HomeMy WebLinkAboutReso 93-335 - Abandoning the open space & riparian elements - in exchange for public parking - of portion of easement indicated by diagonal lines on exhibit A attached hereto, Lot Split No. 33-82 (2851 Park Marina Dr) for fishing access, Riparian Habitat 40816
RECORDING REQUESTED BY RECORDED IN OFFICIAL RECORDS
AND RETURN TO OF SHASTA COUNTY,CAIjF,
1 t�J LA MIN. PAST,.
S E P 13 1993
RESOLUTION NO. 93- 3_3.5
Ass"886'-RECORDEEl f E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING O`W
ABANDONING THE OPEN SPACE AND RIPARIAN ELEMENTS—IN
EXCHANGE FOR PUBLIC PARKING—OF THAT PORTION OF THE
EASEMENT INDICATED BY DIAGONAL LINES ON EXHIBIT A
ATTACHED HERETO, WHICH EASEMENT WAS DEDICATED TO THE
CITY OF REDDING WITH THE RECORDING OF LOT SPLIT NO.
33-82 (2851 PARK MARINA DRIVE) FOR FISHING ACCESS,
RIPARIAN HABITAT, OPEN SPACE, AND FLOODPLAIN (A-4-93) .
WHEREAS, an easement for fishing access, riparian habitat, 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, in order to construct a driveway and parking, the owner
of the property wishes to modify the elements of a portion of the
easement, namely the area indicated by diagonal lines on Exhibit A
attached hereto and incorporated herein by reference,
FROM: an open space, fishing access, riparian habitat,
and floodplain easement
TO: a public parking, fishing access, and floodplain
easement;
with the remaining portion of said easement—shown cross-hatched on
Exhibit A—to continue as a fishing access, riparian habitat, open
space, and floodplain easement; and
WHEREAS, the City Council of the City of Redding wishes to abandon
the open space and riparian elements of that portion of the easement
shown by diagonal lines on Exhibit A, in exchange for public parking,
so that this portion of the easement will be retained as a public
parking, fishing access, and floodplain easement; and \J
WHEREAS, proceedings have been duly conducted and held in
accordance with the provisions of California Government Code Section
51090, et seq. ; W
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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
with the abandonment of the open space and riparian habitat
elements of that portion of the easement indicated by
diagonal lines on Exhibit A attached hereto:
(a) That no public purpose described in Section 51084 will
be served by keeping the open space and riparian habitat
elements, which are to be exchanged for public parking,
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 riparian habitat; and
(b) That the abandonment of the open space and riparian
habitat elements--in exchange for public parking--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 of the open space and riparian
habitat elements--in exchange for public parking--is
consistent with the Redding General Plan; and
(d) That the abandonment of the open space and riparian
habitat elements--in exchange for public parking--is
necessary to avoid a substantial financial hardship to
,I
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 an environmental impact
report is not necessary.
3 . A. That the open space and riparian habitat elements of
that portion of the easement indicated by diagonal lines on
Exhibit A attached hereto be and hereby are exchanged for a
public parking easement; and that this portion of the
easement is retained and will continue as a public parking,
fishing access, and floodplain easement.
B. That the remaining portion of the easement—shown cross-
hatched on Exhibit A attached hereto---will continue as a
fishing access, riparian habitat, open space, and floodplain
easement.
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4 . 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 7th day of September , 1993 , and was adopted at said meeting by the
following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and. Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
�u`3 S yj nR _ :air
CONNIE", ST90Hj�k City Clerk
FORM APPROVED
RANDALL A. HAYS, City Attorney
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Parking, fishing
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