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HomeMy WebLinkAboutReso. 1988-285 - Declaring its intention to vacate a 60-foot-wide road and public-utillity easement 4110 411 , RESOLUTION NO. B8'1gs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE A 60-FOOT-WIDE ROAD AND PUBLIC-UTILITY EASEMENT, A ROAD-SLOPE EASEMENT, 96 FEET OF RIGHT-OF-WAY FOR FUTURE HAWLEY ROAD, AND AN 84-FOOT-WIDE OFFER OF DEDICATION FOR FUTURE HAWLEY ROAD ON ASSESSOR' S PARCEL NOS. 072-230-05 , 072-260-05 , AND 072-260-06 ALONG THE FUTURE EXTENSION OF CHURN CREEK ROAD, IN A "PD" PLANNED DEVELOPMENT DISTRICT (A-3-88) . WHEREAS, certain real properties, of which the above are a part and are more particularly described in Exhibit "A" and shown on the map attached hereto and incorporated herein by reference, have been heretofore vested in the City of Redding by dedication, offer of dedication, and/or annexation as set forth on maps and/or plans on file in the office of the City Clerk of the City of Redding, and WHEREAS, it is believed by and it appears to the City Council of the City of Redding that, subject to the conditions hereinafter set forth, the following are not necessary: A 60-foot wide road and public-utility easement, a road- slope easement, 96 feet of right-of-way for future Hawley Road, and an 84-foot-wide offer of dedication for future Hawley Road on Assessor' s Parcel Nos. 072-230-05 , 072-260-05 , and 072-260-06 along the future extension of Churn Creek Road, in a "PD" Planned Development District, as described in Exhibit "A" and shown on the map attached hereto and incorporated herein by reference; and 4 WHEREAS , the Director of Public Works of the City of Redding has duly investigated the proposed abandonment, as described above, and has advised the City Council that, subject to the conditions hereinafter set forth, there is no indication that they will ever be required; and WHEREAS , the Planning Commission of the City of Redding has held a public hearing regarding the proposed abandonment, and at the conclusion of said hearing has recommended that said properties, described in Exhibit "A" and shown on the map attached hereto, be abandoned, subject to the conditions hereinafter set forth; 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 : A. That all of the foregoing recitals are true and correct. B. That the City Council intends to and hereby declares its intention to vacate and abandon the following: A 60-foot wide road and public-utility easement, a road- slope easement, 96 feet of right-of-way for future Hawley Road, and an 84-foot-wide offer of dedication for future -2- 111 411 Hawley Road on Assessor' s Parcel Nos. 072-230-05 , 072-260-05 , and 072-260-06 along the future extension of Churn Creek Road, in a "PD" Planned Development District, as described in Exhibit "A" and shown on the map attached hereto and incorporated herein by reference, subject to the following conditions : 1 . The existing 54-inch waterline shall be relocated. 2 . The Pacific Gas and Electric facilities shall be relocated to the proposed Churn Creek Road Right-of- Way. 3 . Adoption of the Resolution of Abandonment occurs concurrently with dedication of the proposed Right- of-Way for Churn Creek Road. BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Tuesday, September 6 , 1988 , 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 lines of each property now proposed to be abandoned, notices of this intention to vacate and abandon the properties outlined above. Said notices shall set forth the passage of this Resolution of Intention, and 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 -3- • �. 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 adjourned/ introduced and read at a regular meeting of the City Council of the City of Redding on the 18th day of August , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Carter, Fulton ABSTAIN: COUNCIL MEMBERS: None ,(fr L/ KMAURIICE JOHANNESSEN, Mayor City of Redding ATTEST: .-- , FORM AP OVED%%771L11 4/1A/ ETHEL A. NICHOLS , City Clerk frIPANDALL A. HAYS, City Attorney -4- 411 December 2 , 1987 Job No. 86 .248 LEGAL DESCRIPTION FOR ABANDONMENTS PARCEL 2 : PUBLIC UTILITY EASEMENT Independence Lane as shown as "60' private road and public utility easement" over and across the northerly 60 feet of Parcel 1 , as shown on Parcel Map No. 179-80 , being a portion of the south half of Section 20 and the northwest quarter of Section 29, Township 32 North, Range 4 West, M.D.M., filed for record August 12 , 1980 in Book 21 of Parcel Maps at Page 3 , Shasta County Records. PARCEL 4 : ROAD SLOPE EASEMENT That portion of the southwest one-quarter of Section 20 , T.32.N. , R.4 .W. , M .D .M . City of Redding, State of California , more particularly described as follows: Commencing at the northwest corner of Parcel 1 as said parcel is shown on that map filed in Book 21 of Parcel Maps at Page 3 , records of the County of Shasta, State of California; thence, along the westerly line of said Parcel 1 S00°29'21 "E. , 446 .61 feet to the centerline of the future estension of Hawley Road; thence, leaving said westerly line along said centerline N16°27'22"W. , 9 .68 feet; thence, leaving said centerline S73°32'38"W. , 48.00 feet to the westerly right-of-way line of said future extension, the point of begin- ning of this description; thence, along said right-of-way line N16 27'22"W. , 700 .00 feet; thence, along a 1 ,048 foot radius curve to the right through a central angle of 10°56' 04" , an arc distance of 200.00 feet; thence, leaving said right-of-way line S02°56'31"W. , 102.88 feet to a point that is 20 feet westerly of sid right-of-way line; thence, parallel with said right-of-way line from a tangent that bears S10°59' 20"E. , along a 1 ,068 foot radius curve to the left, through a central angle of 05°28'02", an arc distance of 101 .91 feet; thence, S08°51'42"E., 302.65 feet to a point that is 60 feet westerly of said right-of-way line; thence, S22° 10'00"E. , 201 .00 feet to a point that is 40 feet westerly of said right-of-way line; thence, parallel with said right-of-way line S16°27'22"E., 100.00 feet; thence S38°15'27"E., 107.70 feet to the POINT OF BEGINNING. PARCEL 5 : 96' RIGHT OF WAY FOR FUTURE EXTENSION OF HAWLEY ROAD That certain strip of land shown as "96' Right-of-way for the future extension of Hawley Road" as shown on Parcel Map No. 81-81 filed for record December 8 , 1981 in Book 22 of Parcel Maps at Page 85 , Shasta County Records. EXHIBIT "A" - page 1 of 2 A-3-88 • • . December 2 , 1987 Job No. 86 .248 LEGAL DESCRIPTION FOR QUIT CLAIM PARCEL 3: 84' RIGHT-OF-WAY OFFERED FOR DEDICATION All that property situated in Section 20 and 29 , T.32.N. , R.4 .W. , M .D.M . County of Shasta , State of California, being a portion of that property granted to James L. McHale by grant deed recorded in Book 1088 , Official Records , Page 416 , Records of County of Shasta, more particularly described as follows: An 84 foot strip of land adjoining and westerly of the following described line: Commencing at the quarter corner of said Sections 20 and 29 ; thence, from said quarter corner along the mid-section line of said Section 20 N00°21 ' 39"W. ,656 .42 feet to the northeast corner of the south half of the southeast quarter of the southwest quarter of said Section 20 ; thence along the north line of said south half N88°39'09"W. , 880 .92 feet to the centerline of that 20 foot strip of land described as Parcel 2 in the contract and grant of easement from R. M . McHale, Sr. and M. Lsetta McHale to the United States Department of the Interior recorded in Book 807 , Official Records, Page 189 , Records of said County of Shasta, the point of beginning of this description; thence from said point of beginning, leaving said north line, along said centerline S16 20120"E . , 21 . 14 feet ; thence , S17°58'03"E. , 1905 .50 feet; thence, S14°3136"E. , 345 . 10 feet; thence leaving said centerline continuing S14°31 ' 36"E. , 458.06 feet to the north line of that 5.88 acre parcel shown on that map filed in Book 43 of Land Surveys at Page 157 , Records of said County of Shasta, the point of termination of this description from whence said quarter corner bears S88°23'24"E. , 116 .82 feet and N00°48' 14"W. , 1 ,936 .70 feet. EXHIBIT "A" - page 2 of 2 A-3-88