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Home My WebLink AboutReso 96-029 - Summarily Vacating a 40-Foot Wide Portion of A Non-Access Strip located adj to Caterpillar Rd on Prop located at 1191 Prestige Wy (A-1-96) . , - � �C ,_ . � � • Recording Requested by � CITY OF REDDING � Please Return to � ��m�� City Clerk � City of Redding � P.O. Box 496071 � RECORDED IN OFFICIAL RECORDS Redding, CA 96049-6071 � OF SHA5TA COUNTY, CALIFORNIA Documentary Transfer Tax: None � C�Z 2, City of Redding EXEMPT I -MIN, PAST..L�-M Rev. & Tax. C.A. §11922 � APR 1 0 1997 NO FEE - CITY BUSINESS � (� ,• wL Gov. Code §6103 � t��'� A.P.N. � �coeou��s----�-�EE RESOLUTION NO. 96-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUNIlVIARILY VACATING A 40-FOOT WIDE PORTION OF A NON-ACCESS STRIP LOCA�'ED ADJACENT TO CATERPILLAR ROAD ON PROPERTY LOCATED AT 1191 PRESTIGE WAY (A-1-96). WHEREAS, as a condition of approval for Lot Split LS-42-91, the subject parcel (vacant land) was required to dedicate a non-access strip along Caterpillar Road to avoid a potential traffic conflict at the Highway 273/Caterpillar Road intersection; and WHEREAS, a recent use permit application to develop the property into a gas station and mini-mart ("Project") includes a proposal for a 40-foot wide driveway at Caterpillar Road and the construction of a one-foot wide concrete median at the centerline of Caterpillar Road to prevent left turns onto the property; and WHEREAS, both City and Cal-Trans staff reviewed the proposal and are in agreement that the 40-foot wide driveway access would not cause traffic conflicts provided the median is constructed; and WHEREAS, the Public Works Department has advised the City Council that there are no in- place public utility facilities that are in use or would be affected by vacating the 40-foot wide portion of the non-access strip ("Area of Abandonment") where the driveway would be located; NOW, THEREFORE, the City Council of the City of Redding hereby 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. � -�� 4 � • � 2. Only 40 feet of the non-access strip is being considered for abandonment, and there are no in- place public utility facilities within the proposed 40-foot wide non-access strip to be vacated. This will not affect the underlying utility easement within the subject area. 3. The date of dedication of the non-access strip is less than five years, and more than one year, immediately preceding the proposed vacation. The site has been vacant with no opportunity for ingress or egress since the time of dedication. The conditions for development of the property prevent traffic stacking with the State Route 273 intersection. 4. The City Council approves the request to abandon and summarily vacate the 40-foot wide portion of the non-access strip where the driveway will be located—described in Exhibit A and shown highlighted in yellow on the map attached hereto and made a part hereof—SUBJECT TO the following condition: Prior to abandonment, construction of the Project shall occur per the conditions of approval for Use Permit UP-49-95. If the Project does not go forward, the non-access strip will remain unchanged, and this resolution will be of no further force or effect. 4. When the Project has been constructed in accordance with the conditions of Use Permit UP- 49-95, to be verified by the Development Services Director, the City Clerk is hereby directed to cause a certified copy of this resolution of vacation, attested by the Clerk under seal, to be recorded in the office of the Shasta County Assessor/Recorder. 5. From and after the date this resolution is recorded, the Area of Abandonment hereby vacated no longer constitutes a non-access strip. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 6th day of Februar,y1996, by the following vote: AYES• COUNCIL MEMBERS• R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: P. Anderson ABSTAIN: COUNCIL MEMBERS: None /��% DAV . KEHOE, ayor � �: � '� ATTESTT.a' FORM AP OVED: ..� ,, r,, 1�; • v �' � �� ,� -�.� , � '~CONNIE STROHMAYER ity Clerk W. LEONARD W ATE, City Attorney Z �� . ��e,JOPAGE6�c� . FROM : PHDNE N0. : P02 ' • • � J�uary 24, 199b Henry Easement Abaadonment ��1T��A�� LEGAL DF.SCRIF�'ITON FOR A�ANDONMEN'Y'4F A PORTION O� A N4N-A�CES�SZ'R�P FASEM�NT A portion a£t�at certnin Nan-Access St�ip� a��determiu0d width� situate in th� C"ity of Redd'u1�,County o�Shasta.State of California, created artd shown on Psrcvl M�p No. LS- 42-91,being a portion oftt�e eouthwe�t one-quarter of 5ection 18 gnd the r�o�thwest one- quartar of Sectian 14,TQwnship 32 North,Range 4 Weat,M.D.M.,prep�-ed for W,4 Parmership,�nd recorded�auu�ry 17, 1992 it�$aok 29 of Parvel Mdp�a ut Page I 1, Shseta County Recorde,gaid portion to be alaandoned being more particularly deecribed� fotlawe: Cpuunencing at the southwest comer of Lot 3 as showtt ott said m9p;thence Nor� l I�57' O1"E�t a dietaacc of X9b.96 foct dpAg tbo oatatvrly Right-�oF vvt�y line o�Prestige Way�� ehdvt►n nn aeid mu�;lhenoe cnMimuqg�lang�aid Right-nf way line,along a.curve to the left.huvi�lg a radius o�'�8z.04 feet,through a central a�gle of 11�33'49",for a diataiice of 56,91 fee�theace North DQ�23' 12"Es�st a di�tauc� of 4.07 feefi#hen�e slong a ciu-vv to tr�e right,havi�g a radiue of Z0.00�eet,through a centr�l $ngle of 90°00'00",�or a distr3ncc of 31.41 feet to a point on t�e eouth Right-of-way Iinc of Catorpill�-Ro�ui as ahown o�i�aa�d mgp;thence �lang said south Itight�of-way lir►e, South$6a41' S�"East�distance o�'S7.38 feet to the Y>oint af$eginning of that oertain portion of said Non-Accea�e Strip to be sb�dos�eti;l�enos�from�aid Point ofBeginui��g� oontinuu�g alaRg said south�ti�ght-af-wtay liae of Caterpi�lar Road,South Sb°O1' S X"Eaat, a di�tanoe of40.00'to thc�oin!of Teimirnis of thak certain gortiou of said Non-Accese Strip to bF �bantlon�tl. . ... ... ... _ . =�,,:.��J�°ACE6�s ;. :: � �� OF NON—ACCESS STRIP 32.00' TO BE ABANDONED s2.00' 0 = 90'00 00 R = 20.00' 40.00' _ L = 31.4,� CATERPILLAR RDAD 4.07' S7.38' 40.00' — S 00'23'12" W 160 03' 60.37' ' S 89'36'48" E �. 118.81'� ' 41_22' 30.00' S 86'01'51�E" ---- — —� I I NON-ACCESS ; 0 = 11'33'49" � STRIP PER �r 0 = 105'42'58" R = 281.99' � I 29 PM 11 i�� R = 40.00' J L = 56.91 � � L = 73.80' � � � � � . � � 15' B.S.L. -W . ',� ;.,., �, ' S' P.S.E. , . . .y I.`. "� ��. /'�n � � . ,,, . o `° /�^y , ;,; . .: � h II vl ••�'t � � ��'• /A � r^ I� �;��' 'r+ ' A ` � LOT LINES TO � � _l ..-- -.. __._ __.. ._. -- --- -...._ _ ___. __;z BE REMOVED � o � � � � � / � �' � � r 129.51' ' 142.64' .�- _-__. __-- --------- .----_ --- - ��----- ------ ------. ._..__ _,.,--- _ � 3 I N 90'00'00" E 272.15' �' � ;_ � 30' ACCESS EASEMENT . :,,::: +o �, � N/ TO BE ABANDONED �:�� .L..::;�' � o �l � IN • . ' . O � � � �N �� , v� ��I ,��' '�� . '` � 2 NON-ACCESS EXISTING 20 PSE / ' STRIP PER � � - - - - - - - -- - - - - - - - - - - - 25 PM 71 N 90'00'00" E 264.44' 64.00' NOTE: SEE PRELIMINARY GRADING PLAN FOR: 1. LOCATION OF UTILITY SERVICES PREPARED UNDER 2. OFF-STREET PARKING AREAS & THE SUPERVISION OF: DRIVEWAYS QROFESS/�, ��,J�'E K. M�<'� �. a t�� -�, No. 29490 z NON — ACCESS a �� i� EXP. 3-31-99 �* ABAND 4NMCENT sTq . �►�� . � �� OF C� � FOR x DUANE K: :M/CLER � _ JAMES R. HENRY - � �� ENGiNEER � ? JAN 1996 O�,1�Q Q _ ANDERSON, CAUFORN/A K