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Home My WebLink About5/16/2012 - STAFF REPORTS - 2H p ALM SA c v m Y fC4iO9Ah� ,� +R °440""' CITY COUNCIL STAFF REPORT Date: May 16, 2012 CONSENT CALENDAR Subject: SUMMARY VACATION OF A 20 FEET WIDE EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO. 2808, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 11-15 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets and Highways Code of the State of California allows the City to consider summarily vacating street right-of-way by following a streamlined process under certain conditions. In this case, the City Council may summarily vacate the subject easement through the adoption of a Resolution, without a Public Hearing. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUMMARY VACATION OF AN EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO. 2808, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SUBJECT TO ADMINISTRATIVE IMPLEMENTATION ON A CASE BY CASE BASIS; FILE R 11-15." STAFF ANALYSIS: In June 2010, staff received a request to verify the property limits to build a rear yard wall for a property within Tract No. 2808. Tract No. 2808 is a residential subdivision adjacent to the Tahquitz Creek Golf Course, and a review of the map for Tract No. 2808 identified a 20 feet wide easement granted to the City adjacent to the rear property line of lots within Tract No. 2808. The easement granted to and accepted by the City was defined for"golf course purposes" in 1964. For certain properties the easement is not needed, nor will be needed in the future and the vacation of the easement will not affect the golf course operation or play. Therefore staff is recommending vacation of the easement on these parcels. ITEM NO. City Council Staff Report May 16, 2012 - Page 2 Summary Vacation of Golf Course Easement within TM 2808 Chapter 4, "Summary Vacation", of part 3, "Public Streets, Highways, and Service Easement Vacation Law", of Division 9 "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq), outlines the process to follow to summarily vacate streets and public service easements. In accordance with Section 8333 (a) of the Code, the City Council may summarily vacate a public service easement if the following condition exists: the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. Staff has coordinated with the City's Parks and Recreation Department, and the Tahquitz Creek Golf Course General Manager, regarding the proposed vacation of this golf course easement. There has been no objection to the proposed vacation, since predominantly the easement's existence was generally unknown to City staff, and the easement area has not been used by the golf course given the existing property line walls and other encroachments within these lots that ordinarily indicate the back yard limits of these properties adjacent to the golf course. No change to golf course play will occur as a result of this vacation. Most property owners have requested that the easement be vacated, as a means to remove any uncertainty to the "encroachment" of their rear yard patios, pools and other improvements; or, to obtain permits to construct new improvements within the existing easement area. However, some property owners have no improvements encroaching within the easement area, and have not requested that the easement be vacated. Other property owners have property line walls constructed within a portion of the easement, and do not require vacation of the full 20 feet wide easement across their lot (and request the portion of the easement beyond their rear yard wall to remain to avoid any responsibility for maintenance of the golf course beyond their rear yard wall). For these reasons, staff is recommending Council approve the summary vacation for the entire easement subject to administrative implementation on a case by case basis. The City Manager, City Engineer, and City Attorney will review each property and authorize implementation of the vacation up to the width of the easement with the consent and agreement of the affected property owner. Thus, in those cases where rear yard property line walls have been constructed at or relatively near the rear property line, the City Manager, City Engineer, and City Attorney would approve a vacation of the area representing a full encroachment over the 20 feet wide easement. Subsequent vacations would be approved for portions of the golf course easement over lots where rear yard property line walls have been constructed offset from the actual rear property line. Additional vacations could be reviewed and approved as other property owners request additional portions of the easement to be vacated. The vacations would not exceed the width of the existing 20 feet wide easement. The vacation of the 20 feet wide golf course easement on individual lots will, be evidenced by the recordation of a Notice of Summary Vacation and Quit Claim Deed, or other document approved by the City Attorney, executed by the City Manager. 02 City Council Staff Report May 16, 2012 - Page 3 Summary Vacation of Golf Course Easement within TM 2808 The Planning Commission considered the proposed summary vacation of the golf course easement at its meeting of March 14, 2012, and determined vacating the easement is consistent with the General Plan. FISCAL IMPACT: None. Submitted: Prepared by: Recommended by: Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: J � ' Thomas J. Wi{ n, Asst. City Manager David H. Ready, ger ATTACHMENTS: 1. Vicinity Map 2. Tract Map No. 2808 3. Figure 2A, 2B & 2C 4. Resolution 03 _ } f i'4Y Y..y Y � ■ -- al a j_»..�.G 'hli. III � r-. i, s -� 1: ' .� � iOliiliiu■ lin _ r �aii tl7iL Ai loss - v:® ,4!sill I • Ems r •'iib�iI.i1i11ri J 1: 4F4 i itq,lii ai ii iti t�Y4+i lib ILIi V = ii Rf 11 // a '►p�wfiBiY 1t rt 11 1-7-M-0,090OR—DRIVE PALM SPRINGS GOLF CLUB TRACT T 1 0PAR091,112, ------ ...... PALM SPRINGS GOLF CLUB TRACT 2 S" PARCEL 2- (-7) all -B PALM SPRINGS GOLF CLUB TRACT 3 'TRACT 8 j- PARCEL 3 EYEAT ri) eQ' EASEVENVr, 43 -4 C) TRACT 2808 19a .14 26 ��W EASEMENT ,9 Lc j9AC11--oRLVV 5 E PARCEL-4 mlnWi FIGURE 1 J J .�J �.J 5 4 k . I f 1 r1 z , r 4 . s } � rl 010 1 . 4-1 G 60 � G t U LL ' f r - � • Jac'- � ?+ 1{ M 1 J t' 7� y a i 4bo F,. M 2Sn M / % 30 ATTACHMENT 4 RESOLUTION 09 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUMMARY VACATION OF AN EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO. 2808, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SUBJECT TO ADMINISTRATIVE IMPLEMENTATION ON A CASE BY CASE BASIS; FILE R 11-15 WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to summarily vacate and abandon streets and public service easements, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333(a) of the statute, the legislative body of a local agency may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, the 20 feet wide golf course easement shown on Tract No. 2808, recorded January 6, 1965, in Map Book 52, Pages 42-45, inclusive, records of Riverside County, California, (hereinafter, "Tract No. 2808"), was dedicated to and accepted by the City Council of the City of Palm Springs on December 18, 1964; and WHEREAS, the 20 feet wide golf course easement, or portions thereof, shown on Tract No. 2808, has not been used for the purpose for which it was dedicated for over five consecutive years; and WHEREAS, as of the date this Resolution was adopted, not all affected property owners have consented to the summary vacation of the 20 feet wide golf course easement, or portions thereof, and it is in the best interest of the City Council to authorize the summary vacation of portions of the subject easement up to and include the entire width thereof with the consent of the affected property owners; and WHEREAS, subsequent to the City Council's adoption of this Resolution authorizing the summary vacation of the 20 feet wide golf course easement, the City Manager and City Engineer shall administratively implement recordation of a Notice of Summary Vacation and Quit Claim Deed, or other document approved by the City Attorney, on a case by case basis with the consent of each affected property owner. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council does hereby adopt this Resolution in accordance with Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and 10 Resolution No. Page 2 Service Easements Vacation Law", of Division 9, "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). Section 2. The City Council does hereby authorize the summary vacation and abandonment of all the City's right, title and interest in that certain 20 feet wide easement identified for "golf course purposes' extending over and within Lots 1 through 55, inclusive, of Tract No. 2808, recorded in Map Book 52, Pages 42-45, inclusive, records of Riverside County, California, subject to Sections 3 and 4 herein. Section 3. The summary vacation of the 20 feet wide golf course easement is subject to the administrative implementation and approval by the City Manager and City Engineer, on a case by case basis, with the consent of each affected property owner. Section 4. The City Manager and City Engineer shall administratively implement recordation of a Notice of Summary Vacation and Quit Claim Deed, or other document approved by the City Attorney (the "Notice of Vacation"), on a case by case basis, with the consent of the affected property owners. The summary vacation of the 20 feet wide golf course easement, or portions thereof), shall not be effective until the recordation of the Notice of Vacation pursuant to Section 5 herein. Section 5. At the time a Notice of Vacation is administratively prepared for recordation with the consent of the affected property owners, 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 concurrently with the Notice of Vacation in the Office of the County Recorder of Riverside County, and that from and after the date this Resolution and the Notice of Vacation is recorded, the 20 feet wide golf course easement, or portions thereof, shown within the individual lots identified in the Notice of Vacation, shall no longer constitute a public service easement in accordance with Section 8335 of the statute. ADOPTED this 16th day of May, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 11 Resolution No. Page 3 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 May 16, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 12