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File #: 2015-80    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/16/2015 In control: City Council
On agenda: 3/25/2015 Final action: 3/25/2015
Title: Resolution Accepting Dedication of a Public Alley on Lot "E" of Tract No. 3627
Attachments: 1. LLA EXHIBIT B Acceptance Sketch, 2. RESOLUTION for accepting offer of dedication, 3. CC PMP Acceptance of dedication, 4. SECTION 66477.2 Gov Code Acceptance of Dedication
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City Council
 
MEETING DATE: 3/25/2015                                    
TITLE:
Title
Resolution Accepting Dedication of a Public Alley on Lot "E" of Tract No. 3627
End
 
FROM:            
Pat Milos, Community Development Director
 
RECOMMENDATION:      
Recommendation      
Staff recommends that the City Council adopt the Resolution rescinding the rejection by the County Board of Supervisors of an offer of dedication for public alley purposes of Lot "E: in Tract No. 3627, and now accepting the offer.
Body
 
BACKGROUND:
Tract No. 3627 is located on both sides of Kieley Road, between Cathedral Canyon Drive and Campbell Street. In 1968 when this tract was approved by the County, the developer offered several streets and alleys for dedication to the public. At that time, the County Board of Supervisors accepted the offers of public streets, but rejected the offers made on the map for public alleys. One of the alleys offered for dedication, Lot "E", is located along the north side of Lot 27 of the tract, as shown on the attached sketch. The alleys in Tract 3627 were paved and opened, but remained private.
 
Cathedral City incorporated in 1981, and this tract, and the streets and alleyways in the tract became part of the City.
 
In 2001, the Cathedral City Redevelopment Agency and Gemstone Properties made an agreement for a land trade, in which the Agency would convey an existing parking lot in the Auto Park to Gemstone in exchange for a new public parking lot, to be constructed by Gemstone, located on the north side of Perez Road, west of Campbell Street. Access to the new parking lot was to be from Campbell Street, by way of the paved alley on Lot "E". The land trade took place, Gemstone developed the former parking lot into an auto dealership, and the Redevelopment Agency took title to the replacement parking lot in 2002.
DISCUSSION:
When the State dissolved the Redevelopment Agency, this parking lot parcel, and many other RDA properties, were included in the Long Range Property Management Plan (LRPMP) as a commercial property to be sold for private development. The subject parking lot was designated as Southwest Block Asset #111. See the Attached excerpts from the LRPMP regarding this property.
 
During the preparation of the LRPMP, it was found that while there is physical access to this parcel from Campbell Street via the alley (Lot "E"); the legal access was questionable, due to the offer of dedication on the alley never having been accepted.
 
Therefore to assure legal access and eliminate any title problems with any future buyer of this parcel, it was determined to accept the old offer of dedication at this time, by the adoption and recordation of the attached Resolution.
 
Acceptance of Offer: In accordance with Subdivision Law, (Government Code Sec. 66477.2(a), an offer of dedication made on a subdivision map may be accepted or rejected. If it is rejected, then the offer remains open and the legislative body may by resolution at any later date, rescind the rejection, and accept and open the street, alley, path or right of way for public use, which acceptance shall be recorded with the County Recorder.
 
In this instance, it is recommended that the City Council accept the offer of dedication for alley purposes on Lot "E" of Tract No. 3627 by the adoption of the attached Resolution, thus making Lot "E" a public alley.
 
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
 
ATTACHMENTS:
1. Vicinity Sketch
2. resolution Accepting Offer of Dedication on Lot "E"
3. Excerpts from the Long Range Property Management Plan
4. Portion of Government Code Sec. 66477.2(a)