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HomeMy WebLinkAboutReso 96-124 - Declaring its intention to Vacate that portion of the Del Monte St Right-of-Way Lying Adjacent to Property Located at 2185 Churn Creek Rd (A-2-96)' ' � ;` • • RESOLUTION NO. 96-�c� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE THAT PORTION OF THE DEL MONTE STREET RIGHT-OF- WAY LYING ADJACENT TO PROPERTY LOCATED AT 2185 CHURN CREEK ROAD (A-2-9�. WHEREAS, certain real property, namely a portion of the Del Monte Street right-of-way adjacent to 2185 Churn Creek Road, as described in Exhibit A and shown as the "Area of Abandonment" in Exhibit B attached hereto and made a part hereof, was acquired by succession from the County of Shasta; and WHEREAS, it is believed by and appears to the City Council of the City of Redding that, subject to the conditions hereinafter set forth, said portion of the Del Monte Street right-of-way adjacent to 2185 Churn Creek Road is not necessary; and WHEREAS, the Director of Public Works of the City of Redding has duly investigated the proposed vacation, and has advised the Council there is no indication that, subject to the conditions hereinafter set forth, said portion of street right-of-way will be required in the future; and WHEREAS, the Planning Commission of the City of Redding held a public hearing regarding the proposed vacation, and at the conclusion of the hearing recommended that, subject to the conditions hereinafter set forth, said portion of street right-of-way be vacated; and WHEREAS, the City Council elects to proceed in this matter under the provisions of the Public Streets, Highways and Service Easements Vacation Law as the same is set forth in Section 8300, et seq., of the Streets and Highways Code of the State of California, with the provision that this Resolution shall be deemed a Resolution of Intention; NOW, THEREFORE, IT IS RESOLVED by the City Council as follows: 1. All of the foregoing recitals are true and correct. 2. Council intends to and does hereby declare its intention to vacate the hereinafter � described portion of the Del Monte Street right-of-way. 3. Council is proceeding under the provisions of the Public Streets, Highways and Service � Easements Vacation Law as the same is set forth in Section 8320, et seq., of the Streets �' and Highways Code of the State of California. � 4. Council hereby proposes to vacate that portion of the Del Monte right-of-way as more \. particularly described in Exhibit A and shown as the "Area of Abandonment" in Exhibit v � B attached hereto, and located adjacent to property at 2185 Churn Creek Road, � SUBJECT TO: R , • • (a) the terms and conditions of the "Owners Participation Agreement" between the City of Redding, the Redding Redevelopment Agency, and the five adjacent property owners, approved by the City Council on May 21, 1996; and (b) the retention of a public service easement over the entire area of abandonment. 5. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, July 16, 1996, at the hour of 7 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers located at 1313 California Street, Redding, California. 6. The Director of Public Works of the City of Redding be and hereby is instructed to post or cause to be conspicuously posted, at points not more than 300 feet apart in distance and along the line of property now proposed to be vacated, notices of this intention to vacate said portion of street right-of-way. The notices shall set forth the passage of this Resolution of Intention, and the date, time and place of the hearing as hereinabove set forth. At least three such notices shall be posted in the manner set forth above, and the posting of the notices shall be completed not less than 15 days prior to the date of the hearing. 7. The City Clerk shall certify to the passage and adoption of this Resolution of Intention, and shall cause the same to be published once in a newspaper of general circulation in the City of Redding at least 15 days before the date set for the public hearing of protests to the aforesaid proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the �8th day of June , 1996, by the following vote: AYEs: COUNCIL MEMBERS: P• Anderson, R. Anderson, Kehoe, Murray and McGeorge NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None • d DAVID L. c EORGE, ayor Atte.st. Form Approved: � � ��: �� � Co�znie Strohmayer, City lerk W. Leonard Winga e, ity Attorney _ ... ... ..... ........... .. ... ... ..... _. _ ... 2 :;._. ... , _ ; • • EXHIBIT "A" LEGAL DESCRIPTION The!and referred to in this report is situated in the State of California, County of SHASTA and is described as follows: ALL THAT PORTION Or '?':� NORTH ONE-i3ALr^ OF DEL MONTE STREET 50 FEET IN WIDTH L•J'riICH WOULD PASS BY �, CONVEYF.NCE OF F;'-..RCcL A AS SHOWN ON PARCEL MAP NO. 20-79 FOR CHLTCK C?�•AIN AND �IM BAUMAN, r ZLcD �-7NE 15, 1979 IN T:iE OFFICE OF THE SHASTA COUNTY RECC�J' S IN BOOK 18 OF FA�CEL MAPS AT PAGE 90, PURSUANT TO SECTION 11I2 OF TL:E CIVZL CODE. . _, �• � • , I�� I � � lui I II � � � �� ExisnNc �II ; ' II I �Riv�w�r �II ` � � i II I II � II I II j I I il I II � I I II I .� EXISTING RETAIL II � � I I II I I II ii � i '� ; i � II IPROPOSED � A R E A 0 F � � � II I DRIVEWAY �� I I � I '. mw�c pfniC r.na.c!.a „ � � � ; ; '� �� I I � I Y ABANDONMENT �; , ' ; � � ; i � , � � ui �„ I � ' ► ! ��� � Ili � i„ � ilii � iii � ' � ; : iii II II I � i ,�� , �i j ' ' ; ; ��� , i° ' � ` � i � , I I DEL MONTE ST. r� , � � i - . - ��,. ,,;�4 ; . ��.x���==-��` ----------=— u ' ; ' ' ��: ' � '.��--%�' ----------------- ��� i I .) 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I � s. _' _ Qe ��� : . � ' �. ��� ', ' j I .' � �/ -_'¢„�— — � w�, �_ _�_�_�_�—__ ��' ___� __�__��_�_�� __�_____ __��__�_�_�_ ��� I i /��� � INDUSTRIAL ST. ��� I(I iu ; ; f : : ui ��� � , : ��� � ��� ; II ��� iu iii , iu , � � ; � ii i 10 iii � i� : ' ui ' iii � ; ui � U3395XE LOCATION MAP EXHIBIT ABANDONMENT A --2-96 � � MAY 28, 199 6