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Home My WebLink AboutReso 94-276 - Declaring intention to vacate & abandon portion of Oasis Rd, declared Surplus, lying adjacent to property located at 4455 Oasis Rd (A-6-93) 0 • RESOLUTION NO. 94-.49-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF THE OASIS ROAD RIGHT-OF-WAY, DECLARED SURPLUS, SHOWN ON THE MAP AND DESCRIBED IN EXHIBIT A ATTACHED HERETO, AND LYING ADJACENT TO PROPERTY LOCATED AT 4455 OASIS ROAD (A-6-93) . WHEREAS, that portion of Oasis Road as described in Exhibit A and shown on the map attached hereto and incorporated herein by reference, and lying adjacent to property located at 4455 Oasis Road, was heretofore acquired by the City of Redding by foreclosure of a sewer bond debt; and WHEREAS, it is believed by and appears to the City Council of the City of Redding that, subject to the conditions set forth in Exhibit B attached hereto and made a part hereof, said portion of street right-of-way, declared surplus, 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 conditions in Exhibit B—said portion of surplus 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 conditions in Exhibit B—said portion of surplus 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 that all of the �\ a foregoing recitals are true and correct; and that the Council intends to and does hereby—subject to the conditions in Exhibit B—declare its intention to vacate and \ abandon a portion of the Oasis Road right-of-way, declared surplus, as more X i particularly described in Exhibit A and shown on the map attached hereto, and located adjacent to property at 4455 Oasis Road. \ C: BE IT FURTHER RESOLVED that: 1. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday, October 18, 1994, 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 surplus 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. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 20th day of Septembp , 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 ROBERT C. ANDERSON, Mayor City of Redding A!7: FORM APPROVED: CONNIE STROHMAYER, ty Clerk RANDALL A. HAYS, City Attorney 2 ------------ � 4r�Pu 'NOICATES NORTH J2G�y l E L �1 1 I F�0 FO ED AGANDONMEN 1 1 � 1 1 j o `1 �` !OGA710N MAPF 1 1�E�� I NC SOUS f NC ASU7HOR1 TY t PARCEL A BEING A PORTION OF SECTION 13 , T. 32N . , R. 5W . , M . D. M . DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH ONE- QUARTER CORNER OF SECTION 13 AS SHOWN ON PARCEL 3 ON THAT MAP FOR W . JAXON BAKER, RECORDED IN BOOK 21 OF PARCEL MAPS , AT PAGE 24 , SHASTA COUNTY RECORDS ; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3 , N89 '46 ' 20"W 0 . 58 FEET; THENCE S70' 15 ' 29"W 17 . 92 FEET; THENCE S73'03 ' 51 "W 259 . 56 FEET TO THE POINT OF BEGINNING; THENCE S73'03 ' 51 "W 56 . 98 FEET; THENCE S75 ' 42 ' 56"W 847 . 88 FEET; THENCE S47 ' 35 ' 10"W 54 . 36 FEET; THENCE S71 ° 11 ' 41 "W 192 . 02 FEET; THENCE S64' 38 ' 47"W 288 . 30 FEET; THENCE S56° 54 ' 19"W 124 . 04 FEET; THENCE LEAVING SAID NORTH LINE, N14' 11 ' 00"W 24 . 14 FEET; THENCE ON A CURVE TO THE RIGHT WHICH TANGENT BEARS N55'30 ' 36"E , WITH A RADIUS OF 1 , 852 . 00 FEET, A CENTRAL ANGLE OF 20' 12 ' 20" AND AN ARC LENGTH OF 653 . 11 FEET; THENCE N75'42 ' 56"E 847 . 88 FEET; THENCE ON A CURVE TO THE LEFT, WHICH TANGENT BEARS N75 ' 42 ' 56" E , WITH A RADIUS OF 2 , 548 . 00 FEET, A CENTRAL ANGLE OF 01 ' 16 ' 48" AND AN ARC LENGTH OF 56 . 92 FEET TO THE POINT OF BEGINNING. CONTAINING 18 , 997SF. PARCEL B BEING A PORTION OF SECTION 13 , T. 32N . , R5W . , M . D. M . DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13 AS SHOWN ON PARCEL 3 ON THAT MAP FOR W. JAXON BAKER , RECORDED IN BOOK 21 OF PARCEL MAPS , AT PAGE 24 , SHASTA COUNTY RECORDS; THENCE N89'46 ' 20"W 0 . 58 FEET TO THE POINT OF BEGINNING ; THENCE N89'46 ' 20"W 20 . 40 FEET; THENCE ON A CURVE TO THE RIGHT, WHICH TANGENT BEARS S68-37"48"W , WITH A RADIUS OF 2 , 548 . 00 FEET , A CENTRAL ANGLE OF 03°03 ' 46" AND AN ARC LENGTH OF 136 . 21 FEET; THENCE N73'03 ' 51 "E 137 . 60 FEET; THENCE N70' 15 ' 29"E 17 . 92 FEET TO THE POINT OF BEGINNING . CONTAINING 454SF. EX"I"IT General Reauirements 1 . A slope easement shall be retained by the City for the purpose of accommodating necessary fill to construct Oasis Road to its ultimate improved section. 2. A 15-foot-wide, public-utility easement shall be granted to the Pacific Gas and Electric Company for the existing 1 2k pole line, potentially located within the area of abandonment. For this purpose, the resolution of abandonment shall incorporate the following language: "Excepting and reserving therefrom pursuant to the provisions of Section 8340 of the Street and Highways Code and for the benefit of Pacific Gas and Electric Company, 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 and communication facilities including access, and also the rights to: trim and cut trees and brush that may be a hazard to the facilities; keep property free from inflammable materials; and prevent any building or structure near the facilities." 3. The applicant/property owner shall assume all responsibility for costs associated with the relocation or reconstruction of the existing utility services necessary to accommodate development of the area of abandonment. This shall include any necessary raising of existing pole structures to maintain adequate clearance between power lines and grade resulting from the placement of fill. 4. The applicant/property owner shall construct or enter into a recorded deferred-improvement agreement with the City for vertical curb, gutter, 5-foot-wide sidewalk, street construction, and tie-in paving and overlay along the Oasis Road frontage of the abandonment area.