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Home My WebLink AboutReso 99-113 - Summarily Vacating an Eastment for Road and Public Service Purposes Granted to the City of Redding by Eastment Recorded 07-05-91 in Book 2738 At Page 311, Shasta County Records � �� - � li�l��lf��ii9;�1�1��;�i��i�l1�i�� N�� : � � , ��'��-� �,-r s��v�� , ��c��,�� 'a�° � ��—��-a� K°CO'�°.�°� � :?`LL �-; ,��3 Recording Requested by ��rfiri:�l �e�c;r�= ; CITY OF REDDING C��n:.Y �T ; Please Return to , ��;N��fu ; City Clerk ��I:� �`��f��JS i �1�_+�i`�s?i' ! City of Redding ' � P.O. Box 496071 li��i:�6:lA�{ c1-SE�,-i5;'= I P�:r e i �� Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 A.P.N. 050-430-03 -rr'"l�- �5� � RESOLUTION NO. 99-�,� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMIVIARILY VACATING AN EASEMEN� FOR ROAD ANI) PUBLIC SERVICE PURPOSES (SPECIFICALLY, 20' WIDE FOR STORM DRAINAGE) GRANTED TO THE CITY OF REDDING BY EASEMENT RECORDED JULY 5, 1991, IN BOOK 2738 A'T PAGE 311, SgIASTA COUNTY �C�RDS. WHEREAS: A. An Easement for road and public service purposes was granted to the City of Redding . by Easement from George and Catherine Solus recorded on July 5, 1991, in Book 2738 of Official Records of Shasta County at page 311 (Solus Easement). B. The Solus Easement specifically grants a 20-foot wide easement for storm drainage purposes, commonly known as the Bonnyview Drainage Ditch, as more particularly described in Exhibit A and shown on Exhibit B attached and made a part hereof by reference. C. It has been ascertained that the location of the 2Q-foot wide easement for storm drainage purposes is not accurately described in the Solus Easement. D. The current property owner, Jeffrey R. Teall, has agreed to grant the City of Redding a new easement for the correct location of the Bonnyview Drainage Ditch (Teall Easement), in conjunction with the incorrect Solus Easement being summarily vacated. E. The Public Works Department has advised the City Council that there are no roads or in-place public utility facilities that are in use or would be affected by vacating the Solus Easement. NOW, THEREFORE, THE CITY COUNCIL RESOLVES AND ORDERS AS FOLLOWS: `� 1. 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 8330, et seq., of the � Streets and Highways Code of the State of California. � � /��i'=��> _::.:� --G>�� . , , , , • � 2. With the recording of the new Teall Easement, a copy of which is attached as Exhibit C, the Solus Easement is no longer needed for storm drainage purposes, and there are no roads or public facilities located therein. The City Council therefore approves the request to summarily vacate the Solus Easement, as more particularly described in Exhibit A and shown on Exhibit B attached hereto. 3. The City Clerk and Associate Planner Thompson are directed to cause the Teall Easement and a certified copy of this resolution of vacation, attested by the Clerk under seal, to be deposited in escrow and concurrently recorded in the office of the Shasta County Assessor/Recorder. 4. From and after the date this resolution is recorded, the Solus Easement hereby vacated shall no longer constitute an easement for road and public service purposes. I HEI�EBY CERTIFY that the foregoing resolution was introduced, read and adopted at a special meeting of the City Council on the 3rd day of August, 1999, by the following vote: AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COiJNCIL MEMBERS: None ABSENT: COiJNCIL MEMBERS: None ABSTAIN: COLTNCIL NIEMBERS: None C� �1n� ROBERT C. ANDERSON, Mayor Attest: Co�znie Strohmayer, City erk Form Approved: . :/'`�/,��, • 7`��1 s ,d-✓�` .,�-� W Leonard Wingate, Ci Attorney 2 � �� ` � � � . , . � LEGAL QE�CP.FPTION .1 2Q.OQ foot :ti�ide ease�.�ent for storm drainage purposes lying in Parcel 1 and Parce� 2 as described in 900�: 2039, Page 114, Shasta County Records. Beginnir.g at the northwest .cerner of aarcel 2. Thence N 48°10' S9" E, 68.44 to the point of b�ginning of the centerline of said easement; thence S 00°04' 16" W,. 254.83 feet; to west property .:ne, the sides of easement to be extended or shortened to +.:zcersect the property boundary. Containing 3,097 square feet'more o� less. • ERHIHIT "A" ��x2738��313 � ' 't : . � � , , N 19. I o2.s8' I w sc 96 9) q�� '. N 19 00 �`y� 46_ � � 9> r� -0�„ n � N � n n . W � fL �O Q� �p ' . � AP N�, 50- � 3-03 N . � � v 3 � Z 3 • � � PARCEL 2 0� PARCcL 1 0 u� 0 ; 20.00' °P° � \ • y � \ y f � \ �0� � oy� 3,�97 SQ. FT. � � 16'�� ` � � S 9� I N � ��- � l9 p2 S8- � \ \ \ I � I 96•9>. � I ; SQ' � �� S I9�°�s8 . I � �� t � DRAINAGE DITCH EASEMErlT 96 98- � FOR GEDRGE & CATHERINE S�JLUS T❑ �APRIL i991. THE CITY �F R�DDING I � J� � EXHIBIT B 2 7 8 6 G BGCKrG (��PAGE�)�� '; , . . � RECORDING REQUESTED BY: �� City of Redding WHEN RECORDED RETURN TO: /'� D City Clerk v City of Redding 760 Parkview Avenue Redding, CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE EASEMENT DEED THE UNDERSIGNED GRANTOR DECLARES: Documentary Transfer Tax -NONE City of Redding EXEMPT -Rev. &Ta�. C.A. § 11922 NO FEE -CITY BUSINESS - Gov. Code § 6103 Assessor's Parcel No. 050-430-03 FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, JEFFREY R. TEALL, Grantor, HEREBY GRANTS to the CITY OF REDDING, a Municipal Corporation, Grantee, a permanent easement in and to the real property situate, lying and being in the County of Shasta, State of California, described in Exhibit A and shown on Exhibit B attached and made a part hereof by reference. THE PURPOSE OF THE EASEMENT shall be to construct, repair, remove, replace, reconstruct, maintain and use for the conveyance of storm water any and all ditches, materials, fixtures, pipes, pipelines and appurtenant structures over, along, upon, under and across said property. GRANTOR FURTHER GRANTS TO GRANTEE the right to: 1. Review and control the planting, trimming, maintenance and/or removal of any trees or other plants within said easement; and 2. Enter upon said easement for the purpose of construction, replacement, maintenance and repair of pipelines and appurtenances. Grantee shall have the further right to pass through the contiguous real property of Grantor for access to the easement. Grantee shall reimburse Grantor for any damage to Grantor's real property caused by Grantee's use of Grantor's contiguous real property for access to the easement. DATED: July _, 1999. ( 1 � �„l..J JEFFREY R. TEALL EXH 1 B IT C , ' \ ' � � AN EASEMENT FOR CANAL PURPOSES OVER A PORTION OF THAT CERTAIN PARCEL RECORDED IN BOOK 2738 OF OFFICIAL RECORDS OF SHASTA COUNTY AT PAGE 315 AND DESCRIBED AS FOLLOWS: COMIVIENCING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF N 48°10'S9" E, 38.23 FEET TO THE POINT OF BEGINNING. THENCE RiJNNING THE FOLLOWING BEARINGS AND DISTANCES: THENCE LEAVING SAID BOUNDARY S 08°28'25" W, 72.13 FEET ON AND ALONG A FENCE; THENCE S 00°11'20" W, 5.82 FEET TO THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL; THENCE ON AND ALONG SAID BOUNDARY S 19°02'S8" E, 88.21 FEET TO A FENCE; THENCE N 00°45'47" E, 89.77 FEET ALONG SAID FENCE; THENCE N OS°48'S2" E, 97.41 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE S 48°10'S9" E, 39.19 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. -,� -- __ ,, •,�.;�. _., �� _ --- ; - - -'� ,:;: , �.� 1 � � j _. ; - � � � �. � �. - ,. �. �� ; � ,\ � �;; /! '/; ��.� �'�:,. /' / �� ,,..��"� �i� r r:; , ��°- �� . a�� , EXH 1 B tT A ; �_. . i ��8. � 44 � SEE � DETAIL SCALE: 1"=50' / BELOW � �� . /, �� , ' �� 4 5 � ��. �`P �, � i/ QG� �p��P`�� '1��' F, Q � �; �F. / �'•� J�o�` x � 0,� � � ,� ,�, � , � � , / 4 6 ,, �- '��`' �%� � � , \ � .�.�� ;� �� , � 2405 OR 212 % � /� � 50' STRIP C.O.R. `i' � � �� 1 \ � '�� , , �� `� ��G' � � � 15' WATER �1 � EASEMENT � �``, 793 0R 318 �� ` � 1� ,�� Dc� ,5� \ / � � �� . � _ \ � � � \ � NI� �� - ^ � � � � ��^ +� , ��, ,�� =. � �� z � _; , , � � ..� ,. �a � � ;-�� ; �,� ��- � � - � � , S00'11 '20"W j � � � ' / 5.82' � � �� -� ;n � � ,'� / � I � �. cfl; � I \ �, � z � , � ,, �, I ' SUBJECT `, � Q ' PROPERIY `� O i' � �°�� '' � P � � , � FILE: ISLDR � � � EXH 1 B IT B DATE: 7/97 � � / ,� / ,.. � � STORM WATER EASEMENT FROM JEFFREY R. TEALL TO THE CITY OF REDDING. APN 050-430-03. STATE OF CALIFORNIA ) ) ss COUNTY OF SHASTA ) On July , 1999, before me, , a Notary Public in and for said County and State, personally appeared JEFEREY R. TEALL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which he acted executed the instrument. WITNESS my hand and official seal. Notary Public My commission e�cpires: (This area for official notarial seal.)