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HomeMy WebLinkAbout1/21/2004 - STAFF REPORTS (12) DATE: January 21, 2004 TO: City Council FROM: Director of Public Works/City Engineer "CANYON HEIGHTS"TRACT NO. 10527 PUBLIC UTILITY AND EMERGENCY ACCESS EASEMENTS VACATION RECOMMENDATION: It is recommended that the City Council, after considering testimony received at the Public Hearing, adopt a resolution vacating those certain rights of ingress and egress of areas designated as private street for service and emergency vehicles, as shown on Tract Map 10527, recorded March 15, 1979, in Book 102, Pages 43 through 45, inclusive; and adopt a resolution vacating those certain easements for sewer line, water line, and public utility purposes as described in an Easement recorded as Document No. 25667, February 6, 1979; all occurring within in Section 34, Township 4 South, Range 4 East; File R-03-039. SUMMARY: The Streets & Highways Code of the State of California requires that the City hold a Public Hearing to discuss and review proposed right-of-way vacations. After consideration of testimony received at the Public Hearing, the City Council can consider denial or approval of the requested right-of-way vacation. BACKGROUND: The purpose of the proposed vacation of the various rights of access and utility easements is to facilitate construction of the final phase of the Canyon Heights development within Tract Map 10527. Previously, the first and second phases of this development were constructed and completed several years ago. However, initially, a lotting plan for all of the condominium units throughout all of the phases was prepared, and the final map for Canyon Heights provided for private streets and public utility easements for all of the phases of the development. When World Development approached the City with plans to develop the final phase of Canyon Heights, one of the challenges was to fit condominium units driven by the new economic development market into the existing lotting plan for Canyon Heights. This proved difficult, and World Development proposed a lotting plan that in some areas encroached into the private streets dedicated on Tract Map 10527 and into the public utility easements granted to the City separate from but as part of the Canyon Heights development. The final phase of Canyon Heights was reviewed by Planning Commission at its July 9, 2003, meeting,which included the Engineering Division's recommendations that the private street access and public utility easements be relocated to allow for the new lotting plan for the condominium units proposed by World Development. This recommendation was approved by City Council in its review and approval of the project at its July 30, 2003, meeting. As such, the Planning Commission has already determined that vacating the various access and public utility easements are consistent with the General Plan. Staff forwarded the requested right-of-way 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 January 21, 2004, to hear all persons interested in or "Canyon Heights"Tract No. 10527 Public Utility and Emergency Access Easements Vacation January 21,2004 Page 2 objecting to the right-of-way vacation. Notices of the proposed right-of-way vacation have been posted within the vacation area, published in the local newspaper, mailed to all public utility companies, and sent to all City departments managing City facilities within public streets. As the private streets overwhich the City has existing access and public utility easements have not yet been developed, there is no need to reserve a public utility easement across the old private streets, which only exist "on paper". As a condition of the Resolution of Vacation, the developer will be required to submit new access and public utility easements to the City, in place of those that are being vacated with this request, and that facilitate the new lotting plan for the final phase of Canyon Heights to be developed by World Development. If the City Council desires to approve the proposed right-of-way vacation, adoption of the attached Resolution will vacate and close to public use the subject access and public utility easements. Approval of this item is necessary in order to facilitate development of the final phase of Canyon Heights by World Development, as already approved by City Council. SUBMITTED: c� vX- DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAV RE D � City Manager ATTACHMENTS: 1. Resolution 2. Vicinity Map 3. Exhibits "A", "B", "C", and 'D" I OF PALM so ,� City ®f Palm Springs * * Engineering Department 1 M p k Rrortnr Eo 3200 Tahqu¢z Canyov Way•Pnlm 8pungs,CflhFoma 92262 Oq0 FO V, TEL (760)323-8253 • FAX(760)322-8360 •TDD(760)864-9527 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-03-039), for the vacation of those portions of tract No. 10527 as described in Exhibit"A" and shown in Exhibit `B" (attached), was posted in Three (3) locations (as indicated on Exhibit`B"), on January 6, 2004. A copy of said notice is attached hereto. Dated at Palm Springs, California, this 6' day of January, 2004. (�'M jte"'lam DAVID J. BARAKIAN Director of Public Works/City Engineer Department of Public Works &Engineering City of Palm Springs California Post Office Box 2743 • Palm Springs, California 92263-2743 PALM SPRINGS CITY COUNCIL NOTICE OF PUBLIC HEARING FILE R-03-039 PUBLIC UTILITY AND EMERGENCY ACCESS EASEMENTS WITHIN TRACT NO. 10527, "CANYON HEIGHTS' NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public hearing to consider the proposed right-of-way vacation at its meeting of January 21,2004. The City Council meeting begins at 7:00 P.M. in the City Council Chamber at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, CA. The purpose of the hearing is to consider vacating two items: a leasehold interest easement for emergency vehicle access across Lots D through G, inclusive, as reserved across and shown on Tract No. 10527 recorded March 15, 1979, in Map Book 102, Pages 43 through 45, inclusive; and an easement for sewer line,water line, and public utility purposes described as Parcels 6 through 9, inclusive, on that certain Easement recorded as Document No. 25667, recorded February 6, 1979,as the vacated area is described on Exhibits"A"and"C"and shown on Exhibits"B"and"D", on filewith the Office of the City Clerk,all in Section 34,Township4 South, Range4 East;File R-03- 039; applicant Gary Richard, World Development. If any individual or group challenges the action in court, issues raised may be limited to onlythose issues raised at the public hearing described in this notice or in written correspondence 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 proposed right-of-way vacation may be directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, extension 8744, PATRICIA A. SANDERS City Clerk Publish: 1-6-04 E 1-13-04 The Desert Sun RlFI""° TAMARISK OM w N75 II AUEJO ROAD 1 rJ ANADO ROAD wn wu [ 111 TAHOUITZ ANYON WAY go a v�i DAPoSTO RO xw aooa �' PALM RAUMILROM REaIXi�AlgP°RT $ w wos ®{ o SUNNY DUN ROAD o SUNNY DUNES ROM s 0 MESQUITE ACE. AM LA r" jr W YOw1rt1 a�Vmi J0 � FAST 111 d' U 6 p SITE � 3Wp~ rt� g M�AV $ T R ®pALMyq� CITY OF PALM SPRINGS * PUBLIC WORKS & ENGINEERING VICINITY MAP , ,,> DEPARTMENT EXHIBIT "A" VACATION OF EMERGENCY ACCESS LEGAL DESCRIPTION: A leasehold interest easement with the right of ingress and egress of the area designated as private street for service and emergency vehicles, across Lot D, Lot E, Lot F, and Lot G, as shown on the final map Tract No. 10,527 recorded March 15, 1979, in Map Book 102, Pages 43 through 45 inclusive. 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NTEL>c. cE x° f s E Y Zl� ,U.OV'ac L.3oa.fY" .ccEfic° x�"cc - I (i°9'nE'L.-xf^e>NI H .il�r�...tuY-uT� °fR = e " •,5µ":, 00 ..E.°° xnw/e\ _,- � 5 A } ai�i[r°F°c.—SlC ENNA 00 xr E TI - ➢ �I BASIS OF BEARING O < zo ay pO NN•tCNUNTR Q.,w 1l"YIE T IS EHOWN➢N x° 3 I3,.°Y d a XS 55/53 LS TXE EJY LINE OF TXc I NOXTNACQf QUARTER OF SERION 34 -o --- s+i'l2E C rn RA ALLOTMENT N0. ACRES DpNhLO=RAF ICK CHORMICLE 81-E z.66 QON4LD P'lQR1CK CHORMILLE /••X - s 1v. ss.v s .:v" CITY OF PALM SPRINGS STATE OF -CALIFORNIA :R01ERT"_FRANK-URTDN ea-E I.Ox i- wm'Yan'r °.k ♦ `.�y $EWER LINE EASEMENT -]S9,E#T FAiNK pRTgx Rl f= v vim"..,` -," 'ou ACROSS A PORTION OF D HE H,n v s u&� - SECTION 54 , T.4S., R.4E., S.B.B.&M- - Cn SHEET I OF 4 om rZ D -1 PROOF OF PUBLICATION This is space For County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside ----------- ---- No C693 E'Iv.C.i SIF'rE^6�LC3 0.:C]"u" �DGSJFd C4L I am a citizen of the United States and a resident of zr51-1 c ,:as,.o: 1'roER.ntrata the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the R;po. C--tDI'ul+zutI¢M ZUFRGL tits°,' above-entitled matter.I am the principal clerk of a I 27,"arras'^rtsN-IC RR,e.�, P P "cur^:�`�c�zT, ^cnfrr0ra ;ifHinTD printer of the,DESERT SUN PUBLISHING NOTICE In HEREBY GIA/C-N that the City Council COMPANY a newspaper of general circulation, of the City of Pain,Springs, California.wdl hold a subhc heanny to consider the proposed rghnoa printed and published in the city of Palm Springs, way vacation at its msennq of January 21, 2004 Count of Riverside, which newspaper has been The City Counorl meeting begins at 700 R.M. in Y verse,an w P Per the City council Chamber at City Hall, located at adjudged a newspaper of general circulation by the 3200 E Tahguitz carryall way, Palm springs, CA Superior Court of the County of Riverside,State of The purpose or the nelid, is to aonasera vacet- mg two Rams a leasehold closest is D through lot California under the date of March 24, 1988.Case amergency vemme access across curs D tnrougn G, me lusive, as reserved across and shown on Number 191236;that the notice,of which the Tract No t0527 recorded Nlarch ts, 1979, in annexed is a printed copy(set in type not smaller Mah Roos, toe, Rages Z.a through 45, rndusme, aria an easenterit far sower line, water line, and than non pariel,has been published in each regular Jblio utility purposes described as Parcels 6 Through 9, no naive, on thou certain Easement re- and entire issue of said newspaper and not in any corded as Documont No 25667, recorded Febm- supplement thereof on the following dates,to wit: dry 6, 19T9, as the va and s see o described an EHNblts 79, and 'e and shown [a escribe "Bl and "D", on file with the Office of the City Clerk, -aII-in SecLon 34, Township J Schuh, Rang© 4 East, File R-03-039, applicant Gary Richard, Well lcl Development_- - - - - January 6o' -- -- - -- _ ---------------------------------------_--------—_—--------- ----------------------------------------------- - All in the year 2004 I certify(or declare) under penalty of perjury that the } foregoing is true and correct. F J F_1,. `6oi '1 ,i Dated at Palm Springs,California this-------day r ' of—-------January-----------------------------2004 -- �1 rssu s hies raised m s be Menge l to only those� ). d C t any glo file action in ed A Th it hearing p or[a the city Council training. tins notice air in ,unhN,warrespoindoile,at, or on- be given at said hearing for all intamsted persons to be It Gluestrons regmcting this proposed nghl-of-�mny vacation may be d waled to Marcus Puller, Senror W11 Gtgeaer, De Dmimen{of Public Wodts and Engceonng, (7G0)3_3-3263, eutenson a7d4 PATRICIA A. SANDERS City Clerk PUB January 6, 13, 200,1 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THOSE CERTAIN RIGHTS OF INGRESS AND EGRESS OF AREAS DESIGNATED AS PRIVATE STREET FOR SERVICE AND EMERGENCY VEHICLES, AS SHOWN ON TRACT MAP 10527, RECORDED MARCH 15, 1979, IN BOOK 102, PAGES 43 THROUGH 45, INCLUSIVE; AND THOSE CERTAIN EASEMENTS FOR SEWER LINE,WATER LINE, AND PUBLIC UTILITY PURPOSES AS DESCRIBED IN AN EASEMENT RECORDED AS DOCUMENT NO. 25667, FEBRUARY 6, 1979 IN SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-03-039 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 streets, or parts of streets, within the limits of the City; and WHEREAS, the Planning Commission has determined that the right-of-way vacation is consistent with the Circulation Element of the City's General Plan; and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for January 21, 2004,for City Council consideration of vacating those certain rights of ingress and egress of areas designated as private street for service and emergency vehicles, as shown on Tract Map 10527, recorded March 15, 1979, in Book 102, Pages 43 through 45, inclusive; and those certain easements for sewer line,water line, and public utility purposes as described in an Easement recorded as Document No. 25667, February 6, 1979; 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 access and public utility easements, 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 subject access and public utility easements, being the vacated area described on Exhibits "A" and "C" and shown on Exhibits "B" and "D" attached hereto and made a part hereof, and the need therefore for present and prospective public road 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 find that the subject portion of those certain rights of ingress and egress of areas designated as private street for service and emergency vehicles, as shown on Tract Map 10527, recorded March 15, 1979, in Book 102, Pages 43 through 45, inclusive; and those certain easements for sewer line, water line, and public utility purposes as described in an Easement recorded as Document No. 25667, February 6, 1979; conflict with currently proposed development within Tract Map 10527, and as such are unnecessary for present or prospective public use 10\ i Resolution Section 2. Prior to the recordation of this Resolution of Vacation, the City Engineer shall be provided with appropriate dedications of easements for ingress and egress of emergency and service vehicles and personnel; and shall be provided with appropriate dedications of public utility easements to replace these certain access and utility easements that are hereby being vacated as part of this Resolution. Section 3. Subject to Section 2, upon notification to the City Clerk from the City Engineer that the requirements within Section 2 of this Resolution have been satisfied, the City Council does hereby vacate and abandon all the City's right, title and interest in those certain rights of ingress and egress of areas designated as private street for service and emergency vehicles, as shown on Tract Map 10527, recorded March 15, 1979, in Book 102, Pages 43 through 45, inclusive; and those certain easements for sewer line, water line, and public utility purposes as described in an Easement recorded as Document No. 25667, February 6, 1979, as the vacated area is described on Exhibits "A" and "C" and shown on Exhibits "B" and "D", attached hereto and made a part hereof. Section 4. 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. ADOPTED this 21 st day of January, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: jo)L2woo 3 w y )SONORA ROAD IJ EAST PALM I CANYON RIVE uogn[x GOTAXMX ONmfN4 o 0 r < w U Z 3 a a a U SITE n 4 �II�IIY�CIITM! �� M�RRAy CANYON HIEGHTS BOGERT DEVELOPMENT e 8 �3 PALM CITY OF PALM SPRINGS H PUBLIC WORKS & ENGINEERING VICINITY MAP cu F „ DEPARTMENT e EXHIBIT "A" VACATION OF EMERGENCY ACCESS LEGAL DESCRIPTION: A leasehold interest easement with the right of ingress and egress of the area designated as private street for service and emergency vehicles, across Lot D, Lot E, Lot F, and Lot G, as shown on the final map Tract No. 10,527 recorded March 15, 1979, in Map Book 102, Pages 43 through 45 inclusive. 9FtOFESS10Nq� * No. C-28931, Exp 03-31-200$ sr CIVI4 �P 9TF OF CAUFCFl r . J DATE Imo] ?��� r FILE NO.: R-03-039 SHEET NO.: 1 OF 2 2 * CITY ®v -- TRACT NO. 10,527 — C PORTION OF THE Vlry SOViHE.ST LT T r xrs EAST /4H AN. .ORTN /E4NORTN- lrA/ EASI I/4,SpVTNEARAST IS 1/4,SEAT N 31-TOWN- 1 SNNP1 OLTN� PAk..` F.STE..E. A a. NA nwxia V.xmu PHLP.MAMA c rvr[uaax lx nn P511TNS E EEPS NR. gl rrw FOALS IVO ai FEEWPY TB Ca.A,/.x Fwax O O — — — =rv.— --- , ,aa BASIS OF BEARING T m T NORTH°•Oflpp'WEST AS //l/l�� SHOWN ON IRS 55/53 AS THE LINE OF HE NONTH- D V/ O �N.ETERT OF SEMEN /lI a uo x : 34. ,L°:x:.. +�°r %;' 't zzN ,z = I _ xp —� �T� .,>n —/ �__ aIN x I` �+ N L31 i Irsrvmowv.ma - MVPRAY t vv u 'TI n asloo ,•e'�4i ul(�_rnlAv[tnEei LET •,¢i"i M A oo x t ® rw `exAit`tmx'rmem`uv n 13 • 1 tl.�.ey fix A.AY�r,A It1 nn .Eviox ux4 _ ' v°/wf°'6°° A, _ w :a oo i< }I e 00\ Bia.axr.ax �1—" Tr-, I.f±x+ l° FI w Lor jo at _ xwa°.x°:.�w. a. c � - „x�.a, ^��d \[ E1A! o f UI D 3 R.LFCpI.R. C.PNNEL R/W �3�' O - ^ z _ \�_ X x ISEE NN�iFs�I:[�' -a. •a ` lNJ O mxx�..El..—TIE�.,a°,xAx. .�;.° _ _' w a, ria (n DT�1 rcw na a,/o Nn n. NEST 3 OF 3 SHEETS .^_ VJ m z c� EXHIBIT "C" VACATION OF EASEMENT FOR PUBLIC UTILITIES LEGAL DESCRIPTION: Parcels 6, 7, 8 and 9 as described on that certain Easement for sewer line, water line and public utility purposes granted 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 as Document No. 25667, recorded February 6, 1979. 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L,LCHLg -- = m - _ TRACT NO. 14529 ry / ° "'A HE snr Or mur°nx�. co E [ Iry - - w E.BE 1-1 ss TO xaucm_n �sys.az xl I s`v`Fornofi ry L9X nEso Or�ox x° z ryry —`n L N Eo/L�°t� % E US ry .c, v°° iS L�oav° 14 NEITHITH INS I "GO' 'Ei e•L 1 'y(n...cVw i° or ",Ox .,.Aa°° AFT E GE STATE.1 IY Q ` _ $ ° '>O ONES. - a BASIoL:OFx BEARING D z - A.os Od o� xOFrx •06'48••WEST AS xawx ON e y EF PS 55/55 AS THE EAST LINE OF THE x°az S. /1 NOpTHA ST ONARTYN OF SECTION 34 CSI 5E,° W fl LpTEB - - ALLOTMENT No ACRES - m FFEEN r O ENTI RATRf4K LHONM1TCYE I 81-E A. z QONALD PATRICK CHHEMICLE m u"• �m - uR" ""' .0 CITY OF PALM SPRINGS C Irgt I Al.. STATE OF CALIFORNIA A50I FRANK N ON 84-E IA2 + ��0�• uxn "- n RoeRFT Fnarvp uFZNN ww = SEWER LINE EASEMENT 11 SIG, r m - . �Oe:° G ACROSS A PORTION OF D N, �ti w (n 11 fTl m c' GY •_6 SECTION 34 , T.4S., R.4E., S.B.B.BM. cn K: SHEET I OF 4 flm rz D —�