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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) . - . �✓'�/ . � _ ., • • 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; �`� E ,�� � � �.�� . � . =�� .3�14PAGE��� �j�:��'�"''",',�—l',r" (�, � - �- ,I � � (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 2 �� �3��������'�-'� . � , � � � 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 :��.� ������.������� �o.-�� �'f�P �io y.���a-o - r . , \ ` \ � C � � � Z S D � � `..._ < � � _ � � Z -� / � C � ��R , D ����� \ � � � � o � \ � � � �RE A�A � , --_____- � o� -_-- ��� �� G o �\�,�-� o� �� 0 � � z D N � r� � Z �G F � ��� <�� ��<< � o� < OR � � � N O -1 x r O'p �� � G� r�i �� z << 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 ���3�4� �:�:�,�.:����,���������