HomeMy WebLinkAbout3/21/2007 - STAFF REPORTS - 1.C. �°f 4 a`M SpR
.y
u
c
k
�xxnxa.xn n
CITY COUNCIL STAFF REPORT
March 21, 2007 PUBLIC HEARING
Subject: VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT
WITHIN LOTS 1 AND 2 OF TRACT MAP 32233-1, RECORDED IN
BOOK 381 OF MAPS, PAGE 59-67, INCLUSIVE, IN SECTION 18,
TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 06-039.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Streets & Highways Code of the State of California requires that the City
hold a Public Hearing to discuss and review any vacation of public utility
easements. After consideration of testimony received at the Public Hearing, the
City Council can consider denial or approval of the requested easement vacation.
This will reduce the width of the existing easement from 10 feet to 5 feet.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING A
PORTION OF PUBLIC UTILITY EASEMENT WITHIN LOTS 1 AND 2 OF
TRACT MAP 32233-1, RECORDED IN BOOK 381 OF MAPS, PAGE 59-67,
INCLUSIVE, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST;
FILE R 06-039" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On November 15, 2006, staff received an application from Standard Pacific of
Coachella Valley to vacate a portion of a Public Utility Easement (P.U.E.) within
Lots 1 and 2 of Tract 32233-1, recorded in Book 381 of Maps, Page 59-67,
inclusive. The owner wishes to vacate 5 feet of the 10 foot wide P.U.E. within
Lots 1 and 2. Staff reviewed the easement. There is only 1 utility making use of
it. No other utilities will ever need it; therefore 5 feet is a sufficient width. This
P.U.E. is the subject of the Public Hearing. Previously, the City Council
approved said Tract Map 32233-1, known as "Escena", which included the 10
foot wide P.U.E. within the development.
ITEM NO.
TRACT 32233-1 P.U.E VACATION
March 21, 2007
Page 2
Staff forwarded the requested right-cf-way vacation information to the City Clerk,
and pursuant to Section 8320 of the Streets & Highways Code, the City Clerk
administratively scheduled a public hearing for March 21, 2007, to hear all
persons interested in or objecting to the easement vacation.
Notices of the proposed easement vacation have been posted within the vacation
area, published in the local newspaper, and mailed to all public utility companies.
City staff coordinated with the public utility companies and determined that the
Desert Water Agency has facilities within this easement. The owner granted a
perpetual easement to the Desert Water Agency for their facilities over the
adjacent 5 feet within lots "F" through "O" as shown within Document 2006-
0098194, Recorded February 8, 2006, which affects Lots 1 and 2 of this
Resolution.
Staff recommends that the City Council adopt the attached Resolution, which will
vacate 5 feet of the 10 foot wide Public Utility Easement within Lots 1 and 2 of
Tract Map 32233-1, recorded in Book 381 of Maps, page 59-67, inclusive.
FISCAL IMPACT: Finance Director Review:
None.
,i
David J. Barakian Thomas J. Wiloh
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City ager
ATTACHMENTS:
1. Vicinity Map
2. Resolution
3. Exhibits "A" and "B"
i
�Nr-R rg ST
z r a
2 �
w }�} O
U t
G U
VISTA CHINO
CLUBHOUSE PROJECT
c� VIEW DRIVE SITE
tiF p
TAHQUITZ ALCALA WAY
CANYON WAY
J m a
ESPLANADE LN.
o OGrI'i>'fsG3G�]L-lu'UOO UvJGId �
RAMON ROAD
z U
Z
U` J
a 5y
N p
� W
5 4 Rer
VICINITY MAP
0 C5 5 N.T.S.
HWY 111
DATE: 10-30-2006
CITY OF PALM SPRINGS
v PUBLIC WORKS & ENGINEERING 7N7
* DEPARTMENT ASST.ASST- pn CITY ENdNGI aFxme xae P.LS
VACATION OF PUBLIC UTILITY EASEMENTS DEMON BY. FILE NO.:
LEGAL DESMiKiON; B.M. S SHOWN
PUBLIC UTITUY EASEMENTS ON LOT 1 AND 2 OF TRACT MAP NO. 32233-1 IN THE piE Y: W.O. f g1
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN
ON THE MAP RECORDED INBOOK 381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE. •M• 1 OF
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, VACATING
A PORTION OF A PUBLIC UTILITY EASEMENT
WITHIN LOTS 1 AND 2 OF TRACT MAP 32233-1,
RECORDED IN BOOK 381 OF MAPS, PAGE 59-67,
INCLUSIVE, IN SECTION 18, TOWNSHIP 4 SOUTH,
RANGE 5 EAST; FILE R 06-039
WHEREAS, the City Council of the City of Palm Springs, California, is authorized
by Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of
California (the "statute"), to vacate and close to public utilities use easements
dedicated for public utilities, or parts thereof, within the limits of the City; and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk
administratively set a public hearing for March 21, 2007, for City Council
consideration of vacating and closing a portion of a Public Utility Easement
(P.U.E.) within Lots 1 and 2 of said Tract Map 32233-1; and
WHEREAS, the City Clerk did cause to be published a notice of the public
hearing, and did cause to be posted notices of vacation along the line of the
subject P.U.E., as required by the statute, and
WHEREAS, the City Council did hold a public hearing as required by the statute,
and has considered all evidence submitted concerning the portions of the P.U.E.
within Lots 1 and 2 of said Tract Map 32233-1, being the vacated area described
and shown on Exhibits "A" and "B" attached hereto and made a part hereof, and
the need therefore for present and prospective public utility use.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find that a portion of P.U.E. within
Lots 1 and 2 of said Tract Map 32233-1 is unnecessary for present or
prospective public utility use.
Section 2. Subject to Section 3, the City Council does hereby vacate and
abandon all the City's right, title and interest in the portion of P.U.E. within Lots 1
and 2, as the vacated area is described and shown on Exhibits "A" and "B",
attached hereto and made a part hereof.
Section 3. The Desert Water Agency has reserved the adjacent 5 feet of the
10 foot wide P.U.E. for their facilities within Lots 1 and 2 of said Tract Map
32233-1 per Document## 2006-0098194, Recorded February 8, 2006.
Resolution No.
Page 2
Section 4. The City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by him under the seal of the City, to be recorded in the
Office of the County Recorder of Riverside County.
ADOPTED this uth day of , 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on March 21,
2007, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT dA99
LEGAL DESCRIPTION FOR VACATION OF
A PORTION OF PUBLIC UTILITY EASEMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
BEING A PORTION OF THE 10-FOOT WIDE PUBLIC UTILITY EASEMENT ON LOTS I
AND 2 OF TRACT MAP NO. 32233-I AS SHOWN ON THE MAP RECORDED IN BOOT{
381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE, LN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY AND SOUTHWESTERLY 5.00 FEET OF SAID LOT I AND THE
SOUTHWESTERLY AND NORTHWESTERLY 5 00 FEET OF SAID LOT 2.
CONTAINING AN AREA OF 2,022 SQUARE FEET MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B' ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
,IAN AMS, R.C.E. 21687
0 30-2007
i
i
QROFESS/p�y
�Qrc�P�A.ADYl
c
� x
NO- 21687 s
* ExP.09/30107 �.
CIVIC F��P
OF CAIIFD
I
r~%%
II w
EXHIBIT "B"
TRACT MAP No- 32233-1
N89'18'54'E M.B. 381/59-67
229.46'
-300.D0'
N69'18'54"E
273g'
229.46'
R�27200'
4427*27;39• $
Cr ti
N47� 1 T J6'
� h Ng3y3,4'
40
_`� m
y4C4� •� Rp?DSO bB $93,
_ !�, ys7YxK4 44la
_=z6�
po
429
G
C
9
c
u
i I
EASEMENT NOTES: j
LEGEND QP.U.E TO REMAIN
— — INDICATES EASEMENT LINE
DATE: 01-29-07 (R) INDICATES RADIAL BEARING ®P.U•E. TO BE VACATED
X 05-OBOR
VACA110N of PUBLIC UT1UTY EASEMENTS DMON BY: SCALE ME ND_
LEGAL DESCRIPTION: B.M. AS SHOWN R06-039
PUBLIC UTITUY EASEMENTS ON LOT 1 AND 2 OF TRACT MAP NO. 32233-1 IN THE CHECKED BY. W.O. f SHEEt NO.:
CITY OF PALM SPRNGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOVM A.M. 1 OF 1
ON THE MAP RECORDED IN BOOK 381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, in accordance with Chapter 3, Part 3, Division 9, of the California Streets and
Highways Code, will hold a Public Hearing to consider vacating a portion of a public
utility easement located within Lots 1 and 2 of Tract Map 32233-1, Book 381 of Maps,
Pages 59-67, inclusive, more particularly described and shown on Exhibits "A" and "B",
attached hereto and made a part hereof, all in Section 18, Township 4 South, Range 5
East; City File R 06-039; an application made through the City of Palm Springs.
A Public Hearing to consider vacation of the subject public utility easement shall be held
on March 21, 2007. The City Council meeting begins at 6:00 P.M. in the City Council
Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at
the Public Hearing and/or in writing before the hearing. Written comments may be made
to the City Council of the City of Palm Springs by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
If any individual or group challenges the proposed easement vacation action in court,
issues raised may be limited to only those issues raised at the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case may be directed to Marcus Fuller, Assistant Director of
Public Works/Assistant City Engineer, Department of Public Works and Engineering,
(760) 323 8253, ext. 8744.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253, ext. 8742.
es Thompson
ity Clerk
C{ F
c
EXHIBIT"A"
f LEGAL DESCRIPTION FOR'VACATION OF
A PORTION OF PUBLIC UTILITY EASEMENT
G THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF PALM SPRINGS,
j COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
BEING A PORTION OF THE 10-FOOT WIDE PUBLIC UTILITY EASEMENT ON LOTS 1
AND 2 OF TRACT MAP NO. 32233-1 AS SHOWN ON THE MAP RECORDED IN BOOK
381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE,IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS_
THE SOUMEASTERLY AND SOUTHWESTERLY 5.00 FEET OF SAID LOT I AND TIE
SOUTHWESTERLY AND NORTHWESTERLY 5.00 FEET OF SAID LOT 2.
CONTAU41NG AN AREA OF 2,022 SQUARE FEET MORE OR LESS.
I
.ALL AS SHOWN ON E BIT `B' ATTACHED HERETO AND BY THIS REFERENCE {
MADE A PART HEREOF.
I
Ii
I
JAN AMS, R.C.E. 21687 R
.0 30-2007
QROFESS/Q,y �i
P.AD,q 'l�
i
NO.21687
* FM 00/30/07 �.
sT civil-
CAS-1F0
I
7
EXHIBIT "B"
MAP NO.
N8998'5,rE TRACT M.D. 3BI/5936733-1 it
229.46'
R-30D.00, m
N8978'5CE �2i�73y� La f
R-272AD' r
�2i1739. h
Nop�r�, c�7� b
�� f r.S6 a. t C
Puy ;6
V, k
76 BE S'A I've, h ro
t-=
9s33- Vq�rC� �
� tw
areb, _.. :.
i
� f
i
0 9 I
u7 E
n � i
EASEMENT NOTES:
f
LEGEND
0
--- INDICATES EASEMENT LINE
JN: OS-O8OR P•U.E TO REAfAIN
DATE (R) INDICATES RADIAL BEARING P.U.E TO BE VACATED
BOR
VACATION OF PUBLIC UTILITY EASEMENTS DESIGN gm SCAM ME
LEGAL DESCRIP17ON: B.M. AS SHOWN R06-039
PUBLIC UTTRIY EASE Amm ON LOT 1 AND 2 OF TRACT MAP NO. 32233-1 IN THE CHECKEDan ma I SHEET Na: f
CITY OF PALM SPRINGS, COUNTY OF RIVERSIM STATE OF CALiFORNIA AS SHOWN
ON THE MAP RECORDED IN 900K 381 OF MAPS, PACES 59 THROUGH 67 INCLUSIVE. A.M. 1 OF 1 H
h
City of Palm Springs
3200 E. Tahquitz Canyon Way Engineeringr Departmentlic �
Palm Springs, CA 92263
Memo
To: James Thompson, City Clerk
From: Felipe Primera, Engineering Assistant
Date: 03/16/07
Re: R-06-039 Affidavit of Posting Notices
Please find attached, an Affidavit of Posting Notices for your records for a Notice of
Public Hearing for the partial Vacation of a Public Utility Easement scheduled for
March 21, 2007. If you have any Questions, please call me at extension 8742.
Thank you,
elipe Prim era, Engineering Assistant
City of Palm Springs Engineering Dept.
(760) 323-8253 X8742.
t
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing (File No. R 06-039),for the vacation of
that portion of a public utility easement as shown on Lots 1 and 2 of Tract Map 32233-1,
Book 381 of Maps, Pages 59-67, inclusive, as described in Exhibit "A" and shown in
Exhibit "B" (attached), was posted in three (3) locations (as indicated on Exhibit "B"), on
the 7th day of March, 2007. A copy of said notice is attached hereto.
2W,IL
David J. Barakian
Director of Public Works/City Engineer
Department of Public Works & Engineering
City of Palm Springs
California
EXHII3IT "A"
LEGAL DESCRIPTION FOR VACATION OF
A PORTION OF PUBLIC UTILITY EASEMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
BEING A PORTION OF THE 10-FOOT WIDE PUBLIC UTILITY EASEMENT ON LOTS I
AND 2 OP TRACT MAP NO. 32233-1 AS SHOWN ON THE MAP RECORDED IN BOOT
381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE, IN TEL OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRf13ED AS FOLLOWS:
THE SOUTI-IEASTERLY AND SOUTHWESTERLY 5.00 FEET OF SAID LOT I AND TITU
SOUTHWESTERLY AND NORTHWESTERLY 5.00 FEET OF SAID LOT 2.
CONTAINING AN AREA OF 2,022 SQUARE FEET MORE OR LESS.
ALL AS SHOWN ON EXHJBIT `B' ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
TAV30-2007i
87
0 i
i
I
i
pRpFESS/pN I
P ADq�s F?
No. 21687 m
* Exp.09/30/07
(p CIVI\. P��P
CAL\Fp
I
EXHIBIT "B"
TRACT MAP ND. 32233-1
N8918 54'E M-B. 381/59-67
229.46'
=30p.00' w d�
Nag
'IS'54'E �,
229,46' N �r�,T
Ry272.00'
4f27"IP3g.
KC
or P.0
V ry S
S/ �'.5.' •'�,' N g • Ts�s N637a2�7Y C� "J /
n a+ 2 Qr`p
N?s a f 70 6 S a n� 4)
N63- A�Ebb
ry R
so,
... _ �f �sl N?s �Luls
lb
_ CoT >....:.
� I
s
LO
fpps �/ r
EASEMENT NOTES:
LEGEND
P_U.E 70 REMAIN
— INDICATES EASEMENT LINE
DATE D7 (R) INDICATES RADIAL BEARING P.U.E. TO BE VACATED
JN: 05-08OR 08DR
VACATION OF PUBLIC UTILITY EASEMENTS M5'GN BY: FM NO.:
LEGAL DESCRIPTION: B.M. A$ SHOWN R06-039
PUBLIC U1TNY EASEMENTS ON LOT 1 AND 2 OF TRACT MAP NO. 32233-1 IN THE CHECKED UP W.a A SHEET NO,:
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA AS SHORN A.M. 1 OF 1
ON THE MAP RECORDED IN BOOK 381 OF MAPS, PAGES 59 THROUGH 67 INCLUSIVE
PROOF OF PUBLICATION T11ir-o' afi95 if cm
(2015.5.C.C.P) NOTICE CITY COUNCIL
OF PUBLIC HEARING
CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the City Council
CT the Cittyy of Palm Springs, California in accor-
dance with Chaptcr 3. Part 3, Olvlslon 9, of the
California Streets and Highways Code,will hold a
Public Hewing to consider vacatingg a portion of a
public utility easement lapatod within LcL. 1 and.
2 of Tract KAso 32233-1 Book 381 of Maps,Pag-
as 56.67, inclusive, more ppsrticularly described
and shown on Exhibits 'A" and B , attached
hereto and made a part hereof,all in Section 18,
STATE OF CALIFORNIA Township 4 South Range 5 East, City FIle R
06-032; an application made through thu City at
County of Riverside Palm Springs.
EXHIBIT"A"
LEGAL DESCRIPTION FOR VACATION OF
A PORTION OF PUBLIC UTILITY EASEMENT
The Land Referred to heroin Is aftliod in the City
of Palm Springs County of Riverside, Statc-QF
CallTcrinia.
I am a citizen of the United States and a resident of Being a portion Hof-the-10•foet wide public utility
the Count aforesaid;I am over the a c of eighteen easement-on lots 1 and 2-of Tract Map Nor
y g g 32231 as shown on the Map recorded In Book
years,and not a party to or interested in the 361 of Mapes, Page 59 througgh 67 Inclusive In
the office of the County Rocardor oT said County
above-entitled matter.I am the principal clerk of a described as follows:
printer of the,DESERT SUN PUBLISHING The SOLI f ca*1orly and Southwesterly 5.Co feet of
COM PANY a newspaper of general circulation, said
5.ot feetIan ofthe
old Lot 2 sterly and Npftnwost-
printed and published in the city of Palm Springs, Containing an area of 2,022 Squarc Feat more Cr
County of Riverside,and which newspaper has been lessr
adjudged a newspaper of general circulation by the All as shown on Exhibit "B" attached hereto and
Superior Court of the County of Riverside,State of by thi.:reference made a pare thereof.
California under the date of March 24, 1983.Case /s/Jan A.Adams,2116/07
R C.C. 21667
Number 191236; that the notice,of which the Exp. 09.30 2007
annexed is a printed copy(Set in type not smaller otter
than non Parisi,has been published in each regular
and entire iSSuc of said newspaper and not in any
supplement thereof m)the following data,to wit: jy - -'�40^T•�,_ ,
March6"' 13"' 2007 t\ •'�7 'a� ����7
All In the year 2007 1 ,
�.
I certify(or declare)under penalty at perjury that the II.
Foregoing Is true and correct. - - -
Dated at Palm Springs,California this—13"' day A Public Hearing to consider vacation of the.sub-
>— Y Iocl;iubhc uhhly oasemeln shall be held on March
21,2007.-Thc Clty Council meeting begqine at 6 00
•P.M.In the C Council Chamber el Ct Hall,lo-
of --March -- ---------,7007 Cated at 3200 E. Tahqultz Canyon Way, Palm
Springs, California.
-' - COMMENT ON THIS APPLICATION:the anso
- to thin notice can ri made verbally at the Public
Hearing and/or in writing bca t+the hearing- unit
Wrlt-
an comments may be made to the.city Council
_-_.-- ------------ cT the Clry ry)Palm Springs by latter (far mail or
-•__ _ _- ign tore hand delivery)to:
James Thompson City Clark
,-•�• f f7 - $200 C,T3hquitz 6anyyon Way
"I Palm Springs, CA 92262
If any ridividual or group challenges the proposed
-'1 easement vacation action in court, issues raised
r� may be limited to onlyy those issues raised at The
Pdbllo Hearin described In the notice or In writ-
- C -, ten wrrespondonce submitted at, or prior to the
C� City Council Hearing
An appartuncy will toe given at said hearing for all
Interested pecans to bu heard.questions regard_
�1 Ing this case may be dircptod to Marcus Fullelrv,
E gineer, Ueecior of partmunt ofblic Puolll/c WorkslandtEngf-
Ai•L�I . ' leering, (760) 323-8253, exc 8744.
SI necesita ayuda con esta Carta,parlavor llama a
I c Ciudad de Palm Spring yy ppuede habiar con
Felipe Primera telofonp(7GO1 828-8253,ext.8p742.
Jump..Ci Clark
Publfahed,_3/6, 3/13/2,Q07.—