HomeMy WebLinkAboutCC RES 88-118RESOLUTIpN Np. 88-118
A RESOlUTION OF T?� CITY COUNCIL OF TFIE CITY OF pALM DESERT,
GLIFORqIA, VACATING A PORTION OF RIGHT-Of-MAY KNOMN AS
PALM DESERT DRIVE NORTH IN SAID CITY U!lDER THE PROVISIONS
OF PART 3, DIVISION 9, OF TFIE STREETS AND HIGHMAYS OOOE OF
TF� STATE OF CALIFORNIA.
WHEREAS, the City Council initiated proceedings to vacate a portion of
a street in the City of Palm Desert, more particularly described in Exhibits "A"
and "B" attached hereto, and the City Council finds that said notices of such
vacation were published and posted as required by law; and
WHEREAS, the City Councii on the Sth day of September, 1988, held a
public hearing, as required by law, at which hearing all persons interested in or
objecting to the proposed vacation were heard, and said public hearing was duly
and regularly closed; and
WHEREAS, the City Council of the City of Palm Desert considered such
matter and finds from the evidence submitted that portions of the street
described in Exhibits "A" and "B" are unnecessary for present or prospective
public purposes.
NOW, THEREFORE, the City Council of tbe City•,of Palfi D�.sert,
Ca 1 i forn i a, DOES HEREBY RESO�VE as fo 1 1 ows : :� ., ,"; `' �� �•., ��� ,
. ,
I
That the following described portions of right-of-way known as Palm
Desert Drive North in the City of Palm Desert be vacated subject to and retaining
all public utillty easements existing within said public right-of-way. Said
portion of street to be vacated is located in the City of Palm Desert, County of
Riverside, State of California, and is described as set forth in Exhibits "A" and
"B" attached hereto.
II
That the vacation of this portion of right-of-way is subject to and
contingent upon the completion of City of Palm Desert Conditional Use Permit No.
87-10, Palm Desert City Council Resolution No. 88-29. [n the event that the
project approved as Conditional Use Permit No. 87-10 is not completed, the effect
of this street vacetion shall become null and void.
I[i
The City Clerk of the City of Palm Desert, California, shall cause a
certified copy of this resolution and order to be recorded in the Office of the
County Recorder of Riverside County, California.
RESOLUTION NO. 88-118
2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, Californla, on this 8th day of September, 1988, by the following vote,
to wit:
AYES: Crites, Kelly, Snyder, Wilson & Benson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
.
SHEILA R. LLIGAN, C CLERK
CITY OF PALM DESERT, LIFORNIA
\� � A 1
, ,
✓ �"'� -'-�.i,�.tiiv�
:1�AN M. BEN N, MAYOR
CITY OF PALM DESERT, CALIFORNIA
✓�
�
„ RESOLDTION NO. 88-118
'��m '��"� �ENDI`ICKS � �-+J �CIATES INC.
i:';�
q`:� G�6 W. Commonwealth Ave. - Suile C
tt,;i �,. ,
6'�'� ^ Fullerton, Califomia 92632
(714) II70-G1f32
Atlantic Richfield Co.
�v��C Hwy. 111
and Portola Ave.
Palm Desert, California
C.U.P. 87-10
LEGAL DESCRIPTION OF
PROPOSED.STREET:ABANDONMENT
L.:�� _s�,i, �� .
�,��
Planning
• Surveying =
• Civil Engineering
• Land vevelopment Consulting
That portion of the East half of Section 20, Township 5 South, Range
6 East, San Bernardino Base and Meridian, described as follows:
Beginning at the Southwest corner of Parcel 3 per deed recorded
June 21, 1977 as Instrument No. 114984 of Official Records, said
Southwest corner being on a curve concave Northerly and having a
radius of 19,920.00 feet, a radial to said Southwest corner bears
South 0° 40' 58” West; thence Easterly along the Southerly line of
said Parcel 3 through a central angle of 0° 22' 54", an arc distance
of 132.69 feet to a point distant 50.00 feet Westerly, measured at
right angles, from the center line of Portola Avenue as shown on Map
of Palm Village Unit No. 6 recorded in Book 20, Pages 81-83 of Maps
'records of Riverside County, a radial to said point bears South
0° 18' 04" West' thence South 0° 13' 00" East, parallel with said
center line 14.73 feet to the beginning of a curve concave
Northwesterly and having a radius of 27.00 feet; thence Southwesterly
along said curve through a central angle of 90° 35' 42" an arc distance
of 42.69 feet to the beginning of a compound curve concave Northerly
and having a radius of 19,962.00 feet, a radial to said compound
curve bears South 0° 22' 42" West; thence Westerly and parallel with
said Southerly line of Parcel 3 through a central angle of 0° 18' 16"
an arc distance of 106.07 feet to a point on the Southerly prolongation
of the Westerly line of said Parcel 3, a radial to said point bears
South 0° 40' S8" West; thence North 0° 40' 00" East along said Westerly
line 42.00 feet to the POINT OF BEGINNING.
NOTE: Anyone using this description is cautioned that Title Insurance
Companies have the right to refuse to insure any description unless
it meets with their requirements. Tliis description should be sent
to the title company that will be asked to insure title for their
review and approval.
Our Job # 1344
RESOLDTION NO. 88-118
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RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY �F PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
DOC # 2009-0182272
04/14/2009 08:00A Fee:NC
Page 1 of 6
Recorded in Official Records
County of Riverside
Larry W, Ward
Assessor, County Clerk & Recorder
IIIIII IIIIiII IIII IIIII IIIII llll I
Illlll III IIIII IIII llll
S R U PAGE SIZE DA MlSC LONG RFD COPY
M A L 465 426 PCOR NCOR SMF NCHG EXAM
�C�' �.T . � ;� T: CTY UNI � ..�
Vacating a Portion of Right-of-Way
as Palm Desert Drive North
� � n
�V �
Kn own o3a ��
in Said City Under the Provisions of Part 3, Division 9, of the Streets
and Highways Code of the State of California
RESOLUTION NO. 88-118
(ARCO Petroleum Products, Applicant)
.�
"; .
(Title of Document)
���IpN �q. 88-118
A RESOLUTION OF T?E CITY OOUNCIL OF Ti�E CITY OF PALM DESERT,
CALiFORN1A, W1GITING A PORTION OF RIGHT-UF-MAY KNOIiN AS
PALM DESERT DRIVE NORTH IN SAID CITY UNOER THE PROVISIONS
OF PART 3, D1VIS[ON 9. OF THE STREETS AND HIGHNAYS OODE OF
1?E STATE Of CALIFORNIA.
MHEREAS, the City Council initiated proceedings to vacate a portion of
a street in the City of Palm Desert, more particularly described in Exhfbits "A"
and "B" attached hereto, and the City Council fi�ds that said notices of such
vacation were published and posted as requlred by law; and
WHEREAS, the City Council on the 8th day of September, 1988, held a
public hearin9, as requlred by law. at which heartng all persons i�terested in or
objecting to the proposed vacation Were heard. and said public hearing was duly
and regularly closed; and
WHEREAS, the City Council of the City of Palm Desert considered such
matter and finds from the evidence submitted that portions of the street
descrfbed in Exhibits "A" and "B" are unnecessary for present or prospective
public purposes.
NOW . THEREFORE , the C i ty Counc i 1 of tbe C 1 ty►, of . Pa 1 rf� D�.sert .
Cal ifornia, DOES HEREBY RESOLVE as fol lows: :� ,,.,'� `� ti�••.�.� �;
. �•
I
That the following descrlbed portions of right-of-Way known as Palm
Desert Orive North 1n the City of Palm Desert be vacated subJect to and retaining
all public utillty easements existing Within said public right-of-way. Said
portion of street to be vacated is located in the City of Palm Desert, County of
Riverside, State of Callfornia, and is described as set forth fn Exhibits "A" and
"B" attached hereto.
lI
That the vacation of this portion of right-of-way is subject to and
contingent upon the completion of City of Palm Desert Condttional Use Permit No.
87-10. Palm Desert City Councll Resolution No. 88-29. In the event that the
project approved as Conditional Use Permit No. 87-10 is not completed. the effect
of this street vacetion shall become null and void.
I[I
The City Clerk of the C1ty of Palm Desert, California, shall cause a
certifled copy of this resolutio� and order to be recorded in the Office of the
County Recorder of Riverside County, California.
1
RESOLiTTION NO. 88-118
PASSED, APPROVED, and ADOPTEO by the City Council of the City of Palm
Desert, Californla, on this 8th day of SeDtember, 1968, by the following vote.
to wit:
AYES: Crites, Kelly, Snyder, Wilson & Benson
NOES: None
ABSENT: None
ABSTAIN: None
,
. ,l
' � �e
,,
J ��U '-yvCL�✓L
:1�AN M. BEN , MAYOR
CITY OF PALM DESERT, CALIFORNIA
✓�
ATTEST:
. �
SHEILA R. LLIGAN, C CLERK
C1TY OF PALM DESERT, LIFORNIA
EACH OOCUMENT TO WHICH THIS CERTIFiCATE 13
ATTACHED. IS CERTIFtED TO BE A FULL, TRUE AND
CORfiECT COPY OF THE ORIGINAL ON FtLE AND ON
FiECORD IN MY OF ICE.
Dated:
RACHELLE D. KLASSEN, City Clerk
C' f rt, Calif ia
�
�
2
RESOLDTION NO. 88-118
� S ����'� �iENDRICKS t`� �� �CIA"fES INC.
9,•''� , G16 W, Commonv�-ealth Aee. - Suile C
�'�� �'�' Fullerton, Cali(omia 92632
(714) b70-G1f32
Atlantic Richfield Co.
NWC Hwy. 111
and Portola Ave.
Palm Desezt, California
C.U.P. 87-10
LEGAL DESCRIPTION OF
PROPOSED.STREET:ABANDONMENT
Eghibit "A"
Planning
• Surveying �
• Civil Engineering
� Land Uevelopment Consullin6
That portion of the East half of Section 20, Township 5 South, Range
6 East, San Bernardino Base and Meridian, described as follows:
Beginning at the Southwest corner of Parcel 3 per deed recorded
June 21, 1977 as Instrument No. 114984 of Official Recvrds, said
Southwest corner being on a curve concave Northerly and having a
radius of 19,920.00 feet, a radial to said Southwest corner bears
South 0° 40' S8" West; thence Easterly along the Southerly line o�
said Parcel 3 through a central angle of 0° 22' 54", an arc distance
of 132.69 feet to a point distant 50.00 feet Westerly, measured at
right angles, from the center line of Portola Avenue as shown on Map
of Palm Village Unit No. 6 recorded in Book 20, Pages 81-83 of Maps
'records of Riverside County, a radial to said point bears South
0° 18' 04" West' thence South 0° 13' 00" East, parallel with said
center line 14.73 feet to the beginning of a curve concave
vorthwesterly and having a radius of 27.00 feet; thence Southwesterly
along said curve through a central angle of 90° 35' 42" an arc distance
of 42.69 feet ta the beginn�ng of a compound curve concave Northerly
and having a radius of 19,962.00 feet, a radial to said compound
curve bears South 0° 22' 42" West; thence Westerly and parallel with
said Southerly line of Parcel 3 through a central angle of 0° 18' 16"
an arc distance of 106.Q7 feet to a poi.nt on the Southerly pralongation
of the Westerly line of said Parcel 3, a radial to said point bears
South 0° 40' S8" West; thence North 0° 40' 00" East along said Westerly
line 42.00 feet to the POINT OF BEGINNING.
NOTE: Anyone using this descript-ion is cautioned that Title Insurance
Companies }iave the right to refuse to insure any description unless
it meets with their requirements. This description should be sent
to the title company that will be asked to insure title for their
review and approval.
3 Our Job # 1344
c
RESOLDTION N0. 88-118
Eghibit "B"
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LARRY W. WARD
COUNTY OF RIVERSIDE
ASSESSOR-COUNTY CLERK-RECORDER
CERTIFICATION
Recorder
P.o. BoX �s t
Rivetside, CA 92502-0751
(951)486-7000
www.riversideacr.com
Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of pery'ury
that the following is a true copy of illegible wording found in the attached document:
(Print or tvpe the paqe number(s) and wordinq below):
RESOLIITION NO. 88-118
Page 1- Fourth Paragraph reads as follows:
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY RESOLVE as follows:
Date
ril 7, 2009
�
signature: , f % . � � �-
;
Print Name: M. Gloria Martine
ACR 601P-AS4RE0 (Rev. 09/20051
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL:76o 346-o6ii
FAX: 760 340-0574
info@palm-desert.org
May 5, 2009
ARCO Petroleum Products
17315 Studebaker Road
Cerritos, California 90701-1458
Dear Sir or Madam:
Subject:
At its regular meeting of September 8, 1988, the Palm Desert City Council considered
the subject matter and took the following action:
Waived further reading and adopted Resolution No. 88-118, vacating the
subject public right-of-way.
Enclosed for your records is a fully executed and recorded copy of Resolution No.
88-118. If you have any questions or require any additional information, please do not
hesitate to contact us.
Sincerely,
U-NOTION
.•
RACHELLE D. KLASSEN, CIVIC
CITY CLERK
RDK:mgm
Enclosure (as noted)
cc: Mark Greenwood, P.E., Director of Public Works
G.lCityClrklGlaria Maft.A-elt.192-VerationARes 88-118-ARCOAd c
ae
pea nmrzooe enoau rule
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
G. CONSIDERATION OF A REQUEST FOR STREET VACATION - PALM
DESERT DRIVE NORTH (FRONTAGE ROAD), WEST OF PORTOLA
AVENUE. ARCO PETROLEUM PRODUCTS, APPLICANT.
Mr. Folkers reviewed the staff report, noting that this
would vacate the street so that the Arco project could go
forward.
Mayor Benson declared the public hearing open and Invited
testimony in FAVOR of this request.
MR. CRAIG YAMASAKI, representative from Arco, commended
the Council and staff on their hard work relative to this
project.
Mayor Benson invited testimony In OPPOSITION to this project,
and none was offered. She declared the public hearing closed.
Councilman Wilson moved to waive further reading and adopt
Resolution No. 88-118. vacating the right-of-way as shown In Its Exhibits
"A" and "B". Motion was seconded by Snyder and carried by unanimous vote
of the Council.
H. CONSIDERATION OF A REQUEST FOR STREET VACATION - SUNSET
LANE BETWEEN ABRONIA TRAIL AND EL CAMINO.
Mr. Folkers reviewed the staff report, noting that staff's
recommendation was to open the public hearing and receive
testimony and then continue It to the hearing when the
applicant's appeal of a Planning Commission denial of
project is heard, as right-of-way will not be necessary 1f
the project Is not approved. Mr. Diaz added that concerns
had been raised at the Planning Commission hearing by
adjacent property owners.
Mayor Benson declared the public hearing open and Invited
testimony in FAVOR of this request.
MR. STEVEN SULLIVAN, 73-700 Highway III, stated that it
was his understanding that this issue would be continued.
He said the staff report indicated that this project and
the one to the north were linked: however, they are not.
He said the accessway would service both projects only.
Mayor Benson Invited testimony In OPPOSITION to this request.
MS. DODY JESKE, 74-402 Abronia, stated she lived north of
the subject property. She was opposed to the owner taking
26
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
DOC # 2009-0182272
04/14/2009 08:00R Fee:NC
Page 1 of 6
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
111111 I111111 IN 111111111111111111111 I 111111111111111
S
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PAGE
SIZE
DA
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COPY
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1 426
1 PCOR
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SMF
NCHG
EXAM
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T:
CTY
UNI
Vacating a Portion of Right -of -Way Known
as Palm Desert Drive North
in Said City Under the Provisions of Part 3, Division 9, of the Streets
and Highways Code of the State of California
RESOLUTION NO. 88-118
(ARCO Petroleum Products, Applicant)
(Title of Document)
It,
RESOLUTION No. 88-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, VACATING A PORTION OF RIGHT-OF-WAY KNOWN AS
PALM DESERT DRIVE NORTH iN SAID CITY UNDER THE PROVISIONS
OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA.
WHEREAS, the City Council initiated proceedings to vacate a portion of
a street in the City of Palm Desert, more particularly described in Exhibits "A"
and "B" attached hereto, and the City Council finds that said notices of such
vacation were published and posted as required by law; and
WHEREAS, the City Council on the 8th day of September, 1988, held a
public hearing, as required by law, at which hearing all persons interested in or
objecting to the proposed vacation were heard, and said public hearing was duly
and regularly closed; and
WHEREAS, the City Council of the City of Palm Desert considered such
matter and finds from the evidence submitted that portions of the street
described In Exhibits "A" and "B" are unnecessary for present'or prospective
public purposes.
NOW, THEREFORE, the City Council of the dIty.,of• Palih Dipert,✓i
California, DOES HEREBY RESOLVE as follows: �' +� .'�•
I
That the following described portions of right-of-way known as Palm
Desert Drive North in the City of Palm Desert be vacated subject to and retaining
all public utility easements existing within said public right-of-way. Said
portion of street to be vacated is located in the City of Palm Desert, County of
Riverside, State of California, and is described as set forth in Exhibits "A" and
"B" attached hereto.
I
That the vacation of this portion of right-of-way is subject to and
contingent upon the completion of City of Palm Desert Conditional Use Permit No.
87-10, Palm Desert City Council Resolution No. 88-29. in the event that the
project approved as Conditional Use Permit No. 87-10 is not completed, the effect
of this street vacation shall become null and void.
III
The City Clerk of the City of Palm Desert, California, shall cause a
certified copy of this resolution and order to be recorded in the Office of the
County Recorder of Riverside County, California.
1
RESOLUTION NO. 88-118
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, on this 8th day of September, 1988, by the following vote,
to wit:
AYES: Crites, Kelly, Snyder, Nilson & Benson
- NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SHEILA R. LLIGAN, Cpor CLERK
CITY OF PALM DESERT,CeALIFORNIA
•L flip
AN V YLCL1✓ti
JEAN M. BENSON, MAYOR
ITY OF PALM DESERT, CALIFORNIA
EACH DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL ON FILE AND ON
RECORD IN MY OFFICE.
it .�stlL�t�i�L���
RACHELLE D. I LASSEN, Cfty Clerk
_ City�i PalrA Desert, Califogda
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RESOLUTION NO. 88-118 -
°71 KENDRICKS & �oJ -)CIATES .INC.
•,616 W, Commonwealth Ave. - Suite C
Fullerton, California 92632
(714) 870-6182
Atlantic Richfield Co.
NWC Hwy. 111
and Portola Ave.
Palm Desert, California
C.U.P. 87-10
LEGAL DESCRIPTION OF
PROPOSED•STREET."ABANDONMENT
i
Exhibit "A"
Planning
Surveying
• Civil Engineering
Land Development Consulting
That portion of the East half of Section 20, Township 5 South, Range
6.East, San Bernardino Base and Meridian, described as follows:
Beginning at the Southwest corner of Parcel 3 per deed recorded
June 21, 1977 as Instrument No. 114984 of Official Records, said
Southwest corner being on a curve concave Northerly and having a
radius of 19,920.00 feet, a radial to said Southwest corner bears
South 0° 40' 58" West; thence Easterly along the Southerly line of
said.Parcel 3 through,a central angle of 00 22' 54", an arc distance
of 132.69 feet to a point distant 50.00 feet Westerly, measured at
right angles, from the center line of Portola Avenue as shown on Map
of Palm Village Unit No. 6 recorded in Book 20, Pages 81-83 of Maps
records of Riverside County, a radial to said point bears South
0° 181, 04" West' thence South 00 13' 00" East, parallel with said
center line 14.73 feet to the.beginning of a curve concave
Northwesterly and having a radius of 27.00 feet; thence Southwesterly
along said curve through a central angle of 90° 35' 42" an arc distance
of.42:69 feet to the beginning of a compound curve concave Northerly
and having a radius of 19,962.00 feet, a radial to said compound
curve bears South 00 22' 42" West; thence Westerly and parallel with
said Southerly line of Parcel 3 through a central angle of 0° 18' 16"
an arc distance of 106.07 feet to a point on the Southerly prolongation
of the Westerly line of said Parcel 3, a radial to said point bears
South 00 40' 58" West; thence North 00 40' 00" East along said. Westerly
line 42.00 feet to the POINT OF BEGINNING.
NOTE: Anyone using this description is cautioned that Title Insurance
Companies have the right to refuse to insure any description unless
it meets with their requirements. This description should be sent
to the title company that will be asked to insure title for their
review and approval.
Our Job # 1344
RESOLUTION NO. 88-118
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Exhibit "B"
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a F LARRY W. WARD
COUNTY OF RIVERSIDE
r ASSESSOR -COUNTY CLERK -RECORDER
CERTIFICATION
Recorder
P.O. Box 751
Riverside, CA 92502-0751
(951)486-7000
Ww .riversideacccom
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
RESOLUTION NO. 88-118
Page 1 — Fourth Paragraph reads as follows:
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY RESOLVE as follows:
Date:
Signature:
Print Name:
7. 2009
ACR 601P-AS4RH0/Rev MMMI