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Home My WebLink About5/15/2002 - STAFF REPORTS (19) 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" rG I� 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 Resolution of Intention No. R20311 for the vacation of those portions of the public streets named Orange Avenue as described in Exhibit "A" and shown in Exhibit `B" (attached), was posted in Three (3) locations (as indicated on Exhibit `B"), on May 6, 2002. A copy of said notice is attached hereto. Dated at Palm Springs, California, this 6"day of May, 2002. t, DAVID J. BARAKIAN Director of Public Works &Engineering/City Engineer Department of Public Works and Engineering City of Palm Springs California /1 � z CITY OF PALM SPRINGS RESOLUTION NO. 20311 -- OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,DECLARING ITS INTENTION rO VACATE ITS RIGHT TITLE AND i NTEREST IN A PORTION OF THE RIGHT-OF- r �r WAY DEDICATED FOR THE PUBLIC STREET NAMED ORANGE AVENUE, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST: FILE R- fn ? `� 01-011- ��0 m WHEREAS, the City Council of e CIN of Palm J n Spring::, Caldornla, Is authorized by l e Public [° treats H'ipphwayyI and Service Easements Vaca- i tion Law, f++arc 3 Division 3 of the Streets and ' Higqhways Coda of the State of California, to vi- as a and close to public use ,treats or pans of slruat;, within the limits of the said pity, and PROOF OF PUBLICATION WHEREAS, the City Council intends to vacate and dose, to public use a pportion of Ihu right-cf- (2o15.s.C.C.P) way dedicated for the pubic street Pained Or- South, Ran Avenue, In Suction 1th n the n 4 South, Range 9 Lout, a sweet within the Ci yy of Palm Springs, County of Riveruide, Stets of Galifprnia. NOW THEREFORE BE IT RESOLVED by the City --- Council of the City of Palm Springs, as follow�� _ Section 1.That the Chv Council does hi,ruby slg- _ _ nify and declare d5 in[endon to vacate that pair—ton of the public street named Orange Avenue, ."I rlk,nL 1. 7N'„ , g�� a -d In Exhibit"A" and shown on Exinbit attached hcrcto mtl made a part hereof. -_, o nsiec 2. That the City Ef this r is m hereby f' along the lie post notices of this sired vacation along the line of that edema of Orange Avcnuc c.a proposed Iv bi-• vale[J�i�aai.,raol:c iha.-' 0 r foot Intervals, but not less than 3 in III on ,aid _ portions of streets ouch nooses shall state the figs ge of this Resolution of Intention, and the ..n..: time and place of hearing all persons in4.resred in, or objecting to, this: proposed vacation. Section 3.That the 1511,dsy of May 2002, al the hour of 7.00 P.M., in City Council bhembers lo- 7f catnd nt 3200 E. Tahqudz Canydn Way, Palm — ^-- — Springs Cilifornio, i3 hereby fixed as t a lime ram`_— ind place of hearingq an and ill persons Interest- ADOPTED this 24th day of April,2002. od in or obit Cling to the propoless than 5Ire y vaca- from tion said time being not less than is . from the date of adoption of this Rya dluhdn. AYES. Member:: Hodges, Mills, Odan, Feller- nd a resident Of Spurggin and Mayor Klemdlenst Section 4 That the City Clerk be and hcruby i;:, Nora Nona directed to cause this RuumILLion of Intention to ABSENT: None age Of eighteen be Published in a manner required by Section ed in the e322 of the otrccts and I-lighways Code ATTEST: CITY OF PALM SPRINGS CALIFORNIA ci al clerk Of a By:Is/Patna,t A Senders /s/Demd H Ready p Cg! Clerk CityManagqer 7� � REVIEWED AND ADOPTED S TO ,1SHINC HOLM circulation,FUD: May3.[002 printed and puDitsnea m the ctry ur Palm Springs,County of Riverside,and which newspaper has been adjudged a newspaper ofgeneral circulation by theSuperior Court of the County of Riverside,State of California under the dale of March 24, 1988.CaseNumber 191236;that the notice,of which the M 11 ` annexed is a printed copy(set in type not smaller .,cln wi MAF than non pariel,has been published in each regular -and entire issue of said newspaper and nor in any - supplement thereof on the following dates,to wit: May 3rd EA'I'CERTAIN REAL PROPERTY SITUATED IN Thi IN CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE DC STATE OF CALIFORNIA, DE- �----.....—......-----^ SCRIBED AS FOI-LOWS: All in the year 2002 BEING A PORTION OF BLOCK C OF PALM I certify(or declare)under penalty of perjury that the SPRINGS ADDITION NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 2 PAdg 27 OF MAPS RG- foregoing is true and correct. CORDS OF RIVERSIDE COUNTY DESCRIBED 6th AS FOLLOWS. Dated at Palm Springs,California this day THAT PORTION OF ORANGE AVENUE(40'FEET WIDE) LYING BETWEEN MESQUITE AVENUE May AND DESCRIBED AS FOLLOWS. PARTICU- of------- ,2002 BEGINNING AT THE SOUTHEAST CORNER OF PARCEL Y OF LOT LINE ADJUSTMENT NO. STRU E RECORDED MARCH p 2DS ASIV- ee ' STRUMENT NO. )2 A LIFO RECORDS OF THE YRSIDE COUNTY, CALIFGIkNIA BEING THE ----------------"---� POINT OF BEGINNING; Signature THENCE ALONG THE EAST LINE OF SAID PAR- CI:I., NORTH 150.00 FEET• YHENCE LEAVING SAID LINE. EAST' 40.00 FEET TO THE WEST LINE OF SAN DIEGO PALM VALLEY COLONY LANDS PER MAP BOOK 1A PAGE 552; THENCC ALONG SAID WEST LINE SOUTH 950.00 FEET TO THE NORTH LING OF MES- GuITE AVENUE; THENCE 0 00FT WEST TO HE POINT OF BEGINNING RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO VACATE ITS RIGHT,TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED ORANGE AVENUE, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R-01-011. WHEREAS, the City Council of the City of Palm Springs, California, is authorized by the Public Streets, Highways and Service Easements Vacation Law, 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 said City; and WHEREAS, the City Council intends to vacate and close to public use a portion of the right- of-way dedicated for the public street named Orange Avenue, in Section 19, Township 4 South, Range 5 East, a street within the City of Palm Springs, County of Riverside, State of California. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: r Section 1. That the City Council does hereby signify and declare its intention to vacate that portion of the public street named Orange Avenue, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Section 2. That the City Engineer is to hereby conspicuously post notices of this street vacation along the line of that portion of Orange Avenue proposed to be vacated at not more than 300 foot intervals, but not less than 3 in all on said portions of streets. Such notices shall state the passage of this Resolution of Intention,and the time and place of hearing all persons interested in, or objecting to, this proposed vacation. Section 3. That the 15" day of May, 2002, at the hour of 7:00 P.M., in City Council Chambers located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, is hereby fixed as the time and place of hearing any and all persons interested in or objecting to the proposed street vacation, said time being not less than 15 days from the date of adoption of this Resolution. Resolution No. 20311 Page 2 Section 4. That the City Clerk be, and hereby is, directed to cause this Resolution of Intention to be published in a manner required by Section 8322 of the Streets and Highways Code. ADOPTED this 94rh day of Anri:L 2002. AYES: Members Hodges, Mi:Lls, Oden, Reller—Spurgin and Mayor Rleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: /s/ Patricia A. Sanders /s/ David H. Ready City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: / GAy Resolution 20311 Page 3 � A 9C�c9ti 1' _= I HWY. 111 VISTA CHINO AHQUITZ CANYON WAY COMPADRE RD. Sl TE RAMON R AD SUNNY DUNES RD. J MES UITE of ORANGE AVE. AVE U MESQUITE AVENUE E. PALM CANYON �' W w OA ESCOSA DR. 2 � PALM � � I SPRINGS VICINITY MAP NO SCALE F�f PwY yqP CITY OF PALM SPRINGS H PUBLIC WORKS & ENGINEERING VICINITY MAP +�C �. DEPARTMENT Resolution 20311 Page 4 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 l: 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�ORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. Q2=0� AS RECORDED dt f-e—h '20 , 2--00_Z_ AS INSTRUMENT NO. 02- 4� 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 SA/D 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 SAND NORTH LINE, WEST 40.00 FEET TO THE POINT OF BEGINNING. PREPARED BY.- WARNER EN EER G Q4oFassIory4 ti ti o + WILLIAM H_ WARNER a No. 23256 ' RCE 23256 * Exp. 12Jsu05 LIC. EXP. 12-31-05 `rJ' CNIL tP qTF OF C Al.\FC¢� FILE NO.: R-01-011 SHEET NO.: 1 OF 2 Resolution 20311 EXHIBIT "B" Page 5 rE SUNNY DUNES ROAD 2 51 3 50 40' 4 49 PALM SPRINGS ADDITION NO. 7 48 6 47 Z O M. B. 2127 41 a BLOCK 45 Q Q Z 9 L' 44 BLOCK B Q 1 0 43LLJ O 0 LEGEND. � 12 PARCEL 1 0.0 r l U O LLA NO 13 �l i . Z � ® INDICATES LIMITS OF 14 p2_pl J STREET VACATION Q AREA=6,000.0 SQ. FT. U 15 REC.J�" I10 o Q QRpFESS/p^, I. 16 INST. NO. ��vov�rn H. Wyk 17 02 JINN l•_ ay �' 18 No. z P.O.B. 40.00' O MESQUITE AVENUE '0 CN1L O TE OF CALlFO� h 23 30 24 BL O CK 29 40 25 C 28 C t 26 27 OE PAL4`rA 9 CITY OF PALM SPRINGS VACATION OF y PUBLIC WORKS & ENGINEERING RIGHT OF WAY DEPARTMENT DESIGN BY: SCALE FILE NO.: ORANGE AVENUE 1' = 100' R-01-011 e CHECKED BY: W.O. / SHEET NO.: 2 OF 2 /�A 7