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Home My WebLink About24504 RESOLUTION NO. 24504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING A PORTION OF THE PUBLIC RIGHT- OF-WAY FOR CAMINO DEL MONTE NORTH OF CAMINO CARMELITA IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., (CASE NO. 3.529 — ENG. FILE R 18-02), 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 Division 9, Part 3, Chapter 4, of the Streets and Highways Code of the State of California (the "statute"), to summarily vacate a public street or highway, or parts thereof, within the limits of the City. B. Pursuant to Section 8331 of the statute, the City Council may consider summarily vacating a public street or highway if the following conditions are satisfied: (a) for a period of five consecutive years, the street or highway has been impassable for vehicular travel, and, (b) no public money was expended for maintenance on the street or highway during such period. C. Camino Del Monte was dedicated as a public street and is shown as Lot C on Palm Canyon Mesa Tract Unit No. 2, recorded November 13, 1927, in Map Book 16, Pages 41-42, inclusive, in Section 27, Township 4 South, Range 4 East. D. In accordance with California Government Code Section 65402, the proposed summary vacation and abandonment of a portion of Camino Monte north of Camino Carmelita was submitted to and reported upon by the Planning Commission of the City of Palm Springs. E. On July 25, 2018, the Planning Commission of the City of Palm Springs adopted Resolution No. 6697 determining that the proposed vacation and abandonment of a portion of Camino Monte north of Camino Carmelita was in conformance with the Palm Springs General Plan. Resolution No. 24504 Page 2 F. The portion of portion of Camino Monte north of Camino Carmelita, being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, has not been continuously used for over five consecutive years, is impassable for vehicular travel, and no public money has been expended for its maintenance. 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 a portion of the public right- of-way for Camino Del Monte located north of Camino Carmelita, shown as Lot C on Palm Canyon Mesa Tract Unit No. 2 recorded on November 13, 1927, in Map Book 16, Pages 41-42, inclusive, records of Riverside County, California, 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. The City Council does hereby declare that this summary vacation is being made under and pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, Summary Vacation, Section 8331 . SECTION 4. Subject to Section 5, the City Council does hereby vacate and abandon all of 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, the public street known as Camino Del Monte located within the Vacated Area shall no longer constitute a public street. Resolution No. 24504 Page 3 SECTION 5. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain natural gas pipelines, underground conduits and related facilities, 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 6. 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 7. The City Council hereby determines that the action undertaken by this Resolution is categorically exempt from CECA 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 17TH DAY OF OCTOBER, 2018. David H. Ready, Esq., P City Manager ATTEST: A ony J. Me a, MMC City Clerk Resolution No. 24504 Page 4 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. 24504 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 171h day of October, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, 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 3 5} day of 00oyDe-,— 2� Y A'A 4r � Anth'6ny J. Meji MM City Clerk SHEET 1 OF 2 SHEETS EXHIBIT "A" RIGHT OF WAY VACATION SEC. 27 T4S, R4E S.B.M. R18.02 A PORTION OF LOT "C" OF THE PALM CANYON MESA TRACT IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 16, PAGES 41 THROUGH 42 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 55 OF SAID TRACT; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 55, SOUTH 69019'WEST A DISTANCE OF 125.6 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 55 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69'19'00"WEST, ALONG THE SOUTHWESTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID LOT 55, A DISTANCE OF 40.79 FEET TO THE WESTERLY RIGHT OF WAY OF CAMINO DEL MONTE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 80.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 82014'36" EAST; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY THE FOLLOWING FOUR (4) COURSES: (1) ALONG SAID CURVE AN ARC DISTANCE OF 33.43 FEET THROUGH A CENTRAL ANGLE OF 23°56'24"; (2) THENCE SOUTH 16.11-WEST A DISTANCE OF 41.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 120.00 FEET; (3) THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 90.96 FEET THROUGH A CENTRAL ANGLE OF 43°26"; (4) THENCE SOUTH 27°15' EAST A DISTANCE OF 18.71 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 55: THENCE ALONG SAID PROLONGATION, NORTH 63054'00" EAST A DISTANCE OF 59.61 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 55 AND THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND THE WESTERLY LINE OF SAID LOT 55 AN ARC DISTANCE OF 31.0 FEET THROUGH A CENTRAL ANGLE OF 88°51' TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 80.00 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 55 THE FOLLOWING FOUR (4) COURSES: (1) THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 60.64 FEET THROUGH A CENTRAL ANGLE OF 43'26'; 13 SHEET 2 OF 2 SHEETS EXHIBIT "A" RIGHT OF WAY VACATION SEC, 27 T4S, R4E S.B.M. R18-02 (2) THENCE NORTH 16.1 V EAST A DISTANCE OF 41.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 120.00 FEET, (3) THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 5925 FEET THROUGH A CENTRAL ANGLE OF 28017'23"TO THE NORTHWESTERLY CORNER OF SAID LOT 55 AND THE TRUE POINT OF BEGINNING; SAID RIGHT A WAY CONTAINS 0.17 ACRES MORE OR LESS, SUBJECT TO ALL COVENANTS, RIGHTS, AND EASEMENTS OF RECORD. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. SAND s�RL�o P PHWP K FOMOTOR PHILLIP K. FOMOTOR, P.L.S. No.7070 DATE ( $ S 1p �s 0 TF OF CpL1F 4 14 EXHIBIT 1113 11 R18-02 P.O.C. \ MOST N'LY COR. \ LOT 55 569'19'00"W 40.79' rc 0 NW COR. NBT _ E (_R) _- cANln ALTURAS o tA'36 OF.LOT 55 --4-- -- . T.P.0.6. L=33.43' c'4y p g a (R=80.00') (L=59.25' R=120.00') A 23'S6'24" 4 2617'23" i 40 Z SITE LOT 69 LOT 55 y� CEP MB 16/ MB 16/41 -42 41 -42 a -r N.T.S. NOTE VACATION AREA= 0.17 AC l LEGEND zp 00, CQ ( ) RECORD DATA PER MB 16/41-42 ALL OTHER BEARINGS AND DISTANCES (L=90.96') HEREON ARE CALC'D PER RECORD DATA (R=120.00') ?OOO, PER MB 16/41-42 (A 43'26') /� AREA 10 BE VACATED (L=60.64' R=80.00' A 43.26') (L=31.0' R=20.00' A 88.51.) \qO gdl LOT 68 `S6�5AE MB 16/ S2606'E(R) 41 -42 - - - P NJ'�� NORTH N27'15'W ya00 ` 18.71' Poo 0 30' 60' SCALE 1"= 30' APP OVED: 9-25-18 CITY OF PALM SPRINGS DATE PUBLIC WORKS & ENGINEERING 7731 DEPARTMENT ROBERT DLLERTON P.L.S. ENGINEERING RESOURCES INC. RIGHT-OF-WAY/EASEMENT VACATION DESIGN BY: SCALE: FILE NO.: J.L.G. 1" 30' R18-02 LEGAL DESCRIPTION: SEE EXHIBIT "A" CHECKED BY: W.O. SHEET NO.: P.K.F. 1 OF 1 15