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HomeMy WebLinkAboutReso 94-298 - Declaring intention to vacate & Abandon a portion of open space easement on Lot 9 (3000 Stonecrest Pl) dedicated to COR with the recording of unit 11 of the Country Heights Subdivision (A-7-94) RECORDING REQUESTED BY 10056 CITY OF REDDING RECORDED IN OFFICIAL RECORDS OF SHASTA COUNTY, CALIFORNIA MIN. PAST_L.LN' WHEN RECORDED RETURN TO MAR 2 01995 CITY OF REDDING CITY CLERKS OFFICE REct)Rt�, lfE f 760 PARKVIEW AVENUE me per AV REDDING CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Resolution No . 94-298 . DOCUMENT TITLE(S) "Separate Page" pursuant to Government Code §27361.6 RESOLUTION NO. 9 4- Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING 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 of the City of Redding that all of the foregoing recitals are true and correct; and 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, RESCINDED BY PESO 94-307 iJ 3269PAGE265 :�I( _ s 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. BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Tuesday, November 15 , 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. BE IT FURTHER RESOLVED that the Director of Public Works of the City of Redding 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. BE IT FURTHER RESOLVED 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 18th day of O- nhar 1994, by the following vote: AYES: COUNCIL MEMBERS: Po Anderson, Kehoe, McGeorge, Murray, and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 01 ROBERT C. ANDERSON, Mayor City of Redding A AST M , FORM PROV i CONNIE' STROHMAYER; ty Clerk RANDALL HAYS, City Attorney 2 SEP 0 91994 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 S52 °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 It '-u,',3269PAGE2o7 tw OPEN SPACE ABANC 1 STONECREST FOR SIGNATURE NOR . .] T SEP 0 9 1994 PLACE COUNTRY HEIGHTS SUBD. UNIT 11 CURVE DATA AREA OF ABANDONMENT - 5,545 SF 6=45.50'12' R=50.00' L=40.00' � r � l �A LINES TO BE ADDED s foo 0 LINE TO BE REMOVED ' 3 v in .j Z 526!• • ' ' 'tih°��. �. o �_ A r - OPEN• SPACE'•,' ;po r a '.AREA TO BE. ; ABANDONED civ i N14 . . ti 31 45E 0 N A LOT 9 \ PER 20 M 64 \ ilk A& ak AL W CZ ►� �o ti � co POR. SEC. 16 OF THE 6o�S�o•� P.B. READING GRANT N r \ NOTE, THIS DOES NOT REPRESENT ��• A SURVEY, IT IS TO BE USED AS n AN OPEN SPACE ABANDONMENT �g9"''p6• EXHIBIT ONLY.. �' 10056 41 cr •3��9PaGE2��