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Home My WebLink AboutRes 2014-77 - Vacate Sun Lodge Ln - CVWD for Pipeline Svcs CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2014- 77 VACATING EXCESS PUBLIC RIGHT-OF-WAY KNOWN AS SUN LODGE LANE, AND GRANTING AN EASEMENT TO COACHELLA VALLEY WATER DISTRICT FOR PIPELINE PURPOSES (SANITARY SEWER) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: September 11, 2014 CONTENTS: Resolution Sun Lodge Lane Vacation Exhibits "A and "B" Grant of Easement Vicinity Map Recommendation By Minute Motion: 1. Adopt Resolution 2014- 7� vacating excess public right-of- way known as Sun Lodge Lane; and 2. Grant an easement to Coachella Valley Water District (CVWD) for pipeline purposes (sanitary sewer). Backqround San Pablo Avenue between EI Paseo and Highway 111 was called Sun Lodge Lane until sometime prior to 1977. It had a straight through connection to a frontage road along Highway 111 as well as the current day curved section access to Highway 111. In other words, Sun Lodge Lane resembled a "Y." In 1985, the straight portion, also being the subject portion of Sun Lodge Lane, was blocked off when the frontage road was eliminated under the Superblock Project. This subject portion of old Sun Lodge Lane is located within the parking lot area of the shopping complex known as EI Paseo Square. The owner of EI Paseo Square has requested that this excess portion of right-of-way be vacated including any public utility rights attached to this right-of-way. Because CVWD has an existing sanitary sewer located within the area to be vacated, they have requested that the City convey an easement to them for the sewer before the right-of-way is vacated. The other utility companies have indicated that this vacation Resolution N0. 2014-77 Staff Report Vacate Sun Lodge Lane Public Right-of-Way Page 2 of 3 September 11, 2014 does not affect them, or they were not responsive to the City's request for comments. There are no apparent utility facilities within the area to be vacated except for CVWD's sewer. The subject public right-of-way is considered excess because it has not been used for its dedicated or acquired purpose and has been impassable for vehicular travel since the south Highway 111 frontage road was removed more than 28 consecutive years ago. Additionally, no public money has been used for maintenance within this area for more than 15 years. Therefore, this particular case 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. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: ^ Depa e H ad: ,' � � / . 1 � . Page Garner,�L.S. Mark re wood, P. ., Senior Engineer/City Surveyor Direct r o Public Works Paul S. ibson, Director of Finance CTTY COUNCIL ACTION APPROVF.D � ni+.NiF.D A roval: RECEIVED OTHER �� _�,p• NO• �.O 14 -"1"7 MF,ETING DATE �q�' L I-�O ly- AVFs: �son,N�-n�k,�a'�I, (.�r; ►arx�e.�- J M. Wohlmuth, City Manager NOF.s: 1�bn� AI3SENT: NOP�� b ABSTAIN: VERIFIED BY: Original on File with City Cl k's Of6ce RESOLUTION NO. 2014- �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC RIGHT-OF-WAY KNOWN AS SUN LODGE LANE UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND GRANTING AN EASEMENT TO COACHELLA VALLEY WATER DISTRICT FOR PIPELINE PURPOSES 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 right-of-way described in Exhibits "A" and "B", attached hereto and made a part hereof, is in excess and is unnecessary for present or prospective public purposes and that there are no in-place public facilities within the described area, except a sanitary sewer in which a separate easement is being conveyed to the Coachella Valley Water District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the portion of public right-of-way known as Sun Lodge Lane be vacated as described and as set forth in Exhibits "A" and "B" attached hereto; and 2. That an easement be granted to Coachella Valley Water District for pipeline purposes to provide continued access to their existing sewer line; and 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; and 4. That from and after the date that this Resolution is recorded, the subject portion of public right-of-way will no longer constitute a public service easement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 11th day of September, 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. 2014-77 EXH/Bl T "A " S"�r ' oF ' sra�Er vAcanon► LEGAL D£SCR/P770N OF PORT/ONS OF SUN LODGE LANE TO B£ VAG4T£D: THOSE PORT10N5 OF SUN LODGE LANE (60.DD FEET W/DE), lN THE C/TY OF P�4LA/ DESERT, CDUNTY OF R/VERS/DE, STAT£ OF C�r4L/FORNlA, D£O/G4T£D PER CORPOR4TJON GRA/VT D£ED R£CORD£D NOVFMBER 7, 1977 AS DOCUMENT NO. 2217p�0 AND CORPOR4T/ON GRANT D£ED R£CORD£D NOVEMB£R 23, 1977 AS DOCUMENT NO. 234172, BOTH OF OFF/C/AL R£COROS OF SA/D CDUNTY, BOUND£D SOUTHERLY BY TH£ SOUTHWEST£RLY CONIINUAT/DN OF Tf�d4T CERTA/N CURVFD UN£ D£SCR/BED AND SHOWJV .45 KAt//NG A R40/US OF 30�8.00 FEET .4ND A L£NGTH OF 34.29 F££T /N GR41VT DEED TO TH£ C/7Y OF PALM D£S£RT, R£CORDED ✓UL Y 30, 1998 AS DOCUMENT NO. 315686, OF SA/D OFF/CL4L RECOROS AND BOUND£D NORTHERLY BY Tf�i4T C£RTA/N �AG4TE0 LAND D£SCRIB£O �I/VD SHOWN /N EXH/B/T5 A; A-1; 19" AND "B-1" OF R£SOLUTION NO. 88-5, R£CORDED JANUARY 27, 1988 AS DOCUM£NT ND. 22833, OF SA/D OFF/C/AL RECORDS CONTA/NS.• 7 066 SQUAR£ FEET OR 0.162 ACR£S MORE OR L£5S SURVL�Y'OR: w.c u�oo/�o/�a PR£PARED UND£R TH£ SUP£RNS/ON OF.• ►�:��eee�e�r�w�c��e�v�c.e�.9 PREPARED BY �,y`��. ry��'` o �Q' �``y� •Thienes Engineenng, /nc. �m No. s��o N* • �D � EXP.12 31 13 �. S ��9��Es� �u �ua0 r,�vc � �" /� 9 / / _ �' �um��G��9�3 P. .S. NO. 5750 � c�pF �pL�F�� REG. £XP. D£C. 31, 2013 Resolution No. 2014-77 FXHIBIT "B" S"� ' o� 2 STREET VACATJON PER M.B. 21 / 50-54 H/GHWAY ,,--_� 177 o ' Ls� o �.A,r $ �' ' o S�n�.: ��s f1�� / I � � � � f / � � -- 7_ �_ __ __ _ N ( � Z ��"'_ � �— - � - - -- - -� �' WEST UNE � a '`, L1 � �,' OF PARCEL 1 W W � .�ti� ! � ; W � '~' sQ,'Q � � Z � 5 �°;,, ' � 9' .� � � � OQ � � � .� � 6 30 G�v�� v� / p 0 � � Z � P� V� � � m- , m � �� " 3� �QP � ti� I z �- a / 3S. / ��. a � � f 20� PARCEL "A" '`� N G� y�``!, G,�` �r �, \'1' I CfRT1FlC1►TE OF Ct�IPlW10E � I DOC. N0. 2003-439266� O.R. 5 �� ` '(R4p � �t�,� b�`ti � 3 / j ��„ �C''�/ Q�4Q'-Q��' f �e � N 1 `4O1 N V� � i / , Z �' 30, $ � QA,S/S OF BFAR/NGS.• 6 30 r WEST C/N£ OF SUN LODG£ I / UN£ BE/NG N 00'2226' W �ae c�ren�►r£ oF co�uwc� ��RAQ� __ � / OOC. N0. 2003-f39266, O.R. � � 31,p�. /� ' n � ��/� PN[I,GL wB• ' � � /r{./1L.� CERi1FiCATE OF C011PLW�CE Y y DOC. N0. 2003--439266, O.R. ! � SE£ SNEET 2 FOR LINE Ti4BLE5 j � � CURVE TABLES, EASEAI£NT . ` f AND 1/ACA170N NOTL�S: � L£GE71/0.• o I I PREPARED BY.• � 1ND/CATFS PORTION O� l ` suN cooc£ c�wE , , � �Thienes Engineerin , lnc. TO BE VAGATED. ' � ��y�qy�•�p CANTA/AZS 7,1�67 SQ fT. 30' S � 14.3�9 f1RESTON£ BOULEY.IRD D.162 ACRFS f � u �AI� Cuii� 9�78 �. � 35. prt(r��ls2�-�8» �r�7�s,l�2�-�»3 6 ` � �--__. — — — — — — - - PREVIOUS i S�E� �o P.L. � C/L ,Qn �c we��o�/�o�,a j ►�� f, EL PASEO �_ _ � Resolution No. 2014-77 EXHIBI T "B n SHEET 2 OF 2 STREET VACATION EASEMENT AND I/AGATION NOTES• LINE TABLE �j /Np��q� y,qC,q�O R/GHT-OF-WAY PER UNE � LENGTH BEARING a►'f1�B/T5 "A"AND "A-1' OF RESOLUTION NO. B8-5, R£CORD£D JANUARY 27, 1988 L1 30.00' N 89'37'34" E � DOC. NO. 22833, O.R. L2 110.46' S 00'22'26" E Q INDIGATES V.4CATE0 R/GHT-OF-WAY PER EXH/B/TS '$`AND �4-1" Of RESOLUTlON L3 2 i.49' S 51'S5'S0" E N0. 88-5, R£CORDED �lANLG4RY 27, f988 AS DOC. NO. 22833, O.R. L4 308.00' S 53'44'20' E O /NOM4TES FEE GR4NT TO Tf/E C/7Y Of PALM L5 308.00' S 7T33'52" E . D£S£RT ft7R R/GHT-OF-Wi4Y PURPOSES PER ORDINANC£ NO. 738, RECORDED �� 5.85' S 00'22'26` E ✓ULY 30, 1998 AS' DOC. NO. J15686, O.R. L7 308.00' S 4T21'37" E O !ND/CATES FEE GRANT TO PALM DESERT R£DEVFLOPMENT AG£NCY P£R CORPOR4TlON t-8 0.07' S 00'22'26" E GRANT D£ED, RECORD£D NOI/EMBER 7, 1977 AS DOIG NO. ?21699, O.R. L9 4.84' ; N 89'48'S0" E PORTIDNS Tt� BE I/AC�4TED.• CURVE TABLE � O /ND/G4T£S £AS£MENT FOR RAAD AND PUBUC y� DELTA RAQIUS l.ENGTH ��' �'URPOS£S CRANTFD Tt7 THE C/T?' OF PALM D£S£RT, RECORDED NOVFMB£R 7, 1977 C1 23'49'32" 308.00' 128.08' � � NO. ZZ1700, O.R. C2 51'33'24" 4.00' 3.60' O �ND/CATES .30' WIDE FEE DEOlCAT/ON TO THE C/7Y OF P,4LA�I DESERT, PER 'CORPOR4T/ON C3 0522'43" 308.00' 34.29' GRANT DEED; RECORDED NOVFMBER 23, 1977 _ AS DOC. NO. 234172, O.R. C4 34'24'O6" 209.50' 125.79' SURI/EYOR.• ta.c upeoc.:oe/�o/�a VREPAR£D UNO£R TN£ SUPERVdSlON OF.• �:��eae��mw►c��e_vac� �pl lAlyp� PREP,4RE0 BY o�� • ry� � y �c �Thienes Engineering, /nc. # � No. s�o � * � CJ1�AL fAKalIV£EIPMIC•(NIOD SURVFYING ' �'I� 1 EXP.12/31/13 l� ��A'�t G�[�riINE �9�.T�� B N L.• TN/EN QATE �9 Q�� a�(»s,1s2i-+e» ��,tsZ�-�n3 P.L.S. NO. 5750 �c�'��-�A`�0 R£G. EXP. DEC. 31, 201,3 No Ra�rrding Fees Required Per C3mrornment Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Officx Box 1058 Coachella,California 92236 APN:N/A Road (Space above this line is for Recorders use) FILE:0651.5 TRA:N/A 0655. GRANT OF EASEMENT/PIPELINE(S) FOR VALUABLE CONSIDERATION�the receipt of which is hereby acknowledged,by the CITY OF PALM DBSERT,a municipal corporation,heroinafter referred to as the"Grantor"does hereby grant to COACHSLLA VALLLY WA7'ER D1S'I'RICT.a public agency of the State of Califomia"Granta"�and its successors and assigns,a perpetual,nonexclusive easemeM and right-of-way to ir�stall,construct,entarge,swvey,reconstcuct, reraove and replace,operate�maintain.repair.improve and relocete underground pipeline(s).which pipeline(s) may be installed at different times,and over a period of time,and necessaty devices and appurbenances thereto in, on,ovar,under,along and acroas that certain real property in the CouMy of Riverside�State of California, described in F.ihibit"A"and depicted in E=6ibit"B"attached hereto and by reference made a part hereof. The foregoing easement includes the reasonable right of access to and from said easement for the purpose of exercising the rights granted herein. Said pipeline(s)and every part thereof shall,where it crosses Qrantor's land.be confined to lands 'be�and shail be cor�shu�cnad by l�ranUee witb sufq'icier�t ground cover(i.e.,diseanoe betw�etn ground surface and top of such pipeline(s))as shown on the construction plans for such pipetine(s). Notwithgtanding the foregoing,the ground cova sbatl nat be changod by Grantor wNwut prior written coosent by(3rentee at Cuantx's sole and absolute discr�ion. Fixtures and appurtensaoes used or useful in the ope�tion of said pipeline(s)may be oonstn�cied any distance below ground or at ground surfaoe level. Seid appurtenarx�es shaU not interfer�with CiraMor's use. The Grant of Fasennent here'sn contained shall include the right to enter said premises.w survey.oonsduct, reconstnxx,lay,relay,mairrtain,operate,cor�ol.use ar�d remove said pipeline(s)�fixtures.appurtertar�ces,and to remove objects inte�fering with the oonstruction,operation end maurtenance thereof. T'6e C3rant,or reserves the right to occupy and us�said premises for nny purpose nat inoonsistent with the rights and privileges above granted and which wili not interfere with or endanger said pipeline(s),fixtures and appurtenat�exs or the use thereof. The Gcantee shaU use due care in the constn►ction,operadon and maintenance of said pipeliree(s),fuctures and appurtenences. GRANTOR(S) CITY OF PALM DESERT Date By Van G. Tanner, Mayor Dace_ _ li�C City of Palm Desert 73510 Fred Waring Drive �m.��i»�.e�as� Palm Desert. CA 92260 ��+r� c�, c�� a�.rro.oso62a3-oa i ENO RW-004 EXHIBIT"A" SEWER PIPELINE(S)EASEMENT CITY OF PALM DESERT iIV THE CI7'Y OF PALM DESERT,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,BEING A PORTION OF THAT REAL PROPERTY DESCRIBED IN CORPORATION GRANT DEED RECORDED NOVEMBER 23, 1977 AS INSTRUMENT NO.234172,OFFiCIAL RECORDS OF SA1D COUNTY AND STATE,LOCATED iN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 5 SOUTH,RANGE 6 EAST,SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.9123 AS FILED IN BOOK 42 OF PARCEL MAPS,AT PAGE 24,RECORDS OF RNERSIDE COUNTY; THENCE SOUTH 0°22'24"EAST�ALONG THE WEST LINE OF SAID PARCEL 1,A DISTANCE OF 12.00 FEET TO THE SOUTHBRLY RIGHT-0E-WAY L1NE OF HIGHWAY 1 l 1 AS SHOWN ON THE MAP OF PALM DESERT AS FILED IN BOOK 21 OF MAPS,AT PAGES 50 THROUGH 54, INCLUSNE,RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 89°15'SO"WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF S.OI FEET TO THE NORTHEAST CORNER OF THAT REAL PROPERTY DESCRIBED IN EXHIBIT"A"AND DEPICTED ON EXHIBIT"A-1"IN RESOLU'TION NO. 88-5 RECORDED JANUARY 27, 1988 AS INSTRUMENT NO.22833,OFFICIAL RECORDS OF RNERSIDE COLTNTY; THENCE SOUTH 0°09'S3"EAST,ALONG THE EAST LINE OF'THAT REAL PRUPERTY DESCRIBED M EXHBIT"A"AND DEPICTED ON EXH1BiT"A-1"W SAID RESOLUTION NO. 88-5,A DISTANCE OF 40.79 FEET TO THE SOUTHEAST CORNER OF THAT REAL PROPERTY DESCRIBED IIJ EXHIBIT"A"AND DEPIC'TED ON EXWBIT"A-1"IN SAID RESOLLTT[ON NO. 88-5; THENCE SOUTH 89°50'07"WEST ALONG THE SOUTH LWE OF THAT REAL PROPER'I'Y DESCRIB�D IN EXHBTT"A"AND DEPICTED ON EXHIBTT"A-1"IId SAm RESOLUTION NO. 88-5,A DISTANCE OF 0.49 FEET TO THE POIIVT OF BEGINNING; THENCE LEAVING SAID SOUTH L�IE SOVTN 0°19'19"EAST,A DISTANCE OF 77.20 FEET; THENCE NORTH 89°16'34"WEST,A DISTANCE OF 29.65 FEET TO THE SOUTHEAST CORNER OF A 10.00 FOOT WIDE EASEMENT AS DESCRIBED IIV GRANT OF EASEMENT RECORDED NLY 1, 1974 AS WSTRUMENT NO.81940,OFFICIAL RECORDS OF RNERSmE COLINTY; PAGE 1 OF 2 THENCE NORTH 0°12'10"WEST ALONG THE EAST LINE OF SA1D 10.00 FOOT WIDE EASEMENT DESCRiBED IN INSTRUMENT NO. 81940,OFFICIAL RECORDS OF RIVERSIDE COUNTY,A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°16'34"EAST,A DISTANCE OF 9.62 FEET; THENCE NORTH 0°19'19"WEST,A DISTANCE OF 66.89 FEET TO A POMT IN THE SOUTH LINE OF THAT REAL PROPERTY DESCRIBED IN EXHIBIT"A"AND DEPICTED ON EXHIBIT "A-1"IN AFOREMENTIONED RESOLUTION NO. 88-5; THENCE NORTH 89°50'07"EAST ALONG SAm SOUTH LINE,A DISTANCE OF 20.00 FEET TO THE POINT O�'BEGINNING. CONTAINS 0.04 ACRES(MORE OR LESS). EXHIBIT�B"IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUB]ECT TO ALL COVENANTS,RIGHTS,RIGHTS-0E-WAY AND EASEMENTS OF RECORD. THIS DESCRIP'TION WAS PREPARED BY ME AT THE REQUEST OF THE COACHELLA VALLEY WATER DISTRICT IN DECEMBER,2013. ��' ;,-'� � � 1 BRIAN BADEN DATE �o L"r'� eG � ~ �`� � � � � N0.5877 � � Exp.i2-31-14 � �� ,�p� � ��' CAy'` PAGE20F2 EXHIBIT "B" S"E� , oF ' VACATm S'�TREET R C1TY OF P s,DB3BBT �„0 � •�p NrD DEPICi D ON D(Hi�T 'A-1' �� A �AO�'y�� oF cmr oF Pw� o�s� POC RESOlUTION N0. 88-5 NMI CORNER PARCEL 1 N0. 5871 RECORDED f 27 88 AS PA1 N0. 9f23 PAIB 42/24 � ��2-�-» � INST. N0. 2 , O.R. HIGHWAY 111 �f�l�pF �p�lE�'�� SOUTHERLY R uN� o�_� � �''v i l2 EAST LINE OF � VACATEO STREET R � ——� � OESCRIBED fN D(H 'A' � S011TH tINE OF � AND DEPlCTED ON EXNlBIT "A-1� � � VACATED STREEf R� POB OF CIlY OF PALM DESERT � DESCRIBED tN D(H B�T "A' � RESOLUTION 88-5 � MID DEPICTED ON EXHlBIT 'A-1" � REC�tDED 1�7 86 AS � AppfT10NAL RIGHT Of WAY OF CfTY OF PAtl�l DESERT L10 � INST. N0. 22 , O.R. �✓f'—PER INS7. N0. 31S686 RESOUlT10N N0. 88-5 `�� I REC. 7/30/98, O.R. RECORDED 1/27 8B AS � y 5' � / INST. N0. 22 . O.R. � � �/yy . � 10' YVIDE CVWD SANfTATION � a� ^ VOE�SCRIB �I D(M81T 'A' � � j EASEMENT PER INST. N0. � � � IWD DEPICTED ON D(HIBIT A-1 � 81940, REC. 7/1/74, O.R. OF CtiY OF PALIYt DESERT � �� a RESOlUTION N0. 88-5 -- -- N0.8 940 ST_ � IN5T�22 27. O.R. �� J�� '________ _____ _ J L6 = � �/ / �(/' �.�8 940�` �9,�� / Q / Q �P'R'1.� / ... �� i � J / � EASTERLY L1NE OF � � � tNST. N0. t54823 Q �i� O o REC. 12/12/75, O.R. � � z b� Z / �� PARCEL 1 �'►Ia�k1 � WESTERLY UNE OF QP � �'� t�T. N0. 13250 REC. 1/30/76. O.R,.� INST. NQ. 2 172� / PQB ��IN � •�' REC. 11/23�77. O.R. i 4 Mp1��p ppt�,� p�g� / --�L10 � 8�6-5�, REC. t�UT%N� COURSE DATA �Q� � INST. N0. 22833. O.R. N0. DIRECTION DISTANCE L1 SO'22'24"E 12.00' / "�� WESTERLY UNE OF LZ N69'15'S0`W 5.01' �. �. 13250 itEC. 1/30/76. O.R. L3 Sd'09�53'E 40.79' �4 89'S0'07"W 0.49� � CONTAINS 0.04 ACRES (MORE OR LESS) L5 so��s•�s~E »•20' COACHELLA VALLEY WATER DISTRICT L6 89'16'34"W 29.65' L7 NO'12'10"W 10.00' COACHELLA. CALlFORNIA l8 S89'16�34"E 9.62' L9 NO'19�19'1N 66.89' NE 1/4 OF SW 1/4 OF SECTION 20. 10 N89'S0'07"E 20.00' T.55.. R.6E.. 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