Loading...
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 et 7648 ERIK HOWARD, Enpirmft Rsswm@z I;;E P.LS, SEE EXHIBIT "A" ° may ODE ' 1` ""aR214&1679 loem" DR ' ON1112021 N'"a 1 OF 1 a 0 09A : - = ' 0-f—D cs*,;�) � :z N 0 N NLj Resolution No. 24931 Page 4 Resolution No. 24931 Page 5