HomeMy WebLinkAboutCC Reso 2023-01 RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF ALLEY
LOT "AC" OF CATHEDRAL CITY PER MAP RECORDED IN BOOK 13,AT
PAGES 24 THROUGH 26, OF MAPS, RIVERSIDE COUNTY RECORDS,
BEING A 20-FOOT-WIDE UNIMPROVED ALLEY LOCATED BETWEEN
COVE LANE AND GROVE STREET, EAST OF CATHEDRAL CANYON
DRIVE, WITHIN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
S.B.M. (VACATION 2022-02)
WHEREAS, a request to vacate and abandon an unimproved 20 foot wide alley,
shown as Lot "AC" on the map of Cathedral City, filed in Book 13, at Pages 24 through 26,
inclusive, of Maps, Records of Riverside County, located between Cove Lane and Grove
Street, east of Cathedral Canyon Drive, has been received by the Engineering
Department of the City of Cathedral City from Indio 40 Investments, LP, the owner of the
vacant lots on each side of the subject alley; and
WHEREAS, a report has been received from the Director of Engineering that the
above described Alley Lot "AC" has no present or prospective public use, has not been
open for vehicular traffic, has no public utilities in the alley, that no public funds have been
spent on its maintenance, and that the vacation and abandonment of any City interests in
said alley 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 8331 (a) and (b), of the said Streets and Highways Code,
the above-described public alley has not been open to vehicular travel for the five
consecutive years immediately preceding the application for this vacation, and no public
funds were spent on maintenance of this alley during that period; and
B. Pursuant to Section 8334.5 of said Code, there are no public utility facilities
located within the alley to be vacated that would affect this vacation; and
C. Pursuant to Section 892 of the State Streets and Highways Code, the said alley
to be vacated is 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.
D. In accordance with State Guidelines, the vacation of the above-described
alley 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".
E. This vacation is exempt from a finding of conformance with the City General
Plan since the General Plan has no Element regarding existing public alleys 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 following described public 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:
Lot "AC", of Cathedral City, as shown on the map filed in Book 13, at Pages
24 through 26, inclusive, of Maps, Records of Riverside County, California. .
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 1191 day of January, 2023, by the following vote:
Ayes: Councilmembers Gutierrez, Gregory and Ross; Mayor Pro Tem
Carnevale and Mayor Lamb
Noes: None
Absent: None
Abstain: None ( ../4/;l'
,cam GeJ
Rimb, Mayor
ATTEST:
. .. . ' ' Tea
Tracey R. e mosillo, CMC, City Clerk
APPROVED S T• •RM:
_.. 2
City Attorney