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HomeMy WebLinkAboutReso 99-080 - Ordering the Abandonment of a portion of a private open space easement located on a single-family residential lot at 3937 Teton Dr(A-3-99) . � �ii I��l I�i�!l�{�1{I���li��i ll�II�� ��, , , _ . _ � Recording Requested by � ���—��z e�ta-6� CITY OF REDDING �;ect�r•d�d � F�r F�E .+�+�E Please Return to Of�iciai �ecord� City Clerk �';'1r3�c �� ' City of Redding ��i��������,5 ; P.O. Box 496071 �ecorder F Redding, CA 96049-6071 ; Documentar Transfer Tax: None �a, '�.U. Y i1:c4�?s`�i ci-:�iay-i3�3 1 ��ge i af � City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 Portion A.P.N. 204-520-29 RESOLUTION NO. 99-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE ABANDONMENT OF A PORTION OF A PRIVATE OPEN SPACE EASEMENT LOCATED ON A SINGLE-FAMILY RESIDENTIAL LOT AT 3937 TETON DRIVE (A-3-99). WHEREAS: A. On April 6, 1999, by Resolution 99-59, the City Council adopted a resolution of intention to abandon the hereinafter-described portion of an open space easement (hereinafter referred to as the "Area of Abandonment"). B. Proceedings have been duly conducted and held in accordance with the provisions of California Government Code Section 51090, et seq. C. This abandonment is SUBJECT TO the conditions set forth in paragraph 6 of this resolution being satisfied prior to the recording of this resolution in the office of the Shasta County Recorder. When the 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 FOL�,OWS: 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; (b) The abandonment is not inconsistent with the purposes of Article 4, Termination of an Open-space Easement, of Califarnia 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. i G f,:��- j�i���--��,�;� ,• _ • � _� i j + • • 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-3-99 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. The portion of the open space easement dedicated to the City of Redding, described as the Area of Abandonment, 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 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. (b) The abandonment fee, if any, that the property owner must pay to the Shasta 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 CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 18th day of May , 1999, by the following vote: AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COiJNCIL MEMBERS: None ABSTAIN: COLTNCIL MEMBERS: None ROBERT C. ANDERSON, Mayor Attest: Form Approved: _ ..�-�,�L-ir 1'.� ,l-z/ �� G,9� Connie Strohmayer, City erk W. Leonard Wingate, ' Attorney 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 of Maps 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, S.7°24'12"E., 30.00 feet; thence, 5.65°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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