HomeMy WebLinkAboutCC Reso 2013-233 RESOLUTION NO. 2013- 233
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 10 -74 o
CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF II) ci
EXCESS STREET RIGHT OF WAY ON THE SOUTH SIDE OF SAN In 14-e � o
JACINTO ROAD (FORMERLY"G" STREET) BETWEEN CATHEDRAL m M �-0 ki
CANYON DRIVE AND VAN FLEET AVEENUE, AND ON THE WEST r)m F
N V.c U 3a
SIDE OF VAN FLEET AVENUE, BETWEEN SAN JACINTO ROAD AND 14 o
"H" STREET, AND THE VACATION OF A 20 FOOT-WIDE ALLEY N — o v
KNOWN AS VERBENA LANE, LOCATED BETWEEN SAN JACINTO
ROAD AND "H" STREET, EAST OF CATHEDRAL CANYON DRIVE, g QXr 8
ALL BEING PORTIONS OF LOTS B, D, F AND H, AND ALL OF LOT E RS"" "
i^ w
OF THE CATHEDRAL CITY HIGHLANDS SUBDIVISION. (VACATION G O
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 Road 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
the 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
WHEREAS, on September 4, 1985, by City Council Resolution No. 85-85,the street
name "G" Street was changed to San Jacinto Road; and
WHEREAS, all street improvements on San Jacinto Road, between Cathedral
Canyon and Van Fleet 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 or use 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 is 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 and position
which did not utilize the full west half of the Van Fleet Avenue street right of way width, and
there appears to be no street improvements within the westerly 10 ft. of the Van Fleet
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Avenue 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, is unpaved, and does not extend north of San Jacinto Road nor south of"H"Street;
and
WHEREAS, three property owners whose lots abut San Jacinto Road and/or
Verbena Lane 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 along the frontage of their lots, and to consider the vacation of all of 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; and
WHEREAS, , in view of the application made to vacate just those portions of excess
street right of way along the frontage of the applicants' lots on San Jacinto Road, City Staff
then requested that the City Council consider the vacation of the other similar portions of
the excess 20 foot wide strip along the south side of San Jacinto Road, between Cathedral
Canyon Drive and Van Fleet Avenue, and also requested consideration of the vacation of
similar excess street right of way along the west side of Van Fleet Avenue, between San
Jacinto Road and "H"Street, also as dedicated on the map of the Cathedral City Highlands
subdivision, as described in Exhibit"A", which is attached hereto and made a part hereof;
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 September 11, 2013, adopted Resolution
No. 2013-228, declaring its intention to vacate the above described excess street rights of
way and alley and to conduct a public hearing thereon on Wednesday, October 23, 2013;
and
WHEREAS, the October 23, 2013, City Council meeting was cancelled and this
public hearing was moved to November 13, 2013; and
WHEREAS, this Council, on November 13, 2013, 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
WHEREAS, it was found that certain public utility facilities exist in and over portions
of the excess street rights of way and the 20 foot wide alley, which their owners desire to
be protected by the reservation of utility easements.
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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 street right of way along the south side of San Jacinto Road, between
Cathedral Canyon Drive and Van Fleet Avenue, the excess street right of way along the
west side of Van Fleet Avenue, between San Jacinto and "H" Street, and the 20 ft wide
alley known as Verbena Lane, between San Jacinto Road and"H"Street, being portions of
Lots B, D, F and H, and all of Lot E of the Cathedral City Highlands subdivision, as more
particularly described in Exhibit"A", and shown in the sketch marked Exhibit"B", which are
attached hereto and made a part hereof, are unnecessary for any present or prospective
use.
b. Pursuant to Section 892 of the State Streets and Highways Code, the excess street
rights of way and the alley as described in the attached Exhibit"A" are 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; and
c. The vacation of the excess street rights of way and the alley as described in the
attached Exhibit"A" 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 excess street right of way and
alley vacations have no possibility of a significant effect on the environment based upon
the evidence presented in the Staff Report.
d. The vacation of the alley, known as Verbena Lane, as described in Exhibit "A"„
meets the criteria for vacation approval as set forth in City Council Minute Order No. 867,
adopted on August 17, 1988.
e. The vacation of the excess street rights of way and the alley described in the
attached Exhibit "A" is consistent with the General Plan because the streets and alley
involved are local streets only, which are not shown or mapped in the Circulation Element
of the City's adopted General Plan.
f. Letters were sent to each owner of property affected by this vacation proceeding,to
the names and addresses disclosed by the latest available County records, which invited
the owners to the Public Hearing and generally explained the proposed vacations.
g. Public Notices for the public hearing were duly published in the Desert Sun
newspaper, and Public Notices and copies of the Resolution of Intention for the public
hearing were duly posted along the portions of San Jacinto Road, Van Fleet Avenue, and
Verbena Lane to be considered for vacation, 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".
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SECTION 2. RESERVATION: The City Council also finds and determines that
there are existing utilities in a portion of the excess Van Fleet Avenue street right of way
and across a portion of the alley known as Verbena Lane, and therefore, pursuant to
Section 8340 of the Streets and Highways Code, a public utility easement over, under,
across and through those portions of Van Fleet Avenue and Verbena Lane, also as
described in Exhibit "A", which is attached hereto and made a part hereof, is hereby
reserved from the vacation of said excess Van Fleet Avenue street right of way and
Verbena Lane right of way, for the maintenance, operation, replacement, removal, renewal
or enlargement of overhead or underground public utility facilities, telephone and
communication facilities, electrical and power transmission and distribution facilities, cable
television and communication lines, and appurtenances, whether existing or to be
constructed in the future:
SECTION 3. VACATION: Subject to the reservation described above in Section
2 above, the excess street rights of way and alley (Verbena lane) right of way as
described above and in Exhibit "A" and shown in Exhibit "B" are hereby ordered vacated
and abandoned.
SECTION 4.. The City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by him under seal, to be recorded in the Office of the County Recorder
of Riverside County.
SECTION 5. From and after the date this Resolution is recorded, and subject to the
reservation in Section 2 above, the excess street rights of way and alley (Verbena Lane)
as described above and in Exhibit "A" and shown in Exhibit "B" are abandoned and
vacated and shall no longer constitute public street rights of way or alley in this City.
/
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APPROVED AND ADOPTED at a regular meeting of the City Council for the City of
Cathedral City held this 13th day of November, 2013, by the following vote:
Ayes: 4/ 110£C)S Q, V t?S v, 71/e n T/er
Noes: „i
,
Absent: I �"n '
Abstain:,, 11111■1 $
,,, o Ka leen J. D= 'osa, Mayor
ATTEST: Ci • ath/ral City
Gary.F. Howell
City Clerk
APPROVED AS TO FORM: APP'=VED AS • 1'•NTENT:
2r4.71- 1,51Q,6C•e2i, -„,14■11'.____IL?)4
City Attorney -at J. Milos
Director of Community Development
APPROVED:
R•derick d: • •d '
In erim City Manager
Attachments:
Exhibit A: Legal Description of street rights of way and alley to be vacated
and description of utility easement reservation
Exhibit B: Sketch of street rights of way and alley to be vacated
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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", "D", "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 corner 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 corner 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 corner 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 line 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 70.00 feet to a point
hereinafter designated as "Point A", said point being on the West line of said Lot "H",
and also being the Southeast corner of Lot 12 of said Cathedral City Highlands;
Thence, continuing, North 00° 06' East, along said West line of Lot "H", 70.00 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 corner 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 "B";
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 corner of said Lot "E", the Point of Beginning.
Containing a total of 4,000 square feet, more or less.
PORTIONS OF VAN FLEET AVENUE AND VERBENA LANE TO BE RESERVED
FOR PUBLIC UTILITY EASEMENT PURPOSES
An easement is hereby reserved over the following portions of the above described
Parcels 4 and 5 for the maintenance, operation, replacement, removal, renewal or
enlargement of overhead or underground public utility facilities, telephone and
communication facilities, electrical and power transmission and distribution facilities,
cable television and communication lines, and appurtenances, whether existing or to be
constructed in the future:
Parcel A: Portion of Van Fleet Avenue:
Beginning at Point "A" as described in the above described Parcel 4, said point being
the Southeast corner of Lot 12 of said Cathedral City Highlands;
Thence, North 00° 06' East, 5.00 feet along the East line of said Lot 12;
Thence, at right angles, South 89° 54" East, 5.00 feet;
Thence, at right angles and parallel with the centerline of Van Fleet Avenue, as shown
on said map of Cathedral City Highlands, North 00° 06" East, 85.00 feet to a point on a
non-tangent curve, concave Southwesterly and having a radius of 20.00 feet, a radial of
said curve through said point bears North 48° 41' 25" East;
Thence, Southeasterly along said curve through a central angle of 41° 24' 35", an arc
distance of 14.46 feet to a point on the Easterly line of the above described Parcel 4;
Thence, along said Easterly line of Parcel 4 and parallel with the centerline of Van Fleet
Avenue, 105.00 feet;
Thence, at right angles, North 89° 54' West, 10.00 feet to a point on the East line of Lot
13 of said Cathedral City Highlands;
Thence, North 00° 06' East, along said East line, 15.00 feet to the Point of Beginning.
Parcel B: Portion of Lot E (Verbena Lane):
Beginning at the Southwest corner of Lot 4 of said Cathedral City Highlands, said point
being on the East line of the above described Parcel 5 and also being a point on the
East Line of Lot E of said Cathedral City Highlands, shown on said map as Verbena
Lane;
Thence, South 00° 06"West, along the said East line of Lot E, 6.00 feet;
Thence, at right angles, North 89° 54' West, 20.00 feet to a point on the West line of
said Lot E;
Thence, North 00° 06' East, along the West line of said Lot E, 12.00 feet;
Thence, at right angles, South 89° 54' East, 20.00 feet to a point on the East line of said
Lot E;
Thence, South 00° 06' West, along said East line of said Lot E, 6.00 feet to the Point of
Beginning.
`roQ fESS N.
(„ 40t. FgF
o No. 18731 %
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Prepared by: A71---4 ia
i /� c '2 go/3 ` Civ%v ��
David R. Faessel, RCE 18731 Date O