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Home My WebLink AboutResolution 2012-65 - Parcel Map 34211-1 Easement for Drainage PurposesCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ACCEPT AN OFFER MADE IN PARCEL MAP NO. 34211-1 AS AN EASEMENT FOR DRAINAGE PURPOSES OVER CHANNEL LOT B AND THE 15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: September 27, 2012 CONTENTS: Resolution 2012- 65 Parcel Map No. 34211-1 Vicinity Map Recommendation By Minute Motion, accept an offer made in Parcel Map No. 34211-1 as an easement for drainage purposes, rather than in fee title, over Channel Lot B, and the 15-foot wide easement for drainage and incidental purposes. Background The Mid -Valley Storm Water Project (Project) was created to protect the parcels that parallel the Union Pacific Railroad from flooding, stormwater erosion, and to convey stormwater. The Project area started at Date Palm Drive on the west and extended east to the Coachella Stormwater Channel. The Project was coordinated by the Coachella Valley Water District (CVWD), and the cities within the Project's boundary were responsible for the implementation of stormwater mitigation by means of a channel. The plan was for the cities within the Project to construct channels that would eventually be joined from the west end of the valley to the east end. A portion of the channel in the City of Palm Desert (from the northerly extension of Portola Avenue east to Cook Street), which was designated as Lot B on Parcel Map 34211-1, was rough graded by a previous property owner/developer. The agreement between the City and the property owner/developer of Lot B was that each of the subsequent developers with a project along the channel would be required to line the channel with concrete. Following the City's acceptance of the work, the City would accept Lot B in fee title "for drainage and incidental purposes" and a 15-foot wide drainage easement as offered on the map and assume the maintenance Staff Report Vacate Lot B, PM 34211-1 September 27, 2012 Page 2 of 3 responsibilities. The 15-foot easement accommodates draining a portion of Technology Drive into the channel. However, CVWD notified the City by a letter dated January 19, 2012, that they had abandoned the Project, stating that the flood protection benefit of the Project was overshadowed by the cost of the project. Now the channel can be used for permanent storm water retention purposes for projects adjoining the channel. There is no longer a need to line the channel; and a dirt channel will better accommodate water percolation. Given these changed circumstances, the City has not, nor does it need to accept the offer in the map of Lot B in fee title. Instead, the City should accept the offer as an easement over Lot B for drainage purposes, and accept the 15-foot wide drainage easement per the map to drain Technology Drive. Easements over Lot B for public utilities and bicycle path purposes were previously accepted by the City in Parcel Map No. 34211-1. Fiscal Analysis There is no fiscal impact associated with this action. Prepared B Page Garner Senior Engineer / City Surveyor O"� — Paul S. Gibson, Director of Finance Departrrykryt Dead: Mark G f e6xkod, P.E\ Directot of Public Works in, City Attorney ,c"Y COVNCiLAF'I'rOrt A royal: APPROVED ✓ DENIED ....r.. pp RgCEIVED OTHER MEE G DA - JL - 0 AY A NOES: Ova o n M. Wohlmuth, City Manager ABSENT: ABSTAIN: P— VERIFIED BYs D Original on File with Ci lerk's Office RESOLUTION 2012-6_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING AN OFFER MADE IN PARCEL MAP NO. 34211-1 AS AN EASEMENT FOR DRAINAGE PURPOSES, RATHER THAN IN FEE TITLE, OVER CHANNEL LOT B, AND THE 15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES RECITALS WHEREAS, the Mid -Valley Storm Water Project ("Project") was abandoned by the project coordinator, Coachella Valley Water District (CVWD), by their Resolution No. 2012-9, which changed the characteristics of the channels that were previously constructed along the proposed route of the Project from being capable of handling erosive flows to just holding water and allowing water to percolate in retention basins; and WHEREAS, a portion of the proposed route is located in Lot B of Parcel Map No. 34211-1, which recorded December 31, 2009, in Book 230 of Parcel Maps at Pages 100-103, where a channel was rough graded previously by the property owner/developer at the time; and WHEREAS, an offer was made in said Parcel Map No. 34211-1 to convey in fee title to the City of Palm Desert Lot B for drainage and incidental purposes, and which said offer has not been accepted to date because the acceptance was conditioned upon the pre -graded earthen channel to be lined in concrete by projects that adjoin the channel to mitigate erosion from future downstream flows when the Mid -Valley Storm Water Channel was operational; and WHEREAS, due to the changed circumstances, which have in turn changed the characteristics of the channel within said Lot B, concrete lining is not necessary and the City does not need to own the channel in fee title, but instead will require only an easement over Lot B to accommodate draining Technology Drive as well as the 15-foot wide drainage easement as also offered in said map, but also not yet accepted by the City to date. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: That the offer made in Parcel Map No. 34211-1 to the City of Palm Desert to convey Lot B for drainage and incidental purposes in fee title is instead accepted as an easement over Lot B for drainage purposes, and that the offer of the 15-foot wide drainage easement is also accepted to accommodate draining Technology Drive; and Resolution 2012- 65 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 27th day of September 2012. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA I `R[$K� yySgi �rpa M e� N Ba SS¢44x 4gk li may.• exile Q > pt oil A YA GA 2A A A A Q� � - S Rav Np � rnZ 01 � SIN 20 't Ir o2 Q5 y61 a< gi g{ 00I a �L$ �o N OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUB- DIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO PUBLIC USE FOR STREET AND PUBLIC UTILITY PURPOSES, LOT "A". WE HEREBY DEDICATE TO PUBLIC USE, THOSE EASEMENTS SHOWN AS "5' PUE & PEDESTRIAN EASEMENT', FOR SIDEWALK AND PUBLIC UTILITY PURPOSES. WE HEREBY DEDICATE TO PUBLIC USE AN EASEMENT OVER ALL OF LOT "B" FOR PUBLIC UTILITY PURPOSES. WE HEREBY DEDICATE TO PUBLIC USE, THE EASEMENT SHOWN AS "EMERGENCY VEHICLE TURN -AROUND EASEMENT". WE HEREBY DEDICATE TO PUBLIC USE FOR BICYCLE PATH PURPOSES AN EASEMENT OVER ALL OF LOT "B" AND P0RTI04S0F PARCELS I AN03AS SHOWN HEREIN. WE HEREBY CONVEY IN FEE TITLE TO THE CITY OF PALM DESERT, LOT "B" FOR DRAINAGE AND INCI- DENTAL PURPOSES. WE HEREBY DEDICATE TO THE CITY OF PALM DESERT AN EASEMENT SHOWN AS "15' DRAINAGE EASEMENT" FOR DRAINAGE AND INCIDENTAL PURPOSES. WE HEREBY RETAIN RECIPROCAL BLANKET EASEMENTS FOR INGRESS, EGRESS, PARKING, AND DRAINAGE PURPOSES OVER PARCELS 1 AND 2, EXCLUSIVE OF BUILDING STRUCTURES, FOR THE BENEFIT OF PARCELS 1 AND 2 OWNERS, SUCCESSORS, AND ASSIGNEES WITHIN THIS PARCEL MAP. WE HEREBY RETAIN LOT "B" FOR WATER RETENTION CHANNEL MAINTENANCE PURPOSES, UNTO OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND PARCEL OWNERS WITHIN THIS PARCEL MAP. O MATTHEW V. JOHNSON AND LINDA JOHNSON, DATED MAY 3, 2005 '`1 i1 A A TRUSTEES OF THE JOHNSON FAMILY TRUST L2L- s DON KENT COUNTY TAX COIACTOR By. N�,�PUIT CITY CLERK STATEMENT I, RACHELLE D. KLASSEN. CITY CLERK OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE /Ztb DAY OF IV0VEMBILR 21 '... ..'NrOF CATIONS DE MAHEREON, EXCEPT FOR THE CONVEYANCE IN FEE TITLE OF LOT 'B' FOR DRAINAGE AND INCIDENTAL PURPOS AS WELL AS THE 15- DRAINAGE EASEMENT FORD UNTIL D ACCEPTED BY THE CITY OF PALM DESERT. WE HEREBY ABANDON PURSUANT TO SECTION 66445(j) OF THE SUBDIVSION MAP ACT, THOSE CERTAIN 40 FOOT AND 30 FOOT ROAD EASEMENTS AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 27 AT PAGE 56 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE BOUNDARY OF THIS MAP, AND NOT SHOWN HEREIN. DATED: ��"�� —_—� 2009. C ERK OF THE CITY OF PALM DESERT ABANDONMENT NOTE PUR UANT TO SECTION 66445{J) OF THE SUBDIVISION MAP ACT. THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT. 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