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HomeMy WebLinkAboutCC Reso 2013-203 DOC # 2013-0405367 08/20/2013 08:49A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS INFORMATION Larry W. Ward RECORDING REQUESTED BY: Assessor, County Clerk & Recorder IIIIII III II H AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY CITY CLERK S R U PAGE SIZE DA MISC LONG RFD COPY 68-700 AVENIDA LALO GUERRERO I 5 CATHEDRAL CITY CA 92234 M A L 465 426 POOR NCOR sMF EXAM no&rsGG I T: CTY UNI $00 no0 Space above this line for recorder's use only CITY COUNCIL RESOLUTION NO. 2013-203 Title of Document Exempt from Recording fee pursuant to Government Code Sec.6103 TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.03/2008) I RESOLUTION NO. 2013-.2 o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF CERTAIN PUBLIC UTILITY EASEMENTS AS SHOWN ON THE MAP OF CATHEDRAL ESTATES NO. 2, LOCATED WITHIN THE BOUNDARIES OF PARCELS 1 AND 2 OF PARCEL MAP NO. 18201, LOCATED ON LAND BETWEEN DATE PALM DRIVE AND EAGLE CANYON DRIVE, SOUTH OF VICTORIA DRIVE. (VACATION NO. 2013-01) WHEREAS, when the final map for Cathedral Estates No. 2, located generally between Date Palm Drive and Eagle Canyon Drive, south of Victoria Drive, was approved and recorded in January, 1954, certain five (5')foot wide public utility easements were offered for dedication on the map; and WHEREAS, the City of Cathedral City incorporated on the effective date of November 16, 1981, and through incorporation and by operation of law,took over jurisdiction of the streets and alleys and public utility easements within said Cathedral Estates No. 2 subdivision; and WHEREAS, Parcel .Map 18201 was approved by the City Council of the City of Cathedral City and was recorded on August 30, 1983, in Book 116 of Parcel Maps, at Pages 98 and 99, Records of Riverside County, which map created several new parcels for commercial development by the re-subdivision of lots within Cathedral Estates No. 2, located between Date Palm Drive and Eagle Canyon Drive, south of Victoria Drive; and WHEREAS, Boos Development West, LLC, of Clearwater, Florida, the applicant and developer of Parcels 1 and 2 within said Parcel Map 18201, has requested that to facilitate development, the City Council of the City of Cathedral City vacate the 5 ft. wide public utility easements within said Parcels 1 and 2 which were originally offered for dedication on the map of Cathedral Estates No. 2, 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 March 27, 2013, adopted Resolution No. 2013-201 declaring its intention to vacate the above described public utility easement; and WHEREAS,this Council did, on April 24, 2013, after notification of all utility companies of the proposed vacation, and 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. 1111111 011111 1 08/ 012®0586498 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. That upon notification to the utility companies it was found that the five (5') foot wide public utility easement dedicated by Cathedral Estates No. 2, within the boundaries of Parcels 1 and 2 of Parcel Map No. 18201, were not required by any utility company. b. The five (5') foot wide public utility easement dedicated by Cathedral Estates No. 2, within the boundaries of Parcels 1 and 2 of Parcel Map No. 18201 is unnecessary for any present or prospective use; c. Pursuant to Section 892 of the State Streets and Highways Code, the said public utility easement is not, 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; d. The vacation of the said public utility 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 has no possibility of a significant effect on the environment based upon the evidence presented in the City Engineer's Staff Report; e. The vacation of the said public utility easement is not in conflict with the General Plan because such easements are not mentioned nor considered nor mapped in the Circulation Element or any other Element of the City's adopted General Plan or in any adopted Specific Plans; f. 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: The public utility easements as described below and as generally shown on the attached Exhibit "A" are hereby ordered vacated and abandoned: All those certain public utility easements, 5.00 feet in width, as shown on the map of Cathedral Estates No. 2, as per map filed in Book 26, at Page 85, of Maps, Records of Riverside County, California, located within the boundary of Parcels 1 and 2 of Parcel Map No. 18201, as per map thereof filed in Book 116 of Parcel Maps, at Pages 98 and 99, Records of Riverside County. (Assessor Parcels 673-172-002 and 003) 1111111111111111111111111101111111110111111111 08 201 20 fe58�49A SECTION 3. RECORDATION: 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. SECTION 4. EFFECTIVE DATE: From and after the date this Resolution is recorded, the public utility easement as described in Section 2 above, and located as generally shown on the attached Exhibit "A", is abandoned and vacated. APPROVED AND APTED at a regular meeting of the City Council of the City of Cathedral City held this Z day of April, 2013, by the following vote: Ayes: Noes: Absent: Abstain: 4111 4. KA - EEN J. LJ EROSA, MAYOR CITY s F CAT 3'RA CITY AT wY f PAT HAMMERS, CITY CLERK APP OVED AS TO FORM: AP-ROVED AS Ts CONTENT: AI"— ---- CITY ATTORNEY PAT MILOS, DIR' C OR OF COMMUNITY DEVELOPMENT APPROVED: Ati41911 D ANDY HAIL, CITY MANAGER Attachments: Exhibit A: Sketch of areas of vacation 11111111111111111111111 VIII VIII IIIIII III VIII IIII IIII 08 2013-N 4©8 58s49F . PoR r/oN or: A7.4.4 /W•0/7' NO /820/ , BE/CVO 4 O/4//J/ON Oir dons 04 Jr •WO 4 Pplrs/ON ex lOT St d GTiI(&Q4CeJTA7es ova 4 ...... �. .Ka 1d�O$, -vivo A.00,0r/ON Of LOT tI Q/- �..r 1 . Al!/.41LEI' / dON aW t9O/I4/J/O.V Air,.4e8 n — ,..- ,re-••4P- ANCOROJ OA' AWIAd'/L7�f C OIV71; /N PA C A A/.W /. ao- 'MCP/UN"4 /nod,, /4 se, 40.4e 4 V I M/.ice/ �r •Y ,- j 'V4D•oa'Oe° esssa• elre.r,c)te .sag ■ An*et••a✓r es, J,srs1��Jd se) r\---...-7770 00' 4000 01...) 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