HomeMy WebLinkAboutReso. 1987 - 172 - Declaring the intention to vacate a portion of churn creek road righ of way Tr_ ,
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RESOLUTION NO. 37'17a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO VACATE A PORTION OF CHURN CREEK
ROAD RIGHT-OF-WAY LOCATED IMMEDIATELY SOUTH OF MISTLETOE
LANE (A-3-87) .
WHEREAS, certain real property, namely a street right-of-way
as described in Exhibit "A" attached hereto and incorporated
herein by reference, has been heretofore reserved, as the same is
more particularly set forth on a map and/or plan 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 said portion of the Churn
Creek Road right-of-way located immediately south of Mistletoe
Lane, as described in Exhibit "A" attached hereto, 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
the above-described street right-of-way, and has advised the City
Council that there is no indication, subject to retaining public
service easements as described herein, that it will ever be
required; and
WHEREAS, the Planning Commission of the City of Redding has
held a public hearing regarding the abandonment of said portion
of the above-described street right-of-way, and at the conclusion
of said hearing has recommended that said street right-of-way as
described in Exhibit "A" attached hereto be abandoned, subject to
retaining the public service easements described therein; 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
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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 and abandon a portion of the Churn Creek
Road right-of-way located immediately south of Mistletoe Lane, as
described in Exhibit "A" attached hereto and incorporated herein
by reference, subject to retaining the public service easements
described therein.
BE IT FURTHER RESOLVED that all persons interested in or
objecting to the proposed abandonment will be heard on Tuesday,
July 7, 1987 , 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 portion of said street right-of-way. 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 (3) such notices shall be posted in the manner set
forth above, and posting of said notices shall be completed not
less than fifteen (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 fifteen (15)
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411 411
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 2nd day of June , 1987 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST:�
�iC.c...L� -
ETHEL A. NICHOLS, City Clerk
FORMAT PROVED:
RANDALL A. HAYS, City Attorney
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EXHIBIT "A"
All those portions of the City of Redding, County of Shasta,
State of California, described as follows:
PARCEL 1:
The Easterly sixty feet (60 ' ) of the following-described
Parcel, and as shown on Map 1 attached hereto and
incorporated herein by reference:
Commencing at the northeast corner of Section 6 , T31N, R4W,
M.D.M. ; thence on and along the east line of said Section 6
S 00°39 ' 52" W, 50 . 00 ' to the point of beginning; thence
running the following bearings and distances:
Continuing on and along said east line of Section 6 ,
S 00°39 ' 52" W, 420 . 90 ' to a point on the easterly
right-of-way line of Churn Creek Road; thence on and along
said right-of-way line from a tangent which bears
N 15°07 ' 33" W on a 795 . 00 ' radius curve to the left through
a central angle of 2°11 ' 12" , a distance of 30. 34 ' ; thence
N 17°18 ' 45" W, 360 . 49 ' ; thence on a 37. 17 ' radius curve to
the right through a central angle of 107°44 ' 47" , a distance
of 69 . 90 ' to a point on the southerly right-of-way line of
Mistletoe Lane; thence on and along said right-of-way line
S 89°33 ' 58" E, 84. 87 ' to the point of beginning, containing
0. 64 acres.
RESERVING THEREFROM a five foot (5 ' ) Public Service Easement
over the northerly five feet (5 ' ) and the southwesterly five
feet (5 ' ) of the above-described sixty-foot (60 ' ) strip.
ALSO RESERVING THEREFROM a fifteen foot (15 ' ) Public Service
Easement over the westerly fifteen feet (15 ' ) of said
sixty-foot (60 ' ) strip.
PARCEL 2:
The following-described Parcel, and as shown on Map 2
attached hereto and incorporated herein by reference:
Commencing at the northeast corner of Section 6 , T31N, R4W,
M.D.M. ; thence S 00°39 ' 52" W, 50. 00 ' to the point of
beginning, said point lying on the southerly right-of-way
line of Mistletoe Lane; thence running the following
bearings and distances:
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On and along said right-of-way line S 89°33 ' 58" E, 31 . 80 ' ;
thence leaving said right-of-way line from a tangent which
bears S 20°37 ' 06" W on a 30. 00 ' radius curve to the left
through a central angle of 19°57 ' 14" , a distance of 10 . 45 ' ;
thence S 00°39 ' 52" W, 611 . 18 ' ; thence N 89°01 ' 52" W, 0. 16 '
to a point on the easterly right-of-way line of Churn Creek
Road; thence on and along said right-of-way from a tangent
which bears N 00°29 ' 06" W on a 795. 00 ' radius curve to the
left through a central angle of 14°38 ' 27" , a distance of
203. 15 ' ; thence leaving said right-of-way line N 00°39 ' 52"
E, 420. 90 ' to the point of beginning.
RESERVING the above-described Parcel for a Public Service
Easement.
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