HomeMy WebLinkAboutReso. 1984 - 221 - Declaring its intention to vacate and abandon the unimproved section of lincoln street .
RESOLUTION NO. 5V-2_21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO VACATE AND ABANDON THE UNIMPROVED
SECTION OF LINCOLN STREET LOCATED BETWEEN CALIFORNIA AND
WALDON STREETS (A-1-83) .
WHEREAS, certain real property has been heretofore reserved
for road purposes in the unimproved section of Lincoln Street
between California and Waldon Streets 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
right of way is 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 right of
way 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
property be abandoned.
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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 portion
of the street right of way on Lincoln Street between California
and Waldon Streets, subject to the following conditions:
a. A deferred improvement agreement is to be entered
into which provides that, at the time of develop-
ment of the area to be abandoned, the property
owner shall install curb, gutter and sidewalk
along Waldon Street and California Street,
together with paving between the new gutter and
existing pavement.
b. Retention of a ten-foot easement for the existing
sewer line as depicted on the exhibit.
c. Retention of a public service easement adjacent to
Waldon Street for the 115-kv and 12-kv power
lines.
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d. The drainage channel is to pass a 100-year flood
through the property.
BE IT FURTHER RESOLVED that all persons interested in or
objecting to the proposed abandonment will be heard on Monday,
November 19, 1984 , at the hour of 7 : 30 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 access. 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
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
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City of Redding on the 15th day of October , 1984 , 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
Az7,47(Pie:
HOWARD D. KIRK PATRICK, Mayor
City of Redding
ATTEST:
ETHEL A. NIC OLS, City Clerk
FORM APPROVED:
' ANDALL A. HAYS, City Attorney
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Exhibit "A"
All that certain real property situated in the County of Shasta,
State of California, described as follows:
Parcel 1 :
All that portion of Lincoln Street described as follows:
Bounded on the north by the centerline of Lincoln Street,
bounded on the west by the northerly extension of the
easterly line of Lot 1 , Block "C" , Waldon' s Addition, as per
map thereof recorded October 13 , 1887 , in Volume Old Plats,
at Page 43, bounded on the east by the westerly line of
California Street as shown on said map.
Parcel 2 :
All that portion of Lincoln Street described as follows:
Bounded on the east by the westerly line of California
Street, bounded on the south by the centerline of Lincoln
Street, bounded on the west by the southerly extension of
the westerly line of the property conveyed to J. Silveira
and Edward M. Kwan, per instrument recorded December 3,
1981 , in Book 1855 of Official Records at page 174, Shasta
County Records, as per map thereof, recorded October 13,
1887, in Volume Old Plats at page 43.
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