HomeMy WebLinkAboutReso 91-264 - Summarily vacating a 20' public service easement/emergency access rd shown on Lots 37 and 38 of Paris Park PD-4-87 WUPH TO
• • RECORDED AT REQUEST OVI
MY DE RFnn1NRAT W MIN. PAST M
OFFICIAL RECORDS SHASTA COUNTY,CALIF..
JUL 181991
RESOLUTION NO. - 2G
11SSESSOR-�CQ,LD�$EFS 5.....--o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A 20-FOOT PUBLIC SERVICE
EASEMENT/EMERGENCY ACCESS ROAD SHOWN ON LOTS 37 AND 38
OF PARIS PARK PD-4-87.
WHEREAS, a 20-foot public service easement (Easement #1), which is also
used as an emergency access road, was heretofore dedicated to the City of
Redding across Lots 37 and 38 of the Paris Park PD-4-87 filed for record on
July 11, 1988, in Book 18 of Maps at page 98, Shasta County Records; and
WHEREAS, because of an error, the foundation of the home on Lot 38
encroaches .into said Easement #1; and
WHEREAS, in exchange for the City abandoning the above-mentioned
Easement #1, the owners of Lots 37 and 38, BRIAN E. BURK and SANDRA A. BURK,
and RICHARD J. SMITH and DEBRA SMITH, have granted to the City a new 20-foot
emergency road and public service easement (Easement #2) dated April 30, 1991,
a copy of which is attached as Exhibit B and incorporated herein by reference;
and
WHEREAS, the Director of Public Works of the City of Redding has duly
investigated the proposed abandonment of Easement #1 shown on Exhibit A
attached hereto and incorporated herein by reference, .in exchange for Easement
#2 and the required Consents to Easement, and has advised the City Council
that, with the recording of Easement #2 and the required Consents to Easement,
there is no indication that Easement #1 will ever be required; and
WHEREAS, it is believed by and appears to the City Council of the City
of Redding that when Easement #2 and the required Consents to Easement are
recorded, Easement #1 will not be necessary for a public service
easement/emergency access road; 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;
BOCK2742PNE546
II
NOW, THEREFORE, the City Council of the City of Redding hereby resolves
and orders that:
1. Easement #2, a copy of which is attached hereto and incorporated
herein by reference, be and hereby is accepted by the City .of Redding and is
to be recorded in the Office of the Shasta County Assessor/Recorder with the
required Consents to Easement.
2. When Easement #2 and the required Consents to Easement are
recorded in favor of the City of Redding, Easement #1 will no longer be
required and may be vacated as a public service easement/emergency access
road.
3. When Easement #2 and the required Consents to Easement have been
recorded, the City Clerk of the City of Redding is hereby directed to record a
certified copy of this Resolution, attested to by the City Clerk under 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 2nd day
of July, 1.991, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, 1,bss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
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ATTEST: FORM APPROVED:
ETHEL A. NICHOLS;. City Clerk R DALL A. HAYS, ity Attorney
2
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BOOK 742?AGE `# °
. RECORD
*REQUESTED BY
REDDING TITLE COMPANY
And When Recorded Hail This Deed and.Unless
Otherwise Shown Below,Mail Tax Statements To:
NAME
STREET City of Redding
ADDRESS 760 Parkview Ave.
STATE Redding, CA 96001
z 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE
Title Order No. Escrow No. 70961
DOCUMENTARY TRANSFER TAX S--
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
— OR COMPUTED ON FULL VALUE LESS LIENS AND
AP# 102-240-37 & 38 ENCUMBRANCES REMAINING AT TIME OF SALE.
Signature of Declarant or Agent determining tax.Firm Name
EASEMENT GRANT DEED -7
FOR A VALUABLE CONSIDERATfON, receipt of which is hereby acknowledged,
Brian E. Burk and Sandra A. Burk, his wife and Richard J. Smith and Debra Smith,
husband and wife
hereby GRANT(S) to
The City of Redding, a Municipal Corporation
the following described real property in the City of Redding
county of Shasta ,state of California:
A 20 foot emergency road and public service easement described as follows, and
shown on Exhibit "A" attached hereto and made a part hereof:
BEGINNING at the most Southerly corner of Lot 37 of Paris Park P.D. recorded in
Book 18 of Maps at Page 98, Shasta County Records; thence North 440 02' 00",
East, 23.68 feet; thence North 130 35' 15" West, 58.59 feet; thence North 430
26' 25" West, 20.17 feet; thence North 18° 16' 56" West, 29.29 feet; thence
along the Southerly right-of-way line of Renoir Path on a curve to the right
with a radius of 40.00 feet, a delta of 290 19' 02" and a length of 20.47 feet;
t thence South 18° 16' 56" East, 30.61 feet; thence South 430 26' 25" East, 19.30
feet; thence South 130 35' 15" East, 65.94 feet to the Point of Beginning.
Dated April 30, 1991
STATE OF CALIFORNIA a'61S7_ BUrk
COUN'r}'OF Shasta SS. ^
On May 8, 1991 before me.the under- 1 LK
(�
signed, a Notary Public in and for said County and State.
personally appeared BRIAN E.BURK, RICHARD J.
SMITH AND DEBRA SMITH Rt—cchox4
>G: Smit.h y
known to me or proved to me on the basis of satisfactory evidence,to
be the person—S whose names HTP subscribed to the De rd Smith
within instrument and acknowledged that their
executed the sam
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SABR–I-NA G"OOD�EN "PRO
RName(Typed or Printed)
Notary Public in and for Said County and State (Space above for official notarial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE;1F NO PARTY SO SHOWN. MAIL AS DIRECTED ABOVE
Name Street Address City&State
Form No.2956
77 BOCK2/42PAGE549 \ . ,7i
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STATE OF CALIFORNIA }SS.
COUNTY OF ShaGta G
On this 8th day of May in the year 1991,
—°o before me,the undersigned,a Notary Public in and for said County and
>. caState,personally appeared Brian E Burk
<
n personally known
Oto me(or proved to me on the basis of satisfactory evidence)to be the
U
W u person whose name
Q IL subscribed to the within instrument,as the Attorney in fact of
a E SANDRA A BURK
= w and acknowledged to me that he subscribed the name OFFICIAL SFAL
z
I p of SANDRA A BURK thereto as principal SABRINA GOODEN
and his own name as Att pe\' WYCONOTAP gLIC CALIFORNIA
F / SnASTACOUNT,
a
O to fact LIY Comm E-Pres FeC 955
Signature 7j'Bvm SABRTNA GOO
2 �
y Name(Typed or Printed) BGOK ' 42p��£�5� ,
Notary Public in and for said County and State
29783
e-r.e sr 1.nv CCAI AD CTAUD