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HomeMy WebLinkAbout4/6/2005 - STAFF REPORTS (14) CITY COUNCIL April 6, 2005 PUBLIC HEARING Subject: GRANVIA VALMONTE RIGHT-OF-WAY VACATION 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 proposed right-of-way vacations. 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: It is recommended that the City Council, after considering testimony received at the Public Hearing, adopt a resolution vacating a portion of the right-of-way dedicated for Granvia Valmonte in Section 11, Township 4 South, Range 4 East; File R-04-031. STAFF ANALYSIS: Granvia Valmonte is a identified as a local residential street, with a total right-of-way width of 60 feet. The City's standard minimum width for local residential streets is 50 feet. As such, there is an excess of 5 feet of right-of-way along and adjacent to either side of Granvia Valmonte that is not necessary for present or future use. Matthew Hood, the property owner of 1125 Granvia Valmonte submitted a request to the Public Works and Engineering Department for vacation of the excess 5 feet of right-of- way adjacent to the property. Engineering staff processed the right-of-way vacation request, and on February 23, 2005, the Planning Commission approved Case No. R-04- 031, determining that the proposed right-of-way vacation of the south 5 feet of Granvia Valmonte was consistent with the Circulation Element of the 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 6, 2005, to hear all persons interested in or objecting to the right-of-way vacation. Notices of the proposed right-of-way vacation have been posted within the vacation area, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. City staff coordinated with the public utility companies and verified that no public utilities have existing facilities within the vacated area requiring reservation of an easement. Granvia Valmonte Right-of-Way Vacation April 6, 2005 Page 2 If the City Council desires to approve the proposed right-of-way vacation, adoption of the attached Resolution will vacate and close to public use the southerly 5 feet of Granvia Valmonte adjacent to the property located at 1125 Granvia Valmonte. c �SUBMITTED: %7 DAVID J. BARAKIAN Director of Public Works, City Engineer DAVID H. READY City Manager ATTACHMENTS: 1. Vicinity Map 0 Of w J J Q m Q U RA QUIET CLUB ROAD 1 111 � I w VIA ESCUELA Q w VISTA CHINO ROAD o J CHUCKWALA RD. -' o Elf o z CHIA RE. O z � O z DESERT Q HOSPITAL p Q TACHEVAH ROAD Q ~ o RUTH EL ALAMEDA DR Fh Q W HARDY VERBENA DR. W w — ¢ TAMARISK RD. c o <a ? GRANVIA VALMONTE w C� (n ALEJO ROAD �� Fy � z w � = cn MADO ROAD CONVENTION � CENTER PROJECT SITE �pG pALM SP CITY OF PALM SPRINGS '01 y PUBLIC WORKS & ENGINEERING VICINITY MAP DEPARTMENT Proof of Publication In Newspaper STATE OF CALIFORNIA County of Riverside Laura Reyes says: 1. 1 am a citizen of the United States, a resident of the City of Indio, County of CITY OF PALM SPRINGS Riverside, State of California, and over NOTICE OF PUBLIC HEARING File No.R-04-031 the age of 18 Years. A Portion of Granule Valmonte 2. 1 am the Office & Production Mana er NOTICE IS HEREBY GIVEN[hat the City Council of the g City of Palm Springs,California,will hold a Public Hearing to of The Public Record, a newspaper of consider the proposed right-cif-way vacation at Its meeting of 9 general circulation printed and published April 6,2005.The City Council meeting begins at 6:00 P.M.in P Y the City Council Chamber of City Hall, located at 3200 E. in the City of Palm Springs, County of Tahqultz Canyon Way,Palm Springs,California. The-purpose-of the Public Hearing-is-lo-mmder vacat-- Riverside, State of California. Said The mg a portion of an existing public rightcf-way for Granvia of general Valmonte adjacent to the property located at 1125 Granvia Public Record is a newspaper g Valmonte,more particularly described and shown on Exhil circulation as that term is defined In "A"and"B", attached hereto and made a part hereof, all in Section 34,Township 3 South,Range 4 East City File l Government Code section 6000, its 031;an application made through the City of Palm Springs. status as such havin been established Ifanyindividualorgroupchallengestheproposedright- g of-way vacation action in court,Issues raised may be limited to by judicial decree of the Superior Court only those issues mised at the Public Hearing described in the notice or in written correspondence submitted at,or prior to the of the State of California in and for the City Council Hearing. Count of Riverside in Proceeding No. An equal opportunity will be given for all interested per- Y 9 sons requesting to be heard at the Public Hearing.Questions Indio 49271, dated March 31, 1987, regarding this proposed right-cf-way vacation may be directed to Marcus Fuller,Senior Civil Engineer,Department of Public entered in Judgment Book No. 129, page 1Works and Engineering,(760)323-B253,ext.B744. 355, on March 31, 1987. /s/JAMES THOMPSON 3. The Public Record is a newspaper of a� P..a. City Clerk general circulation ascertained and Tr established in the Cityof Palm Springs in GANYAYAMONTE _ _ the County of Riverside, State of I mhk�'a6trornnv �4 �}l�J^:�6J-` :a' re�cn. California, Case No. RIC 358286, Filed June 8, 2001. PORnde OF LOT"w I N..47 MPP No.I 4. The notice, of which the annexed is a n ON FAA W aWx, PAGE 49ti X � uaxmmatte AP M true printed copy was published in the newspaper on the following publication dates to wit: x March 15, 2005 March 22, 2005 ¢ I certify under penalty of perjury that the ° above is true and correct. — Dated at Palm Springs, California, this _ �P"r:."� x��� x,yy[FM[uo OWX[eMo VAC GF wr' 22"d day of March, 2005. TI I =v= March 15,22,2005 r Reyes Of i e & Produ io Manager �pALMSA City of Palm Springs h �' U m * . Department of Public Works and Engineering * ryC�RORAiEO i93 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Tel:(760)323-8253 • Pax: (760) 322-8360 • Web: www.ci.palm-springs.ca.us it AFFIDAVIT OF POSTING NOTICES I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing (File No. R-04-031), for the vacation of a portion of Granvia Valmonte as shown as a portion of Lot 14 on Assessor's Map No. 47, Map Book 1, Page 49 as described In Exhibit "A" and shown in Exhibit "B" (attached), was posted in three (3) locations (as indicated on Exhibit "B"), on MCWch a 2, 2005. A copy of said notice is attached hereto. David J. Barakian Director of Public Works/City Engineer Department of Public Works & Engineering City of Palm Springs California OW-11F� Post Office Box 2743 0 Palm Springs, California 92263-2743 r, NWCOROFSE1 /4, OF THE SW1 /4, I EXHIBIT "B" OF THE SE 1 /4 SECT, OF SECT 11 T. 4 S. , R, 4 E. , SBBM N 89°53'0W E A 161.00, GRANVIA VALMONTE - — PROPOSED5.0' � - -- - - -� 30.00' �� 25.00 RIGHT OF WAY 0o N VACATION 30,00' om - N 89°53'00" E 10320' 1 1 -- -- -- �� 17 ITr--1 1_- 1.-- -- EXISTING RIGFIT OF WAY 9°53'QO" E e,00' 103.20' EXISTING RIGHT OF WAY T.P.O.B. PORTION OF LOT 14 ON ASSESSOR'S MAP No. 47 ON FILE IN BOOK 1 PAGE 49 C4 OF ASSESSORS MAP Ln crm m T A.P.N. 507-272-002 INSTRUMENT No. 1001771 o DATE D 12 124/2003 0 OFFICIAL RECORDS o °oo RIVERSIDE COUNTYoo 0 0 Z 2 SITE ADDRESS 1125 GRANVIA VALMONTE 0' 30' 60' 90' O,N, LA �5� SGP N 89053'00" E 103.20' o a RONA D VELASCO A p Exp. 12-31.2006 s';x� No. 7424 T4. OF CAQ \yVl U✓'J �i pA CITY OF PALM SPRINGS VACATION OF ()0(; 6 PUBLIC WORKS AND ENGINEERING RIGHT OF WAY * * DEPARTMENT rraM` LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: SEE EXHIBIT"A"SHEET 1 OF 1 1° = 30' R- 04 - 031 CHECKED BY: W.O. / SHEET NO.: 2 OF 2 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS File No. R-04-031 A Portion of Granvia Valmonte 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 6, 2005. 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 an existing public right-of-way for Granvia Valmonte adjacent to the property located at 1125 Granvia Valmonte, more particularly described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, all in Section 34, Township 3 South, Range 4 East; City File R-04-031; an application made through the City of Palm Springs. If any individual or group challenges the proposed right-of-way 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 equal opportunity will be given for all interested persons requesting to be heard at the Public Hearing. Questions regarding this proposed right-of-way vacation may be directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, ext. 8744. AMES THOMPSON City Clerk 00- �: EXHIBIT "A" PROPOSED RIGHT OF WAY VACATION LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST 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 NORTHWEST CORNER OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN. THENCE N 89053'00" E,A DISTANCE OF 161.00 FEET, ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, THENCE S 00007'00" E,AND PERPENDICULAR WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 11,A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING THENCE N 89053'00" E,AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,A DISTANCE OF 103.20 FEET THENCE N 00007'00"W,AND PERPENDICULAR WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 11,A DISTANCE OF 5.00 FEET THENCE S 89053'00"W,AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11, A DISTANCE OF 103.20 FEET THENCE S 00007'00" E,A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING `04p L LA/y� S 0 RONALD VELASCO LS 7424 DATE * RONALD E ASCO Exp. 12-31-2005 S'T No. 7424 �P qTE OF CAL\F' FILE NO.: R-04-031 SHEET NO.: 1 OF 2 NWCOROFSE1 /4, OF THE SW1 /4, I EXHIBIT "B" OF THE SE 1 /4 SECT, OF SECT 11 T.4 S. , R. 4 E. , SBBM N 89-53'00^ E 1s1.00, GRANVIA VALMONTE- - - W 1 1 PROPOSED 5.0' � 7 - - 00 o RIGHT OF WAY Flo� N 25.00' VACATION 30.00, o N 89°53'00" E 103.20' 1 / --._ lll.7�J �TJ.T_T11-� l.__.-- EXISTING RIGHT OF WAY N 89°53'00" E 5.00 103.20' EXISTING RIGHT OF WAY T.P.O.B./� PORTION OF LOT 14 ON ASSESSOR'S MAP No. 47 cm ON FILE IN BOOK 1 PAGE 49 . OF ASSESSORS MAP N LO CM C7 A.P.N. 507-272-002 r INSTRUMENT No. 1001771 3 o DATED 12/24/2003 0 o OFFICIAL RECORDS o o RIVERSIDE COUNTY o 0 0 Z Z SITE ADDRESS 1125 GRANVIA VALMONTE 0' 30' 60' 90' L. LAND / k�y5� SGQm �� N 89053'00" E 103.20' 0 C o' a A RONA D VELASCO Exp. 12-31-2005 NT No. 7424 qrF OF CAL\F�� � PALM CITY OF PALM SPRINGS VACATION OF 5 PUBLIC WORKS AND ENGINEERING RIGHT OF WAY 001 * * DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: SEE EXHIBIT"A"SHEET 1 OF 1 1 = 30' R- 04 - 031 CHECKED BY: W.O. / SHEET NO.: 2 OF 2 RESOLUTION NO. 21233 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 THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED GRANVIA VALMONTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-04-031 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 streets, or parts of streets, within the limits of the City; and WHEREAS, the Planning Commission has determined that the right-of-way vacation is consistent with the Circulation Element of the City's General Plan; and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for April 6, 2005, for City Council consideration of vacating and closing to public use a portion of the right-of-way dedicated for the public street named Granvia Valmonte; 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 portion of the public street named Granvia Valmonte, 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 subject portion of right-of-way dedicated for the public street named Granvia Valmonte, 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 road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That the City Council does hereby find that the subject portion of the public street named Granvia Valmonte is unnecessary for present or prospective public use. Section 2. That the City Council does hereby vacate and abandon all the City's right, title and interest in the subject portion of right-of-way dedicated for the public street named Granvia Valmonte, as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 3. That 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. EXHIBIT "A" PROPOSED RIGHT OF WAY VACATION LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST 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 NORTHWEST CORNER OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN. THENCE N 89053'00" E, A DISTANCE OF 161.00 FEET, ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION I1,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, THENCE S 00007'00" E, AND PERPENDICULAR WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 11, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OFBEGINNING THENCE N 89053'00" E,AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,A DISTANCE OF 103.20 FEET THENCE N 00007'00"W, AND PERPENDICULAR WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 11, A DISTANCE OF 5.00 FEET THENCE S 89053'00"W, AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 11,A DISTANCE OF 103.20 FEET THENCE S 00007'00" E, A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING 0:�kpL LAA/� a A RONALD VELASGO LS 7424 DATE * RONALD VELASCO Exp. 12-31-2005 sT No.7424 9TR OF CAL\' � FILE NO.: R-04-031 SHEET NO.: 1 OF 2 NWCOROFSE1 /4, OF THE SWI /4, I EXHIBIT "B" OF THE SE 1 /4 SECT, OF SECT 11 T. 4 S. , R. 4 E. , SBBM N 89°53'00" EE A 11661._00' GRANVIA VALMONTE - Y W� 1 PROPOSED 5.0 - — - — -� 0 RIGHT OF WAY 0 0 2500' 30.00' oo N VACATION 30.00' I o N 89°53'00" E 103.20' l / EXISTING RIGHT OF WAY N 89053'00" E L12L 103.20' EXISTING RIGHT OF WAY T.P.O.B. PORTION OF LOT 14 ON ASSESSOR'S MAP No. 47 ON FILE IN BOOK 1 PAGE 49 - OF ASSESSORS MAP LO M co A.P.N. 507-272-002 r INSTRUMENT No. 1001771 o DATED 12/24/2003 0 o OFFICIAL RECORDS o o RIVERSIDE COUNTY o 0 0 Z Z SITE ADDRESS 1125 GRANVIA VALMONTE 0' 30' 60' 90' ONPL LANp I \ C5\ SGp ` N 89053'00" E 103.20' a S � 0 1 RONA D VELASCO Exp. 12-31-2005 No.7424 �P 9TF OF CAI,%F � PALM S,p P CITY OF PALM SPRINGS VACATION OF PUBLIC WORKS AND ENGINEERING RIGHT OF WAY * ���* DEPARTMENT LEGAL DESCRIPTION: DESIGN BY. SCALE: FILE NO.: SEE EXHIBIT"A"SHEET 1 OF 1 1" = 30' R- 04 - 031 CHECKED BY: W.O. III SHEET NO.: 2 OF 2