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HomeMy WebLinkAboutReso 95-026 - Repealing Reso 94-334, Declaring intention to vacate & abandon poriton of Old Alturas Rd located at 2130 to 2138 Old Alturas Rd (N Side of of Old Alturas rd & E of Edgewood Dr) (A-6-94) RESOLUTION NO. 95-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING (1) REPEALING RESOLUTION NO. 94-334; AND (2) DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF THE OLD ALTURAS ROAD RIGHT-OF-WAY SHOWN ON THE MAP AS PARCEL 1 AND DESCRIBED IN EXHIBIT B ATTACHED HERETO, AND LYING ADJACENT TO PROPERTIES LOCATED AT 2130 TO 2138 OLD ALTURAS ROAD (ON THE NORTH SIDE OF OLD ALTURAS ROAD AND EAST OF EDGEWOOD DRIVE) (A-6-94 - Parcel 1) . WHEREAS, an Easement to that certain real property, namely a portion of the Old Alturas Road right-of-way adjacent to 2130 to 2138 Old Alturas Road (on the north side of Old Alturas Road and east of Edgewood Drive) , as described in Exhibit B and shown as Parcel 1 on the map attached hereto and incorporated herein by reference, was heretofore granted to the City of Redding; 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 Old Alturas Road right-of-way adjacent to 2130 to 2138 Old Alturas Road (on the north side of Old Alturas Road and east . of Edgewood Drive) is not necessary; and WHEREAS, the City Council previously adopted Resolution of Intention numbered 94-334 on behalf of SBP Partners, applicant; and WHEREAS, the name of the applicant and the conditions have changed; and WHEREAS, the Director of Public Works of the City of . Redding has duly investigated the proposed abandonment, and has advised the Council there is no indication that—subject to the conditions set forth below—said portion of street right-of-way will be required in the future; and V WHEREAS, the Planning Commission of the City of Redding has held a public hearing regarding the proposed abandonment, and at the conclusion of said hearing has recommended that—subject to the �� conditions set forth below—said portion of street right-of-way be abandoned; and WHEREAS, the Council of the City of Redding 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 follows: 1. All of the foregoing recitals are true and correct. 2. The Council hereby repeals Resolution No. 94-334 adopted December 6 , 1994, inasmuch as there is a new applicant for the proposed abandonment and the conditions have changed. 3 . The Council intends to and does hereby declare its intention to vacate and abandon a portion of the Old Alturas Road right-of-way, as more particularly described in Exhibit B and shown as Parcel 1 on the map attached hereto, and located adjacent to properties at 2130 to 2138 Old Alturas Road (on the north side of Old Alturas Road and east of Edgewood Drive) , subject to the following conditions: (a) Retention of an easement to the City of Redding for storm-drain facilities ; and (b) Retention of a public-service easement for utility facilities. 4. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday, February 21, 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. 5. 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 abandoned, notices of this intention to vacate and abandon said portion of street right-of- way. Said notices shall set forth the passage of this Resolution of Intention, and the time and place of hearing as hereinabove set 2 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. 6. 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 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 17th day of January, 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 �J OBERT C. ANDERSON, Mayor City of Redding ATTEST: CONNIE STROHMAYER City Clerk FORM APPROVED: l DOUGLAS- . CALKINS Interim City Attorney 3 The Land referred to herein is situated in the State of California, County of Shasta,City of Rcdding,and is described as fouows: PARCEL is BEING A PORTION OF THE SOUTH ONE—HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 32 NORTH, RANGE 4 WEST, M.D.M. AND A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN MAP OF BLACKHAWK ESTATES, UNIT 2 FILED IN BOOK 19 OF MAPS AT PAGE 38,SHASTA COUNTY RECORDS. DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN MAP OF BLACKHAWK ESTATES, UNIT 2 FILED IN BOOK 19 OF MAPS AT PAGE 38,SHASTA COUNTY RECORDS LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL A;THENCE SOUTH 67 DEGREES 3T41" WEST 361.96 FEET TO A POM ON THE SOUTHERLY LINE OF PARCEL A AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE;THENCE NORTH 70 DEGREES 01143" WEST 7.04 FEET; THENCE WESTERLY ON A CURVE TO THE LEFT, FROM A TANGENT WHICH BEARS NORTH 70 DEGREES 0124" WEST, WITH A RADIUS OF 259.97 FEET, A CENTRAL ANGLE OF 43 DEGREES 09'51" AND AN ARC LENGTH OF 195.85 FEET; THENCE SOUTH 66 DEGREES 4T17" WEST 1.12 FEET THE SOUTH LINE OF SAID PARCEL A AND THE POINT OF TERMINATION. KH"r IB I B R►GNT OF WAY ABANDONMENT ` ------------------ ------------------------' NE COR. PARCEL A NIGHTHAWK LANE PER 19 M 38 I I m I A = 43'09'51' PARCEL A £ i R = 259.97' PER 19 M 38 o i L = 195.85' 7.04' 361 .. h1�1 d i 1.12' \ N70.01'43W 'S6�•3� �- S66.44'17'W \ (' �l � c2 ti '�-- .� CIABANDgt`1 D _ 16.54' ` EXT CL 3b' CRP INLET C 4 OLD ALTURAS I , RD, l LA � �2 .441 B �- I C N to! W /U ° `I o IICo / %! AS RD ABANDONED h ,�/ 36' CMP OUTLET w i a I n 1 4 1 r CURVE RADIUS LENGTH DELTA C1 1043.26' 478.25' 26'15'56' C2 1059.79' 68,34' 03'41'41' C3 1059.79' 218.35' 11'48'17' NOTE, THIS DOES NOT REPRESENT A SURVEY, IT IS TO BE USED AS A PROPERTY LINE ADJUSTMENT EXHIBIT ONLY. A - 6- 94 oc-roae)2 5, /994 nATF,