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10/19/2005 - STAFF REPORTS (28)
O�?ALAI gA� r2A. V * O o,a.a' P -q TtN� City Council Staff Report CITY COUNCIL OCTOBER 19, 2005 LEGISLATIVE ITEM Subject: ACCEPTANCE OF BOGERT TRAIL RIGHT-OF-WAY WITHIN ANDREAS HILLS PHASES 4 AND 5, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Home Owners Association for Andreas Hills Phases 4 and 5 have been requesting that the City take over ownership and maintenance of Bogert Trail within their condominium development since 1992. No other streets within that area are privately maintained, except for the portion of Bogert Trail between Redford Drive and the south end of Andreas Hills Drive. This segment of Bogert Trail was shown as a private street on Tract No. 8132 (see Attachment 1), originally approved as a Tentative Tract Map by Riverside County prior to annexation of this area into the City in 1976. Throughout the years, staff has coordinated with the HOA's of Phases 4 and 5 of Andreas Hills to determine the appropriate course of action for the City to accept the private street for ownership and maintenance. On February 20, 2004, a City Council Study Session was held to discuss the matter, with direction given to staff to proceed with acceptance of the private segment of Bogert Trail as a public street. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING DEDICATIONS OF RIGHT-OF-WAY FOR BOGERT TRAIL FROM PROPERTY OWNERS WITHIN ANDREAS HILLS PHASES 4 AND 5, TRACT NO. 8132, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST, AND THE DECLARATION OF BOGERT TRAIL BETWEEN REDFORD DRIVE AND ANDREAS HILLS DRIVE AS A PUBLIC STREET;" and 2) Give direction to the Director of Planning Services to proceed with a variance as necessary to effectuate the dedication of Bogert Trail to the City as a public Item No. 2 . R . 1 City Council Staff Report October 19, 2005 - Page 2 Elogert Trail Dedication street, and the resulting creation of legal, non-conforming structures within the R- 1-C Zone with regard to front yard setbacks; and 3) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The request to have the City assume ownership and maintenance of Bogert Trail through Phases 4 and 5 of the Andreas Hills condominium development (see Attachment 2) started with an initial meeting held with City staff and the Home Owners Association (HOA) for Andreas Hills in December 1992. The request was initiated due to the fact that Bogert Trail was the only private street within the entire Andreas Hills neighborhood, as shown on Tract No. 8132 as a 37 feet wide private street. All other streets within that neighborhood were and have been dedicated to the City and have been maintained as public streets. Since the initial meeting in 1992, staff has been consistent with regard to the requirements necessary for the City to assume ownership and maintenance of Bogert Trail as a public street. Staff's concerns were limited to a few specific points: 1. Materials investigation of the construction of the street, and its compliance with minimum construction standards for a local public street. 2. Dedication of a full, 50 feet wide local street. 3. Creation of non-conforming structures with regard to front yard setbacks to the dedicated public street. 4. The horizontal and vertical alignment of the street and its conformance with minimum standards for local public streets. In September 2003, a field meeting was held with City staff and representatives from the HOA's. During this field meeting, the issues were discussed and direction was given to the HOA's to proceed with obtaining materials samples of the existing street section. Subsequently, a geotechnical engineering report was provided to the City Engineer, documenting the fact that the existing pavement section substantially meets the minimum construction standards for a local public street. On February 20, 2004, staff presented the request to City Council at a Study Session, and received direction to proceed with the acceptance of Bogert Trail as a public street, contingent upon the HOA's of Phases 4 and 5 providing a slurry seal of the existing street. Subsequently, the Phase 5 HOA proceeded to slurry seal their portion of Bogert Trail, and Phase 4 HOA submitted payment to the City in the amount of $3,488.32 representing an estimated cost to provide a slurry seal of their portion of Bogert Trail. In reviewing the request, staff determined that dedication of additional right-of-way would not be prudent, given that the additional right-of-way would have to occur on the side opposite the existing condominium units. In this area exists a privately maintained drainage channel, and therefore, dedication of a public right-of-way over the channel would imply a requirement of the City to maintain it. Therefore, consistent with General City Council Staff Report October 19, 2005- Page 3 Bogert Trail Dedication Plan Policy 7.1.1 (b) "Hillside Area & Private Streets (Local)", the width of the right-of- way may be decreased to a minimum of 36 feet. The existing private street easement for Bogert Trail, as shown on Tract No. 8132, is 37 feet wide. It was staff's recommendation to the City Council that the existing 37 feet wide easement for Bogert Trail be dedicated to the City, and not a full, 50 feet wide right-of-way as is the standard for a local public street. A, further consideration related to the request was the creation of non-conforming structures within the Andreas Hills condominium development due to the dedication of Bogert Trail. Several existing condominium units have accessory structures, garages, or the unit itself located less than 25 feet from the private street easement for Bogert Trail, which is the minimum required front yard setback for the R-1-C Zone (see Attachment 3 for the associated Assessor's Map and Condominium Plans). In granting Bogert Trail to the City as a public street, it will create a new property line where none previously existed, and compliance with the front yard setback will not be possible in certain locations. It will be necessary for City Council to recognize in its acceptance of the grant of right-of-way for Bogert Trail that a non-conforming setback will be created for some of the condominium units. The degree of non-conformance appears to vary, from a minimum setback of 19.33 feet. It is recommended that direction be given to the Director of Planning Services to process a City-initiated variance to allow the reduced setbacks, specifically in the event the existing condominium units or their accessory structures with less than the minimum required front yard setback are darnaged beyond repair and require replacement. A final consideration related to this request was the sharp curves and vertical alignment of the existing street. Designed as a private street, the alignment does not meet minimum standards for a local public street. In reviewing the layout and physical conditions around the street, it was determined that the one item to require was the installation of a 3-way stop controlled intersection at the "T" intersection of Bogert Trail and Andreas Hills Drive. This intersection occurs at the intersection of two very steep grades, and sight distance is severely limited. It is recommended that City Council authorize the installation of a 3-way stop controlled intersection at this location to accommodate the restricted sight distance. The City Attorney's office reviewed the Covenants, Conditions and Restrictions (C:C&R's) for Andreas Hills Phases 4 and 5, and determined that the Boards of each HOA did not have the authority to grant the right-of-way to the City on behalf of each of the property owners within each Phase. Therefore, it was necessary for staff to prepare individual Grant Deeds for each property owner within each Phase. It is recommended that City Council authorize the acceptance of the Grant Deeds by the City Clerk and that the segment of Bogert Trail between Redford Drive and Andreas Hills Drive within Tract No. 8132 be declared a public street. i City Council Staff Report October 19, 2005 - Page 4 Bogert Trail Dedication FISCAL IMPACT: (Finance Director Review:,,.,';.'-' Accepting the subject segment of Bogert Trail into the City's street system adds additional street pavement for the City to maintain. It is estimated that a complete slurry seal of the entire segment would cost approximately $10,000 which would be budgeted every 5 years, equivalent to $2,000 per year. Other costs, such as additional assumed liability costs incurred by accepting the private street as a public street may occur, and can not be estimated. David J. Barakian Thomas J.Wilson Director of Public Works/City Engineer Assistant City Manager "=--` David H. Ready, City Ma �g ATTACHMENTS: 1. Tract No. 8132 2. Andreas Hills Condominium Development Aerial Photos 3. Assessor's Maps and Condominium Plans 4. Resolution ATTACHMENT TRACT MAP 8132 /N THE C/TY OF PLLM JPR/NGB SHEET /oP 2 SHEETS TRACTNO. 8132 BE/N6 A SUBO/{9J/ON A<A PORTION OFTNE NORTHWEST gUfPlER E�BMUR.If„f A,4Y, J.11=RY,1977 KW1 dss0 zJTEJ eY 3<w�r✓ � OWNERS CERT/FICATE C/Y/L ENGINEERS CERTIFICATE p.. y ce nfyy/ufra..oa.QJ/<r�cr✓;rE.y.,,�<ffn✓sA,s.v^ No. 9'1R7/ r turd cawrr on.J nq+,Ca.rney ca, n/ro"Y.f./++ =iv,we Cw.f v.�df/bff.W nqa cwu<sn/q[yr/n.rn..bt r�mJuh orohl onv d poa Jhaw<..:hs,.,fsL cawdaJMer woe.. o�e�e..c¢-,.y.yar.>sw do.y�u✓.y./sr) w,.m,�d. n[<o er �rrr eLLew pwMrr r%h/.F ri93/N%W+*u v'^" elJrrrvu wMwvry<+c4 � '"�^"YaN� ff arv'��h wewrec//y>�nn orM S.e✓w Grtt TS Ca. r<MCAr:JFu.P>y:^/>°9<rfT hem en d p.w6 vYe WTud !)9u^"Irero- en q//h.J a✓O.T.Y.yrwi//M ,kn�Nnn�f ad��oeeni/MT.,.bz,.J.F,r..a�.rp a,.<J Ler/ '�"'�'��x^•s'/b�r�'rxJw-..y.�r«<a,d C/TY EN6/NEER:s CERT/F/GATE i P Iw<�vr <r l rcw.w.rorxrw✓rw rrnrJ.w m.um..c eT F..wLE .<i� �wwir r✓sue�a w .rvrc�rnM-uio w� o Yi W O w w?L Kfu�/La( </d/rrrllM<2IMcrL i)tn o•Te. 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OLrv/rY _ WfixYJ rqr hood aMoffcio/Sro/ ��� �, TAX COLLECTORS CERT/f/LATE � ""�'� try o cn.i� � oar+o<��✓o<v J.ve mvry u aure !h<reby cerpfx rMf eccardeq/o Me recarda N/hv ayrPe av�lhu da/e, ,��..' � �[1 My ea.e...uwr P eJ , afef<.ee..n/v.M e•=v.r ea �<o aexvcd ..a./..cf d .a x"+� �f ea�Vrl pvYob/e nAcho ar J/a+e�h���e�.�F •ham Oo/ed ✓/ _/977 < n eay«a ncx< Ce✓n/�X eo//eclor OMIJSION OF SIGNATURE ,/ TM Jign<f f�/K�M1'rA ..er A✓ckr do wu-eJv✓< ...mr ey X/Lu-177n �r"`�•"�o p•/y NB��.L xy Opr�ch/Rtcorw$�nvJ G��on,%hv<rll9rpro�v�oF Jrel'on s6dlL(�)O of/ne J✓bdriJiin MP Ad 9a�� SHEET 2 of $ JNEETS �Z /N THE CITY OF P/LM SPR/N63 TRACT NO. 8132 BEING/SUSOI✓IWON 0F0 Po<T/ON OF THE NO.PTN/YEJT qU<gTEq LVOLAWT/6V OFTNEOONHYf1T pU/QTER O�.fECT/qY/TSJ,<LE St1fM. JAMOARY /977 KWL 4-T50CM7--S SCJLEYi/A , FO,e CONOOM/NIUM PLMP03ES + i :, e`Q paEvn. � /NO.PF/S�,n•,..T-.,. N/LLS rs.a ..^�O.Q� ..�,.„ �NvoEp � .xJx _ 3 •�,�. ` m..b .� :.. �, ,r�r "%�- i TS I.J•�,S � i� Y hi ]�f 6�ft Y r./fS i 'Q 1 . 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Wzp / �� .]i! <•Z�Z \ _ Cie�i '•s- 'ixr .�pf•4.AYt / EL Nore. .s t'� n •• - <oLHW6f E�3EYENZ3.xvr ua..n x. e_ ter` NG/NEERIN NOTEJ HLJ/3 OF HELR/NGS T Z ti,Zs N o•S/•00'w SV Ao C^ _ 4 L 0}�• r� �60' J.c/w/TJS•PCE JJ L.'..`yi lor.n...< .,,r.,,aP 1 �• o• a s.f•J 3. fS 1r clA4JZZQ recwdMmAoaF T9,PageTJ lMev{ d��� ioo���• F .E �'�i'c y5i .,d./c,.cc..x.cow„/y i ♦ �� LEGENO QE! f Pin J/d Abawe// ey QCE,IJJI ,.N, LOCAT/ON AMP °- �� oO+,.k i:'ivx/fi.e and h.gged ACE/eue sr•Ee-/+�• \ e WUI.If CeeyJ.[/ �r lr✓s l.v'r. J 6T//n4rJ WI./�I Ab ATTACHMENT ANDREAS HILLS CONDOMINIUM DEVELOPMENT AERIAL PHOTOS Page 1 of 1 I c r. L a .. 'y Q.t 1 m� ^ti i Y�'} � 2i t`�ll�i'R�'f yw♦ M ! i� t � 1 #rnl.nt sp Scale: 1" = 400 ' v V u CityGISS Copyright 0 2004,AI I !;f g'Its Reserved The information contained herein I s the proprietary r CR</R6Rd�¢ property oh the ecrAd butcrs supple ed under I icense and may not be reproduced except as li cereed by Digital Map Products http://maps.digitalmapcentral.com/production/CityGIS5/CityGIS5_5.17.2/index.htmi 10/10/2005 Page 1 of 1 -« - "eC ir J� Ma S � ' $`n,,..x #•k`^4�` c d ' �'� ,µTx � M+' F '#�!�. d.`! 1'1ry o h..gerS' 1.�F1`nOhtC1 00� Eagle A��5 rial r', 4,1 —115 wD*p4yt spQ,a Scale: 1" - 200 ' ° Iv CityGIS5 u CopyrigFt 2004,All Rghts Reserved The information curtained herein isthe proprietary �'4LlPovNrF property ct the contd butors supplied under license and may not be reproduced except as licensed by Llgtal Map Products http://maps.digitalmapeentral.com/production/CityGIS5/CityGIS5_5.17.2/index.html 10/10/2005 Page 1 of 1 €r kill j '�ieyi t j j Y h t * �e"4! t� "�,� ! ; -i' " t ZZ " -� Z t+ �.".r-- .M .-m '" A y lwtt�.• SAy Y # ��"4 _ A��0.L1N Sav Scale: 1" - 200 ' w N CityGIS5 Copyr%+wM` The informationc co 2004, l contained its the proprietary �t1F4R'P'�'4 property of the contn butors supplied under license and may not be reproduced except as licensed by Cigtal Map Products http://maps.digitalmapcentral.coin/production/CityGIS5/CityGIS5_5.17.2/index.htmi 10/10/2005 ATTACHMENT ASSESSOR'S MAPS AND CONDOMINIUM PLANS 646-07 686-46 TR.A. IIOo' SHEET/OF2 POR. NWI/4 & FRACTIONAL SWI/4, SEC. I, T. 5S,R.4E. '1;NNW. Gor. A � N Ay Vi P m 'sp �il . e 00 0 b R LOT b H �6a De oa,s /.96=AC. LOT 2 ®EXm n p rX p. g i n� o c- 7 m C 1�� '� Ike •y� •Ir © 0.93}AL N sa `69 H�4'•>.�\ rfl ��� 'fig t.97AC m n r�y5 5 e 9 y sr ,r Oy 33 ya LOT 3 N Hje _ 07 H �1B 6 ®LMlo N LOT / Z� /./94C. 40 LOT 4R ry B.29AC 597AcN/ pV'1.50 AC. Z ,bZ ,i 19..z s � 3kr,trg Z \ N4 A� ro r' 2E6 �ogry LOT AA x wm /o/re l 'I-JT re/ e 3553 \ AREA OF BOGERT om-P/ sots n - Lore y IO-Pl 'JE-6 - o B.SSAC 110/81 om-foJ9-evl W"' co'. SEC./ �' N/ / TRAIL TO BE ACCEPTED sie< cc lac ss � � T6� . M.B. 12216-7 TR, No. 14199 M.B. 90150,51 Troct 8t32(CMt9/23-3/)(CMt9//B0-/9t) ^r` A SSESSOR3'MAP BK 666PG 46 ✓UNE/977 R/VERS/DE COUv7Y, CALIF y 4 4'� b ti f/S J iG� Q �1 v 2 �p h t •I I I 4 ry� l Ia n� 12 bffb-46U C, r� i,✓ ra!�irr a� vicar si.Pi.✓s3 s c s.r v rr sw-��rs /�.�-F CONOOM/N/UM PLAN FOR LOT L T.P,I r Na 6132 fFP/L a. 90 pAGEs so fsi .OEIofRSOF.P/✓f,P.SA�eO ylrYSFe7xwl TS1,/.If soL,,w ✓vwv G'177 iYWG ,QSfO!//rfs I IN IK- Low 2 7-P-ic7 iJ'o. d/,g2 1y R 0� /saw 52 n4 •�v /76t `� //c .` df r�Bs B O GE.PT biYb=Ef /N THE clry OF P/LM J/Q/NGS SNffT 6 Of 9 J.oCErs•'�� zg CONDOMINIUM PLAN fOR Y%GEJ SO t 5/ QECGPQJ OFQ/YEIJ/pE LOUVTY/NJECT/4V�TSJ.,Qtf 1 e.G jA/ ,wir /srr KfYL Associ•.res su[E:/•.ar • I lu lu ay C OT / �/ �� a• 9 hh Xd L rNO.e/32 h 9� ^ ' ®fib 3 <. 2 •� ` '°i1.F 26 i. 236 2 w Q1' � o' w»•u s3 no �n- i�' `, Ohh '� rF ss+.m��'�°Fcaa oo�� x © ` zeeZia a: W W f� .4 oil ��I� A Ff(A+.so� vans m W C + � 28826 �sa=�. — d� y yn .ebY N]CeD'D3'rv. 11 RAIL A -�' 77" r!'i IL �''e•�z'erie' BOGERT Gas-460 C_11 / /N TNL C/Ty O/AI(y-VWIWS JNEET 5 of 9 JHELTJ [27 CONDOMMIZIM PLAN FOR ZOT/, TACT NO. al32rYq AcA.9b iMQC-S so z s/ ,tlCcvm OER/IEt"CLvw'TY,W. AWI,rAF,RAE,s4,OJM. .wr /e77 K/VL A%VOC44T" sC4ZL:1=20' c sneo 161-4 T' Q h� '• h �4b_ ryss I f. h /SO ap' •� II J h zca•= ro'e.e . b b u- ` •xell /TA il. ISA ���,,, III /7B � 6Km V .,ar=reo-e a�(i ;o�.%'•' � al rc ee a � �o � Zoed` e, Q/� � � •wso y Ob 3 n.. .•.zrn'ia't >3�' is h1a —..Wy—rii l' 6 c 7 ' 6 � .t[7 AL II LtsF• :dry �.c sp ,. ® _�f.Y.T e h Ic .v 1fvTie-e JCC JNffT NO 6 t JfC .fHffT N0.4 I � b QYD7J' i 1 b b h n>' AQk` ✓o m � N 1 O \ \ • � e \ 0 y \\ 4 % r.� �C AO NN J / i �i e' r• M ,Ar I ,� I� r•1 � Jrvl, rt� ( r a^- `a y �i°ICI Ihb �•4 I d 1 of i" G \ ^ o .lp— u Ia a ` h b - _ d.se'/l'll'�✓ � 1 �ly r„' ���� g ® >Gvrn N vv.� o s, k Q 6, y� Chi;' � ® .• ti O �1i i O •,��� r yr ,� .�, I6 � 1 _ O�4 ' n .0 s.[' �.[s� ,Si ✓s+fie v I .,� I. 09 - o•^y " W rc 7i V yl .e[o— e �V� Z � e.se•s 6'ro ee:r • .�y .S �i ,.r•.;Vie'.:»°'. Al "' GERj .r' ataa-vov /.v raE cirr n�v"+cW sF.Pi.YGs ENG/NEfR:S NOTfS CON0 IY�0 / IVO PLAN fOR .R•CO•IOS 4r.F/YErS/gEGcvl.Yly,wJKrp✓/„rtt NIE.tJa'f,�C •-/s�As.,,a wnrn�4 h+,d s_r rcc i y.,F�} d r ,1VMr/977 9EN N MAR.t" US Fvcr.f•Y.�Wve c�p��4N .� \� '.�ze•e 5> ' 6 V 6fbA'a'e•5 s�y�pros",� .S.c.z \ j3 � � Car ,✓�� O~ � µf nyr O.P/V � _W 6� i s LLrs/•Ob✓�- I jLeu' � r dt5i SEAS �oe'.✓� .d P sfi'z `ey '6 �� ������ � � d" ii S B ' / y�4 [OY t TRACT A&. 8 I COMMON AQEA \ a\ (SlG J•✓/er Mr/, NOTE ,yz/) � \. �� / 4 Vw i 9��[�TZ�Yw R>MOFS,K/T 2� '/ p U� Q.le /A/4 / ✓A�,4 .__ peg/v AW � IT'S_• `�" P.rr ter2 � rzsi s ATTACHMENT 4 RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING DEDICATIONS OF RIGHT-OF-WAY FOR BOGERT TRAIL FROM PROPERTY OWNERS WITHIN ANDREAS HILLS PHASES 4 AND 5, TRACT NO. 8132, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST, AND THE DECLARATION OF BOGERT TRAIL BETWEEN REDFORD DRIVE AND ANDREAS HILLS DRIVE AS A PUBLIC STREET WHEREAS, KWL Associates, representing Andreas Hills, Inc., submitted Tentative Tract Map 8132 to Riverside County, to develop the final two phases (Phases 4 and 5) of the Andreas Hills development, including a segment of Bogert Trail between Redford Drive and Andreas Hills Drive as a 37 feet wide private street; and WHEREAS, Tentative Tract Map 8132 was approved by the Riverside County Board of Supervisors on October 14, 1976; and WHEREAS, the Andreas Hills area was annexed into the City of Palm Springs by official action taken on October 6, 1976, by the City Council, and recorded on December 1, 1976; and WHEREAS, the City Council approved a final map for Tract No. 8132 on April 20, 1977, whereon Bogert Trail is shown as a 37 feet wide private street, recorded in Map Book 90, Pages 50 to 51, official records of Riverside County; and WHEREAS, all streets within the Andreas Hills area are publicly dedicated and maintained streets, except for the segment of Bogert Trail within Tract No. 8132 and Phases 4 and 5 of the Andreas Hills development; and WHEREAS, the segment of Bogert Trail within Tract No. 8132 identified as a private street is physically open to public use, and has been historically used by the public without interference or obstruction by property owners within Phases 4 and 5 of the Andreas Hills development; and WHEREAS, the Home Owners Associations of Phases 4 and 5 of the Andreas Hills development initiated consultation with City staff in December 1992 regarding dedication of the segment of Bogert Trail within Tract No. 8132 to the City of Palm Springs; and WHEREAS, over a period of 11 years, various City staff coordinated with the Home Owners Association of Phases 4 and 5 of the Andreas Hills development to discuss the factors affecting staff's recommendation to accept or reject the dedication of the segment of Bogert Trail within Tract No. 8132, including: materials investigation of the 1 Resolution No. Page 2 construction of the street, and its compliance with minimum construction standards for a local public street; dedication of a full, 50 feet wide local street; creation of non- conforming structures with regard to front yard setbacks to the dedicated public street; and the horizontal and vertical alignment of the street and its conformance with minimum standards for local public streets; and WHEREAS, on September 12, 2003, City staff met with representatives from the Home Owners Association of Phases 4 and 5 of the Andreas Hills development and discussed the factors affecting staff's recommendation to accept or reject the dedication of Bogert Trail; and WHEREAS, a geotechnical investigation of the materials and construction of Bogert Trail within Tract No. 8132 was performed on behalf of the City, and identified that the construction met minimum construction standards acceptable to the City Engineer; and WHEREAS, City staff reconsidered the need for a full, 50 feet wide local street right-of- way due to the existence of a privately maintained drainage channel immediately adjacent to Bogert Trail within Tract No. 8132, and considering the allowance for reduced local street rights-of-way as stated by General Plan Policy 7.1.1 (b) "Hillside Area & Private Streets (Local)", which indicates that the width of the right-of-way may be decreased to a minimum of 36 feet; and WHEREAS, the proposed dedication of Bogert Trail to the City of Palm Springs as a public street will create a new property line, and reduce front yard setbacks to some existing condominium units and their accessory structures below the minimum required setback for the underlying R-1-C Zone; and WHEREAS, on February 20, 2004, the City Council considered the proposed dedication of Bogert Trail, and gave City staff direction to proceed with the proposed dedication, pursuant to the deposit of funds with the City for an installation of a slurry seal over Bogert Trail within Tract No. 8132, or the slurry seal of Bogert Trail by the Home Owners Association of Phases 4 and 5; and WHEREAS, the Home Owners Association for Phase 4 of the Andreas Hills development deposited the sum of $3,488.32 with the City, acceptable to the City Engineer, representing the cost to install a slurry seal over its portion of Bogert Trail within Tract No. 8132; and WHEREAS, the Home Owners Association for Phase 5 of the Andreas Hills development installed a slurry seal over its portion of Bogert Trail within Tract No. 8132, acceptable to the City Engineer; and WHEREAS, as a result of the dedication of Bogert Trail to the City of Palm Springs, legal non-conforming structures will be created, and it is the intention of the City Council to allow replacement of existing structures in their current location, provided existing front yard setbacks to Bogert Trail are maintained; and Resolution No. Page 3 WHEREAS, each of the 30 individual property owners within Phase 4 of the Andreas Hills development, and each of the 18 individual property owners within Phase 5 of the Andreas Hills development have collectively executed Grant Deeds to convey their common interests to Bogert Trail within Tract No. 8132 as a public right-of-way to the City of Palm Springs. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section1. The City Clerk is hereby authorized to accept each the 30 Grant Deeds from Phase 4 and the 18 Grant Deeds from Phase 5, executed by property owners within Tract No. 8132 conveying their common interests to Bogert Trail within Tract No. 8132 as a public right-of-way to the City of Palm Springs as described on Exhibits "A-1" and "A-2" and shown on Exhibits "B-1" and "B-2", attached hereto and made a part hereof; and is hereby directed to cause to have recorded with the Riverside County Recorder said Grant Deeds dedicating Bogert Trail to the City of Palm Springs as a public street. Section 2. Upon acceptance by the City Clerk and recordation of each and every Grant Deed executed by property owners within Tract No. 8132, the City Council hereby declares the portion of Bogert Trail within Tract No. 8132 as described on Exhibits "A-1" and "A-2" and shown on Exhibits "B-1" and "B-2", attached hereto and made a part hereof, as a public street, open to public use. Section 3. The Director of Planning Services is hereby directed to process a Variance, in accordance with Chapter 94.06.00 of the City of Palm Springs Zoning Code, to address the reduced front yard setbacks to existing condominium units and their accessory structures to Bogert Trail within Tract No. 8132, and the underlying R-1- C Zone, caused by the dedication of Bogert Trail within Tract No. 8132 to the City of Palm Springs as a public street. Section 4. The Director of Public Works/City Engineer is hereby directed to install a 3-way stop controlled intersection at Bogert Trail and Andreas Hills Drive, and to install other traffic control measures as may be deemed necessary by him to provide adequate sight distance at the intersection. ADOPTED THIS 19th day of October, 2005. 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 October 19, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California EXHIBIT "A- 1 " DEDICATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: BEING A PORTION OF LOT 1, OF TRACT MAP 8132, IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, AS SHOWN IN MAP BOOK 90, PAGES 50 AND 51 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF REDFORD DRIVE AND BOGERT TRAIL AS SHOWN ON SAID MAP, THENCE S00'21'00"E, A DISTANCE OF 43.00 FEET ALONG THE WESTERLY LINE OF SECTION 1, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE N89'39'00"E, A DISTANCE OF 32.50 FEET; THENCE S02'53'36"E, A DISTANCE OF 103.17 FEET TO A POINT ON A TANGEANT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 81.50 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80'47'05", AN ARC LENGTH OF 114.91 FEET; THENCE S83'40'41"E, A DISTANCE OF 75.56 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1052.00 FEET; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'56'48", AN ARC LENGTH OF 237.71 FEET; THENCE S70'43'53"E, A DISTANCE OF 256.00 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 777.00 FEET; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'03'38 AN ARC LENGTH OF 150.00 FEET; THENCE S30'19'46"W, ,A DISTANCE OF 37.00 FEET, TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 740.00 FEET WITH A RADIAL TO SAID POINT BEARS AT N30'19'46"E, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'03'38", AN ARC LENGTH OF 142.85 FEET; THENCE N70'43'53"W, A DISTANCE OF 256.00 FEET, TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1015.00 FEET; THENCE CONTINUING WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12,56,48", AN ARC LENGTH OF 229.35; THENCE N83'40'41"W, DISTANCE OF 75.56 FEET, TO A POINT ON A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 118.50 FEET; FILE NO.: R-04-035 SHEET NO.: 1 OF 2 EXHIBIT "A -! " DEDICATION OF RIGHT-OF-WAY LEGAL DESCRIPTION (CONT.): THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83"19'41", AN ARC LENGTH OF 172.34: THENCE N00'21'00"W, A DISTANCE OF 99.45 TO THE TRUE POINT OF BEGINNING. QFtOFESSIO/yq� w o ✓�� ///nL 9Z m z * N0. C-28931 Exp.03-31-2007 61 SIVIL 9TF OF CP DATEt FILE NO.: R-04-035 SHEET NO.: I 2OF2 EXHIBIT "B- 1" � I I �J LINE DATA TM 5228 0 DELTA LENGTH RADIUS MD 79 74-75 Q S0021'00"E 43.00' m Q N89-39'00-E 44.00' J 3 80'47'05" 114,91, 81.50' �P.O.C. 4 12'56'48" 237.71' 1052.00' 5 1P03'38" 150.00' 777.00' .K-�--REDFORD DRIVE -- -- Q S30-19'46-W 37.00' Q�—T.P.0.B. 7 11 V38" 142.85' 740.00' I/2 8 12'56'48' 229.35' 1015.00' fO w ---- 09 83-19'41- 172.34' 118.50' � I sl t� sl w m E � m TM 8132 MB 90 50-51 LOT 1 I �. 3) \•� 75.56' Q .\` S83'40'41'E 4 BOGERT TRAIL 75.s6' N83'40'41'WQss c k s2D. PARCEL A 37' z NA0. o53• W \, 5 I � \• � W 7 \ IJ I� QFvOFESSI0lyq �O 0 J. BqR .41 � F 9 I WEST Y. COR. * No. C-28931 SEC 1, T.5 S., Exp.03-31-2007 R.a E. `rTgT CIV I�- --II✓ F OF CAL�V� DATEt 3 ��6t PALM� CITY OF PALM SPRINGS t PUBLIC WORKS & ENGINEERING DEDICATION OF DEPARTMENT RIGHT—OF—WAY LEGAL DESCRIPTION: DESIGN BY: SCALE: FlLE No.: JRM 1" = 100' R-04-035 SEE EXHIBIT "A-I" CHECKED BY: DATE SHEET NO.: DJB 7/29/04 1 OF 1 EXHIBIT "A-2" DEDICATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: BEING A PORTION OF LOT 2, OF TRACT MAP 8132, IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, AS SHOWN IN MAP BOOK 90, PAGES 50 AND 51 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF LOT "A" ALSO KNOWN AS ANDREAS HILLS DRIVE, AS SHOWN ON SAID MAP, SAID POINT ALSO BEING THE BEGINNING OF A CURVE AND THE TRUE POINT OF BEGINNING; SAID CURVE IS CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 175.29 FEET WITH A RADIAL TO SAID POINT BEARS N57'45'17"W, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'56'54" AN ARC LENGTH OF 88.56 FEET; THENCE S03'17'49"W, A DISTANCE OF 125.00 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 168.50 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'11'19", AN ARC LENGTH OF 141.72 FEET, TO THE POINT OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 108.50 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71'20'40", AN ARC LENGTH OF 135.10 FEET, TO THE POINT OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 547.50 FEET, THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'27'44", AN ARC LENGTH OF 310.20 FEET, TO A POINT OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 231.50 FEET, THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'37'09", AN ARC LENGTH OF 95.43 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 740.00 FEET, THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'20'38", AN ARC LENGTH OF 146.51 FEET; THENCE N30'19'46"E, A DISTANCE OF 37.00 FEET TO A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 777.00 FEET WITH A RADIAL TO SAID POINT BEARS AT N30'19'46"E, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'20'38", AN ARC LENGTH 153.83 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 268.50 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'37'09", AN ARC LENGTH 110.68 FEET, TO A POINT OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 510.50 FEET; THENCE CONTINIUNG SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'27'44", AN ARC LENGTH OF 289.24 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 71.50 FEET; FlLE NO.: R-04-035 SHEET NO.: 1 OF 2 EXHIBIT "A-2' DEDICATION OF RIGHT—OF—WAY LEGAL DESCRIPTION: THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71'20'40", AN ARC LENGTH OF 89.03 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 131.50 FEET; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'11'19", AN ARC LENGTH OF 110.60 FEET; THENCE NO3'17'49"E, A DISTANCE OF 125.00 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 196.24 FEET; _ THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'56'54 AN ARC LENGTH OF 99.15 FEET; THENCE N32'14'43"E, A DISTANCE OF 3.60 FEET, TO A POINT OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 24.50 FEET; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'12'31", AN ARC LENGTH OF 16.77 FEET, TO A POINT ALONG THE SOUTH LINE OF SAID LOT "A"; THENCE LEAVING SAID POINT S48'11'17"E, A DISTANCE OF 40.95 FEET TO THE POINT OF BEGINNING. W of G17/'�9Z z�"i * No. C-28931 Exp.03-31-2007 ire OF CP�F°� DATE: 31111s FILE NO.: R-04-035 SHEET NO.: 2OF2 PFt0FESS10N4� EXHIBIT "B'2 * No. C-28931 * \ �\ \•\ Exp.03-31-2007 STgT C I V 1�- F OF CPUFO DATE1 9 \ \ 3 TM 8132 \ 3 \3, \ `\ ��-\ MB 90 50-51 \ \.\ LOT 2 \ 1© 6 �T.P.O.B. = E CO OF "LOT "A" \ PARCEL A W I 3 LINE DATA \ BOGERT TRAIL = j N 0 DELTA LENGTH RADIUS \ 28'56"54" 88.56' 175.29' \ I o wi 4811'19, 141.72' 168.50' �\ I © 71'20'40' 135.10, 108.50, \ 10 32'27'44' 310.20' 547.50' \ ® 23'37'09" 95.43, 231.50' 4 \, / ® 11'20'36" 146.51' 740.00' \,\ ® N3019'46"E 37.00' ® 11'20'88' 153.83' 777.00' \, % ® 2337'09" 110.68' 268.50' 37" 32'27'44' 289.24' 510.50' 1 71'20'40" 89.03' 71.50' �-- 4811'19' 110.60, 131.50, 28'56'S4" 99.15' 196.24' Q N3214'43"E 3.60' 3912'31" 16.77' 24.50' @ S4811'17"E 40.95' CITY OF PALM SPRINGS 'P DEDICATION OF PUBLIC WORKS & ENGINEERING DEPARTMENT RIGHT—OF—WAY LEGAL DESCRIPTION: DESIGN BY: SCALE: F1I E NO.: JRM 1" = 100, R-04-035 SEE EXHIBIT "A-Z" CHECKED BY: DATE SHEET No.: DJB 7/29/04 1 OF 1