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Home My WebLink AboutCC Reso 2007-47 RESOLUTION NO. 2007- `( 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF EXCESSPORTIONS OF A STORM DRAIN EASEMENT ON LOT "D" AND LOTS 8 THROUGH 27 OF TRACT NO. 28561-1 AND ON LOTS "D", "N", "0"AND"P", AND LOTS 130 THROUGH 145, AND LOTS 152 THROUGH 159 OF TRACT NO. 28561, ALL LOCATED WESTERLY AND NORTHERLY OF PASEO DEL SOL, IN THE RIO DEL SOL DEVELOPMENT, SOUTH OF GERALD FORD DRIVE. . (VACATION NO. 07-01) WHEREAS, the Rio Del Sol storm drain is a City maintained Master Storm Drain facility within portions of the Rio Del Sol residential development, located generally south of Gerald Ford Drive, opposite Plumley Road; and WHEREAS, in the course of development of the Rio Del Sol development, a storm drain easement for the facility was granted to the City of Cathedral City along the route of the storm drain by the United States of America, acting through the Director of the Palm Springs office of the Bureau of Indian Affairs, which easement was recorded on September 3, 2002, as Instrument No. 2002-488294 in Official Records of Riverside County, California; and WHEREAS, when the final subdivision map for Tract No. 28561-1 was approved and recorded on September 17, 2002, in Book 323, at Pages 35 through 49, inclusive, of Maps, records of Riverside County, the same storm drain easement was shown on the map and was offered for dedication to and accepted by the City of cathedral City; and WHEREAS, the said storm drain easement as described in the above Grant of Easement and as offered for dedication and accepted on the final map of Tract No. 28561- 1 is of variable width, and is located on all or portions of Lot "D" and Lots 8 through 27, and Lots 117 through 125 of Tract No. 28561-1; and WHEREAS, portions of Tract No. 28561-1 were subsequently re-subdivided by the approval and recordation of the subdivision map for Tract No. 28561, recorded on October 14, 2003, in Book 343, at Pages 15 through 22, inclusive, of Maps, records of Riverside County, and the said storm drain easement, by virtue of this re-subdivision, now is also located on portions of Lots "D", "N", "0", and "P" and Lots 130 through 145, and Lots 152 through 159 of said Tract No. 28561; and 1 WHEREAS, the subdivider of said Tract No. 28561-1 and 28561 has requested that the excess portions of the said storm drain easement, as described in the attached Exhibit "A" be vacated and abandoned such that only a 20 foot wide easement, centered along the storm drain, would remain; and WHEREAS, pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (said part being the Public Streets, Highways, and Service Easements Vacation Law), and subject to Section 892 of the Streets and Highways Code, this Council, on June 13, 2007, adopted Resolution No. 2007-34, declaring its intention to vacate the excess portions of the above described variable width storm drain easement, such that only a 20 foot wide easement would remain, as hereinafter described; and WHEREAS, this Council did, on August 8, 2007, after publishing and posting of due notice thereof, did open a public hearing into this matter, and did find and determine that all other legal requirements of said Public Streets, Highways, and Service Easements Vacation Law had been complied with, and that all applicable requirements of the California Environmental Quality Act (CEQA) had been complied with; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Cathedral City as follows: SECTION 1. FINDINGS: The City Council finds and determines that: a. The excess portions to be vacated of the above described storm drain easements are described in the legal description and sketch, marked Exhibit"A" and Exhibit"B",which are attached hereto and made a part of this Resolution, and such excess portions are found to unnecessary for any present or prospective use. b. Pursuant to Section 892 of the State Streets and Highways Code, the excess portions of the storm drain easement are not now and will not in the future be useful as a non-motorized transportation facility as defined in Section 887 of the said Streets and Highways Code; and c. The vacation of the excess portions of the said storm drain easement is exempt from the requirement for an environmental finding pursuant to the General Rule in the California Environmental Quality Act (CEQA) Guidelines, Sec. 15061(b)(3), because it can be seen with certainty that the vacation of the excess portions of the storm drain easement has no possibility of a significant effect on the environment based upon the evidence presented in the Staff Report. d. The vacation of the above described portions of said storm drain easement is consistent with the "Flooding and Hydrology" Element of the General Plan because the 2 Master Plan Storm Drain itself is not affected, and the remaining easement width is adequate for access and maintenance of the storm drain. e. Copies of the Resolution of Intention and public notices for the public hearing were duly posted and published in accordance with the Streets and Highways Code, and all other proceedings and procedures were similarly performed and done pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, said Part 3 being the "Public Streets, Highways, and Service Easements Vacation Law". SECTION 2. VACATION: Subject to the completion of the condition set forth in Section 3 following, the excess portions of the said storm drain easement as described above in Section 1(a) and as described and shown in Exhibits "A" and "B" are hereby ordered vacated and abandoned. SECTION 3. CONDITIONS: This Council hereby determines that the public safety, convenience, and the orderly development of the area requires that the City Clerk shall NOT consent to the recordation of this Resolution until the City Engineer has certified in writing to the City Clerk that the following condition has been met: That a Request for Partial Termination of the excess portions of the storm drain easement as granted by the United States of America has been approved by the Palm Springs office of the Bureau of Indian Affairs. 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, ONLY after receipt by the City Clerk of the written certification described in Section 3 above. SECTION 5. From and after the date this Resolution is recorded, the excess portions of the above described storm drain easements, as described and shown in Exhibits "A" and "B" are abandoned and vacated. /� APPROVED AND ADOPTED this <r) ' day of /` , 2007. M OR ST: CITY CLERK L 3 APPROVED AST ORM: APPROVED ASTO CONTENT: t< XsolCITY ATTO Y DEPARTMENT OV ED +{1P PR/A n`: ynjelCITY MANAGER Attachments: Exhibit A: Legal description of Excess Easements to be vacated Exhibit B: Sketch showing excess portions of easement to be vacated 4 SHEET 1 OF 2 SHEETS EXHIBIT A STORM DRAIN EASEMENT VACATION SECTION 34, T. 4 S., R. 5 E., S.B.M. LEGAL DESCRIPTION ALL THAT PORTION OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERID►AN, DESCRIBED IN GRANT OF EASEMENT RECORDED SEPTEMBER 3, 2002, AS INSTRUMENT NO. 2002-488294 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THOSE PORTIONS WITHIN LOTS A AND R OF TRACT NO. 28561-1 AS FILED IN BOOK 323 OF MAPS, PAGES 35 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN LOT F OF AMENDED TRACT NO. 23535-1 AS FILED IN BOOK 247 OF MAPS, PAGES 60 THROUGH 63, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN A TWENTY (20) FOOT STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; THENCE ALONG THE NORTH LINE OF SAID SECTION 34, SOUTH 89°48'00" WEST, 1977.34 FEET TO THE MOST NORTHEAST CORNER OF TRACT NO. 27252, AS SHOWN BY MAP ON FILE IN BOOK 254 OF MAPS, PAGES 75 THROUGH 77, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE EAST LINE OF SAID TRACT, SOUTH 00°35'00" WEST, 659.96 FEET TO THE NORTHWEST CORNER OF LOT 31 OF TRACT NO. 28561-1, ON FILE IN BOOK 323 OF MAPS, PAGES 35 THROUGH 49, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NO. 28561-1, SOUTH 40°02'37"WEST, 147.43 FEET TO THE MOST NORTHERLY CORNER OF LOT A OF SAID TRACT; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, SOUTH 49°54'57" EAST, 20.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 185.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31'51" AND AN ARC DISTANCE OF 195.45 FEET; THENCE SOUTH 10°36'54" WEST, 106.89 FEET TO THE NORTHERLY LINE OF LOT D OF SAID TRACT NO. 28561-1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 68°02'59" WEST, 13.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°37'56"WEST, 253.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 77°43'48" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°04'27" AND AN ARC DISTANCE OF 447.84 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 70°11'45" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°54'32" AND AN ARC DISTANCE OF 423.69 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19°53'43" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°45'00" AND AN ARC DISTANCE OF 34.47 FEET; THENCE SOUTH 89°51'17"WEST, 124.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°14'39" AND AN ARC DISTANCE OF 32.50 FEET TO THE EAST LINE OF LOT R OF SAID TRACT NO. 28561-1; THE SIDELINES OF SAID 20 FOOT STRIP BEING LENGTHENED OR SHORTENED TO INTERSECT WITH THE ORTH AND EAST LINES OF SAID LOT R, AND THE NORTH LINE OF LOT D OF SAID TRACT NO. 28561-1. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. W:\Jobs2003\Cathedral city\Riodelsol\MAPPING\TR28561-1\ESMTS\Sdesmtlotd\EXH-A.Doc SHEET 2 OF 2 SHEETS SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. o��o LAND s��G�� 0 ,_ p PHILLIP K.FOMOTOR No. 7070 EXP.12/31/09 PHILLIP K. FOMOTOR, P.L.S. LP-Ty. �`� EXP. 12/31/09 Op CAL1FpCL W:\Jobs2003\Cathedralcity\Riodelsol\MAPPING\TR28561-1\ESMTS\Sdesmtlotd\EXH-A.Doc EXHIBIT B SHEET 1 OF 5 SHEETS r W ZEE 0 O GERALD FORD DRIVE q a s0(4 LEGEND SUNNY // A�NI SITE LANE V /I EASEMENT AREAS TO BE VACATED DEL sot. r PAPAYA a Fq o LANE T.P.O.B. TRUE POINT OF BEGINNING st zr -J P.O.C. POINT OF COMMENCEMENT y M m- c RAD RADIAL '>> NT NON-TANGENT VICINITY MAP FRANK SANATRA DRIVE NO SCALE GERALD FORD DRIVE — f�rL r N89'48'00"E 1977.34' — — — — G• I I TR 27252 P•O• w I r 1 ��® a��-�� NW CORNER SECTION 34 0 \\ \\N40'02'37"E b _II \ 147.43' io 1 I I — / IQ 11 I N II II F— I I lI I > ,...__LI-LJ-JII--t--1 oZI rr-r1-TT _ I -1\ a I �\ ` Jr I I I I I I r_1 \ / ,SECTION; 34 - I` , �� 1- , ;' C �Q. I r:��,- / ( SHEET 2 --- lima _] / krill I �l - I , --/ ., _ 1 !r-III] ;! _ _\� SHEET 3 '�I - , I . -J I , I Ir- ale\ � '� F_ II�- 0, I I --�—tit: 0, ''_ �m III SHEET 4 I I_-J ci ' I ViiliWi P � '6 ill 2L u i \\\\-/ / im.___,„„•iiii0*/ 4 SHEET 5 r � .j il l L_L—L- SCALE 1"=500' -IT-� 1T—r I I \ I I I I Z -I-1-1— L_1—L a ez LAND INDEX MAP o s F THIS DOCUMENT WAS PREPARED 0 BY ME OR UNDER MY DIRECTION, NO SCALE PHILLIPK FOMOTOR BASED 0 INFORMATION. r NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND No. 7070 i EXP.12/31/09 REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE s�, EASEMENTS WITHIN THE AREA BEING VACATED THAT ARE qTF ,�\ PHILLIP K. FOMOTOR, P.L.S. li NOT SHOWN ON THIS DOCUMENT. Dp CAL1FC EXP. 12/31/09 3 k EXHIBIT B SHEET 2 OF 5 SHEETS , N (ii, ,,,\N NNNN ,..,'-).4 36�. 32 N ``'`°1,�°� Po ,, � N49'54'57"W `� N 20.44' 37 ��6 33 \ , ..11( x 0 ` o N \\ \` �\ VD \\ 39 o. SCALE 1"=60' �\\ ��LA l 1 \c0 tI I,LP P\ 40 I \ IU, II \ I 1 I 1 1 1 - 1I /// LOT F i 1 \ AMID TR 23 35 1 e ail® 247/60 63 iW C ' �)c ' � i 'Z , ' II ' ' I i NO‘' 1-5:\i" 11W*I \I r eri T / cv kW 1 e �� l Flo 323/35 49 -- / I 7 1 �� 4 ' 13 N z 10' Igo N 2 r „ ,i SEE SHEET 3 LAND ��O SGR `�`� GF THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, PHILLIPK.FOMOTOR BASED ON RECORD INFORMATION. NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND No. 7070 REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE �,� EXP.12/31/09EASEMENTS WITHIN THE AREA BEING VACATED THAT ARE qTF �`'\ PHILLIP K. FOMOTOR, P.L.S. L NOT SHOWN ON THIS DOCUMENT. °F CAL\FC EXP. 12/31/09 3 . . EXHIBIT B SHEET 3 OF 5 SHEETS / / 4 1 / SEE SHEET 2 11 �� ' 13Jk 2 ' r41 ) /ca _NI / 14 IM . 4,/,/_ I O SCALE 1"=60'---------71 • • CD 9-1 I#U, el N77434W RAD-NT ' 16 p r i . 130 O, %% I to C D / I 1 129 I 131 I o I 10 w N 19 — — a r ' o 133 I I / I r x / II L J / v /m. H I•Cn // N / / 21 13453 10 1 1 �/ I co i 0 0 N I SEE SHEET 4 < LAND ��/ �(3 BYIS MEOCUMENT OR UNDER MY AS PREPARED DIRECTION, 1 PHILLIP K.FOMOTOR BASED ON RECORD INFORMATION. t NOTE: • THERE MAY BE EASEMENTS OF RECORD DELINEATED AND No.7070 n EXP.12/31/09 REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE s� P • EASEMENTS WITHIN THE AREA BEING VACATED THAT ARE -92F Q,,\ PHILLIP K. FOMOTOR, P.L.S. • NOT SHOWN ON THIS DOCUMENT. OF CA1_1Fo EXP. 12/31/09 3 ` EXHIBIT B SHEET 4 OF 5 SHEETS SEE SHEET 3 % /, 21 53 I \ 0 RA o �r 135 1 ,J � 22 �, 54 I a- Is \„ Ta \ CD CD 121 00 $ \ \Aly.10 a 1 411 A \ -- li‘ \ 136 ‘ $ 0 jo \ co -----------\ — 0 i 111 I R 5o Iii a ,39 1 26 Q f-------- — -E"lifigifYiD 111: 4134,5 — Ise a_ -22 A" f D / / • '-)/ re , 0 c.,, 205 0,, i""oliiiiiiiiiiii \ /v/ 0. �g51��a ,400 //cC . 47 / a. N CD I 14� 7// �� o SCALE 1"=60' .' , SEE SHEET 5 ��o `ANp�SGRL , Ce �� \Fo THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, PHILLIP K.FOMOTOR BASED ON RECORD INFORMATION. NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND No.7070 o REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE s5, EXP.12/31/09 P EASEMENTS WITHIN THE AREA BEING VACATED THAT ARE -ir NOT SHOWN ON THIS DOCUMENT. of Cikt_1 � EXP.LIP2�31�MOTOR, P.L.S. 3 EXHIBIT B SHEET 5 OF 5 SHEETS UOo / m 343— 106 107 10 0 1009 �j / D�\`�� 140 11l / 5� D fib\ a (— xNNNNN SCALE 1"=60' (1 141 W • /= TR 26561 e SIB 343/15 22 142 / w 0 146 145 144 143 tit°� Cn \Lt. 4=37'14'39" a\�04,0 ��, �\u'' R=50.00' \ S`L .00 ,/ \i i__________-..————— --- 0-1,- ,,,,,,, N89'51'17"E 124.97'- , �iiiiii i I gr"Ir 4=19'45'00" ��b V / ( o R=100.00' L=34.47' 116 0' 154 �b� ��'5 4---- + + al �i �— �' Lo w 26561A x v 97 N 115 z 0 p 100 99 g o 0 00 0 0 oa M ,L �0 LAND So N C.) 1 cl, '� Goo THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, o PHILLIP K.FOMOTOR BASED ON RECORD INFORMATION. t NOTE: THERE MAY BE EASEMENTS OF RECORD DELINEATED AND No. 7070 REFERENCED ON THE UNDERLYING MAP OR THERE MAY BE tP EXP 12/31/09 EASEMENTS WITHIN THE AREA BEING VACATED THAT ARE -9r ` NOT SHOWN ON THIS DOCUMENT. F of CAL1FD�� PHILLIP K. FOMOTOR, P.L.S. 3 EXP. 12/31/09