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RESOLUTION NO. 2017 - 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE CONDITIONAL VACATION OF A
PORTION OF AN 80 FOOT WIDE UTILITY EASEMENT RESERVED FROM
THE VACATION OF SUNAIR ROAD, BETWEEN MELROSE DRIVE AND
PALO VERDE DRIVE, PURSUANT TO VACATION NO. 97-1, AS
DESCRIBED IN RESOLUTION NO. 97-65, RECORDED ON MAY 17,2002,
AS INSTRUMENT NO. 2002-262992, IN OFFICIAL RECORDS OF
RIVERSIDE COUNTY. (VACATION NO. 2016-01)
WHEREAS, in 1997, the owners of the CCBC Resort Hotel, located at 68-300 Gay
Resort Drive, (formerly Sunair Road) in Cathedral City, applied to the City for the vacation
of all of Sunair Road, 80 feet wide, along the north frontage of the hotel, between Melrose
Drive and Palo Verde Drive; and
WHEREAS, on July 9, 1997, after a duly noticed public hearing, the City Council
adopted Resolution No. 97-19 which conditionally vacated the above described portion of
Sunair Road; and
WHEREAS, on November 12, 1997, the City Council considered the modification of
the said conditions, and did adopt Resolution No. 97-65, which superseded the previous
Resolution 97-19; and
WHEREAS, on May 17, 2002, after the conditions precedent to the recordation of
Resolution No. 97-65 were met, said Resolution 97-65 was recorded as Instrument No.
2002-262992, in Official Records of Riverside County, which had the effect of vacating all
of Sunair Road, between Melrose Drive and Palo Verde Drive, subject to the reservation of
an 80 foot wide utility easement over all of Sunair Road, for the maintenance, operation,
replacement, removal or renewal of any public utility facilities then existing in Sunair Road
or that may be installed in the future; and
WHEREAS, a legal description of the said utility easement as reserved in said
Resolution 97-65 is described in Exhibit"A", which is attached to and made a part hereof;
and
WHEREAS, the present owners of the CCBC Resort Hotel have requested the
vacation of a portion of the above described 80 foot wide utility easement as described in
Exhibit"A"to allow for the construction of a restaurant within a portion of the former Sunair
Road right of way, pursuant to the owner's application for Conditional Use Permit No. 16-
039; and
WHEREAS, the portion of the said utility easement requested to be vacated is
described in the attached Exhibit "B" and shown in the sketch attached hereto as Exhibit
"C"; and
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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 November 30, 2016, adopted Resolution No.
2016-43, declaring its intention to vacate a portion of the utility easement reserved from the
vacation of Sunair Road, and to conduct a public hearing thereon on Wednesday, January
11, 2017; and
WHEREAS, this Council, on January 11, 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,
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, namely a gas line owned
and operated by the Southern California Gas Company, does exist in the portion of the
reserved public utility easement proposed to be vacated as described in Exhibit "B" and
shown in Exhibit"C"; which gas line the applicant is prepared to relocate at the applicant's
expense.
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 "B" and shown on Exhibit "C" is, upon relocation of the existing gas
line as described above, 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 "B" and
shown on Exhibit"C", 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 "B" and shown on Exhibit "C" 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.
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d. The vacation of the portion of the reserved public utility easement as described in
Exhibit "B" and shown on Exhibit "C" 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"B"and shown on Exhibit"C" and asking that they
notify the City if any of their utility facilities would be affected, and only the Southern
California Gas Company responded with notification that it had an active utility facility
within the portion of the easement to be vacated.
f. Public Notices for the public hearing on this vacation proceeding were duly
published in the Desert Sun newspaper for two successive weeks, on December 21, 2016,
and on December 28, 2016, and Notices of Public Hearing and copies of the Resolution of
Intention for the proposed vacation were duly posted on December 21, 2016, along the
portion of the reserved public utility easement proposed to be vacated, 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. CONDITIONS: The City Council finds and determines that there is
an active gas line located within the portion of the reserved utility easement proposed to be
vacated and 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 this vacation
process 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 the Southern California Gas Company has notified the City that financial
arrangements have been made between the applicant and the Southern California Gas
Company to guarantee the relocation or removal of the existing gas line from the portion of
the reserved utility easement to be vacated, as described in the attached Exhibit "B" and
shown on Exhibit "C"; or
b. that the existing gas line has physically been relocated to the satisfaction of
the Southern California Gas Company, and it has so notified the City that the relocated line
is in service.
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"B" and as shown in Exhibit"C", are vacated and abandoned, and shall no longer
constitute a public utility easement, and are formally vacated as specified in Sections
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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 11th day of January, 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, Mayo
ATTEST:
Gary F. Howell,T
City Clerk--
APPROVED AS o FORM:
City Attorney
Resolution Attachments:
Exhibit A: Legal Description of utility easement reserved from the vacation of Sunair Road
Exhibit B: Legal description of portion of reserved utility easement to be vacated
Exhibit C: Sketch of portion of reserved utility easement to be vacated
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EXHIBIT "A"
LEGAL DESCRIPTION OF UTILITY EASEMENT RESERVED FROM
THE VACATION OF SUNAIR ROAD, PER RESOLUTION NO. 97-65,
RECORDED MAY 17, 2002, INSTRUMENT NO. 2002-262992, OFFICIAL
RECORDS OF RIVERSIDE COUNTY
COMMENCING AT THE CENTERLINE INTERSECTION OF SUNAIR ROAD AND
PALO VERDE DRIVE, IN THE CITY OF CATHEDRAL CITY, CALIFORNIA, AS
SHOWN BY MAP OF SUNAIR TRACT NO. 1 ON FILE IN BOOK 22 PAGE 67 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID INTERSECTION
BEING A POINT IN A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 800.00
FEET AND FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 73° 42'
26" WEST;
THENCE, NORTH 71° 30' 00" WEST 30.00 FEET ALONG THE CENTERLINE OF
SAID SUNAIR ROAD TO THE PONT OF BEGINNING, BEING ALSO A POINT IN A
CURVE IN THE WESTERLY LINE OF SAID PALO VERDE DRIVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 830.00 FEET AND FROM WHICH A RADIAL
LINE OF SAID CURVE BEARS NORTH 73° 37' 38" WEST;
THENCE NORTHERLY 30.82 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
2° 07' 38";
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 18° 30' 00" EAST
29.19 FEET TO THE BEGINNING OF A CURVE IN THE EASTERLY LINE OF LOT 1
OF BLOCK D OF SAID SUNAIR TRACT NO. 1, CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHERLY AND WESTERLY 31.42 FEET ALONG SAID CURVE
THROUGH AN AGLE OF 90° 00' 00" TO THE SOUTHERLY LINE OF SAID LOT 1;
THENCE, NORTH 71° 30' 00" WEST 365.59 FEET ALONG SAID SOUTHERLY LINE
OF LOT 1 AND THE SOUTHERLY LINES OF LOTS 2, 3, 4, 5 AND E (SUNAIR PLAZA
SOUTH), OF SAID BLOCK D AND THE SOUTHERLY LINE OF LOT 1 OF BLOCK E
OF SAID SUNAIR TRACT NO. 1;
THENCE CONTINUING NORTH 71° 30' 00" WEST 139.62 FEET ALONG THE
SOUTHERLY LINES OF LOTS 115, 116 AND 117 OF SUNAIR TRACT NO. 3 AS
SHOWN BY MAP ON FILE IN BOOK 30 PAGES 15 AND 16 OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET;
THENCE WESTERLY AND NORTHERLY 23.82 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 68° 14' 20" TO POINT IN A CURVE IN THE EASTERLY
RIGHT OF WAY LINE OF MELROSE DRIVE, CONCAVE EASTERLY HAVING A
RADIUS OF 1250.00 FEET AND FROM WHICH A RADIAL LINE OF SAID CURVE
BEARS SOUTH 86° 44' 20"WEST;
THENCE SOUTHERLY AND EASTERLY 134.41 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 6° 09' 40" TO THE BEGINNING OF A CURVE IN THE
WESTERLY LINE OF LOT 114 OF SAID SUNAIR TRACT NO. 3, CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE FROM SAID
CURVE BEARS SOUTH 80° 34' 40"WEST;
THENCE NORTHERLY AND EASTERLY 41.16 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 117° 55' 20" TO THE NORTHERLY LINE OF SAID LOT
114;
THENCE SOUTH 71° 30' 00" EAST 453.93 FEET ALONG SAID NORTHERLY LINE
TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 20.00 FET;
THENCE EASTERLY AND SOUTHERLY 29.28 FEET ALONG SAID CURVE
THROUGH AN ANGLE OF 83° 52' 03" TO A POINT IN A CURVE IN THE WESTERLY
LINE OF SAID PALO VERDE DRIVE, CONCAVE EASTERLY HAVING A RADIUS OF
830.00 FEET AND FROM WHICH A RADIAL LINE BEARS NORTH 77° 37' 57"WEST;
THENCE NORTHERLY 58.02 FEET ALONG SAID CURVE THROUGH AN ANGLE OF
4° 00' 19" TO THE POINT OF BEGINNING.
(The above legal description is from Resolution No. 97-65, recorded May 17, 2002, as
Instrument No. 2002-262992, in Official Records of Riverside County)
EXHIBIT `B'
LEGAL DESCRIPTION OF PORTION OF RESERVED
UTILITY EASEMENT TO BE VACATED
BEGINNING AT THE CENTERLINE INTERSECTION OF MELROSE DRIVE AND
SUNAIR ROAD, AS SHOWN ON THE MAP OF SUNAIR TRACT NO. 3, AS FILED IN
BOOK 30, PAGES 15 AND 16 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE SOUTH 71° 30' 00" EAST, 211.00 FEET, ALONG THE CENTERLINE OF
SUNAIR ROAD, 80 FEET WIDE;
THENCE, SOUTH 18° 30' 00" WEST, 7.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE, SOUTH 71° 30' 00" EAST, 55.50 FEET, PARALLEL WITH THE SAID
CENTERLINE OF SUNAIR ROAD;
THENCE, SOUTH 38° 30' 00" EAST, 26.00 FEET;
THENCE, SOUTH 51° 30' 00"WEST, 22.46 FEET TO A POINT ON THE SOUTH LINE
OF SAID SUNAIR ROAD, ALSO BEING A POINT ON THE NORTH LINE OF LOT 114
OF SAID SUNAIR TRACT NO. 3;
THENCE, NORTH 71° 30' 00"WEST, ALONG SAID SOUTH LINE OF SUNAIR ROAD,
65.07 FEET;
THENCE, NORTH 18° 30' 00" EAST, 33.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 2281 SQ. FT. MORE OR LESS
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L5 N 18°30'00" E 33.00' i VACATION NO. 2016-01 Date: JANUARY 2017
/ PORTION OF RESERVED sneer
UTILITY EASEMENT TO CathedralCtty CCBC RESORT 1 of 1
66— Sheets
BE VACATED City of Cathedral City
700 Avenida Lalo Guerrero
2,281.00 S.F. Cathedral City,Co. 92234 Drown Oy: ERP
Ph. (760) 770-0340 Checked By: DF