HomeMy WebLinkAbout2006-04-05 STAFF REPORTS 2F OF P A LM S.*
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CITY COUNCIL APRIL 5, 2006
CONSENT CALENDAR
Subject: SUMMARY VACATION OF AN EASEMENT FOR STORM DRAINAGE
PURPOSES WITHIN TRACT MAP 32028-1 "MOUNTAIN GATE 2", IN
SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041
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 LANDSCAPE,
PEDESTRIAN, AND STORM DRAIN PURPOSES OVER A PORTION OF LOT
"G" OF TRACT MAP 32028-1 "MOUNTAIN GATE 2", IN SECTION 33,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On November 17, 2004, the City Council approved a final map for Tract Map No.
32028-1 for the "Mountain Gate 2" development. Included on the map were dedications
of various easements to the City, and associated with the "Mountain Gate 2"
Item No. L . r .
TM 30963-2 STORM DRAIN EASEMENT SUMMARY VACATION
April 5,2006
Page 2
development was the annexation of the new landscaped parkway along Highway 111
into Parkway Maintenance District No. 10, to be maintained by the City.
The exterior landscaped parkway along Highway 111 was created as Lot "G" on Tract
Nlap No. 32028-1, and easements over Lot "G" for public utility, sewer, landscape,
pedestrian, and storm drain purposes were dedicated to and accepted by the City.
However, a small portion of Lot "G" is located behind the exterior perimeter wall of the
"Mountain Gate 2" development, and will be used as a retention basin for collection of
stormwater runoff from the on-site private streets. This area should be excluded from
the exterior landscaped parkway to be maintained by the City, and all obligations for
landscape and storm drainage maintenance should be the responsibility of the Home
Owners Association of the "Mountain Gate 2" development. A legal description and
exhibit has been prepared that describes the portion of Lot "G" located inside the
"Mountain Gate 2" development. The easements for landscape, pedestrian, and storm
drain purposes dedicated to the City over the described portion of Lot "G" 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
landscape, pedestrian, and storm drain purposes dedicated to the City over the
described portion of Lot "G" that is physically located within the "Mountain Gate"
development.
FISCAL IMPACT: Finance Director Review:
j
None.
David J. Barakian Thomas J. W n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City +� er
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING
AND ABANDONING ITS INTERESTS IN EASEMENTS FOR
LANDSCAPE, PEDESTRIAN, AND STORM DRAIN
PURPOSES OVER A PORTION OF LOT "G" OF TRACT
MAP 32028-1 "MOUNTAIN GATE 2", IN SECTION 33,
TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041
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 landscape, pedestrian, and storm drain
purposes was made to the City of Palm Springs over Lot "G" on Tract Map No. 32028-1,
a part of the "Mountain Gate 2" development, and was thereby accepted by the City
Cllerk of the City of Palm Springs on November 17, 2004; and
WHEREAS, a portion of Lot "G" on Tract Map No. 32028-1, described on Exhibit "A"
and shown on Exhibit "B", attached hereto and made a part hereof, is located behind
the exterior perimeter wall of the "Mountain Gate 2" development, and will be used as a
retention basin for collection of stormwater runoff from the on-site private streets, and
should be privately maintained by the Home Owners Association for landscape and
storm drain purposes; and
WHEREAS, the public service easements for landscape, pedestrian, and storm drain
easements over a portion of Lot "G" on Tract Map No. 32028-1, described on Exhibit "A"
and shown on Exhibit "B", attached hereto and made a part hereof, 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 landscape, pedestrian, or
storm drain 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.).
Resolution No.
Page 2
Section 2. The City Council does hereby summarily vacate the public service
easements for landscape, pedestrian, and storm drain easements over a portion of Lot
"G" on Tract Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages
93-99, records of Riverside County, California, said portion being described on Exhibit
"A" and shown on Exhibit "B", attached hereto and made a part hereof.
Section 3. This Resolution to summarily vacate the public service easements for
landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract
Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages 93-99, records
of Riverside County, California, said portion being described on Exhibit "A" and shown
on Exhibit "B", attached hereto and made a part hereof, 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 landscape, pedestrian, and storm drain
purposes were dedicated over a portion of land located inside a gated private
community, which will function as a retention basin to collect on-site stormwater
runoff from the adjacent residential neighborhood, and should be privately
maintained by the Home Owners Association for landscape and storm drain
purposes.
b. The public service easements for landscape, pedestrian, and storm drain
purposes were dedicated to and accepted by the City of Palm Springs at a
meeting held on November 17, 2004, a date which is less than five years, but
more than one year from the date of the adoption of this Resolution.
G. The City of Palm Springs has not used the public service easements for
landscape, pedestrian, and storm drain 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 landscape, pedestrian, and storm drain easements over a portion of Lot "G" on Tract
Map No. 32028-1, recorded December 2, 2004, in Map Book 368, Pages 93-99, records
of Riverside County, California, said portion being described on Exhibit "A" and shown
on Exhibit "B", attached hereto and made a part hereof, no longer constitute public
service easements.
Section 5. 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 51h 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:
A13SENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "A"
(LEGAL DESCRIPTION)
RETENTION BASIN
PARCEL "A"
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA,
THAT PORTION OF LOT "G" OF TRACT MAP NO. 32028-1, AS SHOWN BY
MAP ON FILE IN BOOK 368, PAGES 93 THROUGH 99, INCLUSIVE, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, BEING IN THE EAST HALF OF
SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M.
COMMENCING AT SOUTHEAST CORNER OF SAID LOT "G";
THENCE ALONG THE EASTERLY LINE OF SAID LOT "G", NORTH 00017'15"
EAST A DISTANCE OF 15.55 FEET TO THE TRUE POINT OF BEGINNING ;
THENCE LEAVING SAID EASTERLY LINE NORTH 68040'28" WEST A
DISTANCE OF 230.91 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 910.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 05036'55", AN ARC DISTANCE OF 89.18
FEET;
THENCE NON-TANGENT TO LAST MENTION CURVE, NORTH 09055'54"
EAST A DISTANCE OF 18.55 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 300.00
FEET, AND THE SOUTHWEST CORNER OF LOT 91 OF SAID TRACT MAP
NO. 32028-1, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF LOT
"G" OF SAID MAP, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS NORTH 09055'54" EAST;
THENCE ALONG SAID NORTHERLY LINE OF LOT "G", EASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21-40-27",
AN ARC DISTANCE OF 113.49 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE OF LOT "G" AND
TANGENT TO LAST MENTIONED CURVE NORTH 78015'27" EAST A
DISTANCE OF 39.09 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 238.50
FEET, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID LOT
91, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH
57°16'28" EAST;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT "G"
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
EXHIBIT "A"
(LEGAL DESCRIPTION)
RETENTION BASIN
CENTRAL ANGLE OF 25-48-58", AN ARC DISTANCE OF 107.46 FEET;
THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF LOT "G"
AND TANGENT TO LAST MENTIONED CURVE, SOUTH 58032'30" EAST A
DISTANCE OF 77.59 FEET, TO THE NORTHEAST CORNER OF SAID LOT
"G";
THENCE ALONG THE EASTERLY LINE OF SAID LOT "G" SOUTH 00017'15"
WEST A DISTANCE OF 33.43 FEET TO THE TRUE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS-OF-WAY OF RECORD.
CONTAINING 15,594 SQUARE FEET OR 0.358 ACRES, MORE OR LESS
LAND SG,FF
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(R) PARCEL A
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P.U.E. = PUBLIC UTILITY EASEMENT 1 " = 50'
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CURVE DATA /yCA� C210' P.U.E. \ \
NO. DELTA RADIUS LENGTH TANGENT \
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C3 25'48'58" 238.50' 107.46' 54.66' `ONpL LA)Vo NyC�pR1�,�
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LINE DATA o�' �J
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0 NO. BEARING LENGTH a 7 SE CDR
( L7 N 00'17'15" E 15.55' No. 4989 LOT "G"
O 1-2 N 68'40'28" W 230.91' Exp. 12/31/05 MSA CONSULTING, INC.
L3 N 09'55'54" E R 18,55' j�
L4 N 78'15'27" E 39.09' qrF O�t' MAINMRO, SMITH & ASSOCIATES, INC.
L5 S 58'32'30" E 775 F C
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L6 S 00-17.15" W 33.43' ID 34200 Eon Hoag DRIVE■RANcxo MwAGE ■CA 92270
TELE-IIONE (760) 320-9811 ■ FAX (760) 323-7893
J.N. 1617 SHEET 1 OF 1