HomeMy WebLinkAboutReso 2006-085 - Public Open Space Easement
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RESOLUTION NO. 2006 - ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING DECLARING ITS INTENTION TO
ABANDON A PORTION OF A PUBLIC OPEN-SPACE
EASEMENT LOCATED ON A MULTIPLE-FAMILY
RESIDENTIAL LOT AT 2330 WEST STREET (A-2-06)
RECITALS:
A. An open-space easement for slope protection was created on Parcel "B" of Parcel
Map LS-l 0-94, recorded in Book 31 of Maps at page 6, Shasta County Records.
B. The proposed "Area of Abandonment," as described in Exhibit A and shown on
the map attached hereto and made a part hereof by reference, is a portion of the open-space
easement referenced in paragraph A.
C. The proposed Area of Abandonment was established as a "no-build" area, rather
than to retain a functional open space or protect a sensitive habitat; therefore, it does not meet the
criteria for inclusion as "Open Space" in the City of Redding General Plan, and it is not within a
100-year floodplain.
D. The Director of Public Works has investigated the proposed abandonment and has
advised the City Council that no public purpose described in California Government Code
Section 51 056(b) will be served by keeping the proposed Area of Abandonment as open space.
E. The Planning Commission held a public hearing regarding the proposed
abandonment and, at the conclusion of the hearing, recommended that the Area of Abandonment
be abandoned as open space.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. The foregoing recitals are true and correct.
2. The City Council elects to proceed in this matter under the provisions of California
Government Code Section 51090, et seq., with the provision that this resolution shall be
deemed a RESOLUTION OF INTENTION.
3. No public purpose described in Government Code Section 51056(b) will be served by
keeping the land as open space. Therefore, the City Council intends to and hereby
declares its intention to abandon that portion of the open-space easement described in
Exhibit A and shown on the map attached hereto, SUBJECT TO THE CONDITION that this
abandonment shall not become effective until:
~ The abandonment fee, if any, that the property owner must pay to the Shasta
County Treasurer has been paid in full.
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4. All persons interested in or objecting to the proposed abandonment will be heard on
Tuesday, August 1,2006, at the hour of7 p.m. or as soon thereafter as the matter may be
heard, in the City Council Chambers located at 777 Cypress A venue, Redding, California.
5. The Director of Public Works is hereby instructed to post or cause to be conspicuously
posted notices of vacation along the proposed Area of Abandonment. The notices shall
set forth the adoption of this resolution of intention and the date, hour, and place of the
hearing as hereinabove set forth. Posting of the notices shall be completed not less than
30 days prior to the date of the hearing.
6. The City Clerk shall certify to the passage and adoption of this resolution of intention and
cause the same to be published once in a newspaper of general circulation in the City of
Redding at least 30 days before the date set for public hearing of protests to the proposed
abandonment.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 20th day of June, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
ATTEST:
FORM APPROVED:
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RICHARD A. DUVERNAY, ty Attorney
6.7-06 c',
RESOICCIA206-0S Ilsnl(-We~~~t-L~~<:"wpd, '
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Exhibit "A"
Abandonment of Open Space Easement
That portion of the "open space easement" within Parcel "B" as shown on Parcel Map
No. LS-1O-94, recorded November 7, 1994 in Book 31 of Parcel Maps at page 6, Shasta
County Records, in the City of Redding, Shasta County, California, described as follows:
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Beginning at the Southeast comer of said Parcel "B"; thence along the South line of said
Parcel "B" South 82000'00" West, a distance of 9.00 feet; thence leaving said South line
North 29037'02" West, ,a distance of 43.06 feet; thence North 79014'32" West, a distance
of 26.07 feet; thence North 8000' 11" West, a distance of 65.21 feet; thence North
75025'20" West, a distance of 3.41 feet; thence North 8000'00" West, a distance of 28.46
feet; thence North 82000'00" East, a distance of 28.84 feet to the northerly line of said
Parcel "B"; thence along the northerly line of said Parcel "B" South 56006'59" East, a
distance of 32.05 feet; thence along the Easterly line of said Parcel "B" South 8000'00"
East, adistance of 122.00 feet to the point of beginning.
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"EXHIBIT B"
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OPEN SPACE
TO REMAIN
A.P.N. 104-390-081
REF. PARCEL MAP 31 PAGE 6
RECORDED 7 NOVEMBER 1994
ABANDONMENT OF A CERTAIN
PORTION OF OPEN SPACE AS
RECORDED 7 NOVEMBER 1994
ON PARCEL MAP 31 PAGE 6
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LEGEND
BEARING DISTANC'
A S 82"00'00. W 9.00
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B N 29037'Ot W 43.06
C N 79"14'32. W 26.07
D N mrOO'll. W 65.21
E N 75025'20. W 3.41
F N 08"00'00. W 28.46
G N 82"00'00. E 28.84
OPEN SPACE
EASEMENT AS
SHOWN ON 31PM6
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SCALE: 1" = 40'