HomeMy WebLinkAboutReso 2004-139 - 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. 070-190-06 & 07
2004-0058216-
Recorded I REC FEE .00
Official Records I
County Of I
SHASTA I
,CRIS ANDREWS I
Recorder I
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I l.jgas
10:32AM ll-Dct-2004 I Page 1 of 3
RESOLUTION NO. 2004-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARIL Y VACATING AN OFFER OF DEDICATION FOR A 20-FOOT
ROAD AND DRAINAG:E EASEMENT SHOWN WITHIN LOTS 6 AND 7 ON
THE MAP OF FAIRWAY GARDENS SUBDIVISION, RECORDED JULY 21,
1967, IN BOOK 13 OF MAPS AT PAGE 30, SHASTA COUNTY RECORDS
(3982 AND 3996 GOLF DRIVE; A-8-04).
WHEREAS:
A. A 20-foot road and drainage easement lying within the real property known as 3982
and 3996 Golf Drive (Lots 6 and 7) was offered for dedication to Shasta County on the map of
Fairway Gardens Subdivision, recorded July 21, 1967, in Book 13 of Maps at Page 30, Shasta
County Records (hereafter called the Easement).
B. At the time of recording, Shasta County rejected the offer of dedication on the map,
and this area has been annexed and is now within the Redding city limits.
C. Government Code Section 66477.2.(a) states that offers of this type remain open
and may be accepted at a later date by the legislative body without further action by the
subdivider, and Government Code Section 66477.2.(c) states that this type of open offer of
dedication may be terminated and abandoned by the legislative body in the same manner as
prescribed for summary vacation of streets by the Streets and Highway Code.
D. The owners of the property have asked that the City terminate and abandon its right
to accept the Easement, shown hatched on Exhibit A, attached and made a part hereof by
reference, since it has not been used for the purpose for which it was offered for dedication
within the last five years.
E. 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 tha.t the Easement, shown hatched on Exhibit A, is not required for
public use.
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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 Government
Code 66477.2.(c) and the California Streets and Highways Code, Section 8333.
2. The City Council approves the request to summarily vacate the offer of dedication for a
20-foot road and drainage easement lying within the real property known as 3982 and
3996 Golf Drive, offered for dedication on Lots 6 and 7 of the map of Fairway Gardens
Subdivision, recorded July 21, 1967, in Book 13 of Maps at Page 30, Shasta County
Records, shown hatched on attached Exhibit A.
3. The area being vacated has not been used for the purposes for which it was offered for
dedication for five consecutive years immediately preceding this vacation. The easement
is not required for public purposes, and there are no public facilities located therein.
Therefore, from and after the date this resolution is recorded, the offer of dedication for a
20-foot road and drainage easement, shown hatched on attached Exhibit A, shall be
vacated in its entirety aI1ld no longer constitute an open offer of dedication for road and
drainage 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 7th day of September, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBI~RS:
COUNCIL MEMBERS:
Cibula, Kight, Mathena, Stegall, and Pohlmeyer
None
None
None
R, Mayor
Attest:
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Form Approved:
LYNETTE M. FREDIANI,
Interim City Attorney
, ity Clerk
BY<-~/J.#~
BARRY E. DEWALT, Assistant City Attorney
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