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Home My WebLink About23983 RESOLUTION NO. 23983 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 GIRASOL AVENUE LOCATED AT THE IN i EKSEC i ION OF VISTA ukANDE IN SEL TION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA) (FILE R 15-10). WHEREAS, 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; and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for March 16, 2016, for City Council consideration of vacating and closing to public use a portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande; and WHEREAS, 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; and WHEREAS, in accordance with Section 8313 of the statute, and California Government Code Section 65402, the proposed vacation and abandonment of a portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande was submitted to and reported upon by the Planning Commission of the City of Palm Springs; and WHEREAS, on February 10, 2016, the Planning Commission of the City of Palm Springs adopted Resolution No. 6552 determining that the proposed vacation and abandonment of a portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande was in conformance with the Palm Springs General Plan; and WHEREAS, the City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the a portion of the public right- of-way dedicated for Girasol Avenue at the intersection of Vista Grande, 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; and Resolution No. 23983 Page 2 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 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: 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 a portion of the public right- of-way dedicated for Girasol Avenue at the intersection of Vista Grande is unnecessary for present or prospective public use. SECTION 2. The City Council does hereby vacate and abandon all the City's right, title and interest in a portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. SECTION 3. 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 portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande, as described and shown on Exhibits "A" and "B", shall be deemed vacated and closed to future public use. SECTION 4. The City Council hereby determines that the action undertaken by this Resolution vacating and abandoning all the City's right, title and interest in the portion of the public right-of-way dedicated for Girasol Avenue at the intersection of Vista Grande, 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. Resolution No. 23983 Page 3 ADOPTED THIS 16T" DAY OF MARCH, 2016. DAVID H. READY.—Cla AGER 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. 23983 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 March 16, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Councilmember Kors and Mayor Pro Tern Mills. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, California p3�.9�/201 G EXHIBIT"A" RIGHT OF WAY VACATION LEGAL DESCRIPTION R 15-10 VACATED AREA THAT CERTAIN PORTION OF LOT"A"OF AMENDED MAP OF CHINO VISTA,IN THE CITY OF PA!M SPRINGS,COUNTY OF 41VERSIDE,STATE OF C?L1FOP_NIA,AS SHORT' BY MAP 01`T FILE IN BOOK 21, PAGE 33,OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 29 OF SAID AMENDED MAP OF CHINO VISTA,SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LOT"A"; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89'38'00 W,A DISTANCE OF 111.28 FEET TO THE NORTHWEST CORNER OF SAID LOT 29; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE,N 00°22'00"E,A DISTANCE OF 5.00 FEET; THENCE EASTERLY AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY LINE, S 89.38'00 E,A DISTANCE OF 111.20 FEETTO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 29; THENCE S 00'33'30"1's,A DISTANCE OF 5.00 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED VACATED AREA CONTAINS 566 S.F.OR 0.01 AC.,MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS,CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHTS, RIGHTS OF WAY, EASEMENTS,OR EXCEPTIONS OF RECORD, IF ANY. MO g�9`F�o � Alg-A.McQ � i NOIV M PLAT WAS PREPARED FROU RECORD DATA AND w OWA¢Ae DOES NOT REPRESENT A PHA$ OF DK PRO"EIPTY EXHlBI T Rip 1) SNOAN IffREON NBS MAP HAS 6EEN APPROY£D VW W&MESSED C&OYMW THAT&#LOWG P£R,WJS SNAIL NOT BE 620 fOR ANY DECO°AIENT WNW DOS AaW7AENT PLAT LWIO. AECESSARY 9IF OMV TI[XIS� F ANY, NA 1£OCCURRED. NOTE.• t s DIERE MAY BE EASELIENIS Of G„ RECO40 DaMA IEO AND RETERBIQO q, ON DE LAMER WO MAP, OR RIDPL' MAY BE EASEMENTS NIDMI DK AREA BM AOMSIM THAT ARE NOT SROON All ON DOS DDLVMENT 7NAT ca" ENCUM8G4 SAM PARCEL KIM OCINITY MAP INDICA7ES AREA TO BE VACAIED k� � 1 C � ti LL=44.95 , 47�jp. e4- c R=20A0 4 d=t28�160 4 0' • q.� A" 'n ti ` n ,I LOT 29 P.O.B. 1 0 1 MB. 21/3a L l r / •�° J — lOT28 M.B. 2I/.I.7 LINE TABLE N 5I'�� E 75� LINE LENGTHI BEARING LI 5.00 1 N 00.33'30' W } LOT 27 L2 5.00 1 N 00'22'00' E l ' MA 211M STREET VACATION PLAT CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT 798' CTTY ENGN P R" DATE LEGAL DESCRIPTION: DESIGN 8Y: SCALE: FILE NO.: SEE£XN78IT "A" 1" = 40' 4092 CHECKED BY: SHEET NO.: R 15-10 1 OF 1