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Home My WebLink About24609RESOLUTION NO. 24609 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 BARONA ROAD LOCATED BETWEEN ANZA TRAIL AND JACARANDA ROAD, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 19-01-2086, 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 22, 2019, for City Council consideration of vacating and closing to public use a portion of the public right-of-way for Barona Road located between Anza Trail and Jacaranda Road located immediately adjacent to the property located at 2086 S Barona Road and identified by Assessor's Parcel Number (APN) 510-140-042, (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 abandonment 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 April 24 2019, the Planning Commission of the City of Palm Springs adopted Resolution No. 6747 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. 24609 Page 2 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 Baron Road, described as a portion of Government Lot 2, in Section 25 Township 4 South, Range 4 East, San Bernardino Base and Meridian, as shown by United States Government Survey approved October 11, 1895, located between Anza Trail and Jacaranda Road immediately adjacent to the property located at 2086 S Barona Road Avenue and identified by Assessor's Parcel Number (APN) 510-140-042, as described in Exhibit "A" and depicted in Exhibit "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 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 Barona Road 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. Resolution No. 24609 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 22ND DAY OF MAY 2019. ATTEST: A O N Y J. EJI , CITY CLERK DAVID H. READY, ESQ., CITY MANAGER 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. 24609 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 22nd day of May, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon 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 _lci'"- day of '7571 , 2!�- • _; NTHONY , MMC CITY CLE K SHEET 1 OF 3 SHEETS EXHIBIT "A" APPROVED LEGAL DESCRIPTION RIGHT-OF-WAY VACATION R 19-01-2086 VACATION BOUNDARY BEING A PORTION OF GOVERNMENT LOT 2 IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 11, 1895, DESCRIBED AS FOLLOWS: THE EASTERLY 14.00 FEET OF THE WESTERLY 44.00 FEET OF THE FOLLOWING DESCRIBED PORTION OF SAID LOT 2; COMMENCING AT THE CENTER OF SAID SECTION 25; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2, NORTH 00°01'30" EAST A DISTANCE OF 178.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00-01'30" EAST A DISTANCE OF 152.10 FEET; THENCE SOUTH 89054'15" EAST A DISTANCE OF 166.63 FEET; THENCE SOUTH 00°01'08" WEST A DISTANCE OF 141.78 FEET; THENCE SOUTH 86033'07" WEST A DISTANCE OF 166.95 FEET TO THE TRUE POINT OF BEGINNING. ABOVE DESCRIBED LOT CONTAINS 0.048 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THIS DOCUMENT WAS PREPARED BY S ME OR UNDER MY DIRECTION, S,o BASED ON RECORD INFORMATION. 0 PHILLIPK FoMOTOR No. 7070 mr �s PHILLIP K. FOMOTOR, P.L.S. qTF of CPS-��Q- EXHIBIT "B" _-- RIGHT-OF-WAY VACATION R-19-01-2086 S89'54'15'E 166.63' 44.00' PER DOC. 1987-134983 NORTH 30.00' REC. 05/14/1987 Co 14.00' N 0.048± ACRES °D 0 to in M APN 510-140-042 W o� M 0 0 z _ / 0 S86'33'07°W 166.95' o coodo Lo-h � TRUE POINT OF Q I BEGINNING O Q I APN 510-140-041 m II m n L JACARANDA ROAD CENTER OF SECTION 25, T.4S., R.4E., S.B.M. POINT OF COMMENCEMENT _ PRIM CITY OF PALM SPRINGS ENGINEERING SERVICES ERIK amm5as N. SEE EXHIBIT "A" ANZA TRAIL IJACARANDA ROAD VICINITY MAP LEGEND ®AREA OF RIGHT OF WAY VACATION. - - — CENTERLINE WAS P. MWH mm r: JLG %-A ND SU'41. F .(r O v � PHILUP K FOMOTOR No. 7070 s �9rF OF CA��FOQ- THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON REC RMATION. PHIWP K. FOMOTOR, P.L.S. .v- 1 7648 ig Reaources Inc. P.L.S. w4L* 1'=40' 0 9-01-2086 eATL-3/6/19 19MK 2 OF 3