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HomeMy WebLinkAbout22695 RESOLUTION NO. 22695 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 CHICA AND VALMONTE NORTE ADJACENT TO 333 E. VALMONTE NORTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R 09-20. 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 21, 2010, for City Council consideration of vacating and closing to public use vacate a portion of the right-of-way dedicated for Via Chica and Valmonte Norte adjacent to 333 E. Valmonte Norte; 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, on March 24, 2010, the Planning Commission of the City of Palm Springs determined that proposed right-of-way vacation was consistent with the Palm Springs General Plan; 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 the right-of-way dedicated for Via Chica and Valmonte Norte adjacent to 333 E. Valmonte Norte, being the vacated area described on Exhibit "A" and shown on Exhibit "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 a portion of right-of-way dedicated for Via Chica and Valmonte Norte adjacent to 333 E. Valmonte Norte 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 the right-of-way dedicated for Via Chica and Valmonte Norte adjacent to 333 E. Valmonte Norte, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Resolution No. 22695 Page 2 Section 3. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain sewers, 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 215T DAY OF APRIL, 2010. David H. Ready, C' ager ATTEST: :�_ a'mes 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. 22695 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 215t day of April, 2010, by the following vote: AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat ABSTAIN: None. es Thompson, City Clerk p /xo�Zor k.. ity of Palm Springs, California Resolution No. 22695 Page 3 EXHIBIT "A" RIGHT-OF-WAY VACATION APPROVED LEGAL DESCRIPTION R 09-020 IN THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, BEING A PORTION OF LOTS H AND C AS SHOWN BY PALM SPRINGS ESTATES, RECORDED AS MAP ON FILE IN BOOK 15, PAGE 43 OF MAPS AND ACCEPTED FOR DEDICATION PER THE R.R. BUSH TRACT, RECORDED AS MAP ON FILE IN BOOK 18, PAGE 71 OF MAPS, OFFICIAL RECORDS, RIVERSIDE. COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS? COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK F OF SAID R.R. BUSH TRACT, SAID POINT LYING ON THE EASTERLY LINE OF SAID LOT H AND ALSO BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 120,00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS NORTH 89°57'00"WEST; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT H AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6940'05" A DISTANCE OF 13.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 49,00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS NORTH 73016'50" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 31028'07" A DISTANCE OF 26.91 FEET TO A POINT OF CUSP WITH A LINE; THENCE NORTH 36654-51" EAST ALONG SAID LINE A DISTANCE OF 50.73 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 129,00, THENCE NORTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1100228" A DISTANCE OF 24.86 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 14.00 FEET ; THENCE EASTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 48004'25" A DISTANCE OF 11.75 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 36.00 FEET; 14 Resolution No, 22695 Page 4 EXHIBIT "A" (CONT.) RIGHT-OF-WAY VACATION R 09-020 THENCE EASTERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 11041'31" A DISTANCE OF 7.35 FEET TO A POINT OF CUSP WITH A CURVE, CONCAVE TO THE SOUTHEAST, A RADIAL BEARING PASSING THROUGH SAID POINT OF CUSP BEARS NORTH 34036'06" WEST, SAID POINT OF CUSP ALSO LYING ON THE SOUTHEASTERLY LINE OF SAID LOT C; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT C, THE EASTERLY LINE OF LOT H AND THE ARC OF SAID CURVE TRHOUGH A CENTRAL ANGLE OF 48944'31" A DISTANCE OF 102.08 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 977 SQUARE FEET, MORE POR LESS. LAND sal. mac, STEVlN4L G 0 C ALIF� 15 Resolution No. 22695 Page 5 EXHIBIT "B" 125 i 25'rvw I RNJ VALMONTE DEL NORTE I I > N : lam O w L 20,00' C5 fl J J J :4 J w J Lg � o0 AREA TO 8E VACATED A+ 6; a o✓ f4 O� O' " N 89.57,001, W 140.01' L07 GRAN VLA E VALAMONTE 1 CURB�WAVE DF.I,TA ANGLE RADIUS ARC LENGTH �y�`o�p4 LANp sG�L Ct 06040,051, 170.00' 13.9'1' C2 31128'07" 4900' 26.91' o Steven J. Van o C3 11002'28" 129.00' ?4.86' a C4 48'04'25" 14,00' 11.75' l y C5 11°41'31" 36.00' 7.3S' Exp, 08/JO/11 7f �T9rF OF C p)-\ °o STEVEN J.van v.re 7 I PALL/ APPROVED A. �. CITY OF PALM SPRINGS ) DATE PUBLIC WORKS & ENGINEERING ` r- DEPARTMENT nssT.DIREtr R vF PueLrc wv rcs� 15 Y1F `4 ASST.CITY ENGINEER RIGHT-OF-WAY VACATION DESIGN Dr: SLALE- FILE Nv; LEGAL DESCRIPPDN: SJV 1" =40' RW 09,1020 SEE EXHIBIT P/L LI CHECKED BY: W.D. 0 SHEET Nd OC. EXHIBIT /"1 g000.l2 1 OF I