The URL can be used to link to this page

Home My WebLink About24610RESOLUTION NO. 24610 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 WEST PALM CANYON DRIVE LOCATED AT THE INTERSECTION OF EAST PALM CANYON DRIVE IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 18-13, 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 West Palm Canyon Drive located at the intersection with East Palm Canyon Drive, immediately adjacent to the property located at 333 East Palm Canyon Drive and identified by Assessor's Parcel Number (APN) 511- 060-004 (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. 6748 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. 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 Resolution No. 24610 Page 2 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 West Palm Canyon Drive at the intersection with East Palm Canyon Drive, described as a portion of Tract 37, Section 26, Township 4 South, Range 4 East, San Bernardino Base and Meridian, shown as Parcels 2 and 3 on Record of Survey recorded in Book 32, Page 3 of Records of Survey, records of the Riverside County Recorder, Riverside County, California, located immediately adjacent to the property located at 333 East Palm Canyon Drive, and identified by Assessor's Parcel Number (APN) 511-060- 004, 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 West Palm Canyon Drive 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. 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 Resolution No. 24610 Page 3 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: A14 AUTflONY J.1MEJIA, CITY CLERK DAVID H. READY, ES 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. 24610 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, Mayor Moon NOES: None ABSENT: None ABSTAIN: None Middleton, Roberts, Mayor Pro Tem Kors, and IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this Ic0- day of J-v...,L , '2c,4,-1 . A ONY J. M PIA, CITY CLERK EXHIBIT "A " VACATION OF RIGHT—OF—WAY R 18-13 A PORTION OF TRACT 37, SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS PARCELS 2 AND 3 ON RECORD OF SURVEY RECORDED IN BOOK 32, PAGE 3 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID RECORD OF SURVEY; THENCE NORTH 894947' FAST 129.03 FEET ALONG THE SOUTHERLY SIDELINE OF WEST PALM CANYON DRIVE TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 80.00 FEET, A RADIAL LINE THROUGH S410 BEGINNING OF CURVE BEARS SOUTH 0'10'13' EAST; THENCE NORTHERLY 91.20 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65'19'10' TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 65'2923' EAST, THENCE NORTH 6755'07' EAST A DISTANCE OF 19.21 FEET, THENCE SOUTH 28'44'17E A DISTANCE OF 4.20 FEET TO 7HE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 766.78 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF CURVE BEARS SOUTH 18723'46' WEST,• THENCE SOUTHEASTERLY 102.38 FEET ALONG SAID CURVE BEING THE SOUTHERLY SIDELINE OF EAST PALM CANYON DRIVE THROUGH A CENTRAL ANGLE OF 739'00' TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY, A R401AL TO SAID POINT BEARS SOUTH 10'4446' WEST, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF IZ46 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 5433'03' WEST; THENCE SOUTHERLY 6.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21'5931' TO A POINT, A RADIAL LINE TO SAID POINT BEARS NOR7H 76'32'33' WEST. SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 40.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 56'4646' EAST; THENCE SOUTHWESTERLY 39.52 FEET ALONG SAID CURVE 'THROUGH A CENTRAL ANGLE OF 56'36'32' TO A POINT, A RAD/AL LINE TO SAID POINT BEARS SOUTH 0'10'29' EAST; THENCE SOUTH 89'4947' WEST 155.29 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONSISTS OF 5,264 SQUARE FEET MORE OR LESS �5 gS EVEN 'YG SUBJECT TO EASEMENTS, DEDUTtONS, RIGHTS AND RESERVATIONS OF RECORD. = No. 7627 IPy2cc BALD S. S L.S. 7627 DATE OF CAS CITY OF PALM SPRINGS ENGINEERING SERVICES 1c- """ 7648 ERIK HOW, Engineering Resources, Inc. P.L.S. LEGAL DESCRIPTION: DRAWN OY : SCALE : CPS FILE NO: CSG NONE R 18-13 SEE THIS SHEET 1 1 CHECKED BY. DATE- SHEET NUMBER HSL 1-7-2019 1 OF 1 EXHIBIT "B" VACATION OF RIGHT—OF—WAY A�4 R-18-13 44p 0 jq r I f'dLM CANYON DR�-�- WIT —g —N 894947"E 129.03' S_ V"�'� AREA —V 5,264 SFf" S 89'49 47"W 155.29' 2 -- —_-- — \ POC TAOB EXISTING RIGHT—OF—WAY I I \VACATION 11-14 PARCEL 2 — — - ' T II Z1 S28-44'17"E 4.20004 1"I , / f ® R=40.00 A=563632" L=39.52' Al-06V l c� R=17.46' 0=215931 " L=6.70' N6755'07"E 19.21' RADIAL BEARINGS 1 S 5646'461E S O'10'29"E N 54'33'03-W N 76'32'331W S 652923"E S 0'10'131E GRAPHIC SCALE ( IN FEET ) inch = 60 ft (R,S PPN �I PARCEL 3 3213 1 CITY OF PALM SPRINGS ENGINEERING SERVICES Approves. : � I � LJ 7-7�7648 AWARD, Enguwring Resources, Inc. P.L.S. LEGAL DESCRIPTION: DRAWN BY: SCALE : CPS FlLE N0: SEE EXHIBIT "A" CSG 1' = 60, 1 R 18-13 CHECKED EI1:• DATE SHEET NUMBER HSL 1-7-2019 1 OF 2 EXHIBIT "B" VACATION OF RIGHT—OF—WAY R-18-13 a � W. PAW cANrON � �W& CANYON DR D S I TE RIDGE Cp,MINO Yi{ E TWIN PAWS DR L RD CRE EW R AUBREY RD OVER OOK � jDR c� RD Z nKl 6� PORTAL U eats AINO �� 5' cL BRAVO c, yo o M1N0 V1sT 4 9 ME��A LA VERNE WY VICINITY MAP NOT TO SCALE Appr ve 1 CITY OF PAL! SPRINGS ENGINEERING SERVICES 7: / DA 648 ERIK HOWARD, Engineering Resources, Inc. P. L S. LEGAL DESCRIPTION: DRAWN BY: SCALE CPS FILE N0: CSG NONE R 18-13 SEE EXHIBIT "A" CHECKED BY- DATE SHEET NUMBER HSL 1-7-2019 2 OF 2