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HomeMy WebLinkAboutReso 1990-323 - Declaring its intention to abandon five feet of street • 411 RESOLUTION NO. /O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO ABANDON FIVE FEET OF STREET RIGHT-OF-WAY ALONG THE NORTH SIDE OF RECORD LANE ADJACENT TO THE MARY LAKE SUBDIVISION, WHICH WAS INADVERTENTLY DEDICATED WITH PHASE 10 OF SAID SUBDIVISION (A-5-90) . WHEREAS, certain real property, namely a public street right-of-way along the north side of Record Lane adjacent to the Mary Lake Subdivision, described in Exhibit "A" attached hereto and incorporated herein by reference, has been heretofore dedicated to the City of Redding, as the same is set forth on a map and/or plan on file in the office of the City Clerk of the City of Redding, which right-of-way is more particularly shown on the maps attached hereto and incorporated herein by reference; and WHEREAS, it is believed by and it appears to the City Council of the City of Redding that, subject to the condition hereinafter set forth, the five feet of street right-of-way along the north side of Record Lane adjacent to the Mary Lake Subdivision, which was inadvertently dedicated with Phase 10 of said Subdivision, is not necessary; and WHEREAS , the Director of Public Works of the City of Redding has duly investigated the proposed abandonment of said portion of street right-of-way, and, subject to the condition hereinafter set forth, has advised the City Council that there is no indication that it will be required in the future; and fl WHEREAS , the proposed abandonment does not affect the varying-width public service easement along Record Lane; and WHEREAS , the Planning Commission of. the City of Redding has held a public hearing regarding the abandonment of said portion of street right-of-way, and at the conclusion of said hearing has recommended that, subject to the condition hereinafter set forth, 410 said portion of street right-of-way, as shown on the attached maps, 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 the City Council intends to and hereby declares its intention to vacate five feet of street right-of-way along the north side of Record Lane adjacent to the Mary Lake Subdivision, which was inadvertently dedicated with Phase 10 of said Subdivision, as more particularly described in Exhibit A and shown on the maps attached hereto, subject to the following condition: (a) The City shall retain a public service easement across the entire area. BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Tuesday, August 5 , 1990 , at the hour of 7 : 00 p.m. , or as soon thereafter as the matter may be heard, in the City Council Chambers and Police Department Building 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 five-foot portion of street right-of-way. Said notices shall set forth the passage of this Resolution of Intention, and -2- • . 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 aforesaid 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 3rd day of July, 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ,IANC :UFFU , ayor Cit of Redding it ATTEST: FORM PPROVED: a7,,� ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS City Attorney -3- �I • • LAPID r 9� II April 25, 1990 DAVID J. E EH* 15 ; • Job No. 90. 189 k Redding-Mary Lk. Unit 10J+ Exp. 12/31/83,a\� Page 1 of 2 �9l EXHIBIT "A" LEGAL DESCRIPTION FOR ABANDONMENT OF DEDICATION A parcel of land being that portion of Record Lane dedicated to the City of Redding by that certain map recorded April 6, 1990 in Book 19 of Maps at page 64, Shasta County Official 1 Records, situate in the north one-half of Section 4, !I Township 31 North, Range 5 West, M.D.M. , City of Redding, County of Shasta, State of California, said parcel being more particularly described as follows: Commencing at the west one-quarter corner of said Section 4; thence along the East-West mid-section line, South 88.37'33" East, 1373.84 feet, to a point which bears South 00.29' 16" East, 5.01 feet from the southwest corner of Lot 18 as shown on said map; thence, North 00.29'16" West, 5.01 feet to said southwest corner of Lot 18; thence, along the south lines of Lots 18 through. 2, as shown on said map, South 88.37'33" East, 1458.69 feet; thence, continuing along the south line of said Lot 2, along a 170.00 foot radius curve to the left, through a central angle of 08'37'36", for an arc length of 25.60 feet to the southeast corner of said Lot 2; thence, South 01'22'27" West, 6.93 feet to a point on said East-West mid-section line; thence, along said East-West mid-section line North 88.37'33" West, 1484.03 feet to the Point of Beginning, containing 7463 square feet more or less. 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