HomeMy WebLinkAboutReso 93-298 - Abandoning the Open Space element of the Easement dedicated to the COR with the recording of Lot Split No. 33-82 (2851 Park Marina Dr) for fishing access, Riparian Habitat, Open Space, & Floodplain (A-4-93) it
RESOLUTION NO. 93- Z'Y�-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ABANDONING THE OPEN SPACE ELEMENT OF THE EASEMENT
DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF
LOT SPLIT NO. 33-82 (2851 PARR MARINA DRIVE) FOR
FISHING ACCESS, RIPARIAN HABITAT, OPEN SPACE, AND
FLOODPLAIN (A-4-93) .
WHEREAS, an Easement for fishing access, riparian habitat,
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open space, and floodplain was dedicated to the City of Redding
with the recording of Lot Split 33-82 located at 2851 Park Marina
Drive; and
WHEREAS, attached hereto and incorporated herein by
reference is the legal description of said Easement, together
with a map depicting its location; and
WHEREAS, the City Council of the City of Redding wishes to
abandon the "open space" element of said Easement, retaining the
Easement elements of fishing access, riparian habitat, and
floodplain; and
WHEREAS, proceedings have been duly conducted and held in
accordance with the provisions of California Government Code
Section 51090, et seq. ;
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
due to the fact that the land has been disturbed
to such an extent that it no longer meets the
criteria of open space; and
(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
Redding General Plan; and
(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 . That the "open space" element of the above-mentioned
Easement be and hereby is abandoned; and that the Easement is
retained for fishing access, riparian habitat, and floodplain
'I purposes.
4. The City Clerk of the City of Redding is directed to
record a certified copy of this Resolution, attested to by the
'I 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
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introduced and read at a regular meeting of the City Council of
the City of Redding on the 3rd day of August, 1993 , and was
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Anderson and Kehoe
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
ATTEST FOR14 APPROVED:
CONNIE STRO YER, City C ark RANDALL A. HAYd, City Attorney
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117091
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF REDDING, COUNTY OF SHASTA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCELS 1 AND 2 AS SHOWN ON THE MAP FILED FOR RECORD IN BOOK
23 OF PARCEL MAPS AT PAGE 34, SHASTA COUNTY RECORDS, BEING A PORTION OF SECTIONS
ii 13 AND 14 OF THE P.B. READING GRANT IN THE CITY OF REDDING, SHASTA COUNTY,
CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE BOUNDARY
LINES OF SAID PARCELS 2 AND 1, THE FOLLOWING SIX COURSES:
1. SOUTH 53014'09" WEST, 112.30 FEET; THENCE,
2. SOUTH 59012 '46" WEST, 200.70 FEET; THENCE,
3. NORTH 6028'20" WEST, 78.72 FEET; THENCE,
4. NORTHERLY ALONG A CURVE CONCAVE WESTERLY FROM A TANGENT BEARING OF NORTH
16021' 10" EAST, HAVING A RADIUS OF 317.50 FEET, THROUGH A CENTRAL ANGLE OF
4 15020'50", AN ARC DISTANCE OF 85.04 FEET; THENCE,
5. NORTHERLY, ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1462.50 FEET;
THROUGH A CENTRAL ANGLE OF 7036'35", AN ARC DISTANCE OF 194.24 FEET TO THE
MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE
6. CONTINUING ALONG SAID CURVE, HAVING A RADIUS OF 1462.50 FEET THROUGH A
CENTRAL ANGLE OF 1 01'21", AN ARC DISTANCE OF 26.10 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE,
SOUTH 64010'22" EAST, 250.00 FEET; THENCE SOUTH 25049'38" WEST, 25.00 FEET TO THE
NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH
64010'22" EAST, 92.80 FEET TO THE POINT OF BEGINNING.
RESERVING THEREFROM AN EASEMENT, APPURTENANT TO THE REMAINDER OF SAID PARCEL 1,
FOR DRIVEWAY PURPOSES, ACCESS, INGRESS AND EGRESS OVER A STRIP OF LAND 25.00 FEET
IN WIDTH, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE, SOUTH 64010'22" EAST, 250.00 FEET TO THE
POINT OF TERMINATION.
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ASSESSOR'S PARCEL NO. 102-460-42 AND 41 PORTION
(End of Document Chicago Title)
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