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2021-0229258
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RECORDING REQUESTED BY: Recorded in Official Records
City of Cathedral City County of Riverside
Peter Aldana
City Clerk Assessor—County Clerk—Recorder
AND WHEN RECORDED MAIL TO: WiRatiVihtittill111
elll Ell
City of Cathedral
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Cathedral City, CA 92234 • M A L 465 426 PCOR NCOR SMF NCHG EXAM
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Resolution 2021 -03
Title of Document
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE
SUMMARY VACATION OF A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT ON LOT 202 OF PALM SPRINGS
OUTPOST NO. 5, WITHIN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5
EAST, S.B.M. (VACATION 2020-01)
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
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ACR 238(Rev.03/2008)
RESOLUTION NO. 2021-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A FIVE-
FOOT WIDE PUBLIC UTILITY EASEMENT ON LOT 202 OF PALM
SPRINGS OUTPOST NO. 5, WITHIN THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.
(VACATION 2020-01)
WHEREAS, a request to vacate and abandon a five-foot wide public utility
easement on Lot 202 of Palm Springs Outpost No. 5, at the northwest corner of Sarah
Street and Agua Caliente Trail, in the City of Cathedral City, has been received from the lot
owner by the Engineering Department of the City of Cathedral City; and
WHEREAS, the said public utility easement was offered for dedication for public use
to the County of Riverside on the map of Palm Springs Outpost No. 5, as shown by map
filed in Book 26, at Page 88, of Maps, in the office of the County Recorder of Riverside
County, California; and
WHEREAS, said offer of dedication for the said public utility easement was accepted
by the County of Riverside by certificate on said map, which was recorded on January 12,
1954 in said Book 26, at Page 88 of Maps; and
WHEREAS, the portion of the said public utility easement to be summarily vacated
is more particularly described as follows:
All that five-foot wide public utility easement on the North side of Lot 202 ,
as shown on the map of Palm Springs Outpost No.5 filed in Book 26, at
Page 88, of Maps, in the office of the County Recorder of Riverside County,
California (Assessor Parcel No. 677-446-022); and
WHEREAS, a report has been received from the Director of Engineering that the
above described public utility easement on Lot 202 has no present or prospective public
use, and that the vacation and abandonment of any City interests in said easement will not
have a significant effect on the environment.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Cathedral City as follows:
SECTION 1. Authority: This vacation is being conducted pursuant to Chapter 4 of
Part 3 of Division 9 of the State Streets and Highways Code, said Part 3 being the "Public
Streets, Highways, and Service Easements Vacation Law" (Sections 8330 through 8336).
SECTION 2. The City Council finds and determines that:
A. Pursuant to Section 8333(a) of the said Streets and Highways Code, the above
described public utility easement has not been used for any public purpose for the five
consecutive years immediately preceding the application for this vacation; and
B. Pursuant to Section 8333(c) of said Code, the above described easement is
excess to the needs of the City of Cathedral City and there are no public facilities located
within the portion of the public utility easement to be vacated.
C. In accordance with State Guidelines, the vacation of the above described
public utility easement is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the "General Rule" exemption of Sec. 15061(b)(3) of the
Guidelines which states that"where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA".
D. This vacation is exempt from a finding of conformance with the City General
Plan since the General Plan has no Element defining existing public utility easements or
their disposition.
SECTION 3. Summary Vacation. Any and all City interests, or interests held by the
City on behalf of the public in the above described five-foot wide public utility easement on
said Lot 202 are hereby summarily vacated and abandoned, and from and after the date of
recordation of this Resolution, all such interests shall be of no force or effect and are
terminated.
SECTION 4. The City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by her under seal, to be recorded in the Office of the County Recorder
of Riverside County.
APPROVED AND ADOPTED at a regular meeting of the City Council for the City of
Cathedral City held this 24th day of February 2021, by the following vote:
Ayes: Councilmembers Ross and Carnevale and Mayor Pro Tem Gutierrez
Noes: None
Absent: None
Abstain: Councilmember Lamb and Mayor Gregory
All eiIi
RS! on. :g: , Mayor
ATTEST:_ AA ta-
I
Tracey R. 1 artinez, CMC, City C -
APPROVED AS TO FORM:
City A orney