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HomeMy WebLinkAboutReso 2002-145 - Lakeside DriveRecording Requested by: City of Redding Please Return to: City Clerk City of Redding 777 Cypress Avenue Redding, CA 96001 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 A.P.N. 104-560-30 Iii1111111111111111111111111111111 0:00--0051956 Recorded Official Records County Of 51'~iSTn CRIS PJ~IDREI~ Recorde~, ~9: ~ql~ 97-1~t-209~ REC FEE . ~ dps Page I of 4 RESOLUTION NO. 2002- / ~-~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING EXCESS RIGHT-OF-WAY FOR LAKESIDE DRIVE AND OTHER PUBLIC PURPOSES ON PROPERTY LOCATED AT 1747 RIDGE DRIVE (A-5-01). WHEREAS: A. The Record of Survey showing the approved plan line for Lakeside Drive was recorded in Book 47 of Land Surveys at page 214, Shasta County Records. B. The City Council, at its meeting of March 15, 1988, adopted the Official Plan Line for the portion of Lakeside Drive between Ridge Drive and Woodlawn Street. C. The owner of the property located at 1747 Ridge Drive has asked that the City vacate the excess right-of-way (for street and other public purposes) on said property as more particularly described in Exhibit A and shown on Exhibit B attached and made a part hereof by reference, as it has not been used for the purposes for which it was dedicated or acquired for at least five consecutive years immediately preceding the proposed vacation. D. The Engineering Division of the Development Services 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 vacation, and that--subject to the retention of a five-foot public service easement on the property located at 1747 Ridge Drive, adjacent to Lakeside Drive, as set forth in paragraph 2 hereof--the excess right-of-way is not required for street and other public purposes. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: The City Council elects to proceed in this matter under the provisions of the Public Streets, Highways and Service Easements Vacation Law as set forth in Section 8333, et seq., of the Streets and Highways Code of the State of California. The City Council approves the request to summarily vacate the excess right-of-way on the property located at 1747 Ridge Drive, as more particularly described in Exhibit A and shown on Exhibit B, SUBJECT TO RESERVING AND EXCEPTING a five-foot easement and right in favor of the City of Redding to erect, install, construct, remove, repair, replace, reconstruct, maintain and use for public service purposes any and all materials, fixtures, appliances, equipment, pipes, pipelines, wires, cables, including fiber optics, necessary for the transmission, distribution and delivery of electricity, water, sewer, storm water, gas, cable television, communications and information service utilities over, along, upon, under and across the above-referenced property, adjacent to Lakeside Drive, as depicted on Exhibit B, TOGETHER WITH the right to: (a) Grant said easement or a portion thereof to other public utilities or public agencies; (b) Review and control the planting, trimming, maintenance and/or removal of any trees or other plants within said easement; and (c) Enter upon said easement for the purpose of construction, replacement, maintenance and repair of pipelines and appurtenances. Grantee shall have the further right to pass through the contiguous real property of Grantor for access to the easement. Grantee shall reimburse Grantor for any damage to Grantor's real property caused by Grantee's use of Grantor's contiguous real property for access to the easement. o The excess right-of-way has not been used for the purposes for which it was dedicated or acquired for at least five consecutive years immediately preceding this vacation; is not required; and there are no other public facilities located therein. Therefore, from and after the date this resolution is recorded, the area hereby vacated--but not the five-foot public service easement set forth in paragraph 2 above being retained by the City---shall no longer constitute right-of-way for street and other public purposes. The-City Clerk is directed to cause a certified copy of this resolution of vacation, attested by the Clerk under seal, to be recorded 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 1st day of October., 2002, by the following vote: AYES: COUNCIL MEMBERS: Cibula, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None McGeorge, Pohlmeyer, Stegall and Kight PAT KIGHT, MaYor Attest: Connie Strohmayer, Form Approved: Brad L. Fuller, City Attorney 2 Revised October 17, 2001 September 27, 2001 Job No. 01.272 Abandonment Area EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of Section 7 of the P. B. Reading Grant, in the City of Redding, more particularly bounded as follows: On the West by the Easterly line of Lot 18, as shown on the map of Andrew's Subdivision filed for record in Book 7 of Maps at page 22, Shasta County Records; On the South and East by the Westerly line of Lakeside Drive as shown on the map entitled "Record of Survey of the Proposed Right of Way and Approved Plan Line for Lakeside Drive" filed for record March 31, 1988 in Book 47 of Land Surveys at page 214, Shasta County Records; On the North by a line more particularly described as follows: COMMENCING at a 6" x 6" Concrete Monument at the Southeast comer of Ridge Driver as shown on the map of Andrew's Subdivision filed record in Book 7 of Maps at page 22, Shasta County Records; thence along the Westerly line of Lot 18 as shown on said Andrew's Subdivision, South 08°25'26" West a distance of 56.95 feet; thence along a curve to the left having a radius of 170.00 feet, a central angle of 06° 17'49" with an arc length of 18.68 feet to the North line of that certain land described in the Quitclaim Deed dated August 22, 1990 and recorded September 12, 1990 in Book 2640 of Official Records at page 337, Shasta County Records; thence along said North line South 75°06'34" East a distance of 109.38 feet to the point of beginning; thence South 64°4618" East a distance of 40 feet more or less to the Westerly line of Lakeside Drive as shown on the map entitled "Record of Survey of the Proposed Right of Way and Approved Plan Line for Lakeside Drive" filed for record March 31, 1988 in Book 47 of Land Surveys at page 214, Shasta County Records and being the point of termination. / (A =06'17', R:170.00 L =18.68') / 6" X 6" CONC. MON. SE CORNER RIDGE DR. PER 7 M 22, P.O.C. APN 104-560-29 2640 OR 337 APN 104-560-30 { A =47o39'08" R= 170.00' L =141.39'} ( A = 02o49'29· R=170.00' L 50 0 25 50 1 INCH = 50 FEET OWNER APN 104-560-30 SHERLE WILLIAMS, ET AL 1747 RIDGE DR. REDDING, CA 96001 (S25°13'42"W) (14.20:), RECORD PER 47 LS 214 RECORD PER 7 M 22 RECORD PER BK 2640 OR 337 ~ AREA TO BE ABANDONED 2,430 SQ. FT. ( A =23'23'07/ R=270.00' ./ L =117.62'){ EXHIBIT "B" SUMMARY VACATION BEING A PORTION OF SECTION 7 OF THE P.B. READING GRANT, IN THE CITY OF REDDING COUNTY OF SHASTA, STATE OF CALFORNIA FOR CITY OF REDDING DATE: BY SHARRAH DUNLAP SAW~ER, INC. ENGINEERING · PLANNING · SURVEYING 3161 Bechelli Lone. Suite lO0.Redding, Co. 96002 (530) 221-1792 Fox (530) 221-8369 SEPTEMBER, 2001 SCALE: 1"=50'