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HomeMy WebLinkAboutRecorded Doc 2022-010 -010 2022-0271777 06/15/2022 02:26 PM Fee: $ 0.00 Page 1 of 4 Recorded in Official Records PLEASE COMPLETE THIS INFORMATION County of Riverside RECORDING REQUESTED BY: Peter Aldana Assessor-County Clerk-Recorder City ofCl Cathedral City I CityClerk , �`,��� I I ■Ih � ,�u� AND WHEN RECORDED MAIL TO: 9 3 City of Cathedral City Clerk's Office S R U PAGE SIZE DA MISC LONG RFD COPY 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 M A L 465 426 PCOR NCOR SMF NCHG EXAM Exempt from recording fees pursuant to GC Section 6103 and 27383. T: CTY UNI Space above this line for recorder's use only Resolution 2022-26 Title of Document A Resolution of the City Council of the City of Cathedral City, California, Ordering the Summary Vacation of a Fie-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) TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.03/2008) 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 R'Hermosillo, CMC, City Clerk APPRO.• A • ORM: I,Tracey R.Hermosillo,City Clerk,City of Cathedral City,California,do hereby certify under penalty of perjury that the foregoing document is a full,true and correct copy of the. ..inal document. Eric S. Vail, City Attorney • .i . . _ #11 ! , tlD•13. L ja Tracey R. !! .sillo,CMC,City Clerk Date NW 1/4 SEC 27, T4S, R5E, SBM VICTORIA DRIVE 0 M (----- 5' PUE-- --- CATHEDRAL POR LOT 24 ESTATES NO. 2 > PLUMLEY & SON MB 26/85 0 SUBDIVISION Z MB 10/94 LOT 33 Z 0 w >- _ N 20' LOT 32 I < I E I 0 2 J PARCEL 1 Q a. w PARCEL MAP NO. 18201 w PMB 116/98-99 0 30' 3d� I 1 I PARCEL 2 'cpC-Q..Jl1ND S�/P• G PREPARED UNDER THE SUPERVISION OF: �� Fy - . • • No. 8722 r • Exp. 06/30/22 .: s SCALE: 1" = 60' TUNG JU HSIEH DATE: 12/10/21 'lie of CA��F \ 11 P.L.S. 8722, EXP. 12/31/20 ....• 0 20 40 60 120 _minim SCALE: 1' = 60' a6 •Engineering •Planning •Survey •Enviromnental PUBLIC UTILITY EASEMENT VACATION DATE: 12/10/21 The Altum Group PLAT SHEET: 1 OF 1 44-600 Village Court,Suite 100,Palm Desert,CA 92260 DRAWN BY: TJH t.760.346.4750 TheAltumGroup.com f.760.340.0089 PROJECT NO.: C1469 CHECKED BY: BC