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Home My WebLink About23973 RESOLUTION NO. 23973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CAMINO PAROCELA LOCATED ON THE EAST AND WEST SIDES OF FERN CANYON DRIVE. IN SECTION 22. TOWNSHIP 4 SOUTH, RANGE d PAST FILE k 14-26, ANU 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 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 February 17, 2016, for City Council consideration of vacating and closing to public use portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive; 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 portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive was submitted to and reported upon by the Planning Commission of the City of Palm Springs; and WHEREAS, on September 9, 2015, the Planning Commission of the City of Palm Springs adopted Resolution No. 6526 determining that the proposed vacation and abandonment of portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive 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 portions of the public right-of- way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive, 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 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 Resolution No. 23973 Page 2 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 CEOA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that portions of the public right- of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive are unnecessary for present or prospective public use. SECTION 2. Subject to Sections 3, 4, 5, and 6 herein, the City Council does hereby vacate and abandon all the City's right, title and interest in the portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. SECTION 3. The owners, lessees, or agents of the property located at 599 S. Fern Canyon Drive (Assessor Parcel Number 513-270-007) and the vacant property (Assessor Parcel Number 513-270-006) located adjacent to the subject portions of the public right-of-way dedicated for Camino Parocela to be vacated, shall be required to submit street improvement plans identifying the removal of existing street improvements and construction new street improvements as may be necessary to facilitate the requested right-of-way vacation, as required and approved by the City Engineer, and shall be responsible for all costs associated therewith. SECTION 4. The owners, lessees, or agents of the property located at 599 S. Fern Canyon Drive (Assessor Parcel Number 513-270-007) and the vacant property (Assessor Parcel Number 513-270-006) located adjacent to the subject portions of the public right-of-way dedicated for Camino Parocela to be vacated, shall be required to remove and reconstruct existing street improvements, as identified on street improvement plans for the reconstructed portions of Camino Parocela, as approved by the City Engineer, and shall be responsible for all costs associated therewith. SECTION 5. The owners, lessees, or agents of the property located at 599 S. Fern Canyon Drive (Assessor Parcel Number 513-270-007) and the vacant property (Assessor Parcel Number 513-270-006) located adjacent to the subject portions of the public right-of-way dedicated for Camino Parocela to be vacated, shall be required to remove and relocate the existing domestic water facilities located within the vacated area, subject to the approval of the Desert Water Agency, and shall be responsible for all costs associated therewith. Resolution No. 23973 Page 3 SECTION 6. In the event the obligations set forth in Sections 3, 4 and 5 herein above are not fulfilled to the satisfaction of the City Engineer or Desert Water Agency within three (3) years of the date of the adoption of this Resolution, the action taken by the adoption of this Resolution vacating and abandoning all the City's right, title and interest in the portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive, as described and shown on Exhibits "A" and "B", shall be deemed null and void, and the action automaticallv rescinded. SECTION 7. That, upon notification from the City Engineer that the obligations set forth in Sections 3, 4 and 5 herein above have been satisfied, 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 portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive, as described and shown on Exhibits "A" and "B", shall be deemed vacated and closed to future public use. SECTION 8. 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 portions of the public right-of-way dedicated for Camino Parocela located on the east and west sides of Fern Canyon Drive, 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 17TH DAY OF FEBRUARY, 2016. DAVID H. READY, CI IdAGER ATTEST: `HOMES THOMPSON. CITY CLERK Resolution No. 23973 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON. Citv Clerk of the City of Palm Springs, hereby certify that Resolution No. 23973 is a Tull, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 17th day of February, 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. AMES THOMPSON, CITY CLERK City of Palm Springs, CalifoA$41Zo) is EXHIBIT "A" RIGHT OF WAY VACATION R 14-26 PORTION"A" BEING A PORTION OF LOT"C"OF TRACT NO. 2726 AS FILED IN MAP BOOK 63 AT PAGE 90, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT"C", THE FOLLOWING TWO COURSES BEING ALONG THE WEST AND NORTH LINE OF SAID LOT"C% THENCE NORTH 000-03'-00"WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 89046'-44"EAST A DISTANCE OF 99.91 FEET; THENCE SOUTH 000-03'-00" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF SAID LOT"C" THENCE NORTH 890-46'-44"WEST ALONG SAID SOUTH LINE A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD IF ANY. AREA OF VACATION CONTAINS 2,988.90 SO. FT. (0.0686 AC) MORE OR LESS PRE4RED BY SANN At oE�S�aa LL LAND H6\Q�F' J L. NBORN, PLS 4146 5 4/15 W008-lal 1� L.S. 4146 EXP. 6/30/16 I.= `F O O� CA L� EXHIBIT "A" RIGHT OF WAY VACATION R 14-26 PORTION "B" BEING A PORTION OF LOT"C"OF TRACT NO.2726 AS FILED IN MAP BOOK 53 AT PAGE 90. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT'C', THE FOLLOWING TWO COURSES BEING ALONG THE EAST AND NORTH LINE OF SAID LOT'C% THENCE NORTH 000-00'-54"WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 890-46'-44'WEST A DISTANCE OF 99,63 FEET; THENCE SOUTH 000-03'-00" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF SAID LOT"C" THENCE SOUTH 890-46'-04" EAST ALONG SAID SOUTH LINE A DISTANCE OF 99,63 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD IF ANY. AREA OF VACATION CONTAINS 2,988.90 SO. FT. (0.0686 AC)MORE OR LESS PREP ED BY SA A/E SS`��LL _LAND sp eEy p�N L 34,PA- 9p�i J SAN RN, PLS 4146 QQ � 5 4115 WO 08-181 I L S. 4146 EXP. 6/30/36 9T` 0� CALIF EXHIBIT "B" DA TA DELTA/BEARING LEN./DIST. S 00°03'00" E 30.00' t4 D � O �a LOT 5 ' ® LOT R A " N 89°46'44"W 140.00' Z N 89°4644"W 139.71' LOT 6 3 3 APN o o LOT 7 3 O 513-270-007 h "'� "� APN O O• 513-270-006 Ao 3 O O O p O O PORTION A" TO 2 2 o POR710N B" TO al BE VACA7ED 13=20' 25' 25 R20' BE VACATED NZ c N 89°4644"W 119.90 ; .N 89°46'44"W 120.12' o g 9\ 1 CAAAW P ROCELA 1 9\\\ f00.00 5.09T 65.37' 99.63' N 89046'44"W 330.04' N 69 4644"W P.O.B. APN P.O.B. p PCL "A" 513-250-029 S��Np` L�S4N spay PCL "B" ao�y �9 LS. 4146 GRAPHIC SCALE Nam` 30 0 60 120 160 SCALE 1"=60' OF CA APPROVED: CITY OF PALM SPRINGS DATE (a PUBLIC WORKS & ENGINEERING 7987 DEPARTMENT CITY ENGINEER R.C.E. VACATION OF RIGHT-OF-WAY DESIGN BY SCALE.• FILE NO.: LEGAL DESCRIPTION D.N. 1" � 60' R 14-26 SEE EXHIBIT 'A" CHECKED BY. W.O. # SHEET NO.: J.L.S. 08-181 1 OF 1