HomeMy WebLinkAbout7/13/2005 - STAFF REPORTS (3) V V
f t
pT +A Q n
City Council Staff Report
CITY COUNCIL JULY 13, 2005
PUBLIC HEARING
Subject: 10' PUBLIC UTILITY EASEMENT VACATION
FROM: David H. Ready, City Manager
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 the vacation of public service easements. After
consideration of testimony received at the Public Hearing, the City Council can consider
denial or approval of the requested easement vacation.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS
RIGHT, TITLE AND INTEREST IN THE NORTHERLY 95 FEET OF THE 10 FEET
WIDE PUBLIC UTILITY EASEMENT ACROSS THE PROPERTY LOCATED AT 635
CHUCKWALLA ROAD, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-05-011."
STAFF ANALYSIS:
On March 22, 2005, staff received a request from Ken Bernard, of Bernard Investment
Group, Inc., to vacate the existing 10 feet wide public utility easement across his
property located at 635 Chuckwalla Road. The request for the easement vacation is a
result of Mr. Bernard's proposed development of the property into 4-unit condominium
development.
On November 24, 2004, the City of Palm Springs Planning Commission approved Case
No. 3.0663, an application filed by Mr. Bernard to construct a 4-unit condominium
development on the vacant lot. The property consists of two legal lots (Lots 1 and 12 of
Block "C" of the map of Be[ Desierto, recorded in Map Book 20, Page 43 of Maps,
Item No. 1 .A.
10' PUBLIC UTILITY EASEMENT VACATION
July 13,2005
Page 2
records of Riverside County, California). There exists a 10 feet wide public utility
easement along the common property line between the two lots, however, no utilities
exist within the easement, except for a Southern California Edison power pole located
within the southerly 5 feet of the easement.
As part of the Planning Commission's approval of Mr. Bernard's development
application, the Engineering Division required that the existing public utility easement be
vacated, and that the two lots be merged. This was recommended due to the fact that
the proposed 4-unit condominium complex consists of one building that will span both
lots. In order to construct this building across the lot line and within the public utility
easement, the easement must be vacated pursuant to the Streets and Highways Code,
requiring a Public Hearing in the same manner as public streets are vacated and closed
to public use.
Staff forwarded the requested easement 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 July 6, 2005, 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 verified that no public utilities have
existing facilities within the vacated area, requiring maintenance of the public utility
easement.
Staff recommends that the City Council adopt the attached Resolution, which will vacate
the northerly 95 feet of the 10 feet wide public utility easement across the property
located at 635 Chuckwalla Road, such that the previously approved development
application of the 4-unit condominium
complex may proceed.
SUBMITTE6th VI/L Yfijt,,Ga
,DAVID J. BARAKIAN
Director of Public Works, City Engineer
APPROVED.
DAVID H. READY
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Resolution
3. Exhibits "A" and "B"
I
SI TE
N /O
Q
m
o VISTA CHINO ROAD "
o a
z 3
< w
Q F J
DESERT HOSPITAL Z W�
_ TACHEVAH ROAD 0 Q_\
PARK HARDY TAMARISK ROAD
ALEJO ROAD 0
AMADO ROAD OTr HALL
CON"TICH
a
CENTER W
z
w TAHQUITZ CANYON WAY o
V
w PALM SPRINGS 5
g MALL U Q
z CEENNHTER BARISTO ROAD
U I PALM SPRINGSPALM
_
Q zi HIGH SCHOOLS POLICE DEPT.
O < RIVERSIDE COI
RAMON ROAD x COURTHOUSE
IX rc WARM SANDS
w
m
I J
a� PALM SP CITY OF PALM SPRINGS
� y PUBLIC WORKS & ENGINEERING VICINITY MAP
�,� DEPARTMENT
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN THE
NORTHERLY 95 FEET OF THE 10 FEET WIDE PUBLIC
UTILITY EASEMENT ACROSS THE PROPERTY
LOCATED AT 635 CHUCKWALLA ROAD, IN SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-011
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 public service easements, 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 July 13, 2005, for City Council consideration of vacating and closing
to public use the northerly 95 feet of the 10 feet wide public utility easement across the
property located at 635 Chuckwalla Road; 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 public service
easement, 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 northerly 95 feet of the 10 feet
wide public utility easement across the property located at 635 Chuckwalla Road, 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 use.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council does hereby find that the northerly 95 feet of the 10
feet wide public utility easement across the property located at 635
Chuckwalla Road is unnecessary for present or prospective public use.
Section 2. That the City Council does hereby vacate and abandon all the City's right,
title and interest in the northerly 95 feet of the 10 feet wide public utility
easement across the property located at 635 Chuckwalla Road, as the
vacated area is described and shown on Exhibits "A" and "B", attached
hereto and made a part hereof.
RESOLUTION NO.
Page 2
Section 3. That 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 131h day of July, 2005.
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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
VACATION OF THE RELINQUISIIMENT Or PUBLIC UTILITY EASEMENT AS
SHOWN ON LOT'S 1 AND 12, BLOCK "C" OF BEL DESIERTO, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 20, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 5.00 FEET OF SAID LOT 1 AND THE WEST 5.00 FEET OF SAID LOT 12,
EXCEPTING SOUTHERLY 5.00 FEET OF SAID LOT 1 AND LOT 12.
SAID DESCRIBED PARCEL "A" CONTAINS 950 SQUARE FEET, MORE OR LESS.
FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF
Sr, LAND Sv
E Prepared under the supervision of:
Q
No 8010
T,
() IC��' � Exp 12/31/06
l%geVIU
Angela E. orf,P.L.LSS � � Date: 3f 1(o`. #8010e
Expires 12/31/06 ?E OF CAM0F��
THE KEITH COMPANIES, INC.
73-733 Fred Waring Drive, Suite 100
Pahn Desert, CA 92260
(760) 346-9844
Document in 0:140901140901001drawiagslsorveyl Vocation19o1_gacation.dwg
Page I of I
EXHIBIT '8'
MAP TO ACCOMPANY OFFER OF VACATION
BL OCK "C"
BEL DESIERTO TRACT
M.B. 20143
CHUCKWALLA ROAD
yh h° N89.58 "E 164.63' !„ 90• oo.
Rf 0 �. 00.
q PARCEL A " o
L 3
b
o0 1 5, 12 �o Q
1� oro
5
`V o
2 PORT/ON TO o
Q -BE VACATED
30' r - - - - - "N89.58'00"E204.68-- - - - - - - -4 30 '�� F- - --
Q � w
i LAND SUS
=s/6N !zX 4-T7 e/` 5 vF� �P E .
PO
No. 8010
Exp. 12/31/06
ANGELA E. DORF DATE.• STgAF OF CA��F SCALE. 1"=60'
LS 8010 EXP. 12-31-06
APPROVED: U
CITY OF PALM SPRINGS ATE
PUBLIC WORKS & ENGINEERING 28931
DEPARTMENT DIRECTOR OF PUBLIC WORKS/ R.C.E.
CITY ENGINEER
of FALq 9 DESIGN BY: SCALE: FILE NO.:
AP TJ.H. 1" = 60' The Keith Companies
CHECKED BY: W.O. III SHEET NO.: ✓N. 40901.00
*�'c1Faa+`�* A.E.D. 1 OF 1 FJ-PW~ ,►wLvsr"r' exallo
_� y
.M1fw Orr iR oU MAW tyro/"-rrw4f
O PALM S
u City Of Pa M
Department of Public Works and Engineering
3200 E. Uiquaz Canyon Way ° Palm Springs, California 92262
9<IFp RNAP
Tel: (760)323-3253 ° Fax: (760) 322-8360 ° Web: www.u.palnrspungs.ca.us
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-05-011),for the vacation of
that portion of a public utility easement as shown on Lots 1 and 12 of Block "C" of Be]
Desierto, Map Book 20, Page 43 as described in Exhibit "A" and shown in Exhibit "B"
(attached), was posted in three (3) locations (as indicated on Exhibit "B"), on
,I ("e, , 2-(9j , 2005. A copy of said notice is attached hereto.
1 w6w sIL14,
David J. Barakian
Director of Public Works/City Engineer
Department of Public Works & Engineering
City of Palm Springs
California
Post Office Box 2743 a Palm Springs, California 92263-2743
No 2689
fl ii"I'CE CE IF:UJV I,; .Pb.S:7C
"'ICY .'..'
CITY Je"- PALS.".S;IF'F3,�:Ss:
=ae Pa. P,-oh_-=r-'
Tire northerly 95 act of the 10 feaL wide public
utility easoment across the Ioropeity locatad at
635 Chucicwdle Road
NnT7CE:9' HE 37.1-'IV'R.i t that the City Council
of the City of Palm Sprigs, Caliiornra, will hold a
Public blearing to corusrder The prosed ease-
mznt vacation at its meeting of Jury 15,2005 The
City Council meetinq begins at 6.00 P.M. r,, the
City Council Chamber of City Hall, located at
82d0 E Tahqudz Canyon Way, Palm Spungs,
Calrfarniz
PROOF OF PUBLICATION The purpose of the Pablo Hearing is to aonsidor
vacating the northerly 95 leet of the IO feet wide
(2015.5.C.C.P) public III easement across The property IOaal-
ed at 635 Chucicwalla Road. more leiticularl�l de-
scribed and shown an Exhibits 'A" and "C', at-
noted hereto and made a pail hereoh aII rn Scc-
Lion 11, township 4 South, Range 4 Eesq City
File n-05-011, an application made through The
City of Palm Spungs
rromwU
STATE OF CALIFORNIA ,v,i„w off.o li uinIi,I"'r ouf
County of Riverside
I am a citizen of the United States and a resident of ^^ y
the County aforesaid; I am over the age of eighteen
years,and not a party to or interested in the
above-entitled matter.I am the principal clerk of aIII Mll
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, ^^ 1_
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been - -
adjudged a newspaper of general circulation by the _-
Superior Court of[he County of Riverside,State of
California under the date of March 24,1958.Case
Number 191236;that the notice,of which the ll
annexed is a printed copy(set in type not smaller �I _
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any (it,
supplement thereof on the following dates,to wit: -
June 29u'and July 6"',2005
--------------------------------------------------------------
---------------------------------------------------------------
AII in the year 2005
1 certify(or declare)under penalty of perjury that the l
and correct.
~I
r
foregoing Is true
Y -Dat d at Palm Springs,California this-----14°i----da
of----------Jul
- I I
------------ Slgnatnre tlis t r.anin teimnl
Res sons^to �� -l are vertall)r a
the ublo I-le q befnie the
hoauoq. JVnaon comments miry he-made to thy
t City 600ncil of the City of PZIm Springs by Iede
R.j.�q (for mail or hand delivery) to
James Thompmn, Oty CWa
3200 E.,0 we Canyon Way
I'O nor Cr 9
Palm Sprm Os. CF 927-f3
If any individual art group challenges the proposoc
easement vacation achon in court, Issues raisec
r• .1,, , p t „y I may be limited to only those Issues insod at the
a a,a�('"=C,� �' <:l :J Oa Il_.jcod Public Bearing desa abed In the nonce or rn writ
' ^• pCP+". }¢ ten conespaadance submdled at, or piior to the at,
'GlLl A 1 r.0-d�l � City Council Healing.
An oppo tunity will bo gnren If sa'd h(aring tot III
Interested persons to be heard.Cluestlons Iacood-
Ing this case may be dirccled o famous rullei;
Senior Civil Engineer, Dopartmant of Public Woilcs
and Engmoenng, (760) 323-8263, aid 37y',L
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
File No. R-05-011
The northerly 95 feet of the 10 feet wide public utility easement across the property
located at 635 Chuckwalla Road.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing to consider the proposed easement vacation at its
meeting of July 13, 2005. 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.
The purpose of the Public Hearing is to consider vacating the northerly 95 feet of the 10
feet wide public utility easement across the property located at 635 Chuckwalla Road,
more particularly described and shown on Exhibits "A" and "B", attached hereto and
made a part hereof, all in Section 11, Township 4 South, Range 4 East; City File R-05-
011; an application made through the City of Palm Springs.
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
P.O. Box 2743
Palm Springs, CA 92263
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, Senior Civil Engineer,
Department of Public Works and Engineering, (760) 323-8253, ext. 8744.
Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de Palm Springs y puede
hablar con Nadine Fieger telefono (760) 323-8245.
/// ames Thompson
City Clerk