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Home My WebLink AboutVacate Public Utility Easemnt - Stone Eagle TM30438-3CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Adopt Resolution No. 08-13 Vacating Excess Public Utility Easement Adjoining Southridge Trail in the Stone Eagle Project Tract No. 30438-3 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Stone Eagle 74-001 Reserve Drive Indian Wells, CA 92210 Attn: Kris Schulze DATE: February 28, 2008 CONTENTS: Resolution P.U.E. Vacation Exhibits "A" and "B" Request Letter Record (Final) Map Vicinity Map Recommendation: By minute motion, waive further reading and adopt Resolution No. 08- 13 , vacating excess public utility easement adjoining Southridge Trail in the Stone Eagle project, Tract No. 30438-3. Discussion: The subject public utility easement (PUE) is located along and adjoins the northeasterly side of Southridge Trail, an interior private street of the Stone Eagle project which is located west of Highway 74 and west of the Palm Valley Storm Channel in the south end of the City. The proposed vacation is of a portion of a ten -foot -wide PUE which was dedicated to the City of Palm Desert and accepted on the map of Tract No. 30438-3 by City Council on November 10, 2005, and which said map recorded with the County of Riverside on January 5, 2006. The portion of the PUE to be vacated is considered excess by staff because there are no in -place public utility facilities within said portion, nor is there a future need for them. PUE Vacation Southridge Trail Page 2 of 2 February 28, 2008 This particular case meets all of the requirements of a "summary vacation" pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, whereby the vacation procedure does not involve an evaluation from the Planning Commission nor the scheduling of a public hearing. Therefore, staff requests that City Council waive further reading and adopt Resolution No. 08-13 , vacating excess public utility easement adjoining Southridge Trail in the Stone Eagle project, Tract No. 30438-3. Prepared By: G!'c3 442-vs, It Page Garn r, L.S. Sr. Engineer/City Surveyor Approval: Homer Croy ACM for De /rpg/dhl pment Services Department He Mark Green&ood, P.E. Director of Public Works Carlos L. Ort City Manage CITY COUNCIL CTION: APPROVED / DENIED RECEIVED OTHER not (Ni leo( tilc.OE- 3 MEETING DATE •ax'-GX' AYES: t f&(1L1. Ke.l lu . ,S p1e °1 arc E er ?JY) NOES: Nt" ie ' ABSENT: t'J 5 - ABSTAIN: Fei-6trt.i VERIFIED BY:-J )rnoyy Original on File with City Clerk's Office G:IPub Works\Staff Reports120081February 28102 Vacate PUE Stone Eagle 30438-31Adopt resolution vacation PUE 30438-3.doc RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING SOUTHRIDGE TRAIL IN THE STONE EAGLE PROJECT, TRACT NO. 30438-3 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, the subject vacation is made pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4; 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 in excess and is unnecessary for present or prospective public purposes and that there are no in -place public utility facilities within the described area; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: I. That the portion of public utility easement located along Southridge Trail in the Stone Eagle project, Tract No. 30438-3, be vacated 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; and That from and after the date this resolution is recorded, the subject portion of public utility easement will no longer constitute a public service easement. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 28th day of February 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" A PORTION OF THE PUBLIC UTILITY EASEMENT OVER AND ACROSS LOTS 5 AND 6 AS SHOWN ON TRACT MAP NO. 30438-3 IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, ON FILE IN MAP BOOK 396 OF MAPS, PAGES 90 THROUGH 92, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY COMMON CORNER OF SAID LOTS 5 AND 6; THENCE SOUTH 31°33'19" WEST 9.58 FEET ALONG THE COMMON LINE OF SAID LOTS 5 AND 6 TO THE POINT' OF BEGINNING; THENCE SOUTH 58°26'41" EAST 34.00 FEET; THENCE SOUTH 31°33'19" WEST 60.42 FEET; THENCE NORTH 58°26'41" WEST 10.00 FEET TO A POINT ON THE RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL, AS SHOWN ON SAID MAP; THE FOLLOWING THREE (3) COURSES ARE ALONG SAID RIGHT OF WAY LINE OF SOUTHRIDGE TRAIL: THENCE NORTH 31°33'19" EAST 50.42 FEET; THENCE NORTH 58°26'41" WEST 24.00 FEET; THENCE SOUTH 31°33'19" WEST 47.58 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 58°26'41" WEST 10.00 FEET; THENCE NORTH 31°33'19" EAST 57.58 FEET; THENCE SOUTH 58°26'41" EAST 10.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL "A" CONTAINS 1420 FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ed under the supervision of: Date: ?hi )o Angela ElDorf, P.L.S. #801 Expires 12/31/08 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 Palm Desert, CA 92260 (760)346-9844 0:14078614078600\survey\ESMT1VACATION PUE LEGAL.doc Page 1 of 1 DAD / E O `�, No. 80i0 Exp 12/31/08 ", ,; „Sr C P- r / / / / / 6 PARCEL A" 1420 SF ,Ss‘.*. _r. , vOa, Sk / '. • / PREPARED UNDER THE SUQERVIS/ON OF: EXHIBIT "B" SHEET 1 OF 1 TRACT MAP NO. 30438-3 MB 396/90-92 A 'o 21Jt /Ca ANGELA F DORF, P. 8010 DATE V Stantec 15' 5 SCALE: lb = 20' JN. 40786.00 STANTEC CONSULTING INC. 73-733 FRED WARING DRIVE SUITE 100 PALM DESERT, CA 92260 760.346.9844 sturec.can J STONE. jEAGLf February 7, 2008 Page Garner Public Works/City Engineering Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Vacation of the PUE between Lots 5 and 6, Tract 30438-3 Dear Page: Stone Eagle, LLC respectfully requests that the existing 10' wide Public Utility Easement (PUE) along the mapped fire department turn a round access (located between Lots 5 and 6 of Tract 30438-3) be vacated. The fire department turn a round was required at the terminus of Southridge Trail. This 24' wide turn a round was included in the private street right of way and will be maintained by the Stone Eagle Homeowners Association. The 10' PUE was mapped to parallel the street right of way and subsequently followed the fire department turn around. The dry utilities have been installed and extend across (not around) the fire access. Since the PUE around the fire access is not required, we would like to vacate the easement and un-encumber Lots 5 and 6. We have submitted the necessary exhibits (Legal Description Exhibit A, and Plat Exhibit B) and application fee for this vacation. Please process this application for the earliest available City Council meeting. Please call me at 760-404-9971 should you have any questions regarding this request. Your assistance is greatly appreciated. Sincerely, Kris Schulze, Vice President 72-500 Stone tagg.Ic Dnve, Palm Desert, CA 92260 760.775.6225 fax 760.775.6224 t\. • — I WI _if_ it'114;gt, e, I P prs\- • are nay sec er'regosts mots.", •• 4."0. 0"0", Ppe be 211,0-II _ PALM VALLEY ozos,04,6_,,z4/, Td 4 City of Palm Desert ArcIMS Map Output Page 1 of 1 EASEMENT VACATION VICINITY MAP MIRADERO CT SITE METATE=PL kirtaye 1f. DESERTFERN LN :Q Cyoz� �Mr CAHUILLA WAY ■ +or'r ►too Poroirellao- 1111 0 .SEL--AIR-R • ��■■ � ■ �� L0144 STAI LNG 44, FD E-GR"ASS9?R »■■i■■1� !1il �r 1.1 ?rl wKYW.4Rri)i'D) '�AYm� ■■■■■!■■■f■■■■ -------- A S R S �C� -RD OMESTEAD�R PAWRIN IM■■■ AIMEE a■. N■ �_._ __• z mum it :. n� EWD rerrVIIs _ i Ira■i■■ %�o��‘ 111 o7tiJr V �♦ ♦r �� v1�1 = milrrrr uq`'o �7rCC w tic►/ •�� .�i ill 441�r"• RRL4GE=TRL +o• ♦ ^ � a 1,l^`.ii11 Minna. rfit• fi 11�� N 11 JHEA.THER' C_T c� ` 444 i� Jrr w� ik—At4i� y tS http:// 10.20.2.35/servlet/com.esri.esrimap.Esriinap?ServiceName=CityOverview&ClientV e... 2/7/2008