HomeMy WebLinkAboutRes 2014-91 - Vacate ROW - NE Corner of Monterey x Dinah ShoreResolution NO. 2014-91
MONTEREY AVE
1
OWNER:
COUNTY OF RIVERSIDE
RE DR DINAH SHORE -DP
MONTEREY A
1: 2,899
�iridscci#es Parcel Number
PARCEL EXHIBIT
1-1211
INAH Ls+�OR :OR1a
DICK
1: 9,693
SUBJECT AREA
VICINITY MAP
A
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION 2014- 91 VACATING EXCESS
RIGHTS-OF-WAY AND AUTHORIZE THE MAYOR TO EXECUTE
A QUITCLAIM DEED RELATIVE TO THE COUNTY OF RIVERSIDE
OWNED PROPERTY AT THE NORTHEAST CORNER OF
MONTEREY AVENUE AND DINAH SHORE DRIVE
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: November 13, 2014
CONTENTS: Resolution
Parcel Exhibit
Vacation Exhibit "A" (5 pages)
Quitclaim Deed
Vicinity Map
Recommendation
By Minute Motion:
1. Adopt Resolution 2014- 91 vacating excess rights-of-way, all being
generally located at the northeast corner of Monterey Avenue and
Dinah Shore Drive; and
2. Authorize the Mayor to execute a quitclaim deed to the County of
Riverside and retain an easement for channel maintenance access
purposes.
Backqround
The County of Riverside owns the vacant parcels of land at the northeast and northwest
corners of Monterey Avenue and Dinah Shore Drive. The County would like to sell the
property at the northeast corner to a potentiaV developer; however, they would like to do
some "house cleaning" prior to the sale. There are six remnant parcels in that
immediate area: four are held by the City as right-of-way or easement, one is owned in
fee title, and the sixth parcel owned by the County at the northwest corner lies partially
within improved Monterey Avenue. Please refer to the attached Parcel Exhibit.
Resolution No. 2014-91
Staff Report
Vacate Excess Right-of-Way and Execute a Quitclaim Deed
Page 2 of 3
November 13, 2014
Parcels 1, 2, and 3 of the attached Parcel Exhibit were originally conveyed to the
County by deed for road right-of-way purposes in 1985 for the old alignment of
Monterey Avenue over the Union Pacific Railroad and Interstate 10, as well as for the
old alignment of 34th Avenue, or Tamarisk Row Drive, now called Dinah Shore Drive.
Although the County acquired these parcels for right-of-way purposes, they became the
City's by operation of the law when this area was annexed into the City in 1992. These
three parcels are considered excess and have not been used for their dedicated or
acquired purposes for more than five consecutive years immediately preceding this
proposed vacation. Additionally, these rights-of-way have been superseded by
relocation and there are no other public facilities located within them except for a guy
wire pole in Parcel 2. Staff recommends that an easement for drainage purposes be
retained within the northeasterly 50 feet of Parcel 1 and over all of Parcel 3 of the
attached Parcel Exhibit, and an easement for public utility purposes be retained within
Parcel 2.
Parcel 4 of the attached Parcel Exhibit is a portion of a larger parcel that was originally
dedicated to the County on a Parcel Map for street and public utility purposes. It also
became the City's by operation of the law in the 1992 annexation. This parcel is also
considered excess and has not been used for street purposes for more than five
consecutive years immediately preceding this proposed vacation. Staff also
recommends that easements for drainage and public utility purposes be retained over
all of said Parcel 4.
Parcel 5 of the attached Parcel Exhibit is owned by the City in fee title. It is a portion of
a larger parcel that encompasses the drainage channel along the railroad tracks in the
Gateway Industrial Park. Parcel 5 is used for access to maintain the drainage channel
and has an existing drainage easement to the City within it. An easement over Parcel 5
for access purposes would serve the same purposes as owning Parcel 5 in fee title.
Therefore, staff recommends quitclaiming Parcel 5 to the County and retaining the
aforementioned easement over it.
Staff anticipates that the County will quitclaim Parcel 6 of the attached Parcel Exhibit to
the City, and will grant an easement for drainage purposes to the City over the
northeasterly 50 feet of the County's property at said northeast corner. The recording of
both City and County quitclaim deeds and the drainage easement would occur
concurrently with the other documents related to this action herein discussed.
This particular case of vacating excess rights-of-way meets 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.
G.IPubWorkslStall Reports12074Wovernber 73103 Res V�cating Excess Righbol-Way fo Rrvers�de Property a(NE Comer ol Monferey and Dinah ShorelSR Vacate Cxcess
Rrght-o%Way on NE Comer ol Monterey and Dinah Shorr,rtl
Resolution No. 2014-91
Staff Report
Vacate Excess Right-of-Way and Execute a Quitclaim Deed
Page 3 of 3
November 13, 2014
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By: Depart n ad:
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R. Page Garner, L.S. Mark Gre n ood, P.E.
Senior Engineer/City Surveyor Director o� P blic Works
A roval: � CITYCOUNCILA�"ifION
APPROVED � DF,NTED �._..
R JE D _ OTHER, a -
E G DA j _�,J _ b/
hn M. Woh muth, City Manager pyEg. i71► �"' 1C1
NOES:
ABSEN'h
ABSTAINs
VERIFIED BY:
Original on Fjle wlth City C k's Office
G:IPubWorkslSta(f Reports120141November 13103 Res Vacating Excess Right-of-Way to Riverside Property at NE Comer of Monterey and Dinah ShorelSR Vacate Excess
Right-of-Way on NE Comer of Monterey and Dinah Shore.R/
RESOLUTION NO. 2014- 91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, VACATING EXCESS
RIGHTS-OF-WAY GENERALLY AT THE NORTHEAST CORNER
OF MONTEREY AVENUE AND DINAH SHORE DRIVE AS
DESCRIBED IN THE ATTACHED EXHIBIT "A" AND DEPICTED
ON THE PARCEL EXHIBIT (PLAT) UNDER PROVISIONS OF
DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA
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 rights-of-way described in Exhibit "A"
and depicted on the Parcel Exhibit (plat) attached hereto and made a part hereof, are in
excess and are unnecessary for present or prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT,
CALIFORNIA, AS FOLLOWS:
1. That the subject remnant parcel rights-of-way be vacated as described and as
set forth in Exhibit "A" and Parcel Exhibit (plat) attached hereto subject to and
retaining a drainage easement along the northeasterly 50 feet of Parcel 1 and
within all of Parcels 3 and 4, and public utility easements within Parcels 2 and 4;
and
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
3. That from and after the date that this Resolution is recorded, the subject public
rights-of-way will no longer constitute public service easements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council held on this 13th day of November 2014 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Van G. Tanner, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
Resolution No. 2014-91
EXHIBIT "A"
Legal Description
PARCEL 1
In the City of Palm Desert, County of Riverside, State of California, and being in the
southwest quarter of Section 20, Township 4 South, Range 6 East, S.B.M.,
A portion of Parcel A described in that certain Grant Deed to the County of Riverside,
Recorded July 25, 1985, as Instrument No. 163779, Official Records of said County of
Riverside, described as follows:
Commencing at the southwest corner of said southwest quarter of Section 20;
thence South 89° 59' 23" East along the southerly line of said southwest quarter, also
being the centerline of Dinah Shore Drive, a distance of 66.97 feet;
thence perpendicular to last mentioned course, North 00° 00' 37" East 72.92 feet to an
angle point in the westerly line of the Remainder Parcel of Parcel Map No. 22635 as per
map filed in Book 166, Pages 74 through 79 of Parcel Maps in the office of the County
Recorder of said county, also being an angle point in the westerly line of that certain
parcel of land described in the Grant Deed to the City of Palm Desert recorded May 18,
2005, as Document No. 2005-0396156, Official Records of said County of Riverside;
thence North 00° 00' 42" West along said westerly line of the Remainder Parcel and
along said westerly line of that certain parcel of land described in the Grant Deed per
Document No. 2005-0396156, a distance of 2.11 feet to the beginning of a tangent
curve concave easterly having a radius of 952.89 feet;
thence continuing along said westerly line of the Remainder Parcel and said westerly
line per the Grant Deed of Document No. 2005-0396156, northerly 208.92 feet along
said curve through a central angle of 12° 33' 43" to the easterly line of said Parcel A of
Instrument No. 163779;
thence continuing along said westerly line of the Remainder Parcel, and leaving said
westerly line per the Grant Deed of Document No. 2005-0396156, and on a non-tangent
line from said curve North 20° 17' 05" East 24.62 feet;
thence continuing along said westerly line of the Remainder Parcel North 31° 14' 02"
East 9.04 feet to the easterly line of said parcel of land described per pocument No.
2005-0396156, and to the True Point of Beginning;
thence continuing along said westerly line the following two courses:
1) North 31° 14' 02" East 339.95 feet
Page 1 of 5
Resolution No. 2014-91
2) thence North 35° 30' S3" East 251.12 feet to the southwesterly line of the
Union Pacific Railroad right of way as per deed recorded March 23, 1912, in
Book 347, Page 127 of Deeds, Records of Riverside County, and to the most
northerly corner of said Remainder Parcel;
thence leaving said westerly line North 54° 32' 32" West along said southwesterly line
220.00 feet to the most northerly corner of said Parcel A;
thence South 35° 30' S3" West along the northwesterly line of said Parcel A 208.98 feet;
thence leaving said northwesterly line South 5° 51' 16" West 211.74 feet;
thence parallel with the west line of the southwest quarter of said Section 20, also being
the centerline of Monterey Avenue South 00° 00' 42" East 241.95 feet to said westerly
line of the Remainder Parcel and to the True Point of Beginning.
Containing 2.066 acres, more or less.
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Page 2 of 5
Resolution N0. 2014-91
EXHIBIT "A"
Legal Description
PARCEL 2
In the City of Palm Desert, County of Riverside, State of California, and being in the
southwest quarter of Section 20, Township 4 South, Range 6 East, S.B.M.,
A portion of Parcel A described in that certain Grant Deed to the County of Riverside,
Recorded July 25, 1985, as Instrument No. 163779, Official Records of said County of
Riverside, described as follows:
Beginning at the most easterly corner of said Parcel A, said corner being on the south
line of said southwest quarter of Section 20, and on the centerline of 34th Avenue as
shown in said Grant Deed per Instrument No. 163779;
thence North 89° 59' 23" West along said south line and centerline, and along the south
line of said Parcel A, 535.80 feet to the beginning of a non-tangent curve concave to the
southwest having a radius of 2,050.00 feet, a radial line to said beginning of non-
tangent curve bears North 12° 41' 27" East, and also to the northerly right of way line of
Dinah Shore Drive, 50 feet half width;
thence leaving said south line of the southwest quarter of Section 20, and south line of
Parcel A, and said centerline westerly 143.54 feet along said curve and said northerly
right of way line through a central angle of 4° 00' 43";
thence leaving said northerly right of way line North 38° 04' 50" West 36.10 feet to the
northerly line of said Parcel A;
thence South 89° 59' 23" East along said northerly line 260.04 feet to the beginning of a
curve concave to the southwest having a radius of 1,780.00 feet;
thence continuing along said northerly line easterly 443.64 feet along said curve through
a central angle of 14° 16' 49" to the Point of Beginning.
Containing 0.63 acres, more or less.
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Resolution N0. 2014-91
EXHIBIT "A"
Legal Description
PARCEL 3
Being a portion of the Southwest quarter of Section 20, Township 4 South, Range 6 East, San
Bernardino Meridian, more particularly described as follows:
COMMENCING at the Southwest corner of said Section 20;
THENCE along the South line of Section 20, South 89'S9'40" East 1,559.92 feet to a point on the
South line of the Union Pacific Railroad right-of-way to the TRUE POINT OF BEGINNING.
THENCE along said right-of-way line North 54°32'31" West, 41.06 feet;
THENCE South 22'24'32" West, 25.75 feet, to a point on the South line of Section 20;
THENCE South 89�59'40" East, 43.27 feet to the TRUE POINT OF BEGINNING.
Containing 0.012 acres, more or less.
Page 4 of 5
Resolution No. 2014-91
EXHIBIT "A"
Legal Description
PARCEL 4
A portion of Lot D of Parcel Map No. 22635, in the City of Palm Desert, County of
Riverside, State of California, as per map filed in Book 166, Pages 74 through 79 of
Parcel maps in the office of the County Records of said County, described as follows:
Beginning at the most easterly corner of said Lot D, said corner being on the
southwesterly line of the Union Pacific Railroad right of way per Deed recorded March
23, 1912, in Book 347, Page 127 of Deeds, Records of Riverside County;
thence South 35° 30' 53" West along the southeasterly line of said Lot D 50.00 feet to
the most southerly corner of said Lot D;
thence North 54° 32' 32" West along the southwesterly line of said Lot D 90.49 feet;
thence North 5° 51' 16" East 57.51 feet to said southwesterly right of way line;
thence South 54° 32' 32" East along said southwesterly right of way line 118.94 feet to
the Point of Beginning.
Containing 0.12 acres, more or less.
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Page 5 of 5
Recorded at request of and return to:
County of Riverside
P.O. Box 1180
Riverside, California 92502-1180
Attn: Real Estate Division
with a copy to:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attn: City Clerk
FREE RECORDING
This instrument is for the benefit of
the County of Riverside, and is entitled
to be recorded without fee
(Govt Code 6103)
Project: Monterey Surplus (SPACE ABOVE FOR RECORDER'S USE ONLY)
APN: 694-060-008, 694-060-009, and Por. of 694-060-005
Resolution No. 2014-91
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledge,
The City of Palm Desert, a municipal corporation, do(es) hereby REMISE, RELEASE,
AND FOREVER QUITCLAIM to the COUNTY OF RIVERSIDE, a political subdivision of
the State of California, organized and existing under, and by virtue of the State of
California, all that real property situated in the City of Palm Desert, County of Riverside,
State of California, described as:
See Exhibit "A" attached hereto and made a part hereof, EXCEPTING
THEREFROM AND RETAINING unto the City of Palm Desert an easement
for drainage channel maintenance access purposes and all other easements
existing of record.
CITY OF PALM DESERT, a municipal
corporation
Date: By:
Van G. Tanner
Its: Mayor
NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
On , 2014, before me, , a Notary
Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT "A"
Legal Description
In the City of Palm Desert, County of Riverside, State of Catifornia, and being in the
north half of Section 20, Township 4 South, Range 6 East, S.B.M.,
A portion of Parcel "C" of Certificate of Compliance, Waiver of Parcel Map P.M.W. 04-
20, Recorded November 8, 2004, as Document No. 2004-0887571, Official Records of
said County of Riverside, described as follows:
Beginning at the most westerly corner of said Parcel "C", said corner being on the
northerly right of way line of Dinah Shore Drive, 50 feet half right of way;
thence South 89° 59' 23" East along the northerly line of said Parcel "C" 808.24 feet to
the northeast corner of said Parcel "C" and to the southwesterly line of the Union Pacific
Railroad right of way, as per deed recorded March 23, 1912, in Book 347, Page 127 of
Deeds, Records of Riverside County;
thence South 54° 32' 32" East along said southwesterly right of way line and the
northeasterly line of said Parcel "C" 86.22 feet to a line parallel with and 50.00 feet
south, measured at right angles, of said northerly line of Parcel "C";
thence leaving said southwesterly line and said northeasterly line North 89° 59' 23"
West along said parallel line and the southerly line of said Parcel "C" 696.02 feet to said
northerly right of way line of Dinah Shore Drive, and to the beginning of a non-tangent
curve concave to the southwest having a radius of 2,050.00 feet, a radial line through
said beginning of non-tangent curve bears North 17° 58' 49" East;
thence northwesterly 189.25 feet along said curve and along said northerly right of way
line through a central angle of 05° 17' 22" to the Point of Beginning.
Containing 0.857 acres, more or less.
Subject to all covenants, rights, rights of ways, and easements of record, if any.
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