The URL can be used to link to this page

Home My WebLink About2006-04-05 STAFF REPORTS 2G ,OQ pALM S.* r2 c v m n "haRRiEo ,o 41FORN�P City Council Staff Report CITY COUNCIL APRIL 5, 2006 CONSENT CALENDAR Subject: SUMMARY VACATION OF EASEMENTS FOR STORM DRAINAGE PURPOSES WITHIN TRACT MAP 30963-2 "MOUNTAIN GATE", IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-06-012 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Streets & Highways Code of the State of California allows the City to consider summarily vacating streets or public service easements by following a streamlined process under certain conditions. In the case of public service easements, if an easement has been dedicated to the City less than 5 years ago, but more than 1 year ago; and, the easement has not been continuously used by the City since its dedication, the easement may be summarily vacated through the adoption of a Resolution, without a Public Hearing. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ITS INTERESTS IN EASEMENTS FOR STORM DRAINAGE PURPOSES OVER LOTS "Q" THROUGH "U" INCLUSIVE OF TRACT MAP 30963-2 "MOUNTAIN GATE", IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R 06-012;" and 2) Authorize the City Manager to execute all necessary documents. S fAFF ANALYSIS: On June 11, 2003, the City Council approved a final reap for Tract Map No. 30963-2 for the: "Mountain Gate" development. Included on the map were various dedications to the city for public streets and easements. Associated with the "Mountain Gate" development was the establishment of Parkway Maintenance District No. 10 for City Item No. 2 . n . TM 30963-2 STORM DRAIN EASEMENT SUMMARY VACATION April 5, 2006 Page 2 maintenance of exterior landscaped parkways and other areas adjacent to the "Mountain Gate" development. Inadvertently, some of the exterior open space lots created for the "Mountain Gate" development and dedicated to the City as landscaped areas to be maintained by the City through Parkway Maintenance District No. 10 were also dedicated to the City for storm drainage purposes. These areas receive stormwater runoff from on-site, and although landscaped and maintained by the City, obligation for maintaining these areas for storm drainage purposes is the responsibility of the Home Owners Association of the "Mountain Gate" development, and not the City. Staff has identified five lettered lots within Tract Map No. 30963-2 that were dedicated to the City with an easement for landscape, open space, and storm drainage purposes. The easement for storm drainage purposes dedicated to the City over these five lettered lots is the subject of this summary vacation. Chapter 4 "Summary Vacation", of Part 3 "Public Streets, Highways, and Service Easements 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 for summarily vacating public streets or easements. In accordance with Section 8333 (b) of the Code, the legislative body of a local agency may summarily vacate a public service easement if the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. The City need only adopt a Resolution citing specific facts that allows for the summary vacation of the subject public service easement; a Public Hearing is not required. Staff recommends that the City Council adopt the attached Resolution, which will summarily vacate the easements for storm drainage purposes dedicated to the City over the private stormwater retention basins within "Mountain Gate", which should be maintained for storm drainage purposes by the "Mountain Gate" Home Owners Association. FISCAL IMPACT: Finance Director Review: None. / David J. Barakian Thomas J. WAson Director of Public Works/City Engineer Assistant City Manager David H. Ready, City_Mjp�D�ag6r ATTACHMENTS: 1. Vicinity Map, 2. Resolution VI tIN11Y Aq 69 LOIR g °TQ TRAMVIEW RDR 1" IW' 193 194 - ANGLE (�� 81 IOl • 76c 71 c '�� YO•e BJ � ' ,) , nox i hq i r`V�'•� �TG - ux 47 zs 192 ,�¢. 25 E O 3. .a 3w A 75 '4 IItAi m.lz O � O 4 Te 28 R„ st 190 55 O 6-w,.06 OTO 22% ;A LTA RIDGE =31 J1 - d 22 3 8 c�• W JS� 0 33 $ J w fee z &72 71 1 s- 3is 4 R 21 t s T fn sc 1_.,N <.u3 33 O7 F—1 oao 'a i 30 9 na.w M� 3% w. s000 ]tL3 u.e: 3-Ix,e Hero 9 P9 +O ° W o �060,y 161 163 163 75 ^ 6 3c J6 s K 19 O a N 7 37 5 $ g noel wAl eau le wn MIRA ?p ro 76 GRANDE J7 °s a I6 - 10 w]o,"ry.r. .]m a3x wAl wAl nm± cd' Z J 166 116 69 �' 11 $ rm S s u9 ue 16/ ° 5 .] O h w d u n 61 69 : 59 58 51 s II],. B cn J9 $ 11 y d ire § � s 39 QQ I I = 6B nlae wo.n W run 3.3xts d I6 �, Ml.% som s] �. „+ 9 49 19 ? fz 164 d 6 1>° fe0 Iel 102 113 ]e3 S 12 = s. 67 41 62 fi3 fi4 65 i fib i e II, z•al ] ';tz SVENTANA W a RIDGE' 6 J ]`'•• ' +. ,., som som a3N a .... •:4 t3 _ ; F ryso 19 4e t] 46 59 49 0 48 g 47 46 45 n 44 04 62 �s 1 J 14 � 3 TRkWEW RD. o 8IiE •/� OQ SAN RAFAEL DR. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ITS INTERESTS IN EASEMENTS FOR STORM DRAINAGE PURPOSES OVER LOTS "Q" THROUGH "U" INCLUSIVE OF TRACT MAP 30963-2 "MOUNTAIN GATE", IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-06-012 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 use easements dedicated for public use, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333 (b) of the statute, the legislative body of a local agency may summarily vacate a public service easement if the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; and WHEREAS, a dedication of easements for storm drainage purposes was made to the City of Palm Springs over Lots "Q" through "U", inclusive, on Tract Map No. 30963-2, and thereby accepted by the City Clerk of the City of Palm Springs on June 11, 2003; and WHEREAS, Lots "Q" through "U", inclusive, on Tract Map No. 30963-2 function as retention basins to collect on-site stormwater runoff from the adjacent residential neighborhood, which is privately maintained by a Home Owners Association, and should be privately maintained by the Home Owners Association for storm drainage purposes; and WHEREAS, the public storm drainage easements over Lots "Q" through "U", inclusive, on Tract Map 30963-2, were dedicated less than five years, but more than one year, from the date of the adoption of this Resolution; and the easements have not been used by the public for storm drainage purposes from the date of their dedication. 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 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 summarily vacate the public service easements for storm drainage purposes dedicated over Lots "Q" through "U", inclusive, Resolution No. Page 2 as shown on Tract Map No. 30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside County, California. Section 3. This Resolution to summarily vacate the public service easements for storm drainage purposes over Lots "Q" through "U', inclusive, as shown on Tract Map No. 30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside County, California, is made in accordance with Section 8333 (b) of the California Streets and Highways Code, and the following facts: a. The public service easements for storm drainage purposes are dedicated over retention basins that collect on-site stormwater runoff from the adjacent residential neighborhood, which is privately maintained by a Home Owners Association, and should be privately maintained by the Home Owners Association for storm drainage purposes. b. The public service easements for storm drainage purposes were dedicated to and accepted by the City of Palm Springs at a meeting held on June 11, 2003, a date which is less than five years, but more than one year from the date of the adoption of this Resolution. C. The City of Palm Springs has not used the public service easements for storm drainage purposes since the date the easements were dedicated to and accepted by the City of Palm Springs. Section 4. Following the recordation of this Resolution, the public service easements for storm drainage purposes over Lots "Q" through "U", inclusive, as shown on Tract Map No. 30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside County, California, no longer constitute a public service easement. Section 5. The City Council does hereby exclude from this Resolution, the summary vacation of the public service easements for open space and landscape purposes over Lots "Q" through "U", inclusive, as shown on Tract Map No. 30963-2, recorded June 30, 2003, in Map Book 337, Pages 91-99, records of Riverside County, California. The City's rights, title and interests to the public service easements for open space and landscape purposes shall remain in full force and effect after the adoption of this Resolution. Section 6. 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. Resolution No. Page 3 ADOPTED this 5" day of April, 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 April 5, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California