HomeMy WebLinkAbout24645RESOLUTION NO. 24645
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST
IN THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE
SANTA ROSA LOCATED SOUTH OF ALEJO ROAD IN
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE
R 19-03-0495, 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 July 24, 2019, for City Council consideration of vacating and closing to public
the public right-of-way for Calle Santa Rosa located south of Alejo Road located
immediately adjacent to the properties identified by Assessor's Parcel Numbers (APN)
508-021-006 & 508-021-007, 508-021-018 thru 508-021-021, 508-021-025, and 508-021-
026, (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 June 26, 2019, the Planning Commission of the City of Palm Springs adopted
Resolution No. 6757 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. 24645
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 Calle Santa Rosa Road, shown on the Survey Plat on file with the Bureau of
Indian Affairs along with that portion described in Grant Deed recorded October 19, 1977
and recorded in Instrument No. 0207439, records of Riverside County, California, located
south of Alejo Road located immediately adjacent to the to the properties identified by
Assessor's Parcel Numbers (APN) 508-021-006 & 508-021-007, 508-021-018 thru 508-
021-021, 508-021-025, and 508-021-026, 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 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 Calle Santa Rosa 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. 24645
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 24T" DAY OF JULY, 2019.
ATTEST:
HONY J. ME IA,
CITY CLE K
DAVID H. READY, D.
CITY MANAGER
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. 24645 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 24th day of July, 2019, by
the following vote:
AYES:
Councilmembers Holstege,
Mayor Moon
NOES:
None
ABSENT:
None
ABSTAIN:
None
Middleton, Roberts, Mayor Pro Tern Kors, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this -I`. ' day of
ANTHONY J. M IA'
M
CITY CLER
EXHIBIT "A"
RIGHT OF WAY VACATION - R 19-03-0495
LEGAL DESCRIPTION
CALLE SANTA ROSA
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS SHOWN ON THE SURVEY PLAT ON FILE IN THE BUREAU OF INDIAN AFFAIRS,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, SAN BERNARDINO MERIDIAN, THAT PORTION OF CALLE SANTA
ROSA SHOWN ON SAID SURVEY PLAT, ALONG WITH THAT PORTION DESCRIBED
IN THE GRANT OF RIGHT OF WAY RECORDED OCTOBER 19, 1977 AS
INSTRUMENT NO. 207439, OFFICIAL RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF SECTION 14;
THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 14, ALSO BEING THE
NORTHERLY LINE OF EAST ALEJO ROAD, SOUTH 89°47'14" EAST, A DISTANCE OF
841.56 FEET;
THENCE SOUTH 00005-49" EAST, A DISTANCE OF 50.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE PARALLEL WITH SAID NORTHERLY LINE OF THE NORTHWEST
QUARTER OF SECTION 14, SOUTH 89047'14" EAST, A DISTANCE OF 49.11 FEET
TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
00012'46" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG THE
EASTERLY LINE OF SAID INSTRUMENT NO. 207439, THROUGH A CENTRAL ANGLE
OF 90018'35", AN ARC DISTANCE OF 31.52 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00005'49" EAST, A
DISTANCE OF 232.40 FEET TO THE SOUTHEAST CORNER OF SAID INSTRUMENT
NO. 207439, SAID POINT LYING 29.00 FEET EASTERLY OF THE CENTERLINE OF
SAID CALLE SANTA ROSA;
THENCE NORTH 89047-14" WEST, ALONG THE SOUTHERLY LINE OF SAID
INSTRUMENT NO. 207439 AND THE PROLONGATION THEREOF, A DISTANCE OF
43.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID CALLE SANTA ROSA;
1 OF 2
EXHIBIT "A"
RIGHT OF WAY VACATION - R 19-03-0495
LEGAL DESCRIPTION
CALLE SANTA ROSA
THENCE NORTH 0000549" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF
252.50 FEET TO A POINT LYING 50.00 FEET SOUTHERLY OF SAID NORTH LINE OF
THE NORTHWEST QUARTER OF SECTION 14;
THENCE SOUTH 89047-14" EAST, A DISTANCE OF 14.00 FEET, TO THE TRUE POINT
OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS —OF —
WAY OF RECORD.
CONTAINING 10,945 SQUARE FEET OR 0.251 ACRES MORE OR LESS.
AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF:
�D
CWLE9 R. HUBRIS
1 No.4989
CHARLES R. HARRIS P.L.S. 4989 cs3,�OF CAj
q
DATED: D
20F2
EXHIBIT °B°
CALLS SANTA ROSA VACATION — R 19-03-049-5
POR. NW 1 /4, SEC. 14, T.4S., R.4E., S.B.M.
P.O.C.
NW COR.
SEC. 14
Z I LOT 1 I
ZAPN 508-021-001 I LOT 2
V w LOT $ I APN 508-021-025
6 1 G APN 508-021-002 LOT 7
p — — — -I- — WT R7w__::�,
z LOT 9 , LINE
S 89'47'14" E 841.56'
b1
Z I APN 508-021-003 1 LOT 10
+ APN 508-021-uzb
LOT 15
I I APN 508-021-007
VISTA I CHINO
j�
SITE
0
No
z
c E. ALEJO
� ROAD
m
a
zo
E. TAHQUITZ
-CANYON
z1 JE I s
RAMON I ROAD
VICINITY MAP
N.T.S.
DATED, 61L ZO
3 LOT 18
w APN 508-021-006
N
E. ALEJO ROAD NORTH LINE -
-�SEC. 14
T.P.O.S. o.
LOT 4
LOT 3
N 00' 12' 46" E
I
APN
R
508-021-014
29' PN
508 A021-019
(
LOT 5
OZ
43' LOT 6
N
508-021-013
W
—
LOT 11
LOT 12
N
APN
I
APN
-�
LU
508-021-020
508-021-012
_
—W
LINE LOT 14
LOTN 13
a
APN
508-021-011
C±
508=0021_021
LOTPN 19
I
LOTPN 20
Z
-508=02101 B�
508=021-016
CURVE DATA
NO.
DELTA
I RADIUS
I LENGTH
Cl
1 90' 18 35
20.00
31.52
LINE DATA
NO.
BEARING
LENGTH
L1
S 00'05'49 E
50.00'
L2
S 89*4714" E
49.11
L3
S 00'05'49" E
232.40'
L4
N 89' 47' 14" W
43.00'
L5
N 00*05149 W
252.50
L6
S 89' 47 14 E
I 14.00'
®RIGHT-OF-WAY TO BE VACATED
AREA= 0.251 ACRES
MSA CONSuum, INc.
PLANNING • CPAL ENGINEEMG
4D LAND SURV mo
J.N. 2097 _ .* is
CITY OF PALM SPRINGS PUBLIC WORKS & - DATE
wli:4 7648
ENGINEERING DEPARTMENT
ERIK T. HOWARD, Engineering Resources Inc.
RIGHT OF WAY VACATION DRAWN BY, SCALE, FILE AE 1'=60' R 19-
03-0495
LEGAL DESCRIPTIONi SEE EXHIBIT ' A' CHECKED BY, DATE, SHEET ND
CRH 06-19-19 1 OF 1