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HomeMy WebLinkAboutReso 2004-111 - Vacate Easement , #," .. ~.', / . . 1111111111111111111111111111111111 ~ R~cording Requested by City of Redding Please Return to City Clerk City of Redding P.O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: NOllle City of Redding EXEMPT Rev. & Tax. C.A. ~11922 NO FEE - CITY BUSINESS Gov. Code ~6103 A.P.N. 102-190-026,027,028, 029,030,031, & 035 2004-0041990 Recorded I REC FEE .00 Official Records I County Of I SHASTA I CRIS ANDREWS I Recorder I I I czaas 02:37PM 21-Jul-2004 I Page 1 of 2 RESOLUTION NO. 2004-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARIL Y VACATING A PORTION OF AN EASEMENT FOR AN ELECTRIC LIGHT AND POWER TRANSMISSION POLE LINE GRANTED TO THE NORTHERN LIGHT AND POWER COMPANY IN 1908, RECORDED IN BOOK 98 OF DEEDS AT PAGE 463, SHASTA COUNTY RECORDS, AS MORE P ARTICULARL Y DESCRIBED HEREIN (A-5-04). WHEREAS: A. An easement for an electric light and power transmission pole line was granted to the Northern Light and Power Company by easement recorded May 6, 1908 in book 98 of deeds at page 463, Shasta County Records ("the easement"). The City of Redding is the Successor in interest to the Northern Light and Power Company easement. B. The exact location and extent of this easement cannot be determined from the record. C. The owners of the property located at 2600, 2640, 2650, 2660, 2670, 2750, and 2790 Park Marina Drive, also being Parcels 1, 2, 3,4, 5, 6, and 7 as shown on the map recorded in Book 33 of Parcel Maps at Page 67, have asked that the City vacate any portion of "the easement" that may lie within the herein stated property. D. The Engineering Division of the Development Services Department has advised the City Council that there are no in-place electric utility facilities that are in use or would be affected by the proposed vacation. 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 8330 et seq. cr k I - - ~ .j. .' , -? . " -', . 2. The City Council approves the request to summarily vacate any portion of the easement for an electric light and power transmission pole line that may lie within the property described in Recital C of this resolution. 3. "The easement" has not been used for the purposes for which it was dedicated or acquired for five consecutive years immediately preceding this proposed vacation. Therefore, from and after the date this resolution is recorded, that portion of "the easement" shall be vacated and no longer constitute an easement for an electric light and power transmission pole line. 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 Assessor/Recorder. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 6th day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Attest: I .I/Ir' -. ~&,-~~ CONNIE STROHMAY.ERr City CI , \. , . <. " Cibula, Kight, Mathena, Stegall, and Pohlmeyer None , Mayor Form Approved: L YNETfE M. FREDIANI . {nte~ 3~ A~mey 6cp~ BARRY E. DEWALT, Assistant City Attorney 2