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HomeMy WebLinkAbout24032 RESOLUTION NO. 24032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CAHUILLA ROAD LOCATED BETWEEN BARISTO ROAD AND RAMON ROAD LOCATED IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE R 15-07). 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 Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use right-of-way dedicated for public streets, or parts thereof, within the limits of the City. B. Pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for June 1, 2016, for City Council consideration of vacating and closing to public use a 13 feet wide portion of the public right-of-way located on the east side of Cahuilla Road immediately adjacent to the property identified by Assessor's Parcel Number (APN) 513-202-009 located between Baristo Road and Ramon Road, (the .'subject public right-of-way"). C. The City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public right-of-way, as required by the statute. D. In accordance with Section 8313 of the statute, and California Government Code Section 65402, the proposed vacation and abandonment of a portion of the subject public right-of-way was submitted to and reported upon by the Planning Commission of the City of Palm Springs. E. On March 23, 2016, the Planning Commission of the City of Palm Springs adopted Resolution No. 6562 determining that the proposed vacation and abandonment of the subject public right-of-way was in conformance with the Palm Springs General Plan. F. The City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the subject public right-of-way, being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, and the need therefore for present and prospective public use. G. Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"), and pursuant to Resolution No. 24032 Page 2 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 above findings are all true and correct. SECTION 2. The City Council does hereby find that the 13 feet wide portion of the public right-of-way located on the east side of Cahuilla Road immediately adjacent to the property identified by Assessor's Parcel Number (APN) 513-202-009 located between Baristo Road and Ramon Road is unnecessary for present or prospective public use. SECTION 3. Subject to Section 4, the City Council does hereby vacate and abandon all the City's right, title and interest in the 13 feet wide portion of the public right-of-way located on the east side of Cahuilla Road immediately adjacent to the property identified by Assessor's Parcel Number (APN) 513-202-009 located between Baristo Road and Ramon Road, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. SECTION 4. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain sanitary sewer lines, domestic water lines, natural gas pipelines, communication cables, underground electrical conduits and facilities, and any other facility of any governmental agency or utility corporation 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 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. Upon recordation of this Resolution, the 13 feet wide portion of the public right-of-way located on the east side of Cahuilla Road immediately adjacent to the property identified by Assessor's Parcel Number (APN) 513-202-009 located between Baristo Road and Ramon Road, as described and shown on Exhibits "A" and "B", shall be deemed vacated, subject to Section 4, and closed to future public use. Resolution No. 24032 Page 3 SECTION 6. The City Council hereby determines that the action undertaken by this Resolution vacating and abandoning, subject to Section 4, all the City's right, title and interest in the 13 feet wide portion of the public right-of-way located on the east side of Cahuilla Road immediately adjacent to the property identified by Assessor's Parcel Number (APN) 513-202-009 located between Baristo Road and Ramon Road, as described and shown on Exhibits "A" and "B", is categorically exempt from CEQA 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 1ST DAY OF JUNE, 2016. DAVID H. READY, ANAGER ATTEST: MES 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. 24032 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 1st day of June, 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. ,�04MES THOMPSON, CITY CLERK City of Palm Springs, California C&MW Zot` EXHIBIT 16A" RIGHT OF WAY VACATION LEGAL DESCRIPTION R 15-07 PORTION "A" BEING A PORTION OF CAHUILLA ROAD (ORANGE AVENUE)AS SHOWN BY MAP OF PALM SPRINGS ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 17 OF SAID MAP OF PALM SPRINGS,THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF SAID CAHUILLA ROAD A DISTANCE OF 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH A DISTANCE OF 154,00 FEET; THENCE WEST, A DISTANCE OF 13.00 FEET; THENCE PARALLEL TO SAID EAST RIGHT-OF-WAY LINE, NORTH A DISTANCE OF 154.00 FEET; THENCE EAST, A DISTANCE OF 13.00 FEET TO THE TRUE POINT OF BEGINNING, AREA OF VACATION CONTAINS 2,002 SQ. FT. (0.046 AC) MORE OR LESS PREPAR D BY SANBORN E, I SS`ON�L 6A.9� SG L S4*' \a JObfN L. ANB RN,LPLS41146 7/ JIIS WO 14.110 L.S. 4146 1 � EXP. 6/30/16 z OF CALIF -2 EXHIBI T "B" BARISTO ROAD m WEST 257.50' P.O.C. I 2 I ' ' I ' dZ o 0 11' c = s w 3 o �p� Op pp��l ©pL'70C�GffD Z DbOQI� 4U g J 33 WEST 0 cz]. Dl�Qg I�.Q.Q�. 93 CC 20• 13.a _ O — WEST 257.50' U paa¢©a p 6o0 w 66G1 DD-0 H o o -^ m cc cc z° °z �1Q fl/aflp ©.D.6l7. I PORTION TO 66G7- C7-0�3 g' BE VACATED � WESTi257.50' WEST L,O° t? 417 13.0• 4o-oa�S�oO LL L34 r,. ,� LS. 4146 * EXP. 8/30/18 *' 60 30 0 60 120 4`y �0F CAy\qo SCALE 1:60• GRAPHIC SCALE o APPROVED: CITY OF PALM SPRINGS DATE PUBLIC WORKS & ENGINEERING 7987 DEPARTMENT CITY ENGINEER P.L.S. VA CA TION RIGH T—OF— WA Y DESIGN er. SCALE: n E NO., LEGAL DESCNlPRON. J.L.S. 1" = 60• R 15-07 SEE EXHIBIT "A" CHECKED ftr wo. / SHEEr Na: J.L.S. 14-110 1 OF f THIS MAP WAS PREPANEO FOP ASSESSMENT PUftPO5E50NLY. NOLIABIIItt POR. 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