City Council
MEETING DATE: 7/13/2016
TITLE:
Title
Grant of an Access Easement to the Coachella Valley Water District (CVWD) for access to the Whitewater River Channel, on City Property at west end of Gerald Ford Drive, west of Date Palm Drive.
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FROM:
John A. Corella, P.E. - City Engineer
RECOMMENDATION:
Recommendation
Staff is recommending that the City Council approve the granting of an Access Easement to CVWD, for access to the Whitewater River Channel, across City owned property at the west end of Gerald Ford Drive, west of Date Palm Drive and authorize its execution on behalf of the City by the Mayor and City Clerk when presented in final form by the City Engineer.
Body
BACKGROUND:
When the commercial center at the southwest corner of Date Palm and Gerald Ford was developed, the owners filed a parcel map in September, 2000, to divide the property into commercial lots. Lot “C” of this map, as shown on the attached exhibits, along the north side of the development, was offered to the City for dedication for street purposes as a future extension of Gerald Ford Drive. This offer was rejected by the City. Later, in December, 2005, Lot “C” was deeded in fee to the City’s Redevelopment Agency (Agency) by the developers, and was subsequently deeded by the Agency to the City in 2007.
In December, 1997, prior to the commercial development, the land comprising the Whitewater River Channel (Channel) upstream (west) from Date Palm Drive was deeded to the City Redevelopment Agency. This deed included a small triangular parcel on the north side of the channel, which abuts the above Lot “C”, as shown on the attached exhibits. This land was subsequently deeded by the Agency to the City in 2007.
DISCUSSION:
The City has been progressing with Capital Improvement Projects to widen the existing Date Palm Bridge and to construct a bridge at the current Cathedral Canyon Drive channel crossing. These Projects will essentially prohibit physical emergency and maintenance access by CVWD to the north side of the Channel, between Date Palm Drive and Cathedral Canyon Drive.
CVWD is seeking an alternate emergency and maintenance route to the Channel, and has requested that the City grant an Access Easement to CVWD across Lot “C” and the other City owned parcel, from the existing dead end of Gerald Ford Drive, to the Channel.
City and CVWD Staffs have worked out an Access Easement which will allow emergency and maintenance access across the City parcels to the Channel. The conditions of the Access Easement make CVWD responsible for the maintenance and cleanup of the Easement due to any tracking of dirt or mud from the Channel, and also for the control of dust from vehicular use. The terms also prohibit any long term (greater than 30 days) storage of equipment or materials in the Access Easement area when it is being used by CVWD.
CVWD also holds the City harmless for any actions or claims caused by CVWD’s use of the Access Easement.
The Access Easement document is essentially complete. CVWD is finalizing the wording of the legal description and the Exhibits at this time.
In order to expedite the granting of this Access Easement, Staff is recommending that the City Council approve the granting of an Access Easement to CVWD, for access to the Channel, across City owned property at the west end of Gerald Ford Drive, west of Date Palm Drive and authorize its execution on behalf of the City by the Mayor and City Clerk when presented in a final form by the City Engineer.
FISCAL IMPACT:
There is no new fiscal impact as a result of the approval of this Grant of an Access Easement. .
ATTACHMENTS:
1. Draft Access Easement.
2. Draft Easement Map.
3. Draft Exhibit A.
4. Draft Exhibit B.