of vacating and closing to
public use a portion of the public right-of-way dedicated for Mesquite Avenue adjacent
to the property located at 842 E. Mesquite Avenue; 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 Mesquite Avenue adjacent to the property located at 842 E. Mesquite
Avenue, 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 Mesquite Avenue adjacent to the property located at 842 E. Mesquite
Avenue is unnecessary for present or prospective public use.
Section 2. 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 Mesquite Avenue adjacent
to the property located at 842 E. Mesquite Avenue, as the vacated area is described
and shown on Exhibits "A" and "B", attached hereto and made a part hereof.
Resolution No.
Page 2
Section 3. 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 5" day of April, 2006.
David H. Ready, City Manager
ATTEST:
Jarnes 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 5, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "A"
DESCRIPTION OF VACATION PROPERTY
THE SOUTHERLY 14 FEET OF LOT 28, BLOCK "H", OF TAHQUITZ RIVER ESTATES,
ACCORDING TO MAP THEREOF RECORDED IN BOOK 22, PAGES 69-71, INCLUSIVE,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
SAID PROPERTY CONTAINS 1470 S.F. (.034 AC.)
LAND SG
L.
*
31
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EXHIBIT '[BPI
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29 28 27
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0 EAST MESQUITE AVENUE
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LOT 28, BLK H, TAHQUITZ RIVER ESTATES, MB 02?/069
PALM APPROVED:
f
sy CITY OF PALM SPRINGS �
oa E
UDLIC WORKS Lc ENGINEERING
7987
*°q<IFom+�w* DEPARTMENT ASST. DIRECTOR OF PUBLIC: WUHKS/ P.L.S.
A«T CITY FNrINrFR
RIGHT—OF—WAY VACA I ION DESIGN BY' SCALE: FILE NO.:
LEGAL DESCRIPTION: F.U.P. NTS R 06-002
SEE EXHIBIT "A„ CHECKED BY: W.O. # SHEET NO.:
M.L.F. 1 OF 1
0 0
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
NOTICE OF PUBLIC HEARING
County of Riverside CITY COUNCIL
CITY OF PALM SPRINGS
Ff1e No.R-06-00T
Marco Moracha says: A portion of public rlgen-ol-way dedicated for Mesquite
Avenue adjacent to the property located at 842 1-
Mesquite Avenue
1. 1 am a citizen of the United States, a NOTICE Is HEREBY GIVEN that the Dry Council of the
resident of the City of Palm Springs, city of palm springs.Calnarnla,will hold a Public Hearing
to consider the proposed right-ot-way vacation at its moot•
County of Riverside, State of California, Ing 01 April 5 200G. The Clry Council meeting begins at
3:01)pillin the City Council Chamber or City Hall,located
y
and over the age of 1 8 years. at 3200 E.TahgUl=Canyon Way Palm springs,calJcmla.
al-
2. 1 am the Production & Research Thepionofpflic public Hcadedictedforfing Is,, Mesqer uite
mg aportion el public right -way dedicated for Mosquito
Assistant of The Public Record, a Avenue adiacentto the property located at 842 E.Mesquite
Avenue more particularly described and shown en Exhibar
newspaper of general Circulation "A•Ind"B" attached hcrctc and made a part herein,all in
City
23 Township 4 South Range 4 East;City File R�
printed and published in the City of o6-003; an application made through the City o1 Palm
Springs.
Palm Springs, County of Riverside, COMMENT ON THIS APPLICATION. Rc=ponce to this
State of California. Said The Public netTd,can tie made verbally 91 the Public Hearing and/or In
writing before the hearing.Wrlttcn comments may be made
Record is a newspaper of general to the CIry Ccencll of the City of Palm Sprigs by letter(far
circulation as that term is defined in mad er nand delivery)to'
J-imes Thompson City Clerk
Government Code section 6000, its 3200 E rahqultm Canyon Way
status as such having been established Palm Springs,CA 92262
by judicial decree of the Superior Court If any c al or group challenges the proposed ease-
ment vIcatonation action in court,issues rnlgetl may be Ilmhed
of the State of California in and for the :a only those Issues raised at the Public Hearing daacribed
,n the notice or In written correspondence submitted at,or
County of Riverside in Proceeding No. prior tq the Cdy Council Hearing
Indio 49271 , dated March 31, 1987, An opportunity will be given at surd hearing lee all Intcreet-
ed persons to be heard.Questions regarding this case may
entered in Judgment Book No. 129, be directed W Marcus Fuller Assistant Director of Public
OrWAssispage 355, on March 31, 198T Wand Engineering C(60)32$.025ity Engineer,3 extt 0744 f Public Works
3. The Public Record is a newspaper of Si necesita ayuda con esta carte pc„avor Ilcme a is
general circulation ascertained and Cmbad do Palm Springs y pucde hablar con Felipe Peimera
established in the City of Palm Springs mlelono 1760)323.8253,an $742.
James Thompson
in the County of Riverside, State of City Clerk
EWIEIT 0'
California, Case No. RIC 358286, Filed
June 8, 2001 .
4. The notice, of which the annexed is a
true printed copy was published in the
newspaper on the following publication
dates to with: 29 ie 8 27
aw
March 21, 2006 66 �I rT
March 28, 2006 9I-�'
LAST -h4LSCIJITC AVLNUE
I certify under penalty of perjury that the
above is true and correct. — -- �
r' .71
Xe.nu4]Pr�Hrr t/y' Y
Dated at Palm Springs, California, this
28th day of March, 2006.
��Vdx '�'
✓ - C-" �• y °Pcowe:o.xlsmaoccouxly cu,ro�mi..
Marco Moracha
Production C5 =171 `P S- 7�'1 ICCZ 1'
��r� y-yAUL
March 21 28 200E
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
File No. R-06-002
A portion of public right-of-way dedicated for Mesquite Avenue adjacent to the
property located at 842 E. Mesquite Avenue
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing to consider the proposed right-of-way vacation at
its meeting of April 5, 2006. 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.
The purpose of the Public Hearing is to consider vacating a portion of public right-of-
way dedicated for Mesquite Avenue adjacent to the property located at 842 E. Mesquite
Avenue, more particularly described and shown on Exhibits "A" and 'B", attached hereto
and made a part hereof, all in Section 23, Township 4 South, Range 4 East; City File R-
06-002; an application made through the City of Palm Springs.
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 flame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253, ext. 8742.
ames TG4o
City Clerk
EXHIBIT "A"
DESCRIPTION OF VACATION PROPERTY
THE SOUTHERLY 14 FEET OF LOT 28, BLOCK "H", OF TAHQUITZ RIVER ESTATES,
ACCORDING TO MAP THEREOF RECORDED IN BOOK 22, PAGES 69-71, INCLUSIVE,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
SAID PROPERTY CONTAINS 1470 S.F. (.034 AC.)
�p4LANps
L
O
� No.
* 31
q OF CAL�4��
EXHIBIT "B"
B L O C K 7y
105'
29 28 27
o APN 508-202-013 o
105'
0 0 (D N d 0
r� ry I"') W
0 -0EAST MESQUITE AVENUE
n �
LOT 28, 6'LK H, TAHQU/TZ RIVER ESTATES, MB 022/069
pµM sq APPROVED:
CITY OF PALM SPRINGS DA E
PUBLIC WORKS & ENGINEERING
DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P98S.
ASST. CITY ENGINEER
RIGHT-OF-WAY VACATION DESIGN BY: SCALE: FILE NO.:
LEGAL DESCRIPTION: F.U.P. NTS R 06-002
SEE EXHIBIT "A>, CHECKED BY: W.O. R SHEET NO.:
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