HomeMy WebLinkAboutReso 2022-101 - Rescinding Resolution Nos. 2020-055 and 2022-057 Thereby Returning the Effected Property to its Status Quo AnteRESOLUTION NO. 2022-101
WHEREAS, on May 19, 2020, the City Council of the City of Redding adopted Resolution No.
2020-055, which had the effect of declaring certain property, described by legal description in
Exhibit A, attached and incorporated herein, as exempt surplus property pursuant to the Surplus
Property Act (Gov. Code section 54220 et seq.); and
WHEREAS, on May 19, 2020, the City Council of the City of Redding adopted Resolution No.
2020-057, which had the effect of declaring the right-of-way described in Exhibit A as vacated
pursuant to Streets and Highways Code section 8334; and
WHEREAS, the aforementioned acts of the City Council were challenged in the case of Redding
Rancheria v. City of Redding (Shasta County Case No. 195 5 00) filed on July 30, 2020; and
WHEREAS, on May 17, 2022, the Honorable Judge Tamara L. Wood issued a ruling (the
"Order") declaring that that substantial evidence did not support the adoption of the
aforementioned resolutions and that a writ of mandate is granted; and
WHEREAS, on September 12, 2022, the Honorable Judge Tamara L. Wood issued a final ruling
ordering that the City Council void and set aside its decisions in summarily vacating the right-of-
way addressed in Resolution No. 2020-057 and declaring the underlying fee title of the real
property as exempt surplus land in Resolution No. 2020-055;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. Resolution Nos. 2020-055 and 2020-057 are hereby rescinded and shall have no force or
effect.
3. The property described in Exhibit A is hereby returned to the status quo existing prior to
the adoption of Resolution Nos. 2020-055 and 2020-057.
4. The City Attorney is authorized to take all actions necessary to inform the Court of the
adoption of this Resolution and to comply with Court directives accordingly.
5. This Resolution shall take effect immediately upon its adoption by the City Council.
N
0
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular
meeting of the City Council of the City of Redding on the 20th day of September, 2022, by the
following vote:
AYES:
COUNCIL MEMBERS: Mezzano, Resner, Winter, and Schreder
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Dacquisto
ABSTAIN:
COUNCIL MEMBERS: None
F.1%
PAMELA MIZE, (VClerk
el"
KRISTEN SCHRkDlffR, Mayor
FORM APPROVED:
BARRY E. Dewn"Olr' City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
The land described herein is situated in the State of California, County of Shasta, City of Redding,
described as follows:
Being aportion o{land located inUaSovthwps One -Quarter ofSection l7,Tnwnsh|p3lNnrth,Kange4
West, rN.D.w,in the City cfRedding, Shasta County, State ofCalifornia, more particularly described as
All that portion of Bechelli Lane (formerly County Road 11 -Sha -3 -AB) as described in that certain
Relinquishment vfHighways Right ofWay inthe County cf Shasta, Road O2'6Hx'5'68R-18.8RRequest
No. 10003 recorded November 30, 1966 in Book 901 at Page 382, Official Records of Shasta County and
being a portion of Location 8 indicated by shading on those certain maps filed for record April 19, 1965
in State Highway Map Book 7 at pages 8 through 27, inclusive, Shasta County Records, more particularly
described asfollows:
Beginning mthe Southerly most corner vfthat 0.93acre parcel described mthat Grant Deed mthe City
ofRedding recorded onJuly21, 1977 /oBook l44ZatPage S46Official Records ofShasta County and
being a point on the Westerly line of Parcel I -A as described in the Final Order of Condemnation
recorded September 12, 1963 in Book 758 at Page 224, Official Records of Shasta County; thence South
14^57'42^East along said Westerly line a distance of 158.61 feet; thence continuing along said Westerly
line South 13*19'10 East a distance of 144.62 feet more or less to a point on the Southerly fine of Section
I7and being the Southeasterly corner wfParcel 1'[ asdescribed insaid Final Order of[ondemnahvn/
thenceSoothn9^42'3I^Easta|onQtheSuuthedy|\nevfsaid Section 17adistance qf 61.73 feet to
point onthe Westerly line uf State Highway Interstate 5asshown onRecord ofSurvey recorded inBook
]6mfLand Surveys atPage 53(36L56]);thence North l3^1g'10rWest along the Westerly line of
Interstate S (36 LS 53), also being the Easterly line of said Location 8 a distance of 305,15 feet; thence
North l7~*7'O8^West along said Westerly line ofmter5mtaG(36L553)and the Easterly line ofsaid
Location 8adistance nfz7.53feet; thence leaving said westerly line ofInterstate 5and at aright angle,
South 72^12'5Z^West adistance n[63.37feet tothe point nfbeginning.
APw: mnQ7V 180-034
Containing 0.44 acres. more or less.
wiJUME