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HomeMy WebLinkAboutReso 93-004 - Declaring intention to vacate & abandon a portion of open space easement dedicated to the COR with the recording of the Westside Estates Subdivision (A-14-92)I •E I II �I. RESOLUTION NO. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF OPEN SPACE EASEMENT DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF THE WESTSIDE ESTATES SUBDIVISION (A-14-92) . WHEREAS, an open space easement in the Westside Estates Subdivision was dedicated to the City of Redding by way of a map recorded in Book 20 of maps at page 4, Shasta County Records; and WHEREAS, said open space easement was created to preserve open space in the Westside Estates Subdivision; and WHEREAS, it is now desired that a portion of the open space easement be abandoned, SUBJECT TO the condition set forth below, and ! attached to the adjacent single-family parcels; and WHEREAS, the intent of the open space easement will be preserved by such action; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is the legal description and appurtenant map of the area to be abandoned; and WHEREAS, the Director of Planning and Community Development of the City of Redding has duly investigated the proposed abandonment of said portion of open space easement, and has advised the City Council that, ' ( n SUBJECT TO the condition set forth below, said portion may be abandoned r- k� without violating the intent of the open space designation; and I I • WHEREAS, the Planning Commission of the City of Redding has held a I public hearing regarding the proposed abandonment of said portion of open space, and at the conclusion of said hearing recommended that, SUBJECT TO the condition set forth below, said portion of open space I may 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 in the Westside Estates Subdivision described in Exhibit "A" attached hereto, SUBJECT TO THE ABANDONMENT NOT BEING COMPLETED until the applicant provides proof to the City Clerk that a property line adjustment has been recorded for Lot 53 . 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 7 I space. Each notice shall set forth the passage of this Resolution of Intention, and the time and place of hearing as hereinabove set forth. j Posting of the notices 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 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 & Mass NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None e CHARLIE MOSS, Mayor City of Redding A EST: ,I CONNIE STROHMAYER City Clerk F RM PROVED: RAN&LL A. HAYS, Cit Attorney 3 I A-14-92 EXHIBIT "A" 'i LEGAL DESCRIPTION - OPEN SPACE ABANDONMENT Lot 54 Westside Estates Subdivision i ,I Beginning at the SW corner of Lot 54, Westside Estates Subdivision as shown on that certain map filed for record in Book 20 of Maps at Page 4, Shasta County Records and thence running the following bearings and distances: N53°15'28"E on and along the Southerly boundary of said lot, 54.69 feet to the Southeast corner thence S33015'07"E, 114.94 feet; thence S52009'48"W, 20.75 feet; thence N49054'51"W, 118.23 feet more or less, to the Point of Beginning. ' Lot 53 Westside Estates Subdivision Beginning at the SW corner of Lot 53, Westside Estates Subdivision as shown on that certain map filed for record in Book 20 of Maps at Page 4, Shasta County Records and thence running the following bearings and distances: N83034'34"E on and along the Southerly boundary of said lot, 85.73 feet to the Southeast corner thence S00039'30"W, 105.96 feet; thence N89020'30"W, 20.95 feet; thence N33015'07"W, 114.94 feet, more or less, to the Point of Beginning. N TCCA 1492.LG L i E Av�Nv lO�� \ o55 0 m s\ 0 w o p m ti� 'So AfR-E 4 OF 9S o O _ A5AN[;)ONMENT r� N83 34'34��� o: w 2 0 ' _ m O ry� N8a°20'30"W ' 00 AREA TO BE RE7A I NED IN OPEN Sf='Ar-,E FOR SITE PLAN FUTURE SEDER EXFANSION A-14-92 iiMc NEIL/SHEHAN SCALE: 1" = 50' JAN. 5, 1993