HomeMy WebLinkAbout18967 - RESOLUTIONS - 2/5/1997 RESOLUTION NO. 18967
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A CERTIFICATE
OF CORRECTION, SUBMITTED BY THE DEEP WELL
RANCH HOMEOWNER' S ASSOCIATION, FOR .RECORDED
TRACT MAP 4060 FOR DEEP WELL RANCH, REQUESTING
A MINOR REVISION TO THE SUBJECT RECORDED TRACT
MAP OF' DEEP WELL RANCH TO REMOVE THE WRITTEN
RESTRICTION PLACED ON THE MAP PROHIBITING THE
LOTS FROM BEING CONVEYED IN FEE, LOCATED NORTH
OF EAST PALM CANYON DRIVE, AT THE NORTH END OF
DEEP WELL RANCH ROAD, R-1-C ZONE, SECTION 23
WHEREAS, the Deep Well Ranch Homeowner' s Association (HOA) has
submitted an application for a certificate of correction 1-0 remove
a restriction placed on each of the three recorded tract. maps of
Deep Well Ranch (Tract Maps 4034, 4060 and 4069) which prohibits
the lots from being conveyed in fee; and
WHEREAS, the Deep Well Ranch HOA currently maintains the fee
interest in two of the Deep Well Ranch tracts; each homeowner in
the third tract holds both a leasehold interest and an undivided
interest in each of the lots within that tract; and
WHEREAS, the City of Palm Springs Municipal Code: requires the City '
Council to approve a certificate of correction, subject to
findings, for correction requests which may affect a property right
and may require the modification of a condition of approval; and
WHEREAS, the request by the Deep Well HOA to remove the ownership
restriction will not directly affect any individual homeowner
unless subsequently an individual homeowner chooses to accept the
title to the individual lot; and
WHEREAS, the subject application for a certificate of correction is
in compliance with Section 9 . 63 . 150 of the City' s Municipal Code
and Section 66472 . 1 of the Subdivision Map Act; and
WIIEREAS, notice of a public hearing of the City Council of the City
of Palm Springs to consider the application for a certificate of
correction was given in accordance with applicable law; and
WHEREAS, on February 5 , 1997, a public hearing was held on the
application for certificate of correction for Recorded Tract Map
4060 by the City Council in accordance with applicable law; and
WHEREAS the City Council has carefully reviewed and considered all
of the evidence presented. in connection with the hearing on the
project, including but not limited to the staff report . '
R18967
Page 2 ana PC a
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS :
Section 1 : Pursuant to CEQA, the City Council finds as
follows :
a. The project is categorically exempt from the requirements of
CEQA pursuant to Section 15305, Class 5, Minor Alterations in
Land Use Limitations .
b. Pursuant to Fish and Game Code Section 711 .4 , this project has
a de minimis impact on fish and wildlife .
Section 2 : Pursuant to Section 9 . 63 . 130 of the Municipal Code
the City Council finds the following:
a. Regarding the map or the property to which it pertains, there
are changes in circumstances which make any or all of the
conditions imposed upon the map no longer appropriate or
necessary.
The subject ownership .restriction indicated on the tract map
no longer benefits the homeowners, HOA, nor the City and
appears to serve no purpose. Removing the subject restriction
which states that " . . . City of Palm Springs approves the
recordation of this map as to a subsequent lease hold and that
the lots shown on said map will not be conveyed in fee . . . "
' will benefit the Deep Well Ranch homeowners; confusion
regarding ownership which affects the ability to obtain
mortgages, title insurance, etc . will be reduced and/or
eliminated.
b. The proposed modifications will not impose any additional
burden on the present fee owners of the property to which the
map pertains .
The removal of the subject restriction from the tract map will
not impose any additional burden on the present fee owners of
the Deep Well Ranch, since eliminating the mandatory lease
hold of the lots within Deep Well Ranch will actually help to
ease the burdensome effects the current ownership restriction.
C . The proposed modifications will not alter any right, title, or
interest in the real property to which the map pertains .
The proposed removal of the ownership restriction will not
alter any right, title or interest in the real property to
which the map pertains . Removing the current restriction
placed on the map will not directly affect any individual
homeowner since the individual homeowner subsequently may
choose whether or not to continue with the land lease .
d. The final map, as modified, conforms with the provisions of
state law and the Palm Springs Municipal Code for the ,approval
of subdivision or parcel maps .
Removing the ownership restriction from the map does not
affect any provisions of state law nor the Municipal Code;
such ownership restriction/lease hold restriction is not a
requirement of the Subdivision Map Act nor the City' s
Municipal Code.
R16967
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the '
City Council hereby approves the certificate of correction, Exhibit
A, as on file in the Office of the City Clerk, for a minor
modification to Final Recorded Map 4060 for Deep Well Ranch.
ADOPTED this 5th clay of February , 1997 .
AYES , Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ATTEST: CIT OF PALM SPRIN , =FORNIA
By
"'C-1- y Clerk it anag
REVIEWED & APPROVED_
as CA f at
1
Recording Requested By
and
When Recorded Mail to:
�+ CERTIFICATE OF CORRECTION �A
' I, Robert J. Mainiero certify that I am a Registered Civil Engineer of the State
of California.
That a survey was prepared under the supervision and direction of Albert A.Webb, a Registered Civil
Engineer of the State of California, RCE 11842, in Tract No. 4060. That said subdivision map was filed April
28, 1971 In Book 67, pages 99-100 of Maps, in the office of the Recorder of Riverside County, California;
That the following data shown on said Subdivision Map is to be corrected as follows:
(The first paragraph of City Clerk's Certificate)
(Existing Wording)
I, F.D. ALESHIRE, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS STATE OF CALIFORNIA HEREBY CERTIFY THAT SAID CITY COUNCIL AT ITS
REGULAR SCHEDULED MEETING HELD ON THE 8TH DAY OF MARCH, 1971 DULY APPROVED THE
ANNEXED MAP OF TRACT NO. 4060 AND SAID CITY OF PALM SPRINGS APPROVES THE
RECORDATION OF THIS MAP AS TO A SUBSEQUENT LEASEHOLD AND THAT THE LOTS SHOWN ON
SAID MAP WILL NOT BE CONVEYED IN FEE.
(Corrected Wording)
I, F.D. ALESHIRE, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS STATE OF CALIFORNIA HEREBY CERTIFY THAT SAID CITY COUNCIL AT ITS
REGULAR SCHEDULED MEETING HELD ON THE 8TH DAY OF MARCH, 1971 DULY APPROVED THE
ANNEXED MAP OF TRACT NO. 4060 AND SAID CITY OF PALM SPRINGS APPROVES THE
RECORDATION OF THIS MAP.
The present fee owner(s) of the property affected �aOFE�SS!(j�:.
by the a nis/are None
By
� o r _ O j!
,(
Ro erttJJ. Mai i o, RCE 25658 Exp. 12/31/97 Date j
STATE OF CALIFORNIA c C 25658 14
COUNTY OF Riverside UP 1131 97 �ff
On 12/18/96 before me, Sandra M. Stone at eP9J CIV!1
o y PTLic
personally appeared Robert J. Malni ro s FOt CAI�Fa�
EI personally known to me- OR-❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized ca acity(ies), and that by his/he/their signature(s) on the instrument the
person(s), or the entity upon behalf ofpwhich the person(s) acted, executed the instrument.
W)TNESS my hand and of I �SM M. 1c COMM.lI1021631
Notary PubllcCali(omia x
Ignature of Notary i RIVERSIDE COUNTY c
My Commission Expires
A
g rll p
CITY ENGINEER'S CERTIFICATE 9—,, :'� — r' 1, 1998 p
This Certificate of Correction has been examined by the undersigned and my examination discloses that
changes shown hereon are authorized by and comply with Government Code Section 66469 of the
Subdivision Map Act.
Dated
By_
David Barakian, City Engineer RCE 28931 Exp. 3131/99