HomeMy WebLinkAboutRes 2015-88 - Vacate PUE - T31490-1Resolution No. 2015- 88
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION 2015- 88 VACATING EXCESS PUBLIC
UTILITY EASEMENTS LOCATED OVER PORTIONS OF LOTS
"AW AND "T" AND THE RIGHT OF INGRESS AND EGRESS FOR
SERVICE AND EMERGENCY VEHICLES AND PERSONNEL
OVER ALL OF LOT "T" OF TRACT NO. 31490-1
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: November 12, 2015
CONTENTS: Resolution 2015- 88
Easement Vacation Exhibits "A" and "B"
Record (Final) Map (4 pages)
Lot Line Adjustment PMW 15-235 Exhibit B (2 pages)
Vicinity Map
Recommendation
Waive further reading and adopt Resolution 2015- 88 vacating excess
Public Utility Easements (PUE) located over portions of Lots "AH" and "T",
and the right of ingress and egress for service and emergency vehicles
and personnel over all of Lot "T" of Tract No. 31490-1
Background
The subject easements to be vacated are located over all or portions of Michelangelo
Lane (Lot "T") and an adjoining internal landscape lot (Lot ""AH") within the Ponderosa
Homes development as shown on the attached exhibits. The easements were
dedicated to, and accepted by, the City of Palm Desert on the map of Tract No.
31490-1. Said map recorded with the County of Riverside on November 2, 2006, as
Map Book 412, Pages 27-37. Ponderosa Homes sold Lots "T" and "AH" to D.R. Horton
along with numerous other lots per deed recorded on April 23, 2013.
The portions of the subject easements to be vacated are considered excess by staff
because there are no in -place public utility facilities within the subject area, nor is there
a future need for them. Also, since Lot "T" (Michelangelo Lane) is not a necessary
through street, and because the Planning Commission approved a lot line adjustment
on October 20, 2015, (Parcel Map Waiver 15-235) to accommodate the creation of a
new residential lot (Parcel A), and a lot for future pedestrian access to Dolce Avenue
Staff Report
Vacate PUE Tract 31490-1
Page 2 of 2
November 12, 2015
— Resolution 2015- 88
and Cortesia Way to the west (Parcel B); the right of ingress and egress for service and
emergency purposes is not necessary. 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.
The existing public utility easement will remain in the narrower Parcel B, and CVWD will
relocate the existing water main currently located in Parcel A into a new CVWD
easement in Parcel B. A separate easement was dedicated to CVWD within underlying
Lot "T" of Tract No. 31490-1. After the water main is relocated, CVWD will quitclaim
their easement within Parcel A. CVWD, Verizon, The Gas Company, and SCE have
submitted non-interference letters regarding this matter. Time Warner Cable was non-
responsive, but they have no facilities in the subject area of concern.
The Fire Department has reviewed this vacation and has no concerns or objections.
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
a
Bo Chen, P.E.
City Engineer
p rova I:
hn M. Wohlmuth, City Manager
I
Mark Gr n ood, P.E.
Director Ilublic Works
G. IPub WorkslStaH Reports12015Wovember 12105 Resolution Vacating Excess Public Utility Easement Tract No 31490-11SR Vacate Public Utility Easement Portions of Tract
No 31490-1 docx
RESOLUTION NO. 2015- 88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC
UTILITY EASEMENT LOCATED OVER PORTIONS OF LOTS
"AH" AND "T" AND THE RIGHT OF INGRESS AND EGRESS
FOR SERVICE AND EMERGENCY PURPOSES OVER ALL OF
LOT "T" OF TRACT NO. 31490-1 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, are in excess and 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 over portions of Lots
"AH" and "T", and the right of ingress and egress for service and
emergency vehicles and personnel over all of Lot "T" of Tract No. 31490-1
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
described easements will no longer constitute public service easements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 12th day of November, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
Resolution No. 2015-88
EXHIBIT `A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS VACATION
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT
"T" (MICHELANGELO LANE) AND LOT "AH" OF TRACT MAP NO. 31490-1, AS SHOWN BY
MAP ON FILE IN BOOK 412 OF MAPS, AT PAGES 27 THROUGH 37, INCLUSIVE,
RIVERSIDE COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION
29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE EASTERLY 10.00 FEET.
TOGETHER WITH THE EMERGENCY VEHICLE ACCESS RIGHTS OVER SAID LOT "T" OF
TRACT MAP NO. 31490-1.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF: LAND
� S
CHARLES R. HARRIS P.L.S. 4989 CHARlE$ R HARMS
DATED:
EX P. 12/31 /2015 No. 4989
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Resolution No. 2015-88
EXHIBIT 'OB"
7VACATIONF PUE RIGHTS OVER PORTIONS
I "AH$t OF
TRACT 412/27-37
t 40' C'
AREA OF PUE VACATION.
SCALE 1 "=40'
10' € UE PER
TR. 31490-1
LOT 1 1 1
Pt E RIGHTS REMAIN
PER TR. 1490--1 I LOT 134
i LO LOT "AG"
1 .50' 1 .50'
1' PUE PER
Uj
TR. 31490—w1
W. LINE 10,
AREA OF A TBON /=I /1,6/53 S.F.
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d
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P.O.S.
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LOT "A�I°° LCT °`.Ake"' ` .a LET
—(PRIVATE STREET)
LOT 110
10' PUE €PER
TR. 1.490 1
rS INDICATES MEASURED AND
RECORD PER TR, 1 0 -1
No. MB 412, PAGES 27-37.
MSA CONSULTING, C.
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Ile ID "I t (7 B) 320- FAX (7 ) 323-7893
DATED- _ ' J.N. 1646.007 SHEET i OF 2
Resolution No. 2015-88
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VEHICLEEMERGENCY TI
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EXHIBIT 1l SHEET 1 OF 2
P.M.P.M.W. NO.
15-235
T. MAP 31490-1
NE COR.
LOT "A NO, BEARING LENGTH
Li N 00-09'16" 6Y 30.49'
N "U3'SJ4 R L2 N 89'53'30" E 734.62'
N 89`50`35" E 136:24' L3 00-06'07°" Yd 11,4CV
L4 N 89'53'W E 44.55'
LEa N 0 "09°16T lid 74C
PARCEL 'S' 2
(LOT AG") L6i N 00"0 "16 W 53.9E'
L7 N 89'53'53" E 9.14
4 1 S.F. LOT LI ADJUNE ED TO BED L8 N 44 50'3 ' E 14 99'
co L2 CURVE DATA
N 8'53 53 E 116.30 in
N ADJUSTED ? NO, DELTA RADIUS LENGTH
LOT LINE 4 - C1 � 26 55 03" 50` 11.51'
1 ( ICHELANGELO) � C2 78 f71 8 4Ci 50' a .1 '
10 (LANE) (LOT "T") cc 3 39'4 554' 24. sD" 16.9 '
cr
C4 89"23'S8" 24.50 38.2°
m m PARCEL LOT LINE TO BE r � "
b'cn10,727 S.Fx DELETED ? C5 Ci'i} 24.50' 38.4
C .6� 10 6 39°42 " .50' 16. 8
con ,� (G � � C 78*01'48 40.501 5.1
" i C8 26'48` 0" 24.50' 11,4 ''
IS (C7) 9 110'26 29 1018.50' 7,8 a'
(LOT AH", C10 OV02'08" 1018.50' 18, 1`
S 8 "53'S3" 13 97 (- } INDICATES RECORD PER
"r, R. MAP 3140-1, ON
P.O.S. SE COR. FILE AS MB 412/27--37.
PAID. ,aA" 110 LOT "AH
I
SEE SHEET 2 FOR EASEMENT NOTES LKANDINSKY
WAY
EX. O LINE TO BE ADJUSTED OR DELETED
R. R
L
EX. LOT LINE TO REMAIN No, 4969
NEW ADJUSTED LOT LINE
NOTE. THIS PLAT WAS PREPARED FROM RECORD
DATA ONLY AND DOES NOT REPRESENT A SURVEY
OF PROPERTY SHOWN HEREON. THIS MAP HAS BEEN 0' 40' 80' " "
APPROVED UPON THE EXPRESSED CONDiTICIN THAT __n.
BUILDING PERMITS SHALL NOT BE ISSUED FOR ANY
DEVELOPMENT :WITHIN THIS ADJUSTMENT PLAT UNTIL
NECESSARY DEDICATIONS, IF ANY, HAVE OCCURRED, SCALE 1"._ 0'
LOT "T" L07 "AG" LOT "AFT" RENOIR PLACE - MICHEL.ANGELO LANE 694--260---045, 046, 065
LOT NO. STREET NAME A.P.N.
ADJUSTMENT PLAT CITY DESERT
L OR, E TR SEC. 29, 'T. 4 S�., R, 6 E., S.B,K J,N. 1 E4 iC�
SURVEYOR.- MSA CONSULTING, INC.APPLICANT: PP Y:
34-200 COB HOPE DRIVE
RANCHO} MRAGE, CA 92270 D.R. HORTON LOS ANGELE`S
ONE:i60) 30 9811 HOLDING CCPANY, IiIG.2280 WARDL_01�1 CIRC>LE`, R PACE GARNER
SURER 100 I1Y UF�1'L iGT
�1ARFil,a D"C - C:CIRDNA, CA, 92880 EXP, 12/31 15 951) 272-.-9000 1 E'XP' 3/31,�16DANK+3?.. ,"...., "A?"':Y'Y.",b
Resolution No. 2015�88
SHED QE 2
INDICATES INST. NO, 2006-915 21, REC, 12/13 `2006 O.., PARTIALLY QUITCLAIMED
1 PER
INDICATES INST. NO. 2006-056272 , REC. 6/1/20 6 OR., PARTIALLY QUITCLAIMED
J PER
I i INDICATES INST, NO, 008 -0 33149, REC, /6/2008 Q.R„ PARTIALLY QUITCLAIMED
PER
, INDICATES INST. NO. 200-0594026, REC, 11/17/2009 O.R., QUITCLAIMED ;7��
PER
INDICATES INST. NO. 01 A--003 719, REC, 1 /29 201 4 O.,, QUITCLAIMED
PER
INDICATES EASEMENT NOT QUITCLAIM Y _&ABOVE
REFERENCE IS HEREBY MADE TO CITY OF PALM DESERT RESOLUTIO
NO, RECORDED O.R., VAGATIN
THE PUBLIC UTILITY EASEMENT�OVER A PORTION OF PARCEL "A" A
THE EMERGENCY VEHICLE ACCESS OVER ALL OF LOT "To.
ADJUSTMENT PLA'1' - CITY OF PALM DESERT
SURVEYOR: : m-A CONSULTING, ,INC.
APPLICANT:
Y¢
4 — 00 BOBMOPE DRIVE
RANCHO MIRAGE, CA 92270
D:R, HORTON LOS ANG LES
A
PHONE: �760) 320•�-3511
HOLD NG COMPANY, INC,
2250 WAR LOW CIRCLE,
' _.
R. GARNe.R
(AGE'
SUITE 100
CITY SURVEYOR
C�ARLEIAKEP�e�
CORONA, CA, 92560
P..—S. 4989, EXP. 12/31,/15
951) 272--9000
EXP. 3 31/16
.M
L7AiL
Resolution No. 2015-