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HomeMy WebLinkAboutRes 2016-07 - Vacate PUE - Corner Larkspur x Shadow MtnCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2016 - 07 VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED ALONG THE COMMON LINES OF LOTS 1 AND 7, LOTS 5 AND 6, LOTS 5 AND 7, AND ALONG THE EASTERLY LINE OF LOT 7 OF BLOCK Q OF MAP OF PALM DESERT AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: January 14, 2016 CONTENTS: Resolution Public Utility Easement Vacation Exhibits "A" and "B" Record (Final) Map (2 sheets) Resolution No. 80-30, City's Acceptance of Easements Vicinity Map Recommendation By Minute Motion, adopt Resolution 2016 - 07 vacating excess Public Utility Easement (PUE) located along the common lines of Lots 1 and 7, lots 5 and 6, lots 5 and 7, and along the easterly line of lot 7 of block Q of map of Palm Desert at the northeast corner of Larkspur Lane and Shadow Mountain Drive. Background The subject PUEs are located along the common lines of lots 1 and 7, lots 5 and 6, lots 5 and 7, and along the easterly line of lot 7 generally located at the northeast corner of Shadow Mountain Drive and Larkspur Lane. The proposed vacation will rescind portions of five-foot wide adjoining strips of PUEs. The PUE was dedicated to the County of Riverside on the map of Palm Desert, Book 21 pages 50-54, but was not accepted. Said map recorded with the County of Riverside on October 17, 1946. Palm Desert City Council passed, approved, and adopted Resolution No. 80-30, which accepted the easements that were offered for dedication in the map of Palm Desert. The Resolution recorded March 5, 1980 as Instrument No. 43061. Staff Report Vacate PUE at El Paseo and Larkspur Page 2 of 2 January 14, 2016 The PUEs to be vacated are considered excess by staff because there are no in -place public utility facilities within said easements, nor is there a future need for them. The PUEs have not been used for their intended purposes. This particular case meets all of the requirements of a "summary vacation" pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, whereby the vacation procedure does not involve an evaluation from the Planning Commission, nor the scheduling of a public hearing. Therefore, staff requests that City Council waive further reading and adopt Resolution 2016 - 07 vacating excess public utility easement as described and depicted per Exhibits "A" and "B" attached hereto. Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Department Head: Christina Canales Mar Greenwood, P.E. Assistant Engineer Director of Public Works Approval: sr G V"ub WorkslStaH Reports12016Uanuary 14101 Resolution to Vacate Excess Public Utility Easement NE Corner Larkspur -Shadow MhSR Resolution to Vacate Public Utility Easement at El Paseo Hotel docx RESOLUTION NO. 2016 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED ALONG THE COMMON LINES OF LOTS 1 and 7, LOTS 5 AND 6, LOTS 5 AND 7, AND ALONG THE EASTERLY LINE OF LOT 7 OF BLOCK Q OF MAP OF PALM DESERT AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, the subject vacation is made pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that the easement described in Exhibits "A" and "B", attached hereto and made a part hereof, is in excess and is unnecessary for present or prospective public purposes and that there are no in -place public facilities within the described area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the portion of public utility easement located along the common lines of Lots 1 and 7, Lots 5 and 6, Lots 5 and 7, and along the easterly line of Lot 7 of Block Q of Map of Palm Desert at the northeast corner of Larkspur Lane and Shadow Mountain Drive be vacated as described and as set forth in Exhibits "A" and "B" attached hereto; and 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; and 3. That from and after the date that this Resolution is recorded, the subject portion of public utility easement will no longer constitute a public service easement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of January, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA EXHIBIT "A" PUBLIC UTILITY EASEMENT VACATION Those portions of the 5.00 foot wide public utility easements lying within Lots 1, 5, 6 and 7, in Block Q as shown on Map of Palm Desert, filed in Book 21, of Maps, at Pages 50 through 54, inclusive, in the Office of the County Recorder of Riverside County, State of California, in a portion of the south half of Section 20, Township 5 South, Range 6 East, San Bernardino Meridian, more particularly described as follows: Being the southerly 5.00 feet of Lot 1 in Block Q of said Map of Palm Desert; TOGETHER with the northerly, easterly 5.00 feet of Lot 7 in Block Q of said Map of Palm Desert; TOGETHER with the westerly 5.00 feet of Lot 5 in Block Q of said Map of Palm Desert; TOGETHER with the easterly 5.00 feet of Lot 6 in Block Q of said Map of Palm Desert; EXCEPTING therefrom the westerly 10.00 feet of said southerly 5.00 feet of Lot 1 and said northerly 5.00 feet of Lot 7; ALSO EXCEPTING therefrom that portion of said westerly 5.00 feet of Lot 5 located within Lot 11 of Tract No. 5682, filed in Book 81 of Maps, at Pages 58 and 59, in said office of the County Recorder of Riverside County. CONTAINING: 5,447 square feet, more or less. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. sto he L. Alberts, P.L.S. 8508 p 1,7 o. �* Date Page 1 of 1 c - S . LINE LOT 1, BLOCK Q PALM DESERT I OF LOT 1- MB 21/50"-54 � .� L N. LINE - OF LOT 7 'n - o =u T EASEMENT TO SOUTHERN CALIFORNIA EDISON y 5 PER DOCUMENT REC. ON 8/15/1977 AS INST. PUE QNO. 157940, O.R. (TO REMAIN) J co J1 30 ' PUE ' 0- E. LINE , ca Q LOT 7, BLOCK Q OF LOT 7 u PALM DESERT MB 21 /50-54 r W SE'LY LINE o- Z OF LOT 7 Q NW'LY LINE o J c \- OF LOT 5 cp b - / � PeN r rill M J I E. LINE % v ono OF LOT 6 / ui o i _— LOT S, BLOCK Q PALM DESERT f PUE MB 21 /50-54 / 'n I 5 Q Y PUE /�- IS W. LINE OF LOT 5 I � r R/W SHADOW MOUNTAIN DRIVE--,, EXHIBIT "B n PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR A PUBLIC UTILITY EASEMENT QUITCLAIM. LOCATED rN THE S. 112 OF SECTION 20, T.5S., R.6E., S.B.M. N;\PDATA\149713\CA0OIMAPPING\EWEllTS\149713— EX— 001,DWG ELLPOP£ 12/18/15 9; 26 am MAP OF PALM DESERT, M.B. 21/50-54 AREA WITHIN DISTINCTIVE BORDER = 5,447 SQ. FT. SHEET 1 OF 1 I N T E R N A T f 0 N A L 74-130 COUfdTFrr CLW DRVF- MM M PAW OESEFR. CALFOrM 9U60-1655 7W-3W746F FAX 760.34 AZ5 • ■ PBF.ccm JN.149713—EX-001 } PALM DESERT A SU01DIVISI❑N OF PORTION OF THE SOUTH HAL-F t� J Ci, ❑ F SECTION 2 O, T. 5 5. R. 5 E-, S. B. B. S H. RIVERSIDE COUNTY irk ma C ALI FORNIA ��} JGCk A K. 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Ad hie Samr- IA+ 7YITNESS rmfREDf 1 hrrcunra t y hared and affi y effrc+ol seal rho day red year .r, M;r trrhfica ab�are ,rr;r� 1�� r—` T • .0 .til3bh of Cr+•J fuse ■ Arrcdy crrhfy rhar ■ .wr r Regahmd L .il E. ¢.+rer .f Ae -9k* of ' c h,sra,. aaa refer ri,,...�, raabari�.d f,rels�,�� ea-r�rympmra& a sir vry made urwt!•r y s�+n^warn+ d ,iy Mwy ccrd.Wx. 1946 w e bier aH rnav,.,Ren6 .xdawa err v ae1 wNy r u Ibrrr par, rr-av A+riy earrccfrj• slb wn and err srrff c enr +b raadle Nir sNr�ry M Ar Awo'�, ref red. r■+e Cauary nI R.rersrde, SfsAr of Cc1.7fvn a Sy a d N�.•ocg4 rfs Ar/y surbarxrd affic s /__Ay ,cplvrrs lhv hi.w1 map aI Pa1k DESERT - The Frreef , Arrry+d� A d� [a ,• n&yr M- desgrad u Cori A' ra -W"mtldsrM` ere nd acYrpAd as puW.i 3hY t Aq'erAw,.6- affC rd hr d�ra rren are r1C rdyle� erephd- AW*akff4 -e dw Zml X-j- rMsLyT COC1N?�'Y/�OE AAIY�ER�TID£ E Df CAL IFORNIA ay cF�re! pvw . A rTEST: ffordar A. 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PEpuESNAr Cwv ly [Erp, rr. a{fe.a c.�F.r Mre:..,d.r�cyv�.,•.oa f �d Ao ered 0 rhr Rw j_'e Cvanly gom,ry (:kmmruro h, accwvdom rh hie rcplrrrrmrnlJ of ■oW in oGr■y whiar4e4 arexriag Avid A J, day r,`�' 1906. ■ hrrr6y errA-f Mrr I ,hare efm ,wW the whir_ mqr; A0 Rm s 4wd - nsrar.rhe" heron .} sr6rfanfraNy fhe .r► a ar :r p� .r d so the fenM- h'.r r p _W opA.V rV h6f aB'prowlrbss -/L)* a Law and Ca my LW.:r m, ha✓e Sera Co-.^^ — 0h ar f ! am Wbsf,ed hsar sad .., p •i ,1rAn.�.11y cor k cc C 294 AW7,f Ar M,_#s arc eased as No arnkrlr rr ,merry e! 3/ rr N.jl r y pftZ Aaure 61 .urrerr p , CM76rnls D+•wiiaa of Nyh»vys. nlanumrars ew,rrahng af�#r'.4nn P.prr, maraN ►l IIYa .m •ta..g, .per oplvnr.,narely 1 Tr Sew yrsw.d, err .� irhd rhw • e P•r 8 sraArr .re sa/ al —ch be' rararr w rnrre prone SHEET NQ 14F 5 SHEETS r I ti STATE HIGNWA Y IT 4 s 6 41" 11[ A PART Or re�'.S rw --­-------- - pts 24 iI A' 164L r - 0 LOT or --tr�t I Al - RRFA At ry 'k 's J SHADOW 20 V -- ---------------------- ----------------------- F ------ ---- ---- 28 E 7' av R NJ do .6 7 81141 ....... 71; IV3 If FJ LOT STRiTT PER 40 II ,uJll//uu flap" SHEET N? 4 OF 5 SHEETS q -1 0 RESOLUTION NO.80-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. ACCEPT- ING EASEMENTS SHOWN ON THE FINAL SUB- DIVISION MAP OF "PALM DESERT." WHEREAS, there has been heretofore recorded a final subdivision map of "PALM DESERT" in Map Book 21, Pages 51-55 of Maps, Riverside County Records, of a portion of the south half of Section 20, Township 5 South, Range 6 East, San Bernardino Base and Meridian, Riverside County California, located within the City of Palm Desert. without accepting public utility and other easements. NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY RESOLVE as follows: SECTION 1. That the streets and public utility easements, as well as easements designated as "Driveway, Parking and Utility Easements" and bridle trails, storm water drainage and underground public utilities, shown on map of "PALM DESERT" as Lots A - W, inclusive, are accepted as public streets, public utility easements, and other easements as set forth. SECTION 2. That the City Clerk of the City of Palm Desert is hereby instructed and directed to record this resolution with the Recorder of Riverside County, California. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, this 28th day of February 1980, by the following vote: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT:None I�43ARb^ �. �CJT INS , Mayor ,City of Palm Desert, California ATTEST: -`5HEILA R. L GAN, �,i / Clerk City of Palm Desert �lifornia YOR 711E BE!;-: ET 0: CITY OF F1.:.::: NO FCS E103 OF THE GOY7. GD.VM RESOLUTION NC.80-30 O ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA; ACCEPT- ING EASEMENTS SHOWN ON THE FINAL SUB- DIVISION MAP OF "PALM DESERT." - WHEREAS, there has been heretofore recorded a final subdivision map of "PALM DESERT" in Map Book 21, • Pages 51-55 of Maps, Riverside County Records, of a portion of the south half of Section 20, Township 5 South, Range o East, San Bernardino Base and Meridian, Riverside County California, located within the City of Palm Desert; without accepting public utility and other easements. NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY RESOLVE as follows: SECTION 1. That the streets and public utility easements, as well as easements designated as "Driveway, 1 Parking and Utility Easements" and bridle trails, storm water drainage and underground public utilities, shown on t map of "PALM DESERT" as Lots A - W, inclusive, are accepted as public streets, public utility easements, and other easements as set forth. ' SECTION 2., That the City Clerk of the City of Palm Desert is hereby instructed and directed to record this resolution with the Recorder of Riverside County, California. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, Californie,'this 28rh_ day of fSbyyry - , 1980, by the following vote: i AYES: Brush, McPherson, Newbrander, Wilson & Mullins INOES: None Il ABSENT:None B A p.tMULLINS, Mayor City. of Palm Desert. California ATTEST; --S,EI• A GAN, lerk City of Palm Desert lifornia