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HomeMy WebLinkAbout11/26/2002 - STAFF REPORTS (13) DATE: November 20, 2002 TO: City Council FROM: Director of Public Works/City Engineer GRANVIA VALMONTE 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 Granvia Valmonte in Section 10,Township 4 South, Range 4 East; File R-02- 047. 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 Indian Canyon Drive Two-Way Modification Project,City Project 00-35, as well as the development of the"PepperTree Inn" (formerly Lambs Garden building). City Project 00-35 is nearly complete, and has converted Granvia Valmonte to a narrower, two-way street with new diagonal parking adjacent to the Palm Canyon Theater complex,similar to the street-scape constructed along Arenas Road between Indian Canyon Drive and Calle Encilia. All of these improvements were related to the conversion of Indian Canyon Drive and Palm Canyon Drive from one-way to two-way traffic circulation from Granvia Valmonte to Alejo Road. The reduced street cross-section of Granvia Valmonte allows for the proposed vacation of excess right-of-way adjacent to the property being developed as the "Pepper Tree Inn". Granvia Valmonte is considered a local street, and is not designated on the General Plan. The proposed right-of-way vacation was determined to be consistent with the General Plan and was approved by the Planning Commission as part of Architectural Approval of the Pepper Tree Inn, Case No. 3.1018, at its September 11, 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 November 20, 2002, to hear all persons interested in or objecting to the right-of-way vacation. IN Granvia Valmonte Right-of-Way Vacation November 20,2002 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. Requests by various utility companies have been received for reservation of a public utility or access 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 Granvia Valmonte. SUBMITTED: DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAVID H. READY— City Manager ATTACHMENTS: 1. Resolution 2. Vicinity Map 3. Exhibits "A" and "B" PALM SPRINGS CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO VACATE GRANVIA VALMONTE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN thatthe City Council of the City of Palm Springs, California,will hold a public hearing to consider the proposed right-of-way vacation at its meeting of November 20, 2002. The City Council meeting begins at 7:00 P.M. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA. The purpose of the hearing is to consider vacating a portion of the right-of-way dedicated forthe public street named Granvia Valmonte as the vacated area is described and shown on Exhibits"A" and"B", attached hereto and made a part hereof,all in Section 10,Township 4 South, Range 4 East; File R-02-047; applicant City of Palm Springs. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence 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 proposed right-of- way vacation may be directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, extension 8744. PATRICIA A. SANDERS N n�EplR+tl� 7drb City Clerk Publish: November 11 , 2002 The Public Record I�IA3 EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: A portion of Lot"D", shown as Granvia Valmonte on the Map of Palm Springs Estates No.2, as recorded in Book 16, Page 49 of Maps, records of Riverside County, California, more particularly described as follows; Beginning at the southeast corner of Lot 23 of said Map; Thence, South 89°40'00"West, a distance of 266.43'feet along the northerly line of said Lot"D"to the southwest corner of Lot 22 of said Map; said corner being at a point 45.00 feet, as measured at right angles,from the centerline of Main Boulevard/County Highway as shown on said Map, now known as North Palm Canyon Drive; Thence South, a distance of 12.05 feet, parallel with the centerline of said North Palm Canyon Drive; Thence South 45*10'00" East, a distance of 11.92'feet to a point 12.00 feet, as measured at right angles,from the centerline of Granvia Valmonte as shown on said Map; Thence North 89°40'00" East, a distance of 244.73 feet, parallel with the centerline of said Granvia Valmonte; Thence North 44048'00" East, a distance of 18.82'feet to a point 45.00 feet, as measured at right angles,from the centerline of Indian Avenue as shown on said Map, now known as North Indian Canyon Drive; Thence North 00°04'00"West a distance of 7.23'feet, parallel with the centerline of said North Indian Canyon Drive, to the point of beginning. Said description contains 5,338 square feet, more or less. QFtOFESS/pNIZ Pn O 92 Z * No. C-28931 Exp.03-31-2003 STgT CIVIC- F OF �UEO DATE, 10 25 Oti FILE NO.: R-02-047 SHEET NO.: 1 OF 2 1 y�� EXHIBIT "B" i PALM SPRINGS ESTATES NO. 2 M.B. 16/49 s 51 LOT 22 LOT 23 a ¢ 0 13 12.05'uu .. P.O.B. I �4 �ps ism outh S.E. CORNER 3 <o O? a'� 2 L _ _ F _____—_Z77ANMTVALTA�'If NB9'40'OOE_ J QFtOFESSIOyq� VACATION AREA * No. C-28931 Exp.03-31-2003 S�qr C TV I\- F OF CP\-\FO DATE: /Q of PALM Sq P CITY OF PALM SPRINGS VACATION OF PUBLIC WORKS & ENGINEERING RIGHT—OF—WAY DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: JRM 1" = 50' R-02-047 CHECKED BY: W.O. / SHEET NO.: 2OF2 / y d!r .O�?ALM SAR City of Palm Springs Department of Public Works Engineering Engineering Division C RPORAiEO P 3200 Tahquitz Canyon Way • Palm Springs, California 92262 q�lFORN� TEL: (760) 323-8253 • FAX(760)322-8360 • TDD(760)864-9527 AFFIDAVIT OF POSTING NOTICES I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby certify that a copy of the Notice Of Intention To Vacate those portions of the public streets named Granvia Valmonte as described in Exhibit"A" and shown in Exhibit "B" (attached), was posted in Three (3) locations (as indicated on Exhibit `B"), on November 5, 2002. A copy of said notice is attached hereto. Dated at Palm Springs, California, this 5" day of November, 2002. DAVID J. BARAKIAN Director of Public Works &Engineering/City Engineer Department of Public Works and Engineering City of Palm Springs California Post Office Box 2743 • Palm Springs, California 92263-2743 PALM SPRINGS CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO VACATE GRANVIA VALMONTE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN thatthe City Council of the City of Palm Springs, California,will hold a public hearing to consider the proposed right-of-way vacation at its meeting of November 20, 2002. The City Council meeting begins at 7:00 P.M. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA. The purpose of the hearing is to consider vacating a portion of the right-of-way dedicated for the public street named Granvia Valmonte as the vacated area is described and shown on Exhibits"A"and"B",attached hereto and made a part hereof,all in Section 10,Township 4 South, Range 4 East; File R-02-047; applicant City of Palm Springs. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence 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 proposed right-of- way vacation may be directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, extension 8744. PATRICIA A. SANDERS City Clerk Publish: November 4, 2002 The Public Record EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: A portion of Lot"D", shown as Granvia Valmonte on the Map of Palm Springs Estates No.2, as recorded In Book 16, Page 49 of Maps, records of Riverside County,California, more particularly described as follows. Beginning at the southeast corner of Lot 23 of said Map; Thence, South 89°40'00"West, a distance of 266.43'feet along the northerly line of said Lot"D"to the southwest corner of Lot 22 of said Map; said corner being at a point 45.00 feet, as measured at right angles,from the centerline of Main Boulevard/County Highway as shown on said Map, now known as North Palm Canyon Drive; Thence South, a distance of 12.05 feet, parallel with the centerline of said North Palm Canyon Drive; Thence South 45010'00" East, a distance of 11.92'feet to a point 12.00 feet, as measured at right angles,from the centerline of Granvia Valmonte as shown on said Map; Thence North 89040'00" East, a distance of 244.73 feet, parallel with the centerline of said Granvia Valmonte; Thence North 44048'00" East, a distance of 18.82'feet to a point 45.00 feet,as measured at right angles, from the centerline of Indian Avenue as shown on said Map, now known as North Indian Canyon Drive; Thence North 00°04'00"West a distance of 7.23'feet,parallel with the centerline of said North Indian Canyon Drive,to the point of beginning. Said description contains 5,338 square feet, more or less. �oFESSI�� J. BqR FZ q * No C-28931 Exp.03-31-8003 Sx C1VI\- F OF OpuF DATE, ZS FILE NO.: R-02-047 SHEET NO.: 1 OF 2 EXHIBIT "B" PALM SPRINGS ESTATES NO. 2 M.B. 16/49 s`--I �! _15, I LOT 22 LOT 23I pl P I � 12.05' I P.O.S. o I South S.E. CORNER 13 U P U O v y 3�Z � z� 000. �_�_—_—_ ���._—_NB9'4000E_ QFtOFESSlO,yq� Fp,0) VACATION AREA o A��L c2 * N0. C-28931 Exp.03-31-2003 SJ9T CIVIC- e OF DATE, CITY OF PALM SPRINGS VACATION OF PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY * * DEPARTMENT LEGAL DESCRIP11ON: DESIGN BY: SCALE: FILE NO.: JRM 1" = 50' R-02-047 CHECKED BY: W.O. SHEET NO.: 20F2 Proof of Publication In Newspaper STATE OF CALIFORNIA Count of Riverside PALM SPRINGS CITY COUNCIL Y NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO VACATE GRANVIA VALMONTE RIGHT-OF-WAY Laura Reyes says. NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Sprigs,California,will hold public hearing to consider the proposed nghhoPway Vachon at its meeting of November 20, 1: I am a citizen of the United States, a 2002.The City Council meeting begins at 7:00 P.M.In the resident of the Cityof Indio, Count of City Council Chamber of City Hall,32M E.Tafpulfz Canyon Y Way,Palm Springs,CA. Riverside, State of California, and over The purpose oltbshearingis to consdervacarng a Dbihanof the age of 18 years. the right-ot-way dedicated for the public street named Granvia Valmonle as the vacated area is described and shown on 2. 1 am the Office & Production Manager Exhibits"Wand D",attached hereto and made a part hereof, all in Section 10,Township 4 South,Range 4 East,File H-02- of The Public Record, a newspaper of 047:application City of Palm Springs g p eneral circulation printed and published inEXHIBIT""" VACATION OF RIGHT-OF-WAY the City of Palm Springs, County of LEGAL DESCRIPTION A portion of Lot"D",shown as Granvia Valmonle on the Map o1— Riverside, State of California. Said The Palm Springs Estate No.2,as recorded in Book 16,Page 49 of Public Record is a newspaper of general Maps,records of Riverside Counts California,more partualm- ly described as follows. circulation as that term is defined in Beginning at the southeast corner of Lot 23 of said Map' Government Code section 6000 its Thence,Southrth Sly 40'line f s West, a distance of 266 west c feet , along the northerly Imo of said Lot"O"to the southwest corner status as such having been established of Lot 22 of said Map;said corner being at a point 45.00 feet, as measured at righ angles, from the centerline of Main by judicial decree of the Superior Court of Boulevard/County Highway as shown on said Map,now known the State of California in and for the as North Palm Canyon Drive, Thence South,a distance of 12 05 feel,parallel with the can- County of Riverside in Proceeding No. i terllne of said North Palm Canyon Drive: Indio 49271 dated March 31, 1987 Thence South 45a10'00"East, a distance of 1m 1 92'feet to a , point 12.00 feet,as measured at night angles,fro the center- entered in Judgment Book No. 129, line of Granvia Valmonle as shown on said Map, Thence Nadh 89°40'00'East,a distance of 244.73 feet,paral- page 355, on March 31, 1987. I lei with the centerline of said Samoa Valmonle, 3. The Public Record is a newspaper of Thence North 44"48'00"East,a distance of IS 82'feel to a point { 5 00 feet,as measured at right angles,from the cadence,of general circulation ascertained and Indian Avenue as shown on said Map,now known as North - established in the City of Palm Springs 't Indian Canyon Drive,Thence North 00r04'00"West of distance of 7.23'feel,parallel the County of Riverside, State of with the romanmz of said North Indian Canyon Drive' to the point Of beginning California, Case No. RIC 358286, Filed Said description contains 5,338 square feet,more or less June 8 2001. If any individual or group challenges the action in court,issues raised may be limited to only those issues raised at the public 4. The notice, of which the annexed is a hearing described In the notice or in written correspondence at, or prior to;the City Council hearing.An opportunity will be given true printed copy, was published in the at said hearing for all interlard persons to be heard Chadians newspaper on the following publication regarding this proposed right-of-way vacation may be directed to Marcus Linter,Senior Civil Engineer.Department of Public dates to wit: Works and Engineering,(760)323-8253,extension 8744 A SANDERS November 5, 2002 PATRICICITY CLERK November 12, 2002 November 5,12,200218 I certify under penalty of perjury that the above is true and correct. a".a. Dated at Palm Springs, California, this 12th day of November 2002. J 40ffie yes roduct n M ager \� n�� PALM SPRINGS CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO VACATE GRANVIA VALMONTE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN thatthe City Council of the City of Palm Springs, California,will hold a public hearing to consider the proposed right-of-way vacation at its meeting of November 20, 2002. The City Council meeting begins at 7:00 P.M. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA. The purpose of the hearing is to consider vacating a portion of the right-of-way dedicated for the public street named Granvia Valmonte as the vacated area is described and shown on Exhibits"A"and"B", attached hereto and made a part hereof,all in Section 10, Township 4 South, Range 4 East; File R-02-047; applicant City of Palm Springs. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence 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 proposed right-of- way vacation may be directed to Marcus Fuller,Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, extension 8744. PATRICIA A. SANDERS City Clerk Publish: November 4, 2002 The Public Record RESOLUTION NO. OFTHE CITY COUNCILOFTHE 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 GRANVIA VALMONTE IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-02-047 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 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 November20,2002,for City Council consideration ofvacating and closing to public use a portion of the right-of-way dedicated for the public street named Granvia Valmonte; 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 Granvia Valmonte, 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 forthe public street named Granvia Valmonte,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 Granvia Valmonte is unnecessary for present or prospective public use. Section 2. That,subject to Section 3,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 forthe public street named Granvia Valmonte,as the vacated area is described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 3. That the City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain sewers, drains, pipelines, cables, wires or any other facility of any governmental agency or utility corporation existing in, under, or over the vacated area, unless quitclaimed or released by the owner thereof. 1 d. RESOLUTION NO. Section 4. 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: W DESERT HOSPITAL oz TACHEVAH ROAD z Q RUTH HARDY U PARK 4 TAMARISK ROAD S I TE ALEJO ROAD W Fy 0 AMADO ROAD z o 0 z � � CONVENTION z CD CENTER W u `� TAHQUITZ CANYON WAY W z Q o W - J Q U �` PAMsq CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING VICINITY MAP DEPARTMENT J{G EXHIBIT "A" VACATION OF RIGHT-OF-WAY LEGAL DESCRIPTION: A portion of Lot"D", shown as Granvia Valmonte on the Map of Palm Springs Estates No.2, as recorded in Book 16, Page 49 of Maps, records of Riverside County, California, more particularly described as follows: Beginning at the southeast corner of Lot 23 of said Map; Thence, South 890 40'00"West, a distance of 266.43'feet along the northerly line of said Lot"D"to the southwest corner of Lot 22 of said Map; said corner being at a point 45.00 feet, as measured at right angles, from the centerline of Main Boulevard/County Highway as shown on said Map, now known as North Palm Canyon Drive; Thence South, a distance of 12.05 feet, parallel with the centerline of said North Palm Canyon Drive; Thence South 45'10'00" East, a distance of 11.92'feet to a point 12.00 feet, as measured at right angles,from the centerline of Granvia Valmonte as shown on said Map; Thence North 89°40'00" East, a distance of 244.73 feet, parallel with the centerline of said Granvia Valmonte; Thence North 44°48'00" East, a distance of 18.82'feet to a point 45.00 feet, as measured at right angles,from the centerline of Indian Avenue as shown on said Map, now known as North Indian Canyon Drive; Thence North 00°04'00"West a distance of 7.23'feet, parallel with the centerline of said North Indian Canyon Drive,to the point of beginning. Said description contains 5,338 square feet, more or less. QFtOFESS10Ng4 * No. C-28931 Exp.03-31-2003 Is, CIVIL F OF CgPL�Fo DATE, '✓�F �I'� n FILE NO.: R-02-047 SHEET NO.: 1 OF 2 y.d I/ EXHIBIT "B" I. r. PALM SPRINGS ESTATES NO. 2 M.B. 16/49 LOT 22 LOT 23 E ao I Soah S.E.P.O.B. ok3 Ylo Y o z F _L _ _ z Uo __—__—__ _—_____—__—__ 26fi.43' N89'4000 E . —7.2'' Flo �h S _l— NOOV40*0^W o QIz a "S.{9 3 5' o l �o.2 �° z Zi o0. . - _� !-- -- - --WAffM VALMONTE Ii 40'00"E pFtOFESSIpNq� VACATION AREAPn P G' * No, C-28931 Exp.03-31-2003 sTgT CIVIC F OF CPUF� DATE: 1Gak`'izr - T OF pALM1rsq CITY OF PALM SPRINGS VACATION OF PUBLIC WORKS & ENGINEERING RIGHT-OF-WAY *�4 F DEPARTMENT LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.: JRM 1" = 50' R-02-047 CHECKED BY: W.O. X SHEET NO.: 2OF2 / V1l C �`