HomeMy WebLinkAboutResolution 2012-05 Vacation of Daisy Lane Right-of-Way Excess Sidewalk T29469a
4
CITY OF PALM DE$ERT
PUBLIC WORKS DEPARTMENT -
STAFF REPORT
REQUEST: ADOPT RESOLUTION 2012- 05 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 Works
bl u e
*of
rt 1) Continue public
APPLICANT:
Kristi Hanson Architects, Inc.
hearing to the meeting of March 22, 2012;
2) direct staff to provide notification
72-185 Painters Path, Suite A
to all affected residents in homes on all
Palm Desert, CA 92260
of the cul de sacs off of Shepherd Lane,
with cost of said notification (copying
DATE:
January 26, 2012
and postage) to be borne by Applicant;
3) direct staff to facilitate scheduling
CONTENTS:
Resolution
a community meeting be conducted for all
Exhibit A — Legal Description
affected parties prior to the next public
(DQj eh_0
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. 2012- 05 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.
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
Staff Report
Street Vacation of Daisy Lane and Excess Easement
January 26, 2012
Page 2 of 2
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.
At the City Council meeting on December 8, 2011, Council set a public hearing for the
meeting of January 26, 2012, to consider the subject street vacation. 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 have been
reviewed and approved by the city attorney's office and they will be recorded
concurrently 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
Senior Engineer/City Surveyor
JoW M. Wohlmuth, City Manager
Departm
Mark G-rep nwood, Ill.E.,
Director 6f Public 4orks
RESOLUTION 2012- 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, VACATING DAISY LANE RIGHTS -OF -WAY
AND EXCESS SIDEWALK AND LANDSCAPE EASEMENTS ALONG
SHEPHERD LANE IN TRACT NO. 29469 UNDER PROVISIONS OF
DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS
CODE OF THE STATE OF CALIFORNIA
RECITALS
WHEREAS, the City Council initiated proceedings to vacate the public rights -of -
way and excess sidewalk and landscape easements more particularly described and
depicted in Exhibits "A", "B", "C", and "D" attached hereto, and the City Council finds
that said notices of such vacation were published and posted, as required by law; and
WHEREAS, the City Council on the 26th day of January 2012 held a public
hearing as required by law, at which hearing all persons interested in or objecting to the
proposed vacation were heard, and said public hearing was duly and regularly closed;
and
WHEREAS, the City Council of the City of Palm Desert considered such matter
and finds from the evidence submitted that the rights -of -way described as Daisy Lane
and the excess sidewalk and landscape easements along Shepherd Lane Tract No.
29469, more particularly described and depicted in Exhibits "A", "B", "C", and "D"
attached hereto and made a part hereof, 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 Daisy Lane and the excess sidewalk and
landscape easements along Shepherd Lane Tract No. 29469, be vacated as described
and as set forth in Exhibits "A", "B", "C", and "D" attached hereto subject to and retaining
all public utility easements and other easements of record existing within said public
rights -of -way.
2. That the property/home owners' association shall be required to maintain
and keep the entrance gate and secondary backup power for the gate in good repair
and working order at all times as required by the Fire Department; and the battery shall
be replaced at least every five (5) years per the manufacturer's recommendations.
RESOLUTION NO. 2012-05
3. 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 at the regular meeting of the Palm
Desert City Council held on this 26th day of January 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert A. Spiegel, Mayor
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2012-05
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 "13" 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.
Wayne A. McGee, L.S. 5479 y�6 s4l"
Dare: �� JL
RESOLUTION NO. 2012-05
"° EXHIBIT "B�
1}d5 PUT fPAS PRtPA10fD fRall REL^oRD DATA AND 50 0 15 SD
Dw Nor REPREV7 A StRifY OF 7W PRW&ry
SHOW Awom
\papt LgNp S
A. 14Vo Lsp�� ( IN FELT )
I inch = SD tt
IL NO, 5479
Exp- 0/30/12
9rf OF CAL I F
8' AVE SIDEWALK AND LANDSCAPE
EASEMENT PER TRACT NO. 29469 Ls21a 13
D A I S Y R-54.00
WDICA MS PUBLIC 57REfT • . J A-22257'17'
TO B£ VACATO L A N E
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TRACT NO. 29469 ''� TRACT NO 29469
M.S. 30JI81-82 AM JOJ/81-82
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LOT 15 LOT 1
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SHEPHERD LANE
Noov3jrw
VACATION PLA T - CITY OF PALM DESERT
PREPARED BY APPLICANT
BETTY FORD CENTER
Cho McCEE SURVEYING, INC.
45-100 COLF CENTER PKWY, STE G
INDIO, CA 92201
AYN A. MCGEE IDATE
L.S. 5479 W. 91JO112
RESOLUTION NO. 2012-05
EXHIBIT "C"
LEGAL DESCRIPTION
SIDEWALK/ LANDSCAPE EASEMENT
LOT 1, TRACT NO. 29469
THAT PORTION OF LOT I 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 00003'33" 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 649.01 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.
tl
Wayne A. McGee, L.S. 5479dE�
Date: � 22///
PAGE I OF 2
RESOLUTION NO. 2012-05
NOTE
TIArS PLAT WAS PREPARED FROM R£COVTD DATA AND
ROCS NOT ADWSENT A 5i/RV Y OF IW PROPERTY
SHOW HMON.
\0 .L LANp S
Mcc Gp`
a
NO. 5479
E■p. 9/30/12
CAL
25'
EXHIBIT "C 1'
LOT 2
LOT 1
NO TRACT NO. 29469
z M.B. 303/81-82
30 0 1 30
( IN FEET )
1 inch - 30 M
11'
ozv Ljli� ` ` 85.87 _
1. A//V9n7'77rN/ 7r. 1 z'
I O
E P H E R D L A NE
O 8' WIDE SIDEWALK AND LANDSCAPE
EASEMENT PER TRACT NO. 29469
aW
0
'/,
EXISTING EASEMENT PLA T - CITY OF PALM DESERT
PREPARED BY APPLICANT.
BETTY FORD CENTER
c/D McW SURkEWNG, INC.
45-100 GOLF CENTER PKWY,, S7E, G
INDIO, CA 92201
WAYMI A. MCGEE LIATE
L.S 5479 EXP. 91JO112 PAGE 2 OF 2
RESOLUTION NO. 2012-05
EXHIBIT "D"
LEGAL DESCRIPTION
SIDEWALK/ LANDSCAPE EASEMENT
LOT 15, TRACT NO. 29469
THAT PORTION OF LOT IS 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 39°29'53" 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 00003'33" 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.
I
Wayne A. McGee, L.S. 5479
Date: // 2 //
PAGE I OF 2
RESOLUTION NO. 2012-05
NOTE
TNiS PLAT WAS PREPARED FRAY REGARD DATA MO
DUES NOT ROWSENT A SURWY On THE A?OP RTY
9fO1W NptEGNA
LANE S
Ak-
a NO. 5479
Exp. 9/30/ 12
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9lPUFCA0f��a
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O
75'
EXHIBIT "D" 1 0 15 Jo
( IN FEET )
i inch = 30 ft.
LOT 14
104.00'
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I
i,
LOT 15
.�
7RACT NO. 29469
z
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M.B. 303/81-82
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9Z9
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00'
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SHEPHERD
LANE
N00'03'33 "W
8' WIDE SIDEWALK AND LANDSCAPE
EASEMENT PER TRACT NO. 29469
EXIS77NO EASEMENT PLAT - CITY OF PALM DESEf7T
PREPARED B APPLICANT -
BETTY FORD CEMER
clo McGEE SURVEYING, INC.
7 1l j/ 45-100 GOLF CENTER PKWY, STE G
INDIO, CA 92201
WAYNE A. MCGEE ATF
L.S. 5479 EXP. 9130112 PAGE 2 OF 2
May 101h, 2011
RE: Daisy Lane Lots A & B
Mr. Mork 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
vehiculor/pedestrian entry gate.
The proposed vocation of Daisy Lane and the vehicular/pedestrian entry gate was presented to
the City of Palm Desert's department heads at o meeting on April 1 1111, 2011. 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 vacolion of Daisy Lane.
• Tony Sagoto (Principle Planner)
• Page Gorner (Senior Engineer)
• Mork Diercks (Transportation Engineer)
• Neil Stephenson (Fire Safely 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.
J
Kryti Honjn
Principal, risti Ha son Architects, Inc.
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RESOLUTION NO. 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:
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
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 26th 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: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGEL, MAYOR
EXHIBITS A through D to Resolution No. 2011-87, which consist
of six pages, are available for public inspection in the Office of
the City Clerk, City of Palm Desert, 73-510 Fred Waring Drive,
Palm Desert, California. If you desire a copy of Exhibits A
through D, please call the City Clerk's Office at (760) 346-0611.
Martinez, Gloria
From: Moeller, Charlene [CMOELLER@palmspri.gannett.com]
Sent: Wednesday, December 14, 2011 10:39 AM
To: Martinez, Gloria
Subject: RE: Legal Notice - Res 2011-87 PH 01/26/2012 Daisy Ln ROW - REVISED
O
Ad received and will publish on date(s) requested.
Charlene Moeller I Media Sales Legal Notice Coordinator
The Desert Sun Media Group
750 N. Gene Autry Trail, Palm Springs, CA 92262
t 760.778.4578 1 f 760.778.4731
legals�a thedesertsun.com ( dpwlegals a(a)thedesertsun.com
The Coachella Valley's #1 Source in News & Advertising!
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From: gmartinez(cbcityofpalmdesejmailto:gmartinez@citvo_fr)almdesert.org�
Sent: Wednesday, December 14, 2011 10:26 AM
To: tds-legals
Subject: Legal Notice - Res 2011-87 PH 01/26/2012 Daisy Ln ROW - REVISED
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Resolution No. 2011-87 — Initiating Proceedings to Vacate Daily 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 the Proposed Vacation
TWICE IN THE DESERT SUN
Thursday, January 12, 2012
Thursday, January 19, 2012
If you have any questions or need additional information, please call me.
". P4,a ?'% ^tt4,,e
Records Technician
City of Palm Desert
73-510 Fred Waring Drive
R'ECEIVED
CIT r' CLERK'S OFFICE
January 18, 2012 P ," L l-I DESERT, CA
2012 JAN 19 PM 4: 41
Dear Robert Spiegel Mayor and Rachelle D. Kalassen City Clerk,
This letter is directed at you because of the public notice Resolution 2011-87 concerning
the street Daisy Lane where The Betty Ford Rehabilitation Center houses the Clients that
are getting treatment.
I wanted to voice my opinion about the closure of the street and how it affects my life. I
on occasion walk or ride my bike down that street for exercise. If the street is cut off I
will not be able to do this. I get off work variable hours and it is usually dark and this is a
convenient and safe walking route. This is across from my block. I live on the street in
front of Daisy Lane and this would involve my having to walk further from my home
when it is dark and put me in danger. This would also hinder my desire and success of
weight loss or at least maintenance. of my current weight. I am over weight and I do not
need any additional barriers to my health. I and all the other people that live on my street
were informed that we could not walk on this block by one of my neighbors that was
approached by someone. This information has made me limit when I would get exercise
or not get it at all if it was dark and late. I still walk down this block when I have
exhausted my other options that day. I never know when I will get off from work and I
drive 1 '/2 hours to get to work. Going to the gym is not always an option. When I walk
the loop in front of my home that includes daisy lane I can stop walking promptly and be
home in minutes compared to if I walk a 1 mile or more from my home.
The residents from Daisy Lane (Betty Ford Rehab. Center) walk on my street and in front
of my home regularly and they are stating I will not have that right... Prior to requesting
a notice to close their street they should have instructed their residents not to walk down
other blocks. They have no problem allowing their residents freedom to get themselves
well yet they would block my opportunity by requesting to have the street closed. I would
like to know what their reason is.
I have no problem with the Rehab center and I am pleased to have the Betty Ford as a
neighbor but they also need to be good neighbors and treat us how they want to be
treated. I do not bother them and I do not want to be bothered by their actions. This
would bother me if the City of Palm Desert allowed them to tell me I can not walk down
their street. This brings to my mind is this not a free country... They have already made
those of us that would like to walk uncomfortable walking down their block. As I said I
rarely do so because of the neighbor of mind that was approached by someone on Daisy
Lane.
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