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HomeMy WebLinkAboutReso 2017-014 - Abandonment Recording Requested by City of Redding Please Return to City Clerk City of Redding P.O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. &Tax. C.A. §11922 NO FEE- CITY BUSINESS Gov. Code §6103 APN 116-030-011 RESOLUTION NO. 2017-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE ABANDONMENT OF THAT PORTION OF TWIN VIEW BOULEVARD ADJACENT TO PROPERTY LOCATED AT 751 TWIN VIEW BOULEVARD (ABANDONMENT APPLICATION AB-2-91) WHEREAS A. On May 7, 1991, by Resolution 91-174, the City Council adopted a resolution of intention to abandon the hereinafter-described area of abandonment. The conditions set forth in the resolution were satisfied in 2017 upon development of the abutting property, but a resolution ordering the abandonment was never recorded. B. Proceedings have been duly conducted and held in accordance with the provisions of the Public Streets, Highways, and Service Easements Vacation Law as set forth in Sections 8300 et seq., of the Streets and Highways Code of the State of California, including a public hearing held on April 23, 1991. C. There are in-place public utility facilities that are in use or that would be affected by the proposed abandonment; therefore, an easement deed was granted to Pacific Gas and Electric Company and was recorded on July 8, 2015 in Instrument No. 2015-0019574. D. The City is RETAINING a public service easement over the westerly 5 feet of the area of abandonment. E. The area of abandonment falls within the criteria of CEQA Section 15305 and is categorically exempt. NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES AND RESOLVES AS FOLLOWS: 1. The City Council elects to proceed in this matter under the provisions of California Streets and Highways Code Sections 8300 et seq. 2. The City Council approves the abandonment of a portion of Twin View Boulevard adjacent to 751 Twin View Boulevard, described in Exhibit "A" and shown on Exhibit «B » 3. On the basis of the initial study prepared by the Planning Division of the Development Services Department, the City Council finds that the subject abandonment will not have a significant effect upon the environment and approves the negative declaration with the following findings: a. The project is compatible with the Redding General Plan, the surrounding land use, and the Redding Municipal code; and b. The project will not significantly alter the existing land form. 4. Pursuant to Streets and Highways Code §8324, the Council finds that the street segment is unnecessary for present or prospective public use. 5. The City reserves and excepts from the abandoned area a public-service easement for the purpose of erecting, installing, constructing, removing, repairing, replacing, reconstructing, maintaining and using for public-service purposes any and all materials, fixtures, appliances, equipment, pipes pipelines, wires, and cables (including fiber optics) necessary for the transmission , distribution, and delivery of electricity, water, sewer, storm water, gas, cable television, communication, and information service utilities over, along, upon, under, and across the parcel of real property described in Exhibit "A" and shown on Exhibit"B." 6. Pursuant to Streets and Highways Code §8325, the City Clerk is directed to record a certified copy of this resolution, attested by the Clerk under seal, in the office of the Shasta County Assessor/Recorder. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council of the City of Redding on the 7th day of February, 2017, and was adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor ATTEST: FORM APPROVED: PcJ1 4 CPAMELA MIZE Cityrk BARRY E. DeWALT, City Attorney January 26, 2017 JN 15-004 3D,LLC Right of Way Abandonment EXHIBIT A A parcel of land situate in the Northwest One-quarter of Section 19, Township 32 North, Range 4 West, M.D.M., in the City of Redding, County of Shasta, California, being more particularly described as follows: Commencing at the one-quarter section corner common to Sections 18 and 19, Township 32 North, Range 4 west, M.D.B. & M., thence South 87°36'30" West on and along the line common to said Sections 18 and 19, a distance of 858.66 feet; thence South 28°54' West, a distance of 1357.80 feet; thence South 25°55' East, a distance of 192.90 feet; thence South 67°03'10" West, a distance of 255.21 feet; thence North 61°06' West, a distance of 486.87 feet to the Easterly right of way line of California State Highway U. S. No. 99, said point being the southwesterly corner of the parcel of land conveyed to Lassen Gas Company, a corporation, by Deed dated December 5, 1950, recorded December 12, 1950, in Book 340 of Official Records, at page 312, Shasta County Records, thence along said right of way line South 28°54' West, 160.0 feet to the true point of beginning of this description; thence North 61°06' West, 58.00 feet; thence South 28°54' West, 150.00 feet; thence South 61°06' East 58.00 feet to a point on said Easterly right of way line; thence North 28°54' East along said right of way line, 150.00 feet to the point of beginning. Reserving therefrom an easement to erect, install, construct, remove, repair, replace, reconstruct, maintain and use for public service purposes any and all materials, fixtures, appliances, equipment, pipes, pipelines, wires and cables (including fiber optics) necessary for the transmission, distribution and delivery of electricity, water, sewer, storm water, gas, cable television, communication and information service utilities over, under and across a strip of land 5.00 feet in width, being described as the westerly 5.00 feet of the above described parcel of land. See sketch labeled "Exhibit B" attached hereto and herby made a part hereof. LAA vio*Eaf,1 e 1 4tf>� tiy )� 1 ' e {!ter Cidc\s } 0.111"" f ` / ,06TWIN VIEW BOULEVARD 84.00' .4,111w- SGP' 150.00' 5.00' PSEI THIS EXHIBIT WAS COMPOSED S28' 54' 00"W t FROM RECORD DATA ONLY Y- AND DOES NOT REPRESENT A O FIELD SURVEY. °A • . /1v) S28' 54' 00"W 150.00' DENOTES R/W ABANDONMENT AREA PER THIS EXHIBIT 0 of N - O _ b n , O o Lu t7 co b o EXISTING 15' PG&E •4- EASEMENT PER w o S29'03'18"W DOC# 2015-0019574 l 0 72.64' 0 0 o v) Q Q' ,529'03'18"W QQ87.37' OP 560'56'18"E o0 29.00' C A N P46 03 t\\\J �j d•N28' 54'E y / 150.00' 4(5 ' u) 1'0, . '1/ loltif . / • ;3 lo. 29490 z / / �6?JS, z O) F m.q:7; S / %;4( EXP.03/31/17 *" N 1''`x;5):4CIVIL c?-4/N '`',TE. OFC/X0 EXHIBIT B N. RIGHT OF WAY ABANDONMENT h SITUATE IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 32 NORTH, RANGE 4 s WEST, M.D.M. IN THE CITY OF REDDING, SHASTA COUNTY, CALIFORNIA FOR a 3D, LLC W BY DUANE K. MILLER CIVIL ENGINEER, INC. m P.O. BOX 1307 ANDERSON, CALIFORNIA 96007 0 PH. (530) 365-5610 FAX (530) 365-6551 JANUARY 2017 SCALE: 1" = 100' SHEET 1 OF 1