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5/21/2008 - STAFF REPORTS - 1.D.
tl, AM SA4 iy u m CITY COUNCIL STAFF REPORT May 21, 2008 PUBLIC HEARING Subject: RIGHT-OF-WAY VACATION OF 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-07-39 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets and Highways Code of the State of California requires that the City hold a Public Hearing to discuss and review the vacation of public right-of-way and easements. After consideration of testimony received at the Public Hearing, the City Council can consider denial or approval of the requested right-of-way vacation. RECOMMENDATION: 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. "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 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." STAFF ANALYSIS: On August 30, 2007, staff received an application from Ramon Office Building, LLC, to vacate a portion of public right-of-way dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo, and portions of public utility easements on Lots 5 and 6 of Item No. 1 • D • Avenida Evelita Right-of-Way Vacation May 21,2008 Page 2 Vista Del Cielo, and portions of public utility easements on Lots 1 and 6 of Vista Del Cielo No. 3. The requested right-of-way vacation is an element of a new professional office building approved for construction, identified by Case No. 3,3051 (MAJ), 6.499 (VAR). On June 27, 2007, the Planning Commission approved this development application for a new professional office building with associated parking lot, which includes a requirement to vacate the portion of Avenida Evelita between Ramon Road and Calle De Ricardo and certain public utility easements. The applicant owns the adjacent lots, and the intent of the proposed right-of-way vacation is to consolidate all of these lots, and the underlying street right-of-way, into a larger parcel necessary to construct the approved professional office building and parking lot. Avenida Evelita is a local street not shown or identified on the Circulation Element of the Palm Springs General Plan. Therefore, the requested right-of-way vacation has been determined to be consistent with the Palm Springs General Plan. During the entitlement review process, the Engineering Department reviewed the proposal to close-off Avenida Evelita, and recommended approval of the closure of this portion of Avenida Evelita to the Planning Commission as part of its approval of the related development application. It is the City Engineer's opinion that removal of the Avenida Evelita intersection at Ramon Road will improve traffic circulation on Ramon Road by eliminating a local intersection, and will not significantly impact the adjacent neighborhood. Sufficient alternative routes exist to the adjacent parallel streets (El Placer to the west and Paseo Dorotea to the east), both of which are signalized intersections at Ramon Road. There is no sewer or water, or other underground facilities within the subject portion of Avenida Evelita. Two existing street lights owned by Southern California Edison (SCE) will be removed from service (at the intersection of Avenida Evelita with Ramon Road, and Avenida Evelita with Calle De Ricardo). Only one overhead utility exists across the subject portion of Avenida Evelita, a communication line owned by Verizon, which will be re-routed and installed underground as part of the development of this project. The City Council's approval of this action will authorize the developer to enter the public right-of-way and remove the existing street improvements prior to the formal recordation of the Resolution of Vacation, allowing for removal of the SCE lights at Ramon Road and Calle De Ricardo, and for utility undergrounding and other work to commence. Concrete barriers will be installed at Ramon Road and Calle De Ricardo to temporarily close-off the street during construction of the site. Staff forwarded the requested right-of-way vacation information to the City Clerk, and pursuant to Section 8320 of the Streets and Highways Code, the City Clerk administratively scheduled a public hearing for May 21, 2008, to hear all persons interested in or objecting to the easement vacation. Notices of the proposed right-of-way vacation have been pasted within the vacation area, published in the local newspaper, and mailed to all public utility companies. Staff aid©�� Avenida Evelita Right-of-Way Vacation May 21, 2008 Page 2 recommends that the City Council adopt the attached Resolution, which will vacate the portion of right-of-way dedicated for Avenida Evelita between Ramon Road and Calle De Ricardo, and 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, all of which is necessary to develop the approved professional office building and associated parking lot. FISCAL IMPACT: None. David J. Barakian Thomas J. Wi0lon Director of Public Works/City Engineer Assistant City Manager David H. Ready, City r ATTACHMENTS: 1. Resolution 000© 3 ATTACHMENT 1 RESOLUTION 0000Cit RESOLUTION NO. 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 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-of-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 CaIIe 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", "B-4", 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 CaIIe De Ricardo, and the portions of public utility easements on Lots 5 and 6 of Vista Del Cielo, and portions of Resolution No. Page 2 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-3", "A-4", and "A-5"; and shown on Exhibits "13-1", "B-7, "13-3", "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-V and "B-1", 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 of 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-5"; and shown on Exhibits "13-1" "13-2", "B 3"" "134", 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 be recorded in the Office of the County Recorder of Riverside County. Upon 000006 Resolution No. Page 3 recordation of this Resolution, the subject portions of right-of-way shall be deemed vacated and closed to future public use. ADOPTED this 21 st day of May, 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 May 21, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN- 0 James Thompson, City Clerk City of Palm Springs, California ®0�® E7 i I Is'SIIIBIT"Arl`r VACATION LEGAL DESCRIPTION R 07-039 PARCEL"A" ALL THAT PORTION OF AVENIDA EVELITA BEING 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 BOOR 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"P', THENCE SOUTH 000-02'-15"FAST 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; THENCE SOUTHWESTERLY ALONG SAID CURVE AND NORTHERLY LINE OF SAID LOT"B" THROUGH A CENTRAL ANGLE OF 900-21'-15"AND A LENGTH OF 31.54 FEET TO THE NORTH LINE OF SAID LOT"B'; THENCE SOUTH$90 4 V-00"EAST ALONG THE NORTH LINE OF SAID LOT`B"AND ITS EXTENSION THEREOF A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT"D"AND THE POINT OF CUSP OP CARVE 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-OF- WAY OF CALLE OF 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 00°-02'-15"WEST ALONG SAID EAST LINE A DISTANCE OF 118.00 FEET TO THE 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 90c-2 V-15"AND A LENGTH OF 31.54 FEET TO THE SOUTHERLY RIGHT- OF-WAY OF RAMON ROAD; THENCE NORTH 890-4V-00"WEST ALONG SAID SOUTH 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 THROUGI•I SAID CURVE BEARS NORTH 000-19'-00"EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE WESTERLY RIGHT-OF-WAY OF AVENIDA EVELITA TITROUGH A CENTRAL ANGLE OF 89°38'A5"AND A LENGTH OF 31.29 FEET TO THE WEST LINE OF SAID LOT"P'AND WESTERLY RIGIIT-OF-WAY OF AVENIDA EVFLITA; TI4ENCE SOUTH 000-02'-15"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(0225 AC.) i PREP BY C S A NC. S�ONAL I-A rG ¢tug J.LSANBORN 9m 7 L. AwoOioN noror 7 � No.LS4146 0 L cp Expires 6.80-08 -VT � EOp('pl�F04 f a ��d� CY i i EXH/B/_T B— 1 RAMON ROAD 0 d I h N 89041'0 "W 100.00" o g'DD"E (R) J O Q M J O LOT 5 LOT I C\0 G\� N 4 N° LOT 6 z� �o ti z LOT 6 \ � o J _ 30.00, 0 9.p0' SR I o LOT B' ` —N 89041'00"W 100.00 LOT A" o VISTA DEL CIELP i - i VISTA DEL CIELO NO. 3 N 89°41'00zw a CALLS DE RICARDO DATA Q DELTA/SEARING RADIUS LEN/DIST. TANGENT 0 9002P15- 20.00' 31.54' 20.12' 2 89'38 45" 20-00' 1 31,29' 1 19.88' 0 40 80 5G,4L6 1,•40' GRAPH/C SCALE VA CA TION PLA T ® SANBORN A/E, Inc. DmcN ar. SCALE: FILE NO-; 1227 S. GENE AUTRY TRAIL D.G.H. 1" a 40' R-07-039 SUITS "C" CNECKU ffr W.D. I SNEEf ND,; SANBORN PALM SPRINGS CA. 92264 TEL 760 325-9426 J.L.S. 07-107 1 OF 1 FAX 760 325-5130 EXHIBIT"A-2" PUr 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 IN MAP BOOK 20 AT PAGE 86,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PAR 'L CONTAINS 566.4 SQ.FT REP D SA 0 ,IN - p4 LR/Vo JO �`' d,L.SANBORN 0411 08 W007.101 PIM Y m w No.LS4146 0 0 Expires 6.30-08 `q t� 9�FOF CA4�PO2, 00i00'S� i EXHIBIT "B— 2 i I RAMON ROAD j i CD N 89041'00"W LOT 5 LOT1 10 2 GI0 : 123.28' 1132&' I I v in qF�� 11 LOT 6 LOT 6 N 89041'00-W { © I CALLE DE RICARDO I W W � 40 2APH/C0SCAL0 40 so Z SCALE is 40' PA A ti°� s� CITY OF PALM SPRINGS APPROVED: OA PUBLIC WORKS & ENGINEERING ° 7S57 �+c,nG�" DEPARTMENT ASST. DIRECTOR OF PUBLIC WORKS/ P.L$. ASST. CTY ENGINEER P.U.E. VACATION PLAT DESIGN Or. SCAUD FILE NO.: LEGAL DESCRIPTION: D.H. 1" = 40' -- SEE EXH1131T "A— " CHECKED SY: W.O. SHEET No.: J.L.S. 07-107 1 OF 1 I I I EX UBTT"A-3" PUR 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 j AS FILED IN MAP BOOK 20 AT PAGE 86,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 566.4 SQ.FT PREP k BY SA A/E 7 L.SANBORN Np,L LAN /12/08 W007-107PUE y�o os G J.L.SANBORN m cc No.LS4146 0 a � NT Expires 6-30.08 ��OF CAl-�FO�a f�I P �'le I i EXHIBI T "B- 3 j RAMON ROAD W L le N 89041'00"W LOT 5 j 1010 zs LOT ! Iry a �= 123, '3.28 28' 0 Q�v P LOT 6 LOT 6 i N 89°41'00"W ap N I e CALLE DE R/CAADD w w 40 2 APH//C0SCAL0 40 80 2 SCALE 4-40' APPROVED: CITY OF PALM SPRINGS Dym PUBLIC WORKS & ENGINEERING 7gs7 Gcf �r DEPARTMENT ASST. DIRECTOR OF PueuC WORKS/ AMT. CIYT ENGINEER P.U.E. VACATION PLAT DESIGN By.- SCALE FlLE ND.: LEGAL DESCRIPTION: D.M. 1" = 40' -- SEE EXHIBIT "A— cRECKED Dr. W.O. ► SHEET NO.: J.L.S. 07-107 1 OF 1 l 000 a�.3 I i i I EXHIBIT"A=Q" PUE VACATION LOT 1 VISTA DEL C1ELO NO.3 R 07-39 THE SOUTHERLY FIVE FEET THE WESTERLY 100.00 FELT OF LOT 1 OF VISTA DEL CIELO NO. 3 AS FILED IN,MAP BOOK 21 AT PAGE 35,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PAR L CONTAINS 500 SQ.FT PRE RE B SA BO IN pNAL LA y�SG I L.SA �<v J.L. LA 0411 08 W0 07-107 Pue O M a Na 154146 a p * x N� Expires 6.30-pB 9 � OF CAO � I I� 1 f 000014 i I EXHIBIT "H- q " RAMON ROAD i N B9°41o0"w I LOT 5 y6 LOT 2 jP LOTI j 4i Q U� __`` a 5E \O310 a N 89041'00"W 120.00 0 0' a LOT B J�5 qP LOT 6 LOT 7 N 89041'00"W F3Q 0 ti CALLE DE R/CARDO a w o GRAPHIC 5CAL s W 40 20 0 40 BD SCALE P 40' APPROVED: ZP ae PAL1I.sq x CITY OF PALM SPRINGS � " PUBLIC WORKS & ENGINEERING 7997 k �9c�Faa�•r DEPARTMENT ASST. DIRECTOR OF PUBLIC RKS/ P.LS ASST. CITY ENGINEER P.U.E. VACATION PLAT DESIGN BY. SCALE FILE NO.; LEGAL DESCRIPTION: D.H. 1" = 40' -- SEE EXH1131T "A- " CHECKED BY: W.O. f SHEET NO.: J.L.S. 07-107 1 OF 1 i EXM)3IT«A_ „ I PUT VACATION LOT 6 VISTA DEL CIELO NO.3 R 07-39 THE NORTHERLY FIVE FEET OF THE WESTERLY 100.00 OF LOT 6 OF VISTA DEL CICLO ND-3 AS FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 500 SQ-FT PREP Y SA C. S�ONAL LANpSG rallvo L.SANEORN PUC �V J,L.5ANBORN 'Pt, m a No.L84146 a to Expires 6-W 08 9�aF CA4�Fd4� l t I I EXHIBIT "B— S " RAMON ROAD i i i N 89 041 100"W I I LOT 5 5 y LOT 2 j LOT 1 j Lq a3 30. O 12o.oa', w N 89041'00"W f- �0 V 20' 5� LOT 6 �` LOT T LOT 6 N 89 641'00"W f Gip I CALLS DE RICARDO w GRAPHIC SCALE W 40 20 D 40 80 SCALE 4-40' � (jg �oF pAW P CITY OF PALM SPRINGS APPROVED: ° PUBLIC WORKS & ENGINEERING & V 7997 DEPARTMENT ASST, DIRECTOR OF PUBUr WORKS/ ASST. CITY ENGINEER P.U.E. VACATION FLAT DESIGN er. SCALE FlRE NO.: LEGAL DESCRIPTION: D.H. 1° = 40' -- SEE EXHIBIT "A-- " CHECKED BY: W.O. / SKEET NO.: j J.L.S. 07-107 1 OF 1 ffp 0000` 7 , CITY OF PALM SPRINGS PUBLIC HEARING? NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: May 21, 2008 Subject: Right-of-Way Vacation Avenida Evelita between Ramon Road and Calle De Ricardo AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on May 1, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. /7 Dolores Strickstein, Secretary AFFIDAVIT OF PUBLICATION 1, James Thompson, City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on May 3, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. ?mes2Tho�mpson, Gity Clerk No.1446- --- - NOTICE OF PUBLIC NEARING CITY COUNCIL CITY OF PALM SPRINGS NOTICE 19 HEREBY GIVEN that the City Council of the Cdy of Palm Springgs,California,in accordance with Chapter 3 Pert a, Division 9 of the CNilorma Streets and Highways Code will hold a Public Hearing PROOF OF PUBLICATION to consider vacatingg a potion of public fight-af-way for Avantde Evellta up wash Ramon Road and Calls De Rlcsrdo;and to consider vacaling and closing to publlC (20I 5.S-C.C.P) u^a hoNans of pulbsc utility easements on Lola 5 and B of Vista Del Ciao,.Ind portions of ppublic utility eam- menls on Lols 1 and 6 of Vista Dot Curia No 3,attach- ad horelo and made a pan hereof;CIry File R 07,039; an application made through the City of Palm Springs. ApuPublic llc right ola-Tway shal to l held on Mnyny j�i2pOBub_hlyelyt CI u a Chllam6an of CiPyln Hell Slo�ce etl at the 3200C�E. Tehqul�Canyon way Palm Springs,California. COMMENT ON THIS APPLICATION' Rosponse STATE OF CALIFORNIA to this notice can be made verbally at Zhu Public Hear-' Inq aed/or in writing before the hearing.Written cam-' County of Riverside menta may he mede to the City Council of the City of Palm Springs by letter(for mall or hand delivery)to James Thompson,City Clark 3200 E Tartu Canyon Way P O.Box 27A3 Palm Spnngs,CA 92263 If any Individual or gproup challenga3 the proposed easement vacation action In court,issues raised may� be limited to only those i5wuos raised at the Pyblic am a citizen of the United States and a resident of Hearing described In the notice or In wrRlon carve the County aforesaid; I am over the age of eighreen m rnenca submitted at or prior to the City Council- 9 years,and not a part) to or interested in f h e An opportunity will be pwen at said heannp for all inler- above-entided matter. I am the principal clerk of a ested parsons to be Beard. Guoslimu regarding this ca3a may be directed to Marcus Fuller,Assistant O'ruc- printer of the,DESERT SUN PUBLISHING for of Pubic Works(Assistant City Enginoor, Cepan- COMPANY a newspaper of general circulation, 8253ment of 87aa Works and Ereginoormg (760) 323- printed and published in the city of Palm Springs, sLnr•caoita ayude con a^.la calla,potavor uame a la, County of Riverside,and which newspaper has been Ciudad de palm $ppnngpa y puede halls' con Felipe adjudged a newspaper of general circulation by the Primate telelono(760)923-8?,53,ext e742. Superior Court of the County of Riverside,State of James Thompson California under the date of March 24, 1988.Case EXHIBIT"A-1 City C lurk Number 191236;that the notice,of which the VACATION'LEGAl�-DESCHIPTION annexed is a printed copy(Set in type not smaller R 07-0se Than non PARCEL"A" aerial,has been published in each regular � and not in any ALL THAT PORTION OF AVENIDA EVELITA BEING and entire issue of Said newspaper y A PORTION OF LOT"J" "B"AND 5 OF VISTA DEL supplement thereof on the following dates, to wit: CIELO AS FILED IN MAP BOOK 20 AT PAGE 86 AND A PORTION OF LOT A','D"AND 1 OF VISTA DEL CIELG NO 3 AS FILED IN MAP BOOK 21 AT PAGE, May ant,2008 55 RECORDS OF RIVERSIDE COUNTY GALIFOR- NIA DESCRIBE,AS FOLLOWS ________________ _------_______-----........... BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5 AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID AVENIDA EVELITA AND 1HE WEST LINE OF SAID LOT"J" THENCE ------- ......................... ------ $OCT1,I 00-02'-15"EAST ALONG LINE A DISTANCE OF 62.88 FEE TO THE NORTHEAST CORNER OF All in the year 2008 SAID LOT'B" SAID CORNER BEING THE BEGIN, KING OF A TANGENT CURVE CONCAVE NORTH- WESTERI,Y AND HAVING A RADIUS OF 20.00 I certify(or declare)under penalty of perjury that the FEET THENCE SOUTHWESTERLY ALONG SAID CURVE foregoing is true and correct. AND NORTHERLY LINE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF go-241.16 AND A LENGTH OF 3154 FEET TO THE NORTH LINE OF ih -_-- SAID LOT'B; Dated at Palm Springs,California this----9 day THENCE SOUTH 89 -41•00" EAST ALONG THE NORTH LINE OF RAID LOT B• AND ITS EXTEN- SION-THEREOF A DISTANCE OF 100 00 FEET TD A of---------- May ---.----,200$ POINT ON THE NORTHERLY LINE OF-SAID-LOT"D". AND THE POINT OF CUSP OF CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET A RADIAL BEARING PASSES THROUGH SAID CURVE BEARS SOUTH 00-19-00 EAST SAID POINT ALSO BEING ON THE NORTH- ERLY RIGHT-OF•WAY OF CALLE OE RICARDO; _ — THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Be-26.45"AND _„ ignfflUre A LENGTH OF 31.29 FEET TO A POINT ON THE EAST LING--OF-SAID-r,6T'A• AND THE EAST RICHT-OF•WAY OF AVENIDA EVELITA; = THENCE NORTH 00 .02'-15" WEST ALONG SAID Cn, EAST LINE A DISTANCE OF 11800 FEET TO THE ?V� BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF �.i 20.00 FEET; 'THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 .+-J -21'-15 AND A LENGTH OF-31 64 FEET TO THE C cor SOUTHERLY R)CHT-OF-WAY OF RAMON ROAD' THENCE NORTH 89 41'-00' WEST ALONG SAID L,J r SOUTH RIGHROF-WAY A DISTANCE OF 1o000 h�L•_ G� FEET TO THE POINT OF CUSP OF A CURVE CON- YU _ .LV of 200 FEE SOUTHWESTERLY RADIALO BEARING RADIUS i>" a < THROUGH SAID CURVE BEARS NORTH 00-19'-00" N �+' •`,1 � THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE WES'TC-RLY RIGHT-OF-WAY OF AVENIDAI EVELITA ND A LENGTH OF 3I29 FEET TO TOH59 WEST LINZ OF SAID LOT'J'AND WESTERLY RIGHT-OF- WAY TNCCEA$OUTH EVELITA,, 5' EAST ALONG SAID WESTERN RIGHT-OF-WAY A DISTANCE OF 55,12 FEET TO THE POINT OF BEGINNING. SAID PARCEL"A"CONTAINS 9823 SO F-f(022S AC.) EXHIBIT"A•2" PUE VACATION-EOT 5 VISTA DEL CIELO R 07-39 - THE SOUTHERLY FIVE FEET OF THE EASTERLY 113.28 OF LOT 5 OF VISTA OEL CIELO AS FILED IN MAP BOOK 20 AT PAGE BG,RECORDS OF RIVER- SIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 566 4 50,FT EXHIBIT A-3" PUE VACATION LOT-6 VISTKML CIELO R 07-39 THE NORTHERLY FIVE FEET OF THE EASTERLY 11328 FEET OF LOT 6 OF VISTA DEL CIELO AS FILED IN MAP BOOK 20 AT PACE B6,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 5E6 d SO.FT EXHIBIT"A-4" PUE VACATIONTOTTVISTA DEL CIELO NO.3 R B7-3B THE SOUTHERLY FIVE FEET THE WESTERLY 1T0 FEET OF LOT I OF VISTA DEL CIELO NO 3 A$FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS SOO 80.FT EXHIOIT'A-5 PUE VACATION LOT S VISTA DEL CIELO NO.3 R 07-39 THE NORTHERLY FIVE FEET OF THE WESTERLY 100.00 OF LOT G OF VISTA DEL CIELO NO.3 AS FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 50050 FT PUbllfhed:5rNOB NOTICE OF PUBLIC HEARING CITY COUNCIL, CITY OF PALM SPRINGS NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, in accordance with Chapter 3, Part 3, Division 9, of the California Streets and Highways Code, will hold a Public Hearing to consider vacating a portion of public right- of-way for Avenida Evelita between Ramon Road and Calle De Ricardo; and to consider 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, attached hereto and made a part hereof, City File R 07-039; an application made through the City of Palm Springs- A Public Hearing to consider vacation of the subject public right-of-way shall be held on May 21, 2008. The City Council meeting begins at 6:00 P-M. in the City Council Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council of the City of Palm Springs by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 If any individual or group challenges the proposed easement vacation action in court, issues raised may be limited to only those issues raised at the Public Hearing described in the notice or in written correspondence submitted at, or prior to the City Council Hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Marcus Fuller, Assistant Director of Public Works/Assistant City Engineer, Department of Public Works and Engineering, (760) 323-8253, ext. 8744- Si necesita ayuda con esta cart@, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253, ext. 8742- mes Thompson ity Clerk EXHIBIT "A-1" VACATION LFCAL DESCRIPTION R 07-039 PARCEL"A" ALL TUAT PORTION OF AVENIDA EVELITA BF.TNG A PORTION Of L01 "J", "B"AND 5 OF VISTA DEL CIELO AS F1LLD 1N MAP BOOK 20 AT PAGE 86 AND A PORTION OF LOT"A", "D"AND 1 OF VISTA DEL CIELO NO. 3 AS FILED IN MAP BOOK 21 AT PAGE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA,DESCRIBED AS FOLLOWS; I3EGTNNING AT THE 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"7",THENCE SOUTH 000-02'-15"EAST ALONG LINE A DISTANCE OF 62.88 FEET TO THE NORTIIEAST CORNER OF SAID LOT"B", SAID CORNER BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20,00 FEET, TIIENCE SOUTIIWLSTLRLY ALONG SAID CURVE AND NORTHERLY LINE OF SAID LOT"B" THROUGH A CENTRAL ANGLE OF 90 21'-15"AND A LENGTH OF 31.54 FELT TO THE NORTH LINE OF SAID LOT"8'; TI-IfNCE SOUTH 890-4F-00"EAST ALONG THE NORTH LINE OF SAID LOT"B"AND ITS EXTENSION THEREOF A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT"D"AND THE POINT OF CUSP OF CURVE CONCAVE NORTHRASTF,RLY AND HAVING A RADIUS OF 2000. FEET,A RADIAL BEARING PASSES THROUGH SAID CURVE BEARS SOUTI-I 006-19'-00"EAST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-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 00°-02'-15"WEST ALONG SAID LAST LINE A DISTANCE OF 118.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FL'•LT;THLNCL^'NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900-21% 15"AND A LENGTH OF 3154 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF RAMON ROAD; THENCE NORTH 890-4l'-00"WEST ALONG SAID SOUTH RIGIIT-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 THROUGII SAID CURVE BEARS NORTH 00°-19'-00"EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE WESTERLY RIGHT-OF-WAY OF AVENIDA LVL^L1TA THROUGH A CENTRAL ANGLE OF 890-38'-45"AND A LENGTH OF 3129 FEET TO THE WEST LINE OF SAID LOT"7"AND WESTLRI.Y RIGHT-OF-WAY OF AVENTDA EVELITA; THENCE SOUTH 000-02'-15"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.) FXFTTBIT "A- 2 " PUE VACATION LOT 5 VISTA DEL CIELO R 07-39 THE SOUTHERLY FIVE FEET OF TEIL EASTERLY 11328 OF LOT 5 OF VISTA DEL CIELO AS FILED IN MAP BOOK 20 AT PAGE 86,RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SAID PARCEL CONTAINS 566 4 SQ.FT 0nce'% 0 EXHIBIT "A- 3 " PUE VACA110N LOT 6 VISTA DEL CIELO R 07-39 THE NORTIIERLY FIVE FEET OF THE EASTERLY 113,28 FEET OF LOT 6 OF VISTA DEL CIELO AS FILED IN MAP BOOK 20 AT PAGE 86, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, SAID PARCEL CONTAINS 566.4 SQ.FT EXHTBT'T' "A- 4 „ PUE VACATION LOT 1 VISTA DEL CIELO NO.3 R 07-39 THE SOUTHERLY FIVE FEET TIIE WESTERLY 100.00 FEET OF LOT I OF VISTA DEL CIFLO NO. 3 AS FILED IN MAP BOOK 21 AT PACE 55,RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 500 SQ,FT EXHIBIT "A- 5 " PUE VACATION LOT 6 VISTA DEL CIELO NO.3 R 07-39 THE NORTHERLY FIVE FEET OF THE WESTERLY 100.00 OF LOT 6 OF VISTA DEL CIELO NO. 3 AS FILED 1N MAP BOOK 21 AT PAGE 55, RECORDS OF RIVERSIDE COUNTY CALIFORNIA. SAID PARCEL CONTAINS 500 SQ. FT GGG52?_