HomeMy WebLinkAboutRes 04-121 - Vacating Right of Way - NE Corner of Fairhaven Dr. & Arboleda Ave - Gerard MurphyCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Adopt Resolution No. 04-121 Vacating a Portion of Public Right of
Way at the northeast corner of Fairhaven Drive and Arboleda
Avenue
APPLICANT: Gerard Murphy
72164 Arboleda Avenue
Palm Desert, California 92260
DATE: November 18, 2004
CONTENTS: Resolution
Right of Way Vacation Exhibit
Vicinity Map
Request Letter
Recommendation:
Waive further reading and adopt Resolution No. 04-121 vacating the
subject right of way at the northeast corner of Arboleda Avenue and
Fairhaven Drive.
Discussion:
The Public Works Department received a request for the vacation of a portion of a street
right of way at the northeast corner of Fairhaven Drive and Arboleda Avenue. On
October 14, 2004, City Council adopted Resolution 04-104, setting the Public Hearing
for this matter on November 18, 2004.
Staff has reviewed the request and finds that the five (5) feet of right of way is not
needed. The vacation is requested to allow construction of a block wall that has been
reviewed by the City's architectural review committee.
Government Code Section 65402 requires in part, that the Planning Commission report
to the City Council that the Subject vacation is in conformity with the adopted General
Plan. At their meeting
Staff Report -Vacate Portion of Public Right of Way at Fairhaven and Arboleda
Page 2 of 2
November 18, 2004
Therefore, staff recommends that City Council waive further reading and adopt
Resolution No. 04-12lvacating the subject right of way at the northeast corner of
Arboleda Avenue and Fairhaven Drive.
Submitted By:
Mark Greenwood, P.E.
City Engineer
Approval:
Department Head:
Michael Er'rante, P.E.
Director of Public Works
for pment Services Finance Director
City Manager
/cls
G Pub Works\Staff Reports\2004Wovember 181/Adopt Resolution vacating a portion of Fairhaven & Arboleda dot
RESOLUTION NO. 04-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, VACATING A PORTION OF PUBLIC RIGHT OF WAY KNOWN AS
FAIRHAVEN AVENUE AND ARBOLEDA AVENUE, UNDER PROVISIONS OF PART
3, DIVISION 9, OF THE STREETS & HIGHWAY CODE OF THE STATE OF
CALIFORNIA.
WHEREAS, the City Council initiated proceedings to vacate a portion of the public right
of way, 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 18th day of November, 2004, 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 the right of way described as a portion of Fairhaven and Arboleda
Avenue, more particularly described in Exhibits "A" and "B", attached hereto and made a part of, is
unnecessary for present or prospective public purposes.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY RESOLVE AS FOLLOWS:
I
That the portion of right of way, known as Fairhaven and Arboleda Avenue, be vacated subject
to and retaining all public utility easements and other easements of record existing within said public
right of way. Said portion of street to be vacated as described and as set forth in Exhibits "A" and "B"
attached hereto.
II
That 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.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California, on this 18`h day of November, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Resolution No. 04-121
ti
PARKVIEW DR
ARBOLEDA AVE
November 21, 2003
Mr. Mark Greenwood, P.E.
City Engineer
City of Palm Desert
73-510 Fred Waring Drive
Palm Dcscrt, CA. 92260
Resolution No. 04-121
VIA Fax: (760) 341-7098
RE: Privacy / Sound Wall 72-764 Arboleda / APN n 640-062-001
Dear Mr. Greenwood,
Pursuant to our meeting yesterday this letter is a formal request that the City vacate a
portion of the "right of way" on my corner property along both Arboleda Avenue and
Fairhavcn Drivc. My request is for a six foot setback from the face of curb to the
proposed wall. The area between the wall and curb will be landscaped with drought
tolerant plants. This setback has been granted to others along Fairhaven Drive and
elsewhere throughout out the city. I have contacted my adjacent neighbors and those
within viewing distance of the wall. They are all in support of my request and the
p oposed wall.
erar • Murph
Received Nov-2S-2003 08:28am From-7005004428 To -PALM DESERT PUBLIC M Page 001
annammarmen
UNE TABLE
NO BEARING DISTANCE
L1
S89'53 30 "W
5.00'
L2
S 10' 10'52 "E
5.00'
CURVE TABLE
NO. DELTA RADIUS
TANGENT
LENGTH
EXHIBIT
RIGHT OF
„B ,l ,l
WAY
Cl
0745 28"
800.00'
54.24'
108.32'
C2
06'44 25 "
920.00'
54.18'
108.23'
C3
0704 32"
925.00'
57.19'
114.23'
C4
93' 19'57"
20.00'
21.20'
32.58'
C5
92'59 '49 "
20.00'
21.07'
32.46'
N3AVH81d3
18'
O
N
NO2.25'24 S"RZ
{ r
12.00'
P.0.8.
�
Ng9 5 •30'E R�
SO3'06' 12 T_ (
d
C1
LOT 55
MB 21/66
APN: 640-062-001
Area to be
Vacated
N 3'26'27"W (� C2
N'O•
\'0S
\moo-
N'o2.
Resolution NO. 04-121
O
d
Existing
Property
�L;ne ,
s.40110
C3
Existing Curb
ARBOLEDA
Area to be Vacated = 1276 sq. ft.
AVENUE
03
72-764 Arboleda Ave.
O
M
I I
W
U
N
Prepared By:
FEIRO ENGINEERING, INC.
P. O. Box 12980
Palm Desert, Ca. 92255
(760) 346-8015
Applicant:
ROD MURPHY
72-764 Arboleda Ave.
Palm Desert, Co. 92260
(760) 773-0146
EXHIBIT "A"
RIGHT OF WAY VACATION
LEGAL DESCRIPTION
Resolution No. 04-121
PORTIONS OF LOTS "G" AND "D", ALSO BEING PORTIONS OF FAIRHAVEN DRIVE
AND ARBOLEDA AVENUE OF PALM DELL ESTATES, IN THE CITY OF PALM
DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON
FILE IN BOOK 21 PAGE 66 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY OF
RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 55 OF SAID PALM DELL
ESTATES;
THENCE S 89°53'30" W A DISTANCE OF 5.00 FEET;
THENCE S 00°06'30" E, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 55,
A DISTANCE OF 104.42 FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE CONCAVE TO THE NORTHEAST
THROUGH A CENTRAL ANGLE OF 92°59'49" A RADIUS OF 20.00 FEET AN ARC
LENGTH OF 32.46 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE EASTERLY ALONG SAID CURVE CONCAVE TO THE NORTH THROUGH A
CENTRAL ANGLE OF 7°04'32" A RADIUS OF 925.00 FEET AN ARC LENGTH OF
114.23 FEET TO A RADIAL LINE HAVING A BEARING OF S 10° 10' 52"E FROM THE
SOUTHEAST CORNER OF SAID LOT 55;
THENCE N 10°10'52" W ALONG SAID RADIAL LINE A DISTANCE OF 5.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 55 AND A POINT ON A CURVE THROUGH
WHICH POINT A RADIAL LINE BEARS N 10°10'52" W;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 55 AND SAID CURVE
CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 6°44'25" A RADIUS OF
920.00 FEET AN ARC LENGTH OF 108.23 FEET TO A POINT OF COMPOUND
CURVATURE;
THENCE NORTHWESTERLY ALONG SAID CURVE CONCAVE TO THE NORTHEAST
THROUGH A CENTRAL ANGLE OF 93 ° 19' 57" A RADIUS OF 20.00 FEET AN ARC
LENGTH OF 32.58 FEET;
THENCE N 00°06'30" W, ALONG THE WEST LINE OF SAID LOT 55,
A DISTANCE OF 99.13 FEET TO THE NORTHWEST CORNER OF
SAID LOT 55 AND THE POINT OF BEGINNING.
CONTAINING 1276 SQ. FT (0.02 AC) MORE OR LESS