HomeMy WebLinkAboutReso 2004-096 -Vacate Easement
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\ Recording Requested by
City of Redding
Please Return to
City Clerk
City of Redding
P.O. Box 496071
Redding, CA 96049-6071
Documentary Transfer Tax: None
City of Redding EXEMPT
Rev. & Tax. C.A. ~11922
NO FEE - CITY BUSINESS
Gov. Code ~6103
A.P.N. 068-570-22
Recorded
Official Records
Coun~~ Of
SHASTA
CRIS ANDREWS
Recorder
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02:J0PlIt 29-Jun-2004
RESOLUTION NO. 2004-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A 10-FOOT PUBLIC SERVICE EASEMENT
SHOWN ON LOT 8 OF WOODHA VEN HOMES, UNIT 5, RECORDED
JULY 3, 1985 IN BOOK 17 OF MAPS AT PAGE 82, SHASTA COUNTY
RECORDS (3379 FLINTWOOD WAY; A-3-04).
WHEREAS:
A. A 10-foot public service easement lying within the real property known as
3379 Flintwood Way was dedicated to the City of Redding on Lot 8 of Woodhaven Homes,
Unit 5, recorded July 3, 1985 in Book 17 of Maps at Page 82, Shasta County Records (hereafter
called the Easement).
B. The owners of the property have asked that the City vacate the 10-foot public
service easement as described in Exhibit "A" and shown hatched on Exhibit "B," attached and
made a part hereof by reference, as it has not been used for the purpose for which it was
dedicated or acquired within the last five years.
C. The Engineering Division of the Development Services Department has advised the
City Council that there are no in-place public utility facilities that are in use or would be affected
by the proposed vacation, and that the hatched portion of the Easement is not required for public
use.
NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND
ORDERS AS FOLLOWS:
1.
The City Council elects to proceed in this matter under the provisions of the California
Streets and Highways Code, Section 8333.
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2. The City Council approves the request to summarily vacate the 10-foot public service
easement lying within the real property known as 3379 Flintwood Way, dedicated to the
City of Redding on Lot 8 of Woodhaven Homes, Unit 5, recorded July 3, 1985 in
Book 17 of Maps at Page 82, Shasta County Records, as more particularly described in
attached Exhibit "A" and shown hatched on attached Exhibit "B."
3. The area being vacated has not been used for the purposes for which it was dedicated or
acquired for five consecutive years immediately preceding this vacation; it is not
required; and there are no public facilities located therein. Therefore, from and after the
date this resolution is recorded, the easement, as more particularly described in attached
Exhibit "A" and shown hatched on attached Exhibit "B," shall be vacated in its entirety
and no longer constitute an easement for public service purposes.
4. The City Clerk is directed to cause a certified copy of this resolution of vacation, attested
by the Clerk under seal, to be recorded in the office of the Shasta County
AssessorlRecorder.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 15th day of June, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Cibula, Kight, Mathena, and Pohlmeyer
None
Stegall
None
ER, MAYOR
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Attest:, - '. -
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Form Approved:
Connie .sfr~hmayer, pltf,e
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Brad L. Fuller, City Attorney
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ABANDONMENT OF PUBLIC SERVICE EASEMENT
EXHIBIT "A"
THIS DESCRIPTION IS FOR THE ABANDONMENT OF A PUBLIC SERVICE
EASEMENT OVER A PORTION OF LOT 8 OF WOODHA VEN HOMES, UNIT NO.
5, FILED FOR RECORD ON JULY 3, 1985 IN BOOK 17 OF MAPS AT PAGE 82,
SHASTA COUNTY RECORDS AND BEING IN THE EAST ONE-HALF OF
SECTION 8, TOWNSHIP 31 NORTH, RANGE 4 WEST, MOUNT DIABLO
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE ALONG
THE SOUTH LINE OF SAID LOT 8 SOUTH 68029'13" WEST, A DISTANCE OF
145.00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 21030'47" WEST, A
DISTANCE OF 10.00 FEET; THENCE PARALLEL TO THE SOUTH LINE OF SAID
LOT 8 NORTH 68029'13" EAST, ADISTANCE OF 134.53 FEET TO A POINT ON
THE NORTHEASTERLY LINE OF SAID LOT 8; THENCE ALONG SAID
NORTHEASTERL Y LINE, SOUTH 57049'57" EAST, A DISTANCE OF 14.48 FEET
TO THE POINT OF BEGINNING.
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EXISTING 10' P.SE. TO
BE ABANDONED.
EXISTING 10' P.SE. ~
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ABANDONMENT DF PUBLIC
SERVICE EASEMENT
IN LOT 8..0F W'OODHAVEN HOMES)
UNIT NO.5 PER 17-MAPS-82) IN
THE CITY OF REDDING) SHAST A
COUNTY) CALIFORNIA
MA Y 5, 2004
SCALE: 1//= 20'
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L.S. NO. 4389
8440 RED BANK ROAD, REDDING, CA 96001
(916) 243-0595