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cq</FORN�P City Council Staff Report
JULY 19, 2006 CONSENT CALENDAR
Subject: ACCEPTANCE OF VARIOUS PUBLIC SEWER EASEMENTS IN THE
PALM SPRINGS COUNTRY CLUB AREA, IN SECTION 1, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-05-022
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The existing sewer system within the Palm Springs Country Club (PSCC) development
area, located north of Verona Road and east of North Farrell Drive, is a privately
maintained sewer system. The various Home Owners Associations within the PSCC
have requested that the City accept the existing sewer system into the City's public
sewer system for maintenance.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING VAROIUS PUBLIC
SEWER EASEMENTS IN THE PALM SPRINGS COUNTRY CLUB AREA, IN
SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and
2) Authorize the City Clerk to prepare the necessary Certificate of Acceptance, and
submit the Grant of Easement and Resolution accepting the offers of dedication
of public sewer easements to the Riverside County Recorder for recordation.
STAFF ANALYSIS:
The Palm Springs Country Club (PSCC) was a development initially planned many
years ago, and is located around one of the City's older golf courses (now closed), north
of Verona Road and east of North Farrell Drive (see Attachment 1). The PSCC
development was constructed in various phases, and includes five recorded maps. The
latest map (Tentative Tract Map 32675), was approved by the City Council on June 1,
2005.
Item No. n .J .
City Council Staff Report
July 19, 2006 -Page 2
Acceptance of Various Public Sewer Easements
During the entitlement review for TTM 32675, staff discovered the fact that portions of
the PSCC development had dedicated public sewers, while other portions did not. Most
importantly, it was discovered that the segment of the sewer system crossing the actual
golf course (and providing physical connection of the PSCC sewer system to the City's
sewer system in Verona Road) had never been dedicated in any manner to the City.
£specifically, staff discovered the following facts:
Tract Map No. 4362 was approved by the City on December 13, 1971; an offer for
dedication for public utility and sewer line purposes was made over Whitewater Club
Drive as shown on the map, but was not accepted by the City. This offer of dedication
would need to be accepted to facilitate the City's maintenance of the PSCC sewer.
Tract Map 4362-1 was approved by the City on June 26, 1974; an offer for dedication
for public utility and sewer line purposes with the right of ingress and egress of service
and emergency vehicles was made over Whitewater Club Drive and Easy Street as
shown on the map, but was not accepted by the City. Previously a separate Grant of
Right-of-Way was dedicated to the City for the same purposes over the same portion of
land, recorded as Document #1061 on January 4, 1972. However, upon recordation of
Tract Map 4362-1, this easement was abandoned by virtue of the fact that its existence
was not noted on the map. The offer of dedication would need to be accepted to
facilitate the City's maintenance of the PSCC sewer.
Tract Map 9317 was approved by the City on June 15, 1977; an offer for dedication for
public utility and sewer line purposes with the right of ingress and egress of service and
emergency vehicles was made over Whitewater Club Drive as shown on the map,
however, only the right of ingress and egress of service and emergency vehicles was
accepted by the City at that time. The offer of dedication for public utility and sewer line
purposes would need to be accepted to facilitate the City's maintenance of the PSCC
sewer.
Tract Map 14029 was approved by the City on February 6, 1980; an offer for dedication
for public utility and sewer line purposes with the right of ingress and egress of service
and emergency vehicles was made over Lot "A" (the north end of Whitewater Club
Drive), and was also accepted by the City on the map.
Tract Map 32675 was approved by the City on May 3, 2006. This map re-subdivided
Tract Map 14029, and abandoned Lot "A" (the north end of Whitewater Club Drive) and
creatednew private streets in a revised layout. An offer of dedication of an easement for
public utility purposes, including sewers, with the right of ingress and egress for service
and emergency vehicles and personnel was made over Lots "A" and "B" of the map;
however, the offer of dedication of the easement for sewer purposes was rejected, as a
result of staffs discovery that the PSCC sewer system was not dedicated to nor
maintained by the City. Included in the Conditions of Approval for Tentative Tract Map
32675 were the following provisions:
City Council Staff Report
July 19, 2006- Page 3
Acceptance of Various Public Sewer Easements
All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA), unless rights are provided to the City to operate and maintain
the entire existing sewer system within the Palm Springs Country Club, including
dedication of a public sewer easement on off-site property. In the event the
sewer system is not accepted by the City for maintenance, provisions for
maintenance of the on-site sewer system acceptable to the City Engineer shall
be included in the Covenants, Conditions and Restrictions (CC&R's) required for
this project.
In the event the entire existing sewer system within the Palm Springs Country
Club is accepted by the City for maintenance, dedicate an easement on the final
map over the on-site private streets for public sewer purposes.
The offer of dedication of an easement for sewer purposes over Lots "A" and "B" would
need to be accepted to facilitate the City's maintenance of the PSCC sewer.
Lastly, staff coordinated with Burnett Development Corporation, the owner of the PSCC
golf course property, to discuss dedication of an easement to the City over the existing
sewer line across the golf course (connecting the PSCC sewer system to the City sewer
system in Verona Road). A separate Grant of Easement (Sanitary Sewer) (see
Attachment 2) has been executed by Burnett Development Corporation, and its
acceptance will complete the transfer of ownership of the PSCC s wer system to the
City.
FISCAL IMPACT: IFinance Director Review: WA ,,T,
Maintenance and repair costs to the PSCC sewer system w 'Id "r16w be the obligation
of the City, which is offset by sewer fees collected throughout the City. No general fund
revenue would be required to maintain the additional sewer system to be maintained by
the City.
David J. Barakian Thomas J. WJI§on
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City a�
ATTACHMENTS:
1. Palm Springs Country Club Map
2. Grant of Easement (Sanitary Sewer)
3. Resolution
ATTACHMENT
PALM SPRINGS COUNTRY CLUB MAP
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ATTACHMENT
GRANT OF EASEMENT (SANITARY SEWER)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Palm Springs
Box 2743
Palm Springs, California 92263 (FOR ar_CORocaS I sL ONLY)
Pursuant to Government Code Section 6103,ties document is being recorded as a bcne0t to the City of Palm Spi rags nntl recmdmg fees shall not apply
GRANT OF EASEMENT
(SANITARY SEWER)
This Grant of Easement is dated as of April 05�,2006. For a valuable consideration,receipt of which
is hereby acknowledged, BURNETT DEVELOPMENT CORPORATION, a California corporation
("Grantor"), hereby grants to the CITY OF PALM SPRINGS,a Municipal corporation("Grantee"),a non-
exclusive easement(the "Sewer Easement") for underground sewers, together with the right to construct,
maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the
real property in the City of Palm Springs,County of Riverside,State of California,more particularly described
on Exhibit"A" and shown on Exhibit"B" attached hereto and made a part hereof(the"EasementArea").
Grantor reserves the right, at Grantor's expense, to relocate the underground sewers and the
Easement Area to another location on the legal parcel within which they are currently located. Such new
location will be determined by Grantor in accordance with sound engineering practices and consistent with
Grantor's intended development and subject to review and approval by the Grantee's Public Works
Department. The relocation of the Easement Area shall take effect immediately upon the occurrence of(i)
construction of new underground sewer facilities within the same legal parcel as the current underground
sewer facilities, servicing the same homeowners as the current underground sewer facilities, and (ii) the
earlier of (A) Grantor's recordation of an Amendment to this Grant of Easement setting forth the new
location of the Easement Area and acceptance by Grantee, (B) dedication and acceptance of new sewer
facilities to Grantee by recorded instrument, or (C) recordation of a final tract map of the residential
development project contemplated by Grantor for the parcel upon which the Easement Area is presently
located and which includes the location of the new undergrounds sewer facilities together with an offer of
dedication and acceptance thereof. Upon relocation of the Easement Area, all easement rights contained
herein with respect to the location identified on Exhibit "A" and Exhibit "B" shall be transferred to the
location to be identified pursuant to(A), (B)or(C) above, and the Easement Area as described and shown
on Exhibit "A" and Exhibit "B" attached hereto shall no longer be burdened by this Grant of Easement.
By acceptance of this Grant of Easement, Grantee covenants and agrees to cooperate with Grantor
and execute such other and further documents and take such other and further actions as may be necessary to
complete any relocation of the Easement Area.
[Remainder of Page Intentionally Left Blank]
[Signature Appears on Following Page]
Page 1 of
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IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of the date first
hereinabove set forth.
"GRANTOR" BURNETT DEVELOPMENT CORPORATION, a California
corporation
By (✓ ,� �
C. Lynn Burnett, President
STATE OF CALIFORNIA )
S.S.
COUNTYOF ���
On l}t�/i i 4 �� ,2006 before me, �!/Vd,}� A'9� iAJ i4,4- 1' Notary
Public, personally appeared C. Lynn Burnett, personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity,and that by his signature on the instrument the persons
or the entity upon behalf of who the person acted, executed the instrument.
WITNESS my hand and official seal.
LINDA M. WILLIAMS
Commission# 137 '�''� `"`"'-7����
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Notary Public - California > Notary° Public
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Page 2 of 2
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EXHIBIT "A"
SEWER EASEMENT
That portion of the Northeast Quarter(NE Y4) of Section 1, Township 4 South, Range 4 East, San
Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, more
particularly described as follows:
Commencing at the East Quarter (E '/4) corner of said Section 1, as shown on the map of Desert
Park Estates No. 8, recorded in Map Book 35, Page 72, records of Riverside County, California;
said East Quarter corner being a point on the northerly line of Lot A of said map, also being the
northerly right-of-way line of"Verona Road", 60 feet wide, as shown on said map;
Thence, along said northerly right-of-way line, South 89°54'00"West, a distance of 109.47 feet, to
the True Point of Beginning;
Thence, leaving said northerly right-of-way line, North 01'20'48" East, a distance of 180.55 feet;
Thence, South 89°54'00" West, a distance of 75.69 feet, to the beginning of a tangent curve,
concave northeasterly, with a radius of 237.50 feet;
Thence, westerly along the length of said curve, a distance of 154.00 feet,through a central angle
of 37"09'04";
Thence, leaving said curve, non-tangent, North 51°56'00" West, a distance of 41.93 feet, to the
beginning of a tangent curve, concave southwesterly, having a radius of 262.50 feet;
Thence, westerly along the length of said curve, a distance of 77.89 feet, through a central angle
of 17°00'00'
Thence, leaving tangent to said curve, North 68°56'00" West, a distance of 21.00 feet, to the
beginning of a tangent curve, concave northeasterly, having a radius of 237.50 feet;
Thence, westerly along the length of said curve, a distance of 70.47 feet, through a central angle
of 17'00'00";
Thence, leaving tangent to said curve, North 51°56'00" West, a distance of 50.00 feet, to the
beginning of a tangent curve, concave southwesterly, having a radius of 282.50 feet;
Thence, westerly along the length of said curve, a distance of 190.77 feet, through a central angle
of 38°41'32", to a point on the easterly boundary of Tract No. 4362, recorded in Map Book 70,
Pages 89-90, records of Riverside County, California, shown as "N 00°53'26" W, 140.00' ";
Thence, along said easterly boundary, South 00°53'26" East, a distance of 15.00 feet, to the
beginning of a non-tangent curve, concave southwesterly, having a radius of 267.50 feet; a radial
bearing to said point bears North 00°36'38" West;
Thence, leaving said easterly boundary, and along the length of said curve, a distance of 180.58
feet, through a central angle of 38"40'38";
Exhibit A
Page 2
Thence, leaving tangent to said curve, South 51'56'00" East, a distance of 50.00 feet, to the
beginning of a tangent curve, concave northeasterly, having a radius of 252.50 feet;
Thence, along the length of said curve, a distance of 74.92 feet, through a central angle of
'17°00'00";
Thence, leaving tangent to said curve, South 68"56'00" East, a distance of 21.00 feet, to the
beginning of a tangent curve, concave southwesterly, having a radius of 247.50 feet;
Thence, along the length of said curve, a distance of 73.43 feet, through a central angle of
17°00'00";
Thence, leaving tangent to said curve, South 51°56'00" East, a distance of 42.07 feet, to the
beginning of a non-tangent curve, concave northeasterly, having a radius of 252.50 feet; a radial
to said point bears South 37'04'54" West;
Thence, along the length of said curve, a distance of 163.86 feet, through a central angle of
37°10'54';
Thence, leaving tangent to said curve, North 89°54'00" East, a distance of 60.31 feet;
Thence, South 01"20'48"West, a distance of 165.55 feet, to a point on said northerly right-of-way
line of"Verona Road", being the northerly line of Lot A of said map of Desert Park Estates No. 8;
Thence, along said northerly right-of-way line, North 89'54'00" East, a distance of 15.00 feet, to
the True Point of Beginning.
Said easement contains approximately 12,705.09 square feet.
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SEWER EASEMENT
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oyo4 PALMSoP CITY OF PALM SPRINGS GRANT OF EASEMENT
y PUBLIC WORKS & ENGINEERING
* „' DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT "A„ 1" = 200' R-05-022
CHECKED BY- W.O. # SHEET NO.:
1 OF ')
EXHIBIT " B "
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LINE DATA 15 16
O DELTA/BEARING LENGTH RADIUS ® O3
T S89'54'00"W 109.47' a
N01'20'48"E 180.55' yA
3� S89'54'00"W 75.69'
® 3T09'04" 154.00' 237.50'
Q N51'56'00"W 41.9S ® I I 0
6 17'( 0'00" 77.89' 262.5C I
Q7 N68.5s'00"W 21.00' I I 1
® 17'00'00" 70.47' 237.50' O
9 N51'56'00"W 50.00'
10 38'41'32 190.77' 282.50' 1
11 S00'5326"E 15.00'
1 38'40'38" 180.58' 267.50' T.P.O.B.
1 S51"56'00"E 50.00' P.O.C.
E% CORNER
14 17'00'00" 74.92' 252.50' SEC. 1, T4S, R4E
15 S68'56'00"E 21.00' o�P4LANI)
16 17'OO'00" 73.43' 247.50' �yy\ �5 L
1� S51"56'00"E 42.07' :a037'10'54" 163.86' 252.50, ° k
19 N89'54'00"E 60.31' OFCA��F
® S01'20'48"E 165.55' T9TF o
1 N89'54'00"E 15.00'
0*"0441FOW""
CITY OF PALM SPRINGS
PUBLIC WORKS & ENGINEERING GRANT OF EASEMENT
DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT "A" 1 1" = 100' R-05-022
CHECKED BY: W.O. # SHEET NO.:
2OF2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING VAROIUS
PUBLIC SEWER EASEMENTS IN THE PALM SPRINGS
COUNTRY CLUB AREA, IN SECTION 1, TOWNSHIP 4
SOUTH, RANGE 4 EAST
WHEREAS, the City Council of the City of Palm Springs, California, approved Tract
IVlap 4362 on December 13, 1971, recorded January 6, 1972, in Map Book 70, Pages
89-90; and Tract Map 4362 included an offer of dedication for public utility and sewer
line purposes with the right of ingress and egress of service and emergency vehicles
over Whitewater Club Drive which was not accepted by the City of Palm Springs; and
WHEREAS, the City Council of the City of Palm Springs, California, approved Tract
Map 4362-1 on June 26, 1974, recorded August 29, 1974, in Map Book 81, Pages 29-
30; and Tract Map 4362-1 included an offer of dedication for public utility and sewer line
purposes with the right of ingress and egress of service and emergency vehicles over
Whitewater Club Drive and Easy Street which was not accepted by the City of Palm
Springs; and
WHEREAS, the City Council of the City of Palm Springs, California, approved Tract
Map 9317 on June 15, 1977, recorded July 15, 1977, in Map Book 91, Pages 44-45;
and Tract Map 9317 included an offer of dedication for public utility and sewer line
purposes with the right of ingress and egress of service and emergency vehicles over
Whitewater Club Drive of which the offer of dedication for sewer line purposes was not
accepted by the City of Palm Springs; and
WHEREAS, the City Council of the City of Palm Springs, California, approved Tract
Map 32675 on May 3, 2006, recorded May 17, 2006, in Map Book 402, Pages 100-103;
and Tract Map 32675 included an offer of dedication for public utility purposes, including
sewers, with the right of ingress and egress for service and emergency vehicles and
personnel over Lots "A" and "B" (identified by Alexander Club Drive and Whitewater
Club Drive respectively) of which the offer of dedication for sewer purposes was not
accepted by the City of Palm Springs; and
WHEREAS, Government Code 66477.2, subject to Section 771.010 of the Code of Civil
Procedure, provides for the ability of a legislative body to accept an offer of dedication
by resolution at any later date; and
WHEREAS, a Grant of Easement (Sanitary Sewer) has been executed and submitted
by Burnett Development Corporation, a California corporation, for acceptance by the
City of Palm Springs.
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. The offer of dedication for public utility and sewer line purposes with the right of
ingress and egress of service and emergency vehicles over Whitewater Club
Drive as shown on Tract Map 4362 recorded January 6, 1972, in Map Book 70,
Pages 89-90, is hereby accepted; and
2. The offer of dedication for public utility and sewer line purposes with the right of
ingress and egress of service and emergency vehicles over Whitewater Club
Drive and Easy Street as shown on Tract Map 4362-1 recorded August 29, 1974,
in Map Book 81, Pages 29-30, is hereby accepted; and
3. The offer of dedication for sewer line purposes over Whitewater Club Drive as
shown on Tract Map 9317 recorded July 15, 1977, in Map Book 91, Pages 44-
45, is hereby accepted; and
4. The offer of dedication for sewer purposes over Lots "A" and "B" (identified as
Alexander Club Drive and Whitewater Club Drive respectively) as shown on Tract
Map 32675 recorded May 17, 2006, in Map Book 402, Pages 100-103, is hereby
accepted; and
5. The Grant of Easement (Sanitary Sewer) by Burnett Development Corporation, a
California corporation, is hereby accepted, and the City Clerk shall record the
Grant of Easement with the Office of the Riverside County Recorder; and
6. The City Clerk shall cause a certified copy of this Resolution to be recorded in
the Office of the Riverside County Recorder, at which time the acceptance of the
subject offers of dedication on Tract Map 4362, Tract Map 4362-1, Tract Map
9317, and Tract Map 32675 shall be considered effective, in accordance with
Government Code Section 66477.3.
ADOPTED THIS 19th day of July, 2006.
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 July 19, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California