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Home My WebLink About24088 RESOLUTION NO. 24088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A SEWER AND PUBLIC UTILITY EASEMENT PREVIOUSLY RESERVED WITHIN THE VACATED PORTION OF PATENCIO ROAD, BETWEEN LINDA VISTA DRIVE AND RAMON ROAD, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., FILE R 15-14, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). WHEREAS, 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 service easement, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8333 of the statute, the City Council may consider summarily vacating public service easements if the easement has been determined to be in excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, on July 5, 1978, the City Council of the City of Palm Springs, adopted Resolution No. 12695, vacating and abandoning a portion of Patencio Road, between Linda Vista Drive and Ramon Road, and reserving unto the City an easement for sewer and public utility purposes there over; and WHEREAS, in accordance with California Government Code Section 65402, the proposed vacation and abandonment of the easement for sewer and public utility purposes over the vacated portion of Patencio Road between Linda Vista Drive and Ramon Road was submitted to and reported upon by the Planning Commission of the City of Palm Springs; and WHEREAS, on August 10, 2016, the Planning Commission of the City of Palm Springs adopted Resolution No. 6580 determining that the proposed vacation and abandonment of the easement for sewer and public utility purposes over the vacated portion of Patencio Road between Linda Vista Drive and Ramon Road was in conformance with the Palm Springs General Plan; and WHEREAS, the portion of the easement for sewer and public utility purposes over the vacated portion of Patencio Road between Linda Vista Drive and Ramon Road, being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, has been determined to be excess by the City of Palm Springs, and there are no other public facilities located within the easement; and WHEREAS, 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 15305 "Minor Alterations in Land Use Limitations," Class 5 projects consist of minor alterations in land use limitations in areas Resolution No. 24088 Page 2 with an average slope of less than 20%, which do not result in any changes in land use or density; and WHEREAS, 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 City Council does hereby find that the summary vacation is exempt from the provisions of CEQA pursuant to Section 15305 of the CEQA Guidelines. SECTION 2. The City Council hereby declares that this vacation is being made under and pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8333, and that the easement has been determined to be in excess by the easement holder, and there are no other public facilities located within the easement. SECTION 3. The City Council does hereby find that the easement for sewer and public utility purposes reserved over the portion of Patencio Road between Linda Vista Drive and Ramon Road, vacated on July 5, 1978, by the City of Palm Springs, through Resolution No. 12695, recorded July 11, 1978, as Document No. 142399, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, (hereafter the "Vacated Area"), is unnecessary for present or prospective public use. 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, the sewer and public utility easements located within the Vacated Area no longer constitute public service easements. 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. 24088 Page 3 ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016. DAVID H. READY, AGER ATTEST: ES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24088 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 215t day of September, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: None, ABSTAIN: None. MES THOMPSON, CITY CLERK City of Palm Springs, California LEGAL DESCRIPTION EXHIBIT"A" R 15-14 PARCEL 1: ALL THAT PORTION OF THE EASEMENT FOR SEWER AND PUBLIC UTILITY PURPOSES AS DESCRIBED IN THE DOCUMENT RECORDED JULY 11, 1978 AS INSTRUMENT NO. 142399 OF OFFICIAL RECORDS, SAID PORTION LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF LOT 8, IN BLOCK 4 OF PALM SPRINGS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 432 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT OF WAY OF PATENCIO ROAD (VACATED) 100.00 FEET NORTH OF THE NORTH LINE OF SOUTH STREET AS SHOWN ON SAID MAP,ALSO KNOWN AS RAMON ROAD,THENCE WEST 50.00 FEET TO A POINT, SAID POINT BEING NORTH 100.00 FEET OF THE SAID NORTH LINE OF SOUTH STREET, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF VACATED PATENCIO LANE; THENCE NORTH, ALONG THE WEST LINE OF SAID PATENCIO ROAD, NORTH 00908,w, WEST, A DISTANCE OF 85.00 FEET TO A POINT IN THE RIGHT OF WAY OF WEST LINDA VISTA DRIVE,SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 60.00, A RADIAL TO SAID POINT BEARS SOUTH 00208'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56226'34", A DISTANCE OF 59.11 FEET; THENCE SOUTH, ALONG SAID EAST LINE PATENCIO ROAD, A DISTANCE OF 111.81 FEET TO THE POINT OF BEGINNING. CONTAINING 4,647 SQUARE FEET PARCEL 2: ALL THAT PORTION OF THE EASEMENT FOR SEWER AND PUBLIC UTILITY PURPOSES AS DESCRIBED IN THE DOCUMENT RECORDED 1ULY 11, 1978 AS INSTRUMENT NO. 142399 OF OFFICIAL RECORDS, SAID PORTION LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH 100 FEET OF WEST AVENUE, LYING NORTH OF THE NORTH LINE OF SOUTH STREET, NOW KNOWN AS RAMON ROAD, AS SHOWN ON THE MAP OF PALM SPRINGS ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, SAID PORTION OF WEST AVENUE HAVING BEEN VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY, CALIFORNIA, A CERTIFIED COPY OF SAID RESOLUTION HAVING BEEN RECORDED OCTOBER 11, 1933 IN BOOK 142 PAGE 260 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. CONTAINING 5,023 SQUARE FEET SU9LFs- CHARLES J. : 09 BONADI,MAN * PLS 8922 ter Ex. �CF CAUF4j EXHIBIT "B" 1 OF 2 N E R 15-14 Q L P w L I N D A V I S T A \N 6" W 3 -EX. POD —� 8" SS Sg6 3%A/ R/ HEREON LACE IONSFOR SHOW REFERENCE ti PURPOSES ONLY. EASTERLY ROW LINE �0.0�A PATENCIO ROAD WESTERLY ROW P, 6' 1V PAR VACATED n �pLANDSU PATENCIO ROAD 1n L 2,523 S.F. R Gk,� 96Ft CL 50' P.U.E. *� SONAA�DIMAN :�9 �r PLS SCALE 1"=30' U Q I O Z SINGLE v a x Ole, 3 Z N > A ¢ d'J9 g• 2-4 -le- STORY �P RESIDENCE p FW W 2 �Of CALIF% NW COR. o 3 LOT 8 EL 2 P.O.B. O S8950'00"W v z WEST750'A S0.50' ¢POR. INSTRUMENT TCH LINE W. LINDA VISTA ui NO 142399 OR SHEET 2 TO BE VACATED APN: 513-193-031 S ITE W. RAMON RD. NTS VICINITY MAP SINGLE EXHIBIT 11B11 2 ❑ F 2 STORY RESIDENCE R 15-14 MATCH LINE ' S 1 WEST Tr75HEET S8950'00"W 101.00' 9' 16' 150' 50.50' 50.50' PARCEL2 is ° W 5,023 S.F. o SCALE 1"=30' > M CA M O O W Q I Wr �Ia OO to to tO I 'W N ul W a Z a a a A APN: a 513-193-030 2 50' P.U.E. POR. INSTRUMENT N0. 142399 9' 1s' 50, 50.50' 50.50' TO BE VACATED EAST 75' N8950'00"E 101.00' R A M O N R D ( S O U T H STREET ) ao 0 Nes CURB & GUTTER z a CHAR LES J. SONADIMAN PLS 8922 +k W. UNDA VISTA 1 SITE 2'� �. W. RAMON RD. NTS OF VICINITY MAP