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Home My WebLink AboutRes 2010-81 - Vacate Portions of Fred Waring & Alaska Ave ROW CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2010-81 VACATING PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS-OF- WAY SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: City of Palm Desert Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 92260 DATE: October 28, 2010 CONTENTS: Resolution Exhibits "A" — Legal Descriptions Exhibit "B-1" — Fred Waring Drive Exhibit "B-2" — Alaska Avenue at Fred Waring Drive Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2010-si vacating portions of Fred Waring Drive and Alaska Avenue rights-of-way. Commission Recommendation Government Code Section 65402 requires, in part, that the Planning Commission report to City Council that the subject vacation is consistent with the adopted General Plan. At their meeting of August 3, 2010, the Planning Commission, by a 5-0 vote, determined that the subject vacation is consistent with the General Plan. Backqround In keeping with the General Plan for the City of Palm Desert, Fred Waring Drive was widened to three travel lanes in each direction. In conjunction with the widening a soundwall was required to mitigate noise levels. During the design phase of the sound wall along the north side of Fred V1/aring Drive between Tennessee Avenue and Elkhorn Trail, it was discovered that over the course of many years, while still an unincorporated area of Riverside County, various private resident improvements, including swimming Staff Report Adopt Reso�ution No. 2010-81 Vacating Portions of Fred Waring Drive and Alaska Avenue Rights-of-Way October 28, 2010 Page2of2 pools, had been constructed within the public right of way. The location of the wall was placed so that the impact to the residents within the project limits was minimized. Therefore, although much of the wall was designed and constructed at the northerly right of way line (49 feet north of Fred Waring Drive centerline), the wall fronting twenty- four lots was designed and constructed within the existing right of way avoiding the aforementioned residential improvements. In addition, on November 10, 2005, the City Council adopted Resolution 05-100 closing Alaska Avenue at Fred Waring Drive. A line of sight issue created an unsafe condition and the soundwall was constructed across Alaska Avenue creating a permanent closure. The barrier created two small excess portions of right-of-way on the north side of the wall. Staff has determined that since the wall, as completed in 2008, is a physical barrier that now separates the private residential area from the public right of way, the portion of the right of the way north of the wall, on the residential side, as described herein is unnecessary for present or prospective public purposes, except for any public utility right that may exist. At the Council meeting of September 23, 2010, Council set a public hearing for the meeting of October 28, 2010 (present meeting), to consider the subject street vacations. Therefore, staff requests that the attached Resolution be adopted for the subject vacation. Fiscal Analvsis No fiscal impact associated with this action. Prepared By: Departm n H d: ,/� � �'�� / � .� ` � �C2-c.�-�—� R. Page Gar er, L.S., Senior Engineer Mark Greenwood, P.E. Director of Public Works CiTY COUNCiL A�i`ION Approval: APPROVED DENiFp RECEIVED OTHER MEET G A � AVEs.� ��G�j %y� � , , �" ��Z John M. Wohlmuth, City Manager NOES. �' � � ABSENT: ' ABSTAIN: � � � VERIFIED BY: Original on File with City erk's Office RESOLUTION NO. 2010 -sl A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council initiated proceedings to vacate the public rights-of- way, more particularly described in Exhibit "A" and depicted in Exhibits "B-1" and "B-2," attached hereto, and the City Council finds that said notices of such vacations were published and posted, as required by law; and WHEREAS, the City Council on the 28th day of October 2010 held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed vacations were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Paul Desert considered such matter and finds from the evidence submitted that the rights-of-way described as portions of Fred Waring Drive and Alaska Avenue, more particularly described in Exhibit "A" and depicted in Exhibits "B-1" and "B-2," attached hereto and made a part of, are unnecessary for present or prospective public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the rights-of-way known as portions of Fred Waring Drive and Alaska Avenue be vacated as described and as set forth in Exhibits "A", "B-1" and "B-2" attached hereto subject to and retaining all public utility easements and other easements of record existing within said public rights-of-way. RESOLUTION NO. 2010-81 2. 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 this 28t" day of October 2010. AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA EXHIBIT "A" LEGAL DESCRIPTIONS FRED WARING DRIVE RIGH7 OF WAY VACATION IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED UNDER ITEM NO. 2 IN THAT CERTAIN DEDICATION AND EASEMENT DEED TO THE COUNTY OF RIVERSIDE, RECORDED APRIL 19, 1965 AS INSTRUMENT NO.45347, OFFICIAI. RECORDS OF SAID COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: THE NORTHERLY 3.50 FEET OF THE SOUTHERLY 9.00 FEET OF LOTS 222 AND 223, AND THE NORTHERLY 8.50 FEET OF THE SOUTHERLY 9.00 FEET OF LOTS 200 THROUGH 221 INCLUSIVE, ALL OF TRACT NO. 2283 AS PER MAP FILED IN BOOK 42, PAGES 82 THROUGH 89 INCLUSIVE OF MAPS IN THE OF�ICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE. ALASKA AVENUE RIGHT OF WAY VACATION THOSE PORTIONS OF ALASKA AVENUE, LOT B, OF TRACT NO. 3860 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP FII.ED IN BOOK 60, PAGES 55 THROUGH 57 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 143 OF SAID MAP OF TRACT NO. 3860; THENCE N89°53'09"E 47.83 FEET ALONG THE SOUTH LINE OF SAID LOT 143 TO THE BEGINNING OF CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET, SAID BEGINNING ALSO BEING THE SOUTHWEST CORNER OF SAID ALASKA AVENUE, LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY 31.38 FEET ALONG THE WESTERLY LINE OF ALASKA AVENUE, LOT B, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°53'19" TO A POINT OF CUSP WITH THE SOUTHERLY PROLONGATION OF THAT PORTION OF THE WESTERLY LINE OF ALASKA AVENUE, LOT B, SHOWN AS HAVING A BEARING OF"NO°00'10"W"ON SAID MAP; THENCE ALONG SAID PROLONGATION SO'00'10"E 19.96 FEET TO THE NORTH LINE OF FRED WARING DRIVE (49 FEET HALF RIGHT OF WAY PER SAID MAP); THENCE ALONG SAID NORTH LINE S89°53'09"W 19.96 FEE7 TO THE TRUE POINT OF BEGINNING. CONTAINING 85.45 S.F., MORE OR LESS. AND COMMENCING AT 7HE SOUTHEAST CORNER OF LOT 142 OF SAID MAP OF TRACT NO. 3860; THENCE S89°53'09"W 42.96 FEET ALONG THE SOUTH LINE OF SAID LOT 142 TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET, Page 1 of 2 SAID BEGINNING ALSO BEING THE SOUTHEAST CORNER OF SAID ALASKA AVENUE, LOT B, AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY 31.45 FEET ALONG THE EASTERLY LINE OF ALASKA AVENUE, LOT B, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°06'41" TO A POINT OF CUSP WITH THE SOUTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF ALASKA AVENUE, LOT B, SHOWN AS NAVING A BEARING OF"NO°00'10"W"ON SAID MAP; THENCE ALONG SAID PROLONGATION SO°00'10"E 20.04 FEET TO THE NORTH LINE OF FRED WARING DRIVE(49 FEET HALF RIGHT OF WAY PER SAID MAP); THENCE ALONG SAID NORTH LINE N89°53'09"E 20.04 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 8623 S.F., MORE OR LESS. 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RESOLUTION NO. 2010-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS T4 VACATE PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY UNDER PROVISIONS 4F DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION. The City Council of� the City of Palm Desert, California, does hereby DETERMINE, ORDER and RESOLVE as follows: I. That it intends to, and by this resolution does, initiate proceedings under the provisions of Division 9, Part 3, Chapter 4 of the Streets and Highways Code, to vacate portions of Fred Waring Drive and Alaska Avenue rights-of-way as described in Exhibit A and depicted in Exhibits B-1 and B-2; and II. That the hour of 4:00 p.m. on the 28�h day of October 2010 in the Council Chamber, 73-510 Fred Waring Drive, Palm Desert, Califomia, is hereby fixed as the time and place of hearing all persons interested in or objecting to the propased vacations of said public streets; and III. That the Gity 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 the hearing. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 23�d day of September 2010. AYES: BENSON, FERGUSON, KROONEN, SPIEGEL, and FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Tuesday, September 28, 2010 12:22 PM To: Martinez, Gloria Subject: RE: Legal Notice- PH 10/28/10- Res 2010-75 Vacation I didn't even natice it said sept. I was looking at the dates. :-) my oops too I guess. Ad received and will publish on Oct dates requested. Charlene l��loetler Public Notice Customer Seri�ice Nep. The Desert Sun Newspaper 750 N. Geue Autry Trail, Palm 3prings, CA 92262 (760)778-4578, Fax(760)77$-4731 Desert Sun leqals .thedesertsun.com &Desert Post Weekly dpwleqals(a�thedesertsun.com The Coachella Valley's#1 Source in News&AdveRisirrg!Visit us at mydesert.com �'lease f3e Kind tp lhe EnvlronmenL Thlnk bc:(ore you prinl From: gmartinez@cityofpalmdesert.org [mailto:gmartinez@cityofpalmdesert.org] Sent:Tuesday, September 28, 2010 11:59 AM To: tds-legals Cc: blongman@cityofpalmdesert.org; pgarner@cityofpalmdesert.org Subject: FW: Legal Notice - PH 10/28/10 - Res Z010-75 Vacation Oops!! I meant OCTOBER PLEASE PUBLfSH 7W{CE tN THE DESERT SUN Thursday, October 14, 2010 and Thursday, October 21, 2010 THANK YOU!! O From: Martinez, Gloria Sent: Tuesday, September 28, 2010 11:55 AM To: 'legals@thedesertsun.com' Cc: Longman, Beth; Garner, Page Subject: Legal Notice - PH 10/28/10 - Res 2010-75 Vacation PLEASE PUBLISH THE FOILOWING: NOTICE OF PUBLIC HEARING �