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HomeMy WebLinkAbout12/4/2002 - STAFF REPORTS (11) DATE: December 4, 2002 TO: City Council FROM: Director of Public Works/City Engineer SOUTH INDIAN CANYON DRIVE RIGHT-OF-WAY VACATION RECOMMENDATION: It is recommended that the City Council, after considering testimony received at the Public Hearing, adopt a resolution vacating a portion of the right-of-way dedicated for the public street named South Indian Canyon Drive in Section 15, Township 4 South, Range 4 East; File R-02-048. SUMMARY: The Streets & Highways Code of the State of California requires that the City hold a Public Hearing to discuss and review proposed right-of-way vacations. After consideration of testimony received at the Public Hearing, the City Council can consider denial or approval of the requested right-of-way vacation. BACKGROUND: This is a City-initiated right-of-way vacation, related to the development of the Downtown Parking Structure. Previously, on May 1, 2002, the City Council approved a special street section related to the Downtown Parking Structure, as part of its approval of Planned Development District (PD 275). In order to construct the parking structure to its required size, it was necessary to recommend a reduced street section and right-of-way width along the South Indian Canyon Drive frontage. The approved reduced street cross-section narrows the right-of-way to 38 feet,with the new curb located at 24 feet west of centerline. This reduced street cross-section did not change the number of travel lanes on South Indian Canyon Drive, but did require the elimination of parallel parking adjacent to the curb in front of the parking structure. South Indian Canyon Drive is a major thoroughfare designated on the General Plan. The proposed right-of-way vacation was determined to be consistent with the General Plan and was recommended for approval by the Planning Commission as part of its review of PD 275 at its April 24, 2002, meeting,subsequently approved by the City Council at its May 1, 2002, meeting. Staff forwarded the requested right-of-way vacation information to the City Clerk, and pursuant to Section 8320 of the Streets & Highways Code, the City Clerk administratively scheduled a public hearing for December 4, 2002, to hear all persons interested in or objecting to the right-of-way vacation. South Indian Canyon Drive Right-of-Way Vacation December 4, 2002 Page 2 Notices of the proposed right-of-way vacation have been posted within the vacation area, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. Existing utilities within the vacation area were removed or relocated during construction of the parking structure, and therefore, there is no need for a public utility easement within the vacation area. If the City Council desires to approve the proposed right-of-way vacation, adoption of the attached Resolution will vacate and close to public use the subject portion of South Indian Canyon Drive. SUBMITTED: � ` DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAVID H. READY City Manager C ATTACHMENTS: 1. Resolution 2. Vicinity Map 3. Exhibits "A" and "B" Proof of Publication In Newspaper STATE OF CALIFORNIA County of Riverside PALM SPRINGS CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO VACATE Laura Reyes says. SOUTH INDIAN CANYON DRIVE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN[hat the City Council of the City of 1. I am a citizen of the United States, a Palm Springs,California,will hold a public hearing to consider County of the proposed right- way-way vacation at its meeting of December resident of the City of Indio 4,2002 The City Council meeting begins at 700 PM.In the Riverside, State of California, and over City Council Chamber at City Hall,3200 E.Tahqul[z Canyon Way,Palm Springs,CA. the age of 18 years. The purpose of the hearing is to consider vacating a portion of 2. 1 am the Office & Production Mana er the rn Canyon dedicated for the public street named South g Indian Canyon Drive as the vacated area is described and of The Public Record, a newspaper of shown on Exhibits"A"and"B",attached hereto and made a part hereof,all in Section 15,Township 4 South,Range 4 East, general circulation printed and published in File R-02-645;applicant City of Palm Springs. the City of Palm Springs County of ra my individual be limited oup to only those es sues raised In court,issues r raised by be al or tl[0 only those issues es raised at the public Riverside, State of California. Said The -hearing described in this notice or In written correspondence at,-- or prior to,the City Council hearing. An opportunity will be Public Record is a newspaper of general given at said hearing for all interested persons to be heard. circulation as that term is defined n be directed regarding this proposed n,wl En-way r,Department may be Questions to Marcus Fuller,Senior agr Engineer,Department Government Code section 6000, its Public Works and Engineering,(760)323-9253,extension 8744 status as such having been established PalriciaA Sanders by judicial decree of the Superior Court of City Clerk EXHIBIT"A" the State of California in and for the VACATION OF RIGHT-0P—WAY County of Riverside in Proceeding No. LEGAL DESCRIPTION: Apo r of East Avenue, now known South Indian Indio 49271, dated March 31, 1987, Ca Drive,Drive, as shown on the Map Showing Resurvey of entered in Judgment Book No. 129, Townsite of Palm Springs,as recorded in Book 9,Page 432 of g Maps,records of San Diego County,California;a portion of Lot page 355, on March 31 , 1987. 'A"of Parcel Map No 13574,as recorded in Book 73,Page 52 of Parcel Maps,records of Riverside County,California,and a 3. The Public Record is a newspaper of portion of the right-of-way granted to the City of Palm Springs, general circulation ascertained and as shown in document no.67758, recorded June 30, 1966, records of Riverside County, California; more particularly established in the City of Palm Springs n described as follows: Beginning at the northeast corner of Let 18 of Block 28 of the County of Riverside, State of said Map Showing Resurvey of Townsite of Palm Springs,said California, Case No. RIC 358286, Filed point being 47.28 feet,as measured at right angles,from the centerline of said South Indian Canyon Drive; June 8, 2001. Thence, South 89-50'00" West, a distance of 2.71 feel along the northerly line of said Lot 18 to the southwest carnet 4. The notice, of which the annexed is a of that certain parcel of right-oFway granted in said document true printed copy, was published in the no.67758,said paint being 50.00 feet,as measured at right angles,from said centerline of South Indian Canyon Drive; newspaper on the following publication Thence, North 00-02'00"West, a distance of 25.00 feet along the westerly line of sold parcel of right-obway,parallel dates to wit. with saitl centerline of South Indian Canyon Drive; November 19, 2002 Thence,North BW58'0( East,a distance of 12.00 feet,to a point being 38.00 feet,as measured at right angles from said November 26, 2002 centerline of South Indian Canyon Drive, —Thence,South 00-02'00"East,a distance of 301.00 feel, parallel with said armistice of South Indian Canyon Drive, I certify under penalty of perjury that the Thence,South 40.01"West,a distance of 17.01 feet,to a point being 44.00 feet,as measured at right angles,from the above is true and correct. comedies of Lima Street, now known as Senate Road, as shown on said Map Showing Resurvey of Townsite of Palm Dated at Palm Springs, California, this Springs; Thence,South 89-50'00"West,a distance of 20.9E feet, 26th day of November 2002. parallel with said centerline el Boards Road,to a paint of cusp with a curve,concave northwesterly,said point being on the southerly line of Parcel 1 of said Parcel Map No.13574;a red[, of bearing from said point bears North 00"10'00"West; Thence,northeasterly along the length of said curve,a do- lance of 31.37 feet, through a central angle of 89-52'00"', to paint on the easterly line of said Parcel 1,said point being 50 00 feel,as measured at right angles,from said centerine of South Indian Canyon Dave; Thence, North 00"02'00"Was[, a distance if 169.05 feet Je yes / along the easterly line of said Parcel 1,parallel with said can- rodu n Manager tedine of South Indian Canyon Drive,to the northeast comer thereof,said point also being on the southerly line of Lot 17 of Block 28 of said Map Showing Resurvey of Townsite of Palm Springs, Thence,North 89150'00"East,a distance of 2 88 feet along said southerly Ime,to[he southeast corner of said Lot 17;said point being 47.12 feel.As measured at right angles,from said cenerlina of South Indian Canyon Drive; Thence, North 00"08'00"Wes[,a distance of 100.00 feet ✓ along the asset ly lines of said lots 71 and 18,to the paint of / beginning. `..�� Said description contains 2 square fee[,more or less f Novemberr 19,19,26,2002 RESOLUTION NO. OF THE CITYCOUNCILOFTHE CITY OF PALM SPRINGS, CALIFORNIA,VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED SOUTH INDIAN CANYON DRIVE IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-02-048 WHEREAS,the City Council ofthe 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 streets, or parts of streets,within the limits of the City; 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, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for December 4, 2002, for City Council consideration of vacating and closing to public use a portion ofthe right-of-way dedicated forthe public street named South Indian Canyon Drive; 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 portion of the public street named South Indian Canyon Drive, 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 subject portion of right-of-way dedicated for the public street named South Indian Canyon Drive, being the vacated area described and shown on Exhibits "A" and "B" attached hereto and made a part hereof, and the need therefor for present and prospective public road purposes. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That the City Council does hereby find that the subject portion of the public street named South Indian Canyon Drive is unnecessary for present or prospective public use. Section 2. That the City Council does hereby vacate and abandon all the City's right, title and interest in the subject portion of right-of-way dedicated for the public street named South Indian Canyon Drive, as the vacated area is described and shown on Exhibits"A"and"B", attached hereto and made a part hereof. RESOLUTION NO. Section 3. That 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. ADOPTED this day of , 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: qG z ALEJO ROAD — 0 0 z z Q Q AMADO ROAD 0 Q o z Q 0 D CONVENTION IL U CENTER Ld TAHQUITZ CANYON WAY C ' o Q Li CENTER Q CENTER BARISTO ROAD 0 W 0 _I J Q Q J Q W m RAMON ROAD SI TE of PALM Sa P CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VICINITY MAP * DEPARTMENT c�C I FGR' P � 3 EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: A portion of East Avenue, now known as South Indian Canyon Drive,as shown on the Map Showing Resurvey of Townsite of Palm Springs, as recorded In Book 9, Page 432 of Maps, records of San Diego County, California; a portion of Lot"A" of Parcel Map No. 13574,as recorded in Book 73, Page 52 of Parcel Maps, records of Riverside County,California; and a portion of the right-of-way granted to the City of Palm Springs, as shown In document no.67758, recorded June 30, 1966, records of Riverside County, California; more particularly described as follows: Beginning at the northeast corner of Lot 18 of Block 28 of said Map Showing Resurvey of Townsite of Palm Springs,said point being 47.28 feet, as measured at right angles,from the centerline of said South Indian Canyon Drive; Thence, South 89°50'00"West, a distance of 2.71 feet along the northerly line of said Lot 18 to the southwest comer of that certain parcel of right-of-way granted in said document no. 67758,said point being 50.00 feet,as measured at right angles,from said centerline of South Indian Canyon Drive; Thence, North 00°02'00"West,a distance of 25.00 feet along the westerly line of said parcel of right-of-way, parallel with said centerline of South Indian Canyon Drive; Thence, North 89°58'00" East,a distance of 12.00 feet,to a point being 38.00 feet, as measured at right angles,from said centerline of South Indian Canyon Drive; Thence, South 00"02'00"East, a distance of 301.00 feet, parallel with said centerline of South Indian Canyon Drive; Thence,South 40°07'31"West, a distance of 17.01 feet,to a point being 44.00 feet,as measured at right angles,from the centerline of Lime Street, now known as Barlsto Road, as shown on said Map Showing Resurvey of Townsite of Palm Springs; Thence, South 89'50'00"West, a distance of 20.98 feet; parallel with said centerline of Barlsto Road, to a point of cusp with a curve, concave northwesterly, said point being on the southerly line of Parcel 1 of said Parcel Map No. 13574; a radial bearing from said point bears North 00010'00"West; Thence, northeasterly along the length of said curve,a distance of 31.37 feet,through a central angle of 89°52'00",to point on the easterly line of said Parcel 1,said point being 50.00 feet, as measured at right angles,from said centerline of South Indian Canyon Drive; FILE NO.: R-02-048 SHEET NO.: 1 OF 3 EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION CONTINUED: Thence, North 00"02'00"West, a distance of 169.05 feet along the easterly line of said Parcel 1, parallel with said centerline of South Indian Canyon Drive,to the northeast corner thereof, said point also being on the southerly line of Lot 17 of Block 28 of said Map Showing Resurvey of Townsite of Palm Springs; Thence, North 89°50'00" East,a distance of 2.88 feet along said southerly line,to the southeast corner of said Lot 17; said point being 47.12 feet,as measured at right angles,from said centerline of South Indian Canyon Drive; Thence, North 00°08'00"West, a distance of 100.00 feet along the easterly lines of said Lots 17 and 18,to the point of beginning. Said description contains 3,502 square feet, more or less. QFtOFESSIpNq� w O 9y m * No. C-28931 Exp.03-31-2003 ST CIVIL aP qTe OF �UFpF� DATE; 5/n' nLE NO.: R-02-048 SHEET NO.: 2OF3 Qc s— EXHIBIT "B" 30 38' LOT 19 ®„ d 7,28' Q 5 fn C'4 P.O.B. 3 X" CD �. GO N.E. COR. Z ACV LOT 18 0 z O o O Q o N LOT 17 0 O LINE/CURVE DATA 6 Z O DELTA RADIUS LENGTH 7.12' 10 N89'50'00"E 20.98' © N40'07'31"E 17.01' 3 3Q 0 N89'58'00"E 12.00' o W ® N00'02'00"W 25.00' o > o (5) N89'50'00"E 2.71' z p © N89'50'00"E 2.88' Z 7) 89'52'00" 20' 31.37' b O _ N 3 0 >- Jam \ o " Q Lli < o c1 VACATION AREA Q J D] Z Q D_ UOf n p 0 Q a 2 0' ?,OFESSIO�yq� 0 0 Z OO * No. C-28931 Exp.03-31-2003 ST CIVI\- 44' qTF OF CA BARISTO ROAD N89'50'00"E DATE, r h of pALMSP CITY OF PALM SPRINGS x � VACATION OF PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: JRM 1" = 50' R-02-048 CHECKED BY: W.O. M SHEET NO.: 33OF3 LC �v