HomeMy WebLinkAboutReso 99-018 - Abandonment of A .2 Acre portion of a dedicated open space easement located to the rear of 3 single-family Residential Lots on Shadow Brook Ln. & Misty Glen Dr, Adjacent to Unit 16 of the Coutnry Heights Subdivision (A-12-98) . - . �✓'�/
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Recording Requested by
CITY OF REDDING �Q��,��i�
Please Return to
City Clerk REGORDED IN OFFICIAC RECORDS
CiTy of Redding OF SHASTA COUNTY, CALIFORfdIA
P.O. Box 496071 �M�N, p,���P�
Redding, CA 96049-6071 ,JAN 2 5 1999
Documentary Transfer �ax: None
City of Redding EXEIVIPT (� .
Rev. & Tax. C.A. §ll922 �kA
NO FEE - CITY BUSINESS RECORDING FEES
Gov. Code §6103
Portion A.P.N. 104-500-20
RESOLUTION NO. 99-�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ORDERING THE ABANDONMENT OF A .2 ACRE PORTION OF A
DEDICAT�D OPEN SPACE EASEMENT LOCATED TO THE REAR OF
THREE SINGLE-FAMII,Y RESIDENTIAL LOTS ON SHADOW BROOK LANE
AND MISTY GLEN DRIVE, ADJACENT TO i1NIT 16 OF THE COUNTRY
HEIGHTS SUBDIVISION (A-12-98).
WHEREAS:
1. On December 15, 1998, by Resolution 98-172, the City Council adopted a resolution of
intention to abandon the hereinafter described portion of an open space easement for trail purposes
(hereinafter referred to as "Area of Abandonment").
2. Proceedings have been duly conducted and held in accordance with the provisions of
California Government Code Section 51090, et seq.
3. This abandonment is SUBJECT TO the following occurring prior to the recording of this
resolution in the office of the Shasta County Recorder::
(a) A property line adjustment for the above-described three single-family residential
parcels on Shadow Brook Lane and Misty Glen Drive has been recorded in the
Office of the Shasta County Assessor-Recorder; and
(b) The abandonment fee, if any, that each property owner must pay to the County
Treasurer has been paid in full.
4. When the above conditions have been met, the Area of Abandonment will not be needed
for public use.
NOW, THEREFORE, THE CITY COUNCIL FINDS, RESOLVES AND ORDERS AS
FOLLOWS:
l. The above recitals are true and correct.
2. The Area of Abandonment is described in Exhibit A and shown on the map attached hereto and
made a part hereof by reference. `�
3. The City Council makes the following findings in connection herewith: �
(a) No public purpose described in Government Code Section 51084 will be served by �
keeping the land as open space; �`�
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(b) The abandonment is not inconsistent with the purposes of Article 4, Termination of an
Open-space Easement, of California Government Code Section 51090, et seq.;
(c) The abandonment is consistent with the Redding General Plan; and
(d) The abandonment is necessary to avoid a substantial financial hardship to the landowner
due to involuntary factors unique to him.
4. All requirements of California Government Code Section 51090, et seq., have been complied
with.
5. On the basis of the initial study for abandonment application A-12-98 prepared by the
Development Services Department, the City Council finds that the subject abandonment will not
have a significant effect on the environment and approves the negative declaration with the
following findings:
(a) The project is compatible with the Redding General Plan, the surrounding land use and the
Code of the City of Redding, California; and
(b) The project will not significantly alter existing land form.
6. That certain open space easement dedicated to the City of Redding as set forth in paragraph 2
hereof be and the same is hereby abandoned, SUBJECT TO THE CONDITION that this
abandonment shall not become effective nor shall this resolution be recorded until the following
have occurred:
(a) A property line adjustment for the above-described three single-family residential parcels
on Shadow Brook Lane and Misty Glen Drive has been recorded in the Office of the
Shasta County Assessor-Recorder; and
(b) The abandonment fee, if any, that each property owner must pay to the County Treasurer
has been paid in full.
7. When the Director of Development Services advises the City Clerk that the above conditions have
been met, the City Clerk is directed to record a certified copy of this resolution, attested by the
Clerk under seal, in the office of the Shasta County Assessor/Recorder.
I HEREBY GERTIFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the I g t�ay of J a n u a r v , 1999, by the following vote:
AYES: COIJNCILMEMBERS: Cibula , Kight , McGeorge , Pohlmeyer and Anderson
NOES: COIJNCIL MEMBERS: N o n e
ABSENT: COITNCIL MEMBERS: N o n e
ABSTAIN: COIJNCIL MEMBERS: N o n e
% n�--�
OBERT C. ANDERSON, 1Vlayor
Attest: Form Approved:
,
�!''�s ,�`_
Connie Strohmayer, Ciry lerk W. Leonard Wingat;� ity Attorney
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EXHIBIT"A "
Property To Be Abandoned
A portion of Parcel B as shown on that map for Country Heights, Unit 9, recorded in Book 21 of
Maps at Page 2, Shasta County Records, described as follows:
Beginning at the Southeasterly corner of Lot 16 as shown on that map for Country Heights, Unit
16, Phase 5, recorded in Book 22 of Maps at Page 23, Shasta County Records; thence
N08°22'OS"W 121.73 feet; thence N43°53'03"E 104.16 feet; thence S24°41'S2"W 60.01 feet;
thence S51°47'14"E 29.54 feet; thence S24°46'24"E 62.26 feet; thence S49°56'39"W 102.85 feet
to the point of beginning.
Ref: Abandonment No. A-12-98 from the City of Redding to Signature Northwest
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So"R�E: GIS DIVISION
DEVELOPMEN(T SERVICES DEPAFtTMENT LOCATION MAP
ITEM:
o ,so �o � A-12-98 / EDGREN
FEET COUNTRY HEIGHTS UNIT 16 — PHASE 5 A,�A�HMENT:
P:��NN�N�� �ATE: LOTS 13, 14 & 16
A1298LM NOVEMBER 10, 1998
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