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Home My WebLink AboutCC Reso 2017-11-A A 2017-0330780 08/10/2017 04:32 PM Fee: $ 0.00 Page 1 of 5 Recorded in Official Records PLEASE COMPLETE THIS INFXORMATION County of Riverside RECORDING REQUESTED BY: Peter Aldana Assessor-County Clerk-Recorder 11119 W,I 11O.WarIf Qil II ( ,ASNDWHEN RECORDED MAIL TO: 68�70bAQ£•t_/}10 G0&2_ C R A Exam: (rl0 v CW7ff e_0tAA t_CB TY 1st C* Gy Page DA PCOR Misc Long RFD Pg Adtl Pg cert CC SIZE NCOR SMF NCHG T: Space above this line for recorder's use only Title of Document TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ACR 238(Rev.05/2015) Available in Alternate Formats RESOLUTION NO. 2017-11-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ORDERING THE VACATION OF ALL OR PORTIONS OF SPECIFIED .STREETS, HIGHWAYS, ALLEYS OR PUBLIC HIGHWAY- AND PUBLIC UTILITY 'EASEMENTS AT THE NORTHWEST QUADRANT OF EAST PALM CANYON DRIVE AND DATE PALM DRIVE, IN THE CITY OF CATHEDRAL CITY. (VACATION NO. 2017-01) 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 22, 2017, adopted Resolution No. 2017-09 declaring its intention to vacate those portions of Hillery Road (formerly First Street), Allen Avenue, public highway and public utility easements on portions'of Lots 44, 50, 51, 52, 53, 54 and 55, 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, and public alleys in Lots 45 and 48 of said Cathedral City, as said alleys are shown on the map filed in Book 11, at Page 11 of Records of Surveys, records of Riverside County, as were more particularly described in Exhibit "A",,which was attached to and made a part of said Resolution of Intention No. 2017-09, and to conduct a public hearing thereon on Wednesday, April 26, 2017; and WHEREAS, this Council, on April 26, 2017, after .publishing and posting of due notice thereof, did open and did conduct 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, at such hearing it was found that certain public utility facilities existed in and over portions of the streets, alleys and easements proposed to be vacated, which their owners desired to be protected by the reservation of. utility easements or other means; and WHEREAS, after such hearing, the City Council adopted Resolution No. 2017-11, which vacated the streets, highways, alley and easements described in Exhibit"A" , which was attached to and made a part of said Resolution No. 2017-11, subject to the condition that no resolution evidencing the completion of the vacation process was to be recorded until either (a) that suitable utility easements have been reserved by the City to protect any existing utility facility in any portion or segment of street, highway, alley or highway . or easement or other easement to be vacated; or (b) that suitable utility easements have been granted to protect any existing utility facility, by the abutting owner or other party to whose ownership the vacated street or alley would revert upon final vacation; or (c) that the utility facilities in the streets, alley or easements have been removed, relocated, or otherwise cleared from the streets, alley or easements such that no utility reservation is required; and WHEREAS, said Resolution No. 2017-11 further provided that no Resolution evidencing the vacation of any portion, segment or piece of the streets, alley or easements described in Exhibit A to said Resolution No. 2017-11 shall be recorded by the City Clerk until the City Clerk is notified in writing by the City Engineer and/or the City Manager that one or more of the above conditions had been met; and WHEREAS, said Resolution No. 2017-11 further provided and authorized the vacation of individual portions, segments or pieces of the streets, alleys and easements proposed to be vacated by the recordation of a separate Resolution in this general form, only after certification to the City Clerk that one of the above conditions had been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: A. Portions of Streets, Alleys and Easements to be Vacated: The City Engineer and/or the City Manager have certified in writing to the City Clerk that the condition for vacation of the following described portion, segment or piece of public street, highway, alley, or public highway or public utility easement has been met as outlined in Resolution No. 2017-11, adopted April 26, 2017: A vacation of all or portions of Lot"B" (Hillery Road, formerly First Street), Lot "G" (Allen Avenue), and Lot "Y" (Hillery Road, formerly First Street), 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, together with the vacation of public highway and public utility uses on portions of Lots 44, 50, 51, 52, 53, 54, and 55 as shown on said map of Cathedral City, and 20 foot wide alleys located within Lots 45 and 48 of Cathedral City, as shown on said map, and on the map filed in Book 11, at Page 11 of Records of Surveys; Records of Riverside County, all located within the East half of Section 33, Township 4 South, Range 5 East, San Bernardino Meridian, and all as more particularly described as follows: Segment A: All of Lot"B" (Hillery Road, formerly First Street), as shown on said map of Cathedral City, except the East 8.00 feet thereof; Segment B: That portion of Lot "G" (Allen Avenue), as shown on said map, bounded on the North by a line parallel with and 13.00 feet Southerly, measured at right angles, from the Westerly prolongation of the South line of Lot"A" (Buddy Rogers Avenue, formerly Second Street), and bounded on the South by the Westerly prolongation of the North line of Lot"C" (Grove Street); Segment C: The East 300 feet of Lot "Y" (Hillery Road, formerly First Street), as shown on said map; Segment D: All of that certain 20-foot wide public alley located within Lot 45 of Cathedral City, as shown on said map, as said alley is shown on the map filed in Book 11, at Page 11 of Records of Survey, Records of Riverside County, except the Northerly 13.00 feet thereof; Segment E: All of that certain 20-foot wide, public alley located within Lot 48 of Cathedral City, as shown on said map, as said alley is shown .on the map filed in Book 11, at Page 11 of Records of Survey, Records of Riverside County, except the Northerly 13.00 feet thereof; Segment F: That portion of the easement and right of :way for public highway and public utility purposes on Lots 50, 51, 52, 53, 54 and 55 and on a portion of the East half of Lot "H" (alley) as vacated by the Riverside County Board of Supervisors; along the South side of. Hillery Road, formerly First Street, described as "Parcel 2" in the Grant of Easement to the City of Cathedral City, recorded on November 10, 1986, as Instrument No. 284551, in Official Records of Riverside County, excepting the East 8.00 feet thereof; Segment G: That portion of the easement and right of way for public highway and public utility purposes on said Lot 50 for Hillery Road, formerly First Street, described as "Parcel 4" in the Grant of Easement to the City of Cathedral City, recorded on November 10, 1986, as Instrument No. 284551, in Official Records of Riverside County, excepting that portion thereof lying Easterly of a line parallel with and located 28.00 feet Westerly of the East line of Section 33, Township 4 South, Range 5 East, San Bernardino Meridian, as shown on said map of Cathedral City; Segment H: All public highway and public utility uses for that portion of Buddy Rogers Avenue, formerly Second Street, described as the South 7.00 feet of the North 20 feet of the East 50 feet of Lot 44 of Cathedral City, as shown on said map, as conveyed to the City of Cathedral City in the Grant of Easement recorded on October 19, 1992, as Instrument No. 392498, in Official Records of Riverside County. B. Reservation of Utility Easements on Specified. Segments: The City Council finds and determines that there are existing utilities and public service facilities in the above described streets, highways, alleys and public highway and utility easements, and therefore, pursuant to Section 8340 of the State Streets and Highways Code, a public utility easement over, under, across and through all of the above described Segments "A" through "C", inclusive, and Segments "E" through "G", inclusive, is hereby reserved from the vacation of each such Segment 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, internet and communication lines, water and sewer mains, laterals, and appurtenances, whether existing or to be constructed in the future. C. Recordation: In accordance with the provisions of Resolution No. 2017-11, adopted and approved on April 26, 2017, the City Clerk is hereby directed to cause this Resolution to be recorded in the office of the County Recorder of Riverside County, evidencing the vacation of the above described street, highway, alley or easement Segments. D. Vacation: From and after the date this Resolution is recorded, the street, highway, alley or public highway uses and easements described in Section "A" above shall be vacated and abandoned, and shall no longer constitute a public street, highway, alley or road easement in this City. APPROVED by the authority of Resolution No. 2017-11, adopted April 26, 2017: Stanley E. Henry, May ATTEST: Gary F: o-we City Clerk APPROVE S M: APPRO ED AS TO CONTENT: City Attorney Joh . Core la City ngineer P OVED: Charles P. McClendon City Manager