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Home My WebLink AboutRes 2010-75 Setting a Public Hearing to Vacate Fred Waring/Alaska Ave CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2010- 75 SETTING A PUBLIC HEARING TO CONSIDER 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: September 23, 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-�5 setting a public hearing to consider 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 Waring Drive between Tennessee Avenue and Elkhorn Trail, it was discovered that over the course of many years, while still an unincorporated Staff Report Adopt Resolution No. 2010- 75 Setting a Public Hearing to Consider Vacating Portions of Fred Waring Drive and Alaska Avenue Rights-of-Way September 23, 2010 Page2of2 area of Riverside County, various private resident improvements, including swimming 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 Drive 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. The adopted Resolution for this vacation will retain any utility easements of record. Staff requests that the attached Resolution setting a public hearing for October 28, 2010, be adopted for the subject vacation. Fiscal Analvsis No fiscal impact associated with this action. Prepared By: Departm n e d: � � � �"� �� . Page Garner, L.S., Senior Engineer Mark Green ood, P.E. Director of Public Works Approval: CI'1"Y CODNCiLAQTIOPt APPROVED bFNt'�:'D �� RECEIVED OTHER MEET G - Jo n M. Wohlmuth, City Manager AYES: NOESs ABSENTt ABSTAINs VERIFIED BYa � Origina!oo File rvith C erk's UfPice RESOLUTION NO. 2010-�5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTIONS OF FRED WARING DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY UNDER PROVISIONS OF 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 28th day of October 2010 in the Council Chamber, 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 vacations of said public streets; and 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 the hearing. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm. Desert City Council held on this 23rd day of September 2010. AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA EXHIBIT "A" LEGAL DESCRIPI'IONS FRED WARING DRIVE RIGHT 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 INS7RUMENT NO. 45347, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: 7HE 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 2Q0 THROUGH 221 INCLUSIVE, ALL OF TRACT WO. 2283 AS PER MAP FILED IN BOOK 42, PAGES 82 THROUGH 89 INCIUSiVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE. ALASKA AVENUE RIGHT OF WAY VACATION 7HOSE 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 FILED 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 A7 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 YO THE BEGINNING OF CURVE CONCAVE TO THE NORTNWEST HAVING A RADIUS OF 20.Q0 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 WES7ERLY 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 PROLONGAT�ON 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 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 85.45 S.F., MORE OR LESS. AND COMMENCING AT THE 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 AL.SO 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 HAVING 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 86.23 S.F., MORE OR LESS. EXHIBITS "B-1" AND "B-2" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. ��s�9u . / �' ��.�",,� �?l� Z.�lCC.� Qp�E Ci,q9 E'�.�� R. PAGE GA NER, L.S. 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