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Home My WebLink AboutReso 2007-062 - Abandon Open Space e ,~~~~1~~~1~1!~14 \. t . '. I REC FEE I I I I I I I ZL 01:40PM 10-May-2007 I Page 1 of 5 Recorded Official Records County of Shasta Leslie Morgan Assessor-Recorder RECORDING REQUESTED BY: CITY OF REDDING WHEN RECORDED RETURN TO: CITY OF REDDING CITY CLERK'S OFFICE, 3RD FLOOR 777 CYPRESS AVENUE REDDING, CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Resolution No. 2007-62, Abandoning a Portion of a Public Open Space Easement on Property Located at 3007 and 3049 Sunglow Drive and 3040 and 3052 Stonecrest Place (A-5-06) ~f 0.00 ~ -J \ cp - e. ". RESOLUTION NO. 2007 - 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ABANDONING A PORTION OF A PUBLIC OPEN SPACE EASEMENT ON PROPERTY LOCATED AT 3007 AND 3049 SUNGLOW DRIVE AND 3040 AND 3052 STONE CREST PLACE (A-5-06) WHEREAS: A. On March 6, 2007, by Resolution No. 2007-34, the City Council adopted a resolution of intention to abandon the hereinafter-described portion of an open-space easement (hereinafter referred to as the "Area of Abandonment"). B. Proceedings have been duly conducted and held in accordance with the provisions of California Government Code Section 51090, et seq. C. The portion being considered for abandonment was acquired by dedication with the recording of Subdivision Map No. S-16-89, recorded April 1991 in Book 20 of Record Maps at page 30, Shasta County Records, Shasta County, California. D. This portion of open space is not a continuum of any larger open-space area, is not necessary to protect any sensitive habitat, does not include any watercourses, and is not needed for utility purposes. Therefore, the applicant has asked that the City abandon this portion of public open-space easement described in Exhibit "A" and shown hatched on Exhibit "B," attached and made part hereof by reference. E. The Engineering Division of the Transportation and Engineering 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 abandonment and that the hatched portion on Exhibit "B" is not required for public use. F. This abandonment is subject to the conditions set forth in paragraph 6 of this resolution being satisfied prior to the recording of this resolution in the office of the Shasta County Recorder. When the conditions have been met, the area of abandonment will not be needed for public use. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The City Council elects to proceed in this matter under the provisions of the California Government Code Section 51090. 3. The City Council makes the following findings in connection herewith: a. That no public purpose described in California Government Code Section 51084(b) will be served by keeping the land as open space. ~ :3 \ <J"- JJ -~ - e b. That the abandonment is not inconsistent with the purposes of Article 4, Termination of an Open Space Easement, of California Government Code Section 51090, et seq. c. That the abandonment is consistent with the Redding General Plan. d. That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to it. 4. A portion of certain real properties in the City of Redding, County of Shasta, State of California, being an open-space easement dedicated to the City of Redding with the recording of Subdivision Map No. S-16-89, more particularly described in Exhibit "A" and shown hatched on Exhibit "B" herein by reference, is hereby vacated and abandoned as open space. 5. The City Clerk of the City of Redding hereby is directed to record a certified copy of this Resolution, attested to by the City Clerk under the seal of the City of Redding, in the office of the Shasta County Assessor/Recorder. 6. The portion of the open-space easement dedicated to the City of Redding, described as the area of abandonment, is hereby abandoned subject to the condition that this abandonment shall not become effective nor shall this resolution be recorded until the abandonment fee, if any, that the property owner must pay to the Shasta County Treasurer has been paid in full. 7. When the Director of Development Services advises the City Clerk that the above conditions have been met, the City Clerk is directed to record a certified copy of this resolution, attested by the City Clerk under seal, in the office of the Shasta County Assessor/Recorder. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 17th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEJ.\tffiERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, Murray, Stegall, and Dickerson None None None cPd~ DICK DICKERSON, Mayor ATTEST: FORM APPROVED: ';I- ~. ," Clerk r;7V .4>=;;? ~7 RICHARD A. DUVERNAY, C' Attorney -- e '. II.' . Exhibit "A" All that property situate in Section 16 of the P.R Reading Grant in the City of Redding, Shasta County, California, more particularly described as follows: Lot 26, 20-M-30 Commencing at the Northeasterly corner of Lot 26 of that certain map recorded in Book 20 of Maps at Page 30, Shasta County Records; thence along the Northerly line of Lot 26, S82006'02"W 42.62 feet to the point of beginning; thence S28' 41 '21 "W 33.79 feet; thence SSI008'01 "W 146.17 feet; thence N7So30'26"W 72.S0 feet; thence N70039'31 "E 107:74 feet; thence N53'56'38"W 61.90 feet to a point on the Westerly line of said Lot 26, also being on the open space easement as shown an said map; thence along said open space easeinent line the following courses, S86006'36"E 222.72 feet; thence N80026'18''E 37.80 feet; thence N46030'12"E 36.04 feet; thence N08'25'0 1 "E 24.10 feet to a point on the Northerly line of said Lot 26; thence along said Northerly line S82'06'02"E 63.38 feet to the point ofbeginiling. Lot 29, 20-M-30 Beginning at the Southeasterly corner of said Lot 29 of that certain map recorded in Book 20 of Maps at Page 30, Shasta County Records; thence N80044'17''W 66.05 feet to the open space easement as shown on said map; thence N430lO'37"E 116.74 feet to a point of the Northeasterly line of said Lot 29; thence along said Northeasterly line, S08' 43'13 "W 96.88 feet to the point of beginning. Lot 5, 20-M-64 Beginning at the Northeasterly corner of Lot 5 of that certain map recorded in Book 20 of Maps at Page 64, Shasta County Records; thence along the Easterly line of said Lot 5, S220II'17"W 47.35 feet to the open space easement as shown on said map; thence N25048'57"W 56.39 feet to . the Northerly Line of said Lot 5; thence along said Northerly line S80044'17''E 43.00 feet to the point of beginning. Lot 6, 20-M-64 Beginning at the Northwesterly corner of Lot 6 ofthat certain map recorded in Book 20 of Maps at Page 64, Shasta County Records; thence along the Northerly line of said Lot 6, S80' 44'17"E 28.25 feet; thence S08032'03"E 98.42 feet to a point on the Easterly line of said Lot 6 and the \ open space easement; thence along said open space easement, N46007'47"W 83.74 feet to a potht on the Westerly line of said Lot 6; thence N220II'17"E 47.35 feet to the pint of beginning. I I ;-~.~ . . tXHIBIT //B// INE ABLE . CI' .. LIN LENGTH BEARING L1 116.73' S430lO'37'\,/ L2 96.88' N080 43'13'E L3 66.05' N80044'17'\,/ L4 43.00' S80044'17'E L5 56.39' S25048'57'E L6 47.35' S22011'17'\,/ L7 28.25' S80044'17'E L8 98.42' S08032'03'E L9 83.74' S46007'47'E LlD 222.72' S86006'36'E Ll1 37.80' N80026'18'E Ll2 36.04' N46030'12'E Ll3 24.10' NOs025'01'E Ll4 63.38' S8 006' 2' .. ~ ~ ~ :II JI JI :II :II JI JI JI .JIl " " " -- >1/ ~":> " ... ...:~:'" ... "... ~ a::()) zWco JI JI JI JI " .0 0... <<> (/)1- JI JI " J~:~~g5 JI", ~'z .~ I'- JI JI " JI " JI" ~ .<('(/)<e<<:t l.O a::. <<> JI JI ... JI JI " " JI 1'-..1- Jlw S" _JI ... JI ... - - ....... JI " JI - - \... JI JI JI ... \" JI JI ... ... \, :II JI JI .>>I ,,() \ JI JI JI JI \ \JI JI JI " \ JI JI " 3007 SUNGLO\./ DR. APN 108-53-17 3049 SUNGLO\./ DR. APN 108-53-26 3040 STONECREST PL. APN 108-55-05 3052 STONECREST PL. APN 108-55-06 A-5-06 EASEMENT V ACA nON FOR SIGNATURE NORTH\./EST PARTNERSHIP 1822 BUENA VENTURA, SUITE #105, SUITE #105 REDDING, CA., 96001 SCALE: 1'=100' DATE: 04-02-07