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Home My WebLink AboutRes 06-126 Abandon Public Utility EasementCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Adopt Resolution No. 06- 126 Vacating/Abandoning An Excess Public Utility Easement at 73-591 Fred Waring Drive For The Project Known As Oracle Plaza (P.P. 03-22) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Suresh C. Shah 40-530 Morningstar Road Rancho Mirage, CA 92240 DATE: September 14, 2006 CONTENTS: Resolution P.U.E. Vacation Exhibits "A" and "B" Request Letter Record Map Vicinity Map Recommendation: By minute motion, waive further reading and adopt Resolution No. 06- 126 , vacating/abandoning an excess public utility easement at 73-591 Fred Waring Drive for the project known as Oracle Plaza, Precise Plan 03-22. Discussion: Following the Planning Commission's recommendation for approval on May 18, 2004, City Council approved case No. P.P. 03-22 for Patel Architecture and Suresh C. Shah at the meeting of July 8, 2004. The project consists of the construction of an office building and parking lot on the south side of Fred Waring Drive, approximately 368 feet east of San Pablo Avenue. The project required three existing parcels to be merged to one parcel. One of the parcels (Lot 1 of Palm Village Garden Tract No. 2, M.B. 22, Pg. 50, O.R. Riv. Co.) has a five -foot -wide public utility easement along one of the parcel lines as shown on the 1947 record map. The easement falls under the subject office building, now under construction. At the City Council meeting of July 13, 2006, Council set a public hearing for the meeting of August 24, 2006 to consider the subject street vacation. At the August 24 meeting the public hearing was opened and continued to September 14, 2006 for final Council action. Vacation/Abandonment of PUE on Fred Waring Drive Page 2 of 2 September 14, 2006 Staff has determined that there is no need for the subject easement as there are no facilities within the easement area and it is in conflict with the office building now under construction. Government Code Section 65402 requires, in part, that the Planning Commission report to City Council that the subject vacation/abandonment is consistent with the adopted General Plan. At their meeting of June 20, 2006, the Planning Commission, by minute motion, determined that the subject action was consistent with the General Plan. Therefore, staff requests that City Council waive further reading and adopt Resolution No. 06- 126 , vacating/abandoning an excess public utility easement at 73-591 Fred Waring Drive. Prepared By: g R. Page Garner, L.S. Sr. Engineer/City Surveyor Approva Homer Croy ACM for De /rpg/dhl ment Services Departm Mark Gree wood, P.E. Director of Public Works Carlos Ortega City Manager +..'ITY COUNCIL �rCTION: hPPROVED ✓ DENIED EIVED OTHER 40760ed • Flo. o(.o-la 23TING DATE q. /(,l. co) A ES r , -1i 2J((// .p ef./ajrj koiaLcari f:3STAIN: A4 9 VERIFIED BY: /% Criginal on File wiihi City Clerk's Office G.1Pub Works\Staff Reports120061September 14'9 Vacation Abandonment PUE Fred Wanhg DnveAAdopt resolution abandonment PUE Fred Waring Drive.doc RESOLUTION NO. 06-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING/ABANDONING AN EXCESS PUBLIC UTILITY EASEMENT AT 73-591 FRED WARING DRIVE (ORACLE PLAZA) UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council initiated proceedings to vacate/abandon a portion of a public utility easement, more particularly described in Exhibits "A" and "B", attached hereto, and the City Council finds that said notices of such vacation/abandonment were published and posted, as required by law, and WHEREAS, the City Council on the 24`h day of August, 2006 held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacation/abandonment were heard, and said public hearing was continued to the 141h day of September 2006, at which time 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 easement 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: That the portion of public utility easement located at 73-591 Fred Waring Drive be vacated/abandoned as described and as set forth in Exhibits "A" and "B" attached hereto; and 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 14'h day of September 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 EKNIBITA PUBLIC UTILITY EASEMENT VACATION LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WESTERLY 5.00 FEET OF LOT 1 OF PALM VILLAGE GARDEN TRACT No. 2, AS PER MAP FILED IN BOOK 22, PAGE 50, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, RIVERSIDE COUNTY, STATE OF CALIFORNIA; EXCEPT THE SOUTHERLY 5.0 FEET OF LOT 1 OF PALM VILLAGE GARDEN TRACT No. 2, AS PER MAP FILED IN BOOK 22, PAGE 50, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, RIVERSIDE COUNTY, STATE OF CALIFORNIA; CONTAINING 696.75 SQ. FT, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. i{,61i .i ll,i„IiF' WI ilii�llsllu.{I.r WHlliiii11lLllllliillI:I..lullI1111ill, ill I.4bllIIIIli1.1 .1lid 1,itI "ll RONALD VELASCO LS 7424 DATE c RONACtSVELASCO EXP. 12-31-07 No, 7424 EXHIBIT "B" LOT 2 j I LOT 7 M.B.22/50 I M.B.22/50 p 5 PUE PER I M.B. 22150 I 5' PUE PER M.B. PZ50 co N 00°13'00" W 144.39 I I N 00°13'00" W 154.0V I Io I MBOT8 . 2Z50 T Iz M.B. 22150 I INSTRUMENT No. 649815 �' N 44093'00' W 154.40' REC. AUGUST 22, 2003 r� I Lj >� o A.P.N.627-101-036 1 I I w 5 LOT 9 4 g W 5' PUE PER M.B. 22150 o I 1- M.B.2W50 od e z� cR 5.00 70BEVACATED � I 4 I$ iq L____—__.>� <;( I 0' N 40°i 3'00' W 144.35' w -- - - N 00°13'00" W 154.00' r 00 ` $' INSTRUMENT No. 649559 � to ui $ $ REC. AUGUST 22, 2003 o ` o a LOT 10 I4 8 W M.B. 22/50 2 A.P.N.627-101-006 co I° $ BEING A PORTION OF LOT 2 OF Z I$ PALMA VILLAGE GROVES M.B. 20 / 51 R y N 00°13'00" W 144.39' t - - 4 -N 00-13'00=W 164.001 INSTRUMENT No. 649557 (�! I g REC. AUGUST 22, 2003 o I$ w " A.P.N.627-101-005 d` I BEING A PORTION OF LOTS 1 AND 2 $ w LOT 1 i I OF PALMA VILLAGE GROVES M.B. 20 / 51 Qi M.S. 22150 c N 00013'00" W 144.43' p o Fy N 00°13'00" W 154.00' i j,__5' PUE PER I M.B. 22150 LOT 12 M.B. 22/50 RONALD VELASCO 12-31-07 No. 7424 NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA ONLY SCALE 1" 3 50' AND DOES NOT REPRESENT A SURVEY SHOWN HEREON. 0' 50, 100, 150, 06008Q.dwg ADJUSTMENT PLAT CITY OF PALM DESERT PREPARED BY: RONALD VELASCO DATE LS 7424 EXP. 12131/07 APPLICANT: SURESH AND VISRWHA SHAH 40-530 MORNINGSTAR ROAD RANCHO MIRAGE, CALIFORNIA, 92240 PHONE 760-275.6680 AMIRENGINEERING & SURVEYING CIVIL ENGINEERS • LAND PLANNERS • SURVEYORS Ianuacy 14, 2006 Arriir Fayazrad; P.E:- >:..: ,. ;_QROFESStp cr Q .to `g13v p::?` .; =0 RECEIVE 160 LURING DRIVE, SUITE A, PALM SPRINGS, CA. 92262 • PHONE (760) 318-7424 • FAX (760) 318-7410 v J Ar, ' t I � 1 I1 �R Rol Y �w � r N C I'1 � 1 r!l.ri• n. +�' � rsl.m' z�•II'�� id�r s!S'eiC ). »I ti �L City of Palm Desert ArcIMS Map Output PRIVATE RD It SANTA.R0SA-WA Y rTT 'AS 1VE C � TIL N A�Y I I I �lUA ICI Ui IAI I-Tl PUE ABANDONMENT VICINITY MAP NC l NAME LO NAME PUE LOCAT OI- 1I 1 l m —v— I r Page l of 1 MASSON.ST l KRUG AVF lif�ll II __ m FRFD'WAR1NGun C� ► i SA. 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