The URL can be used to link to this page

Home My WebLink AboutA. REQUEST FOR A FINDING OF GENERAL PLAN CONSISTENCY FOR VACATING PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY. CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT PLANNING COMMISSION STAFF REPORT REQUEST: Finding of General Plan Consistency for Vacating Portions of Fred Waring Drive and Alaska Avenue Right of Ways SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: City of Palm Desert DATE: August 3, 2010 CONTENTS: Vacation Exhibit A, Legal Descriptions Vacation Exhibit B-1, Fred Waring Drive Vacation Exhibit B-2, Alaska Ave. at F.W. Dr. Vicinity Map RECOMMENDATION: By Minute Motion, find that the proposed street vacations of portions of Fred Waring Drive and Alaska Avenue are consistent with the General Plan. BACKGROUND In keeping with the General Plan for the City of Palm Desert, Fred Waring Drive was widened to three travel lanes in each direction. In conjunction with the widening a soundwall was required to mitigate noise levels. During the design phase of the sound wall along the north side of Fred Waring Drive between Tennessee Avenue and Elkhorn Trail, it was discovered that over the course of many years, while still an unincorporated area of Riverside County, various private resident improvements, including swimming pools, had been constructed within the public right of way. The location of the wall was placed so that the impact to the residents within the project limits was minimized. Therefore, although much of the wall was designed and constructed at the northerly right of way line (49 feet north of Fred Waring Drive centerline), the wall fronting twenty- four lots was designed and constructed within the existing right of way avoiding the aforementioned residential improvements. In addition, on November 10, 2005, the City Council adopted Resolution 05-100 closing Alaska Drive at Fred Waring Drive. A line of sight issue created an unsafe condition Staff Report General Plan Consistency for Vacating a Portion of Fred Waring Drive Right of Way August 3, 2010 Page 2 of 3 and the soundwall was constructed across Alaska Avenue creating a permanent closure. The barrier created two small excess portions of right-of-way on the north side of the wall. Staff has determined that since the wall, as completed in 2008, is a physical barrier that now separates the private residential area from the public right of way, the portion of the right of the way north of the wall, on the residential side, as described herein is unnecessary for present or prospective public purposes, except for any public utility right that may exist. The adopted Resolution for this vacation will retain any utility easements of record. California Government Code Section 65402 requires, in part, that the Planning Commission report to City Council that the subject vacation is consistent with the adopted General Plan. Therefore, staff requests that the Planning Commission, by Minute Motion, find that the proposed street vacations of portions of Fred Waring Drive and Alaska Avenue are consistent with the General Plan. Prepared by: Department Head: 7 1' 44t511 rrr Mark Greenwood,Page Gar e , L.S.S .E. Senior Engineer/City Surveyor Director of Public Works Bo Chen, .E. City Engineer G.\PubWorkslPage GarnerPlanning Commission Staff Report 07-20-10.doc EXHIBIT "A" LEGAL DESCRIPTIONS FRED WARING DRIVE RIGHT OF WAY VACATION IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED UNDER ITEM NO. 2 IN THAT CERTAIN DEDICATION AND EASEMENT DEED TO THE COUNTY OF RIVERSIDE, RECORDED APRIL 19, 1965 AS INSTRUMENT NO. 45347, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: THE NORTHERLY 3.50 FEET OF THE SOUTHERLY 9.00 FEET OF LOTS 222 AND 223, AND THE NORTHERLY 8.50 FEET OF THE SOUTHERLY 9.00 FEET OF LOTS 200 THROUGH 221 INCLUSIVE, ALL OF TRACT NO. 2283 AS PER MAP FILED IN BOOK 42, PAGES 82 THROUGH 89 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE. ALASKA AVENUE RIGHT OF WAY VACATION THOSE PORTIONS OF ALASKA AVENUE, LOT B, OF TRACT NO. 3860 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 60, PAGES 55 THROUGH 57 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 143 OF SAID MAP OF TRACT NO. 3860; THENCE N89°53'09"E 47.83 FEET ALONG THE SOUTH LINE OF SAID LOT 143 TO THE BEGINNING OF CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET, SAID BEGINNING ALSO BEING THE SOUTHWEST CORNER OF SAID ALASKA AVENUE, LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY 31.38 FEET ALONG THE WESTERLY LINE OF ALASKA AVENUE, LOT B, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°53'19" TO A POINT OF CUSP WITH THE SOUTHERLY PROLONGATION OF THAT PORTION OF THE WESTERLY LINE OF ALASKA AVENUE, LOT B, SHOWN AS HAVING A BEARING OF"NO°00'10"W"ON SAID MAP; THENCE ALONG SAID PROLONGATION SO°00'10"E 19.96 FEET TO THE NORTH LINE OF FRED WARING DRIVE(49 FEET HALF RIGHT OF WAY PER SAID MAP); THENCE ALONG SAID NORTH LINE S89°53'09"W 19.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 85.45 S.F., MORE OR LESS. AND COMMENCING AT THE SOUTHEAST CORNER OF LOT 142 OF SAID MAP OF TRACT NO. 3860; THENCE S89°53'09"W 42.96 FEET ALONG THE SOUTH LINE OF SAID LOT 142 TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET, Page 1 of 2 SAID BEGINNING ALSO BEING THE SOUTHEAST CORNER OF SAID ALASKA AVENUE, LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY 31.45 FEET ALONG THE EASTERLY LINE OF ALASKA AVENUE, LOT B, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°06'41" TO A POINT OF CUSP WITH THE SOUTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF ALASKA AVENUE, LOT B, SHOWN AS HAVING A BEARING OF"NO°00'10"W"ON SAID MAP; THENCE ALONG SAID PROLONGATION SO°O0'10"E 20.04 FEET TO THE NORTH LINE OF FRED WARING DRIVE(49 FEET HALF RIGHT OF WAY PER SAID MAP); THENCE ALONG SAID NORTH LINE N89°53'09"E 20.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 86.23 S.F., MORE OR LESS. EXHIBITS "B-1" AND "B-2" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. /--' t,pf4D$49 L /79 i4/ 7/Z 2.ho R. PAGE GARNER, L.S. 4' 9 9 CITY SURVEYOR E$ 3i rz CITY OF PALM DESERT, CALIFORNIA L.S.140.8156 ' / Op CAL Page 2 of 2 1d37M0738 33S I M M o o N N09 . 4". 7 i'eLL N�lOH)173 0 • �, en __� 1 ' 1 N ` p \ M- \ N O N 1 4 \ N ,5 8 \I9 0/7N i98 r504 1 I N0 N N \ oa • w ci Q O oN i r 64 N \ 2 v. W \ tu W 7.; Nz Z N �3 W Z Z O qC Q Q W. 3 N \w 02° F.c I C \� V m Q (7.1 74 ,\ 1 F2 zme co Z N �"‘ , � m O N N ,5 ss. 4 Q W W o \2 C4 'S _V) ? W N LL 0\ V ' N \ Q O I— N \� �• , .1 CC Lu N \ Q r� r�►s lU ad _Z \ Ff.N ,9'£ \ ,S Sft t ( • \ Q `� W v N N N \ On sk)4 ifi W \i. N o 4r \ 0 or ,. N v. ,64 ,9-8 ‘.S'04 tO N \ N N .J I N \ 1 .N.NN:•• N N N 1 r \\ I en1 \ 3(1 3/Ib'33SS3NN31 T rq 21 ... \4\14---4, O N 1H918 3/IO8V 33S • C7 �� 2 --mo - v 1 aC o£ Q p tO .a. 1/49 ZI N aoo N a 4rq c. , w 1v°, .1d o CoD c- G'y. M o- ,a"O'az � � Q m 03 0 Yf7 NY/1 r a 1.- .m k) a; ..4 07) V M„O/,0000 N )3 + a LJJ ,w' V it J V 7 4' 4 LL 1 0 ,s,“/ V = ;P Fi QO m o N.A p 1. t+�♦ m''''' y� O£ ` �;MN M O 14 VC kkl W k Q a 1, h I1 V i N Immoam l I Ll l "MOT IIIIII a .v1 \,__, — Ill 1 i I HI it___ I —frnirt DR b y-. l 0 ! ��1 ti.— P. Q to — b 6 yj m— • _ i_ 133ill - - ,i 2l1Sl?7o.(=-21-r. 1 °= 'ti_glVSItle-Sv7:M S I I ! 1 I 1 ii i _____ . _ z w lk r7IVell 2I31*IdM .>> .41 y7' 3f1N3Ab SIYX3l 1 VIVI O a.. t% O3R� i I r so RI poi a s,AvENuE ; ';c4 i ' fs•In07 m j U Q iii z I • P se pc 4, w IL '- H ,,. - „ ,4 Z Q o oN- �31N3A.V SISNO:a:SfM-(;'4.701133NN0" ,, O''tlyd' z MI Q �, w J i- 1- I•T 1 I I I.11 I:I I I,I I I 1 V grA ."< �' � uni gum z g �i ■i LL 3nN3XV S3R13nbanl ► ,0 • pm ' I` EN g g mow— w — EN a z 0 » Sri 41_motf, - -z--- v) .— Mill ate.• i i o. 1 u,, O �� rir r'rr�-r Z y:- ^ j V i 'a O O.-000— r 2 ;Q— Q — z .1 NI u. f s��b 0 IN NI NI Mil i � ssA s \\ IX -wC Q: 'z illI � mi IN mu mill 0�'a 'T Q 2— —w ,r mi NI III s n ?� _ }. z . G0 = t�ISb/7ti� = I L - ... . . tanuminn • (/7 1111 Ed H C) k:, .0,v 1.00 �,*�co 3� H) 1'3,at S �•l I ( = im I .d1�7,, •V11.0' O �J » z W_�_ S76 iiI 1111(749?o h L*4- 311 3nV.VINIJ81n' • I '" �o 3Nno:aNdsJ 4 �� III I„ 1 ( I I I,T( I 11 I,I I I I I I I 1 1 I I II I I I lo I law w_. 4 4 'Wrti CITY OF INDIAN WELLS oy , Ai, o `�l0 >P