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HomeMy WebLinkAboutCVWD - Grant of Easement - Tower Market -2(-A **AN' CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE A GRANT OF EASEMENT TO THE COACHELLA VALLEY WATER DISTRICT FOR PIPELINE AND INCIDENTAL PURPOSES LOCATED IN PRESIDENT'S PLAZA WEST, SOUTH OF THE PROPOSED TOWER MARKET, CURRENTLY THE 76 SERVICE STATION. SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Tower Energy do Mark Vasey 1983 West 190th Street Torrance, CA 90504 DATE: January 12, 2017 CONTENTS: Grant of Easement Vicinity Map Recommendation By Minute Motion, authorize the Mayor to execute a Grant of Easement to the Coachella Valley Water District for pipeline and incidental purposes in President's Plaza West, south of the proposed Tower Market, currently the 76 Service Station, to accommodate the proposed Tower Market Project. Strategic Plan Objective This action does not impact the Strategic Plan. Background Tower Energy has purchased the former 76 service station at the southwest corner of Highway 111 and San Luis Rey Avenue. The new owner is requesting to demolish the existing building and fuel station canopies, and construct a new market, new fuel island canopy, and make other site improvements to operate an automotive service station. Staff Report Grant of Easement to CVWD Page 2 of 2 January 12, 2017 The City's Architectural Review Commission voted 8-0-0 in recommending approval of the project at their meeting on July 26, 2016. The Planning Commission adopted Resolution No. 2676 approving the project at their meeting on August 16, 2016. This project requires the installation of a new water line in a parcel of land owned by the City, which requires an easement to the Coachella Valley Water District from the City. The City-owned parcel is a portion of President's Plaza West and has existing portions of drive aisles, parking stalls, and minimal landscaping on it. The actual easement is located within/along a short north-south drive aisle. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Department Head: Bo Chen, P. ., C Engineer Mark Greenwood, P.E., Director of Public Works Approval: Lauri Aylaian, City Manager CITY COUNCIL ACTION APPROVED DENTED RECEIVED OTHER MEETING DATE I"12-t1 AYES: Velly1 N Skar4.t1 W i/tri NOES: (JPiAt ABSENT: /-0►144ka,,1 ABSTAIN: Molt" VERIFIED BY: f20k irIwt Original on File with City Clerk's Office No Recording Fees or Documentary Transfer Tax Government Code § 27383 Rev & Tax Code § 11922 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 APN: 627-221-011 (Space above this line is for Recorders use) FILE: 0421.2 TRA: 018-031 0655. DTT: -0- Tower Market- offsite GRANT OF EASEMENT FOR VALUABLE CONSIDERATION,the receipt of which is hereby acknowledged, by THE CITY OF PALM DESERT, CALIFORNIA, a municipal corporation, hereinafter referred to as the "Grantor" does hereby grant to COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California "Grantee", and its successors and assigns, a perpetual, nonexclusive easement and right-of-way to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s), which pipeline(s)may be installed at different times, and over a period of time, and necessary devices and appurtenances thereto in, on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit"A"and depicted in Exhibit "B" attached hereto and by reference made a part hereof. The foregoing easement includes the reasonable right of access to and from said easement for the purpose of exercising the rights granted herein. Said pipeline(s) and every part thereof shall, where it crosses Grantor's land, be confined to lands hereinabove-described, and shall be constructed by Grantee with sufficient ground cover(i.e., distance between ground surface and top of such pipeline(s)) as shown on the construction plans for such pipeline(s). Notwithstanding the foregoing, the ground cover shall not be changed by Grantor without prior written consent by Grantee at Grantee's sole and absolute discretion. Fixtures and appurtenances used or useful in the operation of said pipeline(s)may be constructed any distance below ground or at ground surface level. Said appurtenances shall not interfere with Grantor's use. The Grant of Easement herein contained shall include the right to enter said premises,to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove said pipeline(s), fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof. The Grantor reserves the right to occupy and use said premises for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger said pipeline(s), fixtures and appurtenances or the use thereof. The Grantee shall use due care in the construction, operation and maintenance of said pipeline(s), fixtures and appurtenances. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Doc.No. 050620-4-035 GRANTOR(S) THE CITY OF PALM DESERT, CALIFORNIA, a municipal corporation Date By (mailing address) (city) (state) (zip code) Doc.No. 050620-4-035 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) EXHIBIT "A" CVWD DOMESTIC WATER EASEMENT That certain parcel of land situated in the City of Palm Desert, County of Riverside, State of California, being a portion of Lot 12 of Block "R", as shown on a map filed in Book 21 of Maps, at Pages 50 through 54, inclusive, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the southwest corner of said Lot 12; thence along the south line of said Lot 12 South 89°45'00" East 76.85 feet; thence leaving said south line North 00°15'15" East 10.00 feet to the POINT OF BEGINNING; thence continuing North 00°15'15" East 40.00 feet to a line parallel with and distant 50.00 feet northerly of the south line of said Lot 12; thence along said parallel line South 89°45'00" East 25.00 feet; thence South 00°15'15"West 40.00 feet; thence North 89°45'00"West 25.00 feet to the POINT OF BEGINNING. CONTAINING: 1,000 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT"B" attached hereto and by this reference made a part hereof. This legal description and accompanying plat were prepared by me or under my direction in conformance w' h the requirements of the Professional Land Surveyors Act. Christopher L. Alberts, PLS 8508 14/ . A\ �2 Zo-zbi� o Date r, 14. CAI\E 4 Page 1 of 1 - I - - - - HIGHWAY 111 _} r 1r PALM DESERT DRIVE SOUTH I 1 I wN 1 J F- N o GRANT DEED DOC. NO. 2016-0230708 ci o RECORDED ON 06/06/2016 I I 30' — _ PORTION LOT 12 I —I M.B. 21/50-54 I 1 1 I # A I -J I Q r — — I GRANT DEED & 50' INST. NO. 136148 / 0 RECORDED ON 06/29/1979 s 1 A L P� APN 627-221-011 / I . J n O 3 - - - S89'45 00 E 76.85— 1 01 / �, POC © SOUTH LINE I Tii SW COR. OF LOT 12 / I OF LOT 12 DATA TABLE UJ / N (0 BEARING/DELTA RADIUS LENGTH 1 N0015'15"E -- 10.00' 2 N00'15'15"E -- 40.00' Ili 3 S89'45'00'E -- 25.00' 4 500'15'15"W -- 40.00' 5 N89'45'00"W -- 25.00' n DRIVEWAY, PARKING AND UTILITY 00. LAO EASEMENT PER M.B. 21/50-54 �S��OQ$1.R (, 'rG�, E. AREA WITHIN DISTINCTIVE o4,�'� lG� BORDERS = 0.02t ACRES s LS 0. ; ,;; SHEET 1 OF 1 EXHIBIT "B" s Michael Baker ue, PLAT TO ACCOMPANY A LEGAL 4I,f• 0`1` INTERNATIONAL DESCRIPTION FOR A WATER E PIPELINE(S) �EASEMENT. r A�\ r DRIVE,msuam cA COUNTRY LFor ae +ss 780-346-7481. FAX 780.348.8315• wwwfIBF.com LOCATED IN THE S. 1/2 OF SECTION 20, T.5S., R.6E., S.B.M. JN: 156576-EX-002 Y.\onnrn'.1RRR7R'ennl\VnDDIY!_\CVNIDIiv'.1Fs ,s_rY_M.f 11Y"_` DII IDr c 1 I nNC 7.ID..... 7. 1,:i7,,, ,........___„_____ ___,........_ s_...... • . , , i . li, re hir,47/ • i my ,,. 4, ,, 44, a'�SAN Mk Q .: J�ti 'illirliftastal4lifillft .2, p Q' .4.44 i ! , - . , ,.., ... l 2,. .., 1* 2le mi :,,,. a 11 me: Nig 0 iiii 0.1 ALESSANDRO DR Lamm Milli ..__] PALM DESERT DR N HWY`111 1 PALM DESERT DR S F Z J TOWER MARKET TION c a co e EASEMENT IrOCATION W EL-PASEO Q Q. , 6 ..IJ H LARREAST a� LP a rx r su _ L SHADOW MOUNTAIN DR SHADOW,Mot/1,_ o/N 5: co -'7 SHADOW LAKE DR -------,....___,X JA TREE ST , $,k), , —I ( 1 �� -1. cttie C CHICK 8' J 2 ! ' ,........ 0 VICINITY MAP /11744i w-T.N. 1:3,668 `•., .E -1EAV