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Home My WebLink AboutCC Reso 2013-228 RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DECLARING ITS INTENTION TO VACATE EXCESS PORTIONS STREET RIGHT OF WAY ON THE SOUTH SIDE OF SAN JACINTO ROAD (FORMERLY "G" STREET), BETWEEN CATHEDRAL CANYON DRIVE AND VAN FLEET AVENUE, , AND ON THE WEST SIDE OF VAN FLEET AVENUE, BETWEEN SAN JACINTO AND "H" STREET, AND TO VACATE A 20 FOOT WIDE ALLEY, KNOWN AS VERBENA LANE, LOCATED BETWEEN SAN JACINTO ROAD AND "H" STREET, EAST OF CATHEDRAL CANYON DRIVE, ALL BEING PORTIONS OF LOTS B, D, E, F AND H OF THE CATHEDRAL CITY HIGHLANDS SUBDIVISION. (VACATION NO. 2013 -03) WHEREAS, there are shown on the official maps of the City of Cathedral City, California, certain public streets, known as San Jacinto Road, formerly known as "G" Street, located between Cathedral Canyon Drive and Van Fleet Avenue, and Van Fleet Avenue, between San Jacinto and "H" Street, and a 20 foot wide alley, known as Verbena Lane, located between San Jacinto Road and "H" Street; and WHEREAS, in 1925, the "Cathedral City" subdivision map was filed in the office of the Riverside County Recorder, which created a 40 foot wide right of way width for "G" Street, between Cathedral Canyon Drive and Van Fleet Avenue; and WHEREAS, in 1946, the "Cathedral City Highlands" subdivision map was filed on land on the south side of "G" Street, which map dedicated an additional 20 foot wide strip along the south side of "G" Street which then created a 60 foot wide right of way width; and said map also dedicated a half street width of 30 feet for the west side of Van Fleet, creating a 50 foot right of way width, and dedicated a 20 foot wide alley, known as Verbena Lane; and WHEREAS, on September 4, 1985, by City Council Resolution No. 85 -85, the street name of "G" Street was changed to San Jacinto Road; and WHEREAS, all street improvements on San Jacinto Road, between Cathedral Canyon and Van Fleet appear to have been constructed within the original 40 foot wide right of way provided by the Cathedral City subdivision map, and there appear to be no street or public utility improvements within the additional 20 foot wide strip of right of way dedicated by the Cathedral City Highlands subdivision and that this 20 foot wide strip appears to be excess street right of way with no apparent present or prospective public use; and WHEREAS, all street improvements on Van Fleet Avenue, between San Jacinto Road and "H" Street also appear to have been constructed in an alignment which did not ( utilize the full west half street right of way width, and there appears to be no street or public utility improvements within the westerly 10 feet of the Van Fleet street right of way dedicated by the Cathedral City Highlands subdivision and that this 10 foot wide strip appears to be excess street right of way with no apparent present or prospective public use; and WHEREAS, the 20 foot wide alley, known as Verbena Lane, is a short 180 foot long alley; and WHEREAS, three property owners whose lots abut San Jacinto Road and /or Verbena Lane have applied to the City of Cathedral City to consider the vacation of those portions of the excess 20 foot wide street right of way along the south side of San Jacinto Road and the west 10 feet of Van Fleet Avenue, and the 20 foot alley known as Verbena Lane, all as dedicated on the map of the Cathedral City Highlands subdivision, and as more particularly described in Exhibit "A ", which is attached hereto and made a part hereof. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Cathedral City as follows: SECTION 1. It is the intention of this City Council to consider the vacation of the portion of the south side of San Jacinto Road, between Cathedral Canyon Drive and Van Fleet Avenue, and the portion of the west side of Van Fleet Avenue, between San Jacinto and "H" Street, and the 20 foot wide alley known as Verbena Lane, as described in said Exhibit "A ". SECTION 2. This vacation proceeding will be conducted under 'Part 3 of Division 9 of the Streets and Highways Code of the State of California, commencing at Sec. 8300 (said Part 3 being the "Public Streets, Highways, and Service Easements Vacation Law" and subject to Section 892 of said Streets and Highways Code. BE IT FURTHER RESOLVED that a public hearing on this Resolution and the proposed vacation of the herein described portions of San Jacinto Road, Van Fleet Avenue, and Verbena Lane will be held on Wednesday, October 23, 2013, at 6:30 p.m., in the Council Chambers, at the City of Cathedral City Civic Center, located at 68700 Avenida Lalo Guerrero, Cathedral City, California, at which time and place the City Council will hear and consider the proposal and statements from all parties interested in the proposed vacation. BE IT FURTHER RESOLVED that the City Clerk is directed to cause this requested action to be published and posted as follows: 1. A Notice of the Public Hearing on this vacation and a copy of this Resolution shall be forthwith posted in at least the three (3) public places designated by the City for the posting of ordinances and notices. 2. A Notice of the Public Hearing on this vacation request shall be published twice for two successive weeks prior to the hearing in a daily, semi - weekly or weekly newspaper published in the County of Riverside and circulated in the City of Cathedral City. 3. Not later than October 8, 2013, there shall be posted conspicuously along the streets and alley to be considered for vacation, and not more than 300 feet apart, at least three (3) copies of a Notice of the Public Hearing for this vacation and this Resolution. APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on the 1 1 th day of September 2013 by the following vote: AYES: �, NOES: r ABSENT: I " I e S ABSTAIN: d_'"" leen J. 1' osa, Mayor ATTE : B - pu 3 Clerk APPROVED A TO FORM: AP OVED �A T! CON NT: % ! City Attorney Department - APPROVED: 7/ ?flew( Roderic . • •d, Interim ity Manager Attachment: Exhibit A: Legal description of portions of San Jacinto Road, Van Fleet Avenue and 20 ft. wide alley (Verbena Lane) to be considered for vacation EXHIBIT "A" VACATION NO. 2013-03 PORTIONS OF SAN JACINTO ROAD, VAN FLEET AVENUE AND VERBENA LANE (20 FT. WIDE ALLEY) TO BE VACATED All those portions of Lots "B ", "0", "E ", "F" and "H ". as shown on the map of Cathedral City Highlands, as per map filed in Book 21, Page 7 of Maps, in the office of the County Recorder of Riverside County, California, described as follows: Parcel 1: Portion of San Jacinto Road: Beginning at the Northwest comer of Lot "E ", as shown on said map, said corner also being the Northeast corner of Lot 3 as shown on said map; Thence, North 89° 54' West, along the south line of said Lot "B ", a distance of 270.00 feet; Thence, continuing, North 89° 54' West, a distance of 10.00 feet along the North line of that portion of Lot "D" of said map, as vacated by Resolution of the Riverside County Board of Supervisors, recorded on April 23, 1957, in Book 2076, at Page 496, in Official Records of said Riverside County, as Instrument No. 29715, to the beginning of a tangent curve as described in said Resolution, concave Southeasterly and having a radius of 20.00 feet; Thence, Southwesterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet, to a point of cusp; Thence, North 00° 06' East, a distance of 20.00 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 20.00 feet; Thence, Northeasterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet, to a point on the North line of said Lot "B ", Thence, South 89° 54' East, along said North line a distance of 280.00 feet; Thence, South 00° 06' West, 20.00 feet to the Point of Beginning. Containing 6,000 square feet, more or less. Parcel 2: Portion of San Jacinto Road: Beginning at the Northeast corner of Lot "E ", as shown on said map, said comer also being the Northwest corner of Lot 4 of as shown on said map; Thence, North 00° 06' East, 20.00 feet to a point on the North line of said Lot "B; Thence, South 89° 54' East along said North line a distance of 270.00 feet, to the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; Thence, Southeasterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet; Thence, South 00° 06' West, a distance of 20.00 feet to a point on the West line of said Lot "F ", as shown on said map, said point being the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; Thence, Northwesterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet to a point on the South line of said Lot "B" as shown on said map; Thence, North 89° 54' West, 270.00 feet to the Point of Beginning. Containing 5,800 square feet, more or less. Parcel 3: Portion of San Jacinto Road: Beginning at the Northwest corner of Lot "G ", as shown on said map, said corner also being the Northeast corner of Lot 9 as shown on said map; Thence, North 89° 54' West, along the south line of said Lot "B ", a distance of 270.00 feet, to the beginning of a tangent curve as shown on said map, concave Southeasterly and having a radius of 20.00 feet; Thence, Southwesterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet; Thence, North 00° 06' East, a distance of 20.00 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 20.00 feet; Thence, Northeasterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet, to a point on the North line of said Lot "B ", Thence, South 89° 54' East, along said North line a distance of 270.00 feet; Thence, South 00° 06' West, 20.00 feet to the Point of Beginning. Containing 5,800 square feet, more or less. Parcel 4: Portions of San Jacinto Road and Van Fleet Avenue: Beginning at the Northeast comer of Lot "G ", as shown on said map, said corner also being the Northwest corner of Lot 10 of as shown on said map; Thence, North 00° 06' East, 20.00 feet to a point on the North line of said Lot "B; Thence, South 89° 54' East along said North line, a distance of 280.00 feet, to the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; Thence, Southeasterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet, to a point on a line parallel with, and distant Westerly 20.00 feet, measured at right angles, from the centerline of Van Fleet Avenue, as shown on said map; Thence, South 00° 06' West, a distance of 160.00 feet along said parallel line, to the beginning of a tangent curve, concave Northwesterly and having a radius of 20.00 feet; Thence, Southwesterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet to a point on the North line of Lot "C ", as shown on said map; Thence, North 89° 54' West, along said North Tine of Lot "C ", a distance of 10.00 feet, to the beginning of a tangent curve, concave Northwesterly and having a radius of 20.00 feet, as shown on said map; Thence, Northeasterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet to a point on the West line of said Lot "H ", as shown on said map; Thence, North 00° 06' East, along said West line, a distance of 140.00 feet, to the beginning of a tangent curve, concave Southwesterly and having a radius of 20.00 feet; Thence, Northwesterly along said curve, through a central angle of 90° 00' 00 ", an arc distance of 31.42 feet to a point on the South line of said Lot "B" as shown on said map; Thence, North 89° 54' West, 270.00 feet to the Point of Beginning. Containing 7,800 square feet, more or less. Parcel 5: Verbena Lane (20 ft. wide alley): Lot "E" of said Cathedral City Highlands, as per map filed in Book 21, Page 7 of Maps, in the office of the County Recorder of Riverside County, California; Together with the following described portion of Lot "B" of said Cathedral City Highlands: Beginning at the Northwest comer of said Lot "E "; Thence, North 00° 06' East, 20.00 feet, to a point on the North line of said Lot "B "; Thence, South 89° 54' East, 20.00 feet, along the said North line of Lot "8"; Thence, South 00° 06' West, 20.00 feet, to the Northeast corner of said Lot "E "; Thence, North 89° 54' West, 20.00 feet, along the South line of said Lot "B ", to the Northwest comer of said Lot "E ", the Point of Beginning. Containing a total of 4,000 square feet, more or less. `oQ �oE�ssi o � K• Fq .16 cP r o No. 18731 r"' ^+ I Prepared by: or " Z ?A 3 David R. Faessel, CE 18731 Date ,� Civ1v �!`j `* \OF apt ! 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Date: August 19, 2013 Fr: Ronald Hupp 68551 San Jacinto, Cathedral City, 92234 Mark Lynch 68541 San Jacinto, Cathedral City, 92234 Irene Padilla 68580 H Street, Cathedral City, 92234 Re: Vacation of Public Right of Way to Alley way between San Jacinto and "H" street We (the owners listed above) would like to request that Cathedral City grant approval to remove the public right of way to the alley(paseo) between San Jacinto and "H" streets., This alley borders the properties of 68551 San Jacinto, 68541 San Jacinto and 68580 H Street. We understand that Cathedral City originally maintained this paseo for future connectivity to the downtown areas, but in this case there is no connection to any other paseo creating an unused space between the homes that border it. Over the years, this alley has become a dumping ground for trash and has had issues with graffiti as people walk between the homes. It has also made it easy for people to break into these homes as of makes securing our property more difficult. That has lead us to this request to vacate right of way to the alley. In addition to the above, I would like to request the vacation of the excess of right of way on the front of the property at 68551 San Jacinto and 68541 San Jacinto. The front 20 ft on the front of the property was similarly /historically maintained by the city for unknown reasons. Years later it appears that the original intent for this space is no longer needed and I would like to have this space turned back over to the property owner(s). Thank You for your consideration, Ron Hupp