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HomeMy WebLinkAboutReso 2000-073 - Vacate Easement S , * ', NC I Recording Requested by 005-002 1 37 CITY OF REDDING Recorded I REC FEE .00 Please Return to Official Records County Of I City Clerk SHASTA City of Redding CRIS ANDREWS P.O.Box 496071 Recorder Redding,CA 96049-6071 czaas 10:1EAM 18-Apr-E005 I 1 of 4 Documentary Transfer Tax: None City of Redding EXEMPT Rev.& Tax. C.A. §11922 NO FEE-CITY BUSINESS Gov. Code§6103 A.P.N. 117-130-04 i cr9 �L RESOLUTION NO. 2000- 7,3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING THE STREET PORTION ONLY OF THE EASEMENT OFF HILLTOP DRIVE DEDICATED TO THE CITY OF REDDING BY THE PARCEL MAP RECORDED APRIL 28, 1981, IN BOOK 21 OF PARCEL MAPS AT PAGE 132, SHASTA COUNTY RECORDS. WHEREAS: A. The Redding Redevelopment Agency owns in fee that certain parcel of land designated and delineated as "Area Dedicated For Future Street, 3.58 Ac." on Parcel Map No. LS 49-88 filed for record on July 29, 1988, in Book 26 of Parcel Maps at page 166, Shasta County Records, located off Hilltop Drive. B. An easement was shown or dedicated on said property to the City of Redding by Parcel Map recorded April 28, 1981, in Book 21 of Parcel Maps at page 132, Shasta County Records, for the following purposes: (a) a 25-foot bicycle easement as shown on said map; (b) a 5-foot public utility easement as shown on said map; and (c) the dedication of the entire area for future street (the "Easement"). C. Pursuant to Section 5.02 of the Participation Agreement between the Redding Redevelopment Agency, the City of Redding, The McConnell Foundation, Benton Park Village and Alliance of Redding Museums dated April 26, 1999, the City agreed to abandon the Easement for future street purposes to facilitate the consolidation of burn ash as part of the Hilltop Drive Burn Dump cleanup and the extension of the Sacramento River Trail as shown on Exhibit 2 of the Agreement. D. The Public Works Department has advised the City Council that the Easement dedicated to the City has not been used for street purposes for five consecutive years immediately preceding the proposed vacation. The Easement is still required for the 25-foot bicycle easement and the 5-foot public utility easement. E. It is the recommendation of staff that the City summarily vacate the Easement shown crosshatched and marked PARCEL "G" on Exhibit B attached and made a part hereof by reference for street purposes only, SUBJECT TO the vacation being recorded concurrently with Property Line Adjustment PLA-48-99 through escrow at Chicago Title Company. A copy of PLA-48-99 is attached and made a part hereof by reference, EXHIBIT "B" 2 f NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: 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. Because the Easement has not been used for a street — one of the purposes for which it was dedicated or acquired — for five consecutive years immediately preceding this vacation, the City Council approves the request to summarily vacate the Easement for street purposes only on the property described in Exhibit A, and shown crosshatched and marked PARCEL"G" on Exhibit B. The Easement is retained for the 25-foot bicycle easement and the 5-foot public utility easement. 3. The City Clerk is directed to forward this resolution of vacation, attested by the Clerk under seal, to Chicago Title Company, 1647 Court Street, Redding, in escrow, to be recorded concurrently with Property Line Adjustment PLA-48-99 in the office of the Shasta County Assessor/Recorder. 4. From and after the date this resolution is recorded, the street portion of the Easement described in Exhibit A, and shown crosshatched and marked PARCEL "G" on Exhibit B shall no longer constitute an easement for street purposes. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the l s thday of April , 2000, by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pohlmeyer ABSTAIN: COUNCIL MEMBERS: None ,er /7 ROBERT C. ANDERSON, Mayor Attest: Form Approved: lAA-k 44 1 SJ hilt# y0,11,1471 'lefrk/ W. Leonard Wingat ity Attorney LINDA MASCOTELLO,ASSISTANT CITY CLERK 2 EXHIBIT A DESCRIPTION OF RIGHT-OF-WAY TO BE ABANDONED That certain parcel of land situate in the City of Redding, County of Shasta, State of California, designated and delineated as "Area Dedicated for Future Street, 3.58 AC" on Parcel Map No. LS-49-88 filed for record on July 29, 1988, in Book 26 of Parcel Maps at page 166, Shasta County Records. revammiffelTmo, • • Y PARCEL "H" PARCEL "H1 " OR • PARCEL "G" 3.58 AC./ ` PARCEL "A' PARCEL "Cl" -530 'ARCEL "B' PARCEL "F" PARCEL "0" E2 • 0 m > SACRAMENTO -� EXHIBIT B RIVER PLA-48-99 SOURCE: dot SNEERING DIVISION RIGHT OF WAY ABANDONMENT SACRAMENTO RIVER TRAIL PROJECT DWG. NO: DATE WITH ATTACHMENT: MARCH 2000 THE McCONNELL FOUNDATION