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Home My WebLink AboutReso 2004-037 - Vacate property . . RESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE THAT SEGMENT OF ARGYLE ROAD STREET RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 3901 AIRPORT ROAD (ABANDONMENT A-4-03) WHEREAS 1. The section of Argyle Road, lying adjacent to property located at 3901 Airport Road, was first acquired by the State of California for a public highway in September 1943 by the document titled "Deed-Highway" recorded in Book 137 at page 323, Shasta County Official Records. The State of California relinquished the road to Shasta County in December 1943 by the document titled "Relinquishment of Military Road II-SHA-FDR DA-WR 54" recorded in Book 137 at page 336, Shasta County Official Records. The City of Redding acquired this section of road from Shasta County through the annexation of this area. 2. Fee title to this and the adjacent property is vested III Colburn R. Thomason and Valdene Thomason. 3. Clover Creek Village LLC has requested that the City of Redding abandon that section of Argyle Road lying adjacent to 3901 Airport Road to accommodate construction of a new access road from Airport Road to the Clover Creek Village Planned Development. The area proposed for vacation is more particularly described in EXHIBIT "A" and shown hatched on EXHIBIT "B" attached and made a part hereof by reference, hereafter called "Area of Vacation. " 4. The proposed new access for the Clover Creek Village Planned Development is a section of Ii collector street between Shasta View Drive and Airport Road shown on the City of Redding General Plan Land Use Diagram. 5. The Planning Commission of the City of Redding held a public hearing regarding the proposed vacation and, at the conclusion of the hearing, recommended that subject to the Conditions of Approval set forth in paragraph "E" of this resolution the Area of V acation be vacated. 6. The Engineering Division ofthe City's Development Services Department has investigated the proposed vacation and has advised the City Council that subject to the Conditions of Approval set forth in paragraph "E" of this resolution, which includes the City of Redding reserving and excepting from the vacation all easements and rights to maintain, operate, replace, remove, or renew all public utility facilities, the area proposed for vacation is not necessary for existing or future public-street purposes. Page 1 C) ~ .. W ~ . . NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES, AND RESOLVES as follows: A. The foregoing recitals are true and correct. B. The environmental Mitigated Negative Declaration prepared for Abandonment Application A-4-03 adequately addresses the environmental impacts ofthe proposed vacation. C. The proposed vacation is consistent with the General Plan. D. The City Council elects to proceed in this matter under the provisions of the Public Streets, Highways and Service Easement Vacation Law as set forth in Section 8300, et seq., of the Streets and Highways Code of the State of California, with the provision that this resolution shall be deemed a Resolution of Intention. E. The proposed Area of Vacation is unnecessary for present or prospective public use as a street. Therefore, SUBJECT TO the Conditions of Approval set forth below, the City Council intends to and hereby declares its intention to vacate that section of Argyle Road lying adjacent to 3901 Airport Road as more particularly described in EXHIBIT "A" and shown hatched on EXHIBIT "B" attached hereto: Conditions of Approval 1. The abandonment shall not become effective nor shall the resolution of abandonment be recorded until all improvements to Airport Road and Argyle Road required for the development ofthe first phase ofthe Clover Creek Planned Development (PD-1-00 and S-15-02) are completed and accepted by the City of Redding. 2. A public-service easement shall be granted to the City of Redding over the entire area of abandonment. 3. Within the abandonment street section, the applicant shall be responsible for the removal of the existing road base and asphalt; land remediation through seeding with native or occurring grasses; and any necessary striping, marking, or barricade placement in accordance with the specifications ofthe City Engineer. F. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, April 6, 2004, at the hour of 7 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Street, Redding, California. G. The Development Services Director, or his designee, is hereby instructed to post or cause to be conspicuously posted notices of vacation along the line of the proposed Area of V acation as set forth in Section 8323 of the Streets and Highways Code. The notices shall set forth the adoption of this Resolution of Intention and the date, hour, and place of the hearing as Page 2 . . set forth above. At least three such notices shall be posted in the manner set forth above, and the posting of the notices shall be completed at least two weeks prior to the date of the hearing. H. The City Clerk shall cause a Notice of Public Hearing to be published in a newspaper of general circulation in the City of Redding for two successive weeks before the date set for the public hearing on this proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 16th day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Cibula, Kight, Mathena and Stegall COUNCIL MEMBERS: None COUNCIL MEMBERS: Pohlmeyer COUNCIL MEMBERS: None , , Mayor Attest: Form Approved: ~ /. {:LL fA-- Brad L. Fuller, City Attorney 2-18-04 Reso\CC\A403-Abandon ArgyleAt390J Airport-DD-CC. wpd Page 3 -' . A-4-03 EXHIBIT "A" . - .' ./ LEGAL DESCRIPTION ABANDONMENT OF A PORTION OF ARGYLE ROAD All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: A portion of the west one-half of the Southeast one-quarter of Section 10, Township 31 North, Range 4 West, M.D.M., more particularly described as follows: A portion of that certain 80 foot wide right of way granted to the State of Cali fomia by Highway Deed recorded September 8, 1943, in Book 137 of Official Records at Page 323, Shasta County Records, more particularly described as follows: Commencing at Point "G" as described in Parcel 3 of the Grant Deed to the State of California, recorded April 10, 1963 in Book 740 of Official Records at Page 295, Shasta County Records; thence from said Point of Commencement North 81020'25" West, 219.56 feet along the exterior line of said Parcel 3 (740 OR 295) to a point on the east line of said 80 right of way (137 OR 323); thence South 64037' 13" West, 80.00 teet continuing along the exterior line of said Parcel 3 (740 OR 295) to the west line of said 80 foot right of way (137 OR 323) and the TRUE POINT OF BEGINNING ofthis description; thence, leaving the west line of said 80 foot right of way (137 OR 323), South 25022'47" East, 150.00 feet continuing along the exterior line of said Parcel 3 (740 OR 295); thence South 78038' 56" East, 91.22 feet continuing along the exterior line of said Parcel 3 (740 OR 295) to a point on the east line of said 80 foot wide right of way (137 OR 323); thence from said point southerly along a curve to the right, having a radius of 3040 feet, from which the radius point bears South 68028'43" West, through a central angle of 8030'27" an arc distance of 451.38 feet along the east line of said 80 foot wide right of way (137 OR 323) to a point on the west line of said Parcel 3 (740 OR 295); thence South 0009'34" West, 692.82 feet along the west line of said Parcel 3 (740 OR 295) to a point on the west line of said 80 foot wide light of way (137 OR 323); thence from said point northerly along a curve to the left having a radius of 2960 feet from which the radius point bears North 89050'26" West, through a central angle of 25032'21", an arc distance of 1319.40 feet along the west line of said 80 foot wide right of way (137 OR 323) to the TRUE POINT OF BEGINNING. Containing an area of 1.287 acres, more or less. IMAGED A-4-03 SCARBROUGH 2564 OR 297 '9' . . . 80' lC) :: ~ ~C\I :: ct:.: '-0 ~a ~~ L2 Q ~ Q: "'P. -:t" vJ....~~... 'AJ -" ~ .28 ........ ~ 5 g.fir;:6\f>.t.. 0 -.... ~r . <6. THOMASON 3386 OR 336 PARCEL A LINE L1 L2 L3 L4 BEARING S 64 ~7'13" W N 81 ~0'25" W S 25'"22'4r E S 78~8'56" E DISTANCE 80.00' 219.56' 150.00' 91.22' V' ~ U'. ~- ~ ~ IS ~ ~ C) it CURVE RADIUS DEL TA LENGTH C1 3040.00' 8~0'27" 451.38' ... THOMASON 3386 OR 336 PARCEL 8 f\\ \ ~ t,l ~ \ to ~ \ \ .. \ ~ t'.,j\ ~\ ..... to, ~ ~, ;,.\ ~ ~\ ~ ~ \ a \ CI) VICINITY MAP NOT TO SCALE ~O. 2060.01 tLfl2:2g~~~,-'tI___ RADIAL ~ ""5 ~ ". ...., - 80' LAND SURVEYING &. DEVELOPMENT 8792 AIRPORT ROAD REDOING, CALIFORNIA 96002 7El..(5.JO) 223-9088 FAX(5.JO) 223-9091 PLAT TO ACCDMPANY LEGAL IJESCRIPTION ::' -; r.J((J. BH FOR ABANIJONMENT OF A SCAlE ''"=200' PDRTIDN OF ARGYLE ROAIJ DA 3-05-04 ~! DATe C.r TY OF REIJIJING SHASTA COUNTY CALIFORNIA ~:E1:' OF: , IMAGED