HomeMy WebLinkAboutRecorded Doc 2017-547 2017-547 2017-0330781 '- ''f` '
08/10/2017 04:32 P11 Fee: $ 0.00
Page 1 of 6
Recorded in Official Records
PLEASE COMPLETE THI§INFORMATION County of Riverside
RECORDING REQUESTED BY: Peter Aldana
Assessor-County Clerk-Recorder C A710-0A 41-1■" ?Y II FINE iiiiimoim161.171
, AND WHEN RECORDED MAIL TO:
y o� �/if o - y.
fi 700 f'! PLC) 6O f1 0 � R A Exam:
lam' 1st
Ch-71 0 PAL Cc?" 1 / � Page DA PCOR Misc Long RFD Pg Adtl Pg cart CC
SIZE NCOR SMF NCH T: /WO CC
Rso , e 7(O),) p O • Space ab his line for recorder's use only
•
Title of Document
TRA:
DTT:
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
ACR 238(Rev.05/2015) Available in Alternate Formats
RESOLUTION NO. 2015-49-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF
ALL OR PORTIONS OF SPECIFIED STREETS, HIGHWAYS, ALLEYS
OR PUBLIC HIGHWAY AND PUBLIC UTILITY EASEMENTS AT THE
NORTHWEST QUADRANT OF EAST PALM CANYON DRIVE AND
DATE PALM DRIVE, IN THE CITY OF CATHEDRAL CITY.
(VACATION NO. 2015-01)
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 July 22, 2015, adopted Resolution No.
2015-41, declaring its intention to vacate those portions of Grove Street, Dawes Street,
Allen Avenue, a public alley between Grove Street and Dawes Street, and public
highway and public utility easements, as were more particularly described in Exhibit "A",
which was attached to and made a part of said Resolution of Intention No. 2015-41, and
to conduct a public hearing thereon on Wednesday, August 12, 2015; and
WHEREAS, this Council, on August 12, 2015, after publishing and posting of due
notice thereof, did open and did conduct a public hearing into this matter, and after
closing of the public hearing, did continue the discussion and final decision on this
vacation matter until the regular City Council meeting of August 26, 2015; and
WHEREAS, this Council, on August 26, 2015, did resume discussion on this
matter and did find and determine that all other legal requirements of said Public
Streets, 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; and
WHEREAS, it was found that certain public utility facilities existed in and over
portions of the streets, alleys and easements proposed to be vacated, which their
owners desired to be protected by the reservation of utility easements or other means;
and
WHEREAS, after such hearing, the City Council adopted Resolution No. 2015-
49, which vacated the streets, highways, alley and easements described in Exhibit "A" ,
which was attached to and made a part of said Resolution No. 2015-49, subject to the
condition that no resolution evidencing the completion of the vacation process was to be
recorded until either (a) that suitable utility easements have been reserved by the City
to protect any existing utility facility in any portion or segment of street, highway, alley or
highway or easement or other easement to be vacated; or (b) that suitable utility
easements have been granted to protect any existing utility facility, by the abutting
owner or other party to whose ownership the vacated street or alley would revert upon
final vacation; or (c) that the utility facilities in the streets, alley or easements have been
removed, relocated, or otherwise cleared from the streets, alley or easements such that
no utility reservation is required; and
WHEREAS, said Resolution No. 2015-49 further provided that no Resolution
evidencing the vacation of any portion, segment or piece of the streets, alley or
easements described in Exhibit A to said Resolution No. 2015-49 shall be recorded by
the City Clerk until the City Clerk is notified in writing by the City Engineer and/or the
City Manager that one of the above conditions had been met; and
WHEREAS, said Resolution No. 2015-49 further provided and authorized the
vacation of individual portions, segments or pieces of the streets, alley and easements
proposed to be vacated by the recordation of a separate Resolution in this general form,
only after certification to the City Clerk that one of the above conditions had been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
A. Portions of Streets, Alleys and Easements to be Vacated:
The City Engineer and/or the City Manager have certified in writing to the City Clerk that
the condition for vacation of the following described portion, segment or piece of public
street, highway, alley, or public highway or public utility easement has been met as
outlined in Resolution No. 2015-49, adopted August 26, 2015:
A vacation of all or portions of Lot "C" (Grove Street), Lot "D"(Grove Street), Lot "E"
(Dawes Street), Lot "F"(Dawes Street), Lot "G" (Allen Avenue), Lot "H"(alley lot), and Lot
"X" (Grove Street), as shown on the map of Cathedral City, filed in Book 13, at Pages
24 through 26, inclusive, of Maps, records of Riverside County, California, together with
the vacation of public highway and/or public utility uses on portions of Lots 50, 51, 52,
53, 54, 55, 82, 95, 101, 102, 103, 104 and lot "H" (alley lot) as shown on said map of
Cathedral City, all located within the East half of the East half of Section 33, Township 4
South, Range 5 East, San Bernardino Meridian, and all as more particularly described
as follows:
Segment 1:
All of Lot "C" (Grove Street), as shown on said map of Cathedral City;
Segment 2:
All of Lot "D" (Grove Street), as shown on said map, except the East 8.00 feet thereof;
Segment 3:
The East 250 feet of Lot "X" (Grove Street), as shown on said map;
Segment 4:
All of Lot "E" (Dawes Street), as shown on said map, except the East 8.00 feet thereof;
•
Segment 5:
All of Lot "F" (Dawes Street), as shown on said map;
Segment 6:
That portion of Lot "G" (Allen Avenue), as shown on said map, bounded on the North by
the Westerly prolongation of the North line of Lot "C" (Grove Street), and bounded
Southwesterly by a line parallel with and located Northeasterly 67.54 feet, measured at
right angles, from the centerline of Broadway, as shown on said map of Cathedral City;
Segment 7:
That portion of Lot "H" (alley), as shown on said map, bounded on the North by the
Easterly prolongation of the North line of Lot "C" (Grove Street) and bounded on the
South by the Easterly prolongation of the South line of said Lot "F" (Dawes Street);
Segment 8:
That portion of the easement and right of way for public highway and public utility
purposes on said Lots 50, 51, 52, 53, 54 and 55 for Grove Street, and on a portion of
the East half of Lot "H" (alley), vacated by the Riverside County Board of Supervisors,
described as "Parcel 1" in the Grant of Easement to the City of Cathedral City, recorded
on November 10, 1986, as Instrument No. 284551, in Official Records of Riverside
County, excepting the East 8.00 feet thereof;
Segment 9:
That portion of the easement and right of way for public highway and public utility
purposes on said Lot 50 for Grove Street described as "Parcel 3" in the Grant of
Easement to the City of Cathedral City, recorded on November 10, 1986, as Instrument
No. 284551, in Official Records of Riverside County, excepting that portion thereof lying
Easterly of a line parallel with and located 28.00 feet Westerly of the East line of Section
33, Township 4 South, Range 5 East, San Bernardino Meridian, as shown on said map
of Cathedral City;
Segment 10:
All public highway and public utility uses on those portions of said Lots 101, 102, and
103 and for that portion of Dawes Street all as described in the Grant Deed to the City
of Cathedral City recorded on May 12, 1982, as Instrument No. 81733, in Official
Records of Riverside County;
Segment 11:
All public highway and public utility uses on that portion of said Lot 82 for Allen Avenue
described as "Parcel 687-205-004" in the Judgment and Final Order of Condemnation
recorded on July 12, 1999, as Instrument No. 310247, in Official Records of Riverside
County, lying Northerly of a line parallel with and located Northeasterly 67.54 feet,
measured at right angles, from the centerline of Broadway, as shown on said map of
Cathedral City;
Segment 12:
All public highway and public utility uses on that portion of said Lot 95 for Dawes Street
described as "Parcel I" in the Grant Deed to the County of Riverside recorded on May
18, 1977, as Instrument No. 89251 in Official Records of Riverside County, excepting
that portion thereof lying Easterly of a line parallel with and located 28.00 feet Westerly
of the East line of Section 33, Township 4 South, Range 5 East, San Bernardino
Meridian, as shown on said map of Cathedral City;
Segment 13:
All public highway and public utility uses on that portion of Lot 104, as shown on the
said map of Cathedral City, and acquired by the City of Cathedral City by Grant Deed
recorded February 24, 1997, as Instrument No. 060589, in Official Records of Riverside
County, described as follows:
Beginning at the Northwest corner of said Lot 104; thence along the North line of said
Lot South 89° 53' 55" East, 30.01 feet; thence South 00° 05' 32" West, 11.21 feet;
thence North 71° 34' 43" West, 31.61 feet to a point on the West line of said Lot 104;
thence North 00° 05' 29" East along the said West line, 1.27 feet to the Point of
Beginning;
B. Reservation of Utility Easements:
The City Council finds and determines that there are existing utilities and public service
facilities in the above described streets, highways, alleys and public highway and utility
easements, and therefore, pursuant to Section 8340 of the State Streets and Highways
Code, a public utility easement over, under, across and through all of the above
described Segments 1 through 13, inclusive, is hereby reserved from the vacation of
each such Segment for the maintenance, operation, replacement, removal, renewal or
enlargement of overhead or underground public utility facilities, telephone and
communication facilities, electrical and power transmission and distribution facilities,
cable television, internet and communication lines, water and sewer mains, laterals, and
appurtenances, whether existing or to be constructed in the future.
C. Recordation:
In accordance with the provisions of Resolution No. 2015-49, adopted and approved on
August 26, 2015, the City Clerk is hereby directed to cause this Resolution to be
recorded in the office of the County Recorder of Riverside County, evidencing the
vacation of the above described street, highway, alley or easement Segments.
D. Vacation:
From and after the date this Resolution is recorded, the street, highway, alley or public
highway uses and easements described in Section "A" above shall be vacated and
abandoned, and shall no longer constitute a public street, highway, alley or road
easement in this City.
• s
APPROVED by the authority of Resolution No. 2015-49, adopted August 26, 2015:
Stanley E enry, Mayor �--
ATTEST:
A r. to i
Gary . owel
City Clerk
APPROVED AS M: APPROVED AS TO CONTENT:
s* / 0
City Attorney Jo A. Corella
Ci ngineer
APP OVED:
P. 14 .��i! „z_ _
Charles P. McClendon
City Manager