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Home My WebLink About5/1/2002 - STAFF REPORTS (6) DATE: May 1, 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 adopt a resolution of intention to vacate 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 dictates the process that a City must follow to vacate public rights-of-way. This step initiates the process the Council must follow in considering the proposed public right-of-way vacation. BACKGROUND: On February 14, 2001, the City Council upheld on appeal the Planning Commission's approval of the Villa del Sal Apartment Complex, Case No. 5,0843, through Resolution No. 19992. This project involves the construction of 104 apartmentunits atthe southeast corner of East Palm Canyon Drive and Araby Drive. As part of the approval of this project, the Planning Commission and Council approved findings for a modified street cross-section for East Palm Canyon Drive adjacent to this project. Specifically, Section 7.1.5 of the General Plan allows modified cross-sections and special right-of-way widths where property can not be feasibly acquired or the nature of the terrain through which the street passes prohibits construction of the street to General Plan requirements. The General Plan requires this section of East Palm Canyon Drive to have an ultimate right-of-way width of 202 feet, which would allow for a major thoroughfare cross-section with frontage roads along either side. However, as East Palm Canyon Drive proceeds past Araby Drive, it elevates above the adjacent properties to cross the Palm Canyon Wash. It is for this reason that findings were made for a modified cross-section of East Palm Canyon Drive. To this end, a condition of approval for this project required the developer to vacate a strip of right-of-way adjacent to his property to allow for a modified cross-section and reduced right-of-way width to accommodate construction of a 30-foot wide on- site frontage road below and parallel with East Palm Canyon Drive. �19 East Palm Canyon Drive Right-of-way Vacation May 1, 2002 Page 2 If the City Council desires to consider the proposed right-of-way vacation, adoption of the attached Resolution of Intention will schedule a Public Hearing for June 5, 2002. JWL DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED-`�--1-' City Manager��- ATTACHMENTS: 1. Resolution 2. Vicinity Map 3. Exhibits "A" and "B" + LM T10 N City of Palm Springs Department of Public Works "�o * Engineering Division C ROORPT��e P 3200 Taliquirz Canyon Way • Palm Springs,California 92262 '4[1F0RN, TEL. (760) 323-8253 • PAX(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 Resolution of intention No. R20316 for the vacation of those portions of the public streets named East Palm Canyon Drive as described in Exhibit"A" and shown in Exhibit "B" (attached), was posted in Three (3) locations (as indicated on Exhibit`B"), on May 13, 2002. A copy of said notice is attached hereto. Dated at Palm Springs, California, this 13`s day of May, 2002. D Aa"�- 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 9 Palm Springs, California 92263-2743 d ✓�� .. �� ,I,,tt� .., PROOF OF PUBLICATION This is space fat County Clerks riling Stamp (2015.5.C.C.P) Na.1447 -- - - - --- --- - CITY OF PALM SPRINGS REVISED RESOLUTION NO. 20316 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTEN-. TION TO VACATE ITS RIGHT,TITLE AND INTER- EST IN A PORTION OF THE RIGHT-CF-WAY DEDICATED FOR THE PUBLIC STREET NAMED EAST PALM CANYON DRIVE, IN SECTION 25, STATE OF CALIFORNIA TOWNSHIP 4 SOUTH, RANGE 4 EAST, GILE R- County of Riverside 02-013. WHEREAS, the City Council of the City of Palm Spur-s, Cahfamlb,_a ^ .azed by did Pii - Streets,, FIF aYs and Service Eastments Vaca- tion Law, Part 3, Division 9 of the Streets and Highways Code of the State of California, to va- cate and close to public use streets, or parts of streets, within the hmi.s 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 far the public street named East Palm Canyon Drive in Section 25, Township 4 South, Range 4 East, a street within the Cityy of Palm Springs, County of Riverstle, State of Cali- f am a citizen of the United States and a resident of forma. the County aforesaid;I am over the age of eighteen Council of the City of Palm BE IT ESOLVED Spr Springs, asy thefollo City years,and not a party to or interested in the Section 1 That the City Council does hereby sig- above-entitled matter.I am the principal clerk of a nify and declare its intention to vacate that por- tion of the public street named East Palm Canyon printer of the,DESERT SUN PUBLISHING Drive, as described in Exhibit "A" and shown an Exhibit "B" attached hereto and made a part COMPANY a newspaper of general circulation, hereof. printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Comm of the Comity of Riverside,State of - - - California under the date of March 24, 1988.Case Number 191236;that the notice,of which the 71111e°use. " annexed is a printed copy(set in type not smaller than Ron pariel,has been published in each regular and entire issue of said newspaper and not in any VICINITYMAP _ supplement thereof on the following dates,to wit: l� Wh6—"ALL _ J May 1011 -------------------------------------------------------------- ------------------------------------------------------------- - 483 �.„titer Section 2 That the City En meer is to hereby All In the year 2002 conspicuously post notices of this street vacation [certify(or declare)under penalty of perjury that the Drive propoosedf toabeo portion at not Imo e nthan foregoing is true and correct. 300 foot intervals, but not lass than 3 in all on said portion of street Such notices shall state the 17th passage of this Resolution of Intention, and the time and place of hearing all persons interested Dated at Palm Springs,California this-------------day In, or objecting to, this proposed vacation May Section 3 That the 5th day of June, 2002, at the of---------------------------------------2002 hour of 7'00 P M, in City Council Chambei locat- ed at 3200 E. Tahquitz Canyon Way, Palm Springs California„is hereby fixed as the tuna and . n place of hearing any and all persons interested in of objecting to the than 15d street ysfr vacation, said time bong not less than 15 days from the date of' ______ adoption of this Resolution. Signature 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 1st day of May,2002 AYES: Members Hodges, Mdl s, Reller-Spurgin, and Mayor Klondienst NOES None ABSENT. Member Ode. ATTEST: CITY OF PALM SPRINGS CALIFORNIA By7s/Patinae A Sanders 7s/Davrd H.Ready City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM. PUB. May 14, 2002 \�, 1 w RESOLUTION NO. 20316 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 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 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 East Palm Canyon Drive in Section 25, Township 4 South, Range 4 East, a street within the City of Palm Springs, County of Riverside, State of California. NOW THEREFORE BEFIT RESOLVED by the City Council of the City of Palm Springs, as follows: c Section 1. That the City Council does hereby signify and declare its intention to vacate that portion of the public street named East Palm Canyon Drive, 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 East Palm Canyon Drive proposed to be vacated at not more than 300 foot intervals, but not less than 3 in all on said portion of street. 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 5"' day of June, 2002, at the hour of 7:00 P.M., in City Council Chamber, 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. r Resolution No. ?oiifi 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 1st day of M 2002. AYES: Members Hodges, M311s,Re11er-Spurgiu and Mayor7Kleindleubt NOES: None ABSENT: Member oden ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: /a/ Patricia A. Sanders /s/ David H. Ready City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM:_ ti z1~ 0 r Resolution 20316 Page 3 ` [� p J O J J LAm of U Q I` E. p M ESCOBA DR. w PROJECT SITE rO� m DR E. MORONGO TR. VICINITY MAP NOT TO SCALE y13 3 CITY OFrPALM SPRINGS y PUBLIC WORKS & ENGINEERING VICINITY MAP .� DEPARTMENT Resolution 20316 Rage 4 EXHIBIT'A" 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 1110/64, 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 38°44'42" 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 38044'42" 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 14939'57' EAST; THENCE, SOUTHEASTERLY ALONG SAID CURVE 49.71 FEETTHROUGH 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" FAST; THENCE, SOUTHEASTERLY ALONG SAID CURVE 437.50 FEET THROUGH A CENTRAL ANGLE OF 17613'20" 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 51615'18"WEST, 7.50 FEET TO THE POINT OF BEGINNING_ SAID AREA CONTAINS 7,407 SQUARE FEET, MORE OR LESS. 413 y 5�� 1.AN0 84 4.¢ 9G U Ft a-, PHIUIPK FIM!rnq 9 Na. 7070 a c /.IU/3IIb �r 1 OF 1 Resolution 20316 Page 5 • C2 ,L\ EXHIBIT "B" - �Or, CURVE TABLE p� s&ry CURVE DELTA RADIUS LENGTH TANGENT Nr O F C1 19'09'08" 144&00' 484.02' 244.29'sr• C2 19'22'01" 147.06' 49.71' 25.09' C3 17*13'20" 1455.50' 437.50' 220.41' PARCEL 1 cr C, LINE TABLE TO LINE BEARING LENGTH BE VACATED L1 S51'15'18"W 7.50' LEGEND N, < ) RECORD DATA PER P - a, R.S. 32/89-90 `6, J L V )l �o rf, ado, .o SCALE 1'=100' O � x ,A 214 7 GO �. Q• $ /y �9- R S. J- 2/89-9LI PARCEL 1 1 Sj j =+ PHiWP K FOMOTOR AREA No. 7070 ii / BE VACATED Q -q b•' \ Exp. 12--31-O 7 •D`� v� FOMOTOR INFER G �U6 low P.D.B. PHILLIP K. FOMOTOR DATE S.E. COR, LOT 43 P.L.S. NO. 7070 PER R.S. 32/89-90 CITY OF PALM SPRINGS y VACATION OF PUBLIC WORKS & ENGINEERING DEPARTMENT RIGHT OF WAY(/ cl � ` 'Y iF�F LEGAL DESCRIPTION DMa+ EM SCALE RE NO: BEING A PORTION OF EAST PALMrCANYON 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. f SHEET NO.- NO. 204-177 AND C.S. NO. 204-178 1 OF 1