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HomeMy WebLinkAboutReso 93-059 - Ordering vacation & abandonment of portions of open space easement Westside Est Subdivision (A-14-92) 44563 RECORDING REQUESTED B • ;RECORDED IN OFFICIAL RECORDS RETURN TO OF SHASTA COUNTY ITV OF REDDING MIN. PAST OCT 1 1993 RESOLUTION NO. ASSESSOR-RECORDER H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE VACATION AND ABANDONMENT OF PORTIONS OF OPEN SPACE EASEMENTS DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF THE WESTSIDE ESTATES SUBDIVISION (A-14-92) . WHEREAS, proceedings have been duly conducted and held in accordance with the provisions of California Government Code Section 51090, et seq. ; and WHEREAS, the City Council of the City of Redding finds and determines that, SUBJECT TO the conditions set forth below, the hereinafter described portions of open space easement in the Westside Estates Subdivision dedicated to the City of Redding by way of a map recorded in Book 20 of maps at page 4, Shasta County Records, may be abandoned; NOW, THEREFORE, the City Council of the City of Redding hereby finds, resolves, and orders as follows: 1. The City Council makes the following findings in connection herewith: (a) That no public purpose described in Section 51084 will be served by keeping the land as open space; and i (b) That the abandonment is not inconsistent with the purposes of Article 4, Termination of an Open- space Easement, of California Government Code Section 51090, et seq. ; and (c) That the abandonment is consistent with the 'I Redding General Plan; and 'I (d) That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to it. 2 . The City Council hereby ratifies the Negative Declaration prepared for this project showing that it has no substantial impact upon the environment and that an environmental impact report is not necessary. 3 . Those certain real properties in the City of Redding, County of Shasta, State of California, being open space easements dedicated to the City of Redding with the recording of the map of ' �;r'r''•'t�O��PAGE�1_c� II I f the Westside Estates Subdivision recorded in Book 20 of maps at page 4, Shasta County Records, as the same are more particularly described in the legal descriptions and appurtenant map attached hereto as Exhibit A incorporated herein by reference, be and the same are hereby vacated and abandoned as open space, SUBJECT TO the following conditions: (a) That this abandonment not be completed nor this Resolution recorded until the applicant provides i proof to the City Clerk that a property line adjustment has been recorded for Lot 53 . (b) 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. When the above conditions have been met, the City Clerk of the City of Redding is directed to record a certified copy of this Resolution, attested to by the City Clerk under the seal of the City of Redding, in the office of the Shasta County Assessor/ Recorder. 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 16th day of February 1993 , and was adopted at said meeting by the following vote: 'I AYES: COUNCIL MEMBERS: ANDERSON, ARNESS, KEHOE AND MOSS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DAHL ABSTAIN: COUNCIL MEMBERS: NONE CHARLIE MOSS, Mayor City of Redding Qqq O APPROVED: CONNI�;'STROHMAYER,'Xi Clerk RA6ALL A. HAYS, City Attorney 2 � � 3065PACit. r A-14-92 EXHIBIT "A" LEGAL DESCRIPTION - OPEN SPACE ABANDONMENT Lot 54 Westside Estates Subdivision 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: N53015'28"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 S52°09'48"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. NTDA 1492.LGL ,:3065PAGE221 vENvE \ W > N � is ARCA O� ASANDOM-IENi 2045' o�g N84°20'30"W ' 10 AREA TO 3E RE i A I NE i IN OFE N STAGE FOR SITE PLAN F!J i URC SEAR EX1'ANS; N A-14-92 Mc NEIL/SHEHAN SC&E so. J A N. 57 1993 44563