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Home My WebLink AboutReso 2019-032 - Vacating Waverly AveRecording Requested by City of Redding Please Return to City Clerk P.O. Box 496701 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. 050-450-009 2019-0013917 Leslie Morgan Shasta - Assessor/Recorder 05/23/2019 09:28 AM Titles: 1 Pages: 5 Fees: $0.00 Taxes: 0.00 CA SB2 Oee: $0.00 Total: $0.00 1xras 11119WEEMSKU1111 RESOLUTION NO. 2019-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A PORTION OF WAVERLY AVENUE, EAST WAVERLY AVENUE AND DRAINAGE CANAL (ABANDONMENT APPLICATION A-2019-00483) WHEREAS: A. The portion being considered for summary vacation was acquired by the recordation of the Waverly Manor Subdivision in Book 6 of Maps, Page 30 and the annexation of the Community Services District by Shasta County Board of Supervisor Resolution 76-181; B. The portions of the street right-of-way and drainage canal easement have not been used for the purpose for which they were dedicated and have been determined to be excess. Therefore, the owner of the property has asked that the City vacate this portion of the street right-of-way and drainage canal, described as Parcel 1 and Parcel 2 in Exhibit "A" and shown on Exhibit "B" attached and made a part hereof by reference; C. The City is RETAINING a 5 foot wide Public Service Easement over the portion of described in Exhibit "A" and shown on Exhibit "B;" D. The street closure falls within the criteria of CEQA Section 15305 and is categorically exempt; NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: C) 1. The City Council elects to proceed in this matter under the provisions of the California Streets and Highways Code, Section 8333 and 8334. 2. The City Council approves the request to summarily vacate the portions of right-of-way I and drainage canal as described in Exhibit "A" and shown on Exhibit `B." O 3. The portions of street right-of-way and drainage canal have not been used for the purposes for which they were dedicated and are determined to be excess. 4. This proposed vacation would not result in any significant environmental impacts and falls within the criteria of a CEQA Section 15305 and is categorically exempt. 5. The City reserves and excepts from the vacation a public-service easement for the purpose of erecting, installing, constructing, removing, repairing, replacing, reconstructing, maintaining and using for public-service purposes any and all materials, fixtures, appliances, equipment, pipes pipelines, wires, and cables (including fiber optics) necessary for the transmission , distribution, and delivery of electricity, water, sewer, storm water, gas, cable television, communication, and information service utilities over, along, upon, under, and across the parcel of real property described in Exhibit "A" and shown on Exhibit `B." 6. 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 and adopted at a regular meeting of the Redding City Council on the 7th day of May, 2019, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto, McElvain, Resner, Schreder, and Winter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: PAMELA MIZE, City Clerk JULIE W 7 TER, Mayor APPROVED AS TO FORM: �;;7fA_44 j0e�_-'7Z BARRY K eWAL , City ttorney EXHIBIT "A" Description All that real property being a portion of Waverly Avenue and East Waverly Avenue and all that portion designated as Drainage Canal as shown on that map entitled Waverly Manor Subdivision filed on May 19, 1947 in Book 6 of Maps, Page 30, Shasta County records and being a portion of Sections 24 and 27, of the P.B. Reading Grant in the City of Redding, County of Shasta, State of California, being more particularly described as follows: PARCELI Beginning at the most northerly corner of said Waverly Manor Subdivision said corner being the Section corner common to Sections 23, 24, 27 and 28 of the P.B. Reading Grant thence on and along the Northeasterly boundary of said Waverly Manor Subdivision South 480 18' 31" East 40.00 feet to the most northerly corner of the lands of Thomas Roberts as described in that Grant Deed recorded December 14, 2017 in Instrument No. 2017-0037973; Thence on and along the Northwesterly line of said lands of Thomas South 41° 55' 00" West 191.05 feet to a point on the Northeasterly right-of-way line of aforementioned East Waverly Avenue; Thence on and along said Northeasterly right-of-way line South 480 18' 31" East 83.88 feet to a point hereinafter known as "POINT A"; Thence leaving said Easterly line northwesterly on and along a curve to the left which radius bears South 41° 41" 29" West having a radius of 90.00 feet through a central angle of 69° 26' 20" an arc distance of 109.07 feet to the beginning of a reverse curve to the right; Thence on and along said curve to the right having a radius of 30.00 feet through a central angle of 92° 39' 05" an arc length of 48.51 feet to the Northwesterly line of the aforementioned Waverly Manor Subdivision; Thence on and along said Northwesterly line North 41 ° 55' 00" East 266.48 feet to the point of beginning. Containing 11,923 square feet more or less. RESERVING THEREFROM a 5.00 wide strip of land for Public Service Easement purposes lying northerly and adjacent to following described line over, under and across that portion of above described Parcel 1 being more particularly described as follows: EXHIBIT "A" (continued) Beginning at the aforementioned "POINT A", thence on and along a curve to the left which radius bears South 41 ° 41' 29" West having a radius of 90.00 feet through a central angle of 69° 26' 20" an arc distance of 109.07 feet to the beginning of a reverse curve to the right; Thence on and along said curve to the right having a radius of 30.00 feet through a central angle of 921 39' 05" an arc length of 48.51 feet to the Northwesterly line of the aforementioned Waverly Manor Subdivision; PARCEL 2 Beginning at the most northerly corner of said Waverly Manor Subdivision said corner being the Section Corner common to Sections 23, 24, 27 and 28 of the P.B. Reading Grant thence on and along the Northwesterly boundary of said Waverly Manor Subdivision South 410 55' 00" West 266.48 feet to a point hereafter referred to as "POINT B" and the beginning of a curve concave to the Northeast; Thence on and along said curve to the right which radius bears North 640 54'14" East, having a radius of 30.00 feet, through a central angle of 10° 15' 32" an arc length of 5.37 feet to the beginning of a compound curve; Thence on and along said compound curve to the right having a radius of 222.00 feet, through a central angle of 040 51' 08" an arc length of 18.80 feet to the most southerly comer of Lot 38 as shown on that map entitled River Pointe Subdivision filed on December 1, 2017 in Book 25 of Maps at Page 3, Shasta County Records; Thence on and along the Southeasterly line of said Lot 38 and Lot 37 of said River Pointe Subdivision North 41' 55' 00" East 252.88 feet to the most easterly corner of said Lot 37; Thence South 48° 23' 4l" East 20.00 feet to the point of beginning. Containing 5,203 square feet more or less. RESERVING THEREFROM a 5.00 wide strip of land for Public Service Easement purposes lying easterly and adjacent to following described line over, under and across that portion of above described Parcel 2 being more particularly described as follows: Beginning at the aforementioned "POINT B", Thence on and along a curve to the right which radius bears North 640 54'14" East through a central angle of 10° 15' 32" an arc length of 5.37 feet to the beginning of a compound curve; Thence on and along said compound curve to the right having a radius of 222.00 feet through a central angle of 04° 51' 08" an arc length of 18.80 feet to the most southerly corner of Lot 38 as shown on that map entitled River Pointe Subdivision filed on December 1, 2017 in Book 25 of Maps at Page 3, Shasta County Records; EXHIBIT wBw RIVER POINTE SUBDIVISION 25—MAPS-3 NE BEARING DISTANCE Ll N 23 41 W 20.00' L2 S 48*18'31" E 40.00' L3 S 48-18-31 - E 83.88T 0-0 25 1.0 37 looli'N& P4; !ql ni A if"54,4040 ............. ...... ........ PCL 1 ABANDONMENT 11,923 SO. FT. ...... ..... ..... .............. .......... PCL 2 ABANDONMENT 5,203 SQ. Fr. 38........ -l� m m m PSG o 2 . ...... c� > .... ..... r Z m ............ Q� .......... C-) LA.............. .... ........ ..... C POINT 'A' POINT 113' %-0- 0 alp WAVERLY MANOR SUB. Z�- 6—MAPS-30 LF ENGINEERING DIVISION SUMMARILY VACATION 0 50 100 STREET PORTION OF WAVERLY AVE. 7-1-S-5, EAST WAVERLY AVE. AND DRAINAGE CANAL DWG. NO: BOOK 6 OF MAPS, PACE 30 EAST WAVMY MARCH, 2019 VACAMN I