HomeMy WebLinkAbout24905RESOLUTION NO. 24905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A SUMMARY
VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE
AND INTEREST IN A PUBLIC UTILITY EASEMENT FOR
VACATED CALLE SANTA ROSA (43 FT. FULL WIDTH)
LOCATED BETWEEN CALLE ENCILIA AND CALLE EL
SEGUNDO, SOUTH OF ALEJO ROAD IN SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; ENGINEERING
FILE R 21-04-0495, AND APPROVING A DETERMINATION
THAT THE ACTION IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
WHEREAS, the California Streets and Highways Code Division 9, Part 3, Chapter 4,
Section 8333 (a) and (c) allows the City to consider summarily vacating a public service
easement under certain conditions. In this case, the City Council may summarily vacate
a Public Utility Easement (PUE) determined to be excess by the easement holder and
there are no public facilities located within the easement through the adoption of a
Resolution, without a Public Hearing.
WHEREAS, the City Council reserved the PUE as a condition of the approved
vacation of public right-of-way for Calle Santa Rosa (43 ft. full width), between Calle
Encilia and Calle El Segundo south of Alejo Road, within Section 14, Township 4 South,
Range 4 East, per Resolution No. 24645, recorded on November 14, 2019.
WHEREAS, The applicant, the Agua Caliente Band of Cahuilla Indians ( ACBCI) , has
requested vacation of the remaining PUE reserved over the vacated right-of-way in said
resolution to correspond with the ACBCI - Section 94 Specific Plan, Chapter 4: Features
of the Specific Plan, redesignating the area north of the Spa Resort Casino Parking lot
and south of Alejo Road between Calle Encilia and Calle El Segundo from Medium
Density Residential (MR) to Resort Attraction (RA).
WHEREAS, pursuant to Section 65402 of the California Government Code, the
Planning Commission found that the summary vacation of a PUE in vacated Calle Santa
Rosa, is consistent with 2007 General Plan on .on May 12, 2021 by approving passage
of Planning Commission Resolution No. 6861.
WHEREAS, the City Council has considered all evidence submitted concerning the
subject public right-of-way, being the vacated area described on Exhibit "A" and the
shown -on Exhibit "B", attached hereto and made a part hereof, and determined that the
PUE from vacated Calle Santa Rosa (43 ft. full width), between Calle Encilia and Calle El
Segundo south of Alejo Road, is unnecessary for present or prospective public use.
Resolution No. 24905
Page 2
WHEREAS, 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.
WHEREAS, 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 recognizes that the Public Utility Easement (PUE)
was reserved as a condition of the approved vacation of public right-of-way for Calle
Santa Rosa (43 ft. full width), between Calle Encilia and Calle El Segundo south of Alejo
Road, per Resolution No. 24645, recorded on November 14, 2019.
SECTION 3. The City Council recognizes that in accordance with
California Government Code Section 65402, on May 12, 2021, the Planning Commission
found that the summary vacation of a PUE in vacated Calle Santa Rosa, is consistent
with 2007 General Plan, by passage of Planning Commission Resolution No. 6861.
SECTION 4. The City Council has considered all evidence submitted concerning
the subject public right-of-way, being the vacated area described on Exhibit "A" and the
area shown on Exhibit "B", attached hereto and made a part hereof, and determined that
the PUE from vacated Calle Santa Rosa (43 ft. full width), between Calle Encilia and Calle
El Segundo south of Alejo Road, is excess and unnecessary for present or prospective
public use.
SECTION 5. 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.
Resolution No. 24905
Page 3
ADOPTED THIS loth DAY OF JUNE, 2021.
JUST14tLIFTON, CRY MANAGER
ATTEST:
[ME -- �
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24905 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 June 10, 2021, by the following
vote:
AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton,
Mayor Holstege
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this " I I- day of ttj , Zcv-(
Lthony. ejia,)4MC,-G-iy Clerk
City of Pal Springs, California
Resolution No. 24905
Page 4
EXHIBIT "A"
PUBLIC UTILITY EASEMENT VACATION - R 21-04-0495
LEGAL DESCRIPTION
CALLE SANTA ROSA
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS SHOWN ON THE SURVEY PLAT ON FILE IN THE BUREAU OF INDIAN AFFAIRS,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO MERIDIAN, THAT PORTION OF CALLE SANTA
ROSA SHOWN ON SAID SURVEY PLAT, ALONG WITH THAT PORTION DESCRIBED
IN THE GRANT OF RIGHT OF WAY RECORDED OCTOBER 19, 1977 AS
INSTRUMENT NO. 207439, OFFICIAL RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF SECTION 14;
THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 14, ALSO BEING THE
NORTHERLY LINE OF EAST ALEJO ROAD, SOUTH 89-47-14" EAST, A DISTANCE OF
841.56 FEET;
THENCE SOUTH 00005'49" EAST, A DISTANCE OF 50.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE PARALLEL WITH SAID NORTHERLY LINE OF THE NORTHWEST
QUARTER OF SECTION 14, SOUTH 89°47-14" EAST, A DISTANCE OF 49.11 FEET
TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
00012146" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG THE
EASTERLY LINE OF SAID INSTRUMENT NO. 207439, THROUGH A CENTRAL ANGLE
OF 90°18'35", AN ARC DISTANCE OF 31.52 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00005'49" EAST, A
DISTANCE OF 232.40 FEET TO THE SOUTHEAST CORNER OF SAID INSTRUMENT
NO, 207439, SAID POINT LYING 29.00 FEET EASTERLY OF THE CENTERLINE OF
SAID CALLS SANTA ROSA;
THENCE NORTH 89047'14" WEST, ALONG THE SOUTHERLY LINE OF SAID
INSTRUMENT NO. 207439 AND THE PROLONGATION THEREOF, A DISTANCE OF
43.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID CALLE SANTA ROSA;
1 OF 2
Resolution No. 24905
Page 5
EXHIBIT "A"
PUBLIC UTILITY EASEMENT VACATION — R 21-04-0495
LEGAL DESCRIPTION
CALLE SANTA ROSA
THENCE NORTH 00°05'49" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF
252.50 FEET TO A POINT LYING 50.00 FEET SOUTHERLY OF SAID NORTH LINE OF
THE NORTHWEST QUARTER OF SECTION 14;
THENCE SOUTH 89047'14" EAST, A DISTANCE OF 14.00 FEET, TO THE TRUE POINT
OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -
WAY OF RECORD.
CONTAINING 10,945 SQUARE FEET OR 0.251 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
pi 4
0
CHARLES R. HARRIS
P.L.S. 4989 * No. :89
DATED: a Zo2 / OP
I
2 OF 2
Resolution No. 24905
Page 6
EXHIBIT °B"
CALLE SANTA ROSA P.U.E. VACATION
POR. NW 1 /4, SEC. 14, T.4S.,
P.O C.
NW COR.
SEC. 14
S 89'47'14" E 841.56'
p I LOT 1 LOT 2
ZAPN 508-021-001 I
6 iW ? LOT 8 APN 508-021-025
[a I
1 a'
I APN 508-021-002 LOT 7
z LOT 9 W Y RTC
II LINE
Z APN 508-021-003 f LOT 10
+APN 508-0021-0026_
LOT 15
APN 508-021-007
VISTA ICHIND
SITE tn LOT 18 —
z � E. ALEJO ROAD
APN 508-021=006j
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a
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RAMON I ROAD
VICINITY MAP
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DATED. — ��a� 6 Z /
CITY OF PALM SPRINGS PUBLIC WORKS &
ENGINEERING DEPARTMENT
PUBLIC UTILITY EASEMENT VACATION
SEE EXHIBIT 'A'
- R 21-04-0495
R.4E., S.B.M.
E. ALEJO ROAD - NORTH LINE _
SEC, 14
T.P.O.& b I
LOT 3
LOT 4
N 00'12'46" E
I
APN
R
508-021-014
_ 29'PN
508 A021-019 I
08
LOT 5
Z
- 43
LOT 6 I
APN
508-021-013
Q
--f
LOT 11
LOT 12
APN
3 508-021-020
APN
508-021-012
J
E'LY R/W
`
W
LINE LOT 14
LOT 13
APN I
508-021-021
N
508-021-011
V
LOT i 99 i
!
LOTN 20
Z
AN
�508-021=01 S�
508-021-016
DATA
[;EFCURVE
DELTA
RADIUS
LENGTH
C1'1$ 35
20.00
3i.52
LINE DATA
NO.
BEARING
LENGTH
L1
S 00'05 49
E
-50.00
L2
S 89.47 14
E
49.11
L3
S 00'0549
E
232.40
L4
N 89'47 14
W
43.00'
L5 IN
00'05 49
W
252.50
L6 IS
69'47 14
E
14.00
®RIGHT -OE -WAY TO BE VACATED
AREA= 0.251 ACRES
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