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Home My WebLink AboutVacation of Public ROW - Frankonia Court�.w CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM To: Honorable Mayor and Members of the City Council Carlos L. Ortega, City Manager From: City Clerk Date: August 26, 2004 Subject: Continuation of Public Hearing for the Vacation of Public Right-of-way Known as Frankonia Court At its June 24, 2004, meeting, City Council adopted Resolution No. 04-60, initiating proceedings to vacate a portion of public right-of-way known as Frankonia Court. Public Works staff posted the appropriate notices in the vicinity of the area to be vacated. However, my office did not get the resolution published in The Desert Sun as required. Therefore, your continuance of the matter in order to provide adequate public notification is hereby requested. Please accept my apologies for this delay. Be assured that appropriate steps are being taken by the City Clerk's Office to ensure that a delay of this nature is not necessary in the future. RA HELLE D. CITY CLERK LASSE ,CMC H:IWPdata\WPDOCSWtemosVrankonia court.wpd MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004 Upon motion by Ferguson, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 04-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE DATE OF ITS CABLE TELEVISION FRANCHISE AGREEMENT WITH TIME WARNER CABLE FROM JUNE 30, 2004, THROUGH JUNE 30, 2005. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-59. Motion was seconded by Benson and carried by a 5-0 vote. B. RESOLUTION NO. 04-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PUBLIC STREET KNOWN AS LOT A (FRANKONIA COURT) OF PARCEL MAP NO. 28448-1 UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR THE HEARING OF ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (J. W. Design & Construction, Inc., Applicant). Mr. Ortega clarified that this action by itself did not vacate the street. Instead, it would set a public hearing to consider said vacation. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-60. Motion was seconded by Crites and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 7 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Adopt Resolution No. Vacating a Portion of Public Right of Way known as Frankonia Court. APPLICANT: J. W. Design & Construction, Inc. P. O. Box 1154 San Luis Obispo, CA 92306 DATE: August 26, 2004 CONTENTS: Resolution Right of Way Vacation Exhibit Vicinity Map RECOMMENDATION: Waive further reading and adopt Resolution No. vacating the subject right of way known as Frankonia Court. DISCUSSION: The Public Works Department received a request for the vacation of a street known as Frankonia Court as shown on Parcel Map 28448-1. The project proposed under this parcel map was never developed and Frankonia Court was never constructed. A new development is being proposed for this area and Frankonia Court is no longer necessary for the purpose for which it was dedicated. Government Code Section 65402 requires, in part, that the Planning Commission report to the City Council that the subject vacation is in conformity with the adopted General Plan. At their meeting of April 24, 2004, the Planning Commission, by minute motion, determined that the subject action was in conformance with the General Plan. Therefore, staff requests and recommends that the attached resolution vacating the subject right of way be adopted. Sub to Mark Gree ood, P.E. City Engineer Approval AC ent Services Michael Errante, P.E. Director of Public Works City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PORTION OF PUBLIC RIGHT OF WAY KNOWN AS FRANKONIA COURT, UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAY CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council initiated proceedings to vacate a portion of the public right of way, more particularly described in Exhibits "A" and "B", attached hereto, and the City Council finds that said notices of such vacation were published and posted, as required by law; and WHEREAS, the City Council on the 26th day of August, 2004, held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacation were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that the right of way described as Frankonia Court, more particularly described in Exhibits "A" and "B", attached hereto and made a part of, is unnecessary for present or prospective public purposes. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: I That the portion of right of way, known as Frankonia Court, be vacated including all public utility easements and other easements of record existing within said public right of way. Said portion of street and public utility easements to be vacated as described and as set forth in Exhibits "A" and "B" attached hereto. 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 by the City Council of the City of Palm Desert, California, on this 26th day of August, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT, CALIFORNIA PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY VACATION (FRANKONIA COURT) A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33 AND WITHIN THE. WEST HALF (W1/2) OF SECTION 34, ALL IN TOWNSHIP 4 SOUTH, RANGE 6 EAST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND BEING A PART OF PARCEL MAP (P.M.) NO. 28448-1, FILED FEBRUARY 5, 1998, IN PARCEL MAP BOOK (P.M.B.) 191, PAGES 18 THROUGH 21, INCLUSIVE, OF OFFICIAL RECORDS (O.R.) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS ADJUSTED PER PARCEL MAP WAIVER (P.M.W.) NO. 00-15, RECORDED NOVEMBER 30, 2000, AS INSTRUMENT NO. 2000-475387, OF O.R. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT "A" (FRANKONIA COURT) OF PARCEL MAP (P.M.) NO. 28448-1, FILED FEBRUARY 5, 1998, IN PARCEL MAP BOOK (P.M.B.) 191, PAGES 18 THROUGH 21, INCLUSIVE, OF OFFICIAL RECORDS (O.R.) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS ADJUSTED PER PARCEL MAP WAIVER (P.M.W.) NO. 00-15, RECORDED NOVEMBER 30, 2000, AS INSTRUMENT NO. 2000-475387, OF O.R. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SAID PARCEL CONTAINS 1.58 ACRES (68,953 SQUARE FEET), MORE OR LESS, AS SHOWN ON SAID PARCEL MAP NO. 28448-1, SAID PARCEL MAP WAIVER NO. 00-15 AND THE ATTACHED EXHIBIT "B" WHICH ARE MADE A PART HEREOF BY THIS REFERENCE HEREON. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. ).4.4 5/17/2004 03168_600_RW VAC X VICINITY MAP FRANKONIA COURT STREET VACATION Location Map 03168 05,17.04 CC SCALE. 1' = 200' w VARIES N R/W O O U 67' R/W EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FRANKON/A COURT STREET VACATION GRAPHIC SCALE PARCEL 1 PARCEL 3 0,0 S88'47'31 EE 735.00' GERALD FORD DRIVE 200 0 100 PAGE 1 OF 1 200 400 600 UNE TABLE LIME BEARING LENGTH L 1 N88'4731 'W 71.00' L2 N46' 12 29 "E 49.49' L3 N01'1229 E 5.12' L4 N35'27 33 E 53.25' L5 N09'32'27"W 35.36' L6 S6436 22E 41.19' L7 S45'31 '28' W 41.19' L8 S3527'33"W 5.88' L9 S01'12'29"W 5.11' L 10 S43'47'31 E 49.50' L 11 N88'47'31 `W 71.00' L12 N88"47 31 'W 142.00' L13 N01'1229E 55.00' ( IN FEET ) 1 inch = 200 ft. LEGEND EASEMENT VACATION B.O.B. BASIS OF BEARINGS P.M. PARCEL MAP P.M.B. PARCEL MAP BOOK AREA = 1.58 AC., ± (68, 953 S.F., f) PARCEL5 PARCEL 6 PARCEL 8 L13 CURVE TABLE CURVE RADIUS DELTA LENGTH C 1 386.00' 34' 15 04 " 230.75' C2 25.00' 40' 18'54" 17.59' C3 55.00' 260'37'47" 250.19' C4 25.00' 40' 18'54" 17.59' C5 100.00' 10'03 55" 17.57' C6 82.00' 110'07'51 " 15Z62' C7 100.00 ' 10'03'55 " 17.57' C8 314.00' 34' 15 04 " 187.71 ' PARCEL 7 PARCEL 9 Ii1I?c1 A N p J'' — s \c1 THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. MARK A. TURNER L.S. 6532 EXP. DATE: 6/30/07 FRANKONIA COURT STREET VACATION - CITY OF PALM DESERT, CA Prepared by. TEL(760)360-4200 FAX(760)360-4204 Coachella Valley Engineers 77-899 Wolf Road, Suite 102, PALM DESERT, CA 92211 Applicant: J. W. DESIGN & CONSTRUCTION, INC. ATTN: MR. JERRY WILLIAMS P.O. BOX 1154 SAN LUIS OBISPO, CA 93406 PHONE: (805) 544-3130 03168 NO. MAY, 2004 DATE 03168_600_VAC _X