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Home My WebLink AboutReso 91-477 - Summarily vacating a permanent easement and Right of Way for Electric Utility Purposes recorded Feb 5, 1970 (APN 113-34-01 & 113-33-11) RESOLUTION NO. / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A PERMANENT EASEMENT AND RIGHT-OF- WAY FOR ELECTRIC UTILITY PURPOSES RECORDED FEBRUARY 5, 1970, UNDER NO. 1571 IN BOOK 1018 AT PAGE 344 OF OFFICIAL RECORDS OF SHASTA COUNTY (APN 113-34-01 AND 113-33-11) . WHEREAS, a permanent easement and right-of-way for electric utility purposes in favor of the City of Redding on property more particularly described herein was recorded in that Indenture dated December 23, 1969, and recorded February 5, 1970, in Book 1018 at page 344 of Official Records of Shasta County (APN 113- 34-01 and 113-33-11) , hereinafter referred to as "Easement" ; AND WHEREAS, Atlantic Richfield Company and its representatives have asked the City to abandon said Easement, subject to the following: Atlantic Richfield Company (ARCO) shall pay the City of Redding the sum of $28,527 for the relocation of the City' s existing facilities contained in said Easement, as they affect Parcel Nos. 113-34-01 and 113-33-11. Said funds shall be paid into escrow at Commonwealth Land Title Company, 888 W. Sixth Street, 4th Floor, Los Angeles, California 90017 , Attention Mr. Lee Mellen, Escrow No. 16136, and paid to the City of Redding, pursuant to the terms and conditions of the Letter of Understanding dated October 8 , 1991, between ARCO Products Company and the City of Redding, a true copy of which is attached hereto and incorporated herein by reference. AND WHEREAS, the Electric Department of the City of Redding has duly investigated the proposed abandonment of said Easement, and has advised the City Council that with the relocation of the existing facilities contained within said Easement there is no r indication the Easement will ever be required; 0 AND WHEREAS, based on such investigation, it is believed by and appears to the City Council of the City of Redding that upon completion of the relocation of existing facilities, said Easement will no longer be necessary; 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, by way of a Quitclaim Deed; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. The above recitals are true and correct. 2 . Upon relocation of the existing facilities as described above, and the payment of $28, 527 to the City of Redding, the Easement described in the Quitclaim Deed attached hereto as Exhibit A and incorporated herein by reference will no longer be necessary, and may be vacated at that time. 3 . City Council hereby ratifies the signature of the Mayor on the Quitclaim Deed from the City of Redding to Atlantic Richfield Company dated October 17, 1991, a true copy of which is attached hereto and incorporated herein. 4. City Council hereby authorizes the Director of Public Works to execute the attached Letter of Understanding dated October 8 , 1991. 5 . The City Clerk of the City of Redding be and hereby is directed to deposit into escrow with Commonwealth Land Title Company: ( 1) a certified copy of this Resolution, attested to by the City Clerk under seal of the City of Redding; and ( 2) -the original of the attached Quitclaim Deed in favor of Atlantic Richfield Company, - 2 - on the condition that said Resolution and Quitclaim Deed NOT be recorded by Commonwealth Land Title Company until the full amount of $28,527 has been paid -to the City of Redding and the above- mentioned facilities have been relocated. 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 5th day of November , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: �9 A ETHEL A. NICHOLS, City Clerk FOR PPROVED: RA6DALL A. HAYS, City Attorney -3- ARCO Products Company • 1055 West Seventh Stree• Post Office Box 2570 Los Angeles, California 90051-0570 Telephone 213 486 3511 October 8, 1991 1VE1) City of Redding 1830 Parkview Avenue uCT 1 b 1991 Redding, CA 98001 CITY ATTORNEY Attention: Mr. Darren Langfield Development Engineer Dept. of Public Works RE: Commonwealth Land Title Ins. Co. Escrow No. : 16136 Lake Blvd./Masonic Ave. Redding, CA ARCO No. : 5833 Pear Mr. Langfield: In connection with the proposed purchase of the above referenced real estate, Atlantic Richfield Company ( "ARCO") agrees to install all underground electrical conduits and appurtenances thereto ( "The City's Work") as required by the City of Redding, shown on the attached plan prepared by Barghausen Consulting Engineers, Inc. The City of Redding ( "City") hereby agrees to place into said Escrow No. 16136, a recordable Quitclaim Deed which, when recorded, will extinguish that certain easement recorded February 5, 1970, in Volume 1018, page 344, Official Records of Shasta County. Upon the execution of this agreement by ARCO, and acceptance by the City of Redding as hereinafter provided, ARCO shall proceed to deposit into Escrow the sum of $28,527 which represents the relocation by the City of certain electrical wiring necessary for completion of The City's Work. At the time ARCO is the legal owner of record of the above referenced real estate, and upon receipt by ARCO of a Notice of Completion indicating approval and acceptance of The City's Work, said $28,527 shall be released by Escrow to the City. Within 14 days of the release of said $28,527 the City shall relocate certain electrical wiring necessary for completion of The City's Work, at which time escrow will record said Quitclaim Deed. APPC-7011-1 ARCO Products Company is a Division of AtlanticRichfieldComoany (10-88) City of Redding October 8, 1991 ARCO #5833 Page 2 This Letter of Understanding gives ARCO permission, after completion of The City's Work, but prior to release of said Easement, to enter upon said easement areas in order to effect The City's Work and to construct its improvements over that portion of the existing Easement located on the ARCO project. Notices regarding this transaction should be directed to the undersigned at the above address and to escrow as follows: Commonwealth Land Title Company 888 W. Sixth Street, 4th Floor Los Angeles, CA 90017 Attention: Mr. Lee Mellen Escrow No. : a690 /6/y�v Very trul ours, ATL FIELD COMPANY A fOi J. C fey Assi an President AGREE TO THIS DAY OF OCTOBER, 1991 By CITY OF REDDING WHEN RECORDED RETURN TO; Atlantic Richfield Company 1055 W. Seventh Street, PAC 1210 P. 0. Box 2570 Los Angeles, CA 90051-0570 ------------------------------------------------------------ QUITCLAIM DEED The CITY OF REDDING, A Municipal Corporation and General Law City of the State of California, does hereby release and quitclaim to ATLANTIC RICHFIELD COMPANY, a Delaware corporation, that permanent easement and right of way for electric utility purposes described in that indenture dated December 23, 1969 and filed February 5, 1970 in Volume 1018 of Official Records at Page 344. Said easement is a permanent easement and right of way for electrical utility purposes, in, over, along, upon and across that certain lot or parcel of land situate, lying and being in the City of Redding, County of Shasta, State of California, described as follows: A parcel of land twenty (20) feet in width situate in Section 24, T. 32 N. , R. 5 W. , M. D. B. & M. and described as follows: Commencing at the northwest corner of Lot 7, Timber Lanes Subdivision, as shown in Book 12 of Maps, page 59, in the Office of the County recorder, County of Shasta, State of California and is the point of beginning of this description: Thence, S. 24'35150" E. , 11.55 feet; thence N. 35'23104" E. , 167.99 feet; thence N. 50'16110" W. , 10.03 feet; thence, N. 35'231041' E. , 10.03 feet; thence; N. 50`16110" W. , 10.03 feet; thence 5.35`23104" W. , 210.60 feet, thence S. 50'16110" E. , 10.03 feet; thence N. 35'23104" E. , 37.60 feet to the point of beginning. THE CITY OF REDDING, A Municipal Corporation Dated: October 17, 1991. / v BY:�� Mayor STATE OF CALIFORNIA ) ) ss COUNTY OF SHASTA ) On October 17, 1991, before me, ARLENE RILEY, personally appeared MIKE DAHL, known to me to be the person whose name is subscribed to the within Quitclaim Deed in favor of Atlantic Richfield Company, who acknowledged to me that he executed the same in his authorized capacity; and that by his signature on the instrument, the City of Redding, upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL NotorY ARLENE RILEY ' I i SHASTA COUNTY ARLENE RILEY, Notary Public. heyCormnEXP.MOV 29,IM My commission expires 5/29/93.