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HomeMy WebLinkAboutReso 2000-010 - Vacate property • RESOLUTION NO. 2000-/0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE ONLY THE PEDESTRIAN/ACCESSBICYCLE PATH PORTIONS OF THE 15- AND 20-FOOT EASEMENTS LOCATED BETWEEN THE RESIDENTIAL LOTS AT 1974 AND 1988 JEANAE COURT AND 2027 MARTIAN WAY (A-6-99). WHEREAS: A. The City of Redding is proposing to vacate a 15-foot pedestrian and access easement over a portion of Lot 30 of the Victor Estates Subdivision, and a 20-foot pedestrian easement over a portion of Lot 31 of the Victor Estates Subdivision, acquired by dedication on the map recorded in Book 21 of Maps, at page 5, Shasta County Records. Said pedestrian and access easements are more particularly described in Exhibit A and shown crosshatched on Exhibit A-1 attached and made a part hereof, hereafter called "Areas of Abandonment." The City is retaining all underlying public service easements over Lots 30 and 31 that the City acquired by dedication on the Victor Estates Subdivision map recorded in Book 21 of Maps, at page 5, Shasta County Records. B. The City of Redding acquired a 15-foot public service easement and pedestrian/bicycle path easement over Parcels l and 2 by deed recorded December 26, 1997, in Book 3633 of Official Records at page 781, Shasta County Records. The City is proposing to vacate only the pedestrian/bicycle path portion of said easement, as more particularly described in Exhibit B and shown crosshatched on Exhibit B-1 attached and made a part hereof, hereinafter called"Areas of Abandonment." The City is retaining all underlying public service easements over Parcels 1 and 2. C. The Planning Commission of the City of Redding held a public hearing regarding the proposed vacation, and at the conclusion of the hearing recommended that, subject to retaining all underlying public service easements, the proposed Areas of Abandonment be vacated. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. 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 8300, et seq., of the Streets and Highways Code of the State of California, with the provision that this resolution shall be deemed a Resolution of Intention. 3. The City Council intends to and hereby declares its intention to vacate only those portions of the easements referenced in paragraphs A and B of this resolution as the Areas of Abandonment, located between the residential lots at 1974 and 1988 Jeanae Court and 2027 Martian Way (the easements connect Jeanae Court and Martian Way), and more particularly described and shown in attached Exhibits A, A-1, B and B-1, RETAINING ALL UNDERLYING PUBLIC SERVICE EASEMENTS. 4. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, March 7, 2000, at the hour of 7 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 1313 California Street, Redding, California. 5. The Director of Public Works is hereby instructed to post or cause to be conspicuously posted notices of vacation along the Areas of Abandonment proposed to be vacated, as set forth in Section 8323 of the Streets and Highways Code. The notices shall set forth the adoption of this resolution of intention, and the date, hour and place of the hearing as hereinabove set forth. At least three such notices shall be posted in the manner set forth above, and the posting of the notices shall be completed at least two weeks prior to the date of the hearing. 6. The City Clerk shall certify to the passage and adoption of this resolution of intention, and cause a certified copy of the resolution to be published once in a newspaper of general circulation in the City of Redding at least 15 days before the date set for the public hearing of protests to the aforesaid proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 18t day of January, 2000, by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None R BERT C. ANDERSON, Mayor Attest: Form Approved: 'Af-fbiehj . A -,1,4 1/i/it r Connie Stro ayer, City Irk W. Leonard Wing tty Attorney 2 EXHIBIT "A" That portion of Lots 30 and 31 of the Victor Estates Subdivision in the City of Redding, County of Shasta, State of California, as shown on map recorded in Book 21 of Maps, at Page 5, in the office of the county recorder of said county, described as follows: Being that certain 15 foot wide Pedestrian easement over said Lot 30. Together with that certain 20 foot wide Pedestrian easement over said Lot 31 . .4eF. 1RcE25164 EXP:1241-03 * * \d> CNtu s i i • ! LOT 8 ! STARVIEW ESTATES ! 13 M 70 / Existing 20' pedestrian Existing 20' public service easement easement to be abandoned. to remain for utility maintenance LOT 29 LOT 30 / 1 068-670-39 I I I 41 1-•-- Existing 10' public service Existing 15' sanitary sewer 1 easement to remain. easement to remain. 1 Existing 15' pedestrian I easement to be abandoned ) LOT 31 068-670-40 1 JEANAE COURT - - - - -J i 4b MOM • / LOT 32 1 EXHIBIT A-1 A-6-99 ABANDONMENT BY CITY OF REDDING SCALE: 1 "=50' OF THE PEDESTRIAN EASEMENT OVER A PORTION OF LOTS 30 AND 31 OF VICTOR ESTATES SUBDIVISION ISLDR.DWG BOOK 21 OF MAPS PAGE 5 10/22/99 BL SHASTA COUNTY, CALIFORNIA ABANDONMENT A-6-99 EXHIBIT B ABANDONMENT OF THAT CERTAIN 15.00 FOOT WIDE PEDESTRIAN AND BICYCLE EASEMENT OVER THE SOUTHEASTERLY 15.00 FEET OF PARCELS 1 AND 2, AS RECORDED PER DEED IN BOOK 3633 OF OFFICIAL RECORDS AT PAGE 781 OFFICE OF THE RECORDER, SHASTA COUNTY, CALIFORNIA. Q�EEss�ont� iph Ceti*. CP: IA rr � Ref: Abandonment No. 6-99 for City of Redding (Assessor's Parcel Nos: 110-080-79 & 80 EXHIBIT B-I SCALE: 1"=50' LOT 7 STARVIEW ESTATES U-4 13 M 70 PARCEL 2 MARTIAN WAY 3633 O.R. 781 1 IAP# 110-080-80 2„,(e,4 ♦ ♦ IN 00. 1 LOT 8 PARCEL 1 \ STARVIEW ESTATES U-4 3633 O.R. 781 13 M 70 AP# 110-080-79 15' PEDESTRIAN/BICYCLE EASEMENT TO BE ABANDONED Existing 15' public utility easement to remain. oQ�0 ESS/0 / o Q, ct= to 4 RCE 25164 EXP:12-31-03 * 4 CN1L TOF CA..‘i°7 AP'-' 4 A-6-99 ABANDONMENT BY CITY OF REDDING OF PEDESTRIAN/BICYCLE EASEMENT OVER A PORTION OF PARCELS 1 AND 2 PER 3633 O.R. 781 SHASTA COUNTY, CALIFORNIA ISLDR.DWG 11/3/99 BL