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Home My WebLink AboutCC Reso 2013-204 DOC if 2013-0405368 08/20/2013 08:49A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS INFORMATION Larry W. Ward RECORDING REQUESTED BY: Assessor, County Clerk & Recorder H IIIIIIIIII I IIIII III IIII III III AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY CITY CLERK S R U PAGE SIZE DA MC LONG RFD COPY 68-700 AVENIDA LALO GUERRERO I CATHEDRAL CITY CA 92234 M A L 465 426 PCOR NCOR SMF NC G EXAM h6CilfreZ I T: CTY UNI PO 800 Space above this line for recorder's use only CITY COUNCIL RESOLUTION NO. 2013-204 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) RESOLUTION NO. 2013- 2 LcJT EC IV No . -54 020!3 a oa Sc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,CALIFORNIA,ORDERING THE SUMMARY VACATION OF UNUSED UTILITY AND PUBLIC SERVICE EASEMENTS RESERVED FROM THE PREVIOUS VACATION OF VARIOUS STREETS AND ALLEYS IN THE DOWNTOWN AREA OF THE CITY OF CATHEDRAL CITY (VACATION NO. 2013-02) WHEREAS, the City of Cathedral City, as successor agency to the Redevelopment Agency of the City of Cathedral City, is the owner of various parcels of real property in the Downtown area of the City of Cathedral City; and WHEREAS, certain of these parcels are portions of former streets or alleys which were vacated by the County of Riverside prior to incorporation of the City; and WHEREAS, in the process of preparing these parcels for possible sale or conveyance, preliminary title reports showed utility and public service easements were reserved from the previous vacation of certain of these said streets and alleys; and WHEREAS, such utility and public service easements are unused, and in an effort to clear title of unnecessary encumbrances, City Staff has initiated a request that the City Council vacate the following unused reserved utility and public service easements: 1. The South 165 feet of that certain easement and right of way for existing and future public utility, public service, and drainage facilities and structures reserved from the vacation of Lot"AG"as shown on the map of Cathedral City, filed in Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County, California, as described in the Resolution of the Riverside County Board of Supervisors, recorded on May 21, 1957, in Book 2091, Page 339 of Official Records, as Instrument No. 37370, records of Riverside County. (APN 687-475-001 and 002) 2. The West half of an easement for any existing public utilities and/or public service facilities reserved from the vacation of Lot "ZZ"as shown on the map of Cathedral City, filed in Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County, California, as described in Resolution No. 74-227 of the Riverside County Board of Supervisors, recorded on August 5, 1974, as Instrument No. 99384 in Official Records of Riverside County. (APN 687-197-016) 1 111111 1IIIIII Iilll 1111111 IIIII 111111 1111111111 2010 flA;438 89A 3. An easement for existing public utilities and public service facilities reserved from the vacation of that portion of Alley Lot"H"as shown on the map of Cathedral City, filed in Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County, California, as described in Resolution No. 79-346 of the Riverside County Board of Supervisors, recorded on November 21, 1979, as Instrument No. 248832 in Official Records of Riverside County, EXCEPTING THEREFROM the North 10.00 feet thereof. (APN 687-208-022 and 023) 4. An easement for existing public utilities and public service facilities reserved from the vacation of that portion of Lot "II", as shown on the map of Cathedral City, filed in Book 13, at Pages 24 through 26, inclusive, of Maps, Records of Riverside County, California, as described in Resolution No. 79-238 of the Riverside County Board of Supervisors, recorded on October 11, 1979, as Instrument No. 216071, in Official Records of Riverside County. (APN 687-199-001) WHEREAS, a report has been received from the City Engineer indicating that the above described unused utility and public service easement reservations have no present or prospective public use, and will not be useful for non-motorized transportation facilities as defined in Section 887 of the State Streets and Highways Code, and that the vacation and abandonment of the said unused utility and public service easement reservations 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". SECTION 2. The City Council finds and determines that: A. Pursuant to Section 8333 (a)of the said Streets and Highways Code, the above described utility and public service easement reservations have not been used for utility purposes for five years immediately preceding this action; B. Pursuant to Section 8333(c)of said Code, the above described utility and public service easement reservations have been determined to be unnecessary for the needs of the utility companies, and there are no public utility or public service facilities within the utility and public service easement reservations described above; C. The above described utility and public service easement reservations are not needed for any present or prospective public use; D. Pursuant to Section 892 of the Streets and Highways Code,the above utility and public service easement reservations are not useful as non-motorized transportation facilities as defined in Section 887 of the Streets and Highways Code; I liii IJIIII VIII 11111111 IIIIII III VIII IIII IIII 03x 1 30 of 4$6$9R • r E. In accordance with State Guidelines,the vacation of the above described utility and public service easement reservations 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"; F. The vacation of the above described utility and public service easement reservations is not in conflict with the City's General Plan or any adopted Specific Plans, because utility and public service easements are not shown or mapped in any element of the City's adopted General Plan. SECTION 3. Summary Vacation. Any and all City interests, or interests held by the City on behalf of the public in the above described utility and public service easement reservations 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. 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 this em day of /h J , 2013. doTc= .5"-- 7- J • o� LEEN J. ,OSA MA 'R P A ' T: PAT HA MERS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY , ORNEY CITY ENGINEER APPROVED: ILA CITY hr SAGER I VIII IIII VIII VIII 111111 111111 1111 1111 o8 01 4 ofd 49649R