HomeMy WebLinkAbout24819RESOLUTION NO. 24819
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 THE PORTION OF THE SOUTH HALF
OF PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT.
HALF -STREET WIDTH) LOCATED BETWEEN DIABLO
ROAD AND MELISSA ROAD AND NORTH OF INTERSTATE
10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST;
ENGINEERING FILE R 20-16-62450, 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 California Streets and Highways Code Division 9, Part 3, Chapter 4, Section
8333 (a) and (c) allows the City to consider summarily vacating public streets under
certain conditions. In this case, the City Council may summarily vacate a public street
through the adoption of a Resolution, without a Public Hearing.
B. In accordance with California Streets and Highways Code Section 8313 and
California Government Code Section 65402, the proposed vacation and abandonment
of the portion of the south half of public right-of-way for 16th Avenue (44 ft. half -street
width), between Diablo Road and Melissa Road north of Interstate 10, is scheduled
for review by the City of Palm Springs Planning Commission on November 18, 2020.
C. City Council approval of this resolution, approving the summary vacation and
abandonment of the portion of the south half of public right-of-way for 16th Avenue
(44 ft. half -street width), between Diablo Road and Melissa Road north of Interstate
10, is subject to a General Plan consistency finding by the Planning Commission at
its November 18, 2020 meeting.
D. 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 portion
of the south half of public right-of-way for 16th Avenue (44 ft. half -street width),
between Diablo Road and Melissa Road north of Interstate 10, is unnecessary for
present or prospective public use.
E. 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. 24819
Page 2
F. 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 proposed summary
vacation and abandonment of the portion of the south half of public right-of-way for 16th
Avenue (44 ft. half -street width), between Diablo Road and Melissa Road north of
Interstate 10, as described in Exhibit "A" and depicted in Exhibits "B", attached hereto and
made a part hereof, (hereafter the "Vacated Area"), is unnecessary for present or
prospective public use.
SECTION 3. Subject to Section 5, 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
the Vacated Area shall no longer constitute a public street.
SECTION 4. Subject to 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.
SECTION 5. In accordance with California Streets and Highway Code Section
8313 and California Government Code Section 65402, the proposed summary vacation
and abandonment of the portion of the south half of public right-of-way for 16th Avenue
(44 ft. half -street width), between Diablo Road and Melissa Road north of Interstate 10,
will be considered and reviewed for consistency with the General Plan by the City of Palm
Springs Planning Commission on November 18, 2020".
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. 24819
Page 3
*Approval of this resolution is contingent on the City of Palm Springs Planning
Commission's determination that the proposed summary vacation is consistent with the
General Plan.
ADOPTED this 12th day of November 2020.
DAVID H. READY, AGER
/_ri9*11
Jw
THON*41gJIA, CI RK
Resolution No. 24819
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 that
Resolution No. 24819 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 November 12, 2020, by the
following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tem Holstege, and
Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of %Oe, , rozo
hontejf4iia,Palifornia
ity Clerk
City of Pa
EXHIBIT "A" - LEGAL DESCRIPTION SHEET 1 OF 1
R 20-16-62450
16th AVENUE VACATION
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 9, LYING NORTHERLY OF THE
NORTHERLY RIGHT-OF-WAY OF DILLON ROAD, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO
BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
SHOWN ON RECORD OF SURVEY RECORDED JUNE 5, 2001 IN BOOK 111 OF RECORDS OF SURVEY
PAGES 31 AND 32 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9, ALSO BEING THE CENTERLINE
INTERSECTION OF DIABLO ROAD AND 16TH AVENUE; THENCE S 89057'26" E ALONG THE CENTERLINE
OF 16TH AVENUE, A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 00*10'33" E, PARALLEL WITH THE CENTERLINE OF DIABLO ROAD, A DISTANCE OF 67.09 FEET;
THENCE N 44656'02" E, A DISTANCE OF 32.59 FEET TO A POINT 44.00 FEET SOUTHERLY OF THE
CENTERLINE OF 16TH AVENUE AS MEASURED AT RIGHT ANGLES;
THENCE S 89°57'26" E, PARALLEL WITH AND DISTANT 44.00 FEET, AS MEASURED AT RIGHT ANGLES,
SOUTHERLY OF THE CENTERLINE OF 16TH AVENUE, A DISTANCE OF 2,801.22 FEET;
THENCE S 47°27'31" E, A DISTANCE OF 33.63 FEET TO A POINT 30.00 FEET WESTERLY OF THE
CENTERLINE OF MELISSA LANE, AS MEASURED AT RIGHT ANGLES;
THENCE N 00010'33" W, PARALLEL WITH AND DISTANT 30 FEET, AS MEASURED AT RIGHT ANGLES,
WESTERLY OF THE CENTERLINE OF SAID MELISSA AVENUE, A DISTANCE 66.72 FEET TO A POINT ON
THE CENTERLINE OF SAID 16TH AVENUE;
THENCE N 89957'26" W, ALONG THE CENTERLINE OF SAID 16TH AVENUE, A DISTANCE OF 2,849.02 FEET
THE TRUE POINT OF BEGINNING.
CONTAINING 2.89 ACRES, MORE OR LESS, AND AS SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
1112312020
CARLOS
EXPIRES 12 31URER202 .L.S. 8234 1`7� �LRA
* Exp. 12/31/21 / k
NO. 8234 / /
R20-16-62450
ASSESSOR'S PARCEL NUMBER:
668-270-013
EXHIBIT "B" — MAP
R 20-16-62450
TPOB
POC
4 c N 89'57'26" W 16T H AVENUE 2929.02')
ijI L
\ \ SOUTHERN CALIFORNIA EDISON
TRANSMISSION LINE EASEMENT
c c
0 N
I
1
\ RECORDED MARCH 12 t991
INSTRUMENT NO, 80786
0� N c
N o c
0
to
50'
I
0�N
0
to
N
N
APN 668-270-013
G Q N `� t0
LLl
z
c�
PARCEL A
z
g
Z COC 17-02A
\ \
Q
DOC. #2017-0429897
I
m
Q3
Lli
0
cSOUTHERN
CALIFORNIA EDISON \
M
Z
TRANSMISSION LINE EASEMENT \ \
RECORDED OCTOBER 30, 1973
a
INSTRUMENT NO. 141751 \ \
z
3
(...) INDICATES RECORD DATA PER BOOK 111
P
0
RECORD OF SURVEY PAGES 31 — 32 \ \
e 0 — N89.42 32 - 2929.12'
D I LLO N R D
®VACATED AREA: 125,904 SF OR 2.89 ACRES
LAND SCR NOTE 16TH AVENUE IS UNIMPROVED AND NOT MAINTAINED
al' I CARLOS UREFVA P. SL S 8CARLOS 234 �v��
��
LINE DATA BEARING DISTANCE
Lt S 00' 10' 33' E 67.09'
I EXPIRES 12/31/2021 URERA
L2 N 44' 56' 02' E 32.59'
1111912020 Exp. 12/31/21
L3 S 47' 27' 31' E 33.63'
* *
N0. 8234
L4 N 00' 10' 33' E 66.72'
spq
ASSESSOR'S PARCEL
0-013
OF CA�tiFO��\P
668-270-014 & 668-270-01�
APD:
&qo.,-j
D'
CITY OF PALM SPRINGS ENGINEERING SERVICES
— 7648
ERIK T. HOWAK-ENGINEERINg RESOURCES INC. P.L.S.
DRAWN BY:
SCALE:
�
CSG
AS NOTED
R20-16-62450
LEGAL DESCRIPTION
SEE EXHIBIT »Au
CHECKED BY.
DATE: 10 19 20
SHEET NO. 1 OF 1