HomeMy WebLinkAbout22711 RESOLUTION NO. 22711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY
FOR CHASE PLACE, FIELD VIEW AND FOSTER VISTA
AND PUBLIC UTILITY EASEMENTS ADJACENT
THERETO, AND A CLEAR AREA EASEMENT, IN
SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE
R 10-01.
WHEREAS, the City Council of the City of Palm Springs, California, is authorized
by Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of
California (the "statute"), to summarily vacate and abandon streets and public service
easements, or parts thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8331 of the statute, the legislative body of a
local agency may summarily vacate a street if both of the following conditions exist: (1)
for a period of five consecutive years, the street has been impassable for vehicular
travel; and (2) no public money was expended for maintenance on the street during
such period; and
WHEREAS, pursuant to Section 8333(a) of the statute, the legislative body of a
local agency may summarily vacate a public service easement if the easement has not
been used for the purpose for which it was dedicated or acquired for five consecutive
years immediately preceding the proposed vacation; and
WHEREAS, the streets, public utility easements, and clear area easement shown
on Parcel Map 29631, recorded April 17, 2002, in Book 201 of Parcel Maps, Pages 50-
54, records of Riverside County, California, were dedicated to and accepted by the City
Council of the City of Palm Springs on February 6, 2002; and
WHEREAS, the streets shown on Parcel Map 29631 have not been constructed
and have been impassable for vehicular travel for over five consecutive years, and no
public money has been expended for maintenance on them during such period; and
WHEREAS, the public utility easements and clear area easement shown on
Parcel Map 29631 have not been used for the purpose for which they were dedicated
for over five consecutive years.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby adopt this Resolution in accordance with
Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and
Resolution No. 22711
Page 2
Service Easements Vacation Law", of Division 9, "Change of Grade and
Vacation" of the California Streets and Highways Code (Section 8330 et.
seq-).
Section 2. Subject to Sections 5 and 6 herein below, the City Council does hereby
summarily vacate and abandon all the City's right, title and interest in
those portions of street rights-of-way for Chase Place, Field View and
Foster Vista, being the vacated area described in Exhibit "A", and shown
on Exhibit "B", attached hereto and made a part hereof.
Section 3- Subject to Sections 5 and 6 herein below, the City Council does hereby
summarily vacate the public utility easements adjacent to those portions of
the street rights-of-way for Chase Place, Field View and Foster Vista
being vacated pursuant to Section 2 herein above, as described in Exhibit
"A", and shown on Exhibit "B", attached hereto and made a part hereof.
Section 4. Subject to Sections 5 and 6 herein below, the City Council does hereby
summarily vacate the clear area easement, as described in Exhibit "A",
and shown on Exhibit "B", attached hereto and made a part hereof.
Section 5. This summary vacation is subject to the following concurrent actions of the
owners of all of the existing parcels within that certain Parcel Map 29631,
recorded April 17, 2002, in Book 201 of Parcel Maps, Pages 50-54,
records of Riverside County, California:
a. An application for and approval of a parcel merger of Parcels 4 through
12, inclusive, and 15 through 17, inclusive, of said Parcel Map 29631,
whereby those adjacent portions of Field View and Foster Vista (Lot
"B" of said Parcel Map 29631), and the adjacent portion of Chase
Place (Lot "C" of said Parcel Map 29631) vacated pursuant to this
Resolution shall be incorporated therein. An instrument evidencing the
required parcel merger shall be recorded in the Office of the Riverside
County Recorder immediately succeeding the recordation of this
Resolution.
b. An application for and approval of a lot line adjustment between the
consolidated and merged parcel identified in Section 5(a) herein
above, and Parcels 21 through 23, inclusive, of said Parcel Map
29631, including the adjacent portion of Chase Place (Lot "C" of said
Parcel Map 29631) vacated pursuant to this Resolution, in a manner
that will create a realigned centerline of Chase Place as required by
the City Engineer. An instrument evidencing the required lot line
adjustment shall be recorded in the Office of the Riverside County
Recorder immediately succeeding the recordation of an instrument
evidencing the required parcel merger identified in Section 5(a) herein
above.
Resolution No. 22711
Page 3
c. Dedication of right-of-way for street and public utility purposes to the
City of Palm Springs for a realigned Chase Place as required by the
City Engineer. Instruments evidencing the dedication of right-of-way,
appropriately executed by the record title owners, and accepted by the
City Clerk of the City of Palm Springs, shall be recorded in the Office of
the Riverside County Recorder immediately succeeding the
recordation of an instrument evidencing the required lot line adjustment
identified in Section 5(b) herein above.
Section 6. Until such time as all of the required documents implementing the
provisions of Section 5 herein above are submitted to and approved by the
City Engineer, together with instruments appropriately executed for
concurrent recordation with this Resolution, the City Council's action to
summarily vacate the City's interests in the street rights-of-way, public
utility easements and clear area easement as described in Exhibit "A", and
shown on Exhibit "B", attached hereto and made a part hereof, shall be
deferred. In the event the obligations set forth in Section 5 herein above
are not fulfilled to the satisfaction of the City Engineer within two years of
the date of the adoption of this Resolution, the action taken by the
adoption of this Resolution shall be deemed null and void, and the action
automatically rescinded.
Section 7. Upon notification from the City Engineer that the obligations set forth in
Section 5 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, and that from and after the date this Resolution is
recorded, those portions of street rights-of-way for Chase Place, Field
View and Foster Vista and the public utility easements adjacent thereto no
longer constitute streets or public utility easements; and the clear area
easement no longer constitutes a public service easement in accordance
with Section 8335 of the statute.
ADOPTED THIS 19T" DAY OF MAY, 2010.
David H. Ready, Cit ager
ATTEST:
/' mes Thompson, City Clerk
Resolution No. 22711
Page 4
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. 22711 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 1gth day of May, 2010, by
the following vote:
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro Tem Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California
Resolution No. 22711
Page 5
EXHIBIT "A"
(LEGAL DESCRIPTION)
PARCEL "A",
THAT PORTION OF PARCEL "B" OF PARCEL MAP NO. 29631, AS SHOWN
BY MAP ON FILE IN BOOK 201, AT PAGES 50 THROUGH 54, INCLUSIVE,
OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDIN.O BASE AND MERIDIAN; CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 12 OF SAID
PARCEL MAP 29631, SAID POINT ALSO BEING A POINT ON THE
NORTHERLY LINE OF SAID PARCEL "B", .OF THAT PUBLIC STREET
KNOWN AS FIELD VIEW;
THENCE ALONG THE NORTHERLY, EASTERLY,. WESTERLY AND
SOUTHERLY LINES OF SAID PARCEL "B" THROUGH THE FOLLOWING
TWELVE (12) COURSES:
(1) THENCE SOUTH 89-33'16- EAST A DISTANCE OF 555.93 FEET TO THE
13EGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 100,00 FEET;
(2) THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°08'58", AN ARC DISTANCE OF 17.71.FEET;
(3) THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 80017'47"
EAST A DISTANCE OF 41.12 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 76,00 FEET;
(4) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 109933'22", AN ARC DISTANCE OF
145.32 FEET;
(5) THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 09°51'09"
WEST A DISTANCE OF 41.12 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET
(6) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10908'68", AN ARC DISTANCE OF 17.71 FEET;.
(7) THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 00017'49"
EAST A ❑ISTANCE OF 970.93 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OP 100.00 FEET;
PAGE 1 OF 5
1 �
Resolution No. 22711
Page 6
EXHIBIT "A"
(LEGAL DESCRIPTION)
(8) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°08'58", AN ARC DISTANCE OF.17.71 FEET;
(9) THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 10026'47"
EAST A DISTANCE OF 41.12 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 76,00 FEET;
(10) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 82°2015", AN ARC DISTANCE OF
109.22 FEET;
(11).THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 71053'28"
WEST A DISTANCE OF 41,12 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00
FEET;
(12) THENCE .SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 10-08-58", AN ARC DISTANCE OF 1771
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 28°15W)" WEST A
DISTANCE OF 66.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID
PARCEL "B";
THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID
PARCEL "B" THROUGH THE FOLLOWING NINE (9):COURSES:
(1) THENCE NORTH 61°44'30" EAST A DISTANCE OF 56.46 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 25.00 FEET;
(2) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 62002'19",'AN ARC DISTANCE OF 27,07
FEET;
(3) THENCE TANGENT TO LAST MENTIONED CURVE ALONG THE
WESTERLY LINE OF SAID PARCEL "B", NORTH 00�17'49" WEST A
DISTANCE OF 243.09 FEET;
(4) THENCE CONTINUING NORTH 00°1749" WEST ALONG SAID LINE A
DISTANCE OF 120.00 FEET;
(5) THENCE CONTINUING NORTH 00"17'49" WEST ALONG SAID LINE A
DISTANCE OF 711.11 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET;
PAGE 2or5
12
Resolution No. 22711
Page 7
EXHIBIT
(LEGAL DESCRIPTION)
(6) THENCE NORTHWESTERLY ALONG. THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 89015'26", AN ARC DISTANCE OF 38.95
FEET;
. (7) THENCE .TANGENT TO LAST MENTIONED CURVE ALONG THE
SOUTHERLYI-iiNE OF SAID PARCEL "B'fr;.NORTH 89°33'15" WEST A
DISTANCE OF 514.03 FEET; ,
(8) THENCE CONTINUING NORTH 89°33'15" WEST ALONG SAID LINE A
DISTANCE OF 120,00 FEET;
(9) THENCE CONTINUING NORTH 89°33'15" WEST ALONG SAID LINE A
DISTANCE OF 125.77 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00026'45" EAST A
DISTANCE OF 66.00 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID PARCEL "B";
THENCE SOUTH 89033'15" EAST ALONG SAIL) NORTHERLY LINE A
DISTANCE OF 157:.05 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE 5.00 FEET"WIDE PUBLIC UTILITY EASEMENT
LYING ALONG AND ADJACENT TO THE ABOVE DESCRIBED PARCEL, AS
SHOWN ON SAID PARCEL MAP NO. 29631,
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 139,197 SQUARE FEET OR 3,196 ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND 13Y THIS REFERENCE MADE A
PART HEREOF.
PREPA Y OR MTFE DIRECTION OF:
�p,L LAND
CHARLES R. HARRIS P,L.S. 4989
EXP. 12/31/11 CHAR4ES R. HAMS
DATED: 2 ��
1 No. 4989 1
7[ Exp. 12/31/11 7S .
cr r Or ct �F
PAGE 3 OF 5
13
Resolution No. 22711
Page 8
EXHIBIT "An
(LEGAL DESCRIPTION)
PARCEL "B":
PARCEL "C" OF PARCEL MAP NO. 29631, AS SHOWN BY MAP ON FILE IN
BOOK 201, AT PAGES 50 THROUGH 54, INCLUSIVE, OF PARCEL MAPS,
RIVERSIDE COUNTY RECORDS, BEING IN THE SOUTHEAST QUARTER
OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA.
TOGETHER WITH THE 5.00 FEET WIIDE PUBLIC UTILITY EASEMENT
LYING ALONG AND ADJACENT TO THE ABOVE DESCRIBED PARCEL, AS
SHOWN ON SAID PARCEL MAP NO. 29631.
SUBJECT TO EXISTING ,EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 71,502 SQUARE FEET OR 1.641 ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND .BY THIS REFERENCE MADE A
PART HEREOF,
PREPY OR UNDE IRECTION OF: NPI- LAND
CHARLES R. HARRIS P.L.S. 4988
EXP. 12l31/11 CHARLE6 R. HARRIS
DATED: Z3 /d
No. 4980
. A Exp. 12/31111 7C
PAGE 4OF5 '
14
Resolution No. 22711
Page 9
EXHIBIT "A
(LEGAL DESCRIPTION)
PARCEL ,1C
THAT PORTION LOCATED. ON THE SOUTHWEST CORNER OF PARCEL 17
SHOWN AS "CLEAR AREA" ON PARCEL MAP NO. 29631, AS SHOWN 13Y
MAP ON FILE IN BOOK 201, AT PAGES 50 THROUGH 54, INCLUSIVE, OF
PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
CONTAINING 361 SQUARE FEET OR 0.008 ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPA Y OR UNDER THE DIRECTION OF: LAAb
CHARLES R. HA RIS P.L.S. 4989
EXp. 12/31/11 CHABLE8 R;HARRII
DATED: z3
1 No, 4889.
7[ Exp. 12/31/11
oir Cn+
i
PAGE 5 OF 5
15
Resolution No. 22711
P.O,B. .
EXHIBIT "B°
PAR. wA• VACATED R/W
PAR. 14 1 PAR. 13 I PAR. 12 I PAR. 11 N'LY L NE 1 D I r N
_I 1 PAR. "0" PAR. 9 I I
v D. PAR I r a t
L26 L12.I li� I I w {
L2 187 I STY LINE 06
PAR. "0" C3 I W I-.. .
PAR. 18 PAR. 16 15 �I U I
/ f PAR. 6b% PAR, 8
\ / 5' PUE PEy PMB V
\ r 201/50-51 ly�r f I NMT
Z I .
6-6
PAR. 19 p �OW'LY UNE W I i � ❑y U1.
\\ \\ P PAR. "0" PAR. 7
. I g
\` PARCEL. 'kip el / — — — — E'LY LINE
\ 71,502 SO. FT. PAR. "B"
a \ �641 AC. y
PAR. 20 O_ PAR, 17 yjfa
PAR. 6
/ o I I L T T 5' PUE PER PMB• � N
\201 50-54 PAR. 'C' PARCEL. 'W
U \ \ / 139,197 SO. FT,
((< PAR. 21 J L20 1 3.196 ,Ay. —a
0'Aj\ \�VL\ . SEE DETAIL •A` PAR. 5 III �_ -� ,U
\ [��` \ AT PHEET 2 a.
D \ \ PAR. 22 1-2
\ \ / L22 I —
1 J
H. PARR PAR. 4 I U
Dtp o12/31/11 \ \ \ / PAR. 23 C4 I I M
9�Op SEE SHEET FOR CURVE I � r
AND LINE QATA \ / PAR. 3 I I I T
(R
(R 5' PUE PER I MB I
�C6 \201/50-54
PAR. 2 \PAR. 1\ I L —
ODMSA CONSULTING, INC
Pt,ANrRN({ ■'CfM ENODM19 G ■ LAND SURVI IND
.34200 Bois HOPE.DRIVH ■RANcao MIRAOe ■CA 9=70 .
Tm-lw ONE (760) 320.9m r FA8 (760) 323.7893
VACATEID R/W.
LEGAL Da scRIPnON: SEE ATTACHED EXHIBIT 'A FOR LEGAL cRH 1"=2DD' R1D 0
DESCRIPTION. CHECKED BY: WA, SHEEP CRH 1970 1 OF
1.6
Resolution No, 22711
EXHIBIT "B"
VACATED R/W
CURVE DATA LINE DATA
N0. QELTA RADIUS LENGTH TANGENT No, BEARING LENGTH
C7 10'08'58" 100.015 1 ;71 8.88 Lt IS 89'33'15" E 555:9�5�
C2 108'33 22" 76.00' 145.32 107.65 L2 IN ST17'47" E 41.12
C3 _ 10.0$'58' 100.00 17.%7 8.88 L3 S 09'51 69 W 41.12
C4 10'08'58" Y00.00 17.71 8.88 L4 S 00'17 49 E 970.93
C5 822q'15 78,00 10 .22' 66.46 L5 S ]0'2647 E 1.12
C6 10'D8 56 100.00 17.71'
CCC1B2 3868''59 .. . 5461,.4207 27.07 15.03' N 28'15'3 M 6.
1526 25.00 38,9 24.8
C9 30"
, 88.28 " W 243,g6
9
C10 86.32' 46,64 L10 N 00119 W 12 ,0
CT1 0
. . 80.09 L11 N UU749 W 711. '' .
53 333.00' 21.4. 111.36' L12 N 89-33'15"' W 514,03
C13 46'20'32" 92.00 74,4 .38' 120009 .L14 N 89' 3'15' W 12 .77
,L15 N.00'2545 E, 66, 0
L16 S HIM' '5' .157,05
L17 S 45'2 8 W 38.19
5' PUE PER PMB L18 S 092645 W 14.42
201/50--54 I L19 5 36 2.q8" E 656:85'
L20 N 89'42'11 ' E 25.0T
\ PAR. 1 7 I L21 N 44'42 11 E 38.16
N 53'27'52" E I 4co L22 N 45'1T49" W 38.15
(R) PARCEL 'C• I L23 L24 N N 89'42'11" W 25
Sg 36'32'08 W 656.5'
5
R2, 361 SQ. Rf. .C] L25 N 26 4.5 1.4,42
2R. FFF^^^ L26 N 44'33 0 W 36:19
lY N 07'07'20" E Q T
CLEAR AREA PER
PM 29631 PARCEL 'R'
PM6 201/50-54
DETAIL 'A'
NOT TO SCALE
MSA CONSULnNG, INC,
PLAWM ■ Crva BNORME ING ■ LAND SURVEYINU
IV34200 BOB Holes DRIVE ■RANCHo M1AAol, •CA 92270
TMEMONB (760) 320-9811 m FAx (760) 323-7893
VACATED R/W
LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" FOR LEGAL cRH 1"=2DU' R1U-01
DESCRIPTION, CHECKED BY: W.O. # SHEET NO.:
CRH 197G 2 OF 2