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HomeMy WebLinkAboutRecorded Doc 2023-014 /41 2023-0047632 02/17/2023 04:31 PM Fee: $ 0.00 PLEASE COMPLETE THIS INFORMATION Page 1 of 3 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: 1111§111�1 h � �f r I�'111'1'yl� 'I II 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 No. 2023-01 Title of Document 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) 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. 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 11th 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 � Ri ✓Lamb, Mayor r� ATTEST: Tracey R. efmosillo, CMC, City Clerk APPROVED S T RM: City Attorney I,Tracey R.Hermosillo,City Cleric,City of Cathedral City,California,do hereby certify under penalty of perjury that the foregoing document is a full,true and ct copy of the original document. ti r�`ty DI .3D.�( Tracey R. ' ,CMC,City Clerk Date