HomeMy WebLinkAbout24463 RESOLUTION NO. 24463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
37245 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH ENCLAVE Q
BARISTO, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF BARISTO ROAD AND
HERMOSA DRIVE, IN SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of May 24, 2017, recommended approval of Tentative Tract Map 37245, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of July 19, 2017, approved Tentative Tract Map 37245 subject to conditions;
and
WHEREAS, Enclave Cat Baristo, LLC, (hereinafter the "Subdivider"), has filed Tract
Map 37245 with the City in accordance with Section 66458 of the California Government
Code; and
WHEREAS, Subdivider proposes the abandonment of an easement for sewer and
public utility purposes in favor of the City of Palm Springs per Instrument No. 100107
recorded May 16, 1979, and re-recorded per Instrument No. 117564 on June 7, 1979,
within the boundary of Tract Map 37245, pursuant to Section 66434 (g) of the California
Government Code; and
WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs; an
easement for public purposes over Lots "A" though "D" inclusive for public street, utilities
and sewer purposes; an easement over the private street shown as "33 PSE" for public
utilities, with the right of ingress and egress of service and emergency vehicles and
personnel and for sewer purposes; an easement for public utility and sewer purposes
shown as "5 P.U.E." and "10 P.U.E." and all as shown on Tract Map 37245; and
WHEREAS, required public improvements have not been completed by the
Subdivider as of the filing of Tract Map 37245, and the Subdivider has requested that the
City enter into a Subdivision Improvement Agreement with the Subdivider to secure the
cost of public improvements in accordance with Section 66462 of the California
Government Code.
Resolution No. 24463
Page 2
NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Tract Map 37245 is in substantial conformance with the approved
Tentative Tract Map 37245.
SECTION 3. Tract Map 37245 is in conformance with the General Plan.
SECTION 4. Tract Map 37245 conforms to all requirements of the Subdivision
Map Act of the State of California.
SECTION 5. The abandonment of an easement for sewer and public utility
purposes in favor of the City of Palm Springs per Instrument No. 100107 recorded May
16, 1979, and re-recorded per Instrument No. 117564 on June 7, 1979, within the
boundary of Tract Map 37245, is approved pursuant to Section 66434(g) of the California
Government Code.
SECTION 6. In accordance with Section 66477.1 of the California Government
Code, the offers of dedication to the public on Tract Map 37245 shall be accepted by the
City Clerk, subject to improvement, who shall certify acceptance by signature on the map
thereof.
SECTION 7. The City Council hereby approves a Subdivision Improvement
Agreement for Tract Map 37245 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for the Works of
Improvements.
SECTION 8. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
SECTION 9. The City Clerk shall cause to have recorded the Subdivision
Improvement Agreement with the Riverside County Recorder.
SECTION 10. Tract Map 37245 is hereby approved for purposes therein defined.
Resolution No. 24463
Page 3
ADOPTED THIS 11T" DAY OF JULY, 2018.
David H. Ready, Es
City Manager
ATTEST:
ny J. Mej , MM
City Clerk
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. 24463 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 11th day of July, 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 day of
Ant y J. Mejia MC
City Clerk