HomeMy WebLinkAboutReso 2002-172 - Highland AvenueRecording Requested by
CITY OF REDDING
Please Return to City Clerk
City of Redding
P.O. Box 496071
Redding, CA 96049-6071
Documentary Transfer Tax: None
City of Redding EXEMPT
Rev. & Tax. C.A. §11922
NO FEE - CITY BUSINESS
Gov. Code §6103
A.P. Nos. 103-430-012,013
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Official Records
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RESOLUTION NO. 2002-/';7 ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A PORTION OF THE 10' FOOT DRAINAGE
EASEMENT DEDICATED TO THE CITY AND LYING WITHIN
PARCELS 1 AND 2 OF THE PARCEL MAP RECORDED OCTOBER 15,
1979, IN BOOK 19 OF PARCEL MAPS AT PAGE 79, SHASTA COUNTY
RECORDS (1720 AND 1748 HIGHLAND AVENUE; A-4-02).
WHEREAS:
A. A 1 O-foot drainage easement lying within the real property known as 1720 and 1748
Highland Avenue was dedicated to the City of Redding on Parcels 1 and 2 of the Parcel Map
recorded on October 15, 1979, in Book 19 of Parcel Maps at page 79, Shasta County Records
(the "Easement").
B. The owner of the properties on which the Easement was dedicated is in the process
of granting a new public service easement to the City covering the location of the "Highland
Avenue Storm Drain Improvements," and has asked that the City vacate that portion of the
Easement described in Exhibit A and shown crosshatched on Evxhibit B attached and made a part
hereof by reference (the "Area of Vacation") as it will be superseded by relocation
C. The Engineering Division of the Development Services Department has advised the
City Council that there are no in-place public utility facilities within the Area of Vacation that are
in use or would be affected by the proposed vacation, and that--subject to the conditions set
forth below--the Easement within the Area of Vacation is not required for storm drain 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.
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2. The City Council approves the request to summarily vacate that portion of the lO-foot
drainage easement dedicated to the City of Redding on Parcels 1 and 2 of the Parcel Map
recorded on October 15, 1979, in Book 19 of Maps at page 79, Shasta County Records, as
more particularly described in Exhibit A and shown crosshatched on Exhibit B attached
hereto, PROVIDED THAT this summary vacation shall not become effective until the
following conditions have been satisfied:
(a) A new public service easement covering the location of the "Highland
Avenue Storm Drain Improvements" has been granted to the City of Redding
and recorded; and
(b) The "Highland Avenue Storm Drain Improvement" Project has been
completed.
3. There are no other in-place public utility facilities located within the Area of Vacation.
4. The Director of Development Services, or his designee, shall advise the City Clerk when
the above conditions have been met. At that time the portion of the drainage easement
being vacated will have been superseded by relocation. The City Clerk is then 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.
5. From and after the date this resolution is recorded, the area hereby vacated shall no longer
constitute a drainage easement for public purposes.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting ofthe City Council on the 3rd day of December, 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Kight, Mathena, pohlmeyer, Stegall and Cibula
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Attest:
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ConnieStr6~mayer, City 'erk--
Form Approved:
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Brad L. Fuller, City Attorney
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EXHIBIT "A"
All that portion of the 10.00 foot Storm Drqinage Easement shown on that Parcel Map,
Recorded in Book 19, of Parcel Maps at Page 79, Shasta County Records.
Excepting therefrom that portion of said Easement lying 5.00 feet on either side of
Course #1 and Course #4 as shown on said Parcel Map.
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