HomeMy WebLinkAbout6/5/2002 - STAFF REPORTS (17) DATE: June 5, 2002
TO: City Council
FROM: Director of Public Works/City Engineer
EAST PALM 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 East Palm Canyon Drive in Section 25, Township 4
South, Range 4 East; File R-02-013.
SUMMARY:
The Streets & Highways Code of the State of California outlines the process that a
City must follow to vacate public rights-of-way. This step completes the City's
consideration of the proposed public right-of-way vacation.
BACKGROUND:
On May 1, 2002, City Council adopted Resolution No. 20316 declaring its intention
to vacate a portion of the right-of-way dedicated for the public street named East
Palm Canyon Drive and scheduled a public hearing for June 5, 2002, to hear all
persons interested in or objecting to the right-of-way vacation.
The proposed right-of-way vacation was determined to be consistent with the
General Plan and was approved by the Planning Commission at its December 22,
2000, meeting, as part of its approval of the Villa del Sol Apartment Complex, Case
No. 5.0843. Notices of the 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
East Palm Canyon Drive.
^ DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED: - �v!/a--
City Manager
ATTACHMENTS:
1. Resolution, 2. Vicinity Map, 3. Exhibits "A" and "B"
1&19
RESOLUTION NO,
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 THE
RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET
NAMED EAST PALM CANYON DRIVE IN SECTION 25,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-02-013
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, to vacate
and close to public use streets, or parts of streets, within the limits of the City; and
WHEREAS, on May 1,2002, the City Council did adopt Resolution No. 20316 declaring its
intention to vacate and close to public use that portion of the right-of-way dedicated for the
public street named East Palm Canyon Drive, and the City Council did post notice as
required by the statute, and did hold its public hearings as required by the statute; 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 the portion
of right-of-way dedicated for the public street named East Palm 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 aforesaid portion of
public roadway 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 that portion of right-of-
way dedicated for the public street named East Palm Canyon Drive,
as the vacated area is described and shown on Exhibits"A" and "B",
attached hereto and made a part hereof, a public street within the
City of Palm Springs, County of Riverside, State of California.
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.
I V
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:
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EXHIBIT W
LEGAL DESCRIPTION OF VACATION FOR PARCEL 1
THAT PORTION OF EAST PALM CANYON DRIVE (FORMERLY STATE HIGHWAY 111), PARCEL
7366-A PER CALTRANS RIGHT-OF-WAY MAP NO. 427582 AND NO. 429583 FILED 1/10164, AS
C.S. NO. 204-177 AND C.S. NO. 204-178, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 43 OF RECORD OF SURVEY, IN THE
CITY OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 32, PAGE(S) 89 AND 90 OF
RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY,
CALIFORNIA,
THENCE NORTH 38044'42" WEST, 456.98 FEET ALONG THE EASTERLY LINE OF SAID PARCEL
43 TO THE SOUTHEAST CORNER OF PARCEL 42 OF RECORD OF SURVEY, IN THE CITY OF
PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 32, PAGE(S)89 AND 90 OF RECORDS OF
SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA ,
THENCE, CONTINUING NORTH 38°44'42" WEST, 61.48 FEET ALONG THE EASTERLY LINE OF
SAID PARCEL 42 TO A POINT ON A TANGENT CURVE CONCAVE SOUTHWEST, HAVING A
RADIUS OF 1,448.00 FEET;
THENCE, NORTHWESTERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 42 AND
SAID CURVE, A DISTANCE OF 484.02 FEET THROUGH A CENTRAL ANGLE OF 19°09'08" TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 147.06
FEET AND TO WHICH POINT A RADIAL BEARS NORTH 14039'57" EAST;
THENCE, SOUTHEASTERLY ALONG SAID CURVE 49.71 FEET THROUGH A CENTRALANGLE OF
19022'01"TO A POINT ON A COMPOUND CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF
1,455.50 FEET AND TO WHICH POINT A RADIAL BEARS NORTH 34001'58" EAST;
THENCE, SOUTHEASTERLY ALONG SAID CURVE 437.50 FEET THROUGH A CENTRAL ANGLE
OF 17013'20" TO A POINT ON A LINE PARALLEL AND OFFSET 7.50 FEET EASTERLY OF THE
EASTERLY LINE OF SAID PARCEL 42 AND SAID PARCEL 43;
THENCE SOUTH 38044-42" EAST, 518.46 FEET ALONG SAID PARALLEL LINE;
THENCE SOUTH 51°15'18" WEST, 7.50 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 7,407 SQUARE FEET, MORE OR LESS.
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pq S8h CURVE DELTA RADIUS LENGTH TANGENT
Cl 19'09'08" 1448,00' 484.02' 244.29'
�9• t�� C2 19'22'01" 147M' 49.713 25.09'
C3 17" 3'20" 1455.50' 437.50' 220.41'
PARCEL 1 �'� c� LINE TABLE
LINE BEARING LENGTH
AREA TO L1 S51'15'18'NJ 7.50'
BE VACATED
LEGEND
RECORD DATA PER
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PHILLIP K. FOMOTOR DATE S.E. CDR. LOT 43
P.L.S. NO. 7070 PER R,S, 32/89-90
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VACATION OF
PUBLIC WORKS & ENGINEERING
N DEPARTMENT RIGHT OF WAY
LEGAL DESCRIPTION DESIGN BY: SCALE: FILE NO.:
BEING A PORTION OF EAST PALM CANYON DRIVE (FORMERLY 1" = 100' R-02-013
STATE HIGHWAY 111), PARCEL 7366-A PER CALTRANS RIGHT-OF-
WAY MAP NO. 427582 AND 427583 FILED 1/10/64, AS C.S. CHECKED BY: W.O. # SHEET NO.:
NO. 204-177 AND C.S. NO. 204-178 11 OF 1
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