HomeMy WebLinkAboutResolution 2011-74 Vacate Excess Public Utility Easement - Coachella Valley Water DistrictCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION NO. 2011- 74 VACATING EXCESS
PUBLIC UTILITY EASEMENT OVER A PORTION OF LOT "C",
MOUNTAIN RIDGE, AND THE EMERGENCY VEHICULAR
ACCESS EASEMENT OVER THE SAME PORTION OF LOT "C",
MOUNTAIN RIDGE, AND OVER LOT "I", A COACHELLA VALLEY
WATER DISTRICT TANK SITE, TRACT NO. 28575-3, IN
CANYONS AT BIGHORN
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
DATE: August 28, 2011
CONTENTS: Resolution
Vacation Exhibits "A", "B", "C", "D"
CVWD Request Letters
Fire Department Letter
Record (Final) Map
Vicinity Map
Recommendation
Waive further reading and adopt Resolution No. 2011- 74 vacating
excess Public Utility Easement (PUE) over a portion of Lot "C", Mountain
Ridge, and the Emergency Vehicular Access Easement (EVAE) over the
same portion of Lot "C", Mountain Ridge, and over Lot "I", a Coachella
Valley Water District (CVWD) tank site, Tract No. 28575-3, in Canyons at
Bighorn.
Background
The subject PUE is located within Mountain Ridge, which is designated as Lot "C" of
Tract No. 28575-3, in Canyons at Bighorn. 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 that don't already have a separate easement provided, nor is there a future
need for a separate PUE.
Staff Report
Resolution Vacating Easements at Bighorn
August 25, 2011
Page 2 of 2
The subject EVAE is located within the same area of Mountain Ridge, Lot "C", and is
also located in all of Lot "I", tank site, also of Tract No. 28575-3. Both the PUE and the
EVAE were dedicated to the City and accepted on the map of Tract No. 28575-3 by City
Council on December 14, 2000. The map recorded with the County of Riverside on
December 29, 2000.
According to the Fire Department, the EVAE being vacated has not been used for its
dedicated purpose for more than five consecutive years prior to this request.
Additionally, emergency vehicles can access the water tank when necessary without the
EVAE in place.
CVWD owns Lot "I" and they have requested the vacations to accommodate security
around their water tank due to recent damage/vandalism at the tank. The Fire
Department has approved vacating the EVAE with the conditions provided in their letter
dated June 2, 2011. CVWD has agreed to the conditions.
Bighorn Development/Homeowners' Association indicated that it intends to quitclaim
title to CVWD that subject portion of Mountain Ridge after these vacations are recorded
with the County.
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.
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
Departny,bryf H
R. Page Garner, L.S. Mark Gree ood, KE.
Senior Engineer/City Surveyor Director ofrublic Work
CITY COUNCS.Amom
AppAPPROVED DF.N"
7 /�7 .---, RFy-EIVED , _ OTHER ...
Wohlmuth, City Manager
• : A ��y ryy
Original on File with City Oerk'8 Office
RESOLUTION NO. 2011- 74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY
EASEMENT OVER A PORTION OF LOT "C", MOUNTAIN RIDGE, AND
THE EMERGENCY VEHICULAR ACCESS EASEMENT OVER THE
SAME PORTION OF LOT "C", MOUNTAIN RIDGE, AND OVER LOT "I",
A COACHELLA VALLEY WATER DISTRICT TANK SITE, TRACT NO.
28575-3, IN CANYONS AT BIGHORN, UNDER PROVISIONS OF
DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE
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 easements described in Exhibits "A", "B",
"C", and "D", attached hereto and made a part hereof, are in excess and are
unnecessary for present or prospective public purposes and that there are no in -place
public utility facilities within the described area that don't already have other easements
for those facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT,
CALIFORNIA, AS FOLLOWS:
Section 1: That the public utility easement located over a portion of Lot "C",
Mountain Ridge, and the emergency vehicular access easement over the same portion
of Lot "C" and over Lot "I", a Coachella Valley Water District water tank site, Tract No.
28575-3, be vacated as described and as set forth in Exhibits "A", "B", "C", and "D",
attached hereto; and
Section 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; and
Section 3: That from and after the date this resolution is recorded, the subject
portion of public utility easement and emergency vehicular access easement will no
longer constitute public service easements.
RESOLUTION NO. 2011- 74
PASSED, APPROVED, AND ADOPTED this 25th day of August, 2011, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2011-74
EXHIBIT "A"
VACATION OF EASEMENTS FOR PUBLIC UTILITY PURPOSES AND
EMERGENCY VEHICULAR ACCESS
PORTION OF APN 771-510-015
ALL THAT PORTION OF LOT "C" OF TRACT MAP NO.28575-3 AS FILED IN
BOOK 300, OF MAPS, PAGES 5 THROUGH 13, INCLUSIVE, OFFICIAL RECORDS
OF RIVERSIDE COUNTY, LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO
MERIDIAN, SITUATED IN THE CITY OF PALM DESERT, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "I" OF SAID TRACT
MAP NO.28575-3;
THENCE NORTH 8903 9'11" EAST ALONG THE NORTH LINE OF SAID LOT "I", A
DISTANCE OF 215.53 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT
"I", ALSO BEING A POINT IN THE WESTERLY LINE OF THE
AFOREMENTIONED LOT "C", ALSO BEING THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
178.00 FEET, ALSO BEING THE POINT OF BEGINNING, A RADIAL LINE TO
SAID POINT BEARS SOUTH 24°37'51" EAST;
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE AND ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 04°00'22", AN ARC DISTANCE
OF 12.45 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 522.00 FEET;
THENCE SOUTHWESTERLY CONTINUING ALONG SAID WESTERLY LINE
AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10021' 12", AN
ARC DISTANCE OF 94.33 FEET TO A POINT OF COMPOUND CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 122.00
FEET;
THENCE SOUTHWESTERLY AND SOUTHERLY CONTINUING ALONG SAID
WESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 70001'46", AN ARC DISTANCE OF 149.11 FEET TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE WEST HAVING A RADIUS
OF 138.00 FEET;
THENCE SOUTHERLY CONTINUING ALONG SAID WESTERLY LINE AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10051'59", AN ARC
DISTANCE OF 26.17 FEET TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 172.00 FEET;
Pagel of 3
RESOLUTION NO. 2011-74
THENCE SOUTHERLY AND SOUTHEASTERLY CONTINUING ALONG SAID
WESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 71 °00'23", AN ARC DISTANCE OF 213.16 FEET TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 189.78 FEET;
THENCE SOUTHEASTERLY CONTINUING ALONG SAID WESTERLY LINE
AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04041'22", AN
ARC DISTANCE OF 15.53 FEET;
THENCE SOUTH 66027'30" EAST CONTINUING ALONG SAID WESTERLY LINE,
A DISTANCE OF 62.41 FEET TO AN ANGLE POINT THEREIN;
THENCE NORTH 23032'30" EAST ALONG THE EASTERLY LINE OF
AFOREMENTIONED LOT "C", A DISTANCE OF 44.00 FEET TO AN ANGLE
POINT THEREIN;
THENCE NORTH 66027'30" WEST CONTINUING ALONG SAID EASTERLY
LINE, A DISTANCE OF 62.41 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 233.78 FEET;
THENCE NORTHWESTERLY CONTINUING ALONG SAID EASTERLY LINE
AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04041'22", AN
ARC DISTANCE OF 19.13 FEET TO A POINT OF REVERSE CURVATURE WITH
A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 128.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY CONTINUING ALONG SAID
EASTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 71 000'23", AN ARC DISTANCE OF 158.63 FEET TO A POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE WEST HAVING A RADIUS
OF 182.00 FEET;
THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY LINE AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10051'59", AN ARC
DISTANCE OF 34.52 FEET TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 78.00 FEET;
THENCE NORTHERLY AND NORTHEASTERLY CONTINUING ALONG SAID
EASTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 70001'46", AN ARC DISTANCE OF 95.34 FEET TO A POINT OF COMPOUND
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 478.00 FEET;
Page 2 of 3
RESOLUTION NO. 2011-74
THENCE NORTHEASTERLY CONTINUING ALONG SAID EASTERLY LINE AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10021' 12", AN ARC
DISTANCE OF 86.37 FEET TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 222.00 FEET;
THENCE NORTHEASTERLY CONTINUING ALONG SAID EASTERLY LINE AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°00'22", AN ARC
DISTANCE OF 15.52 FEET TO MOST WESTERLY CORNER OF LOT 15 OF THE
AFOREMENTIONED TRACT MAP NO.28575-3;
THENCE LEAVING THE SAID EASTERLY LINE NORTH 24037'57" WEST, A
DISTANCE OF 44.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.53 ACRES (MORE OR LESS).
EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS
OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION AT
THE REQUEST OF THE COACHELLA VALLEY WATER DISTRICT IN MARCH,
2011.
LAND
B AN ADEN S. 5877 A o
NO.5877
�t Exp. 12-31-12 "y
9 OF C AL1�04
Page 3 of 3
RESOLUTION N0. 2011-74 EXHIBIT "B„ SHEET 1
VACATION OF EASEMENTS FOR PUBLIC UTILITY PURPOSES
AND EMEGENCY VEHICULAR ACCESS
POR. APN 771-510-015
W1/4 COR.
SEC. 5
5
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LOT "H" 1 ' LOT 16
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LOT 15
LOT "I"
E'LY LINE
LOT "C'
W'LY LINE 3
Q LOT "C' ar,' I
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0.53 ACRES (MORE OR LESS)
OF 3 SHEETS
POR. LOT "C" TO
BE VACATED
J
LAND
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INC. 5B77
9
TFOF Cq��FOR
COACHELLA VALLEY WATER DISTRICT
COACHELLA, CALIFORNIA
CITY OF PALM DESERT
PORTION OF LOT "C" TRACT MAP NO. 28575-3
POR. OF SW 1/4 OF SECTION 5, T.6S., R.6E., S.B.M.
RF.SnT.TTTTnN Nn. 9ni 1-74
EXHIBIT 99B» SHEET 2 OF 3 SHEETS
VACATION OF EASEMENTS FOR PUBLIC UTILITY PURPOSES
AND EMEGENCY VEHICULAR ACCESS
LOT v'H" POR. APN 771-510-015
N.89'51'31"E. (R)
-PRC-------
POB
MOST WLY
COR. LOT "I"
�5�3
2g5
No .
�RPG� 3p0
SEE SHEET 3 FOR CURVE AND COURSE DATA
COACHELLA VALLEY WATER DISTRICT
COACHELLA, CALIFORNIA
CITY OF PALM DESERT
PORTION OF LOT "C" TRACT MAP NO. 28575-3
0 30 60 120
POR. OF SW 1 /4 OF SECTION 5, T.6S., R.6E., S.B.M.
RESOLUTION NO. 2011-74
EXHIBIT "C"
VACATION OF EASEMENT FOR EMERGENCY VEHICULAR ACCESS
APN 771-510-011
ALL OF LOT "I" OF TRACT MAP NO.28575-3 AS FILED IN BOOK 300, OF MAPS,
PAGES 5 THROUGH 13, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE
COUNTY, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN,
SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA.
CONTAINS 9.89 ACRES (MORE OR LESS).
EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS
OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION AT
THE REQUEST OF THE COACHELLA VALLEY WATER DISTRICT IN AUGUST,
2011.
BRLBADEN L.S. 5877
Page I of 1
� LA.
AND �b
NO.5877
Exp.12-31-12
\� 0 CAL Q e
RESOLUTION NO. 2011-74
W1/4 COR.
SEC. 5
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EXHIBIT "D„ SHEET 1 OF 1 SHEET
VACATION OF EASEMENT FOR EMERGENCY VEHILCULAR ACCESS
APN 771-510-011
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LOT "J"
LOT 15
LOT "I"
E'LY LINE
LOT "C'
LOT "CLINE
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�RPCl 500
= 9.89 ACRES (MORE OR LESS)
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No. 5877
Exp.
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COACHELLA VALLEY WATER DISTRICT
COACHELLA, CALIFORNIA
CITY OF PALM DESERT
Established in 1918 as a public agency
Coachella Valley Water District
Directors:
Peter Nelson, President - Div. 4
John P. Powell, Jr., Vice President
Patricia A. Larson - Div. 2
Debi Livesay - Div. 5
Franz W. De Klotz - Div. 1
R. Page Garner
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Garner:
RECEIVED
MA.a 29 ?nil
TT/ 47 ?a r!e tiZcy
uz" I
Officers:
Div. 3
Steven B. Robbins, General Manager -Chief Engineer
Julia Fernandez, Board Secretary
March 24, 2011 Redwine and Sherrill, Attorneys
File: 0423.78
0652.1
Subject: Request to Vacate Easements for Public Utility Purposes and Emergency
Vehicular Access over a portion of Lot "C" of Tract Map 28575-3,
being a portion of Assessor Parcel No. 771-510-015, located in the Southwest
Quarter of Section 5 Township 6 South Ramie 6 East San Bernardino Meridian
The Coachella Valley Water District (District) owns Reservoir site 6603 being Lot "I" of Tract
Map 28575-3 located at the end of Lot "C" (Mountain Ridge) of said Tract. The District is
currently working with Bighorn Homeowner's Association, Inc. to obtain fee ownership of a
portion of Mountain Ridge, as highlighted on the enclosed Assessor Parcel Map. The City of
Palm Desert (City) was dedicated easements for public utility purposes and emergency vehicular
access over Lot "C" on Tract Map 28575-3 as filed in Book 300, of Maps, Pages 5 through 13.
inclusive. A copy of said map is enclosed for your reference.
To restrict public access and improve security to its reservoir site, the District proposes that the
City vacate its easements for the portion of Mountain Ridge legally described and depicted on
the enclosed Exhibits "A" and "B".
If you have any questions, please call Kelly Esmeralda, Right -of -Way Assistant, extension 2280.
Enclosures/3/as
cc:
Sue Wiskow (without enclosures)
Bighorn Homeowner's Association, Inc.
941 Andreas Canyon Drive
Your very truly,
Mark L. Johnson
Director of Engineering
Established in 1918 as a public agency
Coachella Valley Water District
Directors:
Peter Nelson, President - Div. 4
John P. Powell, Jr., Vice President - Div. 3
Patricia A. Larson - Div. 2
Debi Livesay - Div. 5
Franz W. De Klotz - Div 1
R. Page Garner
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Garner:
April 6, 2011
Officers:
Steven B. Robbins, General Manager -Chief Engineer
Julia Fernandez, Board Secretary
Redwine and Sherrill, Attorneys
File: 0423.78
0652.1
Subject: Request to Vacate Easement for Emergency Vehicular Access
over Lot "I" of Tract Map 28575-3, being Assessor Parcel No.
771-510-011, located in the Southwest Quarter of Section 5,
Township 6 South, Range 6 East San Bernardino Meridian
The Coachella Valley Water District (District) recently sent out a letter dated March 24,
2011 requesting the City of Palm Desert (City) to vacate easements for public utility
purposes and emergency vehicular access over a portion of Lot "C" of Tract Map 28575-3. A
copy of said letter is enclosed for your reference. The District would like to amend the
request to include the vacation of the City's emergency vehicular access easement over Lot
"I" of said Tract. The emergency vehicular access easement was dedicated to the City on
Tract Map 28575-3, as filed in Book 300, of Maps, Pages 5 through 13, inclusive.
If you have any questions, please call Kelly Esmeralda, Right -of -Way Assistant, extension
2280.
Yours very truly,
Mark L. Johnson
Director of Engineering
Enclosure/l/as
cc: Sue Wiskow (without enclosure)
Bighorn Homeowner's Association, Inc.
941 Andreas Canyon Drive
Palm Desert, CA 92260
KE:pr/eng/rw/I I 'apr/City of PD-Garner
Palm Desert Fire Department
�T Fire Prevention Bureau
In cooperation with Riverside County Fire Department
73710 Fred Waring Dr. Suite 102 Palm Desert Ca 92260 760-346-1870 Fax 760-779-1959
June 2, 2011
To: Page Garner, Senior Engineer
Re: Big Horn E.V.A.E At lot I and a portion of lot C
Highway 74
Palm Desert Ca 92211
Case # Gate-11-128
The Palm Desert Fire Marshals office approves to vacate the Emergency Vehicular
Access Easement at Big Horn water tank located on Mountain Ridge, lot I & lot C with
the following conditions.
1) The emergency vehicular access easement road shall be maintained clear and
passable at all times.
2) Locks on the gate shall be Knox system locks or it is agreed with Big Horn that
due to the main gate being manned 24 hours a day a person will lead emergency
personal in with keys to open gates for emergency purposes.
Any questions regarding the meaning of these conditions should be referred to the Palm
Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring Suite #102
Palm Desert, Ca 92260
Respectfully,
Steven Brooker
Fire Marshal
`By:
Neal Stephenson
Fire Safety Specialist
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