HomeMy WebLinkAboutCC Reso 2018-25 RESOLUTION NO. 2018-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A
PORTION OF A DRAINAGE EASEMENT ON LOT"S"OF PALM SPRINGS
COUNTRY CLUB ESTATES, WITHIN THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.
(VACATION 2018-01)
WHEREAS, a request to vacate and abandon a drainage easement on a portion of
Lot"S", of Palm Springs Country Club Estates, located between San Joaquin Drive and Dia
Place, in the City of Cathedral City, has been received by the Community Development
Department of the City of Cathedral City; and
WHEREAS,the said drainage easement was offered for dedication for public use to
the County of Riverside on the map of Palm Springs Country Club Estates, as shown by
map filed in Book 22, at Pages 40 through 44, inclusive, of Maps, in the office of the
County Recorder of Riverside County, California; and
WHEREAS, said offer of dedication for the storm drain easement was accepted by
the County of Riverside by Resolution of the Board of Supervisors, passed on February
16,1970, and recorded on February 18, 1970, as Instrument No. 15671 in Official Records
of Riverside County; and
WHEREAS, the County of Riverside, by Resolution of the Board of Supervisors,
passed on April 13, 1970, approved the assignment of said drainage easement to the
Coachella Valley Water District(formerly the Coachella Valley County Water District), and
such assignment was recorded on June 4, 1970, as Instrument No. 2448 in Official
Records of Riverside County; and
WHEREAS, the Coachella Valley Water District quitclaimed its interests in said
drainage easement on said Lot "S" to the City of Cathedral City, by Quitclaim Deed
recorded on February 23, 2006, as Instrument No. 2006-0133530 in Official Records of
Riverside County; and
WHEREAS, the portion of the said drainage easement on Lot"S"to be summarily
vacated is more particularly described as follows:
All that portion of the drainage easement on the West 298.31 feet of Lot"S",
as shown on the map of Palm Springs Country Club Estates filed in Book 22,
at Pages 40 through 44, inclusive, of Maps, in the office of the County
Recorder of Riverside County, California;
Excepting therefrom that portion thereof described as Parcel "A" in that
certain Grant of Easement to the City of Cathedral City recorded on
December 29, 2005, as Instrument No. 2005-1073871, in Official Records of
Riverside Count; and.
WHEREAS, a report has been received from the City Engineer indicating that the
above described portion of the drainage easement on Lot "S" has no present or
prospective public use, and that the vacation and abandonment of any City interests in said
drainage easement 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 drainage easement has not been used fordrainage purposes forthe five
consecutive years immediately preceding the application for this vacation; and
B. Pursuant to Section 8333(c) of said Code, the above described drainage
easement is excess to the needs of the City of Cathedral City and there are no public
facilities located within the portion of the drainage easement to be vacated.
C. In accordance with State Guidelines, the vacation of the above described
drainage easement 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".
D. This vacation is exempt from a finding of conformance with the City General
Plan since the General Plan has no Element defining existing drainage easements or their
disposition.
SECTION 3. Summary Vacation. Any and all City interests, or interests held by
the City on behalf of the public in the above described portion of the drainage easement on
said Lot"S"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 at a regular meeting of the City Council for the City of
Cathedral City held this 13th day of June, 2018, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Henry
Noes: None
Absent: None
Abstain: Mayor Pro Tem Pettis
Stanley E. Henry, Mayor
ATTEST:
Gary o ell, Cit Clerk
APPROVED S
Eric S. Vail, City Attorney