The URL can be used to link to this page

Home My WebLink AboutRes 2016-96 - Vacate ROW - San Marcos AveRESOLUTION NO. 2016-96 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2016- 96 VACATING STREET RIGHT-OF-WAY, CLOSING A PORTION OF SAN MARCOS AVENUE BETWEEN SAN CLEMENTE CIRCLE AND ALESSANDRO ALLEY, AND RESERVING A PUBLIC UTILITY EASEMENT OVER THE RIGHT-OF-WAY TO BE VACATED SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: December 8, 2016 CONTENTS: Resolution Exhibits "A" and "B" Vicinity Map Recommendation Open the public hearing and accept testimony, close the public hearing, and waive further reading and adopt Resolution No. 2016 - 96 vacating a portion of right-of-way known as San Marcos Avenue between San Clemente Circle and Alessandro Alley, closing of the street to vehicular traffic, and reserving a public utility easement over the right-of-way to be vacated, subject to the limitations described in the aforementioned resolution. 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. On March 1, 2016, the Planning Commission approved a Conditional Use Permit vacating a portion of San Marcos Avenue, and finding that the construction of a parking lot in its place is consistent with the General Plan. Strateqic Plan Obiective The closure and vacation of the street right-of-way at San Marcos Avenue are required for the proposed improvements for the Alessandro West project (formerly the Alessandro Alley project). The improvements for the Alessandro West project meet the Economic Development and Land Use Areas of the Strategic Plan. The purpose of the Alessandro West project is to encourage the expansion and beautification of the adjacent retain businesses. Additionally, one of the goals of the project is to revitalize the Highway 111 frontage to encourage a vibrant city core. Staff Report Resolution vacating and closing a portion of San Marcos Avenue Page 2 of 2 December 8, 2016 Backqround As part of the effort to enhance the functionality of Alessandro West, the Economic Development Department has contracted with The Altum Group to design certain improvements, including widening the drive aisle and creating parking areas. One such area of improvement is located at San Marcos Avenue. The plans show San Marcos Avenue, and the adjacent lots to the east and west, being converted into a parking area with a storm water detention basin in the center. The construction of the parking area would close vehicular access to San Clemente Circle, but pedestrian access would be maintained. To change the use from street right-of-way to a parking area, the City must vacate the right-of-way by resolution. The right-of-way to be vacated is a portion of Lot I from Palma Village Unit No. 7 plat map. In 1946, Riverside County rejected the offer of dedication for Lot I. However, in Book 1442, Page 126, the County, by resolution dated February 16, 1953, accepted Lot I, designated as San Marcos Avenue. The resolution under consideration will vacate the right-of-way by splitting the subject property down the centerline, and merging the vacated portions with the properties to the east and the west. The City owns both of the adjacent lots. The resolution for this vacation will retain any utility easements and other easements of record. In addition, a public utility easement will be created over the area that was formerly the street right-of-way for any existing utilities without a recorded easement. Residents and business owners in the area have been notified, and a legal notice was published in the local newspaper in accordance with the California Streets and Highway Code. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Dep met ead: c _ Ry G yler roject Administrator Mark Gre a 'wood, P. Director of Public WorN J nn M. Moore, Director of'inance Approval: Lauri Aylaian, City Manager RESOLUTION NO. 2016 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO VACATE AND CLOSE A PORTION OF SAN MARCOS AVENUE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 3 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER AND RESOLVE as follows: WHEREAS, the City Council initiated proceedings to vacate the public right-of-way, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto, and the City Council finds that said notice of such vacation was published and posted, as required by law; and WHEREAS, the City Council on the 8th day of December 2016 held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacations were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Paul Desert considered such matter and finds from the evidence submitted that the right-of-way described as a portion of San Marcos Avenue, more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part of, serves a greater public benefit as parking improvements related to the Alessandro West Improvements. 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 San Marcos Avenue be vacated as described and as set forth in Exhibits "A" and "B" attached hereto subject to and retaining all public utility easements and other easements of record existing within said public rights -of -way. Additionally, a public utility easement is to be reserved for public convenience, in accordance with Section 8340(a) of the State Highway Code, over the right-of-way to be vacated as described and as set forth in Exhibits "A" and "B", and RESOLUTION NO. 2016- 96 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 at a regular meeting of the Palm Desert City Council held on this 81h day of December 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 RESOLUTION NO. 2016-96 EXHIBIT "A" SAN MARCOS AVENUE PARTIAL STREET VACATION LEGAL DESCRIPTION BEING A PORTION OF LOT I OF PALMA VILLAGE UNIT NO.7 INTHE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 116 OF SAID PALMA VILLAGE UNIT NO. 7; THENCE NORTH 00013'00" WEST 27.00 FEET ALONG THE EAST LINE OF LOT 116 AND THE WESTERLY RIGHT OF WAY LINE OF SAN MARCOS AVENUE, 60.00 FEET WIDE, TO A LINE PARALLEL WITH AND 27.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LOT 116, AND TO THE TRUE POINT OF BEGINNING. THENCE NORTH 0001T00" WEST 73.00 FEET TO TI IE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90000'00" TO THE NORTHEAST CORNER OF SAID LOT 116; THENCE NORTH 89047'00" EAST 100.00 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAN CLEMENTE CIRCLE TO THE NORTHWEST CORNER OF LOT 109 OF SAID PALMA VILLAGE UNIT NO. 7, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90000'00" TO THE EASTERLY RIGHT OF WAY LINE OF SAN MARCOS AVENUE AND THE WEST LINE OF SAID LOT 109; THENCE SOUTH 00013'00" EAST 73.00 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE WEST LINE OF SAID LOT 109 TO A LINE PARALLEL WITH AND 27.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LOT 109; THENCE SOUTH 8904700" WEST 30.00 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID SAN MARCOS AVENUE; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89047'00" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 5,751 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the supervision of: Tw�Jusieh, PLS 8722 Date: 6 TUNG JU HSIEH 8722 Exp. June 30. 2016 RESOLUTION NO. 2016-96 EXHIBIT "B" SHEET 1 of 1 SAN MARCOS AVENUE PARTIAL STREET VACATION PALMA VILLAGE UNIT #7 115 M.B. 21 1 H8 110 SAN CLEMENTE CIRCLE LOT H N89 47'00'E 100.00' c� AREA: 5, 751 SF G, 30' I 30' 17 116 g g W TPos � Q $ S89 47'00'W 60.00' - — — — — 30.00' 30.00' o $ c^v POC o^ — — SE COR LOT 11604 I N — — N ALESSANDRO ALLEY N LOT A LOT R 161 162 O PALMA VILLAGE �JNIT #11 1 M.B.21196 D�PL LAND CURVE TABLE J U SG CURVE I RADIUS I DELTA LENGTH ouch-G yS�`� C1 20.00' 90100'00' 31.42' .c a No. 8722 =Om Exp. 06/30/16 K GRAPHIC SCALE SCALE 1.a40. �qlF OF CAIA 0 20 40 s PREPARED UNDER THE SUPERVISION OF: • Engineering • Planning •Survey •Environmental The Altum Group TUNG JU HSIEH, P.L.S. 8722 DATE 73-710 Fred Waring Drive, Suite 219, Palm Desert, CA 92260 t.760.346.4750 TheAltumGrout).com f.760.340.0089 Date- 2016 ALESSANDRO WEST SAN MARCOS VACATION k\y FUTURE PARKING ViVlNlTY MAP