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HomeMy WebLinkAboutReso 95-120 - Summarily vacating a 64' roadway easement lots 9 & 10 of Parcel Map 18-87 located on Mountain Lakes Blvd, South of Oasis Rd ! ' , RECORDED AT REQUEST 1 �►. �t ` CHICAGO 'T'I'TLE Recording Requested by 1 478 CITY OF REDDING Please Return to City Clerk RECORDED IN OFFICIAL RECORDS City of Redding OF SHASTA COUNTY, CALIFORNIA P.O. Box 496071MIN. PAST Redding, CA 96049-6071 Documentary Transfer Tax: None MAY 8 1995 City of Redding Fxr Rev. & Tax. C.A. 511922 NO FEE CITY BUSINESS Gov. Code S 610 3 A.P.Nos. 114-330-34 - Lot 10 114-320-03 - Lot 9 3y RESOLUTION NO. 95- 12-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A 64' ROADWAY EASEMENT, A 5' PUBLIC UTILITY EASEMENT, A 15' PUBLIC UTILITY EASEMENT, AND AN EASEMENT FOR 30' BUILDING SETBACK LINES, SHOWN ON LOTS 9 AND 10 OF PARCEL MAP NO. 18-87, AND LOCATED ON MOUNTAIN LAKES BOULEVARD, SOUTH OF OASIS ROAD: WHEREAS, a proposed 64 foot road and public utility easement is shown on Parcel Map No. LS 26-82 recorded October 15, 1982, in Book 23 of Parcel Maps at page 15, Shasta County Records; however, the Owner' s Certificate thereon does not dedicate for public use all the streets and easements as shown upon the map; and WHEREAS, with the recording of Parcel Map No. 18-87 on December 29, 1987, in Book 26 of Parcel Maps at page 102, Shasta County Records, the owner dedicated for public use all the streets and easements as shown upon the map, including, inter alia, a 64 ' roadway easement, a 5' public utility easement, a 15' public utility easement, and an easement for 30' building setback lines (collectively referred to as Easements) ; and WHEREAS, said Easements are included within the legal description marked Exhibit A and depicted on Exhibit B attached hereto and made a part hereof; and WHEREAS, KMS RESEARCH LABORATORIES, INC. , a California Corporation, owner of Lot 9 [ 4724/4746/4768 Mountain Lakes r U-3286PacL'010 Boulevard] , has requested that the City vacate said Easements in exchange for the Easement attached hereto as Exhibit C; and WHEREAS, ADRIENNE C. BURKE, MICHAEL P. BURKE, and DANIEL C. BURKE, owners of Lot 10 [ 4810 Mountain Lakes Boulevard] , have requested that the City vacate said Easements in exchange for the Easement attached hereto as Exhibit D; and WHEREAS, the Public Works Department has . advised the City Council that: A. With the recording of Exhibits C and D concurrently with this Resolution, the Easements have been superseded by relocation; and B. The Easements have not been used for the purposes for which they were dedicated or acquired for more than five consecutive years immediately preceding the proposed vacation; and C. There are no other public facilities located within the Easements; and Pacific Gas and Electric, Pacific Bell, and Viacom concur with the City vacating the Easements; 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 the same is set forth in Section 8330, et seq. , of the Streets and Highways Code of the State of California. 2. With the recording of the easements attached hereto as Exhibits C and D, prior to and concurrently with the recording of this Resolution, the Easements included within the legal description marked Exhibit A and depicted on Exhibit B are no longer necessary and are hereby vacated. 3 . This summary vacation is based upon the facts that the Easements have not been used for the purposes for which they were dedicated or acquired for more than five consecutive years immediately preceding the proposed vacation; the Easements will have been superseded by relocation with the recording of the new Easements (Exhibits C and D) concurrently with this Resolution; and there are no other public facilities located within the Easements. r 4. 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 by Chicago Title, attention Emily Reedy, File No. 121632-B, concurrently with and following the recording of the Easements marked Exhibits C and D. 5. From and after the date this Resolution is recorded, the Easements hereby vacated no longer constitute a 64' roadway easement, a 5 ' public utility easement, a 15' public utility easement, and an easement for 30' building setback lines. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 2nd day of May , 1995, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN.: COUNCIL MEMBERS: Murray DAVID A. OE, May r 6Eeyee\.P11.1 ,'s.r o A ON ] ;S 'Rw ity Clerk �7}OaVOGf1 OfD�'`1P O9� , �+ir�foete144tt5�°'eL FORM APPROVED: L� W. LEONARD WING , City Attorney 3 r.'i i -'3286PAGE01 O ABANDONMENT BEGINNING AT THE MOST NORTHERLY CORNER COMMON TO LOT 9 AND LOT 10 AS SHOWN ON PARCEL MAP NO. 18-87 FILED IN DECEMBER 29, 1987 IN BOOK 26 OF PARCEL MAPS, AT PAGE 102, RECORDERS OF SHASTA COUNTY, STATE OF CALIFORNIA; THENCE, N 77038130" E, A DISTANCE OF 41 . 26 FEET; THENCE, S030 59132" W, A DISTANCE OF355. 09 FEET; THENCE, S 37° 19135"W, A DISTANCE OF 30. 00 FEET; THENCE, FROM A TANGENT THAT BEARS N 58040125" W, ALONG A 532. 00 FOOT RADIUS CURVE TO THE WEST, HAVING A CENTRAL ANGLE OF 18029113" AND AN ARC DISTANCE OF 171 . 65 FEET; THENCE, N 30© 59132" E, A DISTANCE OF 30. 65 FEET; THENCE, FROM A TANGENT WHICH BEARS S 70030110" E� ALONG A 562. 00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 050 09142" AND AN ARC DISTANCE OF 50. 63 FEET; THENCE, N 30° 59132" E, A DISTANCE OF 332. 00 FEET; THENCE, S 55°49123" E A DISTANCE OF 94. 15 FEET TO THE POINT OF BEGINNING. �•i►��c yLAND L sv9 0. 1 `rl P. EOF EXHIBIT r ,� 3 � PA��®1.9 rev of a� N��•3a'3 h��h 41 26 LOT 9 ' �cb� 26—PM-1 02 :,:•:���'�' = � LOT 10 J, qS '�. o3 :: .::.::.. 26--PM-102 'epi.:•::::::•. �::::::.'r(� q s •27.42 a % 1 ,:. 40 Ahfo /,4 tj / /� tg c O No \ \� AREA OF ABANDONMENT 46,104 sq. f-r. Oj L=18'29'13" R=532.00' ✓ EXHIBIT B L=171.65' BEING ALL THAT PORTION OF LOTS 9 & 10 AS SHOWN ON PM NO. 18-87 O 0=05'09'42" A PORTION OF SECTION 13, T.32 N., R=562.00' R.5 W., M.D.M. IN THE CITY OF L=50.63' REDDING SHASTA COUNTY CALIFORNIA. BY EDS ENGINEERING & LAND SURVEMIG 2730 VENTURA .1286PAG-020 ANDERSON CA t96007 d AN EASEMENT FOR ROAD AND PUBLIC SERVICE PURPOSES 64 FEEL" IN WIDTH TOGETHER WITH A 5 FOOT ELECTRICAL EASEMENT LYING OUTSIDE OF AND ADJOINING SAID FUTURE ROAD OVER AND ACROSS ALL THAT PORTION OF THE LANDS OF KMS DESCRIBED IN PLA 4-95 AND BEING A PORTION OF THE PROPERTY SHOWN ON PARCEL MAP NO. L. S. 18-87, FILED DECEMBER 12, 1987 IN BOOK 26 OF PARCEL MAPS AT PAGE 102, A REDIVISION OF PARCEL 1 OF PARCEL MAP NO. L. S. 26-82, IN THE RECORDERS OFFICE, SHASTA COUNTY, CALIFORNIA, ALL IN SECTION 13, TOWNSHIP 32 NORTH, RANGE 5 WEST, M. D. M. , IN THE CITY OF REDDING, SHASTA COUNTY, CALIFORNIA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF MOUNTAIN LAKES BOULEVARD, MARKED BY A STANDARD CITY OF REDDING MONUMENT, LYING AT THE NORTHWESTERLY END OF A TANGENT HAVING A BEARING OF S37018' 36"E AND A DISTANCE OF 1212. 73 FEET AS SHOWN ON PARCEL MAP NO. L. S. 18-87, RECORDED IN BOOK 26 OF PARCEL MAPS AT PAGE 102, IN THE RECORDERS OFFICE, SHASTA COUNTY, CALIFORNIA; THENCE, ALONG SAID CENTERLINE NORTHWESTERLY THROUGH A CURVE TO THE LEFT, HAVING A RADIUS OF 500. 00 FEET AND A CENTRAL ANGLE OF 27026" 12" , A DISTANCE OF 239. 43 FEET TO THE TRUE POINT OF BEGINNING; THENCE, ON. A BEARING OF N30059' 32"E, A DISTANCE OF 392. 41 FEET TO THE POINT OF TERMINATION ON THE NORTHEASTERLY BOUNDARY OF LOT 9 ON SAID PARCEL MAP NO. LS 18-87. SAID EASEMENT SHALL INCLUDE 30 FOOT CORNER ROUNDINGS, TANGENT TO BOTH RIGHT OF WAYS, AT THE INTERSECTION OF THE EXTERIOR LIMITS OF THE 64 FOOT WIDTH WITH THE NORTHEASTERLY RIGHT OF WAY OF MOUNTAIN LAKES BOULEVARD. SEE EXHIBIT "B" ATTACHED. ' 81 l OF CAL% AN ELECTRICAL EASEMENT LYING OUTSIDE OF AND ADJOINING THE FUTURE ROAD OVER AND ACROSS A STRIP OF LAND 5 FEET IN WIDTH, BEING A PORTION OF THE LANDS OF BURKE DESCRIBED IN PLA 4-95 AND BEING A PORTION OF THE PROPERTY SHOWN ON PARCEL MAP NO. L. S. 18-87, FILED DECEMBER 12, 1987 IN BOOK 26 OF PARCEL MAPS AT PAGE 102, A REDIVISION OF PARCEL 1 OF PARCEL MAP NO. L. S. 26-82, IN THE RECORDERS OFFICE, SHASTA COUNTY, CALIFORNIA, ALL IN SECTION 13, TOWNSHIP 32 NORTH, RANGE 5 WEST, M. D. M. , IN THE CITY OF REDDING, SHASTA COUNTY, CALIFORNIA. SAID ELECTRICAL EASEMENT SHALL EXTEND FROM THE NORTHERLY BOUNDRY LINE OF SAID BURKE PARCEL THROUGH THE 30 FOOT CORNER ROUNDING AND TERMINATE AT THE POINT OF TANGENCY OF SAID CORNER ROUNDING WITH THE NORTHEASTERLY RIGHT OF WAY OF MOUNTAIN LAKES BOULEVARD. SEE EXHIBIT "B" ATTACHED. LAND S 5 L G . �p.1zr3� lF OF C Al.U�P EXHIBIT ] 47 8 „L„ 1286PAGE®22