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Home My WebLink About23975 RESOLUTION NO. 23975 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 AN EASEMENT FOR PUBLIC UTILITY AND SEWER PURPOSES OVER LOT "I" OF TRACT MAP 32233-5, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE R 15-13). WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 4, Part 3, Division 9 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 following conditions are satisfied: (1) the date of dedication is less than five years, and more than one year, and the easement was not used continuously since their dedication, and (2) the easement has been determined to be in excess by the easement holder, and there are no public facilities located in the easement; and WHEREAS, an original dedication of an easement for public utility and sewer purposes was made over Lot "I" of Tract Map 32233-5, recorded in Map Book 439, Pages 78 — 85, on December 26, 2013, records of Riverside County, California; and WHEREAS, in accordance with California Government Code Section 65402, the proposed vacation and abandonment of a portion of the public utility and sewer easement dedicated over said Lot "I" 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 determined that the proposed vacation and abandonment of a portion of the public utility and sewer easement dedicated over said Lot "I" was in conformance with the Palm Springs General Plan; and WHEREAS, the portion of the public utility and sewer easement dedicated over said Lot "I", being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, was dedicated less than five years and more than one year immediately preceding the proposed vacation, and the easement was not used continuously since that date; and Resolution No. 23975 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 15305 "Minor Alterations in Land Use Limitations," consist of projects that do not result in any change in land use or density on sites with less than twenty percent slope, such as lot line adjustments, minor encroachment permits, and reversion to acreage, and the proposed action involves the summary vacation of an easement for public utility and sewer purposes which would not increase the density of development in this area on a site that is relatively flat, with no other special circumstances exist that would create a reasonable possibility that the proposed action will have a significant adverse effect on the environment; and WHEREAS, in accordance with Section 15305 of the CEQA Guidelines, the City Council has determined that action to summarily vacate the easement for public utility and sewer purposes 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 adopt this Resolution in accordance with Chapter 4 "Summary Vacation," of Part 3 "Public Streets, Highways, and Service Easements Vacation Law," of Division 9, "Change of Grade and Vacation" of the California Streets and Highways Code (Section 8330 et. seq.). SECTION 2. The City Council does hereby summarily vacate and abandon all the City's right, title and interest in a portion of the public utility and sewer easement dedicated over Lot "I" of Tract Map 32233-5, recorded in Map Book 439, Pages 78 — 85, on December 26, 2013, records of Riverside County, California, being the vacated area described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof. SECTION 3. The City Council has determined that the summary vacation of the portion of the public utility and sewer easement dedicated over said Lot "I" is made pursuant to Section 8333(b) of the California Streets and Highways Code, in that the easement was dedicated less than five years, and more than one year, immediately preceding the adoption of this Resolution, and the easement was not used continuously since that date. SECTION 4. 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 utility and sewer easement dedicated over said Lot "I", as described and shown on Exhibits "A" and "B", shall be deemed vacated, abandoned, and shall no longer constitute a public service easement. SECTION 5. The City Council hereby determines that the action undertaken by this Resolution summarily vacating and abandoning all the City's right, title and interest Resolution No. 23975 Page 3 in the portion of the public utility and sewer easement dedicated over said Lot "I", as described and shown on Exhibits "A" and "B", is categorically exempt from CEQA pursuant to Section 15305 "Minor Alterations in Land Use Limitations." ADOPTED THIS 17T" DAY OF FEBRUARY, 2016. DAVID H. READY, Cl GER 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. 23975 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 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. ES THOMPSON, CITY CLERK City of Palm Springs, California wrI,4J4m, EXHIBIT `A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT VACATION IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT °I° OF TRACT MAP NO. 32233-5.AS SHOWN BY MAP ON FILE IN BOOK 439 OF MAPS, AT PAGES 78 THROUGH 85, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECT ION 7, Ti+b:!!!sr!!r`4. EOUIH.., R°&w'UE 5 EAST, SAN BERNARDINO MERIDIAN. EXCEPTING THEREFROM THE SOUTHWESTERLY 10.00 FEET ALONG AND ADJOINING THE PRIVATE STREET SHOWN AS CELADON STREET ON SAID MAP, AS DEPICTED IN EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: 2.A�L- CHARLES R. HARRIS P.L.S. 4989 CNAFU9 R NAME DATED: / EXP. 12131/2015 1 No. 4989 1 � 9 7� OF PAGE PAGE 1 OF 1 EXHIBIT °BV VACATION OF PUE RIGHTS OVER A PORTION OF LOT "I" OF TRACT MAP NO. 32233-5, MS 439/78-85 0' 80• JQ �. 27 SCALE 1" 40' \ 26 10' PUE PER MB 439/78-85 \OT uNF � 25 \ \ PUE RIGHTS REMAIN PER TR. 32233-5 60 F \ N � 61 �:rA�9l�s �•. 9� \ 24 � 1 Lq� 62 ' R / 10' PUE PER 23 MS 439/78-85 o. 4989 �OF GATED; q /S' MSA CONSULTING, INC. PLAN o ■ CIVIL ENGINEERING ® — AREA OF PUE VACATION ID LAND SURVEYING = 0.115 AC. J.N. 1609 SHEET 1 Of 1