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HomeMy WebLinkAboutReso 93-003 - Declaring intention to vacate & abandon a portion of open space easement on Lot 35 (2614 Dawnridge Dr) dedicated to the COR with the recording of Unit 5 of Country Heights Subdivision (A-12-92) I }� s • RESOLUTION NO. 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 35 ( 2614 DAWNRIDGE DRIVE) DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF UNIT 5 OF THE COUNTRY HEIGHTS SUBDIVISION (A-12-92) . WHEREAS, an open space easement in Unit 5 of the Country Heights Subdivision was dedicated to the City of Redding by way of a map recorded in Book 19 of maps at page 93, Shasta County Records; and WHEREAS, a portion of the boundary of said open space easement on Lot 35 was shown incorrectly on the recorded maps; and WHEREAS, attached hereto and incorporated herein by reference as Exhibits A and B 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 35; 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 35 should be abandoned; and W 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 35 that should not have been dedicated to the City in Unit 5 of the Country Heights Subdivision, as more particularly described in Exhibits A and B attached hereto. BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Tuesday, February 16, 1993, 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 2 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 and read at a regular meeting of the City Council of the City of Redding on the 5th day of January, 1993, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CHARLIE MOSS, Mayor City of Redding i I A717EST: CONNIE STROHMAYER, ity Clerk FORM PPROVED: 11 e4 RAN&LL A. HAYS, ty Attorney 3 A-12-92 EXHIBIT "A" LEGAL DESCRIPTION - OPEN SPACE ABANDONMENT i Lot 35 Country Heights Subdivision A parcel of land situate in Section 15 of the P. B. Reading Grant in the City of Redding, Shasta County, California, being that portion of the "Open Space Easement" within Lot 35 of the country Heights Subdivision, Unit 5, as shown on that certain map recorded in Book 19 of Maps, Page 93, and corrected by Certificate of Correction, recorded in Book 2786 Official Records, Page 344, Shasta County Records, lying Southwesterly of the following described line: Commencing at the Southernmost corner of said Lot 35; thence along the Southerly line thereof, S87°47'01"E, 180.00 feet; thence N58051'18"E, 50.00 feet, to the Point of Beginning; thence, leaving said Southerly line of Lot 35, N70000'00"W, 65.00 feet;thence N46126'30"W, 140.26 feet, more or less, to a point on the Northwesterly line of said Lot 35 and the Point of Termination. NTC\A1292.LGL i � c J c4klYoNj C.¢eE rH Fp zE = 'Vgg 5c1aLt=: l�. 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