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HomeMy WebLinkAboutReso 98-069 - Ordering Abandonment of a Portion (1/2 acre) of a dedicated open space easement located to the rear of 8 single-family Residential Lots on Blue Bell Dr & Shadow Brook Ln, Adj to Units 10 & 14 of Country Heights Subdivison (A-2-98) _ : ; -� 1111��I�����i�l����������1�l����I � '��, . � � ►� Recording Requested by ° � ���—����� � � CITY OF REDDING �ecord�d � �EC �'EE .� Please Return to �*fi�ial Re��r�s ! City Clerk �8u�� �� � City of Redding ��g���-,�� � P.O. Box 496071 R�cor�cl�� 1 Redding, CA 96049-6071 � Documenta Transfer Tax: None t '�`�' rY �Is�9�i4 P,4-t�ta�-1999 i Fdge i of g City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 A.P.N. RESOLUTION NO. 98� A RESOLiJTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE ABANDONMENT OF A PORTION (1/2 ACRE) OF A DEDICATED OPEN SPACE EASEMENT LOCATED TO THE REAR OF EIGHT SINGLE-FAMILY RESIDENTIAL LOTS ON �LUE BELL DRIVE AND SHADOW BROOK LANE, ADJACENT TO UNITS 10 AND 14 OF THE COUNTRY HEIGHTS SUBDIVISION (A-2-98). WHEREAS: l. On April 7, 1998, by Resolution 98-35, the City Council adopted a resolution of intention to abandon the hereinafter described portion of an open space easement (hereinafter referred to as "Area of Abandonment"). 2. Proceedings have been duly conducted and held in accordance with the provisions of California Government Code Section 51090, et seq. 3. This abandonment is SUBJECT TO the following occurring prior to the recording of this resolution in the office of the Shasta County Recorder:: (a) A property line adjustment for the above-described eight single-family residential parcels on Blue Bell Drive and Shadow Brook Lane 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. When the above 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 FOLI.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 � keepmg the land as open space; � G�. � ��/�r�- Ojr/%�O�(J`�'� � , 1. . � +..' .. • � (b) The abandonment is not inconsistent with the purposes of Article 4, Termination of an Open-space Easement, of California 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. 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-2-98 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. That certain open space easement dedicated to the City of Redding as set forth in paragraph 2 hereof be and the same is hereby abandoned, SUBJECT TO '�HE CONDITION that this abandonment shall not become effective nor shall this resolution be recorded until the following have occurred: (a) A property line adjustment for the above-described eight single-family residential parcels on Blue Bell Drive and Shadow Brook Lane 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. 7. When the Director of Development Services advises the Ciry 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 19thday of May , 1998, by the following vote: AYES: COUNCIL MEMBERS: Anderson, Cibula, Kight , McGeorge and Kehoe NOES: COiJNCIL MEMBERS: �ane ABSENT: COiJNCIL MEMBERS: None ABSTAIN: COiJNCIL MEMBERS: None . �� DAVID HOE, Mayo �i,tr,Pst; Fornz Approved: � ° � -�m��z�t�`/ Sl✓�s2�.. . � _ - /�� �'o�.na� �Strol�:nc�yer, � C erk W. Leonard Wingate, ( ry Attorney 2 .• � • � EXHIBIT "A" Onen S}�ace Ab ndo m n All that property situate in a portion of Sections 8 & 9 of the P.B. Reading Grant, being a portion of Parcel "B" of that certain map recorded in Book 21 of Maps at Page 2, Shasta County Records, for Country Heights Subdivision, Unit#9, more particulazly described as follows: Beginning at the most westerly corner common to Parcel"A"and Pazcel "B"of said map for Country Heights Subdivision, Unit#9; thence along the common line of Parcel "A" and Parcel "B", S89°33'39"E 222.88 feet to the southwest corner of Lot#6 as shown on that certain map for Country Heights Subdivision, Unit#10, recorded in Book 21 of Maps at Page 68; thence N00°26'21"E 28.92 feet; thence N82°30'40"W 90.69 feet; thence N88°20'43"W 66.44 feet; thence N68°52'41"W 49.24 feet; thence N11°23'42"W 52.64 feet;thence NO2°03'26"E 196.59 feet; thence N15°14'29"W 45.07 feet; thence N65°00'30"W 67.71 feet to a point on the west line of said Parcel "B"; thence S08°22'OS"E 384.81 feet to the point of beginning. Q�Q"rsJi�� F�`1�eQp N' yyyi�`� c� o EXF �n� �� w w 12-31-Ot .y- m °� a 3�' 24121 � `r'�' CiV11. �� 9T��F CA1.';;G�N. Ref: Open Space Abandonment from the City of Redding to Signature Northwest Partnership . � . , . ' Qa9fEssl� � - -- --- — � �,4,�ap bl. �,,�,r 9(� UNE IRECTION OISTANCE ,� �P EXP. � Zc L1 N00'26 21 E 28.92" � W 12-31-ni � m L2 N82'30'40"W 90.69' L3 N88'20 43 W 66.44 a L4 N68'S2 41 W 4g.24 � Z4t2` �! 34 L5 N11'23 42 W 52.64 L6 NO2'03 26 E 196.59 9�GF�q�.1� V N15'14 29 W 45.07 L8 N65'00 30 W 67.71 ss K �N BRpO 36 SI'�ADO� 8 / 4 7 3� SUBD� 6 3 N N15 ss c N�R� � � P 1 38 4.81. NOS'22'OS"`N 39 1 P.O.B. l6 �, z m co �� 705 PARCEL 'B' c.+ —690 COUNTRY HEIGHTS � � � 680 APNu 0�4-50-20 75 REDDING CITY OF I � � — — 670 REDDING,KCAE 96001 � ,= N EA OF ABANDONMENT I r I •- N –0.53 AC I b n� a�o� . I � � _ G,� I :i GZ� Lt � — — — — — r' ,` � I , � — _ �'9,0��cZ � I � ' �� �G � � 1. � � I = l J I (� - - � ��� _ J � �S� � - - - - - - - � �� - .� S�P souRCE: GIS DIVISION DEV�OPMENt S@iVICES D�AHTMgVT AREA OF ABANDONMENT � �°�� A-2-98 / SIGNATURE NORTHWEST SGLE IN i'EE7 BLUE BELL DRIVE & SHADOW BROOK LANE owc. r,o: oare: �:�098� �fARCH f0, 19s8 COUNTRY HEIGHTS SUBDVN — UNIT 9, 10 & 14