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Home My WebLink AboutRes 06-109 Dedication to Vacate Pedestrian WayCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Accept an Offer of Dedication Made for a Ten -Foot -Wide Strip of Land Shown on a 1947 Record Map as a "Pedestrian Way" and Adopt Resolution No. 06-109 Setting a Public Hearing to Consider the Vacation of the Same Strip of Land Which is Located Between Highway 74 Frontage Road and Ocotillo Drive SUBMITTED BY: R. Page Garner, Senior Engineer/City Surveyor APPLICANT: Mathew Moiseve Voyager Construction P.O. Box 1135 Poway, CA 92074 DATE: July 13, 2006 CONTENTS: Resolution Street Vacation Exhibit "A" Request Letter Record Map, M.B. 21/81-84 Vicinity Map Recommendation: By minute motion, authorize the Mayor to accept, on behalf of the public, the offer of dedication for street purposes a pedestrian way known as Lot "U" of Palm Desert Unit No. 3, M.B. 21/81-84, O.R. Riv. Co. and waive further reading and adopt Resolution No. 06- .109 setting a public hearing to consider the vacation of the same pedestrian way. Discussion: The Public Works Department was approached by the developer, Mathew Moiseve, in December 2005 about the disposition of a strip of land adjoining the southerly boundary of a lot to which he acquired title in May 2006 and for which property he has received Planning Commission approval for a six -unit single family development. The strip of land in question, shown as Lot "U" on map of Palm Desert Unit No. 3, was offered for dedication to public use for street purposes by the owners that signed the map in 1947, but was not accepted by the County Supervisors. Lot "U" is shown as a ten -foot -wide pedestrian way on the aforementioned record map. Street Vacation Hwy 74 Frontage Road Page 2 of 2 July 13, 2006 The City Attorney has advised staff that Council would need to accept the offer of dedication and then vacate it, in order for the strip to be disposed of to eliminate the "no man's land" property void. The strip can be useful to the adjoining property owners. 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 June 20, 2006, the Planning Commission, by minute motion, determined that the subject action is in conformance and consistent with the General Plan. Staff has reviewed the request and finds that Lot "U", pedestrian way, is not needed. Staff requests and recommends that Council accept the offer of dedication for street purposes the pedestrian way shown as Lot "U" in the 1947 record map, and adopt the attached resolution setting a public hearing for August 24, 2006 to vacate the same. Submitted By: R. Page Garner, L.S. Sr. Engineer/City Surveyor Approv Homer Cro ACM for elo men p t Services /rpg/dhl Departrrent4Hee Mark Greenwood, P.E. Director of Public Works Carlos Orte City Manager LTY COUNCIL TION: APPROVED DENIED RECEIVED OTHER/4, "ed PAC.. Alo • OCo - /n9 MEETING DATE /j. / 3.0C/ .YES:tge/Se /lff• p lam1 1. n NOES: yBSENT: ABSTAIN: Cyt VERIFIED BY: t L < /1 Friginal on File w4 City Clerk's Office G:1PubWorks\Staff Reportsl2006lJuly 1311 Consider Street Vacation Hwy 74 Frontage Road\Set public hearing to consider street vacation Hwy 74 frontage road.doc it T ` t i _i2 ^ n. • lip- K _ 0 200 NaSt� - _.. x � � ��[ .� .+.E',,,.� , ®. O6 Europa_ yeotifiol'0� ... �'��►�'ittt. � _ F.''- t �,� RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PEDESTRIAN WAY KNOWN AS LOT "U" UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT. The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER and RESOLVE as follows: That it intends to, and by this resolution does, initiate proceedings under the provisions of Part 3, Division 9, of the Streets and Highways Code, to abandon a pedestrian way described as Lot "U" as shown in Palm Desert Unit No. 3 as shown by map on file in Book 21, Pages 81- 84, Official Records of Riverside County, California and as shown on Exhibit A. II. That the hour of 4:00 p.m. on the 241h day of August 2006 in the Council Chambers, 73- 510 Fred Waring Drive, Palm Desert, California, is hereby fixed as the time and place of hearing all persons interested in or objecting to the proposed vacation/abandonment of said pedestrian way. III. That the City Clerk is hereby directed to publish a notice of said hearing in the Desert Sun, a newspaper of general circulation, circulated in the City of Palm Desert, California, twice, the first date of publication being two (2) weeks before the date of the hearing, and the City officials of the City of Palm Desert are hereby instructed to post notice of such vacation, as required by law, at least two (2) weeks before the day set for hearing. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 131h day of July 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JIM FERGUSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA � \�\ — , @ ipw7 0 a«re�r \� \� , f�\ PEG is, o LYD/ ,f A § 4. � O � � � 2 jWllffi «<: � City of Palm Desert ArcIMS Map Output Page I of 1 PEDESTRIAN WAY VACATION VICINITY MAP SqG� YUCCA CACTUS CITR US •i�! nn i � Some I1RORJW0D -,r 1 1 —o— � �m — 'C O 0 FSF�Tt, 01? , t GRAPEV/1VE--ST I �lfll�l_I ++ I IT 9LL0 ST http:// 10.20.2.35/servlet/com. esri.esrimao.Esrimap?ServiceName=CitvOverview&ClientV... 6/13/2006 I 7za.o�' �'r-7'%2 fc Lam?,. �..Q.r .� ,, ,ice%/. P• /TO, S�R51/CE ROAR - LOy q /co' 3 4 `------- --- - _ l MU 7 8 y +� _-- -------------1- + 2T h v° 26 Y 25 L y ty tV�, _ LOT 5 _ __ ___ro2B3`-_'- _ra2,63`-.�,-lS�i ,.y "�-.------�rD_.,E• ,� GO _ • �� 27 n -`i'� ras LOT r rso` t --- 'n � 3 O S��c `�tp:30Ci1� tz o Z4 t Q C 0 � --Zt u to t c �a yam. M CV Ct. Oo p tp i < it Ll•��n„J��e, tth Q iD gp�bt�".q'S�v qoa uryf?tnc�n� Zz ° I'; 01 ro 314,a i � J' Q to ti ��a�0�`asN113 C Q G° ti Q q o 0 ,a - } rw• ,sr. rord. .n vri> <° . •d "I ' 3NIT3dti8z3 k � 6 Q� 0/ // � Z/ y3 E/�f ri: y/a @Y�r n 3�.8y a E d�'C `py •�`�.:,E �6;ie' 1'a41�i .cs � s's;a - __ .v.#.w.a+'N :C2Y6,- Y A-:J£!)•i 3.R.-.sdF'.Jd'iN _4�� __o::sr- C ° > v]�+ �,(/ � n+' /axv-a:.,. _ � •fin,-cer—zrsr^�a-ss.-.tea' 4 d , -tea oz 84 ,� $ Y Gq• q�q 'f � 5�' �p 4, ; �,N •z2 -+. JYO ra"tlk t°+ q%i' 1 e�t i • P - syro - '�iima...: .-n;� -aw-' , .>:. .8` CI PO dD co ku 1, d"%• 0+\ :14 f '�t .+r'+LU.4 WO4 ,ei e „ is i. .. ffy�y .49 c' j4pn� v�.f l"'. nn �•moo, + y,�//� !4f gyc ,Y A y\ $i%Ada�d N' .e, ✓.sx •s p�r'a'* sti a Yi�t'.x g/ din `� ,;q ?'�';'o J i -• � b ;.h n____x .� � �!S• — _ ',1, OCR J+q� ' i / � � a / i 'll� twos � III or44 / , • � / 3 jff.'\�.. _m o9'I l /mom C 6 = (IUU m + 4 � N 2-28-06 City of Palm Desert Director of Public Works Mark Greenwood 73-510 Fred Waring Dr. Palm Desert, Ca., 92260-2578 Re: 10' of property South of APN#628-081-007 Dear; Mark Greenwood I am in the process of developing parcel number 628-081-007. Between this property and the condominiums to the south there is a 10' strip of land. This 10' strip of land runs between the frontage road of highway 74 and ocotillo. I would like to legally acquire this 10', or at least 5' of the 10', and improve it along with my development. If this is not accomplished there will be a strip of land between the two developments for which there is no maintenance. Please inform me as to the process of acquiring this property. Thank you for your assistance. Sincerely, Mathew Moiseve P.O. Box 1135 Poway, Ca., 92074 Cell 858-705-1226 cc City Attorney David Erwin C 5-8-06 �Y P i`u�'Li tVt315ia�a >d'"v3A'r{'1'i1��f e City of Palm Desert Director of Public Works Mark Greenwood 73-510 Fred Waring Dr. Palm Desert, Ca. 92260-2578 Re: Lot U, 10' of property South of APN#628-081-007 Dear; Mark Greenwood I have submitted a map for approval, Tract map #34597. Adjacent to this property is a 10' strip of land, lot U. I have been told this 10' will be split between my lot and the Sun and Stars West Condominium complex. This property also runs East of my property between two other property owners. Between these two property owners the entire 10' should go to the Terrace apartments. At the request of Page Garner I have made contact with all the property owners that are adjacent to lot U. I have spoken to many of them personally and have sent the enclosed letter to all of them. I have incorporated the 5' strip of land that I have been told will be distributed to me in my map. I am asking you to begin the process of the distribution of lot U. This is very important to my processing. Please inform me if there is anything I can do to assist. Sincerely, Mathew Moiseve P.O. Box 1135 Poway, Ca. 92074 Cell 858-705-1226 Cc City Attorney David Erwin 2-28-06 City of Palm Desert Director of Public Works Mark Greenwood 73-510 Fred Waring Dr. Palm Desert, Ca., 92260-2578 Re: 10' of property South of APN#628-081-007 Dear; Mark Greenwood I am in the process of developing parcel number 628-081-007. Between this property and the condominiums to the south there is a 10' strip of land. This 10' strip of land runs between the frontage road of highway 74 and ocotillo. I would like to legally acquire this 10', or at least 5' of the 10', and improve it along with my development. If this is not accomplished there will be a strip of land between the two developments for which there is no maintenance. Please inform me as to the process of acquiring this property. Thank you for your assistance. Sincerely, Mathew Moiseve P.O. Box 1135 Poway, Ca., 92074 Cell 858-705-1226 cc City Attorney David Erwin C 5-8-06 �Y P i`u�'Li tVt315ia�a >d'"v3A'r{'1'i1��f e City of Palm Desert Director of Public Works Mark Greenwood 73-510 Fred Waring Dr. Palm Desert, Ca. 92260-2578 Re: Lot U, 10' of property South of APN#628-081-007 Dear; Mark Greenwood I have submitted a map for approval, Tract map #34597. Adjacent to this property is a 10' strip of land, lot U. I have been told this 10' will be split between my lot and the Sun and Stars West Condominium complex. This property also runs East of my property between two other property owners. Between these two property owners the entire 10' should go to the Terrace apartments. At the request of Page Garner I have made contact with all the property owners that are adjacent to lot U. I have spoken to many of them personally and have sent the enclosed letter to all of them. I have incorporated the 5' strip of land that I have been told will be distributed to me in my map. I am asking you to begin the process of the distribution of lot U. This is very important to my processing. Please inform me if there is anything I can do to assist. Sincerely, Mathew Moiseve P.O. Box 1135 Poway, Ca. 92074 Cell 858-705-1226 Cc City Attorney David Erwin I 7za.o�' �'r-7'%2 fc Lam?,. �..Q.r .� ,, ,ice%/. P• /TO, S�R51/CE ROAR - LOy q /co' 3 4 `------- --- - _ l MU 7 8 y +� _-- -------------1- + 2T h v° 26 Y 25 L y ty tV�, _ LOT 5 _ __ ___ro2B3`-_'- _ra2,63`-.�,-lS�i ,.y "�-.------�rD_.,E• ,� GO _ • �� 27 n -`i'� ras LOT r rso` t --- 'n � 3 O S��c `�tp:30Ci1� tz o Z4 t Q C 0 � --Zt u to t c �a yam. M CV Ct. Oo p tp i < it Ll•��n„J��e, tth Q iD gp�bt�".q'S�v qoa uryf?tnc�n� Zz ° I'; 01 ro 314,a i � J' Q to ti ��a�0�`asN113 C Q G° ti Q q o 0 ,a - } rw• ,sr. rord. .n vri> <° . •d "I ' 3NIT3dti8z3 k � 6 Q� 0/ // � Z/ y3 E/�f ri: y/a @Y�r n 3�.8y a E d�'C `py •�`�.:,E �6;ie' 1'a41�i .cs � s's;a - __ .v.#.w.a+'N :C2Y6,- Y A-:J£!)•i 3.R.-.sdF'.Jd'iN _4�� __o::sr- C ° > v]�+ �,(/ � n+' /axv-a:.,. _ � •fin,-cer—zrsr^�a-ss.-.tea' 4 d , -tea oz 84 ,� $ Y Gq• q�q 'f � 5�' �p 4, ; �,N •z2 -+. JYO ra"tlk t°+ q%i' 1 e�t i • P - syro - '�iima...: .-n;� -aw-' , .>:. .8` CI PO dD co ku 1, d"%• 0+\ :14 f '�t .+r'+LU.4 WO4 ,ei e „ is i. .. ffy�y .49 c' j4pn� v�.f l"'. nn �•moo, + y,�//� !4f gyc ,Y A y\ $i%Ada�d N' .e, ✓.sx •s p�r'a'* sti a Yi�t'.x g/ din `� ,;q ?'�';'o J i -• � b ;.h n____x .� � �!S• — _ ',1, OCR J+q� ' i / � � a / i 'll� twos � III or44 / , • � / 3 jff.'\�.. _m o9'I l /mom C 6 = (IUU m + 4 � N City of Palm Desert ArcIMS Map Output Page I of 1 PEDESTRIAN WAY VACATION VICINITY MAP SqG� YUCCA CACTUS CITR US •i�! nn i � Some I1RORJW0D -,r 1 1 —o— � �m — 'C O 0 FSF�Tt, 01? , t GRAPEV/1VE--ST I �lfll�l_I ++ I IT 9LL0 ST http:// 10.20.2.35/servlet/com. esri.esrimao.Esrimap?ServiceName=CitvOverview&ClientV... 6/13/2006