HomeMy WebLinkAboutCC Reso 2022-26 RESOLUTION NO. 2022-26
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 33 AND A PORTION
OF LOT 32 OF CATHEDRAL ESTATES NO. 2, WITHIN SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. (VACATION 2022-01)
WHEREAS, a request to vacate and abandon a five-foot wide public utility easement
on Lot 33 and on a portion of Lot 32 of Cathedral Estates No. 2, at the southwest corner of
Victoria Drive and Eagle Canyon Drivel, in the City of Cathedral City, has been received by
the Engineering Department of the City of Cathedral City from the applicant for Conditional
Use Permit No. 21-016; and
WHEREAS, the said public utility easement was offered for dedication for public use
to the County of Riverside on the map of Cathedral Estates No. 2, as shown by map filed in
Book 26, at Page 85, 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 7,
1954 in said Book 26, at Page 85 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 west side of Lot 33 and
on the west side of the North 20 feet of Lot 32, as shown on the map of
Cathedral Estates No. 2, filed in Book 26, at Page 85, of Maps, in the office
of the County Recorder of Riverside County, California (Assessor Parcel No.
673-172-001); and
WHEREAS, a report has been received from the Director of Engineering that the
above described public utility easement on Lot 33 and a portion of Lot 32 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 33 and a portion of Lot 32 of Cathedral Estates No. 2 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 8th day of June, 2022, by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem
Lamb and Mayor Gutierrez
Noes: None
Absent: None
Abstain: None ---
Ernesto M. Gutierrez, Mayor
ATTEST:
•
Tracey PV Hermosillo, CMC, City Clerk
APPRO B A • FORM:
Eric S. Vail, City Attorney