HomeMy WebLinkAboutRes 06-127 Vacate Pedestrian WayCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Adopt Resolution No. 06-127 , Vacating a Ten -Foot -Wide Strip of
Land Shown on a 1947 Record Map as a "Pedestrian Way",
Located Between Highway 74 Frontage Road and Ocotillo Drive
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Mathew Moiseve
Voyager Construction
P.O. Box 1135
Poway, CA 92074
DATE: September 14, 2006
CONTENTS: Resolution
Street Vacation Exhibit "A"
Request Letter
Record Map, M.B. 21/81-84
Vicinity Map
Recommendation:
By minute motion, waive further reading and adopt Resolution No.
06-127 vacating a pedestrian way known as Lot "U" of Palm
Desert Unit No. 3, M.B. 21/81-84, O.R. Riv. Co.
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.
The City Attorney had 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.
Street Vacation Hwy 74 Frontage Road
Page 2 of 2
September 14, 2006
At the City Council meeting of July 13, 2006, Council authorized the Mayor to accept, on
behalf of the public, the aforementioned dedication and also waived further reading to
set a public hearing for the meeting of August 24, 2006 to consider the vacation of the
same dedicated pedestrian way. At the August 24 meeting, the public hearing was
opened and continued to September 14, 2006 for final Council action.
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.
Therefore, staff requests and recommends that Council waive further reading and adopt
Resolution No. 06-127 , vacating the subject pedestrian way shown as Lot "U" in the
1947 record map.
Prepared By:
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R. Page Garner, L.S.
Sr. Engineer/City Surveyor
Homer Croy
ACM for Deve opment Services
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Departmeyit Ha
Mark Greenwciod, P.E.
Director of Public Works
Carlos • rtega
CITY COUNCIL M CTIggeeON:
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APPROVED V DENIED
REC,ESIVED OTHER 4-1(O -
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MEETING DA E Lf• / 4--o p
AYES: j I €(kj/''pi e ,analgajtf n
NOES: AiniV
ABSENT: N(fAQ
ABSTAIN: /V
VERIFIED BY: .M /1/y1
Original on File witli City Clerk's Office
G:VPubWorks\Staff Reports\2006\September 14110 Street Vacation Hwy 74 Frontage Road and OcotilolAdopt Resolution Vacating Hwy 74 Frontage Road - Ocotil/o.doc
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, VACATING A TEN -FOOT -WIDE STRIP OF
LAND SHOWN AS A PEDESTRIAN WAY AND LOT "U" OF PALM
DESERT Unit No. 3, M.B. 21/81-84, O.R. RIV. CO., 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 Lot "U", pedestrian way,
more particularly described and shown in Exhibit "A", 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 24th 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 were heard, and said public hearing was continued to the 14th day of September
2006 at which time it 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 pedestrian way described as Lot "U" of Palm
Desert Unit No. 3, M.B. 21/81-84, O.R. Riv. Co., more particularly described and shown in
Exhibit "A", 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 pedestrian way known as Lot "U" of Palm Desert Unit No. 3, M.B. 21/81-84, O.R.
Riv. Co. be vacated as described and as set forth in Exhibit "A" 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 14th 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
5-8-06
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
RECEIVED
MAY o g 20o0
PUBLIC WORKS DEPARTMEW
CITY OF PALM DESERT
I have submitted a map for approval, Tract map 934597. 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
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