HomeMy WebLinkAboutReso 2006-145 - 2330 West St
e
e
, )
..:
RESOLUTION NO. 2006 - 145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING RESCINDING RESOLUTION 2006-85 AND
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-1O-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 lOa-year floodplain.
D. The Director of Development Services has investigated the proposed
abandonment and has advised the City Council that no public purpose described in California
Government Code Section 51056(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, IT IS 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:
e
e
J
a. The abandonment fee, if any, that the property owner must pay to the Shasta
County Treasurer has been paid in full.
4. The City Council elects to rescind Resolution 2006-85, which set the proposed
abandonment to be heard on Tuesday, August 1, 2006.
5. All persons interested in or objecting to the proposed abandonment will be heard on
Tuesday, September 5, 2006, 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 Avenue, Redding,
California.
6. The Director of Development Services 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 herein above set forth. Posting of the notices shall be
completed not less than 30 days prior to the date of the hearing.
7. 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 1st day of August, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mathena, Pohlmeyer, Stegall, and Murray
None
Dickerson
None
",,'
ATTEST:
APPROVED AS TO FORM:
,.
~~~
RICHARD A. DUVERNAY, lty Attorney
8-1-06
RESO\CC\Reso-A-2-~6~LT,CC~wpd .
, ,
~r"-( "
.
~
e
e
\
.,
.
Exhibit "A"
Abandonment of Open Space Easement
That portion of the "open space easement" within Parcel "B" as shown on Parcel Map
No. LS.I0-94, 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:
v
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 feel; thence leaving said South line
North 290)7'02" 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, a distance of 122.00 feet to the point of beginning.
c
bjlflo6
,
\~
,~
,0.
\:f:
,
,-
\~
,
,
~ $ lS2S''1'O. r;; ..-r~/~~l'J'
':z: $--- "I E y~.. "....
a ~ 15"2S~'O:--- 121 J2 ' ,.,.. / /' / ..
Ol E --...:_ "'.......... ,/' ,," ....
~\ 124.7J rorAi.--- t ,,/'.. :"," ,,/,.,:
a. ' .... "",, "..""
::IE , L" , " .. .. ,/ /' (J')
''''''''''
'\ "" /' ..'" ..' ,," ,,/ ,,/ A ~
"lQI"'....,.. ," ,,":"/ ,,'" ) S_
~ \ /' ,,",,' /' .... "I' ,,\8
~ , " /' /' I' ,," 1'1' "..\ ·
::!. ~<~~(~"SP~& ,,('1'\
\ ,.. " ~~~~O".)
r/,,, ,....~
t ....".1'.. .1', -
, ..".." , ,," /' ,,' , ~
\'''f.Cj'' ""./ .
, 1// ". /' , /' .. g
\ _, " , " "A
-4 ' , , " ,
-""V' .. , ,
~ PARCEL B ~~~:::i
\ '" ,/' .\
PER 31PM6 ' .. / J
\ ---'(~O.B.
L __----O'OO-=;--U4.72
- - S 810
.
.~
,.
e
\
.
.
"EXHIBIT B"
OPEN SPACE
TO REMAIN
e
LEGEND
BEARING D1STANC~
A S 82'00'00" W 9.00
B N 29"37'02" W 43.06
C N 79"14'32" W 26.07
0 N 08'00'11. W 65.21
E N 7S25'20. 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 31Pt.t6
REF. PARCEL MAP 31 PAGE 6
RECORDED 7 NOVEMBER 1994
ABANDONMENT OF A CERTAIN
PORTION OF OPEN SPACE AS
RECORDED 7 NOVEMBER 1994
^.... ",l,f"'\I"\r-1 '-IAn '7->1 t"\Af'\r'" ~
6'j/(,I/tJb
SCALE: 1" = 40'