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HomeMy WebLinkAboutQuitclaim Slope Easement PP 03-18 Fountainhead Indio, LP - Wendy'sREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Execute a Quitclaim Deed to Quitclaim a Portion of a Slope Easement Affecting the Wendy's Project, PP 03-18 R. Page Garner, Senior Engineer/City Surveyor June 9, 2005 Quitclaim Deed with Exhibits By minute motion, authorize the Mayor to execute a Quitclaim Deed, which will quitclaim (abandon) a westerly portion of an existing slope easement along the west side of Washington Street between Country Club Drive and the Union Pacific Railroad. Discussion: A slope easement was recorded in 1996 in favor of the County of Riverside for the side slope created for the Washington Street bridge ramp between Country Club Drive and the Union Pacific Railroad. During the course of plan review for the proposed Wendy's project, Precise Plan 03-18, it was discovered that a portion of the slope easement ran under a portion of Wendy's proposed building. It was determined by the City Engineer and Wendy's engineer that a portion of the slope easement could be quitclaimed to eliminate the encroachment and still keep the slope within the remaining slope easement. The County transferred the slope easement to the City on May 24, 2005 by quitclaim deed, for the City's control. Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to execute a Quitclaim Deed to quitclaim a portion of the existing slope easement along the west side of Washington Street between Country Club Drive and the Union Pacific Railroad. Submitted By: A. Page Garn,6r Senior Engineer/City Surveyor Approval: omer Croy ACM for Develop ZeAtServVices Department_ Head: Di Ml� I grtante, P.E. r f Public Works Carlos Ortega City Manager /dhl \\win2k\groups\PubWorks\Staff Reports\2005\June 9\Execute Quitclaim Deed Wendy's Project PP 03-18.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED TO: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt from Recording Fee Pursuant to Government Code 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ 0 Exempt from Documentary Transfer Tax Pursuant to R & T Code 11922 Riverside County Assessor's Parcel Number: Affects Portion of 748-380-012 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (we) the CITY OF PALM DESERT, a municipal corporation do(es) hereby remise, release and forever QUITCLAIM to FOUNTAINHEAD INDIO, LP, a California Limited Partnership the following described real property in the City of Palm Desert, County of Riverside, State of California: A portion of Parcel 1122-006B as described in Exhibit "A" and shown on Exhibit "B", attached hereto and by reference made a part hereof. CITY OF PALM DESERT, a municipal corporation Date: Mayor G:\PubWorks\Jodi Orton\Page's Documents\page's doc .doc EXHIBIT "A" SLOPE EASEMENT QUIT CLAIM LEGAL DESCRIPTION A PORTION OF THAT CERTAIN SLOPE EASEMENT IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA REFERENCED AS PARCEL 1122- 006B AND DESCRIBED IN THE EASEMENT DEED TO THE COUNTY OF RIVERSIDE RECORDED MARCH 21, 1996 AS INSTRUMENT NO. 100792 OFFICIAL RECORDS OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1122-0066; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1122-006B SOUTH 19053'11" WEST, A DISTANCE OF 127.38 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 11000'57" WEST, A DISTANCE OF 85.76 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 19°53'48" WEST, A DISTANCE OF 195.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 66.00 FEET; THENCE SOUTHWESTERLY 67.35 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 58027'56" TO THE INTERSECTION WITH THE NORTHERLY LINE OF PARCEL B AS DESCRIBED IN THE GRANT DEED TO THE CITY OF PALM DESERT RECORDED APRIL 4, 2005 AS INSTRUMENT NO. 05-0263668, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE AND THE WESTERLY LINE OF SAID PARCEL 1122-006B AND TO THE TERMINUS OF THE SAID DESCRIBED LINE. EXHIBIT "B" ATTACHED HERETO AS REFERENCE AND MADE A PART HEREOF. ao No.7667 �' EXP. Z EXHIBIT ..B.. '`-10' ee#9y o{ ^ ~ NEI Y LINE OF U.P.R.R. a ,Zjvi APN 748-380-014 f m (6 w{ to 1 O V 9s�89, /•��Q APN 748-380-012 PARCEL - "1122-0066 CITY OF PALM DESERT QUIT CLAIM AREA DESERT COUNTRY_.^I PARCEL B v CIRCLE INSTPUMENT NO. 05-0263666 LEGEND: 1,. 6 12 7 �i EASEMENT AREA N QUIT CLAIMED 'Ire NEW EASEMENT tl 1-7j7'AREA Amy 0114 6 \6 y, AF'Q �Z�'� P/L PROPERTY LINE 0.) Clt CENTERLINE - - - - NEW EASEMENT LINE EXISTING LOT LINE LINE TABLE LINE LENGTH BEARING L1 127.38' N79'53'11"E L2 85.76' N11'00'57"E L3 195.45' N19'53'48"E L4 210.53' S24'13'19'W L5 253.96' S18'31'39"W L6 8.41' N70'06'17"W o° 7 PIL LINE NEW SLOPE EASEMENT AREA SWL Y LINE OF U.P.R.R. T COUNTY OF RIVERSIDE S 89-23-05 W SECTION LINE GRAPHIC SCALE 75 73 tso 300 (INS') 1 inch - 160 tt CURVE TABLE CURVE ILENGTH I RADIUS ITANGENT A ANGLE Cl 67.35 1 66.00' 1 36.94' 158'27'56 2 *1449) PREPARED BY: PREPARED FOR: v k 76S"ON ENGDVMMVG SERVICES FOUWAINSEAD DAMOPWNT EV. 12/CIVILENGBVMJ NG CONMTAIM 1400 QUAIL ST.. STE 135 1030 CALLS SOMBRA, SUITE A-2 NEWPORT BEACH, CA. 92660 OFSAY CLEMENTE, CA. 92673 PH: (949) 752-2515 366-2180 FAX.- (949) 752-7442