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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 2.F. °F p A LM S,p e U y. A r c4`'°°�a,P CITY COUNCIL STAFF REPORT March 5, 2008 CONSENT CALENDAR Subject: SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AND PUBLIC SEWER EASEMENTS WITHIN TRACT MAP 30046, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-34 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 streets by following a streamlined process under certain conditions. In this case, the City Council may summarily vacate a portion of public right-of-way for Bogert Trail and portions of public sewer easements within Tract Map 30046 "Monte Serreno" that have been superseded by relocation; the superseded right-of-way may be summarily vacated through the adoption of a Resolution, without a Public Hearing.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 ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF PUBLIC RIGHT-OF-WAY FOR BOGERT TRAIL, AND PORTIONS OF PUBLIC SEWER EASEMENTS LOCATED WITHIN TRACT MAP 30046, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-34," STAFF ANALYSIS: In 1964, the owner of the parcel of land adjacent to and north of Bogert Trail granted to the City a 30 feet wide right-of-way for public street purposes, extending east into the Palm Canyon Wash. Later, in 1966, an easement for public sewer purposes was granted to the City across this property, extending north from Bogert Trail. Tract Map 30046 "Monte Serreno", approved in 2003, subdivided this property and required relocation of the existing public sewer lines that had extended across the Item No. n . F. Tract Map 30046 Summary Vacation March 5, 2008 Page 2 property. These sewer lines were relocated within the private streets of Monte Serreno, over which new public sewer easements were dedicated to the City. Along Bogert Trail, near the east side of the Monte Serreno frontage, Bogert Trail turns to the southeast and crosses over the Palm Canyon Wash. After recordation of the final map for Monte Serreno, it was discovered that a portion of the original 30 feet wide right-of-way for Bogert Trail, extending east of the point of curvature in the street as it extends across the Palm Canyon Wash, remains on record and is unnecessary for use, as it has been superseded by the previous construction of the Bogert Trail bridge. Chapter 4 "Summary Vacation", of park 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 for summarily vacating public streets. In accordance with Section 8333 (c) of the Code, the legislative body of a local agency may summarily vacate a public service easement that has been superseded by relocation; and in accordance with Section 8334 (a) of the Code, the legislative body of a local agency may summarily vacate an excess right-of-way of a street not required for street purposes. The City need only adopt a Resolution citing specific facts that allows for the summary vacation of the superseded public service easement and excess street right-of-way; a Public Hearing is not required. Staff recommends that the City Council adopt the attached Resolution, which will complete this remaining house-keeping item for the Monte Serreno development. FISCAL IMPACT: None. David J. 6arakian Thomas J. Wil 'on Director of Public Works/City Engineer Assistant City Lager David H. Ready, G_i# ager ATTACHMENTS- 1. Vicinity Map 2. Resolution oa�a'� Z Page 1 of 1 ,. 1 " CSan Juyc RA-� '•`i:. v F R�y. "l� f . I f C �I F'��', -+I _ � '_In � -Sc9soln•Pf� �, v �' � 4�-- 1 �6 8R, "J ".n:. . �• l E Vfa'Ca[rcll� 1 g rA B22 {yII� pl l! ti r �� I �p.Y.'.'• f f r '`l� t 1tti� op��nlKPOA:c:nw,ne,vxa EgAim;TeIaAxI.;P lgral,NoP Pvi+clx VIICINITY MAP 000ft w R 07-034: PUE & ROW N CityGIS VACATIONS •CilfFOfr��¢^ Copyright O 2006 All Rights Reserved The Information contained herein Is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. 000033 http://maps.digitalmapcentral.com/uroductiQn/CityGIS/vO7 01 036/indexA.html 1/9/2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF PUBLIC RIGHT-OF-WAY FOR BOGERT TRAIL, AND PORTIONS OF PUBLIC SEWER EASEMENTS LOCATED WITHIN TRACT MAP 30046, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-34 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 vacate and close to public use service easements and streets dedicated for public use, or parts thereof, within the limits of the City, and WHEREAS, pursuant to Section 8333 (c) of the statute, the legislative body of a local agency may summarily vacate a public service easement superseded by relocation; and WHEREAS, pursuant to Section 8334 (a) of the statute, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, a dedication of right-of-way for the purpose of installing and maintaining underground sewers was made to the City of Palm Springs by Grant Deed recorded January 5, 1966, as Document No. 1440, by Grant Deed recorded January 5, 1966, as Document No. 1441; and by dedication over portions of Lots 1, 2, 3, and Lot "R° of Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California; and WHEREAS, a dedication of right-of-way for Bogert Trail over the southerly 30.00 feet of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW°/4) of the Southeast Quarter (SEY4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, was made to the City of Palm Springs by Grant Deed recorded August 13, 1964, as Document No. 99693; and WHEREAS, portions of public service easements located within Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California, have been superseded by relocation; and WHEREAS, a portion of Bogert Trail right-of-way located over the southerly 30.00 feet of the Southeast Quarter (SE%) of the Northwest Quarter (NWY4) of the Southeast Quarter (SE%) of Section 35, Township 4 South, Range 4 East, Riverside County, California, represents excess public right-of-way not required for street or highway purposes. 000066 Resolution No. Page 2 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 public service easements dedicated for sewer purposes that have been superseded by relocation, being generally described as the easterly 15.00 feet of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'Y4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, and more particularly described on Exhibit "A-1" and shown on Exhibit "B-1 attached hereto and made a part hereof. Section 3. The City Council does hereby summarily vacate excess right-of-way dedicated for Bogert Trail, being generally described as a portion of the southerly 30.00 feet of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 35, Township 4 South, Range 4 East, Riverside County, California, and more particularly described on Exhibit "A-2" and shown on Exhibit "B-2", attached hereto and made a part hereof. Section 4. The City Council does hereby summarily vacate a public service easement dedicated for sewer purposes that has been superseded by relocation, being generally described as a 20.00 feet easement dedicated over a portion of Lots 1, 2, 3, and Lot "R" of Tract Map 30046, on file in Map Book 387, Pages 13 through 19, inclusive, records of Riverside County, California, and more particularly described on Exhibit "A-3" and shown on Exhibit "B-3", attached hereto and made a part hereof. Section 5. This Resolution to summarily vacate portions of public service easements dedicated for sewer purposes superseded by relocation is made in accordance with Section 8333 (c) of the California Streets and Highways Code. Section 6. This Resolution to summarily vacate excess right-of-way dedicated for Bogert Trail is made in accordance with Section 8334 (a) of the California Streets and Highways Code. Section 7. Following the recordation of this Resolution, the portions of public service easements dedicated for sewer purposes superseded by relocation, and the excess right-of-way dedicated for Bogert Trail, more particularly described on Exhibits "A-1", "A- 2", and "A-3", and shown on Exhibits "13-1", "B-2", and "B-3", attached hereto and made a part hereof, no longer constitute public service easements or public right-of-way. Section 8. 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. 116 n Resolution No. Page 3 ADOPTED this 5th day of March, 2008. 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 March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 00D00b EXHIBIT -1 t1 SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034 THAT PORTION OF THE NORTI•IWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH,RANGE 4 EAST, RIVERSIDE COUNTY, STATE OF CALIFORNIA, A RIGHT OF WAY FOR TI•IE PURPOSE,USE INSTALLATION AND MAINTENANCE OF UNDERGROUND SEWER,AND FOR THE INSTALLATION BY OTHER PERSONS,FIRMS, CORPORATIONS OR ENTITIES ENFRANCHISED BY SAID CITY,UNDERGROUND SEWER AS FOUND IN INSTRUMENT NO. 1440 AND INSTRUMENT NO. 1441, BOTH RECORDED JANUARY 5, 1966, OFFICIAL RECORDS OF RIVERSIDE COUNTY,DESCRIBED AS FOLLOW: THE EASTERLY FIFTEEN(15) FEET OF SAID NORTHWEST QUARTER. SAID EASEMENT CONTAINS APPROX. 19, 899 SF 4/- (0.46 AC.) FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Pre,pared under the supervision of: I AND T�.�l (f�.fA !_l�'w 6/ Dalc: JI ���U� '_, C' �F��a • Angela B�Dorf,P.L.S. #801U No 8010 1 Expires 12/31/08 STANTEC CONSULTING,INC. 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 (760)346-9844 T )ram° T 0:40813W081302\dmwings\sur cy\Scwcriwiscmcne doe 0 ®O 9 Page I of 1 EXHIBIT "P-1 " SHEET 1 OF 1 SANITARY SEWER EASEMENT VACATION PLAT R 07-034 NORTH LINE OF THE NW NORTH LINE OF THE NE 1/4 OF THE SE 1/4, 7/4 OF THE SE 1/4 SEC. 35 SEC. 35 75' S�0 LANDE. No. 8010 Exp. 12/31/08 `O• yD�`\ z � W 0 V 41 Q SCALE: 1" = 200' SOUTH LINE OF THE NW 1/4 OF THE SE 7/4 SEC, 35 — BOd RT 7TRA/L TR_ N0. 16759 M.6. 120/87-80 PREPARED UNDER THE 7�7RVISION OF^ ✓N: 40873.02 LTING / NC. 73733 Fk WARING DRIVE suirE ioo ANGELA ?F DORF, P.L. 8010 DATE PALM DEMT,CA 92260 SYaifFK 760.346.9644 0no © 06 EXHIBIT 'tA-2-" RIGHT OF WAY AND PUBLIC UTILITY EASEMENT VACATION LEGAL DESCRIPTION R 07-034 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, A RIGHT OF WAY FOR THE PURPOSE, USE, INSTALLATION AND MAINTENANCE OF STREET AND HIGHWAYS, FOR PUBLIC UTILITY INSTALLATION AND FOR THE INSTALLATION BY OTHER PERSONS, FIRMS, CORPORATIONS OR ENTITIES ENFRANCHISED BY SAID CITY, RIGHTS OF WAY AS FOUND IN INSTRUMENT NO- 99693 RECORDED AUGUST 13, 1964, OFFICIAL RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOW: COMMENCING AT THE INTERSECTION OF 13OGERT TRAIL AND VIA MONTE SERENO; TFTCNCE NORTH 00004'04" WEST 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BOGERT TRAIL; TIIENCE SOUTH 89°55'56"EAST 45.16 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89655'56" EAST 318-69 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 00015725" WEST 30.00 FEET ALONG SAID EAST LINE; THENCE SOUTH 89055'56" WEST 126.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 630-00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTH 17041'06" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 195.20 FEET THROUGH A CENTRAL ANGLE OF 17045'10", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 00004'04"WEST TO THE POINT OF BEGINNING. SAID CASEMENT CONTAINS 5,698 SF+/-, (0.13 AC.) FOR GRAPHICAL PURPOSES SEE EXI•IIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART WEREOF- Prepared of: the supervision o Dater ��•- Angela Dorf,P.L.S.48 10 „•J n0�`f Expires 12/31/08 STANTEC CONSULTING,INC. do P.,010 73-733 Fred Waring Drive, Suite 100 I Palm Desert, CA 92260 a 1 E . 1. 131/0 (760)346-9844 ' • ,_ 0\40813\4081302\drawings\survey\StreetEasement.dac Pagel aft EXHIBIT II 2 'I SHEET 1 OF 1 RIGHT OF WAY AND PUBLIC UTILITY EASEMENT VACATION PLAT R 07--034 z TR. NO- 30046 � M .B. 387/14- 19 ZME DATA v NO. @EAR/NO DISTANCE h L1 NOO-04.04"W JO.00' W 2 N89"55'S6"E 45.16' / oti _ Zo V 1u71 1'u,`VrI NOO'04'04"WIR,2 L2 N89"55'56"E 318.69' 500'1525"W ,00' 30.00' PoC 7T- •y0" S895556"W 9520. `4y� 26.43' B. 1 O. 16759 M229/87-89 eOG,ERr �p LAND SU E. No. 8010 Exp. 12/31/08 PREPARED UNDER THE STgTE OF CpG�Fp��\� SUPERVISION OF.' SCALE: 10 = 100' 0N_ 40813.02 STANTEC CONSULTING INC. 73-733�k SUITE 100ED WARING DRIVE A ELA El DORF, P.C.S. 8070 DATE PALM DESERT,CA 92260 StantEC 760.346.9844 rlmw.can EXHIBIT Aar ='� SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034B THAT PORTION OF LOTS 1, 2, 3 AND LOT"R"OF TRACT MAP NO. 30046, ON FILE IN MAP BOOK 387,PAGES 13 THROUGH 19,INCLUSIVE, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 35,TOWNSI•IIP 4 SOUTH, RANGE 4 EAST,RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, S.B.M.,RESERVED AS 20 FEET WIDE. SEWER EASEMENT DEDICATED TO PUBLIC USE,FOR SEWER PURPOSES,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERN MOST SOUTHWEST CORNER OF LOT "R" OF SAID TRACT MAP NO. 30046, THENCE SOUTH 89°55'56"WEST 2.40 FEET; THENCE NORTH 05030'10" EAST 24.57 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, ALSO BEING THE BEGINNING OF A NON—TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 660.00 FEET, A LINE RADIAI.TO SAID POINT AT SAID CURVE BEARS SOUTH 18049'21"WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 11.46 FEET THROUGH A CENTRAL ANGLE OF 00059'40", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 17049'41" WEST TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 3284.74 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTH 69026'51" EAST; THENCE NORTI•IEASTERLY ALONG TI•IE ARC OF SAID CURVE AN ARC DISTANCE OF 171.78 FEET THROUGH A CENTRAL ANGLE OF 02059'47, TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 1020.00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 66027'04"WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 141.02 FEET THROUGH A CENTRAL ANGLE OF 07°55'17, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 5803 F47"WEST; THENCE SOUTH 31031'42"EAST 7.35 FEET; THENCE SOUTH 00056'21" EAST 25.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS SOUTH 59057'47"EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 113.23 FEET THROUGH A CENTRAL ANGLE OF 06029'17" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 3264,74 FEET, A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH 66027'04"WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 193.18 FEET THROUGH A CENTRAL ANGLE OF 03023'25", A LINE RADIAL TO SAID POINT AT SAID CURVE BEARS NORTH W50'29"WEST, ALSO BEING THE POAVT OF BEGINNING. 0:\408i3\4081302\dma ings\ssurvcy\20ft_Sewe Easemmtdoc Pagc I oft EXHIBIT SANITARY SEWER EASEMENT VACATION LEGAL DESCRIPTION R 07-034B SAID EASEMENT CONTAINS 6,138 SF+/-, (0.14 AC-) FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. l Prepared under the supervision of 2 Angcla F, orf,P.L.S�#S d0 y� S010 Expires 12/31/08 STANTEC CONSULTING,INC. 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 ' (760)346-9844 0 W0813W081302\dmwinas\survcy\20ft_SewcrEascmcncdoc Pagc 2 of 2 EXHIBIT SHEET 1 OF 1 SANITARY SEWER EASEMENT VACATION PLAT R 07-0349 /lx,�, TR. NO. 30046 LINe DArA M . B. 387/14- 19 L4 ENp. BEARING DISTANCE L 1 S89 55 56"W 2.40' O J L2 N05'30'f0"E 24.57' ( . y�/ L3 S3131'42"E 7.35' 4ry 55957'4rE_(R1 500 5621"E 25,68' o CURVE DATA 1 �j 1 (p� NO. RADIUS DELTA ARC Pf r\ Cl 3284.74' 02"594T 171J8' L -N C2 1020.00' 0755'17" 141-02, N66.27V0 W_,(RI C3 7000.00' 06729'iT 11323, C4 3264.74' 0372325" 193.78'05 660.00' 0059'40" 11.46' 7 •v/ o L Q T „R„ ? a (!?�g`sQOp JiV7T�6Sr� 4g 4j� 57�492�K,(R S r. ry N69'50 29"W (� L1 -- B�G�RrrRq� TR. NO. 16759 M.B. 129/87-89 _ LAND No. 8010 Exp. 12/31/08 P PREPARED UNDER THE E FO LA SUPERVISION OF• FCA�- SCALE: 1" = 100' JN• 40813.02 STANTEC CONSULTING INC. 73-733 FRED WARING DRIVE SURE 100 GELI4 E: ODRF, P-L;S: $010 DATE PALM DESERT,CA 92260 S}HI1tCC 760.346.9844 ,Wm