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HomeMy WebLinkAboutReso 2002-133 - Vacate Easement 1111111111111111111111111111111111 01a2-0 47176 Recording Requested by Recorded RE FEE .0e Official Records City of Redding County Of Please Return to SHASTA CRIS ANDREWS City Clerk Recorder City of Redding b.'. P.O. Box 496071 01:05PM 16-Seo-2002 i Page i of 4 Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 A.P.N. 073-230-19 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A PORTION OF THE PUBLIC SERVICE, DRAINAGE AND OPEN SPACE EASEMENTS DEDICATED TO THE CITY OF REDDING ON A PORTION OF LOT 74 OF THE GOLD HILLS SUBDIVISION [1400 ST. ANDREWS DRIVE] RECORDED IN BOOK 18 OF MAPS AT PAGE 32, SHASTA COUNTY RECORDS, AS MORE PARTICULARLY DESCRIBED HEREIN (A-1-02). WHEREAS: A. Public service, drainage and open space easements lying within Lot 74 of the Gold Hills Subdivision were dedicated to the City of Redding on the Map of said subdivision recorded in Book 18 of Maps at page 32, Shasta County Records (collectively, "Easement#1"). B. The owners of the property have asked that the City vacate the 7634.09 square-foot portion of Easement #1 described in Exhibit A and shown hatched on Exhibit B attached and made a part hereof by reference, as it has not been used for the purposes for which it was dedicated or acquired for five consecutive years immediately preceding this proposed vacation. C. Of particular note: Across the northerly tip of the area shown hatched on Exhibit B—overlapping the portion of Easement #1 proposed for vacation—is a separate 10' wide easement for public service and drainage ("Easement #2"). Easement #2 is to remain in effect and NOT be vacated. D. The Engineering Division of the Development Services Department has advised the City Council that there are no in-place public utility facilities that are in use or would be affected by the proposed vacation, and that the hatched portion of Easement #1 is not required for public use. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: ui , • • 1. The City Council elects to proceed in this matter under the provisions of the Public Streets, Highways and Service Easements Vacation Law as set forth in Section 8333, et seq., of the Streets and Highways Code of the State of California. 2. The City Council approves the request to summarily vacate the 7634.09 square-foot portion of the public service, drainage and open space easements (collectively, "Easement #1") lying within Lot 74 of the Gold Hills Subdivision, dedicated to the City of Redding on the Map of said subdivision recorded in Book 18 of Maps at page 32, Shasta County Records, as more particularly described in attached Exhibit A and shown hatched on attached Exhibit B. Easement #2 described in paragraph C above is to remain in effect and not be vacated. 3. The public service, drainage and open space easements (Easement #1) lying within the area being vacated have not been used for the purposes for which they were dedicated or acquired for five consecutive years immediately preceding this proposed vacation, and there are no other public facilities located therein. Therefore, from and after the date this resolution is recorded, the area hereby vacated shall no longer constitute part of Easement #1 for public service, drainage or open space purposes. 4. The City Clerk is directed to cause a certified copy of this resolution of vacation, attested by the Clerk under seal, to be recorded 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 on the 3rd day ofseptembei 2002, by the following vote: AYES: COUNCIL MEMBERS: Cibula, McGeorge and Stegall NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kight ABSTAIN: COUNCIL MEMBERS: Pohlmeyer 10, PAT KIGHT, Mayor Attest: Form Approved: gox4eze Connie Strohmayer, Ci lerk David E. Tranberg,Acting City 4;;ne 2 EXHIBIT "A" LAND DESCRIPTION That portion of Lot 74 as shown on the map of the Gold Hills Subdivision, recorded in Book 18 of Maps at Page 32, Shasta County Records in the west half of Section 17, T 32 N, R 4 W, M.D.B. & M. in the City of Redding, County of Shasta, State of California,more fully described as follows; Commencing at the Northwest corner of lot 74 as shown on 18 Maps 32, said point being the westerly terminus of that tangent with a bearing of N 70° 51'34" E,thence northeasterly along the northerly line of said lot,N 70° 51'34" E, 110.00 feet to an angle point in the northerly line of said lot 74, said point being the Point of Beginning of this description,thence easterly along the north line of said Lot 74, S 88° 46'19"E, 20.00 feet to a point,thence southeasterly along the limits of the new"Open Space Easement"the following course, S 25° 56'24"E, 130.95 feet to a point on the south line of said Lot 74, thence westerly along the southerly line of said lot 74, N 88°34'08"W,90.00 feet to the westerly limits of the existing"Open Space, Public Service and Drainage Easement" over Lot 74 as shown on 8 Maps 32,thence northeasterly along the west line of said"Open Space" line N 06°14'59"E, 116.63 feet to the True Point of Beginning. Containing 6,394.7 square feet, more or less Basis of Bearings and record data is per Book 18 Maps Page 32, Shasta County Records. Prepared under the supervision of: ,-- - kAND �p6ERT.......... ............ Fy.`F� + 4 e-i 9 -o� ESS • Frank R. Lehmann PLS 5680 DATE i' `'' �•- • 3a �3z g,..'••. No.5680 ��Q'.•' TF OF CAN End of Description ' C:1Program Files\Microsoft Office\Projects1220071Legal Desc..docPage 1 of 1 Z - 0 ! 96'20 Hill �4 ' x o 74= O irk iYp co Lo O E Nco N O O.- W O co E !!nn it NOS 00 V i N-8 Q \ EC .-- z — �� a N O i, , co Q1• p � o�' w > Li j� O lot co '0 �/ _ bf° :'� LLQ M L O SOU co CD i 6;:. 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