HomeMy WebLinkAboutRes 2015-01 - Vacate Various Emergency Vehicle Fire Access EsmntsCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION 2015- 01 VACATING VARIOUS
EMERGENCY VEHICLE (FIRE) ACCESS EASEMENTS WITHIN
AN UNDEVELOPED PORTION OF MARRIOTT SHADOW RIDGE
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Marriott Ownership Resorts, Inc.
c/o RBF Consulting, a Company of Michael Baker Corporation
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1687
DATE: January 8, 2015
CONTENTS: Resolution
Easement Vacation Exhibits "A" and "B"
Tract Map No. 28818-5
Vicinity Map
Aerial View Map
Recommendation
By Minute Motion, adopt Resolution 2015- 01 vacating various
emergency vehicle (fire) access easements within an undeveloped portion
of Marriott Shadow Ridge.
Background
The subject Emergency Vehicle (Fire) Access Easements (EVAE) are located generally
in the very southeast portion of the Marriott Shadow Ridge development (time share
units), which is located on the east side of Monterey Avenue between Frank Sinatra
Drive and Gerald Ford Drive. The proposed vacation will abandon the existing EVAEs
that have not been used for the intended purpose because the buildings have not been
constructed to date. The EVAEs were dedicated to the City of Palm Desert and
accepted on the map of Tract No. 28818-5 by the City Council on November 8, 2007.
Said map recorded with the County of Riverside on December 26, 2007. A portion of
the EVAE designated herein as Area 1 was granted to the City of Palm Desert, shown
as Parcel D in Document No. 2007-0764001, recorded December 26, 2007, of records
of Riverside County.
Staff Report
Resolution No. 2015- 01 Vacate Emergency Access Easements -Marriott Shadow Ridge
Page 2 of 2
January 8, 2015
The owner, Marriott Ownership Resorts, Inc., and their engineer, RBF Consulting, have
determined that the future building layouts will encroach into or be incompatible with the
subject EVAEs to be vacated. Final building layout and site configuration is still in the
works, but a condominium plan cannot be filed with the Bureau of Real Estate with the
current conflicting easements in place. The owner and engineer have been working
with the Fire Department throughout the process, and new EVAEs will be recorded
when building layout is finalized, and before building permits are issued.
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.
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
//. 1�a
R. Page Garner, L.S.
Senior Engineer/City Surveyor
;aimesFAI�drich, Fire Safety Specialist
Wohlmuth, City Manager
ead:
Mark Proenwood, P.E`A
Direct r of Public Works
G IPubWorkslSta// RepodsQ015Vanuary 8101 Resolution Vacating Various Emergency Access Easements -Marriott Shadow RidgelSR Resolution to Vacate Emergency
Access Easement Marriott Shadow Ridge rtl
RESOLUTION NO. 2015- 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, VACATING VARIOUS
EMERGENCY VEHICLE (FIRE) ACCESS EASEMENTS
WITHIN AN UNDEVELOPED PORTION OF MARRIOTT
SHADOW RIDGE 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 easements described in Exhibits "A" and
"B", attached hereto and made a part hereof, have not ever been used for their
dedicated or acquired purpose, and shall be superseded by relocation prior to the
issuance of building permits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT,
CALIFORNIA, AS FOLLOWS:
1. That the various Emergency Vehicle (Fire) Access Easements 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
Emergency Vehicle (Fire) Access Easements 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 8th day of January, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Webber, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
Resolution No. 2015-01
EXHIBIT "A"
EMERGENCY VEHICLE ACCESS EASEMENT(S) VACATION
Those certain emergency vehicle access easements as shown and dedicated to the City of Palm Desert on
Tract No. 28818-5, filed in Book 427, of Maps, at Pages 91 through 101, inclusive, in the Office of the
County Recorder of Riverside County, California, lying within Lots 9 through 13 of said Tract No. 28818-5,
together with that certain emergency vehicular access easement designated as Parcel D in the Grant of
Easement to the City of Palm Desert recorded on December 26, 2007 as Document No. 2007-0764001 in the
Office of the County Recorder of Riverside County, California, lying within a portion of Lot 19 of Tract No.
28818-1, filed in Book 289, of Maps, at Pages 15 through 26, inclusive, in the Office of the County
Recorder of said County and State, all more particularly described as follows:
AREA 1
COMMENCING at the southerly most northwest corner of said Lot 12;
thence along the west line of said Lot 12 South 25'23'171' East 26.40 feet to the POINT OF BEGINNING;
thence continuing along said west line South 25'23' 17" East 27.24 feet;
thence South 48'38' 13" East 44.76 feet;
thence North 66025'42" East 28.42 feet to the northwesterly right-of-way line of Rose Ridge Drive (Lot
`C') as shown on said Tract No. 28818-5;
thence along said northwesterly right-of-way line South 15°00'31" West 44.00 feet to the beginning of a
tangent curve concave to the northwest and having a radius of 4.50 feet;
thence southwesterly along said curve and said right-of-way line an arc length of 4.82 feet through a central
angle of 61 °23' 17" to a point of reverse curvature with a curve concave southeasterly and having a radius of
31.00 feet, a radial line of said curve from said point bears North 13'36' 12" West;
thence southwesterly along said curve and said right-of-way line an arc length of 7.04 feet through a central
angle of 13'01'08";
thence non -tangent from said curve and leaving said right-of-way line North 52°28'05" West 53.57 feet;
thence North 30'24' 17" West 53.48 feet;
thence North 58°00'51" East 23.00 feet to the POINT OF BEGINNING.
CONTAINING: 2,884 square feet, more or less.
AREA 2
BEGINNING at the northwest corner of said Lot 13;
thence along the north line of said Lot 13 South 78013'07" East 1.34 feet;
thence South 11'46'53" West 57.71 feet;
Page 1 of 3
Resolution No. 2015-01
thence South 02' l T 10" East 23.71 feet;
thence South 06°02'34" West 23.09 feet to the north right-of-way line of Rose Ridge Drive, (Lot `C') as
shown on said Tract No. 28818-5;
thence along said north right-of-way line North 76°40'50" West 12.39 feet to the beginning of a tangent
curve concave to the south and having a radius of 34.50 feet;
thence westerly along said curve and said right-of-way line an arc length of 16.09 feet through a central
angle of 26'43' 16";
thence non -tangent from said curve and leaving said right-of-way line North 15°24'03" West 26.59 feet;
thence North 25°45'57" East 49.93 feet;
thence North 1 1°46'S3" East 34.50 feet;
thence South 78°13'07" East 18.66 feet to the POINT OF BEGINNING.
CONTAINING: 2,741 square feet, more or less.
AREA 3
COMMENCING at the southwest corner of said Lot 9, said point also being on the northerly right-of-way
line of Rose Ridge Road (Lot `A') as shown on said Tract No. 28818-5, said point also being the beginning
of a non -tangent curve concave to the southeast and having a radius of 46.50 feet, a radial line of said curve
from said point bears North 13'20' 13" West;
thence southwesterly along said curve and said right-of-way line an arc length of 4.82 feet through a central
angle of05°56' 17"to the POINT OF BEGINNING;
thence continuing southwesterly along said curve and said right-of-way line an arc length of 22.14 feet
through a central angle of 27' 16'30";
thence non -tangent from said curve North 02'46' 19" West 361.92 feet to the south right-of-way line of
Rose Ridge Drive (Lot `C') as shown on said Tract No. 28818-5, said point also being the beginning of a
non -tangent curve concave to the north and having a radius of 31.00 feet, a radial line of said curve from
said point bears North 16002' 10" East;
thence northeasterly along said curve an arc length of 20.36 feet through a central angle of 37'38' 17";
thence non -tangent from said curve South 02°46' 19" East 352.94 feet to the POINT OF BEGINNING.
CONTAINING: 7,107 square feet, more or less.
AREA 4
BEGINNING at the northeast corner of said Lot 9, said point also being on the west right-of-way line of
Rose Ridge Drive, (Lot `C') as shown on said Tract No. 28818-5;
Page 2 of 3
Resolution No. 2015-01
thence along the east line of said Lot 9 South 00°00'00" East 17.26 feet;
thence North 67'13'46" West 43.76 feet to a line parallel with and distant 0.32 feet south of the north line
of said Lot 9;
thence along said parallel line North 90°00'00" West 95.69 feet;
thence North 00100'00" East 20.00 feet to a line parallel with and distant 19.68 feet north of the north line
of said Lot 9;
thence along said parallel line South 90°00'00" East 95.57 feet;
thence North 67'35' 17" East 43.78 feet to said west right-of-way line;
thence along said west right-of-way line South 00°00'00" West 36.37 feet to the POINT OF
BEGINNING.
CONTAINING: 3,400 square feet, more or less.
ALL SUBJECT TO all Covenants, Rights, Right -of -Ways, and Easements of Record, if any.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
Christopher L. Alberts, P.L.S. 8508
i,
Date
Page 3 of 3
(Page 1 of 1)
Recording Requested B,
First American Title - NHS
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
City Clerk
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
DOC # 2007-0764001
12/26/2007 08:00A Fee:NC
Page 1 of 11
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
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426
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EXAM
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,- GRANT OF EASEMENT
p A.P.N.:694-350-001 ES]The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CrrY TRANSFER TAX $0.00;
L I computed on ttre consideraton or full value of property conveyed, OR
l computed on the consideration or full value less value of lens and/or encumbrances remaining at time of sale,
i
unincorporated area; [X ] City of Palm Desert, and
J FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MarriottOwnership Resorts,
^+ Inc., a Delaware corporation
l " hereby GRANTS to The City of Palm Desert
the following described property in the City of Palm Desert, County of Riverside, State of California:
fire easements for access, ingress and egress of service and emergency vehicles over that
certain property described in Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein by reference.
Dated: S o�
Authorized Signer (Signature) AIJARbrqed Signer
-W�_-y-40v_(
(Printed Name) (Printed Name)
(Title) (Title)
Mail Tax Statements To: SAME AS ABOVE
(Page 1 of 1)
A.P.N. 694-350-001
STATE OF CA )SS
COUNTY OF 17_lyeAi10e _ )
Grant Deed - continued
On It—fn-O'1 ,before me, y,.IWr-&tiy VILL14V" KALWAN✓
Notary Public, personally appeared
PEW- &AH Ly" , personally known to me
(or 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.
WITNESS my hand and official seal.
;Signature
My Commission Expires: Ce -1M-1.01 I
GREGM WU M KNL~
50--c-o-m-m-fts-lon*17474"
Notary rubllc - Ca#kX o
Rh*rlkle County
MyCMM 9"nJ sn24, 2011
This area for olifcial notarial seal
Notary Name:CAec-c&j L4#Lu ohm KmA mAwfa Notary Phone: -30-0Y - 239y
Notary Registration Number: 1-247443 County of Principal Place of Business: rl.iytns,PC-
Page 2 of 2
(Page 1 of 1)
RBF CONSULTING
74-130 County Club Drive, Suite 201
Palm Desert, CA 92260-1655
October 30, 2007
J N 20100783-M4
Page 1 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
FIRE EASEMENTS
MARRIOTT SHADOW RIDGE
Those certain parcels of land situated in the City of Palm Desert, County of Riverside,
State of California, being those portions of Lot 19 of Tract No. 28818-1 as shown on a map
filed in Book 289, Pages 15 through 26, inclusive, of Maps, in the Office of the County
Recorder of said County of Riverside, described as separate parcels as follows:
PARCEL A:
COMMENCING at the southeasterly terminus of that certain course shown as
"N75034'13"W 311.85' " for a portion of the boundary line of said Lot 19;
thence along said boundary line North 75'34'13" West 229.46 feet to the TRUE POINT OF
BEGINNING;
thence continuing along said boundary line North 75034'13" West 22.93 feet;
thence South 36°30'06" West 1.81 feet;
thence South 47°28'36" East 20.06 feet;
thence North 42'26'00" East 12.60 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 146 square feet, more or less.
PARCEL g:
COMMENCING at the southwesterly terminus of that certain course shown as
"N11011'26"E 225.75' " for a portion of the boundary line of said Lot 19, said point also
being the southeast corner of Designated Remainder no. 3 parcel per said Tract No.
28818-1;
11:.PDAT I �10100783 A dmitr `.1egals'•. TE,'Lf:7b'31g1004. doc
(Page 1 of 1)
Legal Description
Fire Easements - Marriott Shadow Ridge
October 30, 2007
JN 20-100783-M4
Page 2 of 3
thence North 14056'44" East 33.78 feet to the TRUE POINT OF BEGINNING;
thence continuing North 14°56'44" East 87.23 feet;
thence South 11 000'31 " East 39.24 feet;
thence South 11 '1 TO 1 " West 68.36 feet;
thence North 79°41'42" West 20.00 feet;
thence North 09049'10" East 17.96 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 1,628 square feet, more or less.
PORCFI C-
COMMENCING at the northwesterly terminus of that certain curve shown as being
concave southwesterly and having a radius 91.50 feet and a radial bearing of North
21 *57'13" East for a portion of the boundary line of said Lot 19;
thence along said boundary line and said curve southeasterly 54.95 feet through a central
angle of 34024'23" to the TRUE POINT OF BEGINNING;
thence continuing along said boundary line and said curve southeasterly 22.06 feet through
a central angle of 13°48'59";
thence North 66'10'51" East 16.25 feet;
thence North 31°09'21" East 53.93 feet;
thence North 64024'37" West 21.34 feet;
thence South 38019'56" West 53.89 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 1,484 square feet, more or less.
COMMENCING at the northwesterly terminus of that certain course shown as
"N25023'17"W 107.54' " for a portion of the boundary line of said Lot 19;
(Page 1 of 1)
Legal Description
Fire Easements - Marriott Shadow Ridge
October 30, 2007
JN 20-100783-M4
Page 3 of 3
thence along said boundary line South 25'23'17" East 26.40 feet to the TRUE POINT OF
BEGINNING;
thence continuing along said boundary line South 25°23'17" East 81.14 feet;
thence continuing along said boundary line South 08046'23" West 5.36 feet;
thence North 52°28'05" West 33.31 feet;
thence North 30'24'17" West 53.48 feet;
thence North 58000'51" East 23.00 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 1,430 square feet, more or less.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared
by me or under my direction.
Levi David ox, P. L.S. 7930
My license expires 12/31/07
NO
LAIU��
�\ L S NeJ93G
�T P
(Page 1 of 1)
INDICATES EASEMENT AREA
OF 145.6 S.F.t
DATA TABLE
NO
I BEARING/DELTA
I RADIUS
I LENGTH J
1
N75°34'13"W --
22.93'
2
S36°30'06"W --
1.81'
3
S47°28'36"E --
20.06'
4
N42'26'00"E --
12.60'
5
O�c'1P1��
T.P.O.B.
594g 1 / %
„N75 0 0
�
34 13 "W
3j7.85—
4 229.46'
! �1
PARCEL A-
PGA _P.0.c.
41
1°J
�O
LANO`Sli
I 4C \�)Avlp c 9
J o
c =�
L 30
s _X 12 v07 \�
C
�1 C
SHEEI 1 OF 4 SHEET
EXHIBIT "VR" P�nn'n° • DE51on • cone*nucrion
PLAT TO ACCOMPANY 74A30 COUNMY CLUB DRVE-
A LEGAL DESCRIPTION FOR • • PA AI DESCRY, CALF W 9226D-r
FIRE EASEMENT. CONSULTING 75034674M • PAX 760.30a3Z . r FSFcon,
DATE: OCTOBER 30, 2007 JN: 20-100783-M4
(Page 1 of 1)
r—
INDICATES EASEMENT AREA
OF 1627.8 S.F.±
DATA TABLE
f NO
BEARING/DELTA
! RADIUS
I LENGTH
N14°56'44"E --
33.78'
2
N14°56'44"E --
87.23'
3
S11°00'31"E --
39.24'
A
S11°17'01"W --
68.36'
5
N79°41'42"W --
20.00'
6
N09°49'10"--- --
17.96'
04'�'1P1�0
T.P
0
1/
- PARCEL B
C. 0 �>,
SC'A I (`
SHEET 2 OF 4 SHEET
EXHIBIT nBn . .
PLAT TO ACCOMPANY 74-MCa�CLUB oRNE
A LEGAL DESCRIPTION FOR WF
PAW DESERT. CALFCNNA922W-tess
FIRE EASEMENT. c 0 N s u LT, N G 7W34614V • FAX 7W30WI5 • w& FW.com
DATE: OCTOBER 30, 2007 JN: 20-10OY8.5-.M4
(Page 1 of 1)
INDICATES EASEMENT AREA DATA TABLE
OF 1484.0 S.F.t 1NO BEARING/DELTA i RADIUS LENGTH
1 79`13'01 91.50' 126.51'
2 34'24'23" 91.50' 54.95'
3 13°48'59" 91.50' 22.06'
4 N66'10'51"E -- 16.25'
5�0NAL LA�/as(, 5 N31 ° 09 ' 21 "E -- 53.93'
pAvrac 6 N64'24'37"W -- 21.34'
a 7 S38`19'56"W -- 53.89'
131 07
OF CALIFOP
Cv
00
\-O
PARCEL C
P.O.C.
S21°57'13"W O 7
(R)
3 55
T.P.0 B.
S56'21'35_W�//(D
`�O �Q • N70 ° 10 ' 34 " J 4�
O
50 ',C 150
SCE, L: -a^
SHEET OF 4 SHEET _
EXHIBIT "R " PLAN NINO ■ OCSIGN ■ CaNSTRUCT ON
PLAT TO ACCOMPANY 74-130 CaMrm CLUB
A LEGAL DESCRIPTION FOR • • PALM DESERT, CALF<)R" 92260-WW
FIRE EASEMENT. CONSULTING 760,W74M • FAx760.3"8= • »wrtF—
DATE: OCTOBER 30, 2007 JN: 20-100763-M4
(Page 1 of 1)
INDICATES EASEMENT AREA
OF 1430.3 S.F.±
DATA TABLE
NO I BEARING/DELTA RADIUS LENGTH
1 N52°28'05"W -- 33.31'
2 N30°24'17"W -- 53.48'
3 N58°00'51"E -- 23.00'
N13'17'28"E
1i.41
PARCEL D
EXHIBIT nB n
PLAT TO ACCOMPANY
A LEGAL DESCR)PT)ON FOR
FIRE EASEMENT.
26.40'
5 L°
i
fL�g I N
4O.
5.36'
C-�
SCi, 0
SHEET 4 OF 4 SI:EET
FCLYN NiNA ■ OE9— ■ CON— ... T.—
■ ■ ■ 74-130 Cowmy CLL6 O(rOF
PALM DESEM CALF)R" 92260-iM
C O N S U LTI N G 7WW74e1 • FAX 7W30 8M • . fWP
DATE: OCTOBER 30, 2007 JN: 20-100783 A!4
(Page 1 of 1)
CITY 01 P 0 1 M
73—Sio FREE WARING DRIVE
PAL.m DLSER'L, CALIFORNIA 92260-2578
TEL:76o 346-o6ii
FAX:760 340-0574
inlo(r)palm-dcscrt.org
Fire Easements
Tr. Map No. 28818-5
APN 694-350-001
(Marriott's Shadow Ridge)
EXHIBIT
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the
GRANT OF EASEMENT dated December 5, 2007, from MARRIOTT OWNERSHIP
RESORTS, INC., to THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION, is
hereby accepted pursuant to its Resolution No. 77-48, adopted May 12, 1977.
RA H LLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
December 10, 2007
�: •nuar, ar rua
Page 1 of 2
(Page 1 of 1)
RESOLUTION NO. 77-48
EXHIBIT
A RESOLUTION OF THE CITY OF PLAM DESERT, CALITORNIA,
AUTHORIZING THE CITY CLERK TO ACCEPT OFFERS OF
RIGHT-OF-WAY ON BEHALF OF THE CITY UPON THE
RECOMMENDATION OF THE CITY ATTORNEY AND CITY
ENGINEER
The City Council of the City of Palm Desert does hereby
resolve that the City Clerk is authorized to accept and record on
behalf of the City all offers of dedication, easements, and other
grants of right-of-way offered to the City for public purposes when
such acceptance is recommended by both the City Attorney and the
City Engineer.
PASSED, APPROVED, and ADOPTED on this 12ttr- day of May, 1977,
by the following vote:
AYES: Brush, McPherson, Newbrander, Wilson & Mullins
NOES:
ABSENT: .
ABSTAIN:
EACH DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL -ON FILE AND ON
RECORD IN MY OFFICE.
Dated:
RACHELLE LASSEN, City Clerk
CTr
i , Califor 'a
By:
ATTEST:
SHEILA R. GILLIGAN, City��lerk
City of Palm Desert, California
9&qj'�_
D D. MULLINS, MAYOR
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