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HomeMy WebLinkAboutReso. 1985 - 136 - Declaring its intention to vacate and abandon a street right of way on canby road south of dana drive RESOLUTION NO. 3s-7, 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE AND ABANDON A STREET RIGHT OF WAY ON CANBY ROAD SOUTH OF DANA DRIVE AND NORTH OF STATE HIGHWAY 44 AND ON DANA DRIVE EAST AND WEST OF THE CHURN CREEK OVERPASS AND NORTH OF STATE HIGHWAY 44 (A-6-85) . WHEREAS, certain real property has been heretofore reserved for street right of way purposes on Candy Road and Dana Drive in the City of Redding as the same is set forth on map and plan on file in the office of the City Clerk of the City of Redding, and a portion of said street rights of way proposed to be abandoned, being more particularly described in Exhibit "A" 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 the said above described property will not be necessary or convenient for street purposes; and WHEREAS, the Director of Public Works of the City of Redding has duly investigated the proposed abandonment of the subject property and has recommended to the City Council no indication that it will ever be required for street right of way purposes; and WHEREAS, the Planning Commission of the City of Redding has held a public hearing regarding the abandonment of said property and at the conclusion of said hearing has recommended that the unimproved portion of the property be abandoned; and WHEREAS, the City Council of the City of Redding elects to proceed in this matter under the provisions of the Public • S Streets , Highways and Service Easements Vacation Law as the same is set forth in Section 8300 , et seq. , of the Streets and High- ways Code of the State of California, with the provisions that this resolution shall be deemed an ordinance 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 cor- rect. 2. That the City Council intends to and hereby declares its intention to vacate and abandon the above described street right of way on Canby Road south of Dana Drive and north of State Highway 44 and on Dana Drive east and west of the Churn Creek Overpass and north of State Highway 44 . BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Monday, August 5 , 1985 , at the hour of 7: 00 p.m. at the City Council Chambers and Police Department Building at 1313 California Street in the City of Redding. 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 three hundred (300) feet in distance apart and along the line of property now proposed to be abandoned, notices of this intention to vacate and abandon this easement. 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 as above set forth shall be posted, in the manner -2- • S above set forth, and posting of said notices shall be completed not less than fifteen (15) days prior to the date of 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 printed in the City of Redding at least fifteen (15) days before the date set for public hearing of protests to the aforesaid proposed vacation. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 15th day of July , 1985 , and was duly adopted at said meeting by the following vote : AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None /072X;IL-te-42...(47rti,4241 HOWARD D. KIRKPIPRICK, Mayor City of Redding ATTEST: ETHEL A. NICHOLS , City Clerk FORM A'PROVED: RANNALL A. HAYS, *Y-Attorney -3- • • • • Exhibit "A" All that portion of the City of Redding described as follows : The right of way for old Dana Drive for a distance of approxi- mately 650 feet easterly from the intersection of Dana Drive and Canby Road, excepting therefrom the right of way for the exten- sion of Churn Creek Road and the easterly half of Canby Road between Highway 44 and Dana Drive. -4-