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Home My WebLink About9/3/2003 - STAFF REPORTS (12) DATE: September 3, 2003 TO: City Council FROM: Director of Public Works/City Engineer SUMMARY VACATION OF PUBLIC STREETS WITHIN TENTATIVE PARCEL MAP 18352 RECOMMENDATION: It is recommended that the City Council adopt a resolution for a summary vacation of public rights-of-way dedicated for various public streets within Tentative Parcel Map 18352 in Section 20, Township 4 South, Range 5 East, under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. SUMMARY: Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California allows for the summary vacation of public streets that have never been built, or haven't been used for a period of 5 consecutive years, and no public funds have been spent in the maintenance of the streets. Tentative Parcel Map 18352 was a commercial development proposed in 1983 on Tribal trust land, but was never completed as a project. The rights-of- way, however, for the proposed public streets were dedicated separately through the Bureau of Indian Affairs (BIA), but have never been constructed. This action will formally remove the existence of the rights-of-ways to allow for the subsequent development of the property as part of the Mid Valley Center (now known as the Indian Canyon Oasis). BACKGROUND: Ernie Noia, representing various Tribal landowners, submitted a request to vacate and terminate BIA easements for street rights-of-way for streets originally proposed as part of Tentative Parcel Map 18352, approved by the City Council on October 6, 1983. This development never proceeded past the tentative map stage, and subsequently expired. However, due to the fact that this property was owned in trust by underlying Tribal members, it was required that the dedication of street rights-of-way be processed through the BIA, and not on any final parcel map. As such, a BIA easement was accepted by the City for streets within the first phase of the tentative map, and recorded with the County. The request was submitted to the City at the time that the Mid-Valley Center Development (now known as Indian Canyon Oasis)was proposed for the area east of Crossley Road and north of Mesquite Avenue, a portion of which was previously proposed as Tentative Parcel Map 18352. In order to facilitate the proposed development, the recorded BIA easements for streets that were to be used as part of Tentative Parcel Map 18352 need to be vacated by the City of Palm Springs. The subject right-of-way may be summarily vacated pursuant to Section 8331 of the California Streets and Highways Code which allows for a summary vacation of public right- of-way if both of the following conditions exist:that for a period of five consecutive years the street has been impassable for vehicular traffic, and that no public money was expended for maintenance on the street during the last five consecutive years. Since its dedication to the City, the street rights-of-way have not been improved and have been impassable to public use. Summary Vacation of Public Streets Within Tentative Parcel Map 18352 September 3, 2003 Page 2 The Planning Commission determined that the proposed right-of-way vacation, Case No. 10.438,was consistent with the General Plan at its October 23,2002, Planning Commission meeting. Adoption of the following Resolution will formally vacate the existing public street rights-of-way. SUBMITTED: DAVID J. BARAKIAN Director of Public Works, City Engineer AP PROVE DAVID H. READY City Manager ATTACHMENTS: 1. Resolution 2. Exhibits "A" and "B" RESOLUTION NO. 20715 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN VARIOUS STREET RIGHTS-OF-WAY DEDICATED FOR PUBLIC STREETS PROPOSED WITHIN TENTATIVE PARCEL MAP 18352 IN SECTION 20, T. 4 S., R. 5 E; FILE R-00-030 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 to summarily vacate and close to public use streets or parts of streets within the limits of the City; and WHEREAS, the City council intends to vacate and close to public use the streets within Tentative Parcel Map 18352, located east of Crossley Road and north of Mesquite Avenue in Section 20 of Township 4 South, Range 5 East, said streets identified as Parcels 2 and 3 dedicated to the City of Palm Springs by an easement recorded January 27, 1984, as Instrument No. 18108; and WHEREAS, for a period of more than five consecutive years, said streets have been impassable for vehicular travel; and WHEREAS, for a period of more than five consecutive years, no public money was expended for maintenance on said streets; and WHEREAS, the Planning Commission has determined that the right-of-way vacation is consistent with the Circulation Element of the City's General Plan; and WHEREAS,the City Council has considered all evidence submitted concerning said portion of right-of-way dedicated to the City of Palm Springs, and the need therefore for present or prospective public road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1: The City Council does hereby summarily vacate and abandon all the City's right, title, and interest in that portion of right-of-way dedicated for public streets, as the vacated area is described and shown as "Parcel A" and "Parcel B" on Exhibits "A" and "B", attached hereto and made a part hereof, public streets within the City of Palm Springs, County of Riverside, State of California. Section 2: The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by her under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. Section 3: Upon recordation of this Resolution, the public streets dedicated to the City of Palm Springs as shown on the Exhibits "A" and"B" attached hereto, shall no longer constitute nor be considered as public streets. q 9 Resolution No. 20715 Page 2 ADOPTED this 3r1 day of September, 2003. AYES: Members Hodges, Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: Resolution 20715 Page 3 EXHIBIT "A" PARCEL A: That portion of the South 1/2 of the Northeast 114 of Section 20,T.4.S. RAE., San Bernardino Base Meridian, described as follows: Commencing at the center 114 corner of the said Section 20, said 114 corner also being on the center line of Crossley Road; Thence along the East-West center line of said Section, N89°56'00"E, 44.00 feet; Thence parallel to said center line of Crossley Road, N00016'12"W, 606.72 feet, to the POINT OF BEGINNING and 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 90000'00", a distance of 31.42 feet; Thence tangent to the last mentioned curve, N8904348"E, 105.00 feet,to the beginning of a tangent curve concave Southwesterly and having a radius of 20.00 feet; Thence Southeasterly along said curve through a central angle of 90°00'00", a distance of 31.42 feet; Thence tangent to the last mentioned curve, S00°16'12"E, 377.90 feet,to the beginning of a tangent curve concave Northwesterly and having a radius of 20.00 feet; Thence Southwesterly along said curve through a central angle of 26°23'04", a distance of 9.21 feet, to a point of reverse curvature and the beginning of a tangent curve concave Northeasterly and having a radius of 76.00 feet; Thence Southeasterly along said curve through a central angle of 142046'08", a distance of 189.38 feet,to a point of reverse curvature and 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 26°23'04", a distance of 9.21 feet; Thence tangent to the last mentioned curve, N89°43'48"E, 383.34 feet; Thence N00°16'12"W, 66.00 feet; Thence S89043'48"W,406.00 feet,to the beginning of a tangent curve concave Northeasterly and having a radius of 20.00 feet; Thence Northwesterly along said curve through a central angle of 90°00'00"a distance of 31.42 feet; Thence tangent to the last mentioned curve, N00016'12"W, 904.83 feet, to the beginning of a tangent curve concave Southeasterly and having a radius of 20.00 feet; FILE NO.: R-00-030 SHEET NO.: 1 `OF 4 l J Resolution 20715 Page 4 EXHIBIT "A" PARCEL A,CONTINUED: Thence Northeasterly along said curve through a central angle of 90°00'00", a distance of 31.42 feet; Thence tangent to the last mentioned curve, N89°43'48"E,406.00 feet; Thence N00016'12"W, 66.00 feet; Thence S89043148"W, 383.34 feet,to the beginning of a tangent curve concave Northeasterly and having a radius of 20.00 feet; Thence Northwesterly along said curve through a central angle of 26°23'04", a distance of 9.21 feet, to a point of reverse curvature and the beginning of a tangent curve concave Southeasterly and having a radius of 76.00 feet; Thence Southwesterly along said curve through a central angle of 142046'08", a distance of 189.38 feet,to a point of reverse curvature and the beginning of a tangent curve concave Southwesterly and having a radius of 20.00 feet; Thence Southeasterly along said curve through a central angle of 26°23'04", a distance of 9.21 feet; Thence tangent to the last mentioned curve, S00016'12"E, 375.61 feet,to the beginning of a tangent curve concave Northwesterly and having a radius of 20.00 feet; Thence Southwesterly along said curve,through a central angle of 90000'00", a distance of 31.42 feet; Thence tangent to the last mentioned curve S89°43'48"W, 105.00 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 20.00 feet; Thence Northwesterly along said curve through a central angle of 90000'00", a distance of 31.42 feet,to a point of cusp; Thence S00°16'12"E, 106.00 feet,to the POINT OF BEGINNING. PARCEL B: That portion of the South 112 of the Northeast 114 of Section 20,T.4.S. R.5.E.,San Bernardino Meridian, described as follows: Commencing at the center 1/4 corner of said Section 20; Thence N89°56'00"E, 663.01 feet; Thence N00°16'12"W, 122.35 feet; Thence S89°43'48"E, 17.99 feet; Thence N00°16'12"W, 66.00 feet; FILE NO.: R-00-030 SHEET NO.: 2 OF 4 1.4 V Resolution 20715 Page 5 EXHIBIT "A" PARCEL B.CONTINUED: Thence S8904348"W 100.00 feet to the POINT OF BEGINNING, and to the beginning of a tangent curve concave Northeasterly and having a radius of 20.00 feet; Thence Northwesterly along said curve,through a central angle of 90000'00", a distance of 31.42 feet; Thence tangent to the last mentioned curve, N00016'12"W, 904.83 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 90"00'00", a distance of 31.42 feet to a point of cusp; Thence S89°43'48"W 106.00 feet,to the beginning of a non-tangent curve concave Southwesterly and having a radius of 20.00 feet; Thence Southeasterly along said curve through a central angle of 90000'00",a distance of 31.42 feet; Thence tangent to the last mentioned curve, S00016'12"E, 904.83 feet,to the beginning of a tangent curve concave Northwesterly and having a radius of 20.00 feet; Thence Southwesterly along said curve through a central angle of 90°00'00", a distance of 31.42 feet to a point of cusp; Thence N89°43'48"E, 106.00 feet to the POINT OF BEGINNING. QROFESSIpNg4 h��4O J J. Bq Rq�i Fc 2 * N0. C-28931 Exp. 03-31-2003 `rT CIVI qrF OF ppCP��FO� DATE: ��d FILE NO., R-00-030 SHEET NO.- 3 OF 4 S Resolution 20715 Page 6 EXHIBIT "B" i� 383.34' rl ffPARCEL E_ 40fi.00' __O106 00'o , 1` PARCEL B I l of of 1 n ryI I CURVE DATA U2623'04" RADIUS LENGTH Jo os.a0' m N n 20' 31.42' � 5g9'43'46"x g m = a 76' 189.38' O i o5.ao i� 20' 9.21' O.B. I Parcel A U II m I n I � s I I QFtOFESSIpNq� O O_ _O40 6.00I Pa.rc.el BPOB. S _ (� No. C-28//)9 31SR9'43'46W n mA Exp. 03-31-2003 \P Tq CIVIL —44 o TF OF CPS\F� Q N69'56'00"E �7 P.O C., CEN. 1/4 COR SEC. 20 DATE: OF PALy sq P CITY OF PALM SPRINGS VACATION OF PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY DEPARTMENT LEGAL DESCRIP11ON: DESIGN BY: SCALE: FILE NO.: JRM 1" = 200' R-00-030 CHECKED BY: W.O. # SHEET NO.: 4OF 4