HomeMy WebLinkAbout22228 - RESOLUTIONS - 5/21/2008 RESOLUTION NO. 22228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST
IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED
FOR AVENIDA EVELITA BETWEEN RAMON ROAD AND
CALLE DE RICARDO, AND VACATION OF PORTIONS OF
PUBLIC UTILITY EASEMENTS ON LOTS 5 AND 6 OF
VISTA DEL CIELO, AND PORTIONS OF PUBLIC UTILITY
EASEMENTS ON LOTS 1 AND 6 OF VISTA DEL CIELO
NO. 3, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5
EAST; FILE R-07-039.
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California
(the "statute"), to vacate and close to public use right-of-way dedicated for public streets
and public service easements, or parts thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for May 21, 2008, for City Council consideration of vacating and closing
to public use a portion of the public right-or-way dedicated for Avenida Evelita between
Ramon Road and Calle De Ricardo; and for City Council consideration of vacating and
closing to public use portions of public utility easements on Lots 5 and 6 of Vista Del
Cielo, and portions of public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3;
and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and
did cause to be posted notices of vacation along the line of the subject public right-of-
way, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and
has considered all evidence submitted concerning the portion of public right-of-way
dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo; and
concerning portions of public utility easements on Lots 5 and 6 of Vista Del Cielo, and
concerning portions of public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3,
being the vacated areas described on Exhibits "A-1", "A-2°, "A-3", "A-4", and "A-5"; and
shown on Exhibits "B-1°, "B-2", "B-3°, "134", and "B-5", attached hereto and made a part
hereof, and the need therefore for present and prospective public use.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find that the portion of public right-of-way
dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo; and the
Resolution No. 22228
Page 2
portions of public utility easements on Lots 5 and 6 of Vista Del Cielo, and portions of
public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3, are unnecessary for
present or prospective public use.
Section 2. The Director of Public Works/City Engineer is authorized to allow Avenida
Evelita, between Ramon Road and Calle De Ricardo, to be permanently closed to
public use prior to the recordation of this Resolution, for the purposes of complying with
Sections 4 and 5 herein below.
Section 3. Subject to Sections 4, 5, and 6, herein below, the City Council does
hereby vacate and abandon all the City's right, title and interest in the portion of public
right-of-way dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo;
and the portions of public utility easements on Lots 5 and 6 of Vista Del Cielo, and the
portions of public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3, being the
vacated areas described on Exhibits "A-1", "A-2", "A-Y, "A-4", and "A-5"; and shown on
Exhibits "BA", "13-2", "B-F, "134", and "B-5", attached hereto and made a part hereof.
Section 4. The owners, lessees, or agents of the properties located on the east and
west sides of Avenida Evelita, adjacent to the subject portion of vacated right-of-way, as
described and shown on Exhibits "A-1" and "134% shall be required to remove all
existing street improvements within the vacated area, subject to the approval of the City
Engineer, and shall be responsible for all costs associated therewith.
Section 5. The owners, lessees, or agents or the property located on the east and
west sides of Avenida Evelita, adjacent to the subject portion of vacated right-of-way, as
described and shown on Exhibits "A-1" and "B-1", shall be required to grant to Southern
California Edison and Verizon California easements for extension of underground
utilities across their property as a result of the vacation of right-of-way, and shall be
responsible for all costs associated therewith. Executed and recorded Grant Deeds
conveying easements to the utility companies shall be provided to the City Engineer.
Section 6. In the event the obligations set forth in Sections 4 and 5 herein above are
not fulfilled to the satisfaction of the City Engineer within two years of the date of the
adoption of this Resolution, the action taken by the adoption of this Resolution vacating
and abandoning all the City's right, title and interest in the subject portion of right-of-way
dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo; and the
portions of public utility easements on Lots 5 and 6 of Vista Del Cielo, and the portions
of public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3, being the vacated
areas described on Exhibits "A-1", "A-2", "A-3", "A-4", and "A-F; and shown on Exhibits
"13-211, "13-31, "B-4", and "B-5", shall be deemed null and void, and the action
automatically rescinded.
Section 7. That, upon notification from the City Engineer that the obligations set forth
in Sections 4 and 5 herein above have been satisfied, the City Clerk is hereby directed
to cause a certified copy of this Resolution, attested by him under the seal of the City, to
Resolution No. 22228
Page 3
be recorded in the Office of the County Recorder of Riverside County. Upon
recordation of this Resolution, the subject portions of right-of-way shall be deemed
vacated and closed to future public use.
ADOPTED this 21st day of May, 2008.
David H. Ready, ager
ATTEST;
mes 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. 22228 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 the 215t day of May 21, 2008,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat,
and Mayor Pougnet.
NOES: None
ABSENT: Councilmember Mills.
ABSTAIN: None.
mes Thompson, City Clerk
ity of Palm Springs, California �lv�l�q�Zao
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E7CMIT"A-;C
I VACATION LEGAL DESCRIPTION
R 07-039
PARCEL"A"
IALL THAT PORTION OF AVENIDA EVELITA BFWG A PORTION OF LOT"I ,"B"AND 5 OF
VISTA DEL CIELO AS FILED IN MAP BOOK 20 AT PAGE 86 AND A PORTION OF LOT"A","D"
AND I OF VISTA DEL CIELO NO-3 AS FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF
RIVERSIDE COUNTY CALIFORNIA,DESCRIBED AS FOLLOWS;
BEGINNING AT TIIE SOUTHEAST CORNER OF SAID LOT 5 AT A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF SAID AVENIDA EVELITA AND THE WEST LINE OF SAID LOT"J",
THENCE SOUTH 00"-02'-15"EAST ALONG LINE A DISTANCE OF 62.88 FEET TO THE
NORTHEAST CORNER OF SAID LOT"B",SAID CORNER BEING THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET;
TRICE SOUTHWESTERLY ALONG SAID CURVE AND NORTHERLY LINE OF SAID LOT"B"
THROUGH A CENTRAL ANGLE OF 90°-2 F-15"AND A LENGTH OF 31.54 FEET TO THE NORTV
LINE OF SAID LOT"B';
TI7,NCE SOUTH 890-4 V-00"EAST ALONG THE NORTH LINE OF SAID LOT"S"AND ITS
EXTENSION THEREOF A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY LINE
i OF SAID LOT"D"AND TIM POINT OF CUSP OF CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 20,00 FEET,A RADIAL BEARING PASSES THROUGH SAID CURVE
BEARS SOUTH 000-19'-00"EAST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-017-
WAY OF CALLE DE RICARDO;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890-38'-
45"AND A LENGTH OF 31.29 FEET TO A POINT ON THE EAST LINE OF SAID LOT"A"AND
THE EAST RIGHT-OF-WAY OF AVENIDA EVELITA;
THENCE NORTH 000-02'-15"WEST ALONG SAID EAST LINE A DISTANCE OF 118.00 FEET TO
TIIE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 20.00 FEET;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 900-21'-15"AND A LENGTH OF 31.54 FEET TO THE SOUTHERLY RIGHT-
OF-WAY OF RAMON ROAD;
THENCE NORTH 890-41'-00"WEST ALONG SAID SOUTI3 RIGHT-OF-WAY A DISTANCE OF
100.00 FEET TO THE POINT OF CUSP OF A CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 20.00 FEET,A RADIAL BEARING PASSES THROUGH SAID CURVE
BEARS NORTH 000-19'-00"EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE WESTERLY RIGHT-OF-WAY OF
AVENIDA EVELITA THROUGH A CENTRAL ANGLE OF 890-38'45"AND A LENGTH OF 31.29
FEET TO THE WEST LINE OF SAID LOT"J"AND WESTERLY RIGHT-OF-WAY OF AVENIDA
EVELITA;
THENCE SOUTH 000-02'45"EAST ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF
55.12 FEET TO THE POINT OF BEGINNING,
SAID PARCEL"A"CONTAINS 9,823 SQ-FT(0,225 AC.)
PREP 7 BY
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_ EXHIBIT "B-
CL RAMON ROAD
0
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N 89041'0 AW 100.00'
019'00 Q
- M J
LOT 5 CN b
b ��� w d�4 LOT I �
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N VISTA DEL C/EGO I I VISTA DEL GIELO NO 3
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DATA
O OELTAISEARING RADIUS LEN./DIST. LTANIGENr11 90-21'15- 20.00' 31,54' '
O 89°3845" 20.00' 31.29' '
0 40 1100
SCALE 1..40'
GRAPHIC SCALE
VA CA TION PLA T
SANBORN AID, Inc. OESIGN aY. $ „r. FILL N0.:
D.G.H. 1"
1227 S. GENE AUTRY TRAIL = 40' R-07-039
SUITE "C"
PgLM SPRINGS CA, 92264 CHECI4A 9M: W.O. SHEET ND.:
SAN6DRN TEL 766 325--9426 J.L.S. 07--107 1 OF 1
FAX 760 325-�5130
EXHMIT"A-2
POE VACATION LOT 5 VISTA DEL CIELO
R 07-39
THE SOUTHERLY FIVE FEET OF THE EASTERLY 113.28 OF LOT 5 OF VISTA DEL CIELO AS
FILED W MAP BOOK 20 AT PAGE 86,RECORDS OF RIVERSIDE COUNTY CALIFORNIA.
SAID PAR L CONTAINS 566.4 SQ.FT
REP D
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y`oNp4 LAMP SG
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0411 08 WO 07.107 PUr 04
¢ No,LS4146 O
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EXHIBIT "B- Z "
RAMON ROAD
q
u7
N 89041'00"W
I
LOT 5
06 LOT I
1� 123.28'
r-- 173.28' .
I
4 G\,�y
lIy O�V
�5 LOT 6 LOT 6
i
N 89 941'00"W I
4p c`v
CALLE DE RICARDO
w
W
40s1PH/COSCAGO 40 80
SCALE 1.•40'
s
APPROVED;
CITY OF PALM SPRINGS DAPUBLIC WORKS & ENGINEERING 7987
DEPARTMENT A i . DIRECTOR OF MUD WOWZI PL8
ASST. a1Y ENGINEER
P.U.E. VACAT13N PLAT DMON er. SCALE: FILE NO.:
LEGAL DESCRIPTION: D.M. 1" - 40' --
SEE EXHIBIT "A— CHEacm BY: W.O. / SxeL7 NO.:
J.L.S. 07--107 1 OF 1
i
EXIHBIT "A-3"
PUP VACATION LOT 6 VISTA DEL CIELO
R 07-39
THE NORTHERLY FIVE FEET OF THE EASTERLY 113.28 FEET OF LOT 6 OF VISTA DEL CIELO
AS FILM IN MAP 1300K 20 AT PAGE 86,RECORDS OF RIVERSIDE COUNTY CALIFORNIA.
SAID PARCEL CONTAINS 566.4 SQ,FT
PREP BY
S A/E
J L.SANBORN
twos wo07-107PUP
y`pN►CIANQS
J.L.SANBORN
� N0.L54146 O
a �
NT Expires 6-30-08 `q
1CR CA45FO�a
I
i
EXHIBI T "B- 3 "
RAMON ROAD
0
N 89041'00"W
LOT 5
FF-
Li J06 j
T2J.28'
3.28'
0
LOT 6 LOT 6
I
N 89*41100V
!3Q N
D
CALLS DE R/CARDO w
W
uj
W
40APH/20SCA 0 40 80
SCALE 7.•40'
s
APPROVED:CITY OF PALM SPRINGSPUBLIC WORKS & ENGINEERING n87
DEPARTMENT ASST. DIRECTOR OF PUBIC WORKS/ P.L.S.
ASST. CITY ENGINEER
P.U.E. VACATION PLAT DMV BY: S PAE "D-'
[7SLEE
DESCRIPTION: D.H. 1" = 40'
EXHIBIT "A- ' CHECKED Br W.O. ( SNEET No.:
J.LS. 07-107 1 OF 1
E' XT aA
P UE VACATION LOT I VISTA DEL CIELO_NO.3
R 07-39
THE SOUTHERLY FIVE FEET THE WESTERLY 100.00 FEET OF LOT 1 OF VISTA DEL CIELO NO.
3 AS FILED IN MAP BOOK 21 AT FADE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA.
SAID PAR L CONTAINS 500 SQ.FT
PRE B
SA EO yg\O�yAL LgNps�
1 _____ zi 3.L.SANBORN
04/1 09 WO 07-107 PUE M
a No.154148 p
NT Expires 8.30.08 \¢
gT�,OF CAL1F0 �
t
i
EXHIBIT "B- "
RAMON ROAD
N 89041'00"W
I
i
LoT S Jy5
- --------- - 62 LOX2-
LOTI
�G
10D.00 N 89°41 00"W
120.D0' 0 0' a
G�FY
LOT 6 P� LOT T
�5 LOT 6
N 89 041100V
CALLE DE RICARDO T
}
w
o GRAPHIC SCACE
40 ZO D 40 BO
Q SCALE 1.•40'
APPROVED. 7�
PAW
CITY OF PALM SPRINGS D
PUBLIC WORKS & ENGINEERING 7937
DEPARTMENT AM DIRECTOR OF PUBUO RKS/
ASST. CITY ERG EM 1
P.U.E. VACATION PLAT DESIGN BY. SCALE FILE HD.:
LEGAL DESCRIPTION: D.H. 1" = 40' --
SEE EXHIBIT "A— CHECKED BY. w.o. f SHELr Na.
J.L.S. 07-107 1 OF 1
i
EXHIBIT`°A- S»
PUE VACATION LOT 6 VISTA DEL CIELO NO.3
R 07-39
THE NORTHERLY FIVE FEET OF TILE WESTERLY 100.00 OF LOT 6 OF VISTA DEL CIBLO ND-3
AS FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA.
SAID PARCEL CONTAINS 500 SQ.FT
#8WO
C.
ANAL LAMO
7FUE J.L.SANBORN 9c
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9Cfi CAL�F�¢a
EXHIBIT "B— "
RAMON ROAD
I
N 89047 00V
LOT 5 �IyS
- - - ---- - ���' LOT 2
j LOT j
w r 5 54
a 'n 0l to
120.00' ._ .
- 100.G0' ` —
W N 89041100"W
20
P�
LOT 6 -40 LOT 7
LOT 6
N 89°4100"W
90
9
j CALLE DE RICARDO
LU
W
Gf?APH/C SCALE
1 w 40 20 0 40 80 11
� scALE r.•¢o'
pAW� APPROVED: 7-� b�
z CITY OF PALM SPRINGS
n PUBLIC WORKS & ENGINEERING 7987
'•L��{ai��' DEPARTMENT A55T. dRECTOR OF PUBLIC WORKS/ P.L.S.
ASST. OlTr ENGWEEiR
P.U.E. VACATION PLAT OwCN ar: SCALE: ALE NO.:
LEGAL DESCRIPTION: D.H. 1' 40'
SEE EXHIBIT "A— CHECKED Sr: w.a. I SHEET NO-
J.L.S. 07-107 1 OF 1