HomeMy WebLinkAboutReso 2005-055 - Yolla Bolly Trail
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R.ESOLUTION NO. 2005-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING DECLARING ITS INTENTION TO
VACATE THAT PORTION OF A' PUBLIC-SERVICE
EASEMENT ADJACENT TO PROPERTY LOCATED AT
624 YOLLA BOLLY TRAIL (ABANDONMENT A-2-05)
WHEREAS
1. The ten-foot -wide public-service easement lying adjacent to property located at 624 Y olla
Bolly Trail was first acquired by the City of Redding in December 2004 by the final
subdivision map for Shasta Hills Estates, Subdivision S-15-03, Phase 3, Unit 1, recorded in
Book 23 at page 64, Shasta County Official Records.
2. Fee title to this and the adjacent property is vested in Redwood Shasta Investors, L.P., a
Georgia Limited Partnership.
3. Jordan Taylor of Redwood Shasta Investors has requested that the City of Redding abandon
a five-foot-wide portion of the ten-foot-wide public-service easement lying adjacent to
624 Y olla Bolly Trail in Shasta Hills Estates, Phase 3, Unit 1. The area proposed for
vacation is more particularly described in EXHIBIT "A" and shown hat<:hed on
EXHIBIT "B" attached and made a part hereof by reference, hereafter called "Area of
Vacation."
4. The purpose of the public-service easement was to accommodate a sidewalk and planned
utilities. With placement of utilities on the other side of Y olla Bolly Trail, the entire
easement width is no longer necessary.
5. The Planning Commission ofthe City of Redding held a public hearing on April 12, 2005,
regarding the proposed vacation and, at the conclusion ofthe hearing, recommended that the
Area of Vacation be vacated.
6. The Engineering Division of the City's Development Services Department has invt~stigated
the proposed vacation and has advised the City Council that the area proposed for vacation
is not necessary for existing or future public use.
NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES, AND RESOLVES
as follows:
A. The foregoing recitals are true and correct.
B. The proposed vacation is categorically exempt from the California Environmental Quality
Act under Section 15305, Minor Alterations in Land Use Limitations.
C.
The proposed vacation is consistent with the General Plan.
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D. The City Council elects to proceed in this matter under the provisions of the Public Streets,
Highways and Service Easement Vacation Law as set forth in Section 8300, et seq., of the
Streets and Highways Code ofthe State of California, with the provision that this re:solution
shall be deemed a Resonution of Intention.
E. The proposed Area of Vacation is unnecessary for present or prospective public use as a
public-service easement. Therefore, the City Council intends to and hereby dedares its
intention to vacate that portion of a public-service easement lying adjacent to 624 Y olla
Bolly Trail as more particularly described in EXHIBIT "A" and shown hatched on
EXHIBIT "B" attached hereto.
F. All persons interested in or objecting to the proposed vacation will be heard on Tuesday,
June 7, 2005, at the hour of 7 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chambers located at 777 Cypress Street, Redding, California.
G. The Development Services Director, or his designee, is hereby instructed to post or cause to
be conspicuously posted notices of vacation along the line ofthe proposed Area of V acation
as set forth in Section 8323 of the Streets and Highways Code. The notices shall set forth
the adoption of this Resolution of Intention and the date, hour, and place of the hearing as
set forth above. At least three such notices shall be posted in the manner set forth above, and
the posting of the notices shall be completed at least two weeks prior to the date of the
hearing.
H. The City Clerk shall cause a Notice of Public Hearing to be published in a newspaper of
general circulation in the City of Redding for two successive weeks before the date set for
the public hearing on this proposed vacation.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City Council on the 3rd day of May 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
None
None
None
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Attest: ~.',~
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Form Approved:
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Clerk
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RICHARD A. DUVERNAY ity Attorney
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April 13, 2005
Job No. 04.162
EXHffiIT "A"
LEGAL DESCRIPTION
ABANDONMENT OF A PORTION OF A PUBLIC SERVICE EASEMENT
ADJACENT TO 624 YOLLA BOLLY TRAIL
All that certain real property situate in the City of Redding, County of Shasta, State of
California, more particularly described .as follows: .
The Westerly 5.00 feet of the Easterly 10.00 feet ofthe Southerly 87.00 feet of Lot 327,
as shown on the map of Shasta Hills Estates Subdivision S-15-03, Phase 3, Unit 1 fHed
for record December 30, 2004 in Book 23 of Maps at page 64, Shasta County Records.
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EXHIBIT B
SUMMARY VACATION
A PORTION OF LOT 327 AS .SHOWN ON THE
MAP RECORDED IN BOOK 23 MAPS 64, BEING
A PORTION OF SECTION 29 T. .3i2 N., R. 4 W.,
M.D.M., IN THE CITY OF REDDING, COUNTY OF
SHASTA, CALIFORNIA
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LEGEND
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AREA TO BE VACATED
435 SQ. FT.
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SIGNED:
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DATE:
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FOR
REDWOOD SHASTA
INVESTORS
BY
SHARRAH DUNLAP SAWYER, INC.
ENGINEERING. PLANNING . SURVEYING
3161 Bechelli Lane.Suite 100.RE:dding, Ca. 96002
(530) 221-1792 Fax (5;30) 221-8369
JANUARY, 2005 SCALE:' 1"=30'
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