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Home My WebLink AboutReso 94-352 - Intention to vacate & abandon lying adj to property located at 1891 & 1951 Churn Creek Rd (A-8-94) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF THE CHURN CREEK ROAD RIGHT-OF-WAY DESCRIBED IN EXHIBITS B AND E AND SHOWN AS "AREAS TO BE ABANDONED" ON THE MAP ATTACHED HERETO, AND LYING ADJACENT TO PROPERTIES LOCATED AT 1891 AND 1951 CHURN CREEK ROAD (A-8-94) . WHEREAS, that certain real property, namely a portion of the Churn Creek Road right-of-way adjacent to 1891 and 1951 Churn Creek Road, as described in Exhibits B and E and shown as "Areas to be Abandoned" on the map attached hereto and incorporated herein by reference, was heretofore dedicated to the City of Redding as a result of two lot split applications (LS-66-81 and LS-36-84) ; and WHEREAS, it is believed by and appears to the City Council of the City of Redding that, subject to the condition hereinafter set forth, said portion of the Churn Creek Road right-of-way adjacent to 1891 and 1951 Churn Creek Road is not necessary; 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 condition set forth below—said portion of street right-of-way will be required in the future; and 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 condition set forth below—said portion of street right-of- way be abandoned; and WHEREAS, the City 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 that all of the foregoing recitals are true and correct; and that the Council intends to and does hereby declare its intention to vacate and abandon a portion of the Churn Creek Road right-of- way, as more particularly described in Exhibits B and E and shown as "Areas to be Abandoned" on the map attached hereto, subject to the following condition: (a) Retention of an easement to the City of Redding for storm-drain facilities. BE IT FURTHER RESOLVED that: 1. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday, January 17, 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. 2. 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 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. 3 . 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. 2 I HEREBY CERTIFY that the foregoing Resolution of Intention (A-8-94) was introduced, read, and adopted at a regular meeting of the City Council on the 20th day of December, 1994, 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 OBERT C. ANDERSON, Mayor City of Redding ATTEST: J .V CONNIE STROHMAYER, City Clerk FORM APPROVED: Fir M 1.W RANDALL A. HAYS, City Attorney 3 Profs Associated Consuiting PACE/ ENGINEERING Engineer Inwrporated PROPERTY TO BE ABANDONED September 15, 1994 BY THE CITY OF REDDING AND 334 . 06 COMBINED WITH PARCEL 2 OF 30 PM 70 OWNED BY THE REDDING BANK OF COMMERCE EXHIBIT "B" That portion of the Southeast one-quarter of Section 31, Township 32 North, Range 4 West, M.D.M. in the City of Redding, Shasta County, California, described as follows: Commencing at the Southwest corner of Parcel 2 of Parcel Map No. L.S. 22-93 recorded in Book 30 of Parcel Maps at Page 70, Shasta County Records; thence, S.88040133"W. , 1.49 feet to the TRUE POINT OF BEGINNING on the Easterly right-of-way of Churn Creek Road; thence, from said POINT OF BEGINNING continuing S.88°40133"W. , 21. 74 feet; thence, N. 2028147"W. , 104 . 52 feet; thence, N. 88040133"E. , 24 . 00 feet to the Northwest corner of said Parcel 2; thence, S. 1°19127"E. , 45. 28 feet; thence, along the arc of. a non-tangent 680. 00-foot radius curve concave to the East from a tangent that bears S. 0007148"E. through a central angle of 1012108" a distance of 14 . 27 feet; thence, S. 1019127"E. , 44.95 feet to the POINT OF BEGINNING containing 2, 390 square feet, more or less. Reseving therefrom a drainage easement over the above described parcel. A W:\WP\334.06\LEGL•DES.3 '— 8V DATg PREPARED TMPEO CHECKED 1730 SOUTH STREET REDDING, CA 96001 0 (916) 244-0202 • FAX (916) 2441978 Protes.. •a� • PACE;rAssociated Consulting ENGINEERING Engineers Incorporated PROPERTY TO BE ABANDONED September 15, 1994 BY THE CITY OF REDDING 334 . 06 AND COMBINED WITH PARCEL 3 OF 30 PM 70 OWNED BY THE REDDING BANK OF COMMERCE EXHIBIT "E" That portion of the Southeast one-quarter of Section 31, Township 32 North, Range 4 West, M.D.M. , in the City of Redding, Shasta County, California, described as follows: Commencing at the Southwest corner of Parcel 2 of Parcel Map No. L.S. 22-93 recorded in Book 30 of Parcel Maps at Page 70, Shasta County Records; thence, S. 88040133"W. , 1. 49 feet to the TRUE POINT OF BEGINNING on the Easterly right-of-way of Churn Creek Road; thence, from said POINT OF BEGINNING, continuing S. 88040133"W. , 21. 74 feet; thence, S. 2°28147"E. , 60. 51 feet; thence, 5. 21040152"E. , 59 . 00 feet; thence, N. 101912711W. , 115 . 81 feet to the POINT OF BEGINNING, containing 1, 846 square feet, more or less. Reserving therefrom a drainage easement over the above described parcel. W AWP\334.06\LEGL-D ES.4 'Yuo ery /ons 6 C J�CQF 11�p E Ct'� 1�•J�'•' ' 1730 SOUTH STREET BEDDING, CA 96001 (916) 244-0202 FAX (916) 244-1978 " a BEARING DATA . DIRECnGW N 8952126E 7 81=50. u�- N 884004 E Ch ^,; N 845239 E l O = 752456' N 696004 E (.�• 31.640 /qtr. R = 20.010' N 477952'E ^„" �' `q. L = 26.33' S 155431 S 0179 2T E E ., ::%� R5 s 5 6670'12' w C A N B Y R 0 A D � "� _ 79.38' 0 = L = 1670'15" R6,.. = 20.00' R = 181. L = ?7.89j — ✓ ol L = 5.70' = 4 4 / PARCEL 3 jASOUOV pER / R = 2. / L = J2- JO 230 P.M. 70 30 P.M 70 30 P.M. 70 o = 3119000' 0 = 2072'08' R - 69.00' �� ao LQ H O R = 680.00' L = P..33' �h C = 239.76' SEE E 181T G W �+ ............. 1 / I� O = 157234' ,.� loe 0 = 017208' A= 03 47'26- R = 680.00' R = 680.00' R = 680.00' L - 180.51' `^ L = 680.0 L = 44.99 _ R4 1 4•p142 D = 71102'09' R - 20.00' 3 Rl LOT LINE TO R4 / 187. BE DELETED 8 2 01, E R = 175.00'43^ L = 24.80' o$ LOT UNE 35 L = 84.54' .r TO BE �S 8840'33' W 33 �o � �� 1.49' 11'374�' � I NEW LOT UNE _ E 64.t8� SEE EXH/BlT F 45.28' 295.64' �/ �'' S 7927'E 7912 V f .81 52 E S 0179'27'E �,=A �D S 0179'27 4 T 104.52' 41 165.03' 60.51' 5 21'59 0� C H U R N CREEK SQLQ S 027847"E SEE EXH/BI r E A ! 9 NEW LOT UNE EXHIBIT A ;HIBIT B SEE EXHIBIT C &Dp �� LAND TO BE DEEDED FRAM RaW A�LCL�Jam-' 727 �. RmD/NG REDEVFLAPAIENT AGE7VCY AND CITY OF RIDDING DA1F TO RIDDING BANK OF CA/I./M£RCE�+ JW 334