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Recorded in Official Records
City of Palm Desert County of Riverside
Larry W. Ward
73-510 Fred Waring Drive Assessor, County Clerk & Recorder
Palm Desert, CA 92260-2578 II `IIII II1Ut III I IIIII\
IIIIIIIIIIIIII II!
FOR THE BENEFIT OF THE
CITY OF PALM DESERT S R U PAGE SIZE DA MISC LONG RFD COPY
- NO FEE -
6103 OF THE GOVT. CODE ' EXAM
M A L 465 426 PCOR NCOR SMFH
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RESOLUTION NO. 2012-65
059
A Resolution of the City Council of the City of Palm Desert, California,
Accepting an Offer Made in Parcel Map No. 34211-1
as an Easement for Drainage Purposes,
Rather Than in Fee Title, Over Channel Lot B, and the 15-foot Wide
Easement for Drainage and Incidental Purposes
Dated: September 27, 2012
(Approved by the Palm Desert City Council)
(Title of Document)
RECEIVED 0
CITY CLERK'S OFHCE
PALM DESERT, CA
2012 NOV -2 PM 4: 48
RESOLUTION 2012- 65
: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ACCEPTING AN OFFER MADE IN PARCEL
MAP NO. 34211-1 AS AN EASEMENT FOR DRAINAGE PURPOSES,
RATHER THAN IN FEE TITLE, OVER CHANNEL LOT B, AND THE
15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL
PURPOSES
RECITALS
WHEREAS, the Mid-Valley Storm Water Project ("Project") was abandoned by
the project coordinator, Coachella Valley Water District (CVWD), by their Resolution No.
2012-9, which changed the characteristics of the channels that were previously
constructed along the proposed route of the Project from being capable of handling
erosive flows to just holding water and allowing water to percolate in retention basins;
and
WHEREAS, a portion of the proposed route is located in Lot B of Parcel Map No.
34211-1, which recorded December 31, 2009, in Book 230 of Parcel Maps at Pages
100-103, where a channel was rough graded previously by the property
owner/developer at the time; and
WHEREAS, an offer was made in said Parcel Map No. 34211-1 to convey in fee
title to the City of Palm Desert Lot B for drainage and incidental purposes, and which
said offer has not been accepted to date because the acceptance was conditioned upon
the pre-graded earthen channel to be lined in concrete by projects that adjoin the
channel to mitigate erosion from future downstream flows when the Mid-Valley Storm
Water Channel was operational; and
WHEREAS, due to the changed circumstances, which have in turn changed the
characteristics of the channel within said Lot B, concrete lining is not necessary and the
City does not need to own the channel in fee title, but instead will require only an
easement over Lot B to accommodate draining Technology Drive as well as the 15-foot
wide drainage easement as also offered in said map, but also not yet accepted by the
City to date.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES HEREBY RESOLVE AS FOLLOWS:
I.
That the offer made in Parcel Map No. 34211-1 to the City of Palm Desert to
convey Lot B for drainage and incidental purposes in fee title is instead accepted as an
easement over Lot B for drainage purposes, and that the offer of the 15-foot wide
drainage easement is also accepted to accommodate draining Technology Drive; and
4.
Resolution 2012- 65
II.
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 the regular meeting of the Palm
Desert City Council held on this 27th day of September 2012.
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGEL, AIR
CITY OF PALM DESERT
ATTEST:
RA ELLE D. KLASSEN, TY CLERK
CITY OF PALM DESERT, CALIFORNIA
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: 0_4 (�_7
RACHELLE D. KLASSEN,City Clerk
C' • Im = ert,Calif•mia
Brw, err, c.-
RESOLUTION 2012- 65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ACCEPTING AN OFFER MADE IN PARCEL
MAP NO. 34211-1 AS AN EASEMENT FOR DRAINAGE PURPOSES,
RATHER THAN IN FEE TITLE, OVER CHANNEL LOT B, AND THE
15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL
PURPOSES
RECITALS
WHEREAS, the Mid -Valley Storm Water Project ("Project") was abandoned by
the project coordinator, Coachella Valley Water District (CVWD), by their Resolution No.
2012-9, which changed the characteristics of the channels that were previously
constructed along the proposed route of the Project from being capable of handling
erosive flows to just holding water and allowing water to percolate in retention basins;
and
WHEREAS, a portion of the proposed route is located in Lot B of Parcel Map No.
34211-1, which recorded December 31, 2009, in Book 230 of Parcel Maps at Pages
100-103, where a channel was rough graded previously by the property
owner/developer at the time; and
WHEREAS, an offer was made in said Parcel Map No. 34211-1 to convey in fee
title to the City of Palm Desert Lot B for drainage and incidental purposes, and which
said offer has not been accepted to date because the acceptance was conditioned upon
the pre -graded earthen channel to be lined in concrete by projects that adjoin the
channel to mitigate erosion from future downstream flows when the Mid -Valley Storm
Water Channel was operational; and
WHEREAS, due to the changed circumstances, which have in tum changed the
characteristics of the channel within said Lot B, concrete lining is not necessary and the
City does not need to own the channel in fee title, but instead will require only an
easement over Lot B to accommodate draining Technology Drive as well as the 15-foot
wide drainage easement as also offered in said map, but also not yet accepted by the
City to date.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES HEREBY RESOLVE AS FOLLOWS:
That the offer made in Parcel Map No. 34211-1 to the City of Palm Desert to
convey Lot B for drainage and incidental purposes in fee title is instead accepted as an
easement over Lot B for drainage purposes, and that the offer of the 15-foot wide
drainage easement is also accepted to accommodate draining Technology Drive; and
Resolution 2012- 65
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 the regular meeting of the Palm
Desert City Council held on this 27th day of September 2012.
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ZIA./V7)/ z AX-A-Q ..
ROBERT A. SPIEGEL, AYORn,
CITY OF PALM DESERT
ATTEST:
RAC 1ELLE. D. KLASSEN,C1TY CLERK
CITY OF PALM DESERT, CALIFORNIA
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