HomeMy WebLinkAboutCC Reso 2017-11 RESOLUTION NO. 2017-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE CONDITIONAL VACATION OF
PORTIONS OF HILLERY ROAD (FORMERLY FIRST STREET), ALLEN
AVENUE, PUBLIC HIGHWAY AND PUBLIC UTILITY EASEMENTS ON
PORTIONS OF LOTS 44, 50, 51, 52, 53, 54 AND 55, AS SHOWN ON THE
MAP OF CATHEDRAL CITY, FILED IN BOOK 13 AT PAGES 24
THROUGH 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, AND TO
VACATE PUBLIC ALLEYS IN LOTS 45 AND 48 OF SAID CATHEDRAL
CITY, AS SAID ALLEYS ARE SHOWN ON THE MAP FILED IN BOOK 11,
AT PAGE 11 OF RECORDS OF SURVEYS, RECORDS OF RIVERSIDE
COUNTY,ALL LOCATED NORTH OF EAST PALM CANYON DRIVE AND
WEST OF DATE PALM DRIVE (VACATION NO. 2017-01)
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 northwest quadrant of East Palm Canyon Drive and Date Palm Drive, within the area
generally referred to as the "Eastside" area, in which area 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 said "Eastside" block, located north of East Palm
Canyon Drive and west of Date Palm Drive, as approved by the Department of Finance in
the LRPMP, has been sold to 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, in furtherance of the plans to maximize the development
potential of the "Eastside" block, has requested the vacation of certain public streets and
easements in the vicinity of East Palm Canyon and Date Palm Drive so that the
development of the properties in the "Eastside" area may proceed; 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 March 22, 2017, adopted Resolution No.
2017-09, declaring its intention to vacate those portions of Hillery Road, Allen Avenue, a
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public highway and public utility easement on Lot 44 of Cathedral City, and on portions of
Lots 50, 51, 52, 53, 54 and 55 of Cathedral City, and public alleys on Lots 45 and 48 of
Cathedral City, all as more particularly described in Exhibit "A" and shown on Exhibit"B",
which are attached to and made a part of this Resolution, and to conduct a public hearing
thereon on Wednesday, April 26, 2017; and
WHEREAS, this Council, on April 26, 2017, after publishing and posting of due
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notice thereof, did conduct a ublic hearing into this matter, and did find and determine that
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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
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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.
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.
d. The vacation of the alleys on Lots 45 and 48, between Buddy Rogers Drive and
Hillery Road, 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
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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
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 asking that they notify the City if any of their utility facilities
would be affected.
g. Public Notices for the public hearing were duly published in the Desert Sun
newspaper for two successive weeks, on April 12, 2017 and on April 19, 2017, and Public
Notices and copies of the Resolution of Intention for the public hearing were duly posted
on April 11, 2017, 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.
Also, the business owners along the north side of East Palm Canyon Drive, between Monty
Hall and Date Palm, were sent information on this proposed vacation and notices of this
public hearing,
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,
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
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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 portions of streets, alleys or easements
have been removed, relocated or otherwise cleared from the streets, alleys or easements,
or that financial arrangements have been made with their owners for such removals,
relocations or clearance, such that the utility owners no longer require the utility
reservation.
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 Section 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 or easement being vacated, and shall be
processed and recorded as described in the following Section 5.
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 2017-950, then the first recorded resolution would be
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numbered 2017-950-A; the second would be numbered 2017-950-B, 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 26th day of April, 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
tanley E. Henry, Mayor
ATTES
/
Gary . Ho e', Cty Cler'�
APPROVED AS T. • 'M:
Eric S. Vail, City Attorney
Resolution Attachments:
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. 2017-01
PORTIONS OF STREETS AND ALLEYS TO BE VACATED
A VACATION OF ALL OR PORTIONS OF LOT "B" (HILLERY ROAD, FORMERLY
FIRST STREET), LOT "G" (ALLEN AVENUE), AND LOT "Y" (HILLERY ROAD,
FORMERLY FIRST 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 PUBLIC UTILITY USES ON PORTIONS OF LOTS 44, 50, 51,
52, 53, 54, AND 55 AS SHOWN ON SAID MAP OF CATHEDRAL CITY, AND 20 FOOT
WIDE ALLEYS LOCATED WITHIN LOTS 45 AND 48 OF CATHEDRAL CITY, AS
SHOWN ON SAID MAP, AND ON THE MAP FILED IN BOOK 11, AT PAGE 11 OF
RECORDS OF SURVEYS, RECORDS OF RIVERSIDE COUNTY, ALL LOCATED
WITHIN THE EAST HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, AND ALL AS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
SEGMENT A:
ALL OF LOT "B" (HILLERY ROAD, FORMERLY FIRST STREET), AS SHOWN ON
SAID MAP OF CATHEDRAL CITY, EXCEPT THE EAST 8.00 FEET THEREOF;
SEGMENT B:
THAT PORTION OF LOT "G" (ALLEN AVENUE), AS SHOWN ON SAID MAP,
BOUNDED ON THE NORTH BY THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF LOT "A" (BUDDY ROGERS AVENUE, FORMERLY SECOND STREET), AND
BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE NORTH
LINE OF LOT "C" (GROVE STREET);
SEGMENT C
THE EAST 300 FEET OF LOT "Y" (HILLERY ROAD, FORMERLY FIRST STREET), AS
SHOWN ON SAID MAP;
SEGMENT D:
ALL OF THAT CERTAIN 20 FOOT WIDE PUBLIC ALLEY LOCATED WITHIN LOT 45
OF CATHEDRAL CITY, AS SHOWN ON SAID MAP, AS SAID ALLEY IS SHOWN ON
THE MAP FILED IN BOOK 11, AT PAGE 11 OF RECORDS OF SURVEY, RECORDS
OF RIVERSIDE COUNTY;
SEGMENT E:
ALL OF THAT CERTAIN 20 FOOT WIDE PUBLIC ALLEY LOCATED WITHIN LOT 48
OF CATHEDRAL CITY, AS SHOWN ON SAID MAP, AS SAID ALLEY IS SHOWN ON
THE MAP FILED IN BOOK 11, AT PAGE 11 OF RECORDS OF SURVEY, RECORDS
OF RIVERSIDE COUNTY;
SEGMENT F:
THAT PORTION OF THE EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY
AND PUBLIC UTILITY PURPOSES ON LOTS 50, 51, 52, 53, 54 AND.55 AND ON A
PORTION OF THE EAST HALF OF LOT "H" (ALLEY) AS VACATED BY THE
RIVERSIDE COUNTY BOARD OF SUPERVISORS, ALONG THE SOUTH SIDE OF
HILLERY ROAD, FORMERLY FIRST STREET, DESCRIBED AS "PARCEL 2" 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 G:
THAT PORTION OF THE EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY
AND PUBLIC UTILITY PURPOSES ON SAID LOT 50 FOR HILLERY ROAD,
FORMERLY FIRST STREET, DESCRIBED AS "PARCEL 4" 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 H:
ALL PUBLIC HIGHWAY AND PUBLIC UTILITY USES FOR THAT PORTION OF
BUDDY ROGERS AVENUE, FORMERLY SECOND STREET, DESCRIBED AS THE
NORTH 20 FEET OF THE EAST 50 FEET OF LOT 44 OF CATHEDRAL CITY, AS
SHOWN ON SAID MAP, AS MORE FULLY DESCRIBED IN THE GRANT OF
EASEMENT RECORDED ON OCTOBER 19, 1992, AS INSTRUMENT NO. 392498, IN
OFFICIAL RECORDS OF RIVERSIDE COUNTY.
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EXHIBIT "C"
FORM OF RESOLUTION TO BE RECORDED FOR VACATION OF EACH PORTION
OR SEGMENT OF THE STREETS, ALLEYS, OR EASEMENTS IN VACATION NO.
2017-01
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 AT THE
NORTHWEST QUADRANT OF EAST PALM CANYON DRIVE AND
DATE PALM DRIVE, IN THE CITY OF CATHEDRAL CITY.
(VACATION NO. 2017-01)
WHEREAS, pursuant to the provisions of Chapter f 3 of Part 3 o 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 March 22, 2017, adopted Resolution No.
2017-09, declaring its intention to vacate those portions of Hillery Road (formerly First
Street), Allen Avenue, public highway,and public utility easements on portions of lots 44,
50, 51, 52, 53, 54, and 55 as shown on the map of Cathedral City, filed in Book 13, at
Pages24 through 26, inclusive, of Maps, Records of Riverside County, and public alleys
in lots 45 and 48 of said cathedral City, as._said alleys are shown on the map filed in
Book 11, at Page 11 of Records of Survey, records of Riverside County, as were more
particularly described in Exhibit "A", which, was/attached to and made a part of said
Resolution of Intention No. 2017 709, and to conduct a public hearing thereon on
Wednesday, April,26,,2017; and •
WHEREAS, this Council, on April 26, 2017, after publishing and posting of due
notice thereof, did open and did conduct a public hearing into this matter, and did find
and deter-nil-116 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. 2017-
, which vacated the streets, highways, alley and easements described in Exhibit
"A" , which was attached to and made a part of said Resolution No. 2017-
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. 2017- 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. 2017- 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. 2017- 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, 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. 2017- , adopted April 26, 2017:
(insert legal description of portion to be vacated
- with utility reservation if needed)
B. In accordance with the provisions of Resolution No. 2017- _, adopted and
approved on April 26, 2017, 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 1-A above shall be
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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. 2017- , adopted April 26, 2017:
Mayor
ATTEST:
City Clerk
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APPROVED AS TO FORM: APPROVED AS,TO CONTENT:,
City Attorney -City Engineer
APPROVED: •
Charles P._McClendon
City Manager• •
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