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Home My WebLink AboutReso 99-059 - Abandon a portion of a private open space easement located on a single-family residential lot at 3937 Teton Dr (A-3-99) µ • ` • � RESOLUTION NO. 99- J`^� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO ABANDON A PORTION OF A PRIVATE OPEN SPACE EASEMENT LOCATEI) ON A SINGI,E-FAMII,�' RES�ENTIAI, I,OT AT 3937 TE�ON DRIVE (A-3-99). RECITALS: A. An open space easement for slope protection was created on Lot 67 of the Ridgeview Subdivision, Unit 6 (5-1-89), recorded in Book 20 of Maps at page 40, Shasta County Records. B. The proposed "Area of Abandonment," as described in Exhibit A and shown on the map attached hereto and made a part hereof by reference, is a portion of the open space easement referenced in paragraph A. C. The proposed Area of Abandonment was originally included in the open-space easement due to inaccurate mapping of the break line to the adjacent 20 percent slope; it does not meet the criteria for inclusion as "Open Space" or as "Greenway" in the City of Redding General Plan; its topography does not exceed 20 percent slope; and it is not within a 100-year floodplain. D. The Director of Public Works has investigated the proposed abandonment, and has advised the City Council that no public purpose described in California Government Code Section 51056(b) will be served by keeping the proposed Area of Abandonment as open space. E. The Planning Commission held a public hearing regarding the proposed abandonment, and at the conclusion of the hearing recommended that the Area of Abandonment be abandoned as open space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: l. The foregoing recitals are true and correct. 2. The City Council elects to proceed in this matter under the provisions of California Government Code Section 51090, et seq., with the provision that this resolution shall be deemed a Itesolution of Intention. 3. No public purpose described in Government Code Section 51056(b)will be served by keeping the land as open space. Therefore, the City Council intends to and hereby declares its intention to abandon that portion of the open space easement described in Exhibit A and shown on the map attached hereto, SUBJECT TO THE CONDITION that this abandonment � shall not become effective until: (a) A 15-foot building setback shall be established adjacent to the south property line. All � buildings, wood decks, wood patios, and similar accessory structures constructed of � combustible material are prohibited within the setback area. � �l � . . �` . • (b) The abandonment fee, if any, that the property owner must pay to the Shasta County Treasurer has been paid in full. 4. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday, May 18, 1999, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 1313 California Street, Redding, California. 5. The Director of Public Works is hereby instructed to post or cause to be conspicuously posted notices of vacation along the proposed Area of Abandonment The notices shall set forth the adoption of this resolution of intention, and the date, hour and place of the hearing as hereinabove set forth. Posting of the notices shall be completed not less than 30 days prior to the date of the hearing. 6. The City Clerk shall certify to the passage and adoption of this resolution of intention, and cause the same to be published once in a newspaper of general circulation in the City of Redding at least 30 days before the date set for public hearing of protests to the proposed abandonment. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 6th day of April, 1999, by the following vote: AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COiINCIL MEMBERS: None ABSENT: COiTNCIL MEMBERS: None ABSTAIN: COiJNCIL MEMBERS: None „�.�� ROBERT C. ANDERSON, Mayor Attest: Form Approved: �i w� �,.., Connie Strohmayer, City Clerk W. Leonard Wingate, City ttorney 2 . .. � • � i LEGAL DESCRIPTION FOR YORTON February 11, 1999 OPEN SPACE ABANDONMENT 102.19 A.P. NO. 204-520-29 EXHIBIT"A" All that portion of Lot 67 of Ridgeview Subdivision Unit No. 6 in Section 3, Township 31 North, Range 5 West, M.D.M., in the City of Redding, Shasta County, California, shown on the map filed for record in Book 20 ofMaps at Page 40, Shasta County Records, more particularly described as follows: Beginning at the most Westerly corner of said Lot 67; thence, along the Northerly line of the open space easement shown on said map, S.83°10'S9"E., 178.88 feet to a point on the East line of said Lot 67; thence, along said East line, 5.7°24'12"E., 30.00 feet; thence, S.65°34'37"W., 74.53 feet to a point on the Southwesterly line of said Lot 67; thence, along said Southwesterly line, N.54°14'S5"W., 140.00 feet to the POINT OF BEGINNING, containing 0.16 acres. 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