HomeMy WebLinkAboutReso. 1985 - 149 - Declaring its intention to vacate and abandon an open space and public service easement 411
RESOLUTION NO. >_`-.0-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO VACATE AND ABANDON AN OPEN SPACE
AND PUBLIC SERVICE EASEMENT ACROSS THE PROPERTIES LOCATED AT
853 AND 881 SUNKIST COURT (A-7-85) .
WHEREAS, certain real property has been heretofore reserved
for open space and public service easement purposes across 853
and 881 Sunkist Court 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 easement 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 open space and
public service easement 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 open space and public service
easement purposes, except in the area of the 8-inch sewer cross-
ing the property located at 853 Sunkist Court; 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
ri.
4,
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 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 open
space and public service easement across properties located at
853 and 881 Sunkist Court, excepting the area of the 8-inch sewer
crossing the property located at 853 Sunkist Court.
BE IT FURTHER RESOLVED that all persons interested in or
objecting to the proposed abandonment will be heard on Tuesday,
September 3 , 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
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410 411
place of hearing as hereinabove set forth. At least three (3)
such notices as above set forth shall be posted, in the manner
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 5th day of August , 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
11(CCIPitk(VAt-1..-
HOWARD D. KIRKPTRICK, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM APPROVED:
RANrALL A. HAYS, City/Attorney
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• 111* .
Exhibit "A"
All that portion of the City of Redding described as follows:
The area shown as "Open Space and Public Service Easement" on the
rear portion of Lots 1 and 2 of the Sunset West Subdivision,
recorded September 9 , 1983 in Book 17 of Maps at page 20 , Shasta
County Records .
Excepting therefrom that portion lying westerly of the following
described line:
Commencing at the intersection of the centerline of Sunflower
Drive and the southerly boundary of said Sunset West Subdivision;
thence on and along said boundary, S. 63°43 ' 30" W. , 246 . 61 feet
to the point of beginning; thence running the following course :
N. 30°53 ' 52" W. to the westerly boundary of said Parcel 2 , the
point of termination.
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