HomeMy WebLinkAboutReso 2002-173 - Rockaway SubdivisionRecording 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.N. None
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Official Reco~s
CRI5 P. NDRE~8
Recoiler
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RESOLUTION NO. 2002- / '7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A PORTION OF VIEW AVENUE RIGHT-OF-
WAY-WAY DEDICATED ON THE MAP OF ROCKAWAY SUBDIVISION
RECORDED IN BOOK 6 OF MAPS AT PAGE 3, SHASTA COUNTY
RECORDS IA-2-01].
WHEREAS:
A. The area proposed for vacation dedicated to the County of Shasta as road for
public use forever, and acquired by the City through annexation--is shown as a portion of View
Avenue on the map of the Rockaway Subdivision recorded on July 1, 1939, in Book 6 of Maps at
page 3, Shasta County Records.
B. The owner of the property on which the proposed area of vacation was dedicated
has asked the City to vacate the area described in EXHIBIT "A" and shown hatched and
crosshatched on EXHIBIT B attached and made a part hereof by reference, as said area has been
superseded by relocation.
C. The Engineering Division of the Development Services Department has advised the
City Council that, SUBJECT TO:
The City of Redding retaining "EASEMENT 1" and "EASEMENT 2" as
more particularly set forth in EXHIBIT "A" and shown crosshatched on
EXHIBIT B attached hereto, for the purposes therein stated and including
the rights reserved unto the City,
there are no in-place public utility facilities that are in use or would be affected by the proposed
vacation, and that the area proposed for vacation is not required as road for public use.
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 Califomia.
The City Council approves the request to summarily vacate the area described in
EXHIBIT "A" and shown hatched and crosshatched on EXHIBIT B attached and made a
part hereof, SUBJECT TO:
The City of Redding retaining "EASEMENT 1" and "EASEMENT 2" as
more particularly set forth in EXHIBIT "A" and shown crosshatched on
EXHIBIT B attached hereto, for the purposes therein stated and
including the rights reserved unto the City.
The area being vacated has been superseded by relocation and there are no other public
facilities located therein. Therefore, from and after the date this resolution is recorded,
the area hereby vacated (which does not include the two easements and rights reserved
unto the City as set forth in paragraph 2 above) shall no longer constitute a road for
public purposes.
o
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 3rd day of December, 2002, by the following vote:
AYES: COUNCIL MEMBERS: Kight,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mathena, Pohlmeyer, Stegall andCib~la
/
~ayor
Attest:
-Ci~le/
Connie Strohmayer, rk
Form Approved:
Brad L. Fuller, City Attorney
2
SUMMARY VACATION OF A PORTION
OF VIEW AVENUE
November 19, 2001
1244.01
EXHIBIT "A"
All that real property in Section 31, Township 32 North, Range 4 West, M.D.M., in the City of
Redding, County of Shasta, as shown on Exhibit "B" of PLA-24-01, filed for record in
Document 2001-0036090, Shasta County Records, more particularly described as follows;
Commencing at the Northwest comer of Parcel 2 as shown on said Document; thence, along the
West line of said Parcel 2, S.00°34'01"E., 3.45 feet, to the TRUE POINT OF BEGINNING;
thence, along the arc of a 12.50 foot radius curve, concave to the Southeast, having a radial
bearing ofN.48°52'10"W., a central angle of 07°06'05", and an arc length of 1.55 feet to a point
of compound curvature; thence along the arc of a 49.50 foot radius curve, concave to the
Southeast, having a radial bearing ofN.55°58'lS"W., a central angel of 21°01'41", and an arc
length of 18.17 feet to a point of compound curvature; thence, along the arc of a 149.50 foot
radius curve, concave to the East, having a radial bearing ofN.76°59'56"W., a central angle of
! 3034'05" and an arc length of 35.40 feet; thence, S.00°34'01"E., 498.28 feet; thence, along the
arc ora 39.50-foot radius curve, concave to the Northeast, having a central angle of 46°52'44",
and an arc length of 32.32 feet, to a point in said West line; thence, along said West line,
N.00°34'0 I"W., 579.89 feet to the Point of Beginning containing 0.16 acres more or less.
Reserving therefrom the following two easements:
EASEMENT 1
Commencing at the Northwest comer of Parcel 2 as shown on said Document; thence, along the
West line of said Parcel 2, S.00°34'01"E., 3.45 feet to the TRUE POINT OF BEGINNING;
thence, along the arc of a 12.50-foot radius curve, concave to the Southeast, having a radial
beating ofN.48°52'10"W., a central angle of 07°06'05" and an arc length of 1.55 feet, to a point
of compound curvature; thence, along a 49.50 radius curve, concave to the Southeast, having a
radial bearing ofN.55°58'lS"W., a central angle of 21°01'41" and an arc length of 18.17 feet, to
a point of compound curvature; thence, along the arc of a 149.50 foot radius curve, concave to
the East, having a radial bearing ofN.76°59'56"W., a central angle of 13°34'05", and an arc
length of 35.40 feet; thence, S.00°34'01"E., 35.01 feet; thence, N.89°25'59"E., 12.50 feet to a
point on said West line; thence, along said line, N.00°34'01"W., 87.79 feet to the Point of
Beginning, containing 0.02 acres more or less.
EASEMENT 2
Commencing at the Southwest comer of Parcel 1 as shown on said Document; thence, along the
West line of said Document, N.00°34'01"W., 13.66 feet to the TRUE POINT OF BEGINNING;
thence, continuing along said West line, N.00°34'01"W., 153.25 feet; thence, S.89°25'59"W.,
12.50 feet; thence, parallel with said West line, S.00°34'0 I"E., 124.42 feet; thence, along the arc
of a 39.50-foot radius curve, concave to the Northeast, having a central angle of 46o52'44'', and
an arc length of 32.32 feet, to the Point of Beginning, containing 0.04 acres more or less.
THE PURPOSE(S) OF THE EASEMENT shall be 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 and cables (including fiber optics) necessary for
the transmission, distribution and delivery of electricity, water, sewer, storm water, gas, cable
television, communication and information service utilities over, along, upon, under and across
the parcel of real property described hereon as Easement 1 and Easement 2.
GRANTOR FURTHER RESERVES the fight to:
1. Grant said easement or a portion thereof to other public utilities or public
agencies;
2. Review and control the planting, trimming, maintenance and/or removal of any
trees or other plants within said easement; and
3. 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 ot
the easement.
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