HomeMy WebLinkAbout1/5/2005 - STAFF REPORTS (23) DATE: January 5, 2005
TO: City Council
FROM: Director of Public Works/City Engineer
RESOLUTION OF NECESSITY TO ACQUIRE PERMANENT EASEMENTS FOR
PARCEL MAP 30292
RECOMMENDATION:
It is recommended that the City Council, following testimony considered at the Public
Hearing, make the necessary findings to declare that the public interest and necessity
require acquisition of permanent easement interests in a portion of the property known
as 1700 Araby Drive, Palm Springs, California, Parcel Map No. 30292.
SUMMARY:
The City of Palm Springs has directed staff to attempt to acquire permanent easement
interest in a portion of the property known as 1700 Araby Drive, Palm Springs,
California, Parcel Map No. 30292 ("Property'). Negotiations for acquisition have been
undertaken with the property owners and a purchase offer based on an appraisal has
been made. City staff is recommending the use of eminent domain to acquire the
permanent easement interests in a portion of the Property. The acquisition process by
eminent domain begins with the formal adoption by the City Council of a Resolution of
Necessity.
BACKGROUND:
On March 9, 2004, Northwoods-Palm Springs, LLC, a California Limited Liability
Company, granted the City its leasehold interest for easements in the Property as
follows: an easement for bicycle path purposes and bicycle uses, including public
ingress and egress in the use of the City's master planned bike paths over and across
the real property described in Exhibit A and depicted in Exhibit B (hereinafter "Bike Path
Easement"); an easement for bus shelter and accessory uses, including pedestrian
access, over and across the real property described in Exhibit C, and depicted in Exhibit
D (hereinafter "Bus Shelter Easement"); and an easement for sidewalk and pedestrian
access purposes, over and across the real property described in Exhibit E and depicted
in Exhibit F (hereinafter "Pedestrian Easement") (collectively "Subject Property"). The
leasehold interest easements in the Subject Property were accepted by the City on April
16, 2004.
The City then obtained an appraisal from a state certified appraiser to provide an opinion
as to the fair market value of acquiring permanent easements in the Subject Property for
the Bike Path Easement, Bus Shelter Easement and Pedestrian Easement. On
November 19, 2004, the City made an offer, as required by Government Code
§7267.2(a), to acquire permanent easements from the Owners in the Subject Property
for the Bike Path Easement, Bus Easement and Pedestrian Easement, attached as
Exhibit G. To date, the Owners have not accepted the City's offer to acquire the
permanent easements.
On December 17, 2004, the City mailed to the owners a formal Notice, indicating the
City's intent to adopt a Resolution of Necessity at the January 5, 2005, City Council
meeting, attached as Exhibit H. At this time, the City is requesting to commence the
eminent domain process, for which the City is required to formally adopt a Resolution of
Resolution of Necessity to Acquire Permanent Easements for Parcel Map 30292
January 5, 2005
Page 2
Necessity. The City has not been able to negotiate a settlement and significant land
value conflicts remain. While negotiations will continue, staff is recommending
beginning the eminent domain process to acquire the portions of the property necessary
for the Project.
Resolution of Necessity:
The Public Hearing is being conducted to determine whether the City should proceed
with an eminent domain action to acquire the Subject Property and to establish if the
following five basic criteria are met:
1. The public interest and necessity require the project.
2. The project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the project.
4. An offer meeting the requirements of Section 7267.2 of the Government Code has
been made to the owners of record.
5. Whether all other prerequisites for the exercise of eminent domain to acquire the
property have been met.
Analysis:
The public interest, convenience and necessity require the acquisition by the City of the
Bike Path Easement, Bus Shelter Easement and Pedestrian Easement for the Project.
Specifically, the public interest and necessity require the Project because: the Bike Path
Easement is necessary to permanently increase the safety of bicyclist and motor traffic
by removing bicycle traffic from City streets, relieve congestion related to bicycle traffic,
and as part of the City's master plan for bicycle paths; the Bus Shelter Easement is
necessary to permanently provide pedestrian access to buses, to increase the safety of
pedestrians waiting for buses, to provide centralized location for the movement of
pedestrians to and from buses, and to provide shelter to pedestrians waiting for buses;
and the Pedestrian Easement is necessary to permanently increase the safety of
pedestrians by providing sidewalks and.access for the safe movement of pedestrians.
The Project is planned in a manner which will be the most compatible with the greatest
public good and the least private injury, in that the Project is located in areas where the
City has already obtained the leasehold easement interests for the Bike Path Easement,
Bus Shelter Easement and Pedestrian Easement, the improvements for the Bike Path
Easement, Bus Shelter Easement and Pedestrian Easement have already been
constructed, the Bike Path Easement, Bus Shelter Easement and Pedestrian Easement
are located in areas that will have the least impact on the owners of the Property while
providing necessary public improvements for the public at the Property. The acquisition
only includes that amount of land and interests necessary for the Project.
The acquisition of permanent easements for the Bike Path Easement, Bus Shelter
Easement and Pedestrian Easement is necessary. The acquisition of permanent
easements as described above is necessary because the improvements and easements
cannot be made permanent without the acquisition of the interests from the Owners.
e
Acquisition of the Property is expressly authorized by Section 19 of Article 1 of th 4
\� 1
Resolution of Necessity to Acquire Permanent Easements for Parcel Map 30292
January 5, 2005
Page 3
California Constitution, Section 1240.010 through 1240.050 of the California Code of
Civil Procedure, and Government Code §§ 37350, 37350.5, 37353, and 40404.
The offer required by Government Code § 7267.2 has been made to the owner of the
Property and a copy of the offer letter is attached hereto and incorporated by this
reference. The City has pursued negotiations with the owners of the Property; however,
said negotiations have been unsuccessful.
The Project has been reviewed for compliance with the California Environmental Quality
Act as part of the Friend Development Palm Springs, LLC, application for a conditional
use permit and architectural approval for development of a 104-unit apartment project on
a 4.97 net acre parcel located at the southeast corner of East Palm Canyon Drive and
Araby Drive, Case No. 5.0843 ("Friend Project"), Specifically, at the conclusion of the
public hearing on December 13, 2000, the Planning Commission recommended
approval of the project 5-0 (2 absent), subject to the conditions contained in Resolution
No. 4725. In Resolution 4725, the Planning Commission determined that the Friend
Project, which contained conditions related to providing the Bike Path Easement, Bus
Shelter Easement, and Pedestrian Easement, was categorically exempt from
environmental assessment pursuant to Section 15332 of the California Environmental
Quality Act.
An appeal of the Planning Commission's approval of Case No. 5.0843 was filed in a
timely manner with the City Clerk's office by Scott Kennedy on behalf of Joe V. Kennedy
and Arnold Becker appealing, among other things, the determination that the Friend
Project was exempt from compliance with the California Environmental Quality Act. A
notice of public hearing of the City Council of the City of Palm Springs to consider the
appeal to the Planning Commission's approval of Case No. 5.0843 was given in
accordance with applicable law.
On January 17, 2001, a public hearing on the appeal to the decision of the Planning
Commission's approval of Case No. 5.0843 was held by the City Council in accordance
with applicable law. On February 14, 2001, the City Council of the City of Palm Springs
denied the appeal and adopted Resolution No. 19992, attached as Exhibit I, finding and
determining, among other things, that the Friend Project, including the Bike Path
Easement, Bus Shelter Easement, and Pedestrian Easement, was categorically exempt
from environmental assessment pursuant to Section 15332 of the California
Environmental Quality Act. Because the Project was previously determined to be
exempt from compliance with the California Environmental Quality Act, all requirements
and obligations imposed by the California Environmental Quality Act have been met for
the Project.
In any event, no environmental analysis for the Project is required because the Project is
not an activity subject to the California Environmental Quality Act. Specifically, the
improvements on the Subject Property were constructed over 181 days prior to this
hearing on this Resolution of Necessity and the acquisition of permanent easements in
the Subject Property will not result in a direct or reasonably foreseeable indirect change
to the physical environment. Hence, the Project is not a project as defined by Public
Resources Code § 21605 and 14 California Code of Regulations § 15378. (See, 14
California Code of Regulations § 15060(c)(2).) Additionally, even if the Project were
deemed a Project for purposes of the California Environmental Quality Act, the Project
would be exempt from compliance with the California Environmental Quality Act
pursuant to 14 California Code of Regulations § 15061(b)(3) because there is no w
Resolution of Necessity to Acquire Permanent Easements for Parcel Map 30292
January 5,2005
Page 4
possibility that the acquisition of permanent easements in the Subject Property may
have a significant impact on the environment.
The Project is consistent with the general plan and all prerequisites to adopting a
Resolution of Necessity and for commencing an eminent domain action to acquire the
Property for the Project have been met.
SUBMITTED:
i7
' 61-
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager
ATTACHMENTS:
Exhibit A Legal Description of Bike Path Easement
Exhibit B Plat Map for Bike Path Easement
Exhibit C Legal Description of Bus Shelter Easement
Exhibit D Plat Map for Bus Shelter Easement
Exhibit E Legal Description for Pedestrian Easement
Exhibit F Plat Map for Pedestrian Easement
Exhibit G Offer Letter, Offer to Acquire Interest in Real Property, Summary Appraisal
Exhibit H Notice of Intent to Adopt Resolution of Necessity
Exhibit I Resolution No. 19992 and Conditions of Approval
EXHIBIT A
SECTION 25,T.4S., R.4E.,S.B.M.
BIKE PATH EASEMENT
THOSE PORTIONS OF,LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO
BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 862
OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM
SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00009'18" WEST, 45.05 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 37039'12" WEST; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, AND SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET TO
THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00-09-18" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49"AND AN ARC DISTANCE OF 42.21 FEET TO
THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF145.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 139.04 FEET TO THE
-BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1454,50
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34°03'55" EAST; THENCE PARALLEL TO AND
1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER
RESOLUTION 20356,THE FOLLOWING TWO (2)COURSES:
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE
OF 436.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38143'05" EAST, 518.24 FEET TO A POINT
ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 51016'55" WEST, 6.50 FEET TO THE SOUTHEAST
CORNER OF LOT 43 AS SHOWN BY SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHERLY LINE OF
SAID LOT 43, NORTH 89°46'12" WEST, 91.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH
18"40'04" WEST, 1.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 36.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04"
EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110003'01" AND
AN ARC DISTANCE OF 67.23 FEET; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE
NORTHEASTERLY LINE OF SAID LOTS 43 AND 42, THE FOLLOWING TWO (2)COURSES:
NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
17011'23" AND AN ARC DISTANCE OF 427.37 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH
34103'55" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC
DISTANCE OF 110.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20°52'31" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49" AND AN ARC
DISTANCE OF 53.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND
SHEET 1 OF 2 SHEETS W;Vobs2002\PALM SPRINGSINORTHWOODSVv1APPINGIESMT-BIKEIEXH-A.boc
HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00009'18" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54" AND AN ARC
DISTANCE OF 16.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID
WESTERLY LINE, NORTH 00°09'18" EAST, 40.33 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.81 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND
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21'01'49" 115.00' 42.21 54'56'26" 145.00' 139.04'
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EXHIBIT C
SECTION 25,TAS., RAE., S.B.M.
BUS SHELTER EASEMENT
THAT PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN
DIEGO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM
CANYON DRIVE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS
OF 1448.00 FEET, A'RADIAL LINE THROUGH SAID POINT BEARS NORTH 27016'17" EAST; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 2012'38" AND AN ARC DISTANCE OF 55.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 1013'36" AND AN ARC DISTANCE OF 31.00 FEET; THENCE LEAVING SAID NORTHERLY
LINE, SOUTH 30005'43" WEST, 11.52 FEET; THENCE NORTH 59054'17" WEST, 31.00 FEET; THENCE NORTH
31005'43" EAST, 11,52 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.01 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND
MY DIRECTION, BASED ON RECORD INFORMATION. 5v SCR
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U No.7070
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LEGEND
— — EXISTING CENTERLINE
— — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED
— VACATED RIGHT OF WAY y�o SGk BY ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORMATION.
11J BUS SHELTER EASEMENT
/,I � PHILLIP K.FOMOTOR
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EXHIBIT 5
SECTION 25, T.4S., R.4E., S.B.M.
PEDESTRIAN EASEMENT
THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO
BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 662
OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM
SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00009'18" WEST, 85.38 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 37020'36" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET; THENCE SOUTH 89050'42" EAST, 24.17 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
147.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09018'26" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11034'05"AND AN ARC DISTANCE
OF 29.68 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 2O052'31" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0057'01" AND AN ARC DISTANCE
OF 1.87 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 60055'47"
WEST; THENCE SOUTHERLY, EASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 267020'20" AND AN ARC DISTANCE OF 67.66 FEET TO A POINT OF INTERSECTION
WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEARS NORTH 09016'24" WEST; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20016'54"AND AN ARC DISTANCE OF 40.00 FEET; THENCE NON-TANGENT
TO SAID CURVE, NORTH 86°00'3W EAST, 6.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 14021'46" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19042'10" AND AN ARC DISTANCE OF 39.65 FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE PARALLEL TO AND 23.50 FEET
SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF
SURVEY, THE FOLLOWING TWO (2)COURSES:
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011'23"AND AN ARC DISTANCE
OF 427.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38043'05" EAST, 426.11 FEET TO THE ,
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48024'55" AND AN ARC
DISTANCE OF 29,58 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 51016'55" EAST, 41.77 FEET;
THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT
OF WAY VACATION PER RESOLUTION 20356, SOUTH 38043'05" EAST, 5.00 FEET; THENCE SOUTH 51016'55"
WEST, 49.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 65044'24" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47004,201, AND AN ARC
DISTANCE OF 28.75
FEET; THENCE NORTH 18-40'04' FEET TO THE
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 0.0 FEET, A RADIAL BEGINNONG F
THROUGH
SAID POINT BEARS SOUTH 18040'04" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
SHEET 1 OF 2 SHEETS W:Uobs2002TALM SPRINGSWORTHWOODS\MAPPINGIESMT-PEDESTRIEXH-A.Dw..
CENTRAL ANGLE OF 110003'01" AND AN ARC DISTANCE OF 57.62 FEET; THENCE PARALLEL TO AND 28.50
FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD
OF SURVEY,THE FOLLOWING TWO(2)COURSES:
NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1419.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 51016'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1701 T23"AND AN ARC DISTANCE OF 425.87 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 34003'55" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19016,491, AND AN ARC
DISTANCE OF 37.02 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 61010'07" WEST 13.59 FEET;
THENCE NORTH 22002'06" WEST, 7.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 108.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH
07000'03" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11024'22"AND
AN ARC DISTANCE OF 21.50 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 64011'08" EAST; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 203044'68" AND AN ARC DISTANCE OF 69.34 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
152.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18008'24" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8059'25" AND AN ARC DISTANCE
OF 23.85 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89°50'42" WEST, 24.58 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4903245" AND AN ARC
DISTANCE OF 17.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID
WESTERLY LINE, NORTH 00009'18" EAST, 6.86 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.14 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY LAND
ME OR UNDER MY DIRECTION, eti° SCR
BASED ON RECORD INFORMATION.
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EXHIBIT SHEET 1 OF 4. SHEETS
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EXISTING CENTERLINE
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———————— VACATED RIGHT OF WAY
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EXISTING LOT NUMBER
7.50' RIGHT OF WAY VACATION .BY CITY LANO THIS DOCUMENT WAS PREPARED
Al OF PALM SPRINGS PER RESOLUTION y�o SGR BY ME OR UNDER MY DIRECTION,INSTRUMENT
RECORDED 0 2 35961 AS a}' BASED ON RECORD INFORMATION.INSTRUMENT N0. 2002-359614. .� `��
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CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH
Cl 37'29'54" 25.00' 16,36' L1 N86'00'30"E 6,97'
C2 11'34'05" 147,00' 29,68' L2 N61'10'07"E 13.59'
C3 0'57'01" 113,00' 1.87' L3 N22'02'06"W 7.97'
C4 267'20'20" 14,50' 67.66'
C5 20'16'54" 113.00' 40M` LAND THIS DOCUMENT WAS PREPARED
C6 11'24'22" 008,00' 21.50' yea SGR� BY ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORMATION.
C7 203456" 99.50' 69,34' G �`
SCALE 1"=20' C8 8'S9125" 152,00' 23,85' v PHILLIP K.FOMOTOR
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BY ME OR UNDER DIRECTION
BASED ON RECORDAINFORMATION.
v /1
PHILLIP K.FOMOTOP
No.7070
SEE SHEET 1 FOR LEGEND EXP.123109,
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SEE SHEET 1 FOR LEGEND
LAND THIS DOCUMENT WAS PREPARED CURVE TABLE
y�o SG BY ME OR UNDER MY DIRECTION, CURVE DELTA I RADIUS I LENGTH
BASED ON RECORD INFORMATION,
CI 482455" 35,00' 29.58'
PHILLIP K.FOMOTOR C2 47'04'20" 35,W 1 28,75'
No.7070 C3 110'03'01" 1 30.00' 57.62'
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V� 2D02WALX "SPRRIGS\W2THVOO�SVW+PIHG�Eswr-aFrt�cm�cvuaa_�,,.,, u,.y„� a�,.., ..,
. ALESHIRE & 18881 Von Karman Ave.
WYNDER, LLP suite 400
ATTORNEYS AT LAW Irvine, CA92612
www.awatrorncys.com Phone 949.223.1170
Fax 949.223.1180
November 19, 2004
SENDER'S E-MAIL;
AIIARP@AWATTORNEYS.COM
John Kim Munholland Property Owner
1225 La Salle Ave.,No. 2208 1700 Araby Drive
Minneapolis, MN 55403 Palm Springs, California 92264C
Joel Napalan
Farmers &Merchants Trust Company
302 Pine Avenue
Long Beach, CA 90802
Re: Offer to Acquire Permanent Easements in the Real Property Located at or
about 1700 Araby Drive Palm Springs California
To Whom It May Concern:
The City of Palm Springs (hereinafter"City")has determined that John Kim Munholland,
either individually or as trustee under the last will and testament of Dorothy C. Munholland, and
Farmers and Merchants Trust Company of Long Beach, as trustee of the Munholland Trust B or
as successor trustee to Betty J. Munholland of the Munholland Trust under declaration of trust
dated July 15, 1972, and unknown other owners, are the owners of the real property located at or
about 1700 Araby Drive, Palm Springs, Riverside County, California, ("Subject Property"). This
letter and enclosed documents are being sent to you in compliance with California Government
Code § 7267.2.
The City is considering acquiring permanent easements in a portion of the Subject
Property as follows: a bike path easement in the real property described in Exhibit A and
depicted in Exhibit B (hereinafter "Bike Path Easement"), a bus shelter easement in the real
property described in Exhibit C, and depicted in Exhibit D (hereinafter "Bus Shelter Easement"),
and a pedestrian/sidewalk easement in the real property described in Exhibit E and depicted in
Exhibit F (hereinafter "Pedestrian Easement") for a public improvement project ("Project").
Hereinafter, the Bike Path Easement, Bus Shelter Easement and Pedestrian Easement shall be
collectively referred to as the (Permanent Easements"). The City may in the future determine,
at a noticed public hearing at which you will have an opportunity to appear and be heard, that the
Permanent Easements in the Subject Property are necessary for the Project.
This letter and the enclosed documents collectively constitute an offer by the City to
acquire the Permanent Easements in the Subject Property and also collectively constitute a
statement of the basis for the City's determination of just compensation. The documents
contained in this packet are as follows: a+).
01003/0017/36043.01
John Kim Munholland
Joel Napalan
Property Owner
November 19, 2004
Page 2
1. City's Offer to Acquire a Permanent Easements in Real Property; and,
2. Summary Appraisal Statement.
The City has obtained and approved an appraisal for the acquisition of the Permanent
Easements in the Subject Property. Based on this appraisal,the City has established an amount it
believes represents the full amount of just compensation for acquisition of the Permanent
Easements in the Subject Property. The amount of just compensation is not lower than the
appraised fair market value for the acquisition of the Permanent Easements in the Subject
Property. In compliance with California law, the appraised value disregards any increase or
decrease in the fair market value of the property to be acquired that occurred prior to the date of
valuation that was caused by the public improvement for which the property may be acquired, or
by the likelihood that the property may be acquired for the improvement, other than a decrease
due to physical deterioration of the property within the reasonable control of the property owners
or any occupant. Also in compliance with California law, the appraised value does not reflect
consideration of, or make allowance for, any relocation assistance payments, any payments for
loss of goodwill or other benefits under California Government Code § 7262, et seq. or
California Code of Regulations § 6100, et seq.
To satisfy the goal of making a reasonable effort to acquire this property through
negotiation, the City hereby offers to acquire the Permanent Easements in the Subject Property
under the terns and conditions stated in the Offer to Acquire Permanent Easements in Real
Property form enclosed with this letter. Acceptance of the offer shall be indicated by your
notifying attorney Aaron C. Harp in writing that you accept this offer.
YOU ARE HEREBY GIVEN NOTICE THAT:
The City's offer to acquire the Permanent Easements in the Subject Property as
collectively constituted by this letter and enclosures is subject to approval by the City of
Palm Springs City Council;
The City's offer to acquire the Permanent Easements in the Subject Property as
collectively constituted by this letter and enclosures shall expire on the fifteenth (15th) day
after its mailing; and
You are not obligated to accept the City's offer to acquire the Permanent Easements
in the Subject Property as collectively constituted by this letter and enclosures. If you
reject this offer or this offer expires and the City determines to acquire the Permanent
01003/0017/36043.01
i
John Kim Munliolland
Joel Napalan
Property Owner
November 19, 2004
Page 3
Easements in the Subject Property by eminent domain, you will be entitled to have the
amount of just compensation determined by a court of law in accordance with the laws of
the State of California.
The City will make itself available, through Aaron C. Harp, of the City of Palm Springs'
Attorney's Office, to meet with you to explain the offer or commence further negotiations
concerning the desired acquisitions. Mr. Harp can be reached at(949) 223-1170.
Very truly yours,
ALESHIRE & WYNDER, LLP
aron C. Harp
ACH A
Enclosures
cc: Marcus Fuller, City of Palm Springs
Daniel T. Johnson, Schlecht, Shevlin& Shoenberger,ALC
01003/0017/36043.01
COPY
CITY OF PALM SPRINGS
OFFER TO ACQUIRE PERMANENT EASEMENTS IN REAL PROPERTY
In compliance with Government Code § 7267.2, the City of Palm Springs hereby
offers to acquire permanent easements in a portion of the real property located at or about
1700 Araby Drive, Palm Springs, Riverside County, California, as follows: a bike path
easement in the real property described in Exhibit A and depicted in Exhibit B
(hereinafter "Bike Path Easement"), a bus shelter easement in the real property described
in Exhibit C, and depicted in Exhibit D (hereinafter "Bus Shelter Easement"), and a
pedestrian/sidewalk easement in the real property described in Exhibit E and depicted in
Exhibit F (hereinafter "Pedestrian Easement"). Hereinafter, the Bike Path Easement, Bus
Shelter Easement and Pedestrian Easement shall be collectively referred to as the
(Permanent Easements").
The total amount of just compensation of the acquisition of the permanent
easements is Ten Thousand Eight Hundred Fifty-Four Dollars and No Cents
($10,854.00).
The City, of Palm Springs, has obtained and approved an appraisal of the
Permanent Easements. Based on this appraisal, the City of Palm Springs has established
an amomrt it believes represents the full amount of just compensation for acquisition of
the Permanent Easements. The amount of just compensation is not lower than the
appraised fair market value of the Permanent Easements. In compliance with California
law, the appraised value disregards any increase or decrease in the fair market value of
the Permanent Easements that occurred prior to the date of valuation that was caused by
the public improvement for which the Permanent Easements may be acquired, other than
a decrease due to physical deterioration of the property within the reasonable control of
the property owners or any occupant. Also in compliance with California law, the
appraised value does not reflect consideration of, or make allowance for, any relocation
assistance payments, any payments for loss of goodwill or other benefits under California
Government Code § 7262, et seq. or California Code of Regulations § 6100, et seq.
If this offer is accepted, and the City of Palm Springs City Council ratifies the
offer,then you agree to comply with the following conditions:
1. Within thirty (30) days of ratification of.this offer by the Palm Springs
City Council, the City of Palm Springs will open an escrow with a title
company of its choice, and shall deposit the amount of just compensation
into the escrow account. The owner shall execute and deposit into escrow
any docutnents required to transfer the Permanent Easements to the City
of Pahn Springs free and clear of all liens and encumbrances to which the
City of Palm Springs has taken exception.
2. The City of Palm Springs may make payment by warrant or other good
and sufficient funds at the City of Palm Springs' sole discretion.
3. Payment by the City of Palm Springs is subject to the City of Palm
Springs obtaining an approved CLTA Policy of Title Insurance.
35074
-1-
r
4. All escrow and title costs and fees will be paid by the City of Palm
Springs.
5. The City of Palm Springs shall have immediate right of entry and
possession upon close of escrow unless an earlier date for the right of
entry and possession is agreed to by the seller.
This offer is conditioned upon approval by the City of Palm Springs City Council.
This offer shall expire on the fifteenth (15th) day after the date upon which the offer
was mailed.
Dated: ( ( - 112004
By: c 14
Aaron C. Harp, Esq.
For the City of Palm Springs
35074 ��
COPY
SUMMARY BASIS OF APPRAISAL
RE: VILLA DEL SOL APARTMENTS, PALM SPRINGS, CALIFORNIA
This summary basis of appraisal is made pursuant to the requirements of
California Government Code Section 7267.2 and is a summary of the basis for the
amount which has been established as just compensation for the easement interest in real
property described below.
1. DESCRIPTION OF THE PROPERTY TO BE ACQUIRED
The easement interests in real property to be acquired are part of a larger parcel
known as the Villa Del Sol Apartments, located at 1700 Araby Drive, Palm Springs,
California. The property may also be identified by Assessor's Parcels 510/060/1-24 and
510/080/1-19. The property is currently improved with a 104-unit apartment project on a
site with an approximate area of 5.127 acres.
The entire 5.127 acre site is subject to a ground lease with a remaining term of
approximately 54 years and 9 months. The larger parcel is considered to be the leased
fee interest in the 5.127 acre site. '
The areas to be acquired consist of a 0.81 acre (35,284 square feet) bike bath
easement, a 0.01 acre (357 square feet) bus shelter easement, and a 0.14 acre (5,893
square feet) pedestrian easement. The legal descriptions of the three areas to be acquired
are set forth in Exhibit "A" which is attached hereto. Right-of-way maps are attached as
Exhibit `B." The easement acquisitions are from the leased fee interest in the property.
2. PROJECT DESCRIPTION
The three acquisitions, which consist of three permanent easements, were
conditions of approval for the construction of the Villa Del Sol Apartments.
3. DATE OF VALUATION
The date of valuation of this Summary Basis of Appraisal is September 4, 2004.
4. FAIR N RI ET VALUE
The measure of just compensation to be paid for the property to be acquired is
"fair market value" which is defined as the highest price on the date of valuation that
would be agreed to by a seller who is willing to sell but under no necessity or obligation
to do so and by a buyer who is ready, willing, and able to buy but under no particular
necessity for doing so, each dealing with the other with full knowledge of all the uses and
purposes for which the property is reasonably adaptable and available.
1
The fair market value of property taken for which there is no relevant, comparable
market is its value on the date of valuation as determined by any method of valuation that
is just and equitable.
5. APPLICABLE ZONING OF THE PROPERTY
The current zoning of the property sought to be acquired is R-3 (Multiple-Family
Residential and Hotel Zone) with an R(Resort) overlay. The General Plan designation is
H-43/21 .(High Density Residential).
6. HIGHEST & BEST USE
"Highest and best use" is the reasonably probable and legal use of land which is
legally permissible, physically possible, and. financial feasible and results in the highest
value. The highest and best use of the subject site, as if vacant, is for multi-family
residential development. The highest and best use of the subject site will be unchanged
after the acquisitions.
7. METHODS OF DETERMINING FAIR MARKET VALUE
The value of the leased fee interest in the property involves present value
calculations of the lease payments due under the ground lease, plus the present value of
the reversionary value of the property at the termination of the lease. The opinion of
current land value has been based on the Sales Comparison Approach. Since the
appraisal involves an analysis of the leased fee interest in the property, the current land
value will only be utilized in the valuation of the reversionary interest in the property.
The principal transactions supporting this summary basis of appraisal are attached
as Exhibit "C."
8. COMPENSATION FOR PROPERTY TO BE TAKEN
Valuation of Larger Parcel (Leased Fee Interest)
Present Value of Rental Income Under the terms of the lease, the rental income will be
$625 per month, or $7,500 per year for the remaining term of the lease (54 years, 9 months). A
discount rate of 5%per year has been utilized in the present value calculation that follows:
$7,500 x 18.7888 =$140,916
Present Value of Reversion. Current land value has been estimated at $1,563,000. Using
the current land value as the reversionary value and a "safe" discount rate of 5% results in the
following present value of the reversionary interest in the property:
$1,563,000 x 0.0691 =$108,003
Total Value of Larger Parcel ($140,916 + $108,003) $248 919
Rounded $249,000 ($1.11 per sq. ft.)
2
Valuation of Areas to be Acquired
Bike Path Easement 35,284 x $1.11 x 0.10=$3,917
Bus Shelter Easement 357 x $1.11 =$ 396
Pedestrian Easement 5,893 x $1.11
Total Value of Acquisition Areas $10,854
It should be noted that the bike path easement is over an area that is already encumbered
with an easement that provides access to the adjoining property.
9. COMPENSATION FOR IMPROVEMENTS
It has been assumed that any fencing or landscaping that was damaged during the
construction period has been repaired and/or replaced.
10. COMPENSATION FOR DAMAGES TO THE REMAINDER
None. The acquisitions and construction of the project improvements will not result in
any severance damages.
11. TOTAL JUST COMPENSATION FOR THE AREAS TO BE ACQUIRED
The just compensation for the real property sought to be acquired is $10,854_ which
consists of the following:
Compensation for the Property to be Acquired $ 10,854
Compensation for Improvements Included
Compensation for Injury to the Remainder None
Total Compensation $ 10,854
DATE: November 16, 2004
APPRAISER:
es Brabant,
3
I
b
NOTICE OF HEARING REGARDING TIM INTENT OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS TO
CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN
John Kim Munholland Property Owner
1225 La Salle Ave.,No.2208 1700 Araby Drive
Minneapolis,MN 55403 Palm Springs,California 92264
Joel Napalan
Farmers&Merchants Trust Company
302 Pine Avenue
Long Beach, CA 90802
Re: Right To Appear And Be Heard Concerning The Intent Of The City
Council Of The City Of Palm Springs To Consider Adoption Of A
Resolution Of Necessity To Acquire Property By Eminent Domain.
[California Code of Civil Procedure 1245.2351
To Whom It May Concern:
1. The City of Palm Springs (hereinafter "City") has determined that John
Kim Munholland, either individually or as trustee under the last will and testament of
Dorothy C.Munholland, and Farmers and Merchants Trust Company of Long Beach, as
trustee of the Munholland Trust B. or as successor trustee to Betty J. Munholland of the
Munholland Trust under declaration of trust dated July 15, 1972, and unlmown other
owners, are the owners of the real property located at or about 1700 Araby Drive, Palm
Springs,Riverside County,California,("Subject Property").
2. The City is.sending you this notice because the City Council at a public
hearing set for January 5, 2005, intends to consider whether a Resoluton of Necessity
should be adopted,as required by California Code of Civil Procedure § 1245,220 for the
commencement of an eminent domain proceeding to acquire permanent easements in a
portion of the Subject Property as follows: a bike path easement in the real property
described in Exhibit A and depicted in Exhibit B (hereinafter "Bike Path Easement"), a
bus shelter easement in the real property described in Exhibit C, and depicted in Exhibit
D (hereinafter "Bus Shelter Easement"), and a pedesWan/sidewalk easement in the real
property described in Tiit—E and—depicte -in Exlubrt F(hereinafter"Pedestrian
Easement") for a public improvement project ("Project"). Hereinafter, the Bike Path
Easement, Bus Shelter Easement and Pedestrian Easement shall be collectively referred
to as the ("Permanent Easements"), The City is authorized to acquire the permanent
easements in portion of the Subject Property by eminent domain for this proposed Project
pursuant, to the State Constitution, Code of Civil Procedure §§ 1230,010 of seq., and
Government Code §§ 37350, 37350,5,37353,and 40404,
30470
„l.
3. The date,time,and location of this public hearing are as follows:
DATE: January 5,2005
TIMi': 7:00 p.m. (or as soon thereafter as the matter
may be heard).
LOCATION City Council Chambers
Palm Springs City Hall
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
4• You have a right to appear and he heard before City Council at the above,
scheduled heating on the following matters and issues, and to have the City Council give
judicious consideration to your testimony prior to deciding whether or not to adopt the
proposed Resolution of Necessity:
a Whether the public interest and necessity require the proposed project;
b. Whether the proposed project is planned or located in the manner that will
be most compatible with the greatest public good and the least private
injury;
C. Whether the property sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed
project;
d. Whether the offer required by Govt. Code § 7267.2(a), together with the
accompanying statement and summary of the basis for the amount
established as just compensation, was actually made to you and whether
said offer and statement/summary were in a form and contained all of the
factual information required by Govt..Code§ 7267,2(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the
"right to take") to acquire the property described herein, as well as any
other matter regarding the right to take said property by eminent domain;
£ Whether the City has statutory authority to acquire the property by
eminent domain;and
g. Whether City has fully complied with the California Environmental
Quality Act for the proposed project.
30470
-2-
Q
A copy of the proposed Resolution of Necessity will be available, upon your
request, for inspection at the office of the Clerk of the City of Palm Springs at 3200 E.
Tahquitz Canyon Way, Palm Springs, CA 92262, seven (7) days after this Notice was
mailed and prior to the hearing at the place of the hearing.
5. YOU ARE ALSO NOTIFIED THAT your failure to file a Written
Request to Be Heard"within fifteen (15)days after the notice was mailed will result
in waiver of the right to appear and be heard. If you desire to be heard, please be
advised that you must file a written request with the City Clerk for the City of Palm
Springs within fifteen(15) days after this Notice was mailed. You must file your request
to be heard at:
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
Should you elect to mail your request to the City Clerk, it must be actually
received by the clerk for filing within fifteen(15)days after this Notice was mailed.
The date of mailing appears at the end of this Notice
California Code of Civil Procedure§1245.235(b)(3)provides that"failure to
files written request to appear and be heard within fifteen(15)days after the Notice
was mailed will result in waiver of the right to appear and be heard" on the above
matters and issues which are the subject of the hearing. If you elect not to appear
and not to be heard, your failure to appear will be a waiver of your right to later
challenge the right of the City to take the property by eminent domain.
The amount of the compensation to be paid for the acquisition of the
property is not a matter or issue,being heard by the City at this time. Your
nonappearance at the hearing will not prevent you from claiming greater
compensation,in and as determined by a court of law in accordance with the laws of
the State of California. This notice is not intended to foreclose future negotiations
between you and the representatives of the City on the amount of compensation to
be paid for you're the interests in the Subject Property.
If the City.Council elects to adopt the Resolution of Necessity then,_within_six
months of the adoption of the Resolution, the City will commence eminent
domain proceedings in Superior Court. In that proceeding,the Court will determine the
amount of compensation to which you are entitled.
Dated and mailed on December 17,2004.
4
13y: G
Aaro�Catp,
Special Counsel for the City of Palm Springs
Z0470 3_
" f�
RESOLUTION NO. 19992
' OF THE CITY COUNCIL OF THE CITYOF PALM SPRINGS,CALIFORNIA,
DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF CASE NO.5,0843,AN APPLICATION BY
FRIEND DEVELOPMENT PALM SPRINGS LLC FORA CONDITIONAL USE
PERMITAND ARCHITECTURAL APPROVAL FOR DEVELOPMENT OF A
104-UNIT APARTMENT PROJECT ON A VACANT 4.97 NET ACRE
PARCEL LOCATED AT THE SOUTHEAST CORNER OF EAST PALM
CANYON DRIVE AND ARABY DRIVE, R-3 ZONE, SECTION 25,
WHEREAS,Friend Development Palm Springs LLC(the"Applicant")has filed an application
with the City pursuant to Sections 94.25.00 and 94.04.00 of the Zoning Ordinance for the
developmentofatwo-story, 104-unit apartment project on a4.97 netacre parcel located at
the southeast corner of East Palm Canyon Drive and Araby Drive, R-3 Zone, Section 25;
and
WHEREAS, a notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for Case No.5.0843 was given in accordance
With applicable law; and
WHEREAS,on November22,2000 and continued to December 13,2000,a public hearing
on the application forCase No.5.0843 was held bythe Planning Commission in accordance
with applicable law; and
WHEREAS, at the conclusion of its public hearing on December 13, 2000, the Planning
Commission recommended approval of the project 5-0(2 absent),subject to the conditions
contained in Resolution No. 4725; and
WHEREAS,an appeal of the Planning Commission's approval of Case No.5.0843was filed
in a timely mannerwith the City Clerk's office by Scott Kennedy on behalf of Joe V.Kennedy
and Arnold Becker(the"Appellant"); and
WHEREAS, a notice of a public hearing of the City Council of the City of Palm Springs to
considerthe appeal to the Planning Commission's approval of Case No.5.0843 was given
in accordance with applicable law; and
WHEREAS, on January 17, 2001, a public hearing on the appeal to the decision of the
Planning Commission's approval of Case No. 5.0843 was held by the City Council in
accordance with applicable law; and
WHEREAS,atthe conclusion of its public hearing on January 17,2001,the City Council of
the City of Palm Springs directed staff to prepare a Resolution of Denial for consideration .
of the City Council at their meeting of February 7, 2001; and
' WHEREAS, on February 7, 2001, the City Council continued this matter to its meeting of
February 14, 2001; and
WHEREAS, on February 14, 2001, the Resolution of Denial was considered by the City
Council in accordance with applicable law; and
Case 5.0843 - Resolution 19992
February 14, 2001
Page 2 of 5 '
WHEREAS,on February 14,2001,the City Council considered revised plans submitted by
the applicant to address the concerns raised at the public hearing on January 17, 2001;
WHEREAS,the proposed Conditional Use Permit(Case No.5.0843)is categorically exempt
from the provisions ofthe California Environmental QualityAct(CE(DA)pursuantto Section
15332 (In-fill Development Projects); and
WHEREAS,the Planning Commission has previously reviewed and considered all of the
evidence presented in connection with the hearing an the project and the City Council has
carefully reviewed and considered all of the evidence presented in connection with the
hearing on the project, including but not limited to the staff report and all written and oral
testimony presented, and the revised site plan and building elevation for Building 2.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
This Conditional Use Permitis categorically exempt from environmental assessment
pursuantto Section 15332 of the California Environmental Quality Act(CEQA)in that
Section 15332 states that in-fill development projects are exempt from CEQA.
Section 2: Pursuant to Section 92.25.00, 94.02.00 AND 94.04.00 of the Zoning
Ordinance, the City Council finds that:
a. The use applied for at the location set forth in the application is properly one for
which a Conditional Use Permit is authorized by the City's Zoning Ordinance.
PursuanttotheZoning Ordinance,multi-family dwellings are permitted in the Resort
Overlay Zone only by Conditional Use Permit, such permit subject to Planning
Commission findings thatthe proposed use is compatiblewith its surroundings and
that the site in question is not appropriate for other uses allowed by right within the
underlying zone. The purpose of the Resort Overlay Zone is to ensure adequate
opportunities for tourism. The subjectproperty is irregular in shape and is not likely
to be developed as a hotel or other similar use in the future.
b. The proposed project is consistent with the General Plan.
The subject property is designated as H-43/21 (High Density Residential)on the
City's General Plan Land Use Map and R-3(Multiple-family Residential and Hotel
Zone) pursuant to the Zoning Map. The objective of the H-43121 General Plan
Designation(providing for the development of a threshold of 15 and a maximum of
21 dwelling units per acre) is to allow for multi-family apartments and similar
permanent housing. The proposed development of 104 apartment units on a 4.97
net acre site(20.92 units per acre)fits within the range of uses allowed within the
High Density Residential General Plan category.
c. The use applied for is necessary or desirable for the development of the '
community,is inharmonywith the various elementsor objectives of the General Plan,and
is not detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
1
Case 5.0843 - Resolution 19992
February 14, 2001
' Page 3 of 5
The proposed development of 104 apartment units is in harmony with the various
elements and objectives of the City of Palm Springs General Plan and is not
detrimental to existing uses specifically permitted in the zone in which the proposed
use is to be located.
d. The site for the intended use is adequate in size and shape to accommod ate said
use,including yards,setbacks,walls orfences,landscaping and otherfeatures required in
order to adjust said use to those existing or permitted future uses of land in the
neighborhood.
Pursuant to the revised site plan submitted to the City Council on February 14,2001,
the project's rear yard setbacks are accordance with Section 92.04.03 of the Zoning
Ordinance, negating the need for an Administrative Minor Modification for a 20%
reduction in rear yard setbacks.
Pursuanttothe revised site plan submitted to the City Council on February 14,2001,
the project meets the parking standards in accordancewith Section 93.06.00,thus
negating the need for an Administrative Minor Modification for a 10%reduction in the
numberof required parking spaces,in thatthe 40 parking spaces provided along the
south side of the private access road are located within the applicant's private
property,and are,therefore, included in thetotal numberof parking spaces forthe
proposed project.
With the incorporation of Administrative Minor Modifications for a reduced setback
(from 125 feet to 110 feet)from East Palm Canyon Drive,the site for the proposed
104-unit apartment project,on a 4.97 net acre parcel located at the southeast corner
of East Palm Canyon Drive and Araby Drive, is adequate in shape and size to
accommodate said use,including yards,setbacks,walls or fences,landscaping and
other features required in order to adjust said use to those existing or permitted
future uses of the land in the neighborhood.
e. The site for the proposed use related to streets and highways is properly
designed and improved to carry the type and quantity of traffic to be generated by the
proposed use.
The proposed development of 104 apartment units is bordered on three sides by
roadways,one of which is a private street,one of which is a collector street,and one
of which is a 30-foot wide access road alongside a major thoroughfare. A bus bay
turn-out and bus shelterwill be required along the East Palm Canyon Drivefrontage
in accordance with the design criteria ofSunLine Transit Agency. The paymentof
Transportation Uniform Mitigation Fund(TUMF)fees will be required upon issuance
of building permits. With all of the above items incorporated into the recommended
Conditions of Approval forth e project(Exhibit A),the vehicular circulation system will
not be negatively impacted by trips generated from this project.
Case 5.0843- Resolution 19992
February 14, 2001
Page 4 of 5 '
f. In accordance with Policy 7.1.5 of the General Plan, the appropriate street
standard on East Palm Canyon Drive at this location is a 101-foot ultimate half-street right-
of-way.
This finding is made because existing development patterns make acquisition of
lands to comply with existing street standards infeasible and unnecessary. Policy
7.1.5 of the General Plan states that cross-section standards may be modified by
the Planning Commission to take into consideration the need forspecial right-of-way
widths where property cannot be feasibly acquired or the nature of the terrain
through which the streetpasses to prevent scarring of the landscape. The General
Plan shows a half-street right-uf-way width on East Palm Canyon Drive of 101 feet
(total of202feet). The intent of the General Plan is to allowfor a frontage road, The
proposed site plan includes a 30-foot frontage over an easement. Thus, the
proposal meets the intent of the General Plan. A five-foot sidewalk and bikeway
easementwill also be accommodated. The existing special conditions,size of the
site, topography and irregular shape render difficulties in constructing full street
improvements at the street grade.
g. The design or improvements of the proposed 104-unit apartment project are
consistent with the General Plan.
The subject site is zoned R-3 (Multiple-family Residential and Hotel Zone) and
designated H-43/21 (High Density Residential)pursuentto the City's General Plan
Land Use Map. The projectwill be compatible with the General Plan and existing
land uses to the south, north(across East Palm Canyon Drive)and east,as well as
future uses of vacant land to the west (across Araby Drive), which could be
developed with a variety of high density residential uses pursuant to the City's
General Plan and Zoning Ordinance. Furthermore,the project has been designed
to be sensitive to and not conflict with the existing commercial use to the east and
existing multiple family residences directly to the south of the site by incorporating
elements such as,but not limited to,a combination of heavy landscaping and block
walls along shared property lines.
h. The site is physically suitable for the type of development contemplated by the
proposed 104-unit apartment project.
The project has been redesigned to complywith all performance and development
standards of the R-3 Zone of the Zoning Ordinance, with the exception of the
Administrative Minor Modification fora reduced setback(from 125 feetto 110 feet)
from East Palm Canyon Drive. The site is relatively flat with native vegetation
scattered across the property and no overhead utilities, and will be accessed via
Araby Drive. Thus, the project should be compatible with the surrounding
neighborhood.
i. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any minor '
modifications of the zone's property development standards.
All proposed conditions of approval are necessaryto ensure publichealth and safety,
including, but not limited to, the requirements for public street improvements,
landscape and wall treatments along the project perimeter. = ,
Case 5.0843 - Resolution 19992
February 14, 2001
Page 5 of 5
NOW,THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council
hereby denies the appeal and upholds the Planning Commission's approval of Case No.
5.0843,subject to the revised plans considered by the City Council on February 14,2001
and those conditions setforth in ExhibitAonfile in the Departmentof Planning and Building,
which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise
specified.
ADOPTED this 14r6 day of F'ebr,iaU 2001,
AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Mayor %leindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS
City Clerk City Mana
REVIEWED AND APPROVED AS TO FORM: � -
e
R*
RESOLUTION NO. //
A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING THE PUBLIC INTEREST AND
NECESSITY REQUIRE ACQUISITION OF PERMANENT
EASEMENT INTERESTS IN A PORTION OF THE
PROPERTY KNOWN AS 1700 ARABY DRIVE, PALM
SPRINGS, CALIFORNIA, PARCEL MAP NO. 30292
WHEREAS, for the public purposes set forth herein, the City of Palm
Springs, California, is authorized to acquire property through the exercise of eminent
domain pursuant to Section 19 of Article 1 of the California Constitution, Section
1240.010 through 1240.050 of the California Code of Civil Procedure, and Government
Code §§ 37350, 37353, 37350.5 and 40404; and
WHEREAS, the "Project" for the purposes of this acquisition consists of
acquiring a permanent easement interest to provide a permanent bike path, bus shelter
and pedestrian access/sidewalks; and
WHEREAS, in order to carry out and make effective the principal purpose
of the Project, it is necessary for the City of Palm Springs to acquire a permanent
easement interest in a portion of certain privately owned real property commonly known
as 1700 Araby Drive, Palm Springs California, 92264, Parcel Map 30292 ("Property') as
follows: an easement for bicycle path purposes and bicycle uses, including public
ingress and egress in the use of the City's master planned bike paths over and across
the real property described in Exhibit A and depicted in Exhibit B (hereinafter "Bike Path
Easement"); an easement for bus shelter and accessory uses, including pedestrian
access, over and across the real property described in Exhibit C, and depicted in Exhibit
D (hereinafter "Bus Shelter Easement"); and an easement for sidewalk and pedestrian
access purposes, over and across the real property described in Exhibit E and depicted
in Exhibit F (hereinafter "Pedestrian Easement") (collectively "Permanent Easements")
which are incorporated by this reference; and
WHEREAS, on or about November 19, 2004, the City made written offers
to acquire the Permanent Easements to the record owners of the Property at an amount
that was not less than the appraised fair market value in compliance with Government
Code § 7267.2(a), and the owners of the Property have not accepted said offer or
otherwise conveyed the Permanent Easements to the City as of the date of this
Resolution; and
WHEREAS, on December 17, 2004, a Notice of Intention to Adopt a
Resolution of Necessity to Acquire a Fee Interest in a Portion of Real Property was
mailed to all persons whose names appear on the last equalized County Assessment
Roll as having an ownership interest in the Property, and to the address appearing on
said Roll, which Notice of Hearing advised said persons of their right to be heard on the
matters referred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing set out in said Notice of Hearing was held on
January 5, 2005, at the time and place stated therein, and all interested parties were
given an opportunity to be heard on the following matters: 1
(a) Whether the public interest and necessity require the project; N ti"
(b) Whether the project is planned or located in a manner which is
most compatible with the greatest public good and the least
private injury;
(c) Whether the property proposed to be acquired is necessary for the
project;
(d) Whether the offer meeting the requirements of Government Code
Section 7267.2 has been given; and
(e) Whether all other prerequisites for the exercise of eminent domain
to acquire the Property have been met.
WHEREAS, the City Council, as a result of such hearing, has determined
that the public health, safety, and welfare require the City to acquire the Permanent
Easements.
NOW THEREFORE, BE IT RESOLVED, that the City Council, hereby
does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The facts and conclusions referenced in this Resolution,
and the findings made by the City Council herein, are supported by substantial evidence
contained in the record of this proceeding.
Section 2. The property interest to be acquired consists of the
following: an easement for bicycle path purposes and bicycle uses, including public
ingress and egress in the use of the City's master planned bike paths over and across
the real property described in Exhibit A and depicted in Exhibit B; an easement for bus
shelter and accessory uses, including pedestrian access, over and across the real
property described in Exhibit C, and depicted in Exhibit D; and an easement for sidewalk
and pedestrian access purposes, over and across the real property described in Exhibit
E and depicted in Exhibit F.
Section 3. That the public interest, convenience, and necessity requires
the acquisition by the City of the Permanent Easements for the Project. Specifically, the
public interest and necessity require the Project because: the Bike Path Easement is
necessary to permanently increase the safety of bicyclist and motor traffic by removing
bicycle traffic from City streets, relieve congestion related to bicycle traffic, and as part of
the City's master plan for bicycle paths; the Bus Shelter Easement is necessary to
permanently provide pedestrian access to buses, to increase the safety of pedestrians
waiting for buses, to provide centralized location for the movement of pedestrians to and
from buses, and to provide shelter to pedestrians waiting for buses; and the Pedestrian
Easement is necessary to permanently increase the safety of pedestrians by providing
sidewalks and access for the safe movement of pedestrians. The Project is planned and
located in a manner which will be the most compatible with the greatest public good and
the least private injury, in that the Project is located in areas where the City has already
obtained the leasehold interests for bike path, bus shelter and pedestrian easements,
the improvements for the Permanent Easements have already been constructed, the
Permanent Easements are located in areas that will have the least impact on the owners
of the Property while providing necessary public improvements for the public at the
Property. The acquisition only includes that amount of land and interests necessary for
the Project. The taking of the Permanent Easements as described above are necessary
for the Project because the improvements and easements cannot be made permanent
without the Permanent Easements. The acquisition is authorized by Section 19 of
Article 1 of the California Constitution, Section 1230.010 et seq. of the California Code of �J�
Civil Procedure, and Sections 37350, 37350.5, 37353, and 40404 of the Government
Code.
Section 4. The offer required by Government Code Section 7267.2
has been made to the owner of record of the Property, by way of letter dated November
19, 2004, and the City has pursued negotiations thereafter, and negotiations with the
owner of the interest in the Property have not been successful.
Section 5. The environmental impacts and effects of the Project have
been fully addressed and all obligations imposed by the California Environmental Quality
Act have been complied with for the Project.
Section 6. The City hereby declares its intent to acquire the
Permanent Easements in the City's name in accordance with the provisions of the law of
the State of California and finds that all conditions, statutory requirements and
prerequisites to the exercise of eminent domain to acquire the Permanent Easements
described herein have been complied with by the City.
Section 7. The law firm of Aleshire & Wynder, LLP, is hereby
authorized and directed to prepare, institute, and prosecute in the name of the City such
proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the
acquisition of the Permanent Interests in the Property in accordance with the provisions
of the California Eminent Domain Law and the Constitution of California.
ADOPTED this_day of January, 2005.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
RESOLUTION NO. 19992
EXHIBIT A
Conditional Use Permit No. 5.0843
Friend Development Palm Springs, LLC
Southeast corner East Palm Canyon Drive and Araby Drive
February 14, 2001
CONDITIONS OF APPROVAL
Before final acceptance of the project,all conditions listed belowshall be completed to the
satisfaction of the City Engineer,the Directorof Planning,the Chief of Police,the Fire Chief
or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING:
1, The proposed development of the premises shall conform to all applicable
regulations ofthe Palm Springs Zoning Ordinance,Municipal Code,orany otherCity
Codes,ordinances and resolutions which supplementthe zoning district regulations.
2. The ownershall defend, indemnify,and hold harmlessthe Cityof Palm Springs,its
agents,officers, and employees from any claim, action, or proceeding against the
Cityof Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.0846. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake defense of
the matter and pay the City's associated legal costs orwill advance funds to payfor
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense,the applicant shall not,thereafter, be responsible to
defend,indemnify,or hold harmless the Cityof Palm Springs. Notwithstandingthe
'foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein,except,the City's decision to settle or abandon a matterfollowing an adverse
judgement orfailure to appeal,shall not cause a waiverof the indemnification rights
herein.
3. Commencement of use or construction under this Conditional Use Permit and
Architectural Approval shall be within two (2) years from the effective date of
approval. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
4. Construction documents shall be subject to review and approval by the Planning
Commission prior to issuance of building permits.
1�3
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 2 of 13
5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed bythe City and two copies filed with the County Clerk,
This application shall not be final until such Fee is paid and the Certificate of Fee
Exemption is filed. Fee shall in the form of a money order or cashier's check
payable to Riverside County.
6. The appeal period for this application is 15 calendar days from the date of project
approval. Permits will not be issued until the appeal period has concluded.
7. A revised preliminary landscape plan shall besubmitted to the Planning Commission
within 30 days of Planning Commission approval of the requested Conditional Use
Permit and Architectural Approval.
8. Final landscaping, irrigation,exterior lighting,and fencing plans shall be submitted
for approval by the Department of Planning and Building prior to issuance of a
building permit, Park South Homeowners Association shall review the final
landscape plan prior to Departmentof Planning and Building approvalfor issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal.
9. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance.The applicant shall submit an application for Final Landscape Document
Package to the Director of Planning and Building for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for
specific requirements.
10. Priorto issuance of a grading permit,a Fugitive Dustand Erosion Control Plan shall
be submitted and approved by the Building Official. Refer to Chapter 8.50 of the
Municipal Code for specific requirements.
11. The grading plan shall showthe disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
12. Drainage swales shall be provided adjacentto all curbs and sidewalks-3'wide and
6" deep. The irrigation system shall be field tested prior to final approval of the
project. Section 14.24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
13. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
14. Separate architectural approval and permits shall be required for all signs. Adetailed
sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
15. Pursuantto an agreement between the applicantand the ParkSouth Homeowners
Association,the applicant shall provide,at the applicant's expense,a newmonument
sign identifying the Park South condominium development. Said sign shall be n
Case 5.0843- Conditions of Approval
February 14, 2001
Page 3 of 13
subject to review and approval by the Department of Planning and Building.
16. All roof mounted mechanical equlpmentshallbescreened from all possiblevantage
points both existing and future per Section 93.03.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof plans
of the buildings shall indicate any fixtures or equipment to be located on the roof of
the building,the equipment heights,and type of screening. Parapets shall be at least
6" above the equipment for the purpose of screening.
17. No exterior down spouts shall be permitted on any facade on the proposed
building(s)which are visible from adjacent streets or residential and commercial
areas.
18. Perimeterwalis shall be designed,installed and maintained in compliance with the
corner cutback requirements as required in Section 93.02.00.D.
19. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval by the Director of Planning and Building prior to
issuance of building permits.
20. The street address numbering/lettering shall not exceed eight inches in height.
21. Construction ofanyresidentialunitshallmeetminimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Building Official.
22. An exterior lighting plan in accordance with the Zoning Ordinance Section93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Building prior to the issuance of building permits. A
photometric study and manufacturer's cut sheets of all exterior lighting on the
building, in the landscaping, and in the parking lot shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized.
23. ifproposed,parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face.
24. Parking lotlighting shall be primarily rrom carport structures mounted aboveparking
spaces and shielded from direct view, as to minimize impacts on adjacent
properties, to the satisfaction of the Director of Planning and Building.
25. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
Il\�
�^ vv
�`A1
Case 5,0843- Conditions of Approval
February 14, 2001
' Page 4 of 13
26. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art.The project shall eitherprovide public art or payment of an in lieu
fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit
valuation as calculated pursuantto the valuation table in the Uniform Building Code,
the fee being 1/2%for commercial projects or 1/4%for residential projects with first
$100,000 of total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site,said location shall be reviewed
and approved by the Director of Planning and Building and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
27. Details of pool fencing(material and color)and equipment area shall be submitted
with final landscape plan.
28. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
29. No outside storage ofanykind shall be permitted exceptas approved as a partof the
proposed plan.
30. Prior to the issuance of building permits, locations of all telephone and electrical
' boxes mustbe indicated on the building plans and mustbe completely screened and
located in the interiorof the building. Electrical transformers must be located toward
the interior of the project maintaining a sufficient distance from the frontage(s)of the
project. Said transformer(s) must be adequately and decoratively screened.
31. An Administrative Minor Modification shall be granted forreduced setbacksfrom East
Palm Canyon prior to issuance of a building permit.
32. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
33. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U"design. Individual wheel stops shall be prohibited;a continuous 6"
barrier curb shall provide wheel stops.
34. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to
end parking spaces or end spaces shall be increased to eleven (11)feet wide.
35. Treewells shall be provided within the parking lot and shall have a planting area of
six feet in diameter/width.
36. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18
' feet deep by9 feet wide plus a5footwalkwayat the right side of the parking space;
two (2) handicap spaces can share a common walkway. One in every eight(8)
handicap accessible spaces, but not less than one(1),shall be served byan 8 foot
walkway on the right side and shall be designated as "van accessible". ` %
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 5 of 13 F '
37. Handicapped accessibility shall be indicated on the site plan to include the location
of handicapped parking spaces,the main entrance to the proposed structure and the
path of travel to the main entrance. Consideration shall be given to potential
difficulties with the handicapped accessibilityto the building due to the future grading
plans for the property.
38. Compact and handicapped spaces shall be appropriately marked per Section
9306.00C 10.
39. Curbs shall be installed at a minimum of five (5)feet from face of walls, fences,
buildings,orother structures. Areas thatare not partof the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
40. All parking areas shall be adequately screened pursuant to Section 93.06.00 of the
Zoning Ordinance, including the use of decorative screen walls in the streetscape
areas between on-site parking areas and the public streets. As such,four foot high
walls and/or berms are required. Should berming be used adjacent to retention
basins for on-site drainage,the berming shall fit aesthetically and shall not include
extreme slopes for either the berms or the retention basins. If walls are utilized,the
design, height, texture and color of the walls shall be submitted for review and
approval by the Director of Planning and Building prior to issuance of building ,
permits.
41. The final design of the vehicular access points,which include access gates, turn-
around areas,on-site circulation,etc,shall be submitted forreviewand approval by
the Director of Planning and Building and Fire Marshal priorto issuance of building
permits.
42. The Citywill vacate to the applicant a six-feet(plus or minus)strip of land along the
public right-of-way immediately north of the 30-foot access road in order to
accommodate both the 30-foot wide access road and a five-foot sidewalk on the
south side of the access road. Once the strip of land is vacated by the City, the
applicant will include on the map the precise location of the 30-foot access road.
43. The applicant shall grantthe City an easementfor a bikeway on the 30-foot access
road.
44. A heavylandscape hedge shall be provided and maintained in a five-footwide area
on the outside of the six-foot high perimeterwall along the private street immediately
south of the project, to the satisfaction of the Director of Planning and Building.
45. The applicant shall provide, at the applicant's expense, a decorative, electronic
swing arm access gate at the west end of the existing private street located south
of the project for the Park South Condominium project. Said access gate shall
accommodate disabled access and shall include a turn-around area to '
accommodate stacking for at least two automobiles. Said gate shall be subject to
architectural review pursuantto Section 94.04.00of the Zoning Ordinance. Power
source for operation of said gate shall come from Park South Homeowners
Association.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 7 of 13
POLICE DEPARTMENT:
1. Developershall complywith Section II of Chapter8.04 of the Palm Springs Municipal
Code.
FIRE DEPARTMENT:
1. Construction shall be in accordance with the1998 California Fire Code, 1998
California Building Code, City of Palm Springs Ordinance 1570, Desert Water
Agency requirements,NFPA 13, 14,24,70,72 and 760 plus UL/CSFM listings and
approvals.
2. Approved numbers or addresses shall be plainly visible and legiblefrom thestreet
or road fronting the property per 1998 California Building Code,Chapter5,Section
502.
3. Fire Department Access Roads shall be provided and maintained in accordance
with the 1998 California Fire Code, Article 9, Section 902 and local ordinances.
BUILDING DEPARTMENT:
' 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT:
The Engineering Department recommends that if this application is approved,such approval
is subjectto the following conditions being completed in compliancewith City standards and
ordinances:
Before final acceptance of the project,all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the street right-of-way require a City of Palm
Springs Encroachment Permit. Work shall be allowed according to
Resolution 17950 - Restricting Street Work on Major and Secondary
Thoroughfares.
2. Submit street improvement plans prepared by a Registered Civil Engineer
to the Engineering Department.The plan(s)shall be approved by the City
Engineer prior to issuance of any grading or building permits.
' Minimum submittal shall include the following, IF applicable: .
A. Copy of signed Conditions of Approval from Planning Department. 1
B. Proof of processing dedications of right-of-way, easements,
encroachment agreements/licenses, covenants, reimbursement
agreements, etc. required by these conditions.
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 8 of 13
EAST PALM CANYON DRIVE
3. Dedicate additional right-of-way as required to incorporate the bus turn out
and adjacent 8 foot wide sidewalk.
3A. Developershall applyforthe vacation of the south 7 feet of the Palm Canyon
Drive East right-of-way from at point 83 feet+east of the northeast comer
of the tract to the southeast property line. Developer shall be responsible for
final resolution of all utilities, demolition of all existing improvements,
reconstruction of affected intersecting streets and coordination of
improvements with adjacent property owners, if applicable, for the street
vacation. All agreements and improvement plans relative to the above
mentioned items shall be approved bythe City Engineer priro to the submittal
of the street improvement plans.
4. Construct an 8 inch curb and gutter, 38 feet SOUTH of the existing
construction centerline along the entire frontage,with a 35 foot radius curb
return at the intersection of Araby Drive per City of Palm Springs Standard
Drawing No. 200,
5. Construct a curb ramp meeting current California State Accessibility
standards atthe SOUTHEAST corner of the intersection with Araby Drive per ,
City of Palm Springs Std. Dwg. Nos. 212 and 212A.
6. Construct a 160-foot long by 10-footwide bus turn out on the EAST PALM
CANYON DRIVE frontage beginning at the ECR of the southeast corner of
the intersection of Araby Drive.The configuration shall be approved by the
City Engineer in conjunction with SunLine Transit.Contact SunLine Transit
for details regarding bus stop furniture/shelterrequirements.Developershall
construct shelter inclusive of furniture and lighting.
7. Remove and replace existing pavementwith a minimum pavement section
of 5 inch asphalt concrete pavement over 4 inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,from
edge of proposed gutterto clean sawcut edge of existing pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No.110and 340.The pavementsection shall be designed,using"R"values,
bya licensed Soils Engineerand submitted to the City Engineer for approval.
ARABY DRIVE
8. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the
entire frontage of the subject property,with a 35 foot radius curb return at
BOTH SIDES of the intersection with the ACCESS ROAD and at the
Intersection with East Palm Canyon Drive perCityof Palm Springs Standard
Drawing No. 200.
9. Construct the BOTH SIDES of an 8 foot cross gutter and spandrel at the
intersection of ARABY DRIVE and ACCESS ROAD with a flow line parallel
to the centerline of ARABY DRIVE in accordance with City of Palm Springs
Standard Drawing No. 200 and 206. 4r
Case 5,0843 - Conditions of Approval
February 14, 2001
' Page 9 of 13
10. Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No.
210.
11. Construct a curb ramp meeting current California State Accessibility
standards on BOTH SIDES of the intersection with theACCESS ROAD per
City of Palm Springs Std. Dwg. Nos. 212 and 212A.
12. Remove and replace existing pavementwith a minimum pavement section
of 3 inch asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,from
edge of proposed gutterto centerline along the entire frontage in accordance
with City of Palm Springs Standard Drawing No.110 and 315.The pavement
section shall be designed,using"R"values,bya licensed Soils Engineer and
submitted to the City Engineer for approval.
PRIVATE ACCESS ROAD (Easement)
13. The ECR(end of curb return)on the north side of the Access Road shall be
a minimum of 40 Feet south of the BCR(beginning of curb return)on the
south side of East Palm Canyon Drive.
' 14. The centerline curve radius shall be a minimum fo 130 feet.
15. Construct a 6 inch curb and gutter, 15.00 feet FROM BOTH SIDES of
centerline along the entire frontage,with a 35 foot radius curb return at the
INTERSECTION WITH ARABY DRIVE per City of Palm Springs Standard
Drawing No. 200,
16. The two(2)west driveway approaches shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 205 and have minimum
widths of 24 feet.
The east driveway approach shall be constructed in accordancewith Cityof
Palm Springs Standard Drawing No.204 and have minimum widths of 24
feet.
17. Construct a minimum 5 foot wide sidewalk behind the curb on the SOUTH
side of the access road in accordance with City of Palm Springs Standard
Drawing No. 210.
17A. A pedestrian access easement for the 5 foot wide sidewalk, the curb ramp
area and access to Palm Canyon Drive East(at the southeast corner of the
tract)shall be dedicated to the City on the parcel map.
18. Construct a curb ramp meeting current California State Accessibility
' standards at the NORTHEAST corner of the subject property pey City of
Palm Springs Std. Dwg. Nos. 212 and 212A.
Construct a curb ramp meeting current California State Accessibility
standards at both sides and across the median island of the main driveway
per City of Palm Springs Std. Dwg. Nos. 212 and 212A. hw„
\sV
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 10 of 13 '
19. Remove and replace existingpavementwithaminimumpavementsection
of 2-1/2 inch asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,from
edge of proposed gutterto edge of proposed gutter along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 110. The
pavement section shall be designed, using"R"values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
20. The curb face on the north side of the streetshall be painted red to designate
NO PARKING.
SANITARY SEWER
21. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
GRADING
22. A copy of a Title Report prepared/updated within the past 3 months and
copies of record documents shall be submitted tothe City Engineerwith the
first submittal of the Grading Plan.
23. Submit a Grading Plan prepared by a Registered Professional to the
Engineering Departmentfor plan check.Grading plan shall be submitted
to the Planning Department for comments prior to submittal to the
Engineering Department.The Grading Plan shall be approved bythe City
Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copyof Planning Department comments regarding the grading plan.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning
Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
F. Copy of Hydrology Study/Report, IF required by these conditions.
G. Copy of the General Construction Activity Storm Water Permitfrom
the State Water Resources Control Board(Phone No.916 657-0687)
to the City Engineer prior to issuance of the grading permit.
24. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'
wide and 6"deep-to keep nuisance waterfrom entering the public streets, �1
roadways, or gutters.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 11 of 13
25, In accordance with City of Palm Springs Municipal Code, Section 8.50,00,
the developer shall post with the City a cash bond of two thousand dollars
($2,000.00)per acre for mitigation measures of erosion/blowsand relating to
his property and development.
26. Asolls report prepared bya licensed Soils Engineershall be requiredforand
incorporated as an integral part of the grading plan for the proposed site.A
copy of the soils report shall be subm itted to the Building Department and to
the Engineering Department along with plans, calculations and other
information subjectto approval bythe City Engineer prior to the issuanceof
the grading permit.
27. The hydrology study mitigation measures shall be incorporated into the
grading plan.
28. Contactthe Building Departmentto getPM1 0 requirements priorto request
for grading permit.
29. In cooperation with the Riverside County Agricultural Commissionerand the
California Department of Food and Agriculture Red Imported FireAnt Project,
applicants forgrading permits involving an engineered grading plan and the
' export of native soil from the site will be required to present a clearance
documentfrom a Department of Food and Agriculture representative in the
form of an approved "Notification of Intent To Move Soil From or Within
Quarantined Areas of Orange,Riverside,and Los Angeles Counties"(RIFA
Form CA-1)or a verbal release from that office prior to the issuance of the
City grading permit.The California Department of Food and Agriculture office
is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-
8208)
DRAINAGE
30. The developershall accept all flows impinging upon his land and conduct
these flows to an approved drainage structure.On-site retention/detention or
othermeasures required bythe approved hydrology study shall be included
on the grading plan.
31. The projectis subjecttoflood control and drainage implementation fees.The
acreage drainage fee at the present time is $7,271.00 per acre per
Resolution No. 16189. Fees shall be paid prior to issuance of a building
Permit.
ON-SITE
32, The minimum pavement section for all on-site streets/parkingarepsshall be
' 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,The
pavement section shall be designed, using "R" values, determined by a
licensed Soils Engineer and submitted with the Fine Grading Plan to the City
Engineer for approval.
Case 5.0843- Conditions of Approval
February 14, 2001
Page 12of13 '
33. The on-site parking lotshall be constructed in accordancewith Cityof Palm
Springs Zoning Ordinance, Section 9306.00.
GENERAL
34. Any utility cuts in the existing off-site pavement made by this development
shall receivetrench replacement pavement to match existing pavementplus
one additional inch. See City of Palm Springs Standard Drawing No. 115.
Pavement shall be restored to a smooth rideable surface.
35. All proposed util ity lines on/or adjacent to this projectshallbeundergrounded
prior to issuance of a Certificate of Occupancy.
36. All existing utilities shall be shown on the grading/street plans.The existing
and proposed service laterals shall be shown from the main line to the
property line.The approved original grading/street plans shall be as-built and
returned to the City of Palm Springs Engineering Department prior to
issuance of the certificate of occupancy.
37. The owner shall enter into a covenant agreeing to underground all existing
overhead facilities on/or adjacent to this property that are less than 35 kV in
the future upon request of the City of Palm Springs City Engineer at such
time as deemed necessary. The covenant shall be consummated and
submitted to the Engineering Department prior to issuance of a grading
permit. An updated title report or a copy of the current tax bill shall be
provided to verify ownership.
38. The developer is advised to contact all utility purveyors for detailed
requirements for this project at the earliest possible date.
39, Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Standard Drawing No.
203.
40. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed per City of Palm Springs Engineering specifications.
MAP
41. The existing lots or parcels shall be combined.The developer shall submit
a parcel map prepared by either a Registered Civil Engineer or a Licensed
Land Surveyor to the Engineering Department. This condition shall be
complied with before issuance of grading or building permits. .
42. TheTitle Report prepared forsubdivision guaranteeforthe subject property,
the traverse closures for the existing parcel and all lots created therefrom,
and copies of record documents shall be submitted with the Parcel Map to
the Engineering Department.
Case 5,0843 -Conditions of Approval
February 14, 2001
' Page 13 of 13
43. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Department for review.
Submittal shall be made prior to issuance of grading or building permits.
TRAFFIC
44. The developer shall provides minimum of 48 inches of sidewalk clearance
around all street furniture,fire hydrants and other above-ground facilities for
handicap accessibility.The developer shall provide same through dedication
of additional right-of-way and widening of the sidewalk or shall be responsible
for the relocation of all existing traffic signal/safety light pales, conduit,pull
boxes and all appurtenances located on the PALM CANYON DRIVE EAST,
ARABY DRIVE and ACCESS ROAD frontages of the subject property.
45. The developershall have restriping plans approved bytheCifyEngineerand
shall restripe the Araby Drive approach to East Palm Canyon Drive prior to
issuance of a Certificate of Occupancy.
The striping on East Palm Canyon Drive shall be modified to transition traffic
going eastbound through the Araby Drive intersection.
' 46. The developershall be responsible for the relocation and modification of the
existing traffic signal poles,conduit,pull boxes and all appurtenances located
on the SOUTHEAST corner of PALM CANYON DRIVE EAST and ARABY
DRIVE in accordance with the requirements of the City of Palm Springs.
47. A 30 inch "STOP"sign and standard "STOP BAR" and "STOP LEGEND"
shall be installed per City of Palm Springs Standard Drawing Nos.620-626
at the following locations:
Araby Drive @ Access Road
48. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation,
"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND
MAINTENANCE WORK ZONES"dated 1996, orsubsequent additions in
force at the time of construction.
49. This propertyis subjectto the Transportation Uniform Mitigation Fee based
on the RESIDENTIAL MULTI-FAMILY ITE Code B land use.
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CITY OF PALM SPRINGS
CASE NO. 5.0B43 DESCRIPTION Ccndtional Use Permit for a 04 unit, apartment corplex at
APPLICANT Friend nevelopment the sakheast corner of fast Palm CanUon {give and Arabu
1 19 Prive
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DEC - 5
PLANINlNG DIVISION
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_CITE PLAN
EXHIBIT A
SECTION 25,T.4S., RAE.,S.B.M.
BIKE PATH EASEMENT
THOSE PORTIONS OF.LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO
BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652
OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM
SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO: 2002-359614 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00009'18" WEST, 45.05 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 37039'12" WEST; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, AND SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET TO
THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00°09'18" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49"AND AN ARC DISTANCE OF 42.21 FEET TO
THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS 0F145.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 139.04 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1454.50
FEET, A RADIAL LINE THROUGH.SAID POINT BEARS NORTH 34°03'55" EAST;THENCE PARALLEL TO AND
1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER
RESOLUTION 20356, THE FOLLOWING TWO(2)COURSES:
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE
OF 436.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38°43'05" EAST, 518.24 FEET TO A POINT
ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 51°16'55" WEST, 6.50 FEET TO THE SOUTHEAST
CORNER OF LOT 43 AS SHOWN BY SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHERLY LINE OF
SAID LOT 43, NORTH 89"46'12" WEST, 91.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH
18040'04" WEST, 1.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04"
EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110°03'01" AND
AN ARC DISTANCE OF 67.23 FEET; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE
NORTHEASTERLY LINE OF SAID LOTS 43 AND 42, THE FOLLOWING TWO (2)COURSES:
NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
17011'23" AND AN ARC DISTANCE OF 427.37 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH
34003'55" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC
DISTANCE OF 110,27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20052-31" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001,491, AND AN ARC
DISTANCE OF 53.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND
SHEET 1 OF 2 SHEETS W:Uobs2002\PALM SPRINGS\NORTHWOODS\MAPPINGTSMT-BIKE\EXH-A,bw
HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00009'18" WEST.,
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54" AND AN ARC
DISTANCE OF 16.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID
WESTERLY LINE, NORTH 00°09'18"EAST, 40.33 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.81 ACRES, MORE OR LESS,
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR UNDER
MY DIRECTION, BASED ON RECORD INFORMATION. 50 LANo G&
�9A
v PHLJP K FOMOTOR
No.7070
EXP.
PHILLIP K. FOMOTOR, P.L.S. (P aP
EXP.12/31/06 CF CALIV:
SHEET 2 OF 2 SHEETS
WMohs20021PALM SPRINGSWORTHWOODSWAPPINGIESMT-BIKEIEXH-A.Doo
EXHIBIT B SHEET T OF 4 SHEETS
SHEET 2
p0C � 1
_SHEEf 3
1 ; 1
1 � 1
SCALE 1"=200'
Aw Lam _ 1—_4C2J
1
m I 1 F9 SHEET 4
1 1 -----------
1
1
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1 1
L---------------�
I
MORONGO TRAIL
' LEGEND ��V�
EXISTING CENTERLINE
— — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED
VACATED RIGHT OF WAY yea SGR BY ME OR UNDER MY DIRECTION,
`�a5' BASED ON RECORD INFORMATION.
® BIKE PATH EASEMENT 9A
l�ufl'
/,I (�//�j EXISTING LOT NUMBER PHUIP K.FOMOTOR
No.7070
RAIDRADIAL UNE a exP.tvatroe
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v—kw,s200 ALA SPRINGSVM7HV=YWPDMESNT-)D(E I PH PDT EXP. 12/31/06
EXHIBIT B SHEET 2 OF 4 SHEETS
CURVE TABLE
CURVE DELTA RADIUS LENGTH
Cl 3729'54" 25.00' 16.36'
C2 21'OV49" 115.00' 42.21'
C3 54'56'26" 145.00' 139.04'
C4 1711'23". 1454.50' 436.37'
I \ C5 171123" 1424.50' 427.37
F,4 C6 54'56'26" 115,00' 110,27'
\A C7 29''49" 145.00' 16,36'
C8 3729'54" 25.00' 16.36'
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z I Z 7.50' RIGHT OF WAY VACATION BY CITY
OF PALM SPRINGS PER RESOLUTION
30' 20356, RECORDED 6/28/2002 AS
INSTRUMENT NO, 2002-359614. 1�
I �
I 42 M
RS 32/ o 9-90 to
I �
w
SCALE 1"=50' W
LAND THIS DOCUMENT WAS PREPARED
BY ME OR UNDER DIRECTION
BASED ON REC RDMINFORMATION.
PHILLIP K.FOMOTOR
No. 7070
SEE SHEET 1 FOR LEGEND E P.123,06
r
OF CALIP�a PHILLIP K. FOMOTOR, P.L.S.
�Vobs2002\PALM 3PRINGSVItillTH4'GODS\NMPRIG\ESNT-lDZ:EM-4d� 10/23/2003 MOM N1 PIT EXP. 12/31/06
N EXHIBIT B SHEET 3 OF 4 SHEETS
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RS 32/89-90 _
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7.50' RIGHT OF WAY VACATION BY CITY 000
OF PALM SPRINGS PER RESOLU11ON ¢LOI W
20356, RECORDED 6/28/2002 AS
INSTRUMENT NO. 2002-359614. z
N51'15'18LEZ
RAD
LANZ) THIS DOCUMENT WAS PREPARED
y�0 SGRG BY ME OR UNDER MY DIRECTION,
F�
BASED ON RECORD INFORMATION. ,
PHILLIP K.FOMO70H - r
No.7070
SEE SHEET. 1 FOR LEGEND E%P.12MIN
s �P r
Op CALlf PHILLIP K. FOMOTOR, P.L.S.
i\lo6sF002WAL11 SPRINGSV✓�THVO➢➢S\MAPI'WG\ESMT-➢IXE�EMNB2-{,dr !0/23/2pp3 Ip01�3_MI P➢T EXP. 12/31/06
EXHIBIT B SHEET 4 OF 4 SHEETS
CURVE TABLE
c� CURVE DELTA RADIUS LENGTH
Cl 17'11'23� 1454.50' 436.37'
C3 '1701'23" 1424,50' 427.37'
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RS 32/09-90 \
7.50' RIGHT OF WAY VACATION BY CITY \
OF PALM SPRINGS PER RESOLUTION
20356, RECORDED 6/28/2002 AS
INSTRUMENT NO, 2002-359614. \
�o
SEE SHEET 1 FOR LEGEND
LAND s THIS DOCUMENT WAS PREPARED e� N18'40'04"W
v BY ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORMATION. RAD 1.85' L �7
PHILLIP K.FOMOTOR
No. 7070
N Exp.12m1ms N8946'12"W 91..47'
♦Q"
�rR op ctLvf � PHILLIP K. FOMOTOR, P.L.S. N5116'55"E•
EXP. 12/31/06 6.50'
YiWohsW' \PAN SPRiNGSW11tTI1MS\MMPN\ESMT-jlKE\EMHE2-4dna w/23 am tml u,onr
EXHIBIT C
SECTION 25,TAS., RAE., S.B.M.
BUS SHELTER EASEMENT
THAT PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN
DIEGO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM
CANYON DRIVE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS
OF 1448.00 FEET, A RADIAL LINE THROUGH SAID.POINT BEARS NORTH 27'16'17" EAST; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 2012'38" AND AN ARC DISTANCE OF 55.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 1013'36" AND AN ARC DISTANCE OF 31.00 FEET; THENCE LEAVING SAID NORTHERLY
LINE, SOUTH 30005'43" WEST, 11.52 FEET; THENCE NORTH 59°54'17" WEST 31.00 FEET; THENCE NORTH
31005'43" EAST, 11.62 FEET TO THE POINT OF BEGINNING,
SAID EASEMENT CONTAINS 0.01 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND
MY DIRECTION, BASED ON RECORD INFORMATION. yv S6R
v PHIWP K.POMOTOR
D No.7070
EXP.12 Ie
FHILLIP K. FOMOTOR, P.L.S. a�r� �P
EXP. 12/31/06 OF CALiFoe
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SHEET 1 OF 1 SHEETS W:Uobs2002\PALM SPRINGS\NORTHWOODSIMAPPINMESMT-BLIMEXH-A Doc
EXHIBIT D SHEET 1 OF 1 SHEET
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Q I N30'05'43"E �'Op
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3100,
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11.52'
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42
I
1EQFM I J
EXISTING CENTERLINE
-- — — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED
VACATED RIGHT OF WAY e`" Sip BY ME OR UNDER MY DIRECTION,
E:= BUS SHELTER EASEMENT „\�j, BASED ON RECORD INFORMATION.
�
4
�"'+ EXISTING LOT NUMBER PHILLIP K.FOMOTOR
No.7070 '
RAD RADIAL LINE m EXP:12131M
P
Y'\Abs20U2V'N-M SPRINGS\NMTHktI MNAPPING\ESRT-ME%HBdro W17/ M Il,u,u u/ Pu r�OF OALIF�� EXP. 12/31/O6=FOMOTOR, . ,S.
EXHIBIT 5 "
SECTION 25,TAS., RAE., S.B.M.
PEDESTRIAN EASEMENT
THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO
BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652
OF SN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM
SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN
BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00°09'18" WEST, 85.38 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 37020'36" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET; THENCE SOUTH 89050'42" EAST, 24.17 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
147.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09018'26" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11034105"AND AN ARC DISTANCE
OF 29.68 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°57'01" AND AN ARC DISTANCE
OF 1.87 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 14.60 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 60°55'47"
WEST; THENCE SOUTHERLY, EASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 267°20'20" AND AN ARC DISTANCE OF 67.66 FEET TO A POINT OF INTERSECTION
WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEARS NORTH 09016'24" WEST; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20016'54"AND AN ARC DISTANCE OF 40.00 FEET;THENCE NON-TANGENT
TO SAID CURVE, NORTH 86°00'30" EAST, 6.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 14021'46" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19042'10" AND AN ARC DISTANCE OF 39.55 FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE PARALLEL TO AND 23.50 FEET
SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF
SURVEY, THE FOLLOWING TWO (2)COURSES:
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE
OF 427.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38143'05" EAST, 426.11 FEET TO THE ,
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48024'55" AND AN ARC
DISTANCE OF 29.58 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 51116'55" EAST, 41.77 FEET;
THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT
OF WAY VACATION PER RESOLUTION 20356, SOUTH 38043'05" EAST, 5.00 FEET; THENCE SOUTH 51116'55"
WEST, 49.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND
HAVING A THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4IUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARSO7°04'20'SAND AN ARC
DISTANCE OF 28.75 FEET; THENCE NORTH 18040'04" WEST, 5.00 FEET TO THE BEGINNING OF A NOW
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 18140'04" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A J
d
....
SHEET 10F 2 SHEETS W:Mobs20021PALM SPRINGSWORTHWOODSIMAPPINGIESMT-PEDESTRIEXH•A.Doo
tXfl ( eJT
CENTRAL ANGLE OF 110003'01"AND AN ARC DISTANCE OF 57.62 FEET; THENCE PARALLEL TO AND 28.50
FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD
OF SURVEY,THE FOLLOWING TWO(2)COURSES:
NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1419.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
17011'23"AND AN ARC DISTANCE OF 425.87 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 34003'55" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19016'49" AND AN ARC
DISTANCE OF 37.02 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 61°10'07" WEST, 13.59 FEET;
THENCE NORTH 22002'06" WEST, 7.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 108.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH
07°00'03" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11024'22"AND
AN ARC DISTANCE OF 21.50 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 64°11'08" EAST; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 203°44'68" AND AN ARC DISTANCE OF 69.34 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
152.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18008'24" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8059'25"AND AN ARC DISTANCE
OF 23.85 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89°50'42" WEST, 24.58 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49032'45" AND AN ARC
DISTANCE OF 17.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID
WESTERLY LINE, NORTH 00°09'18" EAST, 6.86 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.14 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY
ME OR UNDER MY DIRECTION, ytio LAND sG�
BASED ON RECORD INFORMATION.
///��� PML41P K FOMOTOR
Y
/ No.7070 J EXP.
7181
a�P
PHILLII K. FOMOTOR, P.L.S. of�Aupo�
EXP. 12/31/06
J
SHEET 2 OF 2 SHEETS W:Vobs2002WALM SPRINGS\NORTHWOODS\MAPPING\ESMT-PEDESTR\EXH-A.Doo
EXHIBIT SHEET 1 OF 4 SHEETS
SHEET 2
/I -SHEET 3
1 A=17'11'23"
R=1424.50'
> I L_ __ L=427.37'
QI 42 , SCALE 1"=200'
Q I e=17.11'23"
R=1419.50'
L=425.87'
<11
SHEET 4
I
II
MORONGO TRAIL
IFS
EXISTING CENTERLINE
EXISTING LOT LINE `
— . VACATED RIGHT OF WAY `
® PEDESTRIAN EASEMENT A V
42 EXISTING LOT NUMBER \
7.50' RIGHT OF WAY VACATION .BY CITY OF PALM SPRINGS PER RESOLUTION LAND THIS DOCUMENT WAS PREPARED
1 �o So 20356, RECORDED 6/28/2002 AS BY ME OR UNDER MY DIRECTION,
�S'y ��INSTRUMENT NO. 2002-359814. BASED ON RECORD INFORMATION.
.�
RAD RADIAL LINE v PHILLIP K.FOMOTOR
No. 7070 !�
• � EXP.12f91/OB /
�' V'ALM VmwNtIRWd wPpDry m-pEDEsTR\QM-I4w 10re I/W MM- M PDT � �F CALIF�� PHILLIP K. FOMOTOR, P.L.S.
EXP. 12/31/06
EXHIBIT F SHEET 2 OF 4 SHEETS
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CURVE TABLE LINE TABLE "
CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH
Cl 37'29'54" 25.00' 16,36' Li N86'00'30"E 6.97'
C2 11'34'05" 147.00' 29.68' L2 N61'10'07"E 13,59, V
C3 0-57'01" 113,00' 1,87' L3 N22'02'O6"W 7.97'
C4 267'20'20" 44.50' 67.66'
C5 2016'54" 113.00' 40.00' LAND THIS DOCUMENT WAS PREPARED
C6 11'24'22" 108.00' 21.50' `' SCR BY ME OR UNDER MY DIRECTION,
C7 203'4458„ 19,50 69,34 �� BASED ON RECORD INFORMATION.
v �,
SCALE 1"=20' C8 8'59'25" 152.00' 23.85' PHILLIP N.FOMOTOR
C9 4932'45" 20.00' 17.2W No. 7070
.
SEE SHEET 1 FOR LEGEND EXP 12/31(OB
Nor
WwK11 F of CAUF°�` PHILLIP K. FOMOTOR, P.L.S.
S Tflm"PPI%�ESIR'PEOESME1W-4Am 10/23/2N.1 9Pd11 AN PnT EXP. 12/31/06
EXHIBIT SHEET 3 OF 4 SHEETS
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LAND THIS DOCUMENT WAS PREPARED
y`-1 SCR BY ME OR UNDER MY DIRECTION,
BASED ON RECORD INFORMATION,
v 9j
PHILLIP K.FOMOTOR
No,7070
SEE SHEET 1 FOR LEGEND tpEXP.'mim /6
P
�rF of CALTPo PHIWP K. FOMOTOR, P.L.S.
vn mozw sPuix�swoanry000su�PPMESHT-PEDESTMU-oar 10/23/ m 9MI M PDT _ EXP. 12/31/Os
EXHIBIT F SHEET 4 OF 4 SHEETS
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RAD 40 5.00' G� \
SEE SHEET 1 FOR LEGEND
LAND THIS DOCUMENT WAS PREPARED CURVE TABLE
BY ME OR UNDER MY DIRECTION, CURVE DELTA I RADIUS LENGTH
BASED ON RECORD INFORMATION,913 Cl 48024'55" 35.00' 29.58'
v PHILLIP K.FOMOTOR C2 47'04'20" 35,00, 28.75'
No.Ioilo C3 110'03'01" 30,00' 57.62' V
4 N EXP.7713106
f \P `
�Op CALIP��� p/W. —
PHIWP K. FOMOTOR, P.L.S.
EXP. 12/31/06
Yi\ sE002WA1N 9RQIGSVNItTHWWOS\lWgiHG\ESNT-PEOESiR\E1MB2-4drn jnrniatta