HomeMy WebLinkAbout25187RESOLUTION NO. 25187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, QUITCLAIMING THE "NO
RIGHTS OF ACCESS" RESTRICTIVE COVENANT OVER A
PORTION OF 20TH AVENUE, SHOWN AS LOT "A", WITHIN
RECORDED PARCEL MAP NO. 20820, MB 166, PGS 70-71
(ENG FILE R 23-07-63695), AND APPROVING A
DETERMINATION THAT THE ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS
FOLLOWS:
WHEREAS, in Parcel Map No. 20820, Map Book 166, Pages 70-71, the Riverside
County Board of Supervisors (the "County") accepted the dedication of Lot "A" as 20th
Avenue with a restriction on access (the 'Restrictive Covenant") to 20th Avenue (the
"Restrictive Covenant") imposed on the owners of Lots 1-3, 62, and 63, in 1990 when
said Parcel Map was within Unincorporated Riverside County (Exhibit "A"); and
WHEREAS, the dedication of Lot "A" within Parcel Map No. 20820, brought the
right-of-way to a width of 100 feet, which indicates the County originally intended to
' designate 20th Avenue as a major thoroughfare or freeway; and
WHEREAS, the Parcel Map No. 20820 and surrounding area was annexed by the
City of Palm Springs (the "City") as part of the City of Palm Springs Agreement A3436 for
Riverside County Local Agency Formation Commission (LAFCO) Annexation 26 in 1994;
and
WHEREAS, the City redesignated and downgraded 20th Avenue from a Major
Road Thoroughfare to a Collector Road in the Circulation Element of the 2007 General
Plan, reducing the required right-of-way to a width of 60 feet; and
WHEREAS, the Restrictive Covenant-, benefitted the County, as a safety
requirement, based on the intention that 20th Avenue would be used as a Major Road
Thoroughfare; and
WHEREAS, the Restrictive Covenant burdened Lots 1-3, 62, and 63 by removing
rights of access to 20th Avenue from those lots, other than the general easement of travel;
and
WHEREAS, the reduction of the ultimate right-of-way for 20th Avenue makes the
Restrictive Covenant applicable to Lots 1-3, 62, and 63, dedicated within said Parcel Map
No. 20820, no longer appropriate or necessary; and
Resolution No. 25187
Page 2
WHEREAS the Palm Springs City Council wishes to remise, release, and quitclaim
its interest in the Restrictive Covenant on Parcel Map No. 20820, from Lot "A" (20th '
Avenue); and allow access to Lots 1-3, 62, and Lot 63 from the adjoining northerly right-
of-way of 20th Avenue. By quitclaiming such Restrictive Covenant, the Palm Springs City
Council intends to terminate the Restrictive Covenant.
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 Parcel Map No. 20820, approved by
the Riverside County Board of Supervisors, and recorded in Map Book 166, Pages 70-
71, dedicated Lot "A" as 20th Avenue with restricted access rights to Lots 1-3, 62, and 63,
on September 27, 1990, when said map was within Unincorporated Riverside County
SECTION 3. The City Council recognizes that Parcel Map No. 20820 and the
surrounding sections were annexed by the City of Palm Springs Agreement A3436 for
Riverside County Local Agency Formation Commission (LAFCO) Annexation 26 was
approved placing PM 20820 within Palm Springs city limits and no longer in
unincorporated Riverside County. '
SECTION 4. The county road designation for 20th Avenue changed from a Major
Road thoroughfare (100 ft. full right-of-way width) to a Collector Road city road
designation (60 ft. full right-of-way width). In Major Road thoroughfares, it is a common
practice to restrict or eliminate access rights to lots adjoining the road right-of-way due to
safety concerns. By contrast, the same safety concerns are not present with Collector
Roads, as 20th Avenue is currently designated.
SECTION 5. The City Council has considered all evidence submitted concerning
the subject Restrictive Covenant shown on Exhibit "A", attached and incorporated herein,
and determined that the Restrictive Covenant, is unnecessary for public health and safety,
and termination serves the public interest as discussed in the recitals above. Therefore,
the City Council remises, releases, and forever quitclaims the Restrictive Covenant as
provided in the "Quitclaim of Restrictive Covenant," attached and incorporated herein as
Exhibit "B."
SECTION 6. The City Clerk is hereby directed to record Exhibit "B" with the
Riverside County Recorder.
SECTION 7. The City Council hereby determines that the action undertaken by '
this Resolution releasing and removing restricted access to Lots 1-3, 62, and 63, within
Resolution No. 25187
Page 3
recorded Parcel Map No. 20820, is exempt from CEQA pursuant to Section 15061(b)(3)
' as a common sense exemption. Termination of the Restrictive Covenant burdening Lots
1-3, 62, and 63 could not, on its own, cause any impact on the environment because it
only provides a right of access without authorizing any development activity.
Section 8. If any provision of this Resolution or the application of any such provision
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are severable.
The City declares that it would have adopted this Resolution irrespective of the invalidity
of any particular portion of this Resolution.
Section 9. The City Clerk shall certify to the passage and adoption of this
Resolution.
ADOPTED THIS 14TH DAY OF MARCH 2O24.
IATTEST:
X-� 11 -
Brenda Pree, City Clerk
7
Scott C. Stiles, City Manager
Resolution No. 25187
Page 4
CERTIFICATION '
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25187 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 March 14, 2024, by the following
vote:
AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and
Mayor Bernstein
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 day of March 2024.
Brenda Pree, MMC, CERA, City Clerk '
City of Palm Springs
1
Resolution No. 25187
Page 5
1
Exhibit A
Restrictive Covenant of Parcel Map No. 20820
OWNERIS STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF TN E
LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE
ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID
LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION
MAP AS SHOWN WITHIN THE DISTINCTIVE.BORDER LINE. WE HEREBY DEDICATE
TO.PUBLIC USE FOR STREET AND PUBLIC UTILITY PURPOSES LOTS "All THROUGH
"G" INCLUSIVE, AS A CONDITION OF DEDICATION OF LOT "A", 20TH AVENUE,
THE OWNERS OF PARCELS1-3,62,65 ABUTTING THIS HIGHWAY AND DURING SUCH
TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF
TRAVEL, ALSO EXCEPTING ONE EACH FORTY FOOT ACCESS OPENING IN PARCELS ;
AND 62 AS.SHOWN.HEREON. ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS
IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS AS TO
THE PART VACATED.
1
1
Resolution No. 25187
Page 6
EXHIBIT B
Quitclaim of Restrictive Covenant
1
I
1
1
Resolution No. 25187
Page 7
RECORW G REQUESTED BY :AND
WHEN RE.0 ORDED \LAM, TO:
City of Pllnl Springs
3200 E. Tahgwtz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Assessor's Parcel No. 666-411-003, 004. 011, 666423-003. 010 Exempt from Recording Fee: per Govt. Code -173S3
Exempt from Documentary Transfe. Tax per Calm Rey S
Tax. Code i119^_2
QUITCL MNI OF RESTRICTIVE COti-EN kXr
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. THE CITY OF
PALAI SPRE\GS, a California municipal corporation ("Grantor") hereby REXIISE(S). RELEASE(S)
' AND FOREVER QUITCLAIN4(S) all rights. title, and interest in that certain restrictive covenant benefrtting
Grantor. regarding rights of access to 201" Avenue. described as a "condition of dedication of Lot _ " on the
Otkmer's Statement of Parcel Map 20820_ recorded on September 27'. 1990 in the County of Riverside as
Document Number 3SS731 for the purpose of extinguishing said restrictions from the burdened real property
located in the City of Palm Springs. County of Riverside. State of California, described as
Parcels 1-3.62. 63 abutting 20`h Avenue. as shoum on Parcel Map No. 20820 (No. 38731).
Dated: . 2024 GR-V TOR:
THE CITY OF PALM SPRLNGS. a C'alifonlia
municipal corporation
Scott C. Stiles, City Manager
1
5557500100a20t99-9 2
Resolution No. 25187
Page 8
A notary public or other officer completing this c ertrftcate venSes onh_- the identity of the indnidual a ho signed '
the document to which this cernf sate rs attaches. and not the truthfulness. accuracy, or,6andi of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , before me,
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) istare subscribed to the
within instrument and acknowledged to me that helshe/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
1
OPTIONAL
S Voture of Notary Public
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ Individual
r= Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Ti*s► Tice or Type of Document
G Partner(s) ❑ Limited
❑ General
Attorney -In -Fact Numter Of Pages
❑ Trustee(s)
❑ GuardianiConservator
❑ Other:
Date Or Docwnent
Signer is representing:
Nance Of Peesonts'i Or Entity?iesi
Sgnerlst Other Than Named Above I
55575.00INA264W-9 2