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HomeMy WebLinkAboutResolution 2011-87 Tract Map 29469 Vacate Daisy Lane Right-of-Way and Excess SidewalkCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2011- 87 SETTING A PUBLIC HEARING TO CONSIDER VACATING DAISY LANE RIGHTS -OF - WAY AND EXCESS SIDEWALK AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Kristi Hanson Architects, Inc. 72-185 Painters Path, Suite A Palm Desert, CA 92260 DATE: December 8, 2011 CONTENTS: Resolution Exhibit A — Legal Description (Daisy Lane) Exhibit B — Plat (Daisy Lane) Exhibit C — Legal Description and Plat (Sidewalk & Landscape Easements) Exhibit D — Legal Description and Plat (Sidewalk & Landscape Easements) Request Letter Record Map Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2011- 87 setting a public hearing for January 26, 2012, to consider vacating Daisy Lane rights -of -way and excess sidewalk and landscape easements along Shepherd Lane in Tract No. 29469. Commission Recommendation Government Code Section 65402 requires, in part, that the Planning Commission report to the City Council that the subject vacation conforms with the adopted General Plan. At their meeting of October 4, 2011, the Planning Commission, by a 5-0 vote and minute motion, determined that the subject vacation does conform with the General Plan. Staff Report Street Vacation of Daisy Lane and Excess Easement December 8, 2011 Page 2 of 2 Background City staff has been approached by Betty Ford Center representatives, including staff from Kristi Hanson's office, to privatize Daisy Lane, a cul-de-sac street west off of Shepherd Lane and north of Frank Sinatra Drive. They would like to install an entry gate on Daisy Lane at Shepherd Lane for vehicular and pedestrian traffic. Public access rights will need to be vacated in order to accommodate this request, which City staff supports. Daisy Lane serves 15 existing homes/lots, all of which are owned by the Betty Ford Center at Eisenhower. Staff has determined that the subject right-of-way, described as Daisy Lane and the excess 8-foot wide sidewalk and landscape easement along Shepherd Lane, are unnecessary for present or prospective public purposes. The vacation is requested to provide privacy and security for the Betty Ford Center clients that utilize the housing on Daisy Lane. The physical concrete sidewalk exists within the public right-of-way of Shepherd Lane, and the landscaping will remain behind the sidewalk; however, there is no need for a public easement for the landscaping maintained by the property owners(s). The easement for public utility purposes over/within Daisy Lane provided for in the map of Tract No. 29469 will remain; however, the maintenance responsibility of the street improvements would fall to the owner/property owners' association. CC&Rs will be recorded prior to or with the resolution of vacation. The Fire Department has requested that a condition be placed on this request that the property owners' association be required to maintain and keep the gate and secondary backup power to the gate in good repair. That condition would state that the battery shall be replaced at least every five years per the manufacturer's recommendations. Fiscal Analysis The City will realize a savings in street maintenance costs by approving the vacation of Daisy Lane. Prepared By: R. Page Garner Mark %e�wo#o&d, P. ,Senior Engineer/City Surveyor Director ofPublic W k. CITY COUNCIL A ION APPROVED WIN", RFC(t[VI�D�..,..r....T(W.OTHER MEETING DAT mot' 0 C n M. Wohlmuth, City Manager AYES: mi NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with Ci lerk's Office RESOLUTION 2011- 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE DAISY LANE RIGHTS -OF -WAY AND EXCESS SIDEWALK AND LANDSCAPE EASEMENTS ALONG SHEPHERD LAND IN TRACT NO. 29469 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 THEPROPOSED VACATION. The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER and RESOLVE as follows: 1. 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 Daisy Lane rights -of -way and excess sidewalk and landscape easements along Shepherd Lane in Tract No. 29469 as described and depicted in Exhibits A, B, C, and D; and II. That the hour of 4:00 p.m. on the 261h day of January 2012 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 easements; 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 8th day of December 2011. AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Jean M. Benson, Mayor RESOLUTION NO. 2011-87 EXHIBIT "A" PUBLIC STREET VACATION LEGAL DESCRIPTION- DAISY LANE LOTS "A" AND "B" OF TRACT NO.29469, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 303, PAGES 81 AND 82, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE. THE ABOVE DESCRIBED LOT "A" CONTAINS 29,750.59 S.F. OR 0.68 AC., MORE OR LESS, THE ABOVE DESCRIBED LOT "B" CONTAINS 1,793.61 S.F. OR 0.04 AC., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. C Wayne A. McGee, L.S. 5479 Date:yW�ti�'8IL+s! ta5� 1 ' RESOLUTION NO. 2011-87 NOTE EXHIBIT "Bff THIS PLAT WAS PREPARED FROM RECORD DATA AND DOES NOT REPRESENT A SURtyEY OF IHE PROPERTY SHOWW HEREON. / �laE A. �P cFF NO. 5479 Exp. 9/30/12 F CAL F © 8' WDE SIDEWALK AND LANDSCAPE EASEMENT PER TRACT NO. 29469 D A I S Y �MMMMM INDICATES PUBLIC STREET TO BE VACATED L "A N E; L 0 T A"\\ 'y k^ > = I ao enc \ \N L=37.48 , R=100.00 d=2128'38"1 Ton=18.97! W Q.) TRACT NO.. 29469 M.B. 303/81-82 Q I --IQ Z '^ LOT 15 50 0 25 50 ( IN FEET ) 1 inch = 50 ft. am Qpo�m� L=210.13 R=54.00 6-222 57'17" L=37 6 R=100.00 d=2178'38" I Tan=18.97 TRACT NO. 29469 M.B. 303/81-82 N LOT 1 � L/v- S H E P N E R----�-�— LANE NOD 03 33 W VACATION PLAT - CITY OF PALM DESERT PREPARED BY.- APPLICANT - BETTY FORD CENTER c/a McGEE SURVEYING, INC. 45-100 GOLF CENTER PKWY, STE. G lNDIO, A YN A. MCGEE DA TE CA 92201 L.S. 5479 EXP. 91JO112 RESOLUTION NO. 2011-87 EXHIBIT "C" LEGAL DESCRIPTION SIDEWALK/ LANDSCAPE EASEMENT LOT 1, TRACT NO. 29469 THAT PORTION OF LOT 1 OF TRACT NO. 29469, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 303, PAGES 81 AND 82, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 OF TRACT NO. 29469, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF SHEPHERD LANE PER SAID TRACT NO. 29469; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, S 00°03'33" E, A DISTANCE OF 76.13 FEET TO THE MOST NORTHERLY POINT OF LOT `B" OF SAID TRACT NO. 29469; THENCE S 39018' 12" W, A DISTANCE OF 12.61 FEET, ALONG THE NORTHERLY LINE OF SAID LOT "B", TO A POINT 8.00 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT `B" AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE OF SHEPHERD LANE N 00003'33" W, A DISTANCE OF 85.87 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1 OF SAID TRACT NO. 29469; THENCE N 89052'44" E, A DISTANCE OF 8.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1, TO SAID NORTHEAST CORNER OF SAID LOT 1 OF SAID TRACT NO. 29469 AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED CONTAINS 648.01 S.F. OR 0.015 AC., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE PAGE 2 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. 141 / Wayne A. McGee, L.S. 5479 Date: 22 ��' A. t85�1S PAGE 1 OF 2 RESOLUTION NO. 2011-87 "°S EXHIBIT 'YC� THIS PLAT WAS PREPARED FROM RECORD DATA AND 30 0 15 30 DOES NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON. LAND \�Np,L S A Mop G�'` ( IN FEET ) �P F(A Fo 1 inch = 3o ft. a � NO. 5479 Exp. 9/30/12 aP 9TF0F' CAQF� LOT 2 N00 *03'JJ V 104.11' LAJ 25' z 4 Q W Q o o LOT 1 ` TRACT NO. 29469 0 o 0 Q z M.B. JOJ181-82 ? LOT B N00 03'33"W 85.87' — — 8.00, 76, , P. 0. B. SHEPHERD L A NE O 8' WIDE SIDEWALK AND LANDSCAPE EASEMENT PER TRACT NO. 29469 EXISTING EASEMENT PLAT - CITY OF PALM DESERT PREPARED BY.• APPLICANT - BETTY FORD CENTER clo McGEE SURVEYING, INC. 45-100 GOLF CENTER PKWY, STE. G lNDlO, CA 92201 WA YNE A. MCGEE A TE L.S. 5479 EXP. 91JO112 PAGE 2 OF 2 RESOLUTION NO. 2011-87 EXHIBIT "D" LEGAL DESCRIPTION SIDEWALK/ LANDSCAPE EASEMENT LOT 15, TRACT NO. 29469 THAT PORTION OF LOT 15 OF TRACT NO. 29469, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 303, PAGES 81 AND 82, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 15 OF TRACT NO. 29469, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF SHEPHERD LANE PER SAID TRACT NO. 29469; THENCE N 00003'33" W, A DISTANCE OF 61.00 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE, TO THE MOST SOUTHERLY POINT OF LOT "B" OF SAID TRACT NO. 29469; THENCE N 39029'53" W, A DISTANCE OF 12.59 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT `B", TO A POINT 8.00 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LOT "B" AND PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE OF SHEPHERD LANE, S 00°03'33" E, A DISTANCE OF 75.95 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15 OF SAID TRACT NO. 29469; THENCE N 56048'38" E, A DISTANCE OF 9.55 FEET, ALONG SAID SOUTHERLY LINE OF SAID LOT 15, TO SAID MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 15 OF SAID TRACT NO. 29469, AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED CONTAINS 547.95 S.F. OR 0.013 AC., MORE OR LESS. FOR GRAPHICAL PURPOSES SEE PAGE 2 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Wayne A. McGee, L.S. 5479 Date: a PAGE 1 OF 2 RESOLUTION NO. 2011-87 TH IS PLAT WAS PREPARED FROM RECORD DATA AND EXH/B/T D 30 15 Jo >' THS DOES NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON \D�PL LAA/p S �g5 yNE A. M°C' IN FEET ) �P FF o 1 inch = 3o ft. a 50 NO. 5479 Exp. 9/30/12 9TFCFCALU� �P LOT 14 N00 03'33"W 104.00' 0 75' 25' W W z Q N Qr- `D LOT 15 �' o Q TRACT NO. 29469 `O ` `_' Z M. B. 303/81-82 Q oI 6 .. � N00 03'33"W _ _ 75. 95' okT LOT B Q I 61.00' �� P.O.B. OO SHEPHERD L A NE N00 °03'33" W o 8' WIDE SIDEWALK AND LANDSCAPE EASEMENT PER TRACT NO. 29469 EXISTING EASEMENT PLAT - CITY OF PALM DESERT PREPARED B : APPLICANT - BETTY FORD CENTER clo McGEE SURVEMG, INC. 45-100 GOLF CENTER PKWY, STE. G WA YNE A. McGEE DA TE lNDIO, CA 92201 L.S. 5479 EXP. 91JO112 PAGE 2 OF 2 May 10111, 2011 RE; Daisy Lane Lots A & B Mr. Mark Greenwood Director of Public Works, City of Palm Desert 73-510 Fred Waring.Drive Palm Desert, CA 92260 Dear Mr. Greenwood We, on behalf of the Betty Ford Center, hereby request the vacation of the above mentioned property. The purpose of the street vacation is to privatize Daisy Lane Lots A & B and install a new wall and gate access. The privatization of Daisy Lane will allow the Betty Ford Center to secure and manage the vehicular/pedestrian traffic of their tenants into the neighborhood with the proposed vehicular/pedestrian entry gate. The proposed vacation of Daisy Lane and the vehicular/pedestrian entry gate was presented to the City of Palm Desert's department heads at a meeting on April 1 1 th, 201 l . It was the general consensus that each of the department heads was in agreement with the proposed plan. The following is a list of the city employee's involved with the proposed vacation of Daisy Lane. • Tony Bagato (Principle Planner) • Page Garner (Senior Engineer) • Mark Diercks (Transportation Engineer) • Neil Stephenson (Fire Safety Specialist) We, on behalf of the Betty Ford Center, respectfully request the City of Palm Desert Public Works Department to initiate the vacation of Daisy Lane. KrVfi Hans�n Principal, risti Ha son Architects, Inc. 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