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HomeMy WebLinkAboutReso 94-307 - Rescinding Reso 94-298 & declaring its intention to vacate & abandon open space easeemnt on Lot 9 (3000 Stonecrest Pl) Country Heights Subdivision (A-7-94) r' RESOLUTION NO. 94-3o7 3 ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING RESCINDING RESOLUTION NO. 94-298 AND DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF OPEN SPACE EASEMENT ON LOT 9 (3000 STONECREST PLACE) DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF UNIT 11 OF THE COUNTRY HEIGHTS SUBDIVISION (A-7-94) . WHEREAS, an open space easement in Unit 11 of the Country Heights Subdivision was dedicated to the City of Redding by way of a map recorded in Book 20 of maps at page 64, Shasta County Records; and WHEREAS, a portion of the boundary of said open space easement on Lot 9 was shown inaccurately on the recorded maps; and WHEREAS, attached hereto and incorporated herein by reference are the legal description and appurtenant map of the area that was designated as open space, but should not have been so designated; and WHEREAS, the Director of Planning and Community Development of the City of Redding has duly investigated the proposed abandonment of the area that should not have been designated open space; and has advised the City Council that said portion should not have been included in the open space easement dedicated to the City on Lot 9; and WHEREAS, the Planning Commission of the City of Redding has held a public hearing regarding the proposed abandonment of said portion of open space, and at the conclusion of said hearing recommended that said portion of open space on Lot 9 should be abandoned; and WHEREAS, the City Council of the City of Redding elects to proceed in this matter under the provisions of California Government Code Section 51090, et seq. , 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. That all of the foregoing recitals are true and correct. 2. That Council hereby rescinds Resolution No. 94-298 which inadvertently set a public hearing for November 15, 1994. 3. That Council intends to and hereby declares its intention to vacate and abandon that portion of the open space easement on Lot 9 that should not have been dedicated to the City in Unit 11 of the Country Heights Subdivision, as more particularly described herein, SUBJECT TO the following condition: (a) That this abandonment shall not become effective until the abandonment fee, if any, that the property owner must pay to the County Treasurer has been paid in full. 4. That all persons interested in or objecting to the proposed abandonment will be heard on Tuesday, December 6, 1994, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 1313 California Street, Redding, California. 5. That the Director of Public Works be and hereby is instructed to post or cause to be conspicuously posted, on the area of open space easement proposed to be abandoned, notice of this intention to vacate and abandon said open space. The notice shall set forth the passage of this Resolution of Intention, and the time and place of hearing as hereinabove set forth. Posting of the notice shall be completed not less than 30 days prior to the date of the hearing. 6. That 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 30 days before the date set for public hearing of protests to the proposed vacation and abandonment. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 1st day of November, 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 000, OBERT C. ANDERSON, Mayor City of Redding AST: FO APPROVED: CONNIE STROHMAYER, i Clerk RANDALL A. A S, City Attorney 2 SEP 0 9 1994 BEING A PORTION OF SECTION 16 OF THE P. B. READING GRANT AND A PORTION OF LOT 9 AS SHOWN ON THAT MAP FOR COUNTRY HEIGHTS SUBDIVISION UNIT NO. 11 , AS SHOWN IN BOOK 20 OF MAPS AT PAGE 64 , SHASTA COUNTY RECORDS , DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 9 ; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 9 N81 °05 '04"W 97 . 20 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE SAID SOUTH LINE N81 '05 '04"W 50 . 00 FEET; THENCE N26'08 ' 16"W 135 . 83 FEET TO THE WESTERLY LINE OF SAID LOT 9 ; THENCE 552'40 ' 00"E 150 .00 FEET; THENCE S14'31 ' 45"W 40 . 00 FEET TO THE POINT OF BEGINNING . CONTAINING 5 , 545 SF . EDGREN/OPEN SPACE ABANDONMENT COUNTRY HEIGHTS SUBD. , UNIT 11 i OPEN SPACE ABANf MENT STONECREST FOR SIGNATURE NOR .W. EST SEP 09 1994 PLACE COUNTRY HEIGHTS SUBD. UNIT 11 CURVE DATA AREA OF ABANDONMENT - 5,545 SF 6--45.50'12' ,\ R=50.00' 1 L=40.00' 1 / \ l J, ®A LINES TO BE ADDED S ® LINE TO BE REMOVED o_ I � r cj oo :.OA0 6'� R •' cJu� OPEN SPACE'• ' ' •., c ,o° 1 o .AREA TO BE. ABANDONED ;,� 1 • • h 1 A 0,p0.'. AA 4• ti 31 4S'E 0 LOT 9 �\ PER 20 M 64 At IRA o � �o v J`Ir CS ti At A. OD POR. SEC. 16 OF THE 50 O. ti P.B. READING GRANT , , �• � �. NOTE, THIS DOES NOT REPRESENT N 1 sIr A SURVEY, IT IS TO BE USED AS �S AN OPEN SPACE ABANDONMENT EXHIBIT ONLY.