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Home My WebLink AboutReso 2000-082 - Vacate Easement • 111111(IIIIIIII1111111111AIME /1Ir —rd016rzo• 38 Recorded i REC FEE .00 Recording Requested by Official Records CITY OF REDDING County Of SHASTA Please Return to CRIS ANDREWS City Clerk Recorder City of Redding 12:55PN 08—May-ewo0 Rage 1 of 4 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 A.P.N. Portion 107-280-33 RESOLUTION NO. 2000- g7--- A '2-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A 9' STRIP OF A 60' WIDE PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY (LOCATED IN THE MT. SHASTA MALL PARKING LOT) FOR UNDERGROUND UTILITY AND INCIDENTAL PURPOSES, GRANTED BY ERNEST W. HAHN, INC. AND MT. SHASTA MALL ASSOCIATES TO THE CITY OF REDDING(1371 OR 232, SHASTA COUNTY RECORDS). WHEREAS: A. A 60' wide permanent non-exclusive easement and right-of-way for underground utility and incidental purposes was granted to the City of Redding by Ernest W. Hahn, Inc. and Mt. Shasta Mall Associates on September 14, 1976, and recorded October 13, 1976, in Book 1371 of Official Records at page 232, Shasta County Records ("Easement"), as more particularly shown on the map attached and made a part hereof by reference. B. The property owner has requested the abandonment of a 9' strip of the Easement, as more particularly described in Exhibit "A" and shown crosshatched on the map attached and made a part hereof. The 9' crosshatched portion of the Easement proposed for vacation has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; in fact, it has never been used for the purpose for which it was acquired. C. The Public Works Department has advised the City Council that there are no in- place public utility facilities that are in use or would be affected by vacating the 9' crosshatched portion of the Easement. NOW, THEREFORE, THE CITY COUNCIL 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 8330, et seq., of the Streets and Highways Code of the State of California. 2. The 9' crosshatched portion of the Easement is no longer needed for underground utility and incidental purposes; it has never been used for the purpose for which it was dedicated or acquired in 1976 (which is over the five-year requirement for summary vacation) and there are no public facilities located therein. 3. The City Council approves the request to summarily vacate the 9' crosshatched portion of the Easement described in Exhibit A and shown on the map attached hereto. 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. 5. From and after the date this resolution is recorded, the 9' crosshatched portion of the Easement hereby vacated shall no longer constitute a permanent non-exclusive easement and right-of-way for underground utility and incidental purposes. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a special meeting of the City Council on the 2nd day of May , 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 ROBERT C.ANDERSON, Mayor Attest: Form Approved: d$172--"Le.:( A �ti I - -� Connie Strohmayer, Ci lerk W. LeonarcixWingale, City Attor' ' /11).5542-4-tuct ireci 2 • e • ABANDONMENT #2000- March 6, 2000 Job No. 97.115.06 EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of that certain 60' strip of land described as "Parcel Two" in that certain Easement Deed to the City of Redding, dated September 14, 1976 and recorded October 13, 1976 in Book 1371 of Official Records at page 232 (1371 OR 232), Shasta County Records, lying within Parcel 4 as shown on Parcel Map No. LS 97-90 for Shasta Mall Associates filed for record October 8, 1992 in Book 29 of Parcel Maps at page 70 (29 PM 70), Shasta County Records, and being in Section 31, Township 32 North, Range 4 West, M.D.M., more particularly described as follows: COMMENCING at a the Northwest corner of Parcel 6 as shown on said 29 PM 70; thence along the westerly line of said Parcel 6, South 01°58'18"East(record South 02°07'30" East per said 29 PM 70), a distance of 461.51 feet to a point on the Westerly boundary line of said Parcel 4; thence leaving said Westerly boundary line, along the centerline of said 60' strip of land described in "Parcel Two" 1371 OR 232,North 88°01'42" East(record North 87°52'30" East per 29 PM 70) a distance of 432.01 feet; thence continuing along said centerline North 01°58'18" West (record North 02°07'30" West per 29 PM 70) a distance of 375.08 feet; thence leaving said centerline, proceeding along the southerly sideline of said easement,parallel to the centerline of said 60' strip of land described in "Parcel Two" 1371 OR 232,North 88°01'42" East (record North 87°52'30" East per 29 PM 70) a distance of 30.00 feet to an angle point on the southerly and easterly sideline of said easement and the True Point of Beginning; thence continuing along the southerly sideline of said easement North 88°01'42" East (record North 87°52'30" East per 29 PM 70) a distance of 384.09 feet; thence North 01°58'18"West(record North 02°07'30" West per 29 PM 70) a distance of 9.00 feet; thence parallel to the centerline of said 60' strip of land described in "Parcel Two" 1371 OR 232, South 88°01'42" West(record South 87°52'30" West per 29 PM 70) a distance of 384.09 feet; thence South 01°58'18"East (record South 02°07'30" East per 29 PM 70) a distance of 9.00 back to the point of beginning. Containing 3456.81 square feet, more or less. LANDLANDAs' /D7— 28C7 SGS o D „. bk ' * 497 EXP. 12-31-01 ,4rf OFCAL'-= r-� I--—— –I O N rn --\ I � Z oM 0 60' UTILITY EASEMENT ....1 Z w a -- PER 1371 OR 232 j o \ Q 6 ct .N II m —h- _ W ) rn N - 4 \ - O \ Iii1- 2 a Q' "� a vv. .. ,b L LL < 0 H C/) Z o� r O\ X J• cn O _ �` �\ O ° O N Z A ° 0 c ,' ,c7 *• Z�ci M v CaC x z N N C) oo 5 w . l 1 o -o I- E... r rn W M 0 G 0E. INN WN O N. �� =y �N x 0i.. E ' :t r C4. W N (.. ) �1_ ► .' 7-0 N wO LI- 000 %5W" .\\ CO d• _ l' d CO M W D r (.3-1 CCin 11,17 — \In ' 00 375.08 z S01°58'18"E 405.08' L� C 7 W � \ 0 � \ \ N r '- �- I T 20' UTILITY EASEMENT 0) on- c� PER 1371 OR 232 LC) a WO" I (i) `-- ,- �0 { Cif NI l, 130 00' GAS LINE EASEMENT re) N - 11- o / `t I PER 1248 OR 575 P (' N 1I co cinJ c a 1 20 ' UTILITY EASEMENT 7,) ,...._ i___ L--- \ PER 1371 OR 232 1 L. co I co FaCO §. cE _ 'C r ry I ;c °a.'' i' �s g. � o s� r o; 0 ;.1 �,; CO Ni `' ..- ' = '' (86.25') S01°5818E 1 04w �P= � o c"-- - 461.51 /- • _ 0 (502'07'30"E) PER 29 PM 70 O — \ — \ a. HILLTOP DRIVE