HomeMy WebLinkAboutCC Reso 2018-45 RESOLUTION NO. 2018-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE CONDITIONAL VACATION OF
PUBLIC STREET, ALLEY AND PUBLIC UTILITY EASEMENT AND
PUBLIC SERVICE EASEMENT USES ON ALL OR PORTIONS OF GROVE
STREET AND"A" STREET, BETWEEN WEST BUDDY ROGERS AVENUE
AND VAN FLEET AVENUE; ON TWO PUBLIC ALLEYS BETWEEN EAST
PALM CANYON DRIVE AND "B" STREET, WEST OF VAN FLEET
AVENUE; ON PORTIONS OF LOTS 141 AND 165 AS SHOWN ON THE
MAP OF CATHEDRAL CITY, FILED IN BOOK 13, AT PAGES 24
THROUGH 26, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY; AND TO VACATE CERTAIN PUBLIC UTILITY EASEMENTS
AND PUBLIC SERVICE EASEMENTS RESERVED FROM THE PREVIOUS
VACATIONS OF PORTIONS OF "A" STREET WEST OF VAN FLEET
AVENUE,AND A PORTION OF AN ALLEY NORTH OF "B" STREET AND
WEST OF VAN FLEET AVENUE, ALL LOCATED SOUTHERLY OF EAST
PALM CANYON DRIVE AND BETWEEN VAN FLEET AVENUE AND WEST
BUDDY ROGERS AVENUE. (VACATION NO. 2018-02)
WHEREAS, there are shown on the official maps of the City of Cathedral City,
California, certain public streets, alleys and public service and utility easements located at
the southwest quadrant of East Palm Canyon Drive and Van Fleet Avenue, within the area
in which the former Redevelopment Agency of the City of Cathedral City acquired a
number of lots and parcels for the purposes of removal of blight and to redevelop the area
with new mixed use developments; and
WHEREAS, as a result of the dissolution of redevelopment agencies by the State,
the City of Cathedral City, as Successor Agency to the former Redevelopment Agency,
developed a Long Range Property Management Plan ("LRPMP") in which "blocks" of
parcels were assembled for planned sale and which included plans for mitigation of
development obstacles; and
WHEREAS, a large portion of the area located between East Palm Canyon Drive
and "B"Street and between Van Fleet Avenue and West Buddy Rogers Avenue has been
acquired by the City Urban Revitalization Corporation (CURC), a California 501 (c)(3)
public benefit corporation, which plans to cause the development of this area; and
WHEREAS, CURC, and the City, as Successor Agency to the former
Redevelopment Agency, in furtherance of the plans to maximize the development potential
of this are have requested the vacation of certain public streets, alleys and easements in
the area south of East Palm Canyon and west of Van Fleet Avenue, in order to
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encourager and facilitate the consolidation of the various properties and their development;
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 September 11, 2018, adopted Resolution No.
2018-38, declaring its intention to vacate those portions of Street Lots "II" (Grove Street),
and Lot"KK" ("A" Street) and alley Lot"J", as shown on the map of Cathedral City, filed in
Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County; an
alley within Lot 164 of said Cathedral City as shown on map in Book 11, at Page 11 of
Records of Survey, Riverside County records, and any public street, public utility and public
service easement uses on portions of Lots 151 and 165 of said Cathedral City, together
with various utility and public service easements reserved from previous vacation
proceedings on portions of said Lots "II" and "KK" and on a portion of the alley in Lot 164,
all located within the East half of Section 33, Township 4 South, Range 5 East, San
Bernardino Meridian, and Southerly of East Palm Canyon Drive, between Van Fleet
Avenue and West Buddy Rogers Avenue; and
WHEREAS, this Council, on October 10, 2018, after publishing and posting of due
notice thereof, did conduct a public hearing into 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 exist in and over portions
of the streets, alleys and easements described in said Exhibit "A", which their owners
desire to be protected by the reservation of utility easements or other means.
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 public streets, highways, alleys and public highway and public utility easements
described in the attached Exhibit "A" and shown on Exhibit "B" are unnecessary for any
present or prospective use.
b. Pursuant to Section 892 of the State Streets and Highways Code, the said public
streets, highways, alleys and public highway and public utility easements as described in
the attached Exhibit "A" and shown on Exhibit "B" are not, and will not in the future be
useful as a non-motorized transportation facilities as defined in Section 887 of the said
Streets and Highways Code.
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C. The vacation of the said public streets, highways, alleys and public highway and
public utility easements as described in the attached Exhibit"A"and shown on 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 vacations have no possibility of a significant
effect on the environment based upon the evidence presented in the Staff Report.
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d. The vacation of the two alleys as described in Exhibit"A", meets the criteria for alley
vacation approval as set forth in City Council Minute Order No. 867, adopted on August 17,
1988.
e. The vacation of the public streets, highways, alleys and public highway and public
utility easements as described in the attached Exhibit"A" and shown on Exhibit"B" do not
require a finding of conformity with the General Plan or any part thereof because the
streets and alleys involved are local streets only, which are not shown or mapped in the
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General Plan or its Circulation Element, and therefore the General Plan and its elements
do not apply to such facilities.
f. Letters were sent to all utility companies active in the general area, asking for their
comments or objections to the proposed vacations of the public streets, highways, alleys
and public highway and public utility easements as described in the attached Exhibit"A",
and shown on Exhibit "B" and that such utility companies did respond asking that their
existing facilities be protected by the reservation of suitable easements from the proposed
vacations.
g. Public Notices for the public hearing were duly published in the Desert Sun
newspaper for two successive weeks, on September 26, 2018 and on October 3, 2018,
and Public Notices and copies of the Resolution of Intention for the public hearing were
duly posted on September 12, 2018, along the portions of the public streets, highways,
alleys and public highway and public utility easements as described in the attached
Exhibit"A"considered for vacation, in accordance with the Streets and Highways Code.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. RESERVATION: The City Council also finds and determines that
there are existing utilities in all the public streets, highways, alleys and public highway and
public utility easements as described in the attached Exhibit"A", and therefore, pursuant
to Section 8340 of the Streets and Highways Code, a public utility easement over, under,
across and through those portions of the public streets, highways, alley and public highway
and public utility easements as described in the attached Exhibit"A"shall be reserved as
required from the vacation of each said street, alley or easement, for the maintenance,
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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 and communication lines, and
appurtenances, whether existing or to be constructed in the future.
This public utility reservation shall not be required for the vacation of any portions of the
public streets, highways, alley and public highway and public utility easements as
described in the attached Exhibit"A" if the utility facilities within the said portions of streets,
alley or easements are removed, relocated or otherwise cleared from the streets, alley or
easements such that their owners no longer require the utility reservation.
SECTION 3. CONDITIONS: The City Council finds and determines that the
public safety, convenience and orderly development of the area requires that the City Clerk
shall NOT consent to nor order the recordation of this Resolution or any other written
instrument evidencing the completion of the vacation process on any portion of the public
streets highways, alley and public highway and public utility easements as described in
the attached Exhibit"A" until such time as the City Engineer and/or the City Manager have
certified in writing to the City Clerk that one or more of the following conditions have been
met:
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
easement or other easement to be vacated; or
b. that suitable utility easements have been granted to the appropriate utility
companies, 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 within the said portion of street, alley or easement
being vacated have been removed, relocated or otherwise cleared, or that financial
arrangements have been made with their owners by a developer or abutting owner to
guarantee their removal, relocation or clearance, such that the utility owners no longer
require the utility reservation and consent to the vacation.
SECTION 4. VACATION IN PORTIONS OR SEGMENTS: The City Council
hereby authorizes the vacation of the public streets, highways, alleys and public highway
and public utility easements as described in the attached Exhibit"A"to be done in multiple
portions, segments or pieces, subject to Sections 2 and 3 above, by the recordation of one
or more of the Resolutions, hereby approved, in the general form and content attached
hereto as Exhibit "C". Any such Resolution shall have included in it a legal description of
the portion, segment or piece of the street, highway, alley or easement being vacated, and
shall be processed and recorded as described in the following Section 5.
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SECTION 5. RECORDATION OF RESOLUTIONS: The City Clerk is hereby
directed to cause the Resolutions in the form set forth in the attached Exhibit "C",
describing the exact portion, segment or piece of the street, alley or easement being
vacated, attested by him or her under seal, to be recorded in the office of the County
Recorder, ONLY upon receipt by the City Clerk of the written certification described in
Section 3 above. Upon such receipt by the City Clerk of the written certification, each
Resolution in the form as shown in Exhibit C is hereby authorized to be signed by the
Mayor and City Clerk and necessary City Staff persons, without the need for a subsequent
Council meeting. Each such Resolution to be recorded shall bear the same resolution
number as this Resolution, followed by a "dash" and sequential letter, for example, if this
Resolution is adopted and numbered 2018-950, then the first recorded resolution would be
numbered 2018-950-A; the second would be numbered 2018-950-13, and so on.
SECTION 6: EFFECT OF RECORDATION: Upon the recordation of any of the
Resolutions described above, the portions, segments or pieces of public rights of way or
easements described therein shall no longer constitute a public street, highway, alley or
easement in this City and they shall be formally vacated as specified in Sections 8335(b)(4)
and 8336 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 10th day of October, 2018, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Pro Tem
Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: None
S anIey E. enry, M aydr
ATTES :
Gary r. Howell
City Clerk
APPRO D S R
City Attorney
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Exhibit A: Legal Description of street, highway, alleys and highway and public
utility Segments to be vacated
Exhibit B: Sketch showing the streets, highways, alleys and public utility
easements to be vacated
Exhibit C: Form of Resolution for vacating portions or segments of streets,
highway, alleys, and highway and public utility easements
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EXHIBIT "A"
VACATION NO. 2018-02
A vacation of public street, alley and public utility uses on all or portions of Street Lots "II"
(Grove Street) and "KK" ("A" Street), and alley Lot"JJ", as shown on the map of Cathedral
City, filed in Book 13 at Pages 24, 25 and 26 of Maps, Records of Riverside County,
California, and an alley within Lot 164 of said Cathedral City, as shown on the map filed in
Book 11, at Page 11 of Records of Survey, Records of Riverside County, and any public
street, public utility or public service interests on portions of Lots 141 and 165, of said
Cathedral City, together with any utility easements and public service easements reserved
from previous vacation proceedings on portions of said Lots"II"and "KK", and on a portion
of the alley in Lot 164, all as described in Segments as follows:
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Vacation of all Public Street, Alley, and Public Utility Easement and
Public Service Easement Uses on the following:
Segment 1:
All that portion of Lot"I I" (Grove Street) of Cathedral City, as shown by map on file in Book
13, at Pages 24, 25 and 26 of Maps, Records of Riverside County, California, bounded
Westerly by the East Line of Lot "RR" (West Buddy Rogers Avenue, formerly Glenn
Avenue) of Cathedral City, and bounded Easterly by the Southerly prolongation of the East
line of Lot 131 of Cathedral City.
Containing 12,000 s.f., more or less.
Segment 2:
All that portion of Lot"ll" (Grove Street) of Cathedral City, as shown by map on file in Book
13, at Pages 24, 25 and 26 of Maps, Records of Riverside County, California, bounded
Westerly by the East line of Lot 131 of Cathedral City and its Southerly prolongation;
Bounded Northeasterly by the Southwesterly line of Broadway, 80 feet wide, as shown on
said map of Cathedral City, and bounded Easterly by the West lines of that portion of said
Lot "II" as described in the vacation Resolution of the Riverside County Board of
Supervisors recorded on October 11, 1979, as Instrument No. 216071, in Official Records
of Riverside County.
Containing 4,298 s.f., more or less.
Segment 3:
Alley Lot "JJ" of Cathedral City, as shown by map on file in Book 13, at Pages 24, 25 and
26 of Maps, Records of Riverside County, California.
Containing 3,000 s.f., more or less.
Segment 4:
All that portion of Lot 141 of Cathedral City, as shown by map on file in Book 13, at Pages
24, 25 and 26 of Maps, Records of Riverside County, California, as described in the
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Quitclaim Deed to the City of Cathedral City dated January 19, 1999, and recorded on
March 8, 1999, as Instrument No. 093552, in Official Records of Riverside County.
Containing 4,870 s.f., more or less.
Segment 5:
All that portion of Lot "KK" ("A" Street) of Cathedral City, as shown by map on file in Book
13, at Pages 24, 25 and 26 of Maps, Records of Riverside County, California, bounded
Westerly by the East Line of Lot "RR" (West Buddy Rogers Avenue, formerly Glenn
Avenue) of Cathedral City, and bounded Easterly by the Southerly prolongation of the East
line of the Westerly 30 feet of Lot 141 of Cathedral City.
Containing 14,000 s.f., more or less.
Segment 6: All that portion of that certain alley, 20 feet wide, shown on the Record of
Survey filed in Book 11, of Records of Survey, at Page 11,within Lot 164 of Cathedral City,
as shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, lying Northerly of the South line of the North 15.00 feet of said Lot 164.
Containing 300 s.f., more or less.
Segment 7:
All that portion of the West half of that certain alley, 20 feet wide, shown on the Record of
Survey filed in Book 11, of Records of Survey, at Page 11,within Lot 164 of Cathedral City,
as shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, lying Southerly of the South line of the North half of said Lot 164, and
Northerly of the North line of the South 15.00 feet of said Lot 164.
Containing 725 s.f., more or less.
Segment 8:
All that portion of the South 10 feet Lot"KK" ("A"Street), 40 feet wide, of Cathedral City, as
shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, lying Easterly of the Southerly prolongation of the East line of Lot 138 of
said Cathedral City, and lying Westerly of the Southerly prolongation of the West line of the
East 5.00 feet of Lot 136 of said Cathedral City.
Containing 950 s.f., more or less.
Segment 9:_
All that portion of the North 10 feet of the South half of Lot"KK" ("A" Street), 40 feet wide,
of Cathedral City, as shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps,
Records of Riverside County, California, lying Easterly of the Southerly prolongation of the
East line of Lot 138 of said Cathedral City, and lying Westerly of the Southerly prolongation
of the West line of the East 5.00 feet of Lot 136 of said Cathedral City.
Containing 950 s.f., more or less.
Segment 10:
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All that portion of the North half of Lot"KK" ("A"Street), 40 feet wide, of Cathedral City, as
shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, lying Easterly of the Southerly prolongation of the East line of Lot 138 of
said Cathedral City, and lying Westerly of the Southerly prolongation of the West line of the
East 5.00 feet of Lot 136 of said Cathedral City.
EXCEPTING THEREFROM that portion described as follows:
Beginning at the Southeast corner of Lot 136 of said Cathedral City; thence North 890 54'
00"West, along the South line of said Lot 136, a distance of 5.00 feet to the True Point of
Beginning; thence, continuing along the said South line, North 89154' 00"West, 95.00 feet
to the Southwest corner of Lot 137 of said Cathedral City; thence, South 000 02'40" East,
10.00 feet along the Southerly prolongation of the West line of said Lot 137; thence, South
89154' 00" East, 85.00 feet; thence, North 450 06' 00" East, 14.14 feet to the True Point of
Beginning.
Segment 10 containing 1,000 s.f., more or less.
Segment 11:
The North 5.00 feet of The Westerly 50 feet of the Easterly 100 feet of the North half of Lot
165 of Cathedral City, as shown by map on file in Book 13, at Pages 24, 25 and 26 of
Maps, Records of Riverside County, California, as described in the Grant Deed to the
County of Riverside recorded on August 31, 1981, as Instrument No. 165117, in Official
Records of Riverside County.
Containing 250 s.f., more or less.
Segment 12:
All that portion of the North 5.00 feet of the Easterly 50 feet of the North half of Lot 165, of
Cathedral City, as shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps,
Records of Riverside County, California, and the corner cutback as both are described in
the Grant Deed to the County of Riverside, recorded on August 31, 1981, as Instrument
No. 165117, in Official Records of Riverside County, lying Westerly of the West line of the
East 5.00 feet of the said Easterly 50 feet of the North half of Lot 165.
Containing 286 s.f., more or less.
Vacation of Public Service Easements and Public Utility Easements reserved
from previous street and alley vacation proceedings:
Segment 13:
That certain easement for public utilities as reserved from the vacation of that portion of Lot
"KK", designated as "A" Street, of Cathedral City, as shown by map on file in Book 13, at
Pages 24, 25 and 26 of Maps, Records of Riverside County, California, lying between the
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Southerly prolongation of the Easterly line of the Westerly 30 feet of Lot 141 of said
Cathedral City and the Southerly prolongation of the Easterly line of Lot 138 of said
Cathedral City, as described in Resolution No. 79-238 of the Riverside County Board of
Supervisors, recorded on October 11, 1979, as Instrument No. 216071, in Official Records
of Riverside County.
Segment 14:
That certain easement for public utilities and public service facilities, together with the right
to maintain, operate, remove, replace or renew such facilities, as reserved from the
vacation of that portion of Lot"KK", designated as "A" Street, of Cathedral City, as shown
by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside County,
California, as described in Resolution No. 85-83 of the City of Cathedral City City Council,
recorded December 26, 1985, as Instrument No. 290949, in Official Records of Riverside
County, described as follows:
Beginning at the Southeast corner of Lot 136 of said Cathedral City; thence North 890 54'
00"West, 5.00 feet to the True Point of beginning; thence, North 89154' 00"West, 95.00
feet to the Southwest corner of Lot 137 of said Cathedral City; thence, South 001 02' 40"
East, 10.00 feet along the Southerly prolongation of the West line of said Lot 137; thence,
South 890 54' 00" East, 85.00 feet; thence, North 450 06' 00" East, 14.14 feet to the True
Point of Beginning.
Segment 15:
That certain easement for public utilities and public service facilities, together with the right
to maintain, operate, remove, replace or renew such facilities, as reserved from the
vacation of that portion of an alley, 20 feet wide, within Lot 164 of Cathedral City, as
shown by map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, as described in Resolution No. 85-84 of the City of Cathedral City City
Council, recorded December 26, 1985, as Instrument No. 290950, in Official Records of
Riverside County, described as follows:
All that portion of that certain alley, 20 feet wide, within said Lot 164, as shown on Record
of Survey filed in Book 11 of Records of Survey, at Page 11, Records of Riverside County,
bounded as follows:
Bounded Northerly by the South line of the North 15.00 feet of said Lot 164; and
Bounded Southerly by the South line of the North half of said Lot 164.
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PROPOSED DEDICATION '
180 SOFT /�,�
`ST Pq�M AREAS TO BE VACATED
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SERVICE USES
687-196-001 1 1
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W 887196-004 PUBLIC UTILITY AND PUBLIC SERVICE
Lu EASEMENT RESERVED FROM
PREVIOUS VACATIONS
p 687.191011 687-198-003 129 687-198-005
687-196-006
170
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PORTION OF LOT KK
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PORTION OF LOT KK
(A ST)VACATED PER GMENT 11 260.DO SOFT 288.60 SOFTSEGMENT 12
687-212-001 887-212-019 SEGMENT 1970-216071.0.R. 6117-212-009 687-212-022 887-212-023 W i
687-212-027 Q
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687-212-028 ALLEY VACATED J
687-212-002 687-212-003 687-212-004 687.212-OD5 SEGMENT 7 PER 1896-280860 O.R.
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PROPOSED UTILITY ALLEY PER
EAS2325 RS 11 687.212-010 687-212-011 667-212-024 Q
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5,870 SOFT PROPOSED ST DEDICATION B ST
800 SOFT
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''1 VICINITY MAP N.T.S.
FOR Dale. JUNE lois
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EXHIBIT "C"
FORM OF RESOL UTION TO BE RECORDED FOR VACATION OF EACH PORTION OR
SEGMENT OF THE STREETS,ALLEYS, OR EASEMENTS IN VACATION NO. 2018-02
RESOLUTION NO.
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 OR PUBLIC SERVICE EASEMENTS
AT THE SOUTHWEST QUADRANT OF EAST PALM CANYON DRIVE AND
VAN FLEET AVENUE, IN THE CITY OF CATHEDRAL CITY. (VACATION
NO. 2018-02)
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 September 11, 2018, adopt Resolution No.
2018-38, declaring its intention to vacate those portions of Street Lots "II" (Grove Street),
and Lot"KK" ("A" Street) and alley Lot"J", as shown on the map of Cathedral City, filed in
Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County; an
alley within Lot 164 of said cathedral City as shown on map in Book 11, at Page 11 of
Records of Survey, Riverside County records, and any public street, public utility and public
service easement uses on portions of Lots 151 and 165 of said Cathedral City, together
with various utility and public service easements reserved from previous vacation
proceedings on portions of said Lots "ll" and "KK" and on a portion of the alley in Lot 164,
all located within the East half of Section 33, Township 4 South, Range 5 East, San
Bernardino Meridian, and Southerly of East Palm Canyon Drive, between Van Fleet
Avenue and West Buddy Rogers Avenue; and
WHEREAS, this Council, on October 10, 2018, after publishing and posting of due
notice thereof, did open and did conduct a public hearing into 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, at such hearing 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. 2018-45,
which vacated the streets, highways, alley and easements described in Exhibit"A" , which
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was attached to and made a part of said Resolution No. 2018-45, 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 had 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 had been
granted to the appropriate utility company 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 had
been removed, relocated, or otherwise cleared from the streets, alley or easements, or that
financial arrangements had been made with the utility company by a developer or abutting
owner to guarantee their removal or clearance such that no utility reservation was required
and that the utility company consented to the vacation; and
WHEREAS, said Resolution No. 2018-45 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. 2018-45 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
the above conditions had been met; and
WHEREAS, said Resolution NO. 2018-45 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 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. The City Engineer and/or the City Manager have certified in writing to the City Clerk
that the conditions for vacation of the following described portion, segment or piece of
public street, highway, alley, or public highway or public utility easement have been met as
outlined in Resolution No. 2018-45, adopted October 10, 2018:
(insert legal description of portion to be vacated
with utility reservation if needed)
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B. In accordance with the provisions of Resolution No. 2018-45, adopted and approved
on October 10, 2018, 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.
C. From and after the date this Resolution is recorded, the street, highway, alley or
public highway or public utility easements described in Section A above shall be vacated
and abandoned, and shall no longer constitute a public street, highway, alley or easement
in this City.
APPROVED by the authority of Resolution No. 2018-45, adopted October 10, 2018.
i
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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