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HomeMy WebLinkAboutReso 82-171 - Declaring its Intention to Vacate and Abandon Unimproved Right of Way of Sonoma Street, Schley Avenue and West Street Adjacent to the Property Located at 1905 Sonoma Street (A-5-82) .' ` • RESOLUTION NO. $2-/7/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE AND ABANDON UNIMPROVED RIGHT OF WAY OF SONOMA STREET, SCHLEY AVENUE AND WEST STREET ADJACENT TO THE PROPERTY LOCATED AT 1905 SONOMA STREET, (A-5-82) . WHEREAS, certain real property has been heretofore reserved for street purposes , and said property consists of unimproved right of way of Sonoma Street, Schley Avenue and West Street, 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 streets 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 public 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 public street 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 • •V property be abandoned, subject to the following stipulations , with reference to parcels as identified in Figure 2 : A. Conditions applied to Parcels 1 , 3 and 5 1. The adjacent property owner, receiving rights to Parcels 1 ,. 3 and 5, is to sign a deferred improvement agreement for installation of curb, gutter , sidewalk and an eight-foot paved shoulder adjacent to Schley Avenue and Sonoma Street, at the time of development of the property, provided that for Parcel 5 an underlying fee interest must be shown . 2 . The retention of a ten-foot-wide public service ease- ment centered on the existing sewer line in West Street in Parcel 1. 3 . The retention of a 16-foot-wide bicycle and pedestrian public service easement between the future cul-de-sac on West Street and the future extension of Schley Avenue. The easement would include the area of the ten-foot-wide sewer easement plus six feet on the east side. Precise development plans of the parcel to the west may involve shifting of the location of the ease- ment to traverse the slope. 4 . The adjacent property owner west of the centerline of Schley Avenue is to sign a deferred improvement agree- ment for installation of the west half of a ten-foot- wide paved bicycle and pedestrian path between Schley Avenue and West Street, with an adequate grade. (The property owner to the east would build the other lane if abandonment occurs . ) 5. Drainage improvements are to be constructed at the time of development as per the requirements of the Depart- ment of Public Works . 6 . The property owner is to quitclaim the road area shown north of Parcel 5 to the City for street purposes . 7 . The entire area of Parcels 3 and 5 and parts of Parcel 1 , shown in Figure 2 , are to be retained as public service easements . Development may require channel improvements that could refine some of these easement boundaries at a later date. • -'2- B. Conditions applied to Parcels 4 and 6 •1. The adjacent property owner, receiving rights to Parcels 4 and 6 , shown in Figure 2 , shall dedicate the right- of-way along the south side of Sonoma Street as shown on Figure 2 -and shall sign a'deferred improvement agreement for the installation of curb, gutter and sidewalk and pavement tie-in along Sonoma Street on condition that the evidence of underlying fee ownership is submitted to the satisfaction of the City Attorney. 2 . The retention of both Parcels 4 and 6 as public service easements . 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 Highways Code of the State of California, with the provisions that this resolu- tion shall be deemed an ordinance of intention; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows , to-wit: 1 . That all of the foregoing recitals are true and correct. 2. That the City Council intends to and hereby declares its intention to vacate and abandon the above described portions of Sonoma Street, Schley Avenue and West Street, adjacent to the property located at 1905 Sonoma Street, subject to the stipula- tions hereinabove set forth. BE IT FURTHER RESOLVED that all persons interested in or objecting to the proposed abandonment will be heard on Monday, December 6 , 1982 , at the hour of 7 : 30 p.m. , at the City Council Chambers and Police Department Building at 1313 California Street -3- 2 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 i 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 street right of way. 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 City of Redding on the 18th day of October , 1982 , and was duly adopted at said meeting by the following vote : AYES: COUNCILMEN: Demsher, Fulton, Kirkpatrick, and Pugh NOES : COUNCILMEN: None ABSENT: COUNCILMEN: Gard -4- • . • • V J • A eg 17.ki , `VI'CE MAYOR Cit f REd"ding ATTEST: ETH e- NIGH L , city Clerk r `LPL L�G%7✓�-�-!/ }F�d-r,N�A l FORM APPROVED: l RAN ALL A. HAYS, City,Attorney • -5- EXHIBIT A LEGAL DESCRIPTION Beginning at the southeasterly corner of that certain parcel described in Book 1063 at page 22 , official records of Shasta County , being a point on the westerly right of way line of West Street; thence along said westerly right of way, N. 8° 00' 00" W. , 205.17 feet; thence N. 58° 53' 00" W. , 168.68 feet; thence N. 46° 42 ' 00" W. , 60.00 feet to the northwesterly line of Octavia Street; thence N. 43° 18' 00" E. , 51 .57 feet; thence on a 15.00 foot radius curve to the left, a distance of 23.50 feet more or less; thence on a 250.00 foot radius curve to the right for a distance of 22 feet; thence S. 68° 17 ' 00" E, 97 feet; thence on a 30 foot radius curve to the right, a distance of 27.20 feet; thence S. 16° 17 ' 00" E. , 44 feet; thence along a 280.00 foot radius curve to the left, a distance of 118 feet more or less to the point of inter- section with the northerly extension of the centerline of West Street; thence along said centerline S. 8° 00' 00" E. , 166 feet more or less to the easterly extension of the southerly line of said parcel described in book 1063 at page 22; thence along said easterly extension, in a westerly direction to the point of beginning.