HomeMy WebLinkAbout24931RESOLUTION NO. 24931
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 ROAD AND UTILITY RIGHT-
OF-WAY EASEMENT WITHIN LOT 27 OF AMENDED
TRACT MAP 18087, MAP BOOK 16132-40, IN SECTION 36,
TOWNSHIP 4, RANGE 4 EAST, ENG. FILE R 21-09-1679,
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 Road and Utility Easement (PRUE) 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 United States Government reserved a 50 ft. wide PRUE within the
Northwest -Quarter, of the Southwest -Quarter, of the Southwest -Quarter, of the
Southwest -Quarter of Section 36, Township 4 South, Range 4 East, SBB&M, per
Instrument No. 46512, on July 3, 1956.
WHEREAS, Amended Map of Tract No. 18087 was recorded in Map Book 16132-40,
within a portion of Section 36, Township 4 South, Range 4 East, SBB&M, on April 9,
1990, encompassing subject PRUE within Lot 27 of said AM Tract 18087.
WHEREAS, pursuant to Section 65402 of the California Government Code, the Planning
Commission found that the summary vacation of the subject PRUE within Lot 27 of said
AM Tract 18087, is consistent with 2007 General Plan on September 1, 2021, by
approving passage of Planning Commission Resolution No. 6876.
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
50 ft. wide PRUE within said Lot 27, is unnecessary for present or prospective public use.
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.
Resolution No. 24931
Page 2
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 Road and Utility
Easement (PRUE) was reserved by the United States Government, per Instrument No.
46512, on July 3, 1956.
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 the subject PRUE within Lot 27 of said AM Tract 18087,
is consistent with 2007 General Plan on September 1, 2021, by approving passage of
Planning Commission Resolution No. 6876.
SECTION 4. The City Council recognizes that Amended Map of Tract No. 18087
within a portion of Section 36, Township 4 South, Range 4 East, SBB&M, was recorded
in Map Book 16132-40 on April 9,1990. A portion of Lot 27 of said AM Tract 18087
encompasses the subject PRUE.
SECTION 5. 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 PRUE within a portion of Lot 27 of said AM Tract 18087, is excess and
unnecessary for present or prospective public use.
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.
Resolution No. 24931
Page 3
ADOPTED THIS 9TH DAY OF SEPTEMBER 2021.
�� C-14�
JUSTIN dLIFTON, C& MANAGER
ATTEST:
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24931 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 September 9, 2021, by the
following vote:
AYES: Councilmembers Garner, Woods, Mayor Pro Tern Middleton, and Mayor
Holstege
NOES: None
ABSENT: Councilmember Kors
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this oi— day of _fie ;� m�e,. 0021
thony J. ej M C, C' Clerk
City of Palm Springs, alifornia
Resolution No. 24931
Page 4
71
Lj
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT -Of -WAY ABANDONMENT / VACATION
R 21-09-1679
That certain parcel of land located in the City of Palm Springs, County of Riverside, State of
California being a portion of Lot 27 of Amended Map of Tract No.18087 as shown by a Map on
file in Book 216 of Maps, pages 32 through 40 inclusive, Records of said County of Riverside,
State of California, more particularly described as follows:
All that portion of a "right-of-way not exceeding 50 feet in width, for roadway and public
utilities purposes", reserved in a Patent recorded July 3,1956 in Book 1937 page 332 of Patents
as Instrument No. 46512 of Official Records of said County of Riverside located within said Lot
27.
CONTAINING: 1.28 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on EXHIBIT "B" — PLAT, attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Benjam n Daniel Egan, PLS 8756
Prepared: June 11, 2021
Resolution No. 24931
Page 5
EXHIBIT "B"
RIGHT—OF—WAY
ABANDONMENTNACATION
R 21-08-1679
PLAT
N89
SRAM LP-9R = 6 W WA
APN 510-340-017
y�.
100 50 0 100
SCALE: 1"=100'
PREPARED BY:
° 45' 08"W 327.00'
r%;
LOT 27 "'
AMENDED TRACT 18087 �� w
(AB 216/32-40)
APN 510-340-001 0
(N89-52'00"W 326.59') --�
LEOM.
®EASEMENT UP TO 50' IN WIDTH
FOR ROADS AND PUBLIC
WiLTIES RESERVED IN PATENT
REC. 7/3/1956 IN BOOK 1937
PAGE 332 AS DOC. #46512, O.R.
AND SHOWN ON AMENDED TR 18087
PER MAP BOOK 216/32-40
— TO BE VACATED —
(1.28i ACRES)
() DENOTES RECORD DATA
PER AMENDED MAP OF
TRACT NO. 18087
yF —D (30.0O') (MB 216/32-40)
(N89051'23"E)
N4MLLA
MIN DANIEL ELAN, PLS
LS 8756 PREPARED: 5/25/2021
CITY OF PALM SPRINGS ENGINEERING SERVICES DATE
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