HomeMy WebLinkAboutRES 2022-021RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
CITY CLERK'S RECEIV�OFFICE PALM DESERT, CA
1Q2 APR -6 PM 3: 01
2022-0150471
03/29/2022 03:07 PM Fee: $ 0.00
Page 1 of 8
Recorded in official Records
county of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
Jill
(This Space for Recorder's Use Only) 2,ta x'
Vacation of Unused Portion of
San Pablo Avenue Right -of -Way
Approval of a Summary Vacation of an Unused Portion of San Pablo Avenue Right -of -Way Under
Provisions of Division 9, Part 3, Chapter 4 of the Streets and Highways Code of the State of California a
the Southeast Corner of Fred Waring Drive and San Pablo Avenue to be in Conformance With the City's
General Plan
Resolution No. 2022-21
(PASSED, APPROVED, and ADOPTED March 10, 2022)
(Title of Document)
RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF
EXEMPTION IN ACCORDANCE. WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A
SUMMARY VACATION OF AN UNUSED PORTION OF SAN PABLO
AVENUE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART
3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE
OF CALIFORNIA AT THE SOUTHEAST CORNER OF FRED WARING
DRIVE AND SAN PABLO AVENUE TO BE IN CONFORMANCE WITH
THE CITY'S GENERAL PLAN
WHEREAS, the San Pablo Avenue Phase improvements (Project Nos. 691-16 and
681-20) reconstructed San Pablo Avenue to its final width; and
WHEREAS, the City Council of the City of Palm Desert ("City Council") has
determined that the excess public right-of-way exists along San Pablo Avenue at the
intersection with Fred Waring Drive ("Excess ROW"); and
WHEREAS, the City Council may vacate all or part of a street, highway, or public
service easement pursuant to the Public Streets, Highways, and Service Easements
Vacation Law (California Streets & Highways Code, § 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to
the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled
"Summary Vacation," of the California Streets and Highways Code; and
WHEREAS, the City Council finds that the Excess ROW does not serve a public
benefit; and
WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant
to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code
because the Excess ROW (1) has not been paved, has not been used for the past five
consecutive years for vehicular travel, and no public money has been used for its
maintenance; (2) has been determined to be excess by the City, and there are no other
public facilities located within it; (3) is not required for street or highway purposes; and (4)
does not contain public utility facilities that are in use or would be affected by the vacation;
and
WHEREAS, pursuant to Government Code section 65402(a), the Planning
Commission of the City of Palm Desert reviewed the proposed vacation of the Excess
ROW at its regularly scheduled meeting on February 1, 2022, and found that vacation of
the Excess ROW conforms with the City's General Plan; and
RESOLUTION NO. 2022-21
WHEREAS, all other legal prerequisites of the adoption of this Resolution have
occurred; and
WHEREAS, pursuant to California Streets and Highways Code section 8366, the
City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under
seal, to be recorded without acknowledgment, certificate of acknowledgment, or further
proof in the Office of the Recorder of the County of Riverside, and no fee shall be charged
for this recordation.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Order of Vacation. The City Council, under the authority vested in it
by the California Streets and Highways Code, Division 9 - Change of Grade and Vacation,
Part 3 - Public Streets, Highways, and Service Easements Vacation Law (Sections 8300
et seq.), Chapter 4 - SummaryVacation (Streets & Highways Code sections.8330 et seq.),
hereby orders the vacation of Excess ROW (the right-of-way known as a portion of San
Pablo Avenue described and as set forth in Exhibits "A" and "B" attached hereto and
incorporated herewith).
Section 3. Authority for Vacation. The Excess ROW satisfies the criteria for
summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California
Streets and Highways Code because the Excess ROW (1) has not been paved, has not
been used for the past five consecutive years for vehicular travel, and no public money
has been used for its maintenance; (2) has been determined to be excess by the City and
there are no other public facilities located within it; (3) is not required for street or highway
purposes; and (4) does not contain public utility facilities that are in use or would be
affected by the vacation.
Section 4. General Plan Conformity. The vacation of the Excess ROW has
been found by the Planning Commission of the City of Palm Desert to be in conformity
with the City of Palm Desert General Plan.
Section 5. CEQA Finding. This action is categorically exempt from CEQA
pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration
in land use limitations.
Section 6. Certification, Recordation, and Retention. Pursuant to California
Streets and Highways Code section 8336, the City Clerk shall cause a certified copy of
this Resolution, attested by the City Clerk under seal, to be recorded without i
acknowledgment, certificate of acknowledgment, or further proof in the Office of the
Recorder of the County of Riverside, and no fee shall be charged for this recordation. The
City Clerk shall permanently maintain a true and correct copy of this Resolution in the City
RESOLUTION NO. 2022-21
Clerk's Office.
Section 7. Effective Date. This Resolution shall become effective upon its
adoption. Upon the recordation required hereby, the vacation is complete.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council of the
City of Palm Desert, California, at its regular meeting held on the loth day of March 2022,
by the following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
NIAMH M. ORTEGA-,OEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
f
l 1-Ile fly ,.?/o /�/ i,
JAN C. HARNIR, MAYOR
EACH DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED IS CERTIFIED TO BE A FULL TRUE AND
CORRECT COPY OF THE ORIGINAL ON FILE AND
ON RECO D IN MY OFFICE.
By: y r
THONY J. CITY CLERK
CITY OF PALM ESERT, CALIFORNIA
Date: 03 hi 17022,
RESOLUTION NO. 2022-21
[This page has intentionally been left blank.]
RESOLUTION NO. 2022-21
MICHAEL BAKER INTERNATIONAL
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
SAN PABLO AVENUE PARTIAL VACATION
January 31, 2019
Page 1 of 2
A portion of Lot 1 of Palma Village Groves, in the City of Palm Desert, County of Riverside,
State of California, as per map filed in Book 20, Page 51, of Maps in the office of the County
Recorder of said county, and also being those portions of land described in Quitclaim Deed
recorded July 21, 2014, as Document No. 2014-0268935, and in "Easement" recorded June 22,
1983, as Instrument No. 124086, both of Official Records of said county, described as follows:
BEGINNING at the northeast corner of said land described in Quitclaim Deed per Document
No. 2014-0268935, said northeast corner being in the north line of said Lot 1;
thence along the easterly line of said land described in Document No. 2014-0268935, the
following five (5) courses:
South 44°25'49" West 32.95 feet;
thence South 2056'13- West 196.45 feet;
thence South 0010'04" East 57.30 feet;
thence South 45015'06" East 18.70 feet;
thence South 0°20'07" East 7.53 feet to a line parallel with and 1.00 foot northerly, measured at
right angles, from the south line of said Lot 1;
thence leaving said easterly line along said parallel line South 89044'00" West 15.01 feet;
thence North 0016'00" West 0.74 feet;
thence North 45013'49" West 18.88 feet:
thence North 0°08'40" West 64.41 feet;
thence North 2057'25" East 202.53 feet;
thence North 44°27'17" East 23.80 feet to the north line of said Lot 1;
thence along said north line North 89046'00" East 21.10 feet to the Point of Beginning.
I
RESOLUTION NO. 2022-21
EXHIBIT "A"
SAN PABLO AVENUE PARTIAL VACATION
January 31, 2019
Page 2 of 2
As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof.
CONTAINING: 4672 s.f., more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
This description as prepared by
me or under m directio/n%�'F /
r . Alber� .s850500-�8—
Chns phe ,
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Date
r
RESOLUTION NO. 2022-21
FRFn WARING DRIVE_
489'46'00'E
//////��-���''''''NOTTH LINE LOT 1,
- yUS 20/51 — — —
REC.
.R
x._N
APN
627-101-062 APN 627-101-OJJ
I
LINE DATA TABLE '
NO
BEARING/DELTA I LENGTH
II
1
S44'25'49"W 1 32.95' I
o
2
N45'15'06"1Y 18.70' 1
II
I 3
N00'20'07' I 7.53'
4
S89'44'00"W 15.01' I
N
5
N00'16'00"W 0.74'
N
; r
"0t ti0
I 6
N45' 13' 49"W 18.88' I
z
1-
7
N44'27'17"E I 23.80' 1
8
N89'46'00"E 21.10' I
h
LEGEND
I
o
INDICATES RIGHT OF WAY
TO BE VACATED.
AREA = ±4672 S.F.
— -
— INDICATES CENTERLINE
INDICATES LOT LINE
—
INDICATES RIGHT OF WAY
LOT I INDICATES RECORD DATA
$
'P_
APN 627-101-051
P.O.B.
INDICATES POINT OF
BEGINNING
�SOUTH L?AE LOT 1, e
MB 20151 a =
_ _ J _ - + u LS No. 8508 ti
U SANTA_ ROSA WAY _
N89'44'00"E
50 25 0 50 100 150
SCALE: 1"=50'
LOCATED IN POR. OF SEC. 20, T.5S., ME., S.B.M.
F Df CALF ° R
2
SHEET 1 OF I SHEET
s
IMTERMATI(DNA L
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
phone:760-346-7481 www.mbakerintl.com %
Y
RESOLUTION NO. 2022-21
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A
SUMMARY VACATION OF AN UNUSED PORTION OF SAN PABLO
AVENUE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART
3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE
OF CALIFORNIA AT THE SOUTHEAST CORNER OF FRED WARING
DRIVE AND SAN PABLO AVENUE TO BE IN CONFORMANCE WITH
THE CITY'S GENERAL PLAN
WHEREAS, the San Pablo Avenue Phase improvements (Project Nos. 691-16 and
681-20) reconstructed San Pablo Avenue to its final width; and
WHEREAS, the City Council of the City of Palm Desert ("City Council") has
determined that the excess public right-of-way exists along San Pablo Avenue at the
intersection with Fred Waring Drive ("Excess ROW"); and
WHEREAS, the City Council may vacate all or part of a street, highway, or public
service easement pursuant to the Public Streets, Highways, and Service Easements
Vacation Law (California Streets & Highways Code, § 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to
the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled
"Summary Vacation," of the California Streets and Highways Code; and
WHEREAS, the City Council finds that the Excess ROW does not serve a public
benefit; and
WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant
to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code
because the Excess ROW (1) has not been paved, has not been used for the past five
consecutive years for vehicular travel, and no public money has been used for its
maintenance; (2) has been determined to be excess by the City, and there are no other
public facilities located within it; (3) is not required for street or highway purposes; and (4)
does not contain public utility facilities that are in use or would be affected by the vacation;
and
WHEREAS, pursuant to Government Code section 65402(a), the Planning
Commission of the City of Palm Desert reviewed the proposed vacation of the Excess
ROW at its regularly scheduled meeting on February 1, 2022, and found that vacation of
' the Excess ROW conforms with the City's General Plan; and
RESOLUTION NO. 2022-21
WHEREAS, all other legal prerequisites of the adoption of this Resolution have I
occurred; and
WHEREAS, pursuant to California Streets and Highways Code section 8366, the
City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under
seal, to be recorded without acknowledgment, certificate of acknowledgment, or further
proof in the Office of the Recorder of the County of Riverside, and no fee shall be charged
for this recordation.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Order of Vacation. The City Council, under the authority vested in it
by the California Streets and Highways Code, Division 9 - Change of Grade and Vacation,
Part 3 - Public Streets, Highways, and Service Easements Vacation Law (Sections 8300
et seq.), Chapter 4 - Summary Vacation (Streets & Highways Code sections 8330 et seq.),
hereby orders the vacation of Excess ROW (the right-of-way known as a portion of San
Pablo Avenue described and as set forth in Exhibits "A" and "B" attached hereto and
incorporated herewith). ,
Section 3. Authority for Vacation. The Excess ROW satisfies the criteria for
summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California
Streets and Highways Code because the Excess ROW (1) has not been paved, has not
been used for the past five consecutive years for vehicular travel, and no public money
has been used for its maintenance; (2) has been determined to be excess by the City and
there are no other public facilities located within it; (3) is not required for street or highway
purposes; and (4) does not contain public utility facilities that are in use or would be
affected by the vacation.
Section 4. General Plan Conformity. The vacation of the Excess ROW has
been found by the Planning Commission of the City of Palm Desert to be in conformity
with the City of Palm Desert General Plan.
Section 5. CEQA Finding. This action is categorically exempt from CEQA
pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration
in land use limitations.
Section 6. Certification, Recordation, and Retention. Pursuant to California
Streets and Highways Code section 8336, the City Clerk shall cause a certified copy of
this Resolution, attested by the City Clerk under seal, to be recorded without '
acknowledgment, certificate of acknowledgment, or further proof in the Office of the
Recorder of the County of Riverside, and no fee shall be charged for this recordation. The
City Clerk shall permanently maintain a true and correct copy of this Resolution in the City
RESOLUTION NO. 2022-21
Clerk's Office.
' Section 7. Effective Date. This Resolution shall become effective upon its
adoption. Upon the recordation required hereby, the vacation is complete.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council of the
City of Palm Desert, California, at its regular meeting held on the 10th day of March 2022,
by the following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JAN C. HARNIR, MAYOR
ATTEST:
NIAMH M. ORTEG� DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2022-21
[This page has intentionally been left blank.]
RESOLUTION NO. 2022-21
I
MICHAEL BAKER INTERNATIONAL
75410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
January 31, 2019
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
SAN PABLO AVENUE PARTIAL VACATION
A portion of Lot 1 of Palma Village Groves, in the City of Palm Desert, County of Riverside,
State of California, as per map filed in Book 20, Page 51, of Maps in the office of the County
Recorder of said county, and also being those portions of land described in Quitclaim Deed
recorded July 21, 2014, as Document No. 2014-0268935, and in "Easement" recorded June 22,
1983, as Instrument No. 124086, both of Official Records of said county, described as follows:
BEGINNING at .the northeast corner of said land described in Quitclaim Deed per Document
No. 2014-0268935, said northeast corner being in the north line of said Lot 1;
thence along the easterly line of said land described in Document No. 2014-0268935, the
following five (5) courses:
South 44"2549" West 32.95 feet;
I
thence South 2"56'13" West 196.45 feet;
thence South 0"10'04" East 57.30 feet;
thence South 45"15'06" East 18.70 feet;
thence South 0"20'07" East 7.53 feet to a line parallel with and 1.00 foot northerly, measured at
right angles, from the south line of said Lot 1;
thence leaving said easterly line along said parallel line South 89"44'00" West 15.01 feet;
thence North 0"16'00" West 0.74 feet;
thence North 45"13'49" West 18.88 feet:
thence North 0"08'40" West 64.41 feet;
thence North 2057'25" East 202.53 feet;
thence North 44027'17" East 23.80 feet to the north line of said Lot 1;
thence along said north line North 89"46'00" East 21.10 feet to the Point of Beginning.
RESOLUTION NO. 2022-21
EXHIBIT "A"
SAN PABLO AVENUEPARTIAL VACATION
January 31, 2019
Page 2 of 2
As shown on' EXHIBIT "B" attached hereto and by this reference made a part hereof.
.CONTAINING: 4672 s.f., more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
This ;description, as,preparedby
me or under m dIrectiion.
Chns P her C. Albe s , P.L.S. 8508
LS No, &pg
Date
RESOLUTION NO. 2022-21
7
L
i , C 1 MAP
,
SAN A1.O AVENUE PARTIAL VACAT�ON
Ppm WARING DRIVE
V89"46'00'E
NORTH LINE LOT 1, / MB 20/57
F J
§ N
� O
1 I / R/w PER DOC.
//2014-0268935, REC.
o7/21/2014 O.R.
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4
APN 627-101-062 APN 627-101-033
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AM 627-101-061
SOUTH LINE LOT 7,
— _ MB 20/51 — —
_® SANTA ROSA WAY _
�— N89"44'CO"E
50 25 0 50 100 150
SCALE: 1 "=50'
LOCATED IN POR. OF SEC. 20, T.5S., ME., S.B.M.
LINE DATA TABLE
BEARING/DELTA
1 S44"25'49"W
2 N45'15'06"W
3 NOD"20'07"W
4 S89'44'00"W
5 1 N00'16'00"W
6 I N45"13'49"W
7 N44"27'17"E
8 I N89'46'00"E
LEGEND
LENGTH
32,95'
18.70' I
7.53'
15.01' I
0. 74'
18.88' I
23.80'
21. 10'
INDICATES RIGHT OF WAY
TO BE VACATED.
AREA = 14672 S.F.
— - — INDICATES CENTERLINE
INDICATES LOT LINE
— - - — INDICATES RIGHT OF WAY
LOT I INDICATES RECORD DATA
P.O.B. INDICATES
POINT OF
SHEET 1 OF 1 SHEET
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IM T E R N A T 1 0 N A L
75410 Gereld Ford Drive, Suite t00
Paim Desert, CA 92211
phone:760-346-7481 www.mbakerinti.com
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