HomeMy WebLinkAbout24597RESOLUTION NO. 24597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST
IN A PORTION OF THE PUBLIC RIGHT-OF-WAY
DEDICATED FOR BISNAGA AVENUE LOCATED SOUTH
OF CHOLLA PLACE IN SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, FILE R 18-09, AND APPROVING A
DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES:
A. 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 right-of-way dedicated for public streets, or
parts thereof, within the limits of the City.
B. Pursuant to Section 8320 of the statute, the City Clerk administratively set a public
hearing for May 1, 2019, for City Council consideration of vacating and closing to public
use portion of the public right-of-way for Bisnaga Avenue located south of Challa Place
located immediately adjacent to the property located at 2359 S. Bisnaga Avenue and
identified by Assessor's Parcel Number (APN) 510-241-013, (the "subject public right-of-
way").
C. 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 public right-of-way,
as required by the statute.
D. In accordance with Section 8313 of the statute, and California Government Code
Section 65402, the proposed vacation and abandonmenl'of a portion of the subject public
right-of-way was submitted to and reported upon by the Planning Commission of the City
of Palm Springs.
E. On March 27, 2019, the Planning Commission of the City of Palm Springs adopted
Resolution No. 6743 determining that the proposed vacation and abandonment of the
subject public right-of-way was in conformance with the Palm Springs General Plan.
F. The City Council did hold a public hearing as required by the statute, and has
considered all evidence submitted concerning the subject public right-of-way, being the
vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and
made. a part hereof, and the need therefore for present and prospective public use.
Resolution No. 24597
Page2
G. Section 21084 of the California Public Resources Code requires_Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"), and pursuant to the
CEQA Guidelines, Section 15301 "Existing Facilities," Class 1 projects consist of the
minor alteration of existing public structures or topographical features involving negligible
or no expansion of use beyond that existing at the time of the lead agency's determination.
H. In accordance with Section 15301 (c) of the CEQA Guidelines, the City Council has
determined that approval of the requested right-of-way vacation is considered
categorically exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Resolution.
SECTION 2. The City Council does hereby find that the portion of the public right-
of-way for Bisnaga Avenue, shown as Log G of Araby adopted on November 16, 1925,
by the Riverside County Clerk, and recorded in Map Book 13, Pages 61-62, inclusive,
records of Riverside County, California, located south of Cho Ila Place located immediately
adjacent to the property located at 2359 S. Bisnaga Avenue and identified by Assessor's
Parcel Number (APN) 510-241-013, as described in Exhibit "A" and depicted in Exhibits
"B" and "C", attached hereto and made a part hereof, (hereafter the "Vacated Area"), is
unnecessary for present or prospective public use.
SECTION 3. Subject to Section 4, the City Council does hereby vacate and
abandon all the City's right, title and interest in the Vacated Area, and that from and after
the date this Resolution is recorded in the records of the Riverside County Recorder, that
portion of the public street known as Bisnaga Avenue located within the Vacated Area
shall no longer constitute a public street.
. SECTION 4. The City of Palm Springs reserves and excepts from the foregoing
vacation a public utility easement to operate and maintain sanitary sewer lines, domestic
water lines, natural gas pipelines, communication cables, underground electrical conduits
and facilities, and any other facility of any governmental agency or utility corporation
existing in, under, or over the Vacated Area, unless quitclaimed or released by the owner
thereof. Access over the Vacated Area shall be provided to the City and other utility
owners as necessary for continued operation and maintenance of existing utilities, until
such time as those utilities are removed or relocated as may be approved by the utility
owner thereof.
SECTION 5. 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.
Resoluti o n No. 2 4597
Page 3
SECTION 6 . The City Council hereby determines that the action undertaken by
this Resolution vacating and abandoning , subject to Section 4 , all the City's right , title and
interest in the Vacated Area , is categorically exempt from CEQA pursuant to Section
15301 (c) "Existing Facilities ," as a Class 1 project consisting of the minor alteration of
existing public structures or topographical features involving negligible or no expansion
of use beyond that existing at the time of the City Council 's determination .
ADOPTED THIS 1sr DAY OF MAY , 2019.
~ ;2 -7~~
DAVID H . READY~ ~
CITY MANAGER
ATTEST :
Re so luti o n No. 24597
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA , City Clerk of the City of Palm Springs, hereby certify th at
Resolution No. 24597 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 the first day of May, 20 19, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Holstege , Middleton , Roberts , and Mayor Moon
None
Mayor Pro Tern Kors
None
IN WITNESS WHEREOF, I have hereunto set my hand and affi xed the official seal of the
City of Palm Springs , California, this ~ +..... day of k:\,c1'1 , 2-o, c1
C
' --------:
EXHIBIT "A"
LEGAL DESCRIPTION
OF RIGHT OF WAY VACATION
R 1B-09
ALL THAT REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, BEING A PORTION OF BISNAGA AVENUE, AS SHOWN IN THE
ARABY TRACT, BEING A SUBDIVISION IN A PORTION OF THE SE 1/4 AND OF THE NE
1/4 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS RECORDED IN MAP BOOK 13 PAGES 61 AND 62 OFFICIAL RECORDS OF
RIVERSIDE COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF BISNAGA AVENUE, SAID POINT ALSO
BEING THE SOUTHEASTERLY CORNER OF LOT 15, BLOCK "D" OF SAID ARABY TRACT,
MAP BOOK 13, PAGES 61 AND 62;
THENCE N 11" 03' 05" E, ALONG THE WESTERLY LINE OF BISNAGA AVENUE, A DISTANCE
OF 46.00 FEET;
THENCE LEAVING THE WESTERLY LINE OF BISNAGA AVENUE AND OVER BISNAGA AVENUE
ON A PERPENDICULAR BEARING OF S 78" 56' 55 E, A DISTANCE OF 25.00 FEET TO A
COMPUTED POINT IN BISNAGA AVENUE;
THENCE PARALLEL WITH THE WESTERLY LINE OF BISNAGA AVENUE, ON A BEARING OF
S 11' 03' 05" W, A DISTANCE OF 7.49 FEET TO A COMPUTED POINT IN BISNAGA
AVENUE;
THENCE S 78" 56' 55 E, A DISTANCE OF 15.00 FEET, TO A POINT IN THE EASTERLY
LINE OF BISNAGA A VENUE, SAID POINT IN THE EASTERLY LINE OF BISNAGA A VENUE IS
ALSO IN THE WESTERLY LINE OF DOCUMENT NUMBER DOC # 1999-297087 OFFICIAL
RECORDS OF RIVERSIDE COUNTY;
THENCE S 11" 03' 05" W, ALONG THE EASTERLY LINE OF BISNAGA A VENUE, A DISTANCE
.01'"-38.51 FEET; .. -~. ----------~ -------
THENCE. LEAVING THE EASTERLY LINE OF BISNAGA AVENUE AND OVER BISNAGA AVENUE
ON A BEARING OF N 78" 56' 55 W, A DISTANCE OF 40.00 FEET TO THE POINT ANO
PLACE OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1,728 SQUARE FEET.
STEVEN J.:(·VAN, PLS 6500
EXP 6\31.:J\2019
DATE
R18-09
HIGHWAY 111 EXHIBIT 11 8 11
RIGHT-OF-WAY VACATION
R 18-09
YIC/NlTY MAP
N.T.S.
• '5"'11 16'-7.1'
571 -1,1 o
LOT 17
S83"00'11"W 144.11'
SEE DETAIL "A"
SHEET 3
510-241-014
2355 BISNAGA
L19 _ -----
<D
;;:: ,.._1 LOT 15
CD :i1 510-241-013
"' lkE ~~~iL_~
_::-o ____ .;::,,..-P.0.8.
G"J
u, 510-241-036
o, 2360 ARABY DR
JAMES D. MILLIGAN ANO JANINE F. MILLIGAN
TRUSJEES OF THE MILLIGAN REVOCABLE LIVING TRUST
OAJED B/20/2012
510-241-013, LOT 15, BLOCK 0, MB 13 PGS. 61-62
2359 .BISNAGA AVE
THE LORIS LIVING TRUST, DONALD J. O'LEARY,
TRUSJEE QAlEO 12/22/1995
DONALD E. WILLIAMS, JR.
AND WIFE .
CYNTHIA DENISE WILLIAMS.
AS JOINT JENANTS
DOC fl 2007-0585185
RECORDED 9/17/2007
510-210-020
2300 BISNAGA A VE
SW COR LOT B
MB 41 PG 19
RIGHT OF WAY
VACATION. AREA
1,72B SQ. FT.
SEE SHEET 2 OF 2 FOR
LINE AND CURVE TABLES
SCALE 1" = BO' ---DOC # 1999-:-2970B7, 510-210-00B
2300 BISNAGA A VE -----
CITY OF PALM SPRINGS ENGINEERING SERVICES
LEGAL DESCRIPTION
SEE EXHIBIT 'A'
0 BO . 160 240
~ /11/ ,~
SHEET N• 2 OF 3
EXHIBIT "C"
RIGHT-OF-WAY VACATION
.R 18-09 LIN~ TABLE
. i f 8/ I LINE II LENGTH !/ I I i 1 ~I ~ u
BEARING
:: I I ,:t1 &ii L2
, 510-241-014 Jg/ / l~ f I ~
I 2355 BISNAGA -/ p .o L3
! 1vEt / f, f I L4
I
EXISTING / EXISTING rn/ .I'
OVERHEAD CABLE iSEWER LINE/ L5
I EXISTIN~ t nXlSTING LS I POWER POLES --~ SEWER ,,.., L7
' -----' MANHOLE __ !.___ --f;' . ,DONALD E. WILLIAMS, JR. LB
! EXISTING " / XISTING 1
/ AND WIFE
GAS METER / / / / / WATER METER CYNTHIA DENISE WILLIAMS L9 "'I I I AS JOINT TENANTS J-, I I DDC # 2007-05B51B5 L10
I if I I I RECORDED 9/17/2007 / t;_ 510-210-020 L11
94.00 s11· 03' 05,0W
81.49 S11" 03' 05"W
20.00 S11" 03' 05"W ·
3B.51 S11 • 03' 05"W
65.87 · N19" 09' 51"E
65.00 , s11· 03' o~"w
29.00 S11" 03' 05''W
80.00 511• 03• 05•w.
20.00 N7B" 56' 55"W
20.00 N7B" 56' 55"W •
20.00 S7B" 56' 55"E .
5.00 S7B" 56' ~5"E '
I
I u I It\ 2300 BISNAGA AVE L12
L17 _ /L12 J L13 I/ 11, ,_ I:, -1---+---+--
' G) f I L13r) L14
7.49 S11" 03' 05"W
15.00 S7B" 56' 55~E :
: LOT 15 ~ ~ L14 _ I L15
I 510-241-D13 IC? I J
SEE PARCEL TABLE/ lj!I 8/ . , L16
I ,..,' ~
j 1.8 /l ,:t L17
I ">I "' LIB 1 e• 1 ;;, RIGHT oF WAY 1 1-P VACATION AREA L19
! I r, 'i , fji/ ½S 1,72B SQ. FT.
P.O.B. I 1 /_/ • 510-~-00B -7 Lio . / o
60.00 N14" 1B' 55"W
70.00 N14" 1B' 55"W
70.00 N3" 36' 10"E .
101.B9 SB5" 30' OB"W
112.17 SB3" 59' 31 "W
CURVE TABLE
CURVE# ARC RADIUS DELTA -~---i 1 / I Lg /_
1
g SEE PARCEL TABLE
: ----1 8 I" --' ---f-: --Cl--155.29. -262.0B 33-__57'.'.oo~
, I gf/J ~ . _' _& DETML "A"
If/'// ~I~ i~is ln=BO'
C2 50.00. 2B2.0B 10' 09' 21·
C3 105.64 282.0B 21· 27' 28"
' I g JI ,=t~" 1f 1;i
I p, "'"" /:t :::'// ~if r,,
I tnf, f ;;; lg
I I,/ "'I P
I 'II I ,5i
I 17/J>-EXISTING /OVERHEAD CABLf-S
!/l11 1 I.
CITY OF PALM SPRINGS ENGINEERING SERVICES
LEGAL DESCRIPTION
SEE EXHIBIT 'A'
C4 58.44 242.0B 13" 49'_ 54•
C5 75.00 242.08 17" 45' ·os"
cs 10.00 242.0B 2· .22' oo· -
.
APPROVED•;· () 3 / 11 / 1 '?) A /_ ~ DATE
l=.,::;J.L..~:.,·;.,.;-U~/~'~!:i·~·':-'•··:,.::-===-;.-;.;;;---7648 ERIK T, HD'w'ARD, ENGINEERIN .. RESOURCES INC, PLS
"Tl • 1 CPS FILE ND.
SA 1'=20' RlB-09
AF
.... u ..... ,
03/04/2019 SHEET ND 3 ar 3