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HomeMy WebLinkAbout4/6/2005 - STAFF REPORTS CITY COUNCIL April 6, 2005 PUBLIC HEARING Subject: TUSCAN ROAD 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 Tuscan Road in Section 3, Township 4 South, Range 4 East; File R-04-045. STAFF ANALYSIS: Tuscan Road is identified as a local residential street, with a current total right-of-way width of 25 feet (only the east half of Tuscan Road in this area exists of record). This segment of Tuscan Road, between Via Escuela and Via Olivera was shown on a Record of Survey filed in Book 45, Page 72, records of Riverside County, California. Refer to Attachment 1 for the Assessor's Parcel Map to see the subject segment of Tuscan Road and surrounding parcels. The parcels in this area that are adjacent to the subject segment of Tuscan Road are vacant and, pending action on the proposed right-of-way vacation, will be submitting development plans for single family homes in the near future. C. Payton Ray (owner of the property identified as Assessor's Parcel Number 504-192- 012) and Blake Little (owner of the property identified as Assessor's Parcel Number 504- 192-013), submitted a request to the Public Works and Engineering Department for vacation of this segment of Tuscan Road adjacent to their properties. Their request was submitted in light of the fact that it is unlikely that Tuscan Road will ever be constructed through to Via Olivera; there is a substantial topographical elevation difference from the current end of Tuscan Road from Via Olivera, and there will be little opportunity to acquire the other half of Tuscan Road adjacent to the property identified by Assessor's Parcel Number 504-192-008 which is an existing home site with a pool and accessory buildings within that portion of the property that would be dedicated for Tuscan Road. Further, the subject segment of Tuscan Road is unimproved, and unused for access; existing properties have access of other surrounding streets. The two property owners are also collectively designing single family homes that will use a private driveway as access to the internal lot; no land-locked parcel would be created as a result of the proposed right-of-way vacation. Engineering staff processed the right- of-way vacation request, and on March 9, 2005, the Planning Commission approved Case No. R-04-045, determining that the proposed right-of-way vacation of the subject segment of Tuscan Road was consistent with the Circulation Element of the General Plan. 0C 0 Tuscan Road Right-of-Way Vacation April 6,2005 Page 2 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 various utilities, including sewers, existing in this segment of Tuscan Road, and as such, an easement for public utilities will be reserved from the Resolution of Vacation proposed for City Council adoption. Further, the proposed Resolution includes a condition that requires the owner of the property identified as Assessor's Parcel Number 504-192-013 to submit a private access easement, approved by the City Engineer, in benefit of the property identified as Assessor's Parcel Number 504-192-012, prior to recordation of the Resolution of Vacation. Following recordation of the Resolution of Vacation, the private access easement will be recorded to ensure that the interior property is not land-locked and prevented from having legal access. 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 subject segment of Tuscan Road north of Via Escuela. SUBMITTED: 6X)x"76)�( DAVID J. BARAKIAN Director of Public Works, City Engineer APPROVED: DAVID H. READY City Manager ' ATTACHMENTS: 1. Assessor's Parcel Map 2. Vicinity Map 0002 504�/J T C.A.o/I-o21 PdR. TR/B MAP /S NR 29- 1 ASSESSMENT PURPOSES ONLY TRA O//�3 i TRA 01/-025 1 ' It t ® /S /7 11 < � Pat / O /J v e B O 5 � x zn eras r Irsmo e n 0.35 At a 40 O r O ZB •-. , Pvr.2 0.35Ac ® xl ssaca °>S Jj°l ` ,.y., Itsaens/sl n 'I 11 ]5,3 O lB 4 ' 035Ac � 4/ O 1 �•' © 2/ t9 r / aP zv/az I92 TRA 0/l -Lb3 / NW Cvr /3Z V.r. TRA.0//-025 u TRA 0/1-OP/ x neaaiz/t - 3 0 s3 nz ,,,,, ,.I.<, ,r. _ ., 2s a>z-2r• ,�> 23 0 •aiie li.%,. / .� p i h"• 2r /3 /4 P n h 0.38A:= \R Por. Q Poo a>• Y s/o s/s>.,F =„ _ _ =s_ nswn zt — T asrl/>a TRA 011-0252r n h e ae F TRA 0//-02/ ,� • [ I — M8.20/84 Piemonte Estates W m u R/S /2/87 N Q 2 7/ O Pet y e<.c aco x nrw ez R/S 275 z p 21v2 '9z-aol 192++a• 28 0.50tA, 4/]T v7 95-001 S T R/S 33/72 Pit y �TS R/S 45/72 �> P.M. 20/92 Parcel Ma No. 7046 riea lmz-rz rc P q r/ae ,as_ asr lJ� ® Poc W ro-s ,sz ii so,sr 3 Q /f s/az re rv-2 DATA: /5 rzn ASSESSOR'S MAP BK 504 PG./9 RIVERS/OE COUNTtfIfifZ t+s; t RACQUET CLUB ROAD 0 0 z U c/p �9 z GF VIA OLIV/ERA ASP o Z P9Gp ciz FgLF � o Q ~ 2 J � Q J O O Q LOCATION U VIA ESCUELA S O S 0004 4 PAL/a Sq ° P CITY OF PALM SPRINGS ti PUBLIC WORKS & ENGINEERING VICINITY MAP cq FOP* 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 NOTICE OF PUBLIC HEARING Riverside, State of California, and over File No.R4144145 the age of 18 years. A Portion of Nacan Read NOTICE IS HEREBY GIVEN that the City Council of the 2. 1 am the Office & Production Manager City of Palm Springs,California,will hold a Public Hearing to consider the proposed right-of-way vacation at its meeting of of The Public Record, a newspaper of April 6,2005,The City Council meeting begins at 6:00 P.M.in general circulation printed and published the City Council Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way,Palm Springs,California. In the City-of-Palm-Springs, County of The purpose of the Public Hearing is to consider vacate Riverside State of California. Said The ing a podldn clan existing pabllcTlghrof-wayfor Tuscan Road- r - adjacent to the properties identified by Assessors Parcel Public Record is a newspaper of general Numbers 504-192-012 and 504-192-013, more particularly circulation described and shown on Exhibits"A"end"B",attached hereto as that term Is defined In and made a part hereof,all In Section 3,Township 4 South, he City of Palmiprin9R-04-031;an application made through Government Code section 6000, its status as such having been established If any individual or group challenges the proposed right- of.way vacation action in court,Issues raised may be limited to by judicial decree of the Superior Court only those issues raised 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. County of Riverside in Proceeding No. An equal opportunity will be given for all interested per- sons requesting to be heard at the Public Hearing.Questions Indio 49271, dated March 31, 1987, regarding this proposed righfof-way vacation may be directed to Marcus Fuller,Senior Civil Engineer,Department of Public entered in Judgment Book No. 129, page Works and Engineering,(760)323-3253,ext.B744 355, on March 31, 1987. /s/JAMES THOMPSON 3. The Public Record is a newspaper of City Clerk general circulation ascertained and EXHIBIT' O established in the City of Palm Springs in the County of Riverside, State of California, Case No. RIC 358286, Filed � - --- June 8, 2001. t � I r i YM]Y ML M[A.0.f YM 4. The notice, of which the annexed is a true printed copy was published in the II,� newspaper on the following publication ; dates to wit: March 15, 2005 @yl March 22, 2005 ,I I certify under penalty of perjury that the above is true and correct. YUFSCUl Dated at Palm Springs, California, this CrnOFPA�+� — VAOATO„OF FL8LI WORKS k ENGINEERING 220d day of March, 2005. 9 DEPARWENT RIG4T-Cf-WAY nxm March 15,22,2005 au Reyes ��3 Ice & Produ i Manager NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS File No. R-04-045 A Portion of Tuscan 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 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 Tuscan Road adjacent to the properties identified by Assessor's Parcel Numbers 504-192-012 and 504-192-013, more particularly described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, all in Section 3, Township 4 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. JAMES THOMPSON City Clerk •M4(01 5 EXHIBIT "A" VACATION OF STREET RIGHT—OF—WAY CITY OF PALM SPRINGS, CALIFORNIA ALL THAT PORTION OF TUSCAN ROAD, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY IN BOOK 45, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE EASTERLY RIGHT—OF—WAY OF TUSCAN ROAD, HAVING ,A HALF STREET WIDTH OF 25.00 FEET; THENCE SOUTH 00'22'00" WEST, ALONG SAID EASTERLY RIGHT—OF—WAY, A DISTANCE OF 262.28 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'55'00 AN ARC LENGTH OF 31.74 FEET, TO A POINT OF CUSP, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT—OF—WAY LINE OF VIA ESCUELA, AS SHOWN ON SAID RECORD OF SURVEY, HAVING A NORTHERLY HALF—STREET WIDTH OF 30.00 FEET; THENCE SOUTH 89'27'00" WEST, LEAVING SAID RIGHT—OF—WAY, A DISTANCE OF 45.33 FEET, TO THE CENTERLINE OF SAID TUSCAN ROAD; THENCE NORTH 00'22'00" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 282.60 FEET; THENCE NORTH 89'27'00" EAST, LEAVING SAID CENTERLINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. DEDICATED AREA = 7,154 S.F., MORE OR LESS a E—E• SS/p JOHN H. HACKER, R. .E. 14614 q ti XPIRES 3/31/05 14RY NO. 14614 EXPIRES 3-31-05 A CIVIL q CF CP11F FILE NO.: SHEET NO,: R-04-045 1 1 OF 2 EXHIBIT "B" N 0 R T H �'�t12I8� �"�t12Ia� 1�, = 60' R 5. I R 5. I P.D.B. I (S8927'00'W) "• 25 i •1 (133.00)_ — O7 EASEMENT GRANTED TO CALIFORNIA ELECTRIC POWER COMPANY, REC, ON OCT. 28, 1948 IN BOOK 1022, PAGE 57, O.R. C.L. OF AN AERIAL c-u I PPScd5I�2 I O EASEMENT CALIFORNIA WATER AND TELEPHONE COMPANY, REC. ON MAR. 25, 1960 AS INST, NO. 27013, O.R. Q p a N r(S89W'60'WTQ 1 (n _ (13300') — Z 3 o N N 0 W I � 0 N I QsRSc4S'1, I PPR�p5��2 o I ," z R=20.00' L=31.74' Tan=20.32' I, a90'55'00" )45.33' (112.68') �pFESS/ 58927'00"W � �� 0 1 M ~ �- (S692rOVIA ESCUELA 31300') �• c1wL s cAu of PAL" '° CITY OF PALM SPRINGS ? VACATION OF PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: W.A.P. 1" = 60' R-04-045 CHECKED BY: DWG. NO.. SHEET NO.: J.H.H. 032378RW 2 OF 2 QpAL/W o City of Palm Springs V � N * * Department of Public Works and Engineering ro C RpoRAiED o ' 3200 E.Ta6CI Y uitz Canyon Way " Pabn Springs, California 92262 1 9 * C,q 41FOR �P Tel: (760)323-8253 ° Fax: (760)322-8360 0 Web: www.ci.palm-spungs.ca.us 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-04-045), for the vacation of all that portion of Tuscan Road as shown on Record of Survey, Map Book 45, Page 72 as described In Exhibit "A" and shown in Exhibit "B" (attached), was posted in three (3) locations (as indicated on Exhibit °B"), on kA 0,v c,�\ a 2 2005. A copy of said notice is attached hereto. xj--� David J. Barakian Director of Public Works/City Engineer Department of Public Works & Engineering City of Palm Springs California OG-08 Post Office Box 2743 0 Palm Springs, California 92263-2743 J i EXHIBIT "B° N V 1 XI " �(�l�"l"`�" �bti'S R " R5�12�a� I R��j12�e9 1" = 60' S P.O.B. (S8927'00"W) 25(. (133.00)_ _ — — O EASEMENT GRANTED TO CALIFORNIA ELECTRIC POWER COMPANY, REC. ON OCT. 28, 1948 IN BOOK 1022, PAGE 57, O.R. c� PpR°�5I'2 O CL. OF AN AERIAL EASEMENT RS. CALIFORNIA WATER AND TELEPHONE COMPANY, v d REC. ON MAR. 25, 1960 AS INST. NO. 27013, OR. Q O o N 1 2 U (S89 27 00 W — Cn (133.00) —� m o w p N 0 o I m PpR�E5�2 L R5. 4PpRO45/02 R=20.00' L=31.74' c� 1 Tan=20.32' I, A=90'55'00" )45.3J' S897T00"W �`�''Jl_f7_Y o (S8927'00"W JIJ.00') —� VIA ESCUELA `� " � CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VACATION OF DEPARTMENT RICH T-OF-WAY 0 LEGAL DESCRIPTION: DESIGN BY: SCALE; FILE NO.; W.A.P. 1" = 60' R-04-045 CHECKED BY: DWG. NO,; SHEET NO.; J.H.H. 032378RW 2 OF 2 RESOLUTION NO. 21232 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 TUSCAN ROAD IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-04-045 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 Tuscan 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 portion of the public street named Tuscan Road, 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 Tuscan 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 road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The City Council does hereby find that the subject portion of the public street named Tuscan Road is unnecessary for present or prospective public use. Section 2. Subject to Sections 3 and 4, 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 Tuscan Road, as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 3. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility and sewer 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. Resolution No. 21232 Page 2 Section 4. An access easement shall be prepared, subject to the review and approval of the City Engineer, providing access from Via Escuela to the property identified by Assessor's Parcel Number 504-192-012, also identified as Parcel 3 of that certain Record of Survey recorded in Book 45, Page 72, records of Riverside County. The access easement shall provide unconditional access across the property identified by Assessor's Parcel Number 504-192-013, also identified as Parcel 2 of that certain Record of Survey recorded in Book 45, Page 72, records of Riverside County, to the benefit the owner of the property identified by Assessor's Parcel Number 504-192-012, also identified as Parcel 3 of that certain Record of Survey recorded in Book 45, Page 72, records of Riverside County. Upon approval by the City Engineer, the access easement shall be executed and notarized by the Grantor and accepted by the Grantee, and submitted to the City Engineer for recording with Riverside County following recordation of this Resolution. Section 5. Following direction from the City Engineer, subject to Section 4 hereinabove, the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, and the original, approved and executed access easement required by Section 4 hereinabove, to be recorded in the Office of the County Recorder of Riverside County. ADOPTED this 61h day of April, 2005. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: Member Foat ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager EXHIBIT "A" VACATION OF STREET RIGHT-OF-WAY CITY OF PALM SPRINGS, CALIFORNIA ALL THAT PORTION OF TUSCAN ROAD, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY IN BOOK 45, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF TUSCAN ROAD, HAVING A HALF STREET WIDTH OF 25.00 FEET; THENCE SOUTH 00'22'00" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 262.28 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90155'00", AN ARC LENGTH OF 31.74 FEET, TO A POINT OF CUSP, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF VIA ESCUELA, AS SHOWN ON SAID RECORD OF SURVEY, HAVING A NORTHERLY HALF-STREET WIDTH OF 30.00 FEET; THENCE SOUTH 89'27'00" WEST, LEAVING SAID RIGHT-OF-WAY, A DISTANCE OF 45.33 FEET, TO THE CENTERLINE OF SAID TUSCAN ROAD; THENCE NORTH 00'22'00" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 282.60 FEET; THENCE NORTH 89'27'00" EAST, LEAVING SAID CENTERLINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. DEDICATED AREA = 7,154 S.F., MORE OR LESS o k}. SS/pN JOHN H. HACKER, R. .E. 14614 q --EXPIRES 3/31/05 NRY/y NO. 14614 EXPIRES 3-31-05 CIVIL �Q q/FCF cPllFdfi FILE NO.: SHEET NO.: R-04-045 1 OF 2 EXHIBIT "B" N 0 R T H tp1 1 6� �,D( 6 I 1" = 60' R5 12� I RS 12I rP.O.B.P.o.a. � (58927'00"141) _ i 25�'jIJ7�— (lj3.00) Oi EASEMENT GRANTED TO CALIFORNIA ELECTRIC POWER COMPANY, REC. ON OCT. 28, 1948 IN BOOK 1022, PAGE 57, O.R. c-N I I O2 C.L. OF AN AERIAL EASEMENT GRANTED TO pP5 45I'2 CALIFORNIA WATER AND TELEPHONE COMPANY, REC. ON MAR. 25, 1960 AS INST NO. 27013, O.R. Q O pp N rr 1 2 Q I ' / �—(S89 27 00 W _ cf) (133.00') —� o gN o N � N 5V O O o R S. z R=20.00' L=31.74' c-v I Tan=20.32' 4=9055'00"' )45.33" (112.68'') �OFESS/ S8927'00"W O h h \ — (S89 27'00"W 313.00) IL VIA ESCUELA �" ,pc 's of PALMS° CITY OF PALM SPRINGS VACATION OF ti PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY *cq< Famr DEPARTMENT LEGAL DESCRIPTION: LDESIGN BY: SCALE: FILE NO.: W.A.P. 1" = 60' R-04-045 CHECKED BY: DWG. NO.. SHEET NO.: J.H.H. 032378RW 2 OF 2 RACQUET CLUB ROAD 0 0 z U c/P9so z l9LF VIA OLIVERA 9c 9 oQ � 9ij,0� � U � O 2 O J z¢ LOCATION U VIA ESCUELA ZE 0 Q s PALM °` SP CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VICINITY MAP DEPARTMENT