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Home My WebLink About7/16/2008 - STAFF REPORTS - 2.F. O ?4LMSao `'�° ' CITY COUNCIL STAFF REPORT DATE: July 16, 2008 CONSENT CALENDAR SUBJECT: SUMMARY VACATION OF A PORTION OF VIA MONTE VISTA ADJACENT TO PARCEL 3 OF RECORD OF SURVEY, PER MAP BOOK 12, PAGE 87 IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R 07-028. FROM: David H. Ready, City Manager 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 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 INTEREST TO A PORTION OF VIA MONTE VISTA ADJACENT TO PARCEL 3, ON RECORD OF SURVEY, IN MAP BOOK 12, PAGE 87, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, FILE R 07-028". STAFF ANALYSIS: On September 6, 2007, staff received a request from Gary Scott Ball and Deborah L. Ball to vacate excess public right-of-way for Via Monte Vista adjacent to their property located at 2401 N. Via Monte Vista, recorded as Parcel 3, Record of Survey, Map Book 12, Page 87, records of Riverside County. The 1966 adopted General Plan originally designated Via Monte Vista as a Secondary Thoroughfare requiring 88 feet of right-of-way. In 1976, Resolution 11761 amended the General Plan and reclassified Via Monte Vista as a 66 feet wide collector. ITEM NO. City Council Staff Report July 16, 2008 -- Page 2 Via Monte Vista Summary Vacation Subsequently, three feet of the subject property along Via Monte Vista was dedicated to the City and recorded on August 25, 1986, to coincide with the 66 feet wide collector designation. The adjacent property to the south at 2301 Via Monte Vista was built in 1983 with no dedication of property required by the City. In 1988, Resolution 16436 amended the General Plan and reclassified Via Monte Vista to a 60 feet wide collector The latest General Plan adopted in 2007 maintained Via Monte Vista as a 60 feet wide collector. 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. Notices were sent to the various public utility companies. No objections or reservation of easements were brought forth by any of the public utilities. 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 three feet of right-of-way for Via Monte Vista dedicated to the City from Parcel 3 per Record of Survey, Map Book 12, Page 87, records of Riverside County, California, also known as 2401 N. Via Monte Vista. FISCAL IMPACT: None. SUBMITTED: David J. Barakian Thomas J. Wlls�n Director of Public Works/City Engineer Assistant City Manager David H. Ready,Jmi� er ATTACHMENTS: 1. Vicinity Map 2. Resolution Page 1 of 1 ---San-btarc°:Wa � �'�• -W-5ap�Neda°Rd----,yy �__- sib t .r d -RacquetClub-,Ftd { sa C \ a _ x - - °- - - - - — \ \z a w C -_ _ _ -- . _ - m _ - y�,'•piarLseal^Rd-� aY/'.��4,�d:C,�HamerpW;eI?°�6s.0�1�I VAa�,urudkl:• VICINITY MAP 450ft 2401 N Via Monte Vista N CitYGTS «-C4LrtoaH"� Copyright O 2006 RII Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. littp://maps.digitalmapcentral-con/production/CityGIS/vO7 01 036/indexA.html 6/16/2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTEREST TO A PORTION OF VIA MONTE VISTA ADJACENT TO PARCEL 3, ON RECORD OF SURVEY, IN MAP BOOK 12, PAGE 87, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; FILE R 07-028. WHEREAS, the City Council for the City of Palm Springs, California, is authorized by Division 9, Part 3, Chapter 3, of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 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 Via Monte Vista over the easterly 3.00 feet of Parcel 3 of a Record of Survey filed in Map Book 12, Page 87, records of Riverside County, California, was made to the City of Palm Springs by Grant of Right-of-Way recorded August 25, 1986, as Document No. 203958; and WHEREAS, that portion of Via Monte Vista right-of-way over the easterly 3.00 feet of Parcel 3 of a Record of Survey filed in Map Book 12, Page 87, 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 and abandon all the City's right, title and interest in a portion of Via Monte Vista, described as the easterly 3.00 feet of Parcel 3 of a Record of Survey filed in Map Book 12, Page 87, as further described in a Grant of Right-of-Way recorded August 25, 1986, as Document No. 203958; records of Riverside County, California, and more particularly described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. 000OC4x Resolution No. Page 2 Section 3: This Resolution to summarily vacate excess right-of-way dedicated for Via Monte Vista, being generally described as the easterly 3.00 feet of Parcel 3 of a Record of Survey filed in Map Book 12, Page 87, as further described in a Grant of Right-of-Way recorded August 25, 1986, as Document No. 203958; records of Riverside County, California, is made in accordance with Section 8334 (a) of the California Streets and Highways Code. Section 4: The City Clerk is hereby directed to cause a certified copy of the 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 16th day of July, 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 July 16, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000095 EXHIBIT "A" R07-028 LOT "A" THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, T.4S., R.4E., S.B.M. SHOWN AS PARCEL 3, ON RECORD OF SURVEY, IN MAP BOOK 12, PAGE 87, RECORDED JUNE 5, 194.5, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER SOUTH 00' 22' 00" WEST 339.43 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER NORTH 89" 38' 00" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00' 22' 00" WEST 156.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER NORTH 89" 38' 00" WEST 3.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND DISTANT WESTERLY 33.00 FEET MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID SOUTHWEST QUARTER NORTH 00' 22' 00" EAST 156.OD FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER SOUTH 89' 38' 00" EAST 3.00 FEET TO THE POINT OF BEGINNING. p�yo�Essrp� N0. 13 15 * E%P 3 VI- - 9 T � � 9 CF 5��31�G EXHIBIT "B" POINT OF COMMENCEMENT RACQUET CLUB ROAD N 89'38'00" W N.E. COR. N.E 1/4,� S.W. 1/4, SEC. 3. �� T.45., RAE- S.B M � 0 0 � N M 0 0 POINT OF I BEGINNING Q 125.0 N 89'38'00" W 7 f 3.00' EXIST, R/W� 33' LLJ P O Z p o LOT "A" 0 o al N PARCEL 3 w N Q o R.5.12/87, O.R. . - o a N N N iy 0 0 � � I Z ul 3', EXIST. R/W— 33' 125.00' -3Q---� 5 pROFES51p�,,. N 69'38b0" W 3.00' N N0. 13515 XP. 31-09 _ VIA_ DUVERA o� sqr- OF CAL\F N 89'38'00" W y !30& �o PALg CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY VACATION * * DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: 5cALe FILE NO.: 1" = 50' R07-028 SEE EXHIBIT .,A„ CHECKED BY. DWG. NO.: SHEET NO.: