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HomeMy WebLinkAboutRes 2017-37 - Vacate Anglewood Dr - Blair-King RESOLUTION NO. 2017-37 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2017- 37 VACATING A PORTION OF A SHORT, DEAD END STREET KNOWN AS ANGLEWOOD DRIVE LOCATED IN SOUTH PALM DESERT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Ken Blair and Doris J. King 72805 Tamarisk Street Palm Desert, CA 92260 DATE: April 13, 2017 CONTENTS: Resolution 2017-37 Exhibit A, Legal Description Vacation Exhibit B Original Record Map Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2017- 37 vacating a portion of a short, dead end street known as Anglewood Drive located in South Palm Desert. Strategic Plan Objective This action has no impact on achieving the goals set forth in the Strategic Plan. Commission Recommendation Government Code Section 65402 requires, in part, that the Planning Commission report to the City Council that the subject vacation is consistent with the adopted General Plan. At their meeting of February 21, 2017, the Planning Commission, by a 4-0-1 vote, determined that the subject vacation does conform with and is consistent with the General Plan. Staff Report Resolution to Vacate a Portion of Anglewood Drive Page 2 of 2 April 13, 2017 Background Anglewood Drive was originally dedicated for public use for street purposes as lettered Lot "D" and lettered Lot "E" was a 1-foot wide barrier strip for the future extension and improvement of Anglewood Drive. Both Lots "D" and "E" were accepted accordingly by the Riverside County Board of Supervisors on the Map of Tract No. 3755, which recorded with the County on April 13, 1969. Anglewood Drive fell under the City's jurisdiction and maintenance responsibility when the City of Palm Desert incorporated on November 26, 1973. Anglewood Drive, being only about 150 feet long, appears to have been improved with curbs and gutters, asphalt paving, and concrete sidewalks during the 1969-1970 fiscal year, and has been continually maintained by the City since the City incorporated. Anglewood Drive is bounded on the north by Tamarisk Street, on the south by a block wall on the northerly line of the Palm Desert Tennis Club, and on the east and west by single family residential lots. Anglewood Drive is a dead end street that provides no access for the public, nor does it benefit the adjacent private property owners. Staff believes that the City should not expend any further funds for maintenance on the dead end street that really serves no purpose. Apparently, the original thought was that Anglewood Drive would eventually be extended to the south; however, the Palm Desert Tennis Club was developed thereby precluding any extension of Anglewood Drive. There are existing underground utility facilities within the subject vacation area; therefore, public utility rights will need to be preserved for their access to maintain the facilities. The subject vacation includes only public vehicular and pedestrian access rights. The Coachella Valley Water District (CVWD) has requested that two conditions be placed in the Resolution of Vacation relative to the adjoining property owners: 1. CVWD needs the ability to access the public utility easement (Anglewood Drive) with construction equipment at all times. 2. No trees or permanent structures may be constructed over the domestic waterline that would hinder CVWD's ability to operate and maintain the waterline. Staff has determined that the portion of the right-of-way, as described herein, is unnecessary for present or prospective public purposes, except for any public utility easements and rights that may exist. The adopted Resolution for this vacation will reserve and except any and all utility easements and rights. At the City Council Meeting of March 9, 2017, City Council set a public hearing for the meeting of April 13, 2017 (present meeting), to consider the subject street vacation. Therefore, staff requests that the attached Resolution be adopted for the subject vacation. Staff Report Resolution to Vacate a Portion of Anglewood Drive Page 2 of 2 April 13, 2017 Fiscal Analysis There is no fiscal impact associated with this action. Sub itt y: Ma G wood, . 6 Director Public Work Approval: Lauri Aylaian, City Manager RESOLUTION NO. 2017 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PORTION OF ANGLEWOOD DRIVE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council initiated proceedings to vacate the public rights-of- way, more particularly described in Exhibit "A" and depicted in Exhibit "B," attached hereto, and the City Council finds that said notices of such vacation was published and posted, as required by law; and WHEREAS, the Planning Commission on the 21st day of February 2017 determined that the subject vacation does conform with and is consistent with the General Plan; and WHEREAS, the City Council on the 13th day of April 2017 held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacation was 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 Anglewood Drive, more particularly described in Exhibit "A" and depicted in Exhibit "B," attached hereto and made a part hereof, is unnecessary for present or prospective public purposes, except for public utility access and rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the right-of-way known as a portion of Anglewood Drive be vacated as described and as set forth in Exhibits "A" and "B" attached hereto subject to and reserving and excepting all public utility easements and rights, and other easements of record existing within said public right-of-way. RESOLUTION NO. 2017- 37 2. 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 this 13th day of April 2017. AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2017- 37 EXHIBIT A goo Anglewood Drive Vacation Legal Description Lot 'fD" (Anglewood Drive) and Lot "E" (1-foot barrier strip) of Tract No. 3755, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 61 of Maps, at Pages 40 and 41, in the office of the County Recorder of said County; Excepting therefrom the northerly 6.00 feet of said Lot "D." measured at right angles from the northerly line of said Lot ''D." Exhibit B attached hereto and by this reference is made a part hereof. Containing 8,109.22 sq. ft., more or less. Cf /t 4 i 3i 2c / .7 R Page Garner, L.S., Acting City Surveyor Date City of Palm Desert `,a. o s,, sOA, • Alta .j 51 l' ,sue L.S.?la 138 ...:... rr . RESOLUTION NO. 2017— 37 t �R/aCi r�/D. 3755 MB. G//40 & 41 TAMARISK-STi2EE-T Lo?' tC4 7v89 `'4-4 ' 35''E • • O 0 i �O M M t9 NUR i N L/NF L or 1:,v • ' 1 64. 0 9" 1,s �`� ' C \o • \0 � C j , . o� -\CPQ . u 9�\ (1' o 'Q VACATION 0 0 o W o o AREA JC:i eg N 0 0109,ZZ} S.F/0. /86 4C, APN: 628112004 N < N APN: 628113001 House: 72805 I I N. House#: 72837 6I0 j L. 07- Z3 LOT ZZ • 30` . 30 In ! 3 1 N s • • C GU[zVE DATA VI p= 3Z°34 '4d N R = 13•00 ` p in L : 7. 39 ; o O I N89°4-4 .35 `5 Al 84'4-¢ '35 "E I AILOT 'E." /'BARRWEK STRIP 1 APN: 628155059 -FRANK-FEI TROP-CiRC-L-E-N W I APN: 628153021 Z i ..1 z C N 1 g Z 0 1 Al • EXHIBIT B �� ►� © i m;r. ANGLEWOOD DRIVE VACATION ,�� h j 1:354 V.tt a . 01"":P'. d • .. . bad. N tJ ¢ nd I. g i 1 d a Li • spa •9 ?el W;11�l'42.1_.- a I 41 r 1: „. - r wePC s•r 3 EI .411 i.3e, 3 8 IX;#-Nit i k htir,..,. .., . 2 sa/I .I ; a� itil il $� +� �� d ico v s3 3'�Z e3 a ti il ^ 41 1-4: - ,..111.3_1 . g g •I i" a s `.L, 'lgga:dri a a e, . 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VACATE ANGLEWOO❑ DRIVE . .:r,., RESOLUTION NO. 2017-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF ANGLEWOOD DRIVE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION. The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER and RESOLVE as follows: I. That it intends to, and by this resolution does, initiate proceedings under the provisions of Division 9, Part 3, Chapter 4 of the Streets and Highways Code, to vacate a portion of Anglewood Drive right-of-way as described in Exhibit A and depicted in Exhibit B, but retaining any and all public utility easements and rights; and II. . That the hour of 4:00 p.m. on the 13th day of April 2017 in the Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, is hereby fixed as the time and place of hearing all persons interested in or objecting to the proposed vacation of said public street; and III. That the City Clerk is hereby directed to publish a notice of said hearing in The Desert Sun, a newspaper of general circulation, circulated in the City of Palm Desert, California, twice, the first date of publication being two (2) weeks before the date of the hearing, and the City officials of the City of Palm Desert are hereby instructed to post notice of such vacation, as required by law, at least two (2) weeks before the day set for the hearing. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 9th day of March 2017. AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Sanchez, Gloria From: Email, TDS-Legals <legals@thedesertsun.com> Sent: Wednesday, March 15, 2017 4:20 PM To: Sanchez, Gloria Subject: RE: Legal Notice - Res 2017-22 - PH 04/13/2017 Anglewood Drive ROW Ad received and will publish on date(s) requested. Charlene Moeller i Customer Care Representative/ Legals The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 f 760.778.4528 e: legals@thedesertsun.com Lobby hours are gam-noon (closed for lunch) 1:30p-4pm This email and any files transmitted with it are confidential and intended for the individual to whom they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From:gsanchez@cityofpalmdesert.org[mailto:gsanchez@cityofpalmdesert.org] Sent:Wednesday, March 15, 2017 4:15 PM To: Email,TDS-Legals<legals@thedesertsun.com> Cc: blongman@cityofoalmdesert.org; rklassen@cityofpalmdesert.org;gmendoza@cityofpalmdesert.org Subject: Legal Notice-Res 2017-22- PH 04/13/2017 Anglewood Drive ROW Good afternoon again, PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Resolution No. 2017-22 — Initiating Proceedings to Vacate a Portion of Anglewood Drive Right- of-Way Under Provisions of Division 9, Part 3, Chapter 4 of the Streets & Highways Code of the State of California, and Fixing a Time and Place for Hearing All Persons Interested in or Objecting to the Proposed Vacation. TWICE IN THE DESERT SUN Thursday, March 30, 2017 Thursday, April 6, 2017 If you have any questions or require additional information, please do not hesitate to contact me. Thank you and have a nice evening. M. Gl,o-ri,a Scu4.41..e/z. 1 RECEIVED ClP Y CLERK'S ALM DESERT 0`r I• CE 2011 APR -1 PM 2: 33 Re: Comments on Resolution No. 2017-22 To: Rachelle D. Klassen, City Clerk City of Palm Desert, CA From: Charles D. Ashby 72-850 Tamarisk St Palm Desert, CA 92260 April 7, 2017 I am the owner of the property addressed above, which could be impacted by vacating Anglewood Drive to the homeowners adjacent to this street. Please communicate my comments and concerns below to the City Council Members attending the April 13, 2017 City Council Meeting. Anglewood Drive is currently being used unlawfully to store commercial vehicles belonging to the homeowner living in lot 22 on Tamarisk Street. Photos are attached in this email. Furthermore, owners of both lots 22 and 23 are Contractors. Concern: The use of the space to store even more commercial equipment is possible. Exhibit B of the Resolution does not include the sidewalks that are on Tamarisk Street, both east and west of Anglewood Drive. The sidewalk also currently runs along the east, west, and south sides of Anglewood Drive. Concern: Any plans to modify Anglewood Drive should include construction of a sidewalk connecting the east and west sections of Tamarisk Street. Plans for modifying Anglewood Drive have not been presented by the homeowners requesting the vacancy, leaving them a "clean slate." Concern: The neighborhood deserves a detailed plan that can then be reviewed by the residents, Department of Public Works, and the City Council. The Resolution states that the work to be performed must "retain any and all public utility easements and rights." Concern: A plan must be developed and must include mapping of all utilities buried under the blacktop. Please table this resolution. Protect the value of our South Palm Desert homes. Sincerely, Charles D. Ashby Klassen, Rachelle From: Donna DeBardi <donnadebardi@yahoo.com> Sent: Friday, April 07, 2017 12:53 PM To: Harnik, Jan; Jonathan, Sabby; Kelly, Kathleen; Nestande, Gina; Weber, Susan Marie; Klassen, Rachelle Subject: [SPAM] - City of Palm Desert Resolution No. 2017-22 April 7,2017 To: jharnik; sjonathan; kkelly; gnestande; sweber; rklassenacityofnalmdesert.org RE: Resolution No. 2017-22 Dear Mayor and City Council Members: I live at 72870 Tamarisk Street and live just a few doors away from the proposed vacation of Anglewood Drive. I would like to register my opposition to this proposed resolution. My opposition is based on the fact that there is no written proposal or plans filed that would describe the intended future use. I think it would be good if the City could treat this change as a variance and let all of the neighbors know what the proposed use of this property is. I believe this abandoned street would serve as a parking lot for those who seek to acquire the property. Currently, there is a pick-up truck with an attached trailer that has been parked on the street for at least a month. There is also an empty trailer parked there with no vehicle attached. I understand that the City has codes regarding the parking of vehicles, trucks and RV's both on the street and on private property. But, it also seems that the City depends on neighbors calling Code Compliance in order for the codes to be enforced. In this particular situation, I have called Code Compliance as has at least one other neighbor that I know of. So far, it doesn't seem that either have been ticketed. Can we really expect something different will happen if it becomes private property? This is a residential neighborhood and most of us take pride in our living environment. If the City of Palm Desert allows this vacation of Anglewood to take place at this time, I believe our property values will be impacted in a very negative way. I would like to stop this from happening. Sincerely, Donna DeBardi 760-600-0280 N acr CJ CC 0 tZ r- 0 N 1 Klassen, Rachelle From: Sent: To: Subject: Rachelle, Greenwood, Mark Thursday, April 13, 2017 8:29 AM Klassen, Rachelle FW: Vacation Of Anglewood Drive I just received this email regarding the Anglewood Street Vacation item on today's City Council agenda. Mark Greenwood, P.E. Public Works Director Ph: 760.346.0611 Direct: 760.776-6450 mareenwood@citvofoalmdesert.ora n www.citvofoalmdesert.ora .00 From: K&N B fmailto:offarideneravl@amail.coml Sent: Wednesday, April 12, 2017 4:22 PM To: Garner, Page Cc: Greenwood, Mark Subject: Vacation Of Anglewood Drive Mr Garner and Mr Greenwood, I would like to let you know that I am still very interested in the vacation of Anglewood Drive in the city of Palm Desert, to become part of ours and our neighbor's properties. Also, I wanted to let you know that I have attended all the previous meetings regarding this street vacation at the Council Chambers. But this upcoming Council meeting 4/13/2017, which I believe Is the most important one for me to attend, I will not be able to attend due to health issues. I cannot walk right now or get on my feet in any way, much less climb in or out of a car. My neighbor Clark Hahne, who is also on the application for the vacation of Anglewood Drive. will be attending. I am hoping he will be speaking my behalf as well but I thought it would be prudent to let you hear from me personally. My intention as well as that of my neighbor Clark Hahne, I to put up a 6" block wall down the center of the street (which we would do right away provided we get a green light from the water district to do so). Also it is our intention to landscape each of our prospective sides. We also intend to put up a solid gate or wall across the front so the other neighbor's do not see into the area anymore, giving us privacy as well. Thank you, Ken Blair cell: 760-831-7522 i