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Home My WebLink About10/15/2008 - STAFF REPORTS - 2.H. ti ry c+ V N k cOFOV``` CITY COUNCIL STAFF REPORT October 15, 2008 CONSENT CALENDAR Subject: SUMMARY VACATION OF A PORTION OF BARISTO ROAD IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-08-20 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets and Highways Code of the State of California allows the City to consider summarily vacating streets by following a streamlined process under certain conditions_ In this case, the City Council may summarily vacate an excess right-of-way of a street not required for street purposes; the excess right-of-way may be summarily vacated through the adoption of a Resolution, without a Public Hearing. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF BARISTO ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-08-20." STAFF ANALYSIS: On August 19, 2008, staff received a request from Wessman Development to vacate excess public right-of-way for Baristo Road adjacent to their property located at 300 S. Palm Canyon Drive. The subject portion of right-of-way was dedicated to the City as Lot "B" of a Parcel Map recorded in Map Book 4, Page 94, on April 14, 1972, and provided an additional 14 feet of right-of-way for Baristo Road between Palm Canyon Drive and Indian Canyon Drive. The dedication was made to be consistent with the then current designation as a Secondary Thoroughfare requiring 88 feet of right-of-way. However, recently the General Plan Update has reclassified Baristo Road to a collector roadway, requiring 66 feet of right-of-way (33 feet half-width). Therefore, there now exists 11 feet of excess right-of-way no longer necessary for public use. Item Na. 2 H e Baristo Road Summary Vacation October 15, 2008 Page 2 Chapter 4 "Summary Vacation", of part 3 "Public Streets, Highways, and Service Easement Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.), outlines the process to follow for summarily vacating public streets. In accordance with Section 8334 (a) of the Code, the legislative body of a local agency may summarily vacate an excess right-of- way of a street not required for street purposes. The City need only adopt a Resolution citing specific facts that allows for the summary vacation of the excess street right-of- way; a Public Hearing is not required. Staff recommends that the City Council adopt the attached Resolution, which will summarily vacate the excess right-of-way for Baristo Road dedicated to the City over Lot "B" of that certain Parcel Map recorded in Map Book 4, Page 94, on April 14, 1972. FISCAL IMPACT: None. D David J. Barakian Thomas J. Wpfson Director of Public Works/City Engineer Assistant City Manager David H. Ready, Cyi5iP fage—r ATTACHMENTS: 1. Vicinity Map 2. Resolution _ H2 Paae 1 of I x x n u -W TahqultrCanyan-iway— -- c E Tahgtlitz-Canyon',Wa 3 -r - 7 P r I-I^ -'La Ptz- - m I 7. S-i' i -E-Arerlas-Rd- C W-Arena d v L!7 _ — _ _ _ _ _ o b m [E-Satarikino Rd a e O ^N CI 7 a i 9 W Santa"Ruda 6r�"� G N m E P O G w 9 m I MN Palencia Ln W Montevlslta 0r y � ❑ 4 on-Rd I I � it � � p I r n N I ay�pn.�B C WnmR.Oda.T�NAitrr.O�lal IAa�paducii n cp gAL114 VICINITY MAP 550it 300 S- Palm Canyon drive N CityGIS C'iI/FORH�F Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under Iloerse and may not be approved except as licensed by Digital Map Products. 7.4+ nnrrr._a.... n t 1 n/141nnno I BARISTO ROAD N 99'53'07"E� 12"SS 6"W N EX. CURB r7 OQ EX. SIDEWALK T w t35;02' j FFi L 0 T 1 Naa sa'za"E PORTION OF R/W W 1 6 (v 21.22' TO BE VACATED I oWM R 20' 1 L=89 s07'27" � I z m1 J Q W z N x1 `� I PARCEL I 25' w1 w MB 4/94 75 U s1,�1 I 51J-204-005 J 40'1 EX. R�W 1 U) I 1 1 I DESIGN BY: SCALE FILE NO.: RIGHT-OF-WAY VACATION FUP NTS R 0e-020 300 S. PALM CANYON DRIVE CHECKED BY: DATE SHEET NO.: 09/12/08 1 OF 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF BARISTO ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-08-20 WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use streets dedicated for public use, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8334 (a) of the statute, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, a dedication of right-of-way for Baristo Road shown as Lot "B", as per Parcel Map on file in Map Book 4, Page 94 of maps, records of Riverside County, California, represents excess public right-of-way not required for street or highway purposes. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS.- Section 1. The City Council does hereby adopt this Resolution in accordance with Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and Service Easements Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Section 2, The City Council does hereby summarily vacate excess right-of-way dedicated for Baristo Road, being generally described as a portion of Lot "B", as per Parcel Map on file in Book 4, Page 94 of maps, records of Riverside County, California, and more particularly described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof. Section 3. This Resolution to summarily vacate excess right-of-way dedicated for Baristo Road, being generally described as a portion of Lot "B", as per Parcel Map on file in Book 4, Page 94 of maps, records of Riverside County, California, is made in accordance with Section 8334 (a) of the California Streets and Highways Code. Section 4. Following the recordation of this Resolution, the excess right-of-way dedicated for Baristo Road, being generally described as a portion of Lot "B", as per Parcel Map on file in Book 4, Page 94 of maps, records of Riverside County, California, and more particularly described on Exhibit "A", and shown on Exhibit "B", attached �7 Resolution No. Page 2 hereto and made a part hereof, no longer constitutes a portion of the public street known as Baristo Road. Section 5. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. ADOPTED this 15th day of October, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 15, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN- 0 James Thompson, City Clerk City of Palm Springs, California __ �t� P0 EXHIBIT "A" RIGHT OF WAY VACATION R 08-020 BEING A PORTION OF LOT"B"AS SHOWN ON PARCEL MAP FILED IN PARCEL MAP BOOK 4 AT PAGE 94, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS; THE FOLLOWING THREE COURSES BEING ALONG THE SOUTH, AND WEST LINE OF SAID LOT"B" BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP, THENCE SOUTH 890-53'-07"WEST A DISTANCE OF 130.01 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 89°- 57'-27"AND A LENGTH OF 31.40 FEET,- THENCE NORTH 000-04'-20"WEST A DISTANCE OF 15.99 FEET; THENCE NORTH 440-54'-24" EAST A DISTANCE OF 21.22 FEET TO THE NORTH LINE OF SAID LOT"B"; THENCE NORTH 89°-53'-07" EAST ALONG SAID NORTH LINE A DISTANCE OF 135.02 FEET, THENCE SOUTH 000-04'-20" EAST A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD IF ANY. AREA OF VACATION CONTAINS 1,623 86 SQ. FT. (0.037 AC) MORE OR LESS PREP^2 Y / — SA ORA/E, NC/. WA J HN L. SA RN, PLS 4146 9/1$/08 wo 06.207 _ a . J.L sA�M01N KIM Uwe • fpp E1�PIRES H�1♦ EXH/B/T IS " BAH/STO ROAD _ N 890 3'07'E 1 � OI J N 89053'07"E�j 1135.02' 4 I N 89"53'07'E 130.01' �~ P.O.B., N.E. COR. I O O o PARCEL 1 I I � O40.00' a Q��' � Q ❑ j q 0 50 100 3 2 5CALE 1.50' N I O GRAPHIC SCALE a O � N 89°53'07'E 166.00' � � a DATA a (3I O DELTA/BEARING RADIUS LEN./DIST. TANGENT Z5 TANQUlTZ CAN MN WAY U 1O 8905727" 20.00' 31-40, 19.99, ANDREAS RD. ¢ o 2O N 00°04 20"W 15.99, y o O3 N 44°5424'E 21.22' BARISTO >- z ® N 00°04'20"W 11.00' Z S/ O5 N 89 053'07 E 16.42' RAMON D. 2 e N 00°04'20"W 28.00' VlC/N/TY MAP N. T.S. Of pALN�, APPROVED: / 6 ? CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING * 7987 �4 T DEPARTMENT r. oIREGTOR Or PUBUtWORKS/ R.LS. ASST. CITY ENGINEER VACATION PLAT DESIGN BY.- SCALE: FlLE NO.: D.H. 1" = 50, R 08-020 LEGAL DESCRIPTION: i SEE EXHIBIT "A" CHECKED 9Y. W.G. / SHEET No: .^ J.L.S. 06-207 1 OF 1