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HomeMy WebLinkAboutCC Reso 2020-02 RESOLUTION NO. 2020-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE CONDITIONAL VACATION OF ALL OR PORTIONS OF HILLERY ROAD (FORMERLY FIRST STREET) AND GROVE STREET, BETWEEN MONTY HALL DRIVE AND ALLEN AVENUE; A PUBLIC ALLEY BETWEEN HILLERY ROAD AND GROVE STREET; SIDEWALK AND PUBLIC UTILITY EASEMENTS; AND VARIOUS UTILITY EASEMENTS RESERVED FROM THE PREVIOUS VACATION OF OTHER PORTIONS OF HILLERY ROAD, GROVE STREET, DAWES STREET, ALLEN AVENUE, AND PUBLIC ALLEYS, AND EASEMENTS FOR STREET AND HIGHWAY PURPOSES, ALL AS DESCRIBED IN CITY COUNCIL RESOLUTIONS NO. 2015-49-A AND NO. 2017-11-A, BOTH RECORDED ON AUGUST 10,2017,AS INSTRUMENTS NO. 2017-0330780 AND 0330781, IN OFFICIAL RECORDS, ALL LOCATED IN THE NORTHWEST QUADRANT OF DATE PALM DRIVE AND EAST PALM CANYON DRIVE, EAST OF MONTY HALL DRIVE AND SOUTH OF BUDDY ROGERS AVENUE. VACATION NO. 2019-01. WHEREAS, there are shown on the official maps of the City of Cathedral City, California, certain public streets and alleys located north of East Palm Canyon and west of Date Palm Drive; and WHEREAS, two previous vacation proceedings were conducted to vacate all or portions of streets, alleys and public easements in this area, namely Vacation No. 2015-01 and No. 2017-01, for the purpose of clearing and consolidating the lands affected for commercial development; and WHEREAS, after public hearings on each vacation, City Council Resolutions of Vacation were adopted and subsequently recorded, which vacated certain streets, alleys and easements but reserved utility easements over such streets, alleys and easements for existing utility facilities; and WHEREAS, subsequent to the adoption and recordation of such resolutions, the lands affected were acquired by the Agua Caliente Band of Cahuilla Indians (ACBCI) for commercial development; and WHEREAS, additional lands in the same area have been acquired by the ACBCI, which has requested the vacation of additional streets and alleys in those areas to clear the land for additional development, and to vacate the utility easements reserved from the previously conducted vacations, so that all the lands now held by the ACBCI in this area may be developed in an comprehensive manner; and. 1 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 December 11, 2019, adopted Resolution No. 2019-45, declaring its intention to vacate those portions of Hillery Road, Grove Street, a public alley between Grove Street and Hillery Road, sidewalk and public utility easements, and various utility easements reserved from previous vacations of other portions of Hillery Road, Grove Street, Dawes Street, Allen Avenue, and public alleys and easements for street and highway purposes, as are more particularly described in Exhibit "A", which is attached to and made a part of this Resolution, and to conduct a public hearing thereon on Wednesday, January 22, 2020; and WHEREAS, this Council, on January 22, 2020, 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 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; and WHEREAS, certain of the street and public utility dedications on the parcels described in Exhibit "A" were made in fee simple, and upon vacation of the public street, highway or utility uses on such parcels, there may remain excess right of way which will remain in the ownership of the City of Cathedral City, and such parcels will thus become surplus land, unnecessary to the needs of the City. 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, alley and public highway and public utility easements, sidewalk easements, and reserved utility easements described in the attached Exhibit"A" 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, alley and public highway and public utility and sidewalk easements as described in the attached Exhibit "A" 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. 2 I I c. The vacation of the said public streets, highways, alley and public highway and public utility easements, sidewalk easements, and reserved utility easements as described in the attached Exhibit "A" 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 alley, between Grove Street 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, alley and public highway and public utility and sidewalk easements and reserved utility easements as described in the attached Exhibit "A" is consistent with the General Plan because the streets and alley involved are local streets only, which are not shown or mapped in the Circulation Element of the City's adopted General Plan. 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, alley and public highway and public utility and sidewalk easements and reserved utility easements as described in the attached Exhibit"A", 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 January 8, 2020, and on January 15, 2020, and Public Notices and copies of the Resolution of Intention for the public hearing were duly posted on January 8, 2020, along the portions of the public streets, highways, alley 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, 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." h. Portions of the existing highway right of way at the northeast corner of East Palm Canyon Drive and Monty Hall Drive were dedicated to the City in fee simple, or were acquired by the City in fee through eminent domain, and upon determination of the new northerly right of way line of East Palm Canyon Drive and vacation of the public highway, street or public utility uses on said portions and the recordation of a resolution evidencing such vacation, there may be remnant parcels which will be unnecessary for any present or prospective public use and which will become surplus public property. In accordance with Sections 37350 and 37351 of the Government Code and Section 8355 of the Streets and Highways Code, any such remnant parcels will be of value only to the abutting parcels, and 3 I may be disposed of by the City, for the benefit of the City of Cathedral City, as surplus public property to the owners of the said abutting parcels, by deed or deeds executed on behalf of the City by the City Manager, for such consideration as determined by the City Manager. Upon the determination of the new northerly right of way line of East Palm Canyon Drive, there will be the need for additional highway dedication along the north side of east Palm Canyon Drive, easterly of Allen Avenue; j. The City General Plan does not apply to the proposed vacation of the streets, alley, and various easements described herein because all such parcels are local streets, or facilities which are not shown or mapped in the Circulation Element of the City's adopted General Plan. SECTION 2. RESERVATION: The City Council also finds and determines that there are existing utilities in all the portions of Grove Street and Hillery Road, and the alley, described in 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 said streets and alley 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. The above public utility reservation shall not be required for the vacation of any portions of the said streets and alley as described in the attached Exhibit "A" if the utility facilities within the said portions of streets and alley are removed, relocated or otherwise cleared from the streets and alley 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 or sidewalk easements or reserved utility easements as described in the attached Exhibit "A" until such time as the Director of Engineering/Public Works 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, highway easement or other easement to be vacated; or 4 b. that suitable utility easements have been granted to the appropriate utility owners or 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, alley or easements have been removed, relocated or otherwise cleared from the streets, alley 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; or d. that any required street dedications have been made to the City by the applicant where it is found that highway right of way is needed along East Palm Canyon Drive. SECTION 4. VACATION IN PORTIONS OR SEGMENTS: The City Council hereby authorizes the vacation of the public streets, highways, alley and public highway and public utility easements, sidewalk easements and reserved 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 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 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 2020-950, then the first recorded resolution would be numbered 2020-950-A; the second would be numbered 2020-950-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. 5 i I APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held this 22nd day of January, 2020, by the following vote: Ayes: Councilmember Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar Noes: None Absent: Councilmember Lamb Abstain: None J:i n Aguilar, Mayor ATTEST: f ity f Cathedral C Pk i.C. k) Tracey R Vlartiniez, CMC City Clerk APPROVED AS TO ' • VEr Eric S. Vail, ity Attorney Resolution Attachments: Exhibit A: Legal Description of street, highway, alley and highway and public utility Segments to be vacated Exhibit B: Sketch showing streets, alley, easements and reserved utility easements proposed to be vacated Exhibit C: Form of Resolution for vacating portions or segments of streets, highway, alleys, and highway and public utility easements 6 EXHIBIT "A" LEGAL DESCRIPTION OF AREAS TO BE VACATED ALL PUBLIC STREET, HIGHWAY, ALLEY AND PUBLIC UTILITY INTERESTS IN THE FOLLOWING DESCRIBED PARCELS: PARCEL "A": ALL OF 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, EXCEPTING THEREFROM THE EAST 300 FEET THEREOF, AND ALSO EXCEPTING THEREFROM THE WEST 10 FEET THEREOF; PARCEL "B": ALL OF ALLEY LOT "BB", AS SHOWN ON SAID MAP OF CATHEDRAL CITY; PARCEL "C": ALL OF LOT "X" (GROVE STREET) AS SHOWN ON SAID MAP OF CATHEDRAL CITY, EXCEPTING THEREFROM THE EAST 250 FEET THEREOF, AND ALSO EXCEPTING ALL THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 78 AS SHOWN ON THE MAP OF SAID CATHEDRAL CITY; THENCE, NORTHERLY ALONG THE WEST SIDE OF SAID LOT 78 A DISTANCE OF 29.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 71° 33' 34" WEST, PARALLEL WITH THE CENTERLINE OF BROADWAY, 80 FEET WIDE, AS SHOWN ON THE MAP OF CATHEDRAL CITY, A DISTANCE OF 86.64 FEET TO AN ANGLE POINT; THENCE NORTH 70° 31' 31" WEST, 103.46 FEET TO A POINT ON THE SOUTH LINE OF LOT 71, OF SAID CATHEDRAL CITY, DISTANT THEREON 9.67 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 71 , BEING THE POINT OF ENDING OF THIS DESCRIBED LINE. PARCEL "D": AN EASEMENT FOR PUBLIC SIDEWALK AND PUBLIC UTILITY PURPOSES ON THAT PORTION OF LOT 71 AS SHOWN ON THE SAID MAP OF CATHEDRAL CITY, DESCRIBED IN THE EASEMENT DEED RECORDED ON DECEMBER 5, 1997, AS INSTRUMENT NO. 447844, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY. PARCEL "E": AN EASEMENT FOR PUBLIC SIDEWALK AND PUBLIC UTILITY PURPOSES ON THOSE PORTIONS OF LOTS 68, 69 AND 70, AS SHOWN ON THE SAID MAP OF CATHEDRAL CITY, DESCRIBED IN THE EASEMENT DEED RECORDED ON NOVEMBER 12, 1997, AS INSTRUMENT NO. 414316, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY. PARCEL "F": ALL THAT PORTION OF THE EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY AND PUBLIC UTILITY PURPOSES ON LOT 73 AS SHOWN ON THE MAP OF SAID CATHEDRAL CITY, AS DESCRIBED IN THE GRANT OF EASEMENT RECORDED ON APRIL 29, 1992, AS INSTRUMENT NO. 152485, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING EASTERLY OF A LINE PARALLEL WITH AND DISTANT EASTERLY 30 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF MONTY HALL DRIVE (FORMERLY VAN FLEET AVENUE). PARCEL "G": ALL PUBLIC HIGHWAY AND PUBLIC UTUILITY USES ON THAT PORTION OF LOT 72 AS SHOWN ON THE MAP OF SAID CATHEDRAL CITY DESCRIBED AS THE EXCEPTION IN THE GRANT DEED RECORDED ON DECEMBER 5, 1997, AS INSTRUMENT NO. 447845, IN OFFICIAL RECORDS, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 78 OF SAID CATHEDRAL CITY; THENCE, NORTHERLY ALONG THE WEST SIDE OF SAID LOT 78 AS SHOWN ON THE MAP OF CATHEDRAL CITY A DISTANCE OF 29.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 71° 33' 34" WEST, PARALLEL WITH THE CENTERLINE OF BROADWAY, 80 FEET WIDE, AS SHOWN ON THE MAP OF CATHEDRAL CITY, A DISTANCE OF 86.64 FEET TO AN ANGLE POINT; THENCE NORTH 70° 31' 31" WEST, 199.36 FEET, MORE OF LESS, TO POINT ON THE WEST LINE OF SAID LOT 72, OF SAID CATHEDRAL CITY, DISTANT THEREON 31.77 FEET NORTHERLY FROM THE SOUTHWEST CORNER OF SAID LOT 71, BEING THE POINT OF ENDING OF THIS DESCRIBED LINE. (Note: The final descriptions of Parcel "C" and Parcel "G" above may vary in the final vacation resolution depending upon the ultimate location of the northeasterly right of way line of East Palm Canyon Drive.) UTILITY EASEMENTS RESERVED FROM PREVIOUS VACATIONS: ALL THOSE EASEMENTS FOR PUBLIC UTILITY PURPOSES, OVER, UNDER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED PARCELS, FOR THE MAINTENANCE, OPERATION, REPLACEMENT, REMOVAL, RENEWAL OR ENLARGEMENT OF OVERHEAD OR UNDERGROUND PUBLIC UTILITY FACILITIES, TELEPHONE AND COMMUNCATION FACILITIES, ELECTRICAL POWER TRANSMISSION AND DISTRIBUTION FACILITIES, CABLE TELEVISION, INTERNET AND COMMUNICATION LINES, WATER AND SEWER MAINS, LATERALS, AND APPURTENANCES AND OTHER PUBLIC SERVICE PURPOSES RESERVED FROM THE VACATION OF THOSE PUBLIC STREETS, ALLEYS, AND EASEMENTS DESCRIBED IN CITY COUNCIL RESOLUTION NO. 2017-11-A , RECORDED ON AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0330780, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY, AND IN CITY COUNCIL RESOLUTION NO. 2015-49-A, RECORDED ON AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0330781, IN OFFICIAL RECORDS OF RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SEGMENTS A, B, C, E, F AND G, FROM VACATION NO. 2017-01, DESCRIBED IN THE RESOLUTION RECORDED AUGUST 10, 2017, AS INSTRUMENT NO. 2017- 0330780, IN OFFICIAL RECORDS: SEGMENT "A": ALL OF LOT "B" (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; SEGMENT "B": THAT PORTION OF LOT "G" (ALLEN AVENUE), AS SHOWN ON SAID MAP OF CATHEDRAL CITY, BOUNDED ON THE NORTH BY A LINE PARALLEL WTH AND 13.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM 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), ALL AS SHOWN ON SAID MAP; SEGMENT "C": THE EAST 300 FEET OF LOT "Y" (HILLERY ROAD, FORMERLY FIRST STREET), AS SHOWN ON SAID MAP OF CATHEDRAL CITY; SEGMENT "E": ALL THAT CERTAIN 20-FOOT-WIDE PUBLIC ALLEY LOCATED WITHIN LOT 48 OF CATHEDRAL CITY, AS SAID ALLEY IS SHOWN ON THE MAP FILED IN BOOK 11, AT PAGE 11 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, EXCEPTING THEREFROM THE NORTH 13.00 FEET THEREOF; SEGMENT "F": THOSE PORTIONS OF LOTS 50, 51 , 52, 53, 54 AND 55 OF CATHEDRAL CITY AND A PORTION OF THE EAST HALF OF LOT "H" (ALLEY) AS VACATED BY THE COUNTY BOARD OF SUPERVISORS, LOCATED 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 THEREFROM THE EAST 8.00 FEET THEREOF; SEGMENT "G": THAT PORTION OF LOT 50 OF CATHEDRAL CITY 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 THEREFROM 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 THE SAID MAP OF CATHEDRAL CITY; SEGMENTS 1 THROUGH 13, INCLUSIVE, FROM VACATION NO. 2015-01, DESCRIBED IN THE RESOLUTION RECORDED AUGUST 10, 2017, AS INSTRUMENT NO. 2017-0330781, IN OFFICIAL RECORDS: 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 OF CATHEDRAL CITY, EXCEPTING THEREFROM THE EAST 8.00 FEET THEREOF; SEGMENT 3: THE EAST 250 FEET OF LOT "X" (GROVE STREET), AS SHOWN ON SAID MAP OF CATHEDRAL CITY; SEGMENT 4: ALL OF LOT "E" (DAWES STREET), AS SHOWN ON SAID MAP OF CATHEDRAL CITY, EXCEPTING THEREFROM THE EAST 8.00 FEET THEREOF; SEGMENT 5: ALL OF LOT "F" (DAWES STREET), AS SHOWN ON SAID MAP OF CATHEDRAL CITY; SEGMENT 6: THAT PORTION OF LOT "G" (ALLEN AVENUE), AS SHOWN ON SAID MAP OF CATHEDRAL CITY, 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 67.54 FEET NORTHEASTERLY, 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 OF CATHEDRAL CITY, 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: THOSE PORTIONS OF LOTS 50, 51, 52, 53, 54 AND 55 OF CATHEDRAL CITY AND A PORTION OF THE EAST HALF OF LOT "H" (ALLEY) OF CATHEDRAL CITY, AS VACATED BY THE 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 THEREFROM THE EAST 8.00 FEET THEREOF; SEGMENT 9: THAT PORTION OF LOT 50 OF CATHEDRAL CITY 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 THEREFROM 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 THE SAID MAP OF CATHEDRAL CITY; SEGMENT 10: THOSE PORTIONS OF LOTS 101, 102, AND 103 AND THAT PORTION OF LOT "F" (DAWES STREET), ALL OF CATHEDRAL CITY, 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: THAT PORTION OF LOT 82 OF CATHEDRAL CITY 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 NORTHEASTERLY OF A LINE PARALLEL WITH AND LOCATED NORTHEASTERLY 67.54 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF BROADWAY, AS SHOWN ON THE SAID MAP OF CATHEDRAL CITY; SEGMENT 12: THAT PORTION OF LOT 95 OF CATHEDRAL CITY DESCRIBED AS "PARCEL 1" 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 THEREFROM 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 THE SAID MAP OF CATHEDRAL CITY; SEGMENT 13: THAT PORTION OF LOT 104, AS SHOWN ON THE MAP OF CATHEDRAL CITY, ACQUIRED BY THE CITY OF CATHEDRAL CITY BY GRANT DEED RECORDED ON 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 SAID WEST LINE, 1.27 FEET TO THE POINT OF BEGINNING. /// + oc. l v • A,- I / VAN FLEET AVE. xi MONTY HALL DRIVE a o> MVO —__ 1 LOT DD "0 r LOT CC f m i ' ,n SDR F m j' a 0 i. 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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, SIDEWALK EASEMENTS AT THE NORTHWEST QUADRANT OF EAST PALM CANYON DRIVE AND DATE PALM DRIVE, IN THE CITY OF CATHEDRAL CITY. (VACATION NO. 2019-01) 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 December 11, 2019, adopted Resolution No. 2019-45, declaring its intention to vacate those portions of Hillery Road (formerly First Street), Grove Street, a public alley between Grove and Hillery, sidewalk and public utility easements, and various utility easements reserved from the previous vacation of other portions of Hillery Road, Grove Street, Dawes Street, Allen Avenue, and public alleys, and easements for street and highway purposes, as were more particularly described in Exhibit "A", which was attached to and made a part of said Resolution of Intention No. 2019-45, and to conduct a public hearing thereon on Wednesday, January 22, 2020; and WHEREAS, this Council, on January 22, 2020, 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. 2020- ' , which vacated the streets, highways, alley and easements described in Exhibit "A" , which was attached to and made a part of said Resolution No. 2020- 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; or (d) that any required street dedications had been made to the City of Cathedral City along East Palm Canyon Drive, where it was found that highway right of way was needed; and WHEREAS, said Resolution No. 2020- 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. 2020- shall be recorded by the City Clerk until the City Clerk is notified in writing by the Director of Engineering/Public Works or the City Manager that the above conditions had been met; and WHEREAS, said Resolution No. 2020- 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 Director of Engineering 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. 2020- , adopted on January 22, 2020: (insert legal description of portion to be vacated with utility reservation if needed) B. In accordance with the provisions of Resolution No. 2020- , adopted and approved on January 22, 2020, 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. 2020- , adopted January 22, 2020. Mayor ATTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Director of Engineering/Public Works APPROVED: City Manager