HomeMy WebLinkAboutReso 98-172 - Declaring Intention to Abandon .2 acre Portion of a dedicated open space easement located Shadow Brook Ln & Misty Glen Dr, Adj to Unit 16 of the Country Heights Subdivision (A-12-98) _. �
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RESOLUTION NO. 9s- r� 2-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO ABANDON A .2 ACRE PORTION OF A
DEDICATED OPEN SPACE EASEMENT LOCATED TO THE REAR OF
THREE SINGLE-FAMILY RESIDENTIAL LOTS ON SHADOW BROOK
LANE AND MISTY GLEN DRIVE, ADJACENT TO UNI� 16 OF THE
COiJNTRY HEIGI�TS SUBDIVISION (A-12-98).
RECITALS:
A. An open space easement for trail purposes within Unit 16 of the Country Heights
Subdivision (5-41-90) was dedicated to the City of Redding by way of a map recorded in Book 21
of Maps at page 2, Shasta County Records.
B. The proposed "Area of Abandonment," described in Exhibit A and shown on the map
attached hereto and made a part hereof by reference, is located to the rear of three single-family
residential parcels on Shadow Brook Lane and Misty Glen Drive in Unit 16 of the Country Heights
Subdivision.
C. The proposed Area of Abandonment was originally included in the open-space
dedication area 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 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, TI�REFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
1. 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 Resolution 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 ��
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shall not become effective until: �
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(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. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday,
January 19, 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 15th day of December, 1998, by the following vote:
AYES: COiJNCILMEMBERS: Anderson, Cibula, Kight , McGeorge and Kehoe
NOES: COiJNCIL MEMBERS: None
ABSENT: COiTNCIL MEMBERS: None
ABSTAIN: COiJNCII,MEMBERS: Ncsne
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DAVID . KEHOE, yor
Attest: Form Approved:
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Connie Strohmayer, C Clerk W. Leonard Wing , City Attorney
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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 SS 1°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
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So"R�E: GIS DIVISION
DEYELOPMEhtT SEfMCES DEPARTMENff LOCATION MAP
ITEM:
a „o ,� � A-12-98 / EDGREN
FEET
oW�. No: oATE: COUNTRY HEIGHTS UNIT 16 — PHASE 5 ATfACHMENT:
P\A1298LMG\ NOVEMBER 10, 1998 LOTS 13, 14 & 1 6