HomeMy WebLinkAbout6/2/2004 - STAFF REPORTS (14) DATE: June 2, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
SUMMARY VACATION OF SEWER EASEMENT WITHIN TENTATIVE PARCEL MAP
18352
RECOMMENDATION:
It is recommended that the City Council adopt a resolution for a summary vacation of a
public sewer easement within Tentative Parcel Map 18352 in Section 20, Township 4
South, Range 5 East, under the provisions of Chapter 4, Part 3, Division 9 of the Streets
and Highways Code of the State of California.
SUMMARY:
Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California
allows for the summary vacation of public service easements if the easement has not been
used for the purpose for which it was dedicated for a period of 5 consecutive years.
Tentative Parcel Map 18352 was a commercial development proposed in 1983 on Tribal
trust land, but was never completed as a project. The sewer easement was dedicated
separately through the Bureau of Indian Affairs (BIA) to facilitate sewer service to the
project, but the project was never realized. This action will formally remove the existence
of the public sewer easement to allow for the subsequent development of the property as
part of the Mid Valley Center (now known as the Indian Canyon Oasis).
BACKGROUND:
Previously, Ernest Noia, representing various Tribal landowners, submitted a request to
vacate and terminate a BIA easement for rights-of-way for streets originally proposed as
part of Tentative Parcel Map 18352, approved by the City Council on October 6, 1983. This
development never proceeded past the Tentative Map phase, and subsequently expired.
However, due to the fact that this property was owned in trust by underlying Tribal
members, it was required that the dedication of public rights-of-way and easements be
processed through the BIA, and not on any final Parcel Map. As such, the BIA easements
for rights-of-way and easements were accepted by the City to provide for sewer service to
the Tentative Map, and recorded with the County.
On September 3, 2003, the City Council summarily vacated the rights-of-way dedicated to
the City for the on-site streets within the Tentative Parcel Map. However, the existence of
the public sewer easement which is separate from the on-site streets was not discovered
until the developer, Ernest Noia, initiated development activities in this portion of the Indian
Canyon Oasis and the easement was discovered of record.
This public service easement may be summarily vacated pursuant to Section 8333 of the
California Streets and Highways Code which allows for a summary vacation of public
service easements if fora period of five consecutive years the easement has not been used
for the purpose for which it was dedicated. Since its dedication to the City, the public sewer
easement has not been utilized, no sewer exists within the easement, and sewer service
to that area will be provided by an alternative system to be designed and constructed as
part of the future development of the Indian Canyon Oasis. 6A
Summary Vacation of Sewer Easement Within Tentative Parcel Map 18352
June 2, 2004
Page 2
Section 8335 of the Streets and Highways Code allows the City to simply adopt a resolution
to summarily vacate a public service easement, provided the requirements of Section 8333
of the Streets and Highways Code are met. As the sewer easement has not been used
since its dedication in 1984, the requirement outlined in Section 8333 of the Code is met,
and the process to summarily vacate this easement is allowed, for which a Public Hearing
is not required. Adoption of the following Resolution will formally vacate the existing public
service easement for sewer purposes.
SUBMITTED:
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DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY—' �
City Manager
ATTACHMENTS:
1. Resolution
2. Exhibits "A" and "B"
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST
IN A PUBLIC SERVICE EASEMENT FOR SEWER
PURPOSES DEDICATED IN SECTION 20, TOWNSHIP 4
SOUTH, RANGE 5 EAST; FILE R-00-030
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
to summarily vacate public service easements within the limits of the City; and
WHEREAS, the City council intends to abandon a public service easement for sewer
purposes within Tentative Parcel Map 18352, located east of Crossley Road and north of
Mesquite Avenue in Section 20, Township 4 South, Range 5 East, said sewer easement
dedicated to the City of Palm Springs by an easement recorded January 27, 1984, as
Instrument No. 18107; and
WHEREAS,for a period of more than five consecutive years, said public service easement
has not been used for the purpose for which it was dedicated; and
WHEREAS,the City Council has considered all evidence submitted concerning said public
service easement dedicated to the City of Palm Springs, and the need therefore for present
or prospective sewer purposes.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as
follows:
Section 1: The City Council does hereby,summarily vacate and abandon all the City's
right, title, and interest in the public service easement dedicated for sewer
purposes, a public service easement as described and shown on Exhibits
"A" and "B", attached hereto and made a part hereof, a public service
easement within the City of Palm Springs, County of Riverside, State of
California.
Section 2: The City Clerk is hereby directed to cause a certified copy of this Resolution,
attested by her under the seal of the City, to be recorded in the Office of the
County Recorder of Riverside County.
Section 3: Upon recordation of this Resolution,the public service easement dedicated
to the City of Palm Springs for sewer purposes as shown on the Exhibits"A"
and "B" attached hereto, shall no longer constitute nor be considered a
public service easement, and all references thereto and encumbrances
thereof shall be removed from public record.
& 05
Resolution No.
ADOPTED this 2ntl day of June, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM:
EXHIBIT "A"
A public service easement for sewer purposes, dedicated to the City of Palm Springs by the
United States of America, acting by and through the Director, Palm Springs Office, Bureau
of Indian Affairs, Department of the Interior, Palm Springs, California, recorded on January
27, 1984, as Document No. 18107, records of Riverside County, described as follows:
Commencing at the center%corner of Section 20, Township 4 South, Range 5 East, San
Bernardino Base and Meridian, said center %< corner also being on the centerline of
Crossley Road;
Thence, along the East-West centerline of said Section 20, North 89°56'00" East, a
distance of 44.00 feet;
Thence, parallel to said centerline of Crossley Road, North 00°16'12" West, a distance of
75.73 feet, to the Point of Beginning;
Thence, North 65°42'51"East, a distance of 163.18 feet, to a point on a non-tangent curve,
concave northeasterly and having a radius of 76.00 feet, a radial line passing through this
point bears North 54°19'55" East;
Thence northwesterly along said curve, through a central angle of 11'22'56", a distance of
15.10 feet, to a point of cusp, a radial line passing through this point bears South 65°42'51"
West;
Thence, South 65°42'51" West, a distance of 155.00 feet, to a point on a line, said line
being parallel with the centerline of Crossley Road and distance therefrom 44.00 feet;
Thence, South 00°16'12" East, a distance of 16.41 feet to the Point of Beginning.
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EXHIBIT "B"
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