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Home My WebLink AboutReso 99-038 - Summarily Vacating a slope easement reserved by Caltrans for COR Affecting the NW Corner of Property Located between State Hwy 44 & Dana Dr Adj Hilltop Dr Right of Way . , IIII��Ii�I�II�I�IIi��iI�I11191i6EI \� . . L• Y\� ` ` • � �� 1 C�� Recording Requested by � CITY OF REDDING Recorded i REC FEE ,�r� Official Records 1 Please Return to Co�HASTAf f City Clerk City of Redding CRRero�rderWs f P.O. Box 496071 i �.W. Redding, CA 96049-6071 +b1:30RM 3i-Mar-1'39'3 i ��aqe i of 5 Documentary Transfer Tax: None - City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 APN: Portion 107-290-01 Portion 107-280-07 RESOLUTION NO. 99-� A RESOLUTION OF THE CITY COUNCIL OF '�HE CITY OF REDDING SUMMARILY VACATING A SLOPE EASEMENT RESERVED BY CALTRANS FOR THE CITY OF REDDING AFFECTING THE NORTHWESTERLY CORNER OF PROPERTY LOCATED BETWEEN STATE HIGHWAY 44 AND DANA DRIVE, ADJOINING THE HILLTOP DRIVE RIGHT-OF-WAY. WHEREAS: A. A slope easement affecting the northwesterly corner of property located between State Highway 44 and Dana Drive, adjoining the Hilltop Drive right-of-way (the "property"), was reserved by the State of California (Caltrans) for the City of Redding prior to plans being finalized for the widening of the bridge over State Highway 44 at Hilltop Drive. B. The slope easement was recorded July 2, 1998, Instrument/File No. 25495, of Official Records of Shasta County, and is more particularly described in Exhibit A and shown on Exhibit B attached and made a part hereof by reference. C. Subject to the conditions in paragraph 3 of this resolution being satisfied, it is the recommendation of the Public Works Department that the City summarily vacate the slope easement so that the property owner can regrade the property for a commercial development. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: 1. The foregoing recitals are true and correct. The slope easement has not been used for the purpose for which it was acquired for five consecutive years immediately preceding this vacation. � 2. 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 8333, et seq., of the Streets and Highways Code of the State of California. f � 3. The City Council approves the property owner's request to summarily vacate the slope ,�l easement only, as more particularly described and shown on attached Exhibits A and B, � � , s __.��,-� --� /;_,'' /��y,i'..� (.J."J r��'rr> >ri ..s � � � SUBJEC�' TO THE CONDITION that this vacation shall not become effective, and this resolution shall not be recorded, until the property owner has provided the City of Redding—directly or through escrow—with the following documentation: (a) An Easement Deed (Street Right-of-Way) in recordable form in favor of the City of Redding for street right-of-way over the "Area of Dedication" described in Exhibit C and shown on Exhibit C-1 attached and made a part hereof; (b) A Consent or Consents to said Easement in recordable form from the deed(s) of trust holder(s) of record; and (c) An original or certified copy of a resolution of North State Investments, Inc., a Nevada Corporation [a partner in Discovery Village, LLC, a Nevada Limited-Liability Company] authorizing entering into and executing the above Easement Deed in favor of the City of Redding; and a copy of the corporation's bylaws and Articles of Incorporation—as required by condition 13 of the preliminary report 4. When the Director of Public Works, or his designee, advises the City Clerk that the above condition has been met, the City Clerk is directed to cause the following documents to be recorded in the office of the Shasta County Assessor/Recorder, either directly or through escrow: First: The above Easement Deed, accepted by the City; Second: All Consents to said Easement; and Third: A certified copy of this resolution of vacation, attested by the Clerk under seal. 5. From and after the date this resolution is recorded, the easement described in Exhibits A and B shall no longer constitute a slope easement. All other easements of record are not affected by this vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 2nd day of March , 1999, by the following vote: AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COiJNCIL MEMBERS: None ABSENT: COiJNCIL MEMBERS: None ABSTAIN: COiJNCIL MEMBERS: None �. 1L-..J ROBERT C. ANDERSON, Mayor Attest: Form Approved: ` � _/��' � � -�.�,��.�r/�.� ��- Connie Strohmayer, City erk W. Leonard Wingate, (' Attorrtey 2 , ` . . . • EX �iIBIT" A " SUMMARY V�ICATION That portion of the East one-half of Section 31, Township 32 North, Range 4 West, M. U. M., described as follows: Commencing at a point 231.50 feet leR of Engineer's Station "C" 114+�1.71 as shown on Sheet 2 of the map entitled "RECORD OF SURVEY OF MONUMENTATION", filed February 22, 1973 in Book 37 of Land Surveys at Pages 115-120, Shasta County Records; thence, along the course shown as "NO1°25'21"W 114.44 feet"and its Southerly prolongation, SOl°25'21"E 132.45 feet; thence N84°32'40"W 671.74 feet to the Easterly right-of-way line of�-iilltop Drive as shown on the "MAP OF RELINQUISHMENT", filed August 20, 199G in Volume 7 of State Highway Maps at Page 196, Shasta County Records; thence along said Easterly line, N04°16'42"E 308.12 feet to the Southerly right-of-way line of Dana Drive as shown on said Map of Relinquishment and the point of beginning; tl�ence along said Easteriy line, SO4°16'42"W 60.00 feet; thence N64°41'36"E 112.00 feet to a point on said Southerly right-of-way line; thence along said Southerly right-of-way line N68°29'15"W 7.71 feet; tlience N74°00'44"W 25.07 feet; tl�ence on a curve to the lef� having a central angle of 29°18'S3", with a radius of 129.50 feet and an arc length of 66.26 feet to the point of beginning. Ref: Summary Vacation/From the City of Redding To J. Maxwell 01/14/99 � � EXHIBI T 'B' . - -�� , HIL L TOP DRI VE _ HIL L TpP R/i,i ---- —' n.00 so4•�6-4�-w - ., � �-� �---�` I -� CQ N �� — — g � � �n'�–Z �/ � \� I m\�—� S \\ .,A�-----�z N~\ � � \ ti b O��,__� � \ � 0�b � SEE DETAIL � � t---- / / � v / / ,� / DE�TAIL p�~ � NIS Q� / / �� / / / / a � � a ; � ' � / l � I ABANDONMENT lVo. ' FROM L INE DIREC TION �ts TAnrcE CI T Y OF REDDING L 1 S74'00'44 EE 25.07' I TO L 2 S68'29'!5 E 7.71' J MAX WEL L CURVE RADIUS L£NGTH DEL TA I CI 129.50' 66.26' 29'18'��;" SCAL E� 1'=100' 12-15-98 FEB. iB ' 99 (THU) 16 41 FIDELITY NATiCAIAL TITLE 5�0 221 2748 PAGE. 2/9 .: 't,. . • � EXHIBIT C S?R�ET 1��DICATION That portion ok'f�e�aist one-h�If of Sec"ion �I,�'ownship 32 �1�rth, Range 4 West, M. D. M., described as follows: Commencing at a point 231.50 feet lef�of�n�ineer's St�tion"C" 114+7�.71 as shown ott Sh�et 2 of the map entitled"RECORD O�' SURVEX OF I�l[ON�IV�EN�'ATIOIV", filed I'ebruary 22, 1973 in Book 37 vf Land Surveys at Pages H �5-120, Shas4�County Record5; thence,alon� the cvurse shown as"N01°25'21"W 114.44 feef'snd its Sout�erly pa�oion�ation, S0�°25'21"E I 32.45 feei; thence N84°32'40"W 671.74 fece to the Easterly right-of way line of I-�illtop brive as shovv�on the "IvYq,p p� �LINQ�IISI-��IE1�IT", filed ,a►ug�st �Q, 1996 in Volume �of State Highway 1Vlaps at Page i96, Shasta Co��ty Records; thence along said Easterly line, N04°16'42"E 308.1 z feet to the Soutl�erly right-c�f-way lin�off Dana Dtive as shown on said Ma� of Relinq�ishm�nt and the point of be$inning; thence a�ong said Easterly line, SO4°i6'42"�V 1 I.6S feet; thence on a curve to th�right which Yatzgent bears N6$°26'34"E, havin� a centrai an�le of 43°04'10", w�th a radius of 121.50 feet and an arc ]en�th of 91.33 feet; thertce N21°30'45"�2.75 feet to�poini nn said Southerly right-of-way line; thence along said South�rly right-of way line N7�}°00`�i�S"W 25.07 feet; theance on�curve tv the left having a central �tngle of 29°1�'S3", with a rmdius of 129.50 feet and an arc Iength of 66.2b fe�t 4o the point of beginnipg. �� ' � �p $pj}(� QN ..�'�' x f 0, ��O H �Ytl�p��'1�'��tl�� . V� � �� B M�lM� 1)�I /�� * ��. t.y,-�� / G:PS W' 12�1 - �r � �� AUTMORIZ�D SIGNATURE � 2a�2t * �'y �rv�� ,��e� �p� CA1.�F��'. Ref: Right o�'Way Dedication/To the City of Redding Fronn J. Maxwel! O 1114/99 ^ . . ,, ,� � EXHIBIT C-1 � HILL TOP DRI VE HIL L TOP iP/W o.00 L3 ,� --- --- I � - - g i � f / \ � AREA OF DEDICA TIDN � , \ ti e rn � \ , �` - - SEE DE TAIL �. / . ti � � v / �� / J� / DE rAI� ��~ / Nrs Q' / / �Q / � / / / � /b� �. / 1 � LINE- DIRECTION DtsrAnrcE �RIGHT OF WA Y DEDICA TION L 1 S74'00'44'E 25.07' TO L 2 Nc'1•3o�45�E 2.�s� � CI T Y OF RE�DDING L 3 N04'16'42'E 11.65' FROM CURVE RADIUS L ENGTH �E� TA I J. MAX WEL L Cl 129.50' 66.26' 29'!8'S3' � C2 121.50' 91.33' 43'04'10' SCAL E� 1'=100' 12-15-98