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HomeMy WebLinkAboutReso 95-070 - Declaring intention to vacate portion of alley right of way lying between properties located at 2727 Lanning Ave & 2753 Lanning Ave (A-1-95) RESOLUTION NO. 95-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE THAT PORTION OF THE ALLEY RIGHT-OF-WAY DESCRIBED IN EXHIBIT A AND SHOWN ON THE MAP ATTACHED HERETO, AND LYING BETWEEN THE PROPERTIES LOCATED AT 2727 LANNING AVENUE AND 2753 LANNING AVENUE (A-1-95) . WHEREAS, that portion of the alley right-of-way located between the properties located at 2727 Lanning Avenue and 2753 Lanning Avenue, as described in Exhibit A and shown on the map attached hereto and made a part hereof, was heretofore dedicated to the City of Redding; and WHEREAS, it is believed by and appears to the City Council that, subject to the condition hereinafter set forth, said portion of the alley right-of-way 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 City Council there is no indication that—subject to the condition set forth below—said portion of alley 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 said hearing has recommended that—subject to the condition set forth below—said portion of alley 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 HEREBY RESOLVED by the City Council as U follows: ll 1 . All of the foregoing recitals are true and correct. J 2. The City Council intends to and does hereby declare its intention to vacate the hereinafter described portion of the alley right-of- way. 3 . The City Council is proceeding 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. 4. The City Council hereby proposes to vacate that portion of the alley right-of-way as more particularly described in Exhibit A and shown on the map attached hereto, and located between the properties located at 2727 Lanning Avenue and 2753 Lanning Avenue, subject to the following condition: EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 8340 of the Streets and Highways Code, and for the benefit of the City of Redding and Pacific Bell, the permanent easement and right at any time and from time-to-time to construct, reconstruct, maintain, operate, replace, remove, repair, renew, and enlarge lines of conduits, cables, wires, poles, electrical conductors, and other convenient structures, equipment, and fixtures for the operation of electric utility and telephone communication facilities, including access to protect such facilities from all hazards in, upon, over, or adjacent to said easement. 5. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, April 18, 1995, 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 is hereby 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 alley right-of-way. The notices shall set forth the passage of this Resolution of Intention, and the date, time, and place of hearing as hereinabove set forth. At least three such notices shall be posted in the manner set forth above, and the posting of said notices shall be completed not less than 15 days prior to the date of the hearing. 2 7 . 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 15 days before the date set for 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 21st day of March, 1995, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None '16O-BERT C. ANDERSON, Mayor City of Redding ATTEST: _ r J CONNIE STROMWe , City Clerk FORM APPROVED: W. LEONARD WIN , City Attorney J F r No. 83382A • The land referred to in this Report is situated in the City of Redding, County of Shasta, State of California and is described as follows: All that portion of the "Alley" in Block 2 as shown on the official map of FIRST ADDITION TO PARK SUBDIVISION as shown on the official map thereof filed January 13, 1937 in Book 5 of Maps at Page 13, Shasta County Records, described as follows: Beginning at the Southwest corner of Lot 4 of said Block 2, thence South 88024' East 130 feet along the Southerly line of said Lot 4 to the Southeast corner thereof; thence South 1036' West 20.0 feet to a point on the Northerly line of Lot 7 in said Block 2, thence North 88024' West 130 feet along the Northerly line of Lots 5, 6 and 7 of said Block 2 to the Northwest corner of said Lot 5, thence North 10036' East 20 feet to the point of beginning. E X H I B I T A STEWART TITLE 99-C-1 GUARANTY COMPANY S 0 rZ J q o AREA O ABANDO ENT 3 D fi rn � FELL STREET J w� Ni w Xl � rn z rn > P T =q O NE z � o G -A G SCALE: 1" = 200' LOCATION tvfAF A5ANUONMEN7 A-1-c15 / KN I OHTEN ALLEY BETWEEN PARCELS AFN. 104-250-11 $ 104-250-12 MARCH, 101c15