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HomeMy WebLinkAboutReso 2007-209 - Shasta View Gardens . . RESOLUTION NO. 2007 - 209 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 2006 THROUGH 2124 TUSCANY DRIVE IN THE VILLAGES AT SHASTA VIEW GARDENS SUBDIVISION (A-I-06) RECITALS: A. An open-space easement for natural greenway protection was dedicated along the rear portions of Parcels I through lIon the final map for The Villages at Shasta View Gardens Subdivision, as recorded in Book 74 of Maps at page 30, Shasta County Records. B. The proposed "Area to be Abandoned," as shown in Exhibit A, attached hereto and made a part hereof by reference, is a small portion of the total open-space easement referenced in paragraph A. C. The area proposed for abandonment was graded as part of development of the approved subdivision improvement plans; has slopes less than 20 percent; and is not within a 100-year floodplain; therefore, it does not meet the criteria for inclusion as "Open Space" as identified in Policies NRI0A and NRI0C of the City of Redding General Plan. D. The Transportation and Engineering Director has investigated the requested abandonment and has advised the City Council that no public purpose described in California Government Code Section 51056(b) will be served by maintaining the proposed Area to be Abandoned as open space. E. The Planning Commission held a public hearing regarding the proposed abandonment and, at the conclusion of the hearing, determined that the abandonment request is consistent with the Redding General Plan, and the abandonment action (project) is Categorically Exempt in accordance with Section 15305 of the California Environmental Quality Act Guidelines. 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. v ~ ~ -Q . . 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. 4. All persons interested in or objecting to the proposed abandonment will be heard on Tuesday, December 18, 2007, 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. 5. The Transportation and Engineering Director is hereby instructed to post or cause to be conspicuously posted notices of vacation along the proposed Area to be Abandoned. 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 6th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, Murray, and Dickerson None Stegall None ~t~ DICK DICKERSON, Mayor " \, ATIEST:' ;-, >-. , ,..r.- "'~", '-., .. \ ~ .~ :: "':\,", "IiI' . " ". /' ..... ",""...l". :;' .......-\... --'> : ~-.7'0:-:;:: FORM APPROVED: CONNIE:S.TROHMA Y , - ":~.~ ~. ~ -'. ~/- RICHARD A. DUVERNA ity Attorney ~ . \. DATE: AUGUST, 2007 , ADJUSTED PARCEL a 50 02550 ~~ 1 INCH = 50 FEET I "'T .. A LVI I"" / I ^T LEGEND ,-v, IiiiI AREA TO BE ~ ABANDONED LOTS 1-3 PER PLA-18-06 DOC # 2007-0039047 LOTS 4-6 PER PLA-19-06 DOC # 2007-0039048 LOTS 7-9 PER PLA-20-06 DOC # 2007-0039049 LOTS 10-11 PER PLA-21-06 DOC # 2007-0039050 I "T L.VI ~ ~~ '10 1>~ C2 ~~ ~ CJ~ ~q - > LOT 151 - LOT 150 ITEM Lft>ll) ATTACHMENT-k- EXHIBIT B-1 PORTION OF PARCEL B AS SHOWN ON THE VILLAGES, 23 MAPS 74, SHASTA COUNTY RECORDS. IN THE CITY OF REDDING, COUNTY OF SHASTA, STATE OF CALIFORNIA FOR VILLAGE DEVELOPMENT COMPANY BY e SI!ARIlAH DONL.\P SAmR, INC. ~I - ENGINEERING. PLANNING . SURVEYING _ 3161 Bechelli Lone.Suite l00'Redding, Co. 96002 (530)221-1792 Fax (530) 221-8369 SCALE: 1"= 50' SHEET 2 OF 2