HomeMy WebLinkAboutReso. 2024-033 - Summary vacating portion of Old 44 Drive adjacent to parcel 3 as shown on parcil map no LS-7-87Recording Requested by
City of Redding
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City Clerk
P.O. Box 496701
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. 110-270-027
Leslie Morgan
Shasta -Assessor/Recorder
04/15/2024 0301 PM
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RESOLUTION NO. 2024-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING THE CITY'S INTEREST IN A PORTION OF
OLD 44 DRIVE ADJACENT TO PARCEL 3 AS SHOWN ON PARCEL
MAP NO. LS -7-87 FILED
SHASTA COUNTY RE(
2023-01097)
WHEREAS:
IN BOOK 27 OF PARCEL MAPS AT PAGE 28,
ORDS (ABANDONMENT APPLICATION A-
A. The portion of Old 44 Drive being considered for summary vacation is described in
Exhibit "A" and depicted on Exhibit "B" attached and made a part hereof by reference.
The owner of the adjacent parcel has asked that the City vacate this portion of Old 44
Drive.
B. This portion of Old 44 Drive has not been used for roadway purposes and is not required
for street or highway purposes.
NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, ANI:
ORDERS AS FOLLOWS:
1. The recitals set forth above are true, correct and are hereby adopted as findings of fact.
2. Pursuant to Streets and Highways Code 8334, the City Council determines this portion of
Old Oregon Trail to be excess and is unnecessary for present or prospective public street
use.
The City Council approves the request to summarily vacate this portion of Old Oregon
Trail adjacent to Parcel 3 as shown on the Parcel Map No. LS -7-87 as filed in Book 27 of
Parcel Maps at Page 28, Shasta County Records as described in Exhibit "A" and shown
on the attached Exhibit 1113.11
4. The City reserves and excepts from this vacation pursuant to the provisions of Section
8340 of the Streets and Highways Code for benefit of Pacific Gas and Electric Company,
the permanent easement and right at any time and from time to time to construct,
reconstruct, maintain, operate, replace, remove, repair, renew and enlarge lines of pipes,
conduits, cables, wires, poles, electrical conductors, and other equipment, fixtures and
appurtenance for the operation of electric, gas and communication facilities, including
access and also the right to trim and cut down trees and brush that may be a hazard to the
facilities, keep the property free from inflammable material; and prevent any building or
structure near said facilities.
The vacation of this portion of Old 44 Drive is consistent with the General Plan. This
action will: reduce maintenance needs of public streets; will not preclude uses consistent
with current zoning; and encourages design compatible with its surroundings.
6. The vacation of this portion of Old 44 Drive qualifies as Categorically Exempt from
environment review under the California Environmental Quality Act Guidelines Section
15305 — Minor Alterations in Land Use Limitations. No changes in land use or density
will occur and areas affected contain an average slope of less than 20%. There is no
possibility that this action will have a significant impact on the environment.
7. 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 and adopted at a regular
meeting of the City Council of the City of Redding on the 2nd day of April, 2024, by the
following vote:
AYES: COUNCIL MEMBER: - Dacquisto, Mezzano, Munns, Winter, and Audette
NOES:
COUNCIL MEMBER: - None
ABSENT:
COUNCIL MEMBER: - None
ABSTAIN:
COUNCIL MEMBER: - None
SHARLENE TIPTO'N,'C-'ity Clerk
TENESSA AUD14% Mayor
FR W 11 11111TA 14 lyllfflff"Tun
CHRISTIAN M. CURTIS, City Attorney
EXHIBIT
ALL THAT PROPERTY BEING LOCATED OVER A PORTION OF THE RIGHT OF WAY AT THE INTERSECTION OF OLD 44 DRIVE AND
OLD OREGON TRAIL FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA IN BOOK 27 OF PARCEL MAPS AT
PAGE 28 IN THE COUNTY OF SHASTA, STATE OF CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF COMMENCEMENT, BEING A FOUND WITNESS CORNER PER THE RECORD OF SURVEY RECORDED IN
BOOK 44 OF LAND SURVEYS PAGE 145 AND DATED DECEMBER 1980, THENCE N 7337'40" E 34.97 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY OF OLD 44 DRIVE BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SOUTH RIGHT OF WAY,
N 89'45'03' W 240.60 FEET, THENCE THRU A CURVE TO THE LEFT WITH A DISTANCE OF 58.14 FEET, A RADIUS OF 50.00
FEET AND A CENTRAL ANGLE OF 66'37'45" TO A POINT ON A PROLONGATION OF THE EASTERLY RIGHT OF WAY OF OLD
OREGON TRIAL.. THENCE ALONG SAID PROLONGATION S 23'37'12" W 69.24 FEET, THENCE N 73'37'40" E 327.66 FEET
THROUGH THE POINT OF COMMENCEMENT TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.29 ACRES MORE OR LESS.
P.G.&E.
"RESERVING therefrom pursuant to the provisions of Section 8340 of the Streets and Highways Code for the benefit of
Pacific Gas and Electric Company, the permanent easement and the right at any time and from time to time to construct,
reconstruct, maintain, operate, replace, remove, repair, renew and enlarge lines of pipes, conduits, cables, wires, poles,
electrical conductors, and other equipment, fixtures and appurtenances for the operation of electric, gas, and communication
facilities, including access, and also the rights to trim and cut down trees and brush that may be a hazard to the
facilities; keep the property free from inflammable materials; and prevent any building or structure near said facilities ."
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