HomeMy WebLinkAbout6/5/2002 - STAFF REPORTS (16) DATE: May 15, 2002
TO: City Council
FROM: Director of Public Works/City Engineer
ORANGE AVENUE 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
forthe public street named Orange Avenue in Section 19, Township 4 South, Range
5 East; File R-01-011.
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 April 24, 2002, City Council adopted Resolution No. 20311 declaring its intention
to vacate a portion of the right-of-way dedicated for the public street named Orange
Avenue and scheduled a public hearing for May 15, 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 March 27, 2002,
meeting. 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. A request
by Verizon has 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
Orange Avenue.
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
City Manager /
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" and "B"
RESOLUTION NO,
OFTHE CITY COUNCIL OFTHE 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 ORANGEAVENUE IN SECTION 19, TOWNSHIP
SOUTH, RANGE 5 EAST; FILE R-01-011
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 April 24, 2002, the City Council did adopt Resolution No. 20311 declaring
its intention to vacate and close to public use that portion of the right-of-way dedicated for
the public street named Orange Avenue, 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 Orange Avenue, 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 Orange Avenue, 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
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.
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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VICINITY MAP
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PUBLIC WORKS & ENGINEERING VICINITY MAP
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EXHIBIT "A"
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF BLOCK C OF PALM SPRINGS ADDITION NO. 1, AS SHOWN BY
MAP ON FILE IN BOOK 2 PAGE 27 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
DESCRIBED AS FOLLOWS:
THAT PORTION OF ORANGE AVENUE (40' FEET WIDE) LYING BETWEEN MESQUITE
AVENUE AND SUNNY DUNES ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT
NO. �2=d1 AS RECORDED aI- h '20 f Z002 , AS INSTRUMENT NO. 02-
4tkLV_L_, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE POINT
OF BEGINNING;
THENCE ALONG THE EAST LINE OF SAID PARCEL, NORTH 150.00 FEET;
THENCE LEAVING SAID LINE, EAST 40.00 FEET TO THE WEST LINE OF SAN DIEGO
PALM VALLEY COLONY LANDS PER MAP BOOK 14 PAGE 652;
THENCE ALONG SAID WEST LINE, SOUTH 150.00 FEET TO THE NORTH LINE OF
MESQUITE AVENUE,•
THENCE ALONG SAID NORTH LINE, WEST 40.00 FEET TO THE POINT OF BEGINNING.
PREPARED BY-
WARNER EN EER G
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WILLIAM H. WARNER
RCE 23256 * Exp. 12/31/05
LIC. EXP. 12-31-05
sT9T CIVIL ¢cP
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FILE NO.:
R-01-011
SHEET NO.:
1 OF 2
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EXHIBIT "B"
SUNNY DUNES ROAD
2 51
3 50 40'
4 49
PALM SPRINGS ADDITION NO. 1 48
6 47 2
7 46 Q Z
M. B. 2/2 7 41
8 BLOCK 45 41 Q N
2 9 c 44 2 � > -n
BLOCK B Q 10 43 O
q 11 O J
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LEGEND. O Z 12 PARCEL 1 40,00 C O 13 m
INDICATES LIMITS OF 14 LLA��pO7//
® STREET VACATION Q
ARE4=6,000.0 SO. FT. U 15 REC.3 °20 0
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23 30
24 BL G CK 29 40'
25 C 28
26 27
AM
of PALV Sq
9 CITY OF PALM SPRINGS VACATION OF
PUBLIC WORKS & ENGINEERING RIGHT OF WAY
DEPARTMENT
DESIGN BY: SCALE: FILE NO.:
1" = 100' R-01-011
ORANGE AVENUE
CHECKED BY: W.O. # SHEET NO.:
2 OF 2