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Home My WebLink AboutReso 99-013 - Summarily Vacating Portions of An 84-Ft Right-of-way for Public Roads, Public Utilities, and Storm Drains Granted by Richard R McDonald Et Al p . _ � , !(Ill�ll�Illl�l�llilllllll�ilflU4 N �� • � •� �9'9-0��434-6 �4 Recording Requested by OfficQalr t�ecar�d� f �� ^�� .�� CHICAGO TITLE COMPANY �¢'-��`t� �f E SHA�Ti� I FOR THE CITY OF REDDING CRIS ANLIREWS i Please Return to Recor�d�r ! City Clerk f �,f�a City of Redding 1�d:3�AhS �3-Feh-19"3� I Paee 1 �f 1� P.O. Box 496071 Redding, CA 96049-6071. Dceumentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE -CITY BUSINESS Gov. Code §6103 A.P.N. 117-280-01, 03 RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUlVIIVIARILY VACATING PORTIONS OF AN 84-FOOT RIGHT-OF-WAY FOR PUBLIC ROADS, PUBLIC UTILITIES AND ��, STORM DRAINS GRANTED BY RICHARD R. McDONALD, ET AL., TO THE CITY OF REDDING. WHEREAS: A. An 84-foot right-of-way for public roads (together with necessary slope easements to construct the road required by the City of Redding), public utilities and storm drains was granted to the City of Redding by Richard R. McDonald; James T. McDonald, III; Evert P. McDonald; Winsome E. Wells; James M. Wells, Jr. and Jean M. Wells, Trustees of the J.T. McDonald Trust; Do:othy McD�r�ald and Winso;r,� �'Ve11s, Trustees �f the J.T. McDonald, Jr., Trust; Jean M. Wells; and James M. Wells, Jr. (hereinafter called "Wells/McDonald") by Easement Deed dated June 2, 1989, and recorded on February 13, 1990, under No. 6645 in Book 2567 of Official Records at page 62, Shasta County Records, hereinafter called the "1989 Easement." B. Subsequent to the granting of the 1989 Easement, the Shasta Vineyard Homeowners Association, a California Non-Profit Mutual Benefit Corporation, acquired ownership of The Vineyard from Scottsdale Company, Inc., a California Corporation, by Grant Deed dated March 9, 1990, and recorded January 4, 1991, in Book 2676 of Official �j Records at page 380, Shasta County Records. _ "c\ �1 � C. The property owners have requested that portions of the 1989 Easement be � vacated due to its non-use and relocation. The realignment of the Palacio Drive roadway and � public service easement was accomplished by the following: � 5,�;;%n ,,.�,J _r: ''y ;J%' . - �'.f�"�-�'��,f •' • • (1) On January 17, 1997, Wells/McDonald granted a Street Right-of-Way and Public Service Easement to the City of Redding, recorded on December 30, 1997, under No. 43124, in Book 3635 of Official Records at page 204, Shasta County Records; and (2) On January 17, 1997, the Shasta Vineyard Homeowners Association, a California Non-Profit Mutual Benefit Corporation, granted a Street Right-of- Way and Public Service Easement to the City of Redding, recorded on December 30, 1997, under No. 43123, in Book 3635 of Official Records at page 198, Shasta County Records. D. The Public Works Department has advised that the portions of the 1989 Easement proposed for vacation have never been used for p�ablic roads, pu�lic utilities or storm drains; there are no public utility facilities that are in use; and there is no indication that the portions will be required for prospective street or utility purposes. 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 farth in Section 8330, et seq., of the Streets and Highways Code of the State of California. 2. The portions of the 1989 Easement proposed for vacation have not been used for the purposes for which the easement was acquired for five consecutive years immediately preceding the proposed vacation. 3. Because Wells/McDonald own the underlying fee to the 1989 Easement, the proposed summary vacation will not benefit the Shasta Vineyard Homeowners Association. Any exchange of surplus right-of-way must be accomplished by a quitclaim deed from Wells/McDonald to the Shasta Vineyard Homeowners Association. 4. The City Council approves the request to summarily vacate the portions of the 1989 Easement that are more particularly described and shown cross-hatched on Exhibits A, A-1, B, B-1, C and C-1 attached hereto and made a part hereof by reference, SUBJECT TO THE FOLLOWING CONDITION: Concurrent with and following the recording of a certified copy of this resolution of vacation in the office of the Shasta County Assessor/Recorder, there shall also be recorded a Quitclaim Deed from Wells/McDonald in favor of the Shasta Vineyard Homeowners Association, a California Non-Profit Mutual Benefit Corporation, to that portion of the 1989 Easement lying north of the north boundary line of the new alignment of the Palacio Drive roadway and public service easement. The City Clerk is directed to record the certified copy of this resolution of vacation and the Quitclaim Deed (to be provided by Wells/McDonald or the Shasta Vineyard 2 •* � • Homeowners Association) concurrently in the office of the Shasta County Assessor/Recorder. 5. From and after the date this resolution is recorded, the portions of the 1989 Easement hereby vacated shall no longer constitute right-of-way for public roads (together with necessary slope easements to construct the road required by the City of Redding), public utilities and storm drains. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the ] 9 t h day of ,T a n� ,1�, 1999, by the following vote: AYES: COIJNCILMEMBERS: Cibula , Kight , McGeorge , Pohlmeyer and Anderson NOES: COIJNCId.MEMBERS: N o n e ABSENT: COiJNCIL MEMBERS: -A1 o n e ABSTAIN: COiJNCIL MEMBERS: N o n e rv�J ROBERT C. ANDERSON, Mayor Attest: Form Approved: ' ��-�� :T ' Connie S�rohmayer, ty Clerk W. Leonard Wi� e, City Attorney 3 •� • • July 19, 1994 Job No. 92.230 (Palacio.�) ' EXH➢BiT A for Palacio Drive - Area to be Abandoned All that certain real property situate in the City of Redding, Gounty of Shasta, State of Cali�ornia, more particularly described as follows: CONIi�IENCING at the section corner common to Section 20, 21, 29 and 28, Township 32 North, Range 4 West, M.D.B.&M., thence South 00°59'06" East, a distance of 42.01 feet to a point on the South line of Palacio Dnve as conveyed to the City of Redding by Easement Deed dated June 2, 1989 and recorded February 13, 1990 in Book 2567 of Official Records at pa�e 62, Shasta County Records; thence along said south line ofPalacio Drive, North 89°38'24" West a distance of.87 feet to the Point of Beginning of this descnption; thence from a tangent bearing South 89°57'37" West alon�a curve to the left having a radius of 958.00 feet and a central angle of 10°43'08", an arc length of 179.22 feet to a point hereinafter referred to as Point "A"; thence from a tan�ent bearing North 77°56'S9" East along a curve to the ri�ht having a radius of 758.00 feet and a central angle of 12°24'37", an arc length of 164.18 feet; thence South 89°38'24" East a distance of 15.18 feet back to the Point of Beginning. Containing 119.97 square feet, more or less. ?5�O�ND S�� vw L�� , DAVID J. EGG N � 75 Nj, Expires 12-31-01 `9 � ��F C,qL�FC I - - �- - _ � � � �� • � � �� o�,o�,� E �R� S �2 CR� � 10'40'45�� w A SCALE: 1 " = 20' � I � 20 30 40 � � � � � z VARIABLE WIDTH � � � � � � J D � � � N z � = 12'24'37" z O . R = 758.00' �, � � T = 82.41' � � 0 = 10'43'08" L = 164.18' o , O � � R = 958.00' � ( T = 89.87' \ � N L = 179.22' � AREA TO ABANDONED � 119.97 s.r: EXHIBIT A-1 I 0 � FOR PALACIO DRIVE AB�N�OiV�EUT �G�,�r1t� sCf ��, �,. BEING A PORTION OF THE N.E. 1/4 �r, °��', OF THE N.E. 1/4 OF SECTION 29 J DAVI�J E GE � T. 32 N., R. 4 W., M.D.B.M. IN THE U `�� CITY OF REDDING, COUNTY OF SHASTA, �y�s STATE OF CALIFORNIA �,�, r ires f2-31-01 � �,�-�e� ,�� B Y � ��C�L�� S 00'21'36" W (R) o SNARRAH DUNLAP SAWYER. INC. ENGINEERING • PLANNINC • SUR�EYING \ 3161 8echelli Lane • Suite 10� . Redding, Ca. 96002 S 89'38'24" E (s,e> zz,-,�s2 FaX (916) zz,-a3ss 15.18' N 00'02'23" E (R) � N 89'38'24" W 29 20 JUNE 1994 0.87' SECTION LINE � S 00'S9'06" E ' 21 42.01' HACIENDA HEIGHTS 28 92.230 - � • � ,,,.r�_:_:_:---- July 20, 1994 �:�"%; " __ . :,\ ;;_ �`,:;'; , Revised December 19, 1997 ��;�� -' Job No. 92230 ��,�, ;��'� ;��'� � _-�'�� ='� Palacio.2 � '�"� '�� - �� ( ) EXH I B 07' � ��;,-,� _ _ > � , _ ., ,,, _ _ �� ,�.�, ��:_�;; for `�:. ,�- �" �;; - - Palacio Drive - Area to be Abandoned � All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly descnbed as follows: COMl�LENCNG at the section corner common to Section 20, 21, 29 and 28, Township 32 North, Range 4 West, M.D.B.&M., thence South 00°59'06" East, a distance of�2.01 feet to a point on the South line of Palacio Drive as conveyed to the City of Reddin� by Easement Deed dated June 2, 1989 and recorded February 13, 1990 in Book 2567 of Official Records at page 62, Shasta County Records (2�67 OR 62); thence along said south line of Palacio Drive, North 89°38'24" West a distance of 0.87 feet; thence leavin� said south line of Palacio Dnve, North 89°38'24" West a distance of 1�.18 feet; thence along a curve to the left havin� a radius of 758.00 feet and a central angle of 12°24'37", an arc length of 164.18 feet to a point on the south line of said Palacio Drive hereinafter refened to as Point "A"; thence leaving south line of Palacio Drive (2567 OR 62) and continuing along a curve to the left having a radius of 758.00 feet and a central angle of 38°40'31", an arc length of 511.66 feet to a point; thence South 39°16'28" West a distance of 226.59 feet to a point; thence along a curve to the right having a radius of 742.00 feet a central angle of 22°55'S8", an arc length of 296.99 feet to a point of intersection on the south line of Palacio Drive (2567 OR 62), said point hereinafter referred to as Point "B" and being the point of beginning of this description; thence from a tangent bearing South 45°44'02" West along a curve to the right having a radius of 1042.00 feet and a central an�le of 23°07'13", an arc length of 420.47 feet to a point in the west line of the land described in the deed to Richard R. McDonald, et al, recorded September 25, 1987 in Book 2346 of Official Records at page 797, Shasta County Records; thence North 00°52'39" West a distance of 90.09 feet to a point on the north line of Palacio Drive (2567 OR 62); thence from a tangent bearing North 66°59'15" East, along said north line of Palacio Drive along a curve to the left having a radius of 958.00 feet and a central an�le of 07°39'38", an arc len�th of 128.09 feet to a point hereinafter referred to as Point "C"; thence from a tangent bearing North 81°40'44" East, along a curve to the left having a radius of 742.00 feet and a central angle of 19°28'18", an arc length of 252.17 feet back to the point of beginning. Containing 22,359.�6 square feet or .51 acres, more or 1ess. - . ' �PROPOSED ALI�NT �� -� ,��.A��1D��_`.;,\ FOR � �v `':�c�::.', � DAVID �;_ '�� PALACI� DRIVE , N� � "° 4z' � � ABANDONNiENT � �T w 3,-o, h,�,. �� i n'�`��`� BEING A PORTION OF THE N.E. 1/4 I F C!\'.`�✓ p� - - OF THE N.E. 1/4 OF SECTION 29 ' G' T. 32 N., R. 4 W., M.D.B.M. IN THE � CITY OF REDDING, COUNTY OF SHASTA, I B STATE OF CALIFORNIA ' � � BY 1�; .�'I,� , � 2� o SHARRAH DUNLAP SAWYER, INC. I \l�� ENGINEERWC • PLANN�NG • SURVEYINC I ` � 3161 8echelli Lane • Suite 103 • Reddinq, Ca. 96CO2 (916) 221-1792 Fax (916) 221-8369 �� JUNE 1994 O I o �� I co /O ; �`' AREA TO BE ABANDONED i � ; � � 22, 359. 56 S. �. - . 51 AC. � � • PROPOSED ALIGNMENT �� z � � 0 = 19`28'18" Q R = 742.00' � = 23'07'13" �,r� T = 127.31' R _ ��32.00' � L = 252.17' L = 420.47' � O � N „ W I �R� N 08'19'16 � I� � � � i � �-�' I . � � �� z ��1 � � = 07°39'38" � Q R = 958.00' :�CALE: 1 " = 50' T = 6�.�4' ` L = 128.09' I 90.09' � �� '`� �S 00'S2'39" E � ��•00 °�� F�� B �5 \N N 2� N 2�'° 9 2.2 3 0 a�Pa,�a�o2 . ' , � • .— , l.a�—��C �� . . J U �J�,! July 19, 1994 :�� \ i ci Revised December 19, 1997 `-� ''�� Job No. 92.230 ��=1� �AV D J �GC��I 1;.,� ti�r5 1._.! (Palacio.4) EXI�II�IT C �, " ,r� �xpires 12-31-01 .�;�'-J� _, _. ;: for �.�;�^>- _ %:"`_.,',,�� ,�'� :,;�_:...y...>:,, Palacio Drive - A.rea to be Abandoned � All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: CONIlVIENCING at the section corner common to Section 20, 21, 29 and 28, Township 32 North, Range 4 West, M.D.B.&M., thence South 00°59`06" East, a distance of 42.01 feet to a point on the South line of Palacio Drive as conveyed to the City of Redding by Easement Deed dated June 2, 1989 and recorded February 13, 1990 in Book 2567 of Official Records at page 62, Shasta County Records (2�67 OR 62); thence along said south line of Palacio Drive, North 89°38'24" West a distance of 0.87 feet; thence leaving said south line of Palacio Drive, North 89°38'24" West a distance of 15.18 feet; thence along a curve to the left havin� a radius of 758.00 feet and a central angle of 12°24'37", an arc length of 164.18 feet to a point on the south line of said Palacio Dnve hereinafter referred to as Point "A"; thence leaving south line of Palacio Drive (2567 OR 62) and continuing along a curve to the left having a radius of 758.00 feet and a central angle of 38°40'31", an arc length of 511.66 feet to a point; thence South 39°16'28" West a distance of 226.59 feet to a point; thence along a curve to the right having a radius of 742.00 feet a central angle of 22°55'S8", an arc length of 296.99 feet to a point of intersection on the south line of Palacio Drive (2567 OR 62), said point hereinafter referred to as Point "B"; thence continuing along said curve to the right having a radius of 742.00 feet and a central angle of 19°28'18", an arc length of 252.17 feet to a point of intersection on the north line of Palacio Drive (2567 OR 62), said point hereinafter referred to as Point "C"'; thence continuing along a curve to the ri�ht having a radius of 742.00 feet and a central angle of 08°42'28", an arc length of 112.77 feet to a point on the west line of Parcel A as shown on the map of The Vineyards P.D. 1-89 Unit 2B / 5-10-89, filed for record in Book 21 of Maps at page 25, Shasta County Records and as conveyed in the deed to Shasta Vineyards by deed recorded in Book 3058 of Official Records at page 850, Shasta County Records; thence along the west line of Parcel A, North O1°04'32" West (record North Ol°OS'08" West) a distance of 84.03 feet; thence leaving said west line, from a tangent bearing South 89°25'36" East, along a curve to the left having a radius of 658.00 feet and a central an�le of 27°18'S6", an arc length of 313.70 feet to a point of intersection �vith the north line of said Palacio Drive (2567 OR 62), said point hereinafter refened to as Point "D" and bein�the point of beginnin�of this description; thence from a tangent bearing North 44°59'S7" East along a curve to the left having a radiuls of 958.00 feet, a central angle of 07°19'31", an arc length of 122.48 feet; thence North 37°40'26" East a distance of 200.00 feet; thence from a tangent bearing North 37°40'26" East al.ong a curve to t�e right having a radius of 1042.00 feet an a central angle of 41°35'31", an arc length of 756.40 feet to a point hereinafter referred to as Point "E" on the north line of said Palacio Drive(2567 OR 62); thence from a tangent bearin� South 78°Ol'06" West along a curve to the left havin� a radius of 842.00 feet and a central angle of 38°44'38", an arc length of 569.37 feet; thence South 39°16'28" West a distance of 226.59 feet; thence from a tangent bearing South 39°16'28" West along a curve to the right having � � ` • • July 19, 1994 Revised December 19, 1997 Job No. 92.230 Page 2 (Palacio.4) a radius of 658.00 feet and a central angle of 23°59'00", an arc length of 275.43 feet back to the Point of Beginning. Containing 32,781 square feet or .75 acres, more or less. - ; . . � � N i 0'44'�3„ IN � ' ' ('4) N , I ..Y ��p,NO S � �S . � �� C�,QL Sa' �i � �� , �� I � �D J. EGG� � % * p qg7 � �j, Expires 12-31-01 � 1 �� I � �OF �A�.4�/ � SC,aL`: �" = 80' ! f � � = 41 '�S'31" � o ��C �'_'o �50 R = 1042.00' � T = 395.73' G I L = 756.40' � i 0 = 38'44'38„ � R = 842.00' T = 296.05' � O L = 569.37' � , O �ECTION UNE � � N � � �-- Z AREA TO BE ABANDONED � 32,781 S.F. — .75 AC. �`R� Q ��2 50`� N S o � I O � c0 � N � I � � � � � � � 6'- � z �c�: Q � ' � �� EXI-i i B�T C-1 �R9�,�' � S �o� '�2 S 52 FOR PALACIO DRIVE �o ABANDONMENT o_ , o = 23°59'00" R = 658.00 BEING A PORTION OF THE N.E. t/4 T = 139.76� OF THE N.E. 1/4 OF SECTION 29 � - 275.43� AND A PORr10N OF THE S.W. 1/4 OF TH E S.w. 1/4 OF SEC TI ON 20 ` T. 32 N., R. 4 W., M.D.B.M. IN THE , � CITY OF REDDWG, COUNTY OF SHASTA, "`j� STATE OF CALIFORNIA �jrL1g a r �R� S L� � _ �7'19'31„ o SHARRAH DUNLAP SAWYER, INC. Q 9SH.00 D \` ENGINEERING • �UNNINC • SUR�YINC. 31fi1 Bechelll �ane • Suite fOJ . RedElnq, Ca. 96002 T = 61.32 (916) 221-1792 Fo■ (916) 221-8}69 L = 122.48 �uNE 1994 �3' S 26'4 '32" E (R) ' E ,�� 45'0� �� „�