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Home My WebLink AboutRecorded Doc 2017-514 2017-514 PLEASE COMPLETE THIS INFORMATION 201 RECORDING REQUESTED BY: 2017-0315477 City of Cathedral City 08/02/2017 08:37 AM ***Customer Copy Label*** AND WHEN RECORDED MAIL TO The paper to which this label is affixed Cit of Cathedral has not been compared with the y filed/recorded document City Clerk's Department S R Peter Aldana COPY 68-700 Avenida Lalo Guerrero County Of Riverside Assessor—County Clerk—Recorder Cathedral City, CA 92234 M A I L 1 465 I 426 I PGUK I rvc vrt „ _ EXAM T: CTY 1 UNI Space above this line for recorder's use only Resolution 2017-24 Title of Document Recordation of this instrument is exempt from all fees and taxes pursuant to Government Code 13.120.030. nck 1366iutficskil '5 TRA: 1 V) Ooc 1L4 DTT: R �Utlu►� lVk. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 0 cp. ? ACR 238(Rev.03/2008) C RESOLUTION NO. 2017-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF A 40-FOOT-WIDE PUBLIC UTILITY EASEMENT RESERVED FROM THE VACATION OF CHANNEL DRIVE, BETWEEN GRANDVIEW AVENUE AND VALLEY VISTA DRIVE, PURSUANT TO THE VACATION OF CHANNEL DRIVE BY THE COUNTY OF RIVERSIDE AS DESCRIBED IN COUNTY RESOLUTION NO. 79-351, RECORDED ON DECEMBER 4, 1979, AS INSTRUMENT NO. 257675, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY. (VACATION NO. 2017-02) WHEREAS, in 1979, the County of Riverside processed the vacation of Channel Drive, 40 feet wide, between Grandview Avenue and Valley Vista Drive; and WHEREAS, on November 27, 1979, after a duly noticed public hearing, the Board of Supervisors of the County of Riverside, adopted Resolution No. 79-351, which vacated the above described portion of Channel Drive, subject to the reservation of an easement for existing public utilities and public service facilities; and WHEREAS, said Resolution No. 79-351 was subsequently recorded on December 4, 1979, as Instrument No. 257675, in Official Records of Riverside County; WHEREAS, the present owner, Mr. Tim Hadorn, of one parcel between Grandview Avenue and Valley Vista Drive, described as Parcel 2 as shown on Parcel Map No. 33574, filed in Book 216, at Pages 1 through 3, inclusive, of Parcel Maps, in the office of the County Recorder, also known as 38619 Elna Way, has requested the vacation of the reserved public utility easement on his parcel; and WHEREAS, the portion of the said utility easement requested to be vacated is described in the attached Exhibit "A" and shown in the sketch attached hereto as Exhibit "B"; and WHEREAS, pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (said part being the Public Streets, Highways, and Service Easements Vacation Law), and subject to Section 892 of the Streets and Highways Code, this Council, on April 26, 2017, adopted Resolution No. 2017- 12, declaring its intention to vacate a portion of the public utility easement reserved from the vacation of Channel Drive, and to conduct a public hearing thereon on Wednesday, May 24, 2017; and WHEREAS, this Council, on May 24, 2017, after publishing and posting of due notice thereof, did conduct a public hearing into this matter, and after closing of the public hearing, did find and determine that all other legal requirements of said Public Streets, 1 Highways, and Service Easements Vacation Law had been complied with, and that all applicable requirements of the California Environmental Quality Act (CEQA) had been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. FINDINGS: The City Council finds and determines that: a. The portion of the reserved public utility easement proposed to be vacated as described in Exhibit "A" and shown in Exhibit "B" is unnecessary for any present or prospective public use. b. Pursuant to Section 892 of the State Streets and Highways Code, the portion of the reserved public utility easement proposed to be vacated as described in Exhibit "A" and shown in Exhibit"B", by its very nature is not, and will not in the future be useful as a non- motorized transportation facility as defined in Section 887 of the said Streets and Highways Code. c. The vacation of the portion of the reserved public utility easement proposed to be vacated as described in Exhibit "A" and shown in Exhibit "B" is exempt from the requirement for an environmental finding pursuant to the General Rule in the California Environmental Quality Act(CEQA) Guidelines, Sec. 15061(b)(3), because it can be seen with certainty that the proposed vacation has no possibility of a significant effect on the environment based upon the evidence presented in the Staff Report. d. The vacation of the portion of the reserved public utility easement as described in Exhibit "A" and shown in Exhibit "B" is consistent with the General Plan because the vacation concerns only a public utility easement, which easements are not shown or mapped in the Circulation Element of the City's adopted General Plan. e. Letters were sent to all utility companies active in the general area, asking for their comments or objections to the proposed vacation of the portion of the reserved public utility easement as described in Exhibit "A" and shown in Exhibit "B"and asking that they notify the City if any of their utility facilities would be affected. Southern California Edison responded and notified the City that it has a pole line within the portion of the reserved public utility easement to be vacated, which it shares with Charter Communications/Spectrum cable TV and Frontier CaliforniaNerizon, but that said pole line is within a separate utility easement granted to Edison in 2006, and therefore Edison had no objection to the proposed vacation since its facilities were protected by its own easement. f. Public Notices for the public hearing on this vacation proceeding were duly published in the Desert Sun newspaper for two successive weeks, on May 10, 2017, and 2 on May 17, 2017, and Notices of Public Hearing and copies of the Resolution of Intention for the proposed vacation were duly posted on May 9, 2017, along the portion of the reserved public utility easement proposed to be vacated, and were posted in the required public places, all in accordance with the Streets and Highways Code, and all other proceedings and procedures were similarly performed and done pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, said Part 3 being the "Public Streets, Highways, and Service Easements Vacation Law". SECTION 2. VACATION: The City Council finds and determines that the portion of the reserved public utility easement as described in the attached Exhibit"A"and as shown in Exhibit"B", is hereby ordered vacated, and the City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under seal, to be recorded in the office of the County Recorder of Riverside County. SECTION 3: EFFECT OF RECORDATION: Upon the recordation of this Resolution, the portion of the reserved public utility easement as described in the attached Exhibit "A" and as shown in Exhibit "B", is vacated and abandoned, and shall no longer constitute a public utility easement or public service easement, and is formally vacated as specified in Sections 8335(b)(4) and 8336 (b) of the State Streets and Highways Code. APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held this 24th day of May, 2017, by the following vote: Ayes: Council. Members Aguilar, Carnevale and Kaplan; Mayor Pro Tem Pettis and Mayor Henry Noes: None Absent: None Abstain: None Stanley E. Henry, Mayor AT EST: Gary F. H:well, City : APPR*WAD A ,OK FORM: City A'orney 3 Resolution Attachments: Exhibit A: Legal description of portion of reserved utility easement to be vacated Exhibit B: Sketch of portion of reserved utility easement to be vacated 4 EXHIBIT "A" VACATION 2017-02 LEGAL DESCRIPTION OF PORTION OF RESERVED PUBLIC UTILITY EASEMENT TO BE VACATED ALL THAT PORTION OF THE PUBLIC UTILITY EASEMENT RESERVED FROM THE VACATION OF CHANNEL DRIVE, AS DESCRIBED IN COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 79-351, RECORDED ON DECEMBER 4, 1979, AS INSTRUMENT NO. 257675, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN PARCEL 2 AS SHOWN ON PARCEL MAP NO. 33574, FILED IN BOOK 216, AT PAGES 1 THROUGH 3, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN 686-143-021) (TRA 019-017) o ) 3 1 3AAId Y181A ArTIYA 3 w 17;4 z. 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