HomeMy WebLinkAboutReso 93-079 - Declaring intention to vacate and abandon a surplus ditch easement and a surplus pedestrian easement located between Lucern Ct & Creekside St (A-10-92) RESOLUTION NO. q3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO VACATE AND ABANDON A SURPLUS
DITCH EASEMENT AND A SURPLUS PEDESTRIAN EASEMENT
LOCATED BETWEEN LUCERNE COURT AND CREERSIDE STREET
(A-10-92) .
WHEREAS, the real property (ditch easement and pedestrian
easement) located between Lucerne Court and Creekside Street, as
more particularly described in Exhibit "A" and shown on the map
attached hereto and incorporated herein by reference, was
heretofore acquired by the City of Redding by dedication as set
forth on a map and/or plan on file in the office of the City
Clerk of the City of Redding; and
WHEREAS, it is believed by and appears to the City Council
of the City of Redding that the surplus ditch easement and the
surplus pedestrian easement located between Lucerne Court and
Creekside Street as described in the attached Exhibit "A" and
sketch 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 City Council that there is no indication that the surplus
ditch easement and pedestrian easement 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 the surplus
�I
ditch easement and the surplus pedestrian easement located
between Lucerne Court and Creekside Street be abandoned; and
WHEREAS, the City 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, BE IT RESOLVED by the City Council of the
City of Redding as follows:
1. That all of the foregoing recitals are true and
correct.
2. That City Council intends to and does hereby declare (}
its intention to vacate and abandon the surplus ditch
easement and the surplus pedestrian easement located
between Lucerne Court and Creekside Street, as more
particularly described in Exhibit "A" and shown on the
map attached hereto.
BE IT FURTHER RESOLVED that all persons interested in or
objecting to the proposed abandonment will be heard on Tuesday,
April 20, 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, 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 easements. Said notices shall set forth the
2
I
passage of this Resolution of Intention, and shall set forth 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 posting of said notices shall be completed not less than 15
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 15 days
before the date set for public hearing of protests to the afore-
said proposed vacation.
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 March, 1993 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl , Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
AST:, FO PPROVED:
CONNIE STROHMAYER, ity Clerk ANDALL A. Y , City Attorney
3
A-10-92
EXHIBIT "A"
LEGAL DESCRIPTION - DRAINAGE AND PEDESTRIAN EASEMENTS
Parcel 1:
That certain 30.00' wide (9.144 meters) drainage easement shown on the map of Lakewood
Estates Subdivision, Unit 2, filed for record in Book 15 Maps, Page 61, Shasta County Records
and lying between the north boundary of Lot 5 and the east boundary of Lot 12 of said
subdivision.
Parcel 2:
That certain 15.00' wide (4.572 meters) easement for pedestrian, bicycle, and equestrian use,
shown on the map of Lakewood Estates Subdivision, Unit 2, filed for record in Book 15 Maps,
Page 61, Shasta County Records and lying westerly of the easterly boundary of Lots 5 through
10 and an easement of variable width for the same purpose along the easterly boundary of Lot 11
of said subdivision.
r r
! i
1
r__---7.
i
+ 5ADlddMENTO '.-��(�� L� 1 ,1 -� ® � • j
`i �-- ,—--P—
DRi VE
xl
1
AVE
, � ��• + �� pis I i ---- -
'
RfiIELD
Ze
xt
PARKWAY
fo
10
t 14``
�� � ��:,� ��� �,-� `®�,�r�' �G•�IL�'" / - X04 .
i II i /� \�� /\\ t \�.` e /' `,., OIC • /8 /�V��