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Home My WebLink AboutReso 2000-093 - Vacate land RESOLUTION NO. 2000- q.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE THAT PORTION OF THE COURT STREET RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 1075 COURT STREET (A-2-00). WHEREAS: 1. In December 1997, through eminent domain, the Redding Redevelopment Agency acquired an easement for roadway purposes from Pacific Gas and Electric (PG&E) for the North Court Street Extension Project (Project). The adjacent street right-of-way to the north and south of the PG&E property is held in the City of Redding's name. 2. Upon completion of the Project, the Redding Redevelopment Agency transferred its interest in the easement to the City of Redding by Quitclaim Deed dated July 12, 1999. 3. The City has received a request from Richard Downs and Ron Munk for the abandonment of a portion of the Court Street right-of-way adjacent to property located at 1075 Court Street, as more particularly described in Exhibit A and shown on the location map attached and made a part hereof by reference, hereafter called the "Area of Abandonment." PG&E has agreed to the abandonment proposal. 4. The Director of Public Works has investigated the proposed vacation, and has advised the City Council that, subject to paragraph C of this resolution, the proposed Area of Abandonment is not necessary for existing or future street purposes. No utility or public-service easements are being retained. 5. 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 paragraph C of this resolution, the Area of Abandonment be vacated. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL AS FOLLOWS: A. The foregoing recitals are true and correct. B. 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. C. The proposed Area of Abandonment is not necessary for existing or future street purposes; therefore, it is not in the public interest to maintain the easements. Therefore, the City Council intends to and hereby declares its intention to vacate that portion of the Court Street right-of- way adjacent to property located at 1075 Court Street, as more particularly described in Exhibit A and shown on the location map attached, PROVIDED THAT this abandonment shall not become effective until the owner of the herein property proposed for vacation shall enter into a land development agreement with the City of Redding, ensuring that the following conditions 1 through 5 become a covenant applicable to said owner, or any future owner, and to the development of the property: 1. An irrigation and landscape plan for the Area of Abandonment and all other landscape areas adjacent to Court Street shall be approved by the City Planning Division prior to issuance of a building permit. The landscape plan shall incorporate the following: a. The existing street cut bank shall be regraded to a 3:1 slope with appropriate drainage swales; a grading permit shall be secured from the Public Works Department. b. Fifteen-gallon trees shall be planted on 30-foot centers, or an equivalent number of trees in groupings, along the entire frontage of Court Street. c. The slope above the street shall be intensively planted with shrubs and shrub-type groundcover. Bark groundcover, hydroseeding, and similar nonhardy groundcover may not be utilized. d. A variety of foundation shrubs shall be planted along the entire length of the building walls adjacent to Court Street. 2. The property owner shall install all irrigation and landscape and bear all costs associated with provision of water service at the time of development of the adjoining property. 3. The property owner shall be responsible for all maintenance of the landscape and slope protection above Court Street. Maintenance shall include providing an operational, automatic irrigation system; weeding; replacing dead and missing plant materials; mowing lawns; pruning; and other appurtenances as required to keep all planted areas neat, healthy, and attractive. 4. The property owner shall be responsible for remediation of any slope erosion into the Court Street right-of-way. 5. The architectural elevations for all building walls facing Court Street shall incorporate masonry material (e.g., stucco, block, brick) and vertical and/or horizontal design 2 enhancement. Final building elevations shall be approved by the Development Services Director prior to issuance of a building permit. D. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, June 6, 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 777 Cypress Street, Redding, California. E. The Director of Public Works is hereby instructed to post or cause to be conspicuously posted notices of vacation along the Area 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. F. The City Clerk shall certify to the passage and adoption of this resolution of intention, and cause the same 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 this proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 16th 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: Connie Stro mayor, Ci / ler W. Leonard Wingate, C Attorney 3 EXHIBIT 'A' Proposed Abandonment by the Redding Redevelopment Agency Being a portion of that 8.535 acre parcel as shown on that certain map for Pacific Gas and Electric Company recorded October 22, 1952 in Book 13 of Land Surveys at Page 38, Shasta County Records, in the Diestelhorst Tract in Sections 5 and 6 of the P.B. Reading Grant in the City of Redding, Shasta County, California, more particularly described as follows: Commencing at the most northerly corner of said 8.535 acre parcel for Pacific Gas and Electric Company, said point lying on the southwesterly right-of-way line of the Southern Pacific Railroad on a curve with radius 4247.28 feet and radial bearing North 29°20'07" East; Thence southeasterly along said curve to the right an arc length of 195.06 feet with central angle 2°37'53" to the Point of Beginning for this description; Thence, continuing along said curve to the right an arc length of 51.81 feet with central angle 0°41'56" to the northeast corner of that "EASEMENT FOR ROADWAY AND PUBLIC SERVICES" described in the FINAL ORDER OF CONDEMNATION recorded April 16, 1998 in Book 3681 of Official Records at Page 295, Shasta County Records; Thence along the east line of said easement, South 3°46'23" East a distance of 386.16 feet; Thence North 17°05'05"West a distance of 89.35 feet; Thence North 7°31'35" West a distance of 330.00 feet to the Point of Beginning. Containing 0.24 acres •Sip LAND$4 L 6759 *� aroa 9 OO *i •7rf0 C `tA ' N EXHIBIT 'B' - PROPOSED ABANDONMENT Q BY REDDING REDEVELOPMENT AGENCY A. P . 103-02-11 BEING A PORTION OF SECTIONS 5 AND 6 OF THE P. B. READING GRANT IN THE / -\ 64'4 i. CITY OF REDDING, SHASTA COUNTY, CALIFORNIA /+., �\ 4 -4 '', BY: ITHIEL CARTER //ct' `D\79S ', Sy) SURVEYOR. ANDERSON. CA _\o 3 '28, i�DITCH SCALE 1 " = 60 —4 ` I 10 FEBRUARY 2000 SHEET 1 OF 1 � S N C) O p cT� r^ 7 \J --�11 C `T,02 O LAkO S(�9 \ir a' , .i/I ?V cri 0 -� w, Cir row • %�, �, �, •-� cr , o SS A L 6759 ui cri co o -4 z 1 rn V lit 79 � l p4 �9C,I,� * Expires 9�d0 yt i cmc �.k m o \�° Ali `•`1'r Olt..; F Z -< Y� F�T4 28 I?9 f. le OF CI�IICfl� ` o z NZ f, 0' 1c';6-, _ iyiteiod 0 \ J TA °'_ HATCHED AREA -\ TO BE ABANDONED -` P \ U1 I 1 P.G.E. / owz; 1-3 - 8.53 ACRES A, aN, �l GROSS h o 4 \\�n = 13 L.S. 3 8 .3�•//QP ,8)\ , , \y \ /` y^� ati \-Vd, //P LEGEND \ \o- . ( - ) DATA PER 3681 O. R. 295 95. \ \ s. LINES AND CURVES 4)' V \ < ,.> R1 S 29° 20' 07 " W RADIAL \�`�o ��oo� L1 S 17° 05 ' 05 " E 89 . 35 ' 0% ,os,\��,, o.` A O. .„/� C1 R=4247. 28 ' ,\ DELTA=0° 41 ' 56 " \ 4, L=51 . 81 '