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HomeMy WebLinkAboutReso 2003-019 - Vacate Butte StRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE BUTTE STREET BETWEEN COURT AND WEST STREETS, AND THE ALLEY BETWEEN BUTTE AND TEHAMA STREETS (A-7-02). WHEREAS: 1. The portion of Butte Street lying between Court Street and West Street, and the alley between Butte Street and Tehama Street, were acquired by the City of Redding as easements for public street and public alley purposes, respectively, by implied dedication on the map of the Town of Redding, Shasta County, California, recorded in th& Office of the County Recorder on September 25, 1872, in Book of Old Plats at page 65, Shasta County Records. 2. Fee title to this and the adjacent properties is vested in "The County of Shasta in the State of California." 3. The County of Shasta Public Works Department has requested that the City of Redding abandon that portion of Butte Street lying between Court and West Streets, and the alley between Butte and Tehama Streets, to accommodate the construction of its proposed Shasta County Administration Building and a three-story parking garage. The area proposed for vacation is more particularly described in EXHIBIT "A" and shown hatched on EXHIBIT B attached and made a part hereof by reference, hereai~er called the "Area of Vacation." 4. The Planning Commission of the City of Redding held a public hearing regarding the proposed vacation, and at the conclusion of the hearing recommended that, subject to the Conditions of Approval set forth in paragraph C of this resolution, the Area of Vacation be vacated. 5. The Engineering Division of the City's Department of Development Services has investigated the proposed vacation, and has advised the City Council that, subject to: (a) the Conditions of Approval set forth in paragraph C of this resolution; and (b) the City of Redding reserving and excepting from the vacation all easements and rights to maintain, operate, replace, remove or renew all public utility facilities until the affected facilities are relocated/replaced and any necessary new easements recorded, the area proposed for vacation is not necessary for existing or future public street and alley purposes. NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES AND RESOLVES as follows: A. The foregoing recitals are true and correct. Bo The environmental Mitigated Negative Declaration adopted by the Shasta County Board of Supervisors for the Administration Center adequately addresses the environmental impacts of the proposed vacation. Co Do Eo The proposed vacation is consistent with the General Plan. 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 8300, et seq., of the Streets and Highways Code of the State of California, with the provision that this resolution shall be deemed a Resolution of Intention. The proposed Area of Vacation is unnecessary for present or prospective public use as a street and an alley. Therefore, SUBJECT TO (1) the Conditions of Approval set forth below, and (2) the City of Redding reserving and excepting from the vacation all easements and rights to maintain, operate, replace, remove or renew all public utility facilities until the affected facilities are relocated/replaced and any necessary new easements recorded, the City Council intends to and hereby declares its intention to.vacate that portion of Butte Street lying between Court Street and West Street, and the alley between Butte Street and Tehama Street, as more particularly described in EXHIBIT "A" and shown hatched on EXHIBIT B attached hereto: Conditions of Approval: The site of the proposed Shasta County Administration Center is bounded by the center lines of Court, Butte, West and Tehama Streets. All utilities within these boundaries shall be underground as specified by the City Electric Department. Five properties on the west side of West Street have overhead utility service connections that span from the east side of West Street to the subject parcels. Shasta County shall underground these utility service connections across West Street to a property line of each parcel. Additionally, Shasta County shall make a written offer to the owners of each of these five properties, offering to underground existing overhead utility services to the primary structure thereon. This offer shall remain open for 90 days. Thereafter, Shasta County shall honor the resulting agreements (if any) and shall maintain existing overhead utility service connections to the remaining parcels (if any) from poles erected on the west side of West Street, as necessary. The cost of undergrounding will be at the expense of Shasta County. 2. The 4-way traffic signal and associated improvements to be installed at the intersection of Court Street and Tehama Street shall be constructed to the specifications of the City Engineer. o In accordance with the project description for the Shasta County Administration Center and in accordance with the Shasta County Comprehensive Parking Plan, a 140-space off-site parking facility is to be constructed at the southeast comer of Oregon Street and Tehama Street. The parking facility should be constructed in compliance with the City's Parking Ordinance. 4. The main vehicle access to the parking structure for the Shasta County Administration Center shall be provided off Tehama Street. 5. Utility facilities are to be relocated/replaced as necessary, and public-service easements are to be provided/recorded to the specifications of the affected utilities (City of Redding Municipal Utilities [water and sewer], Redding Electric Utility, Pacific Gas & Electric, Charter Cable, and SBC Pacific Bell). 6. The vacation shall be recorded after all necessary improvement plans and encroachment permits have been signed by the City. Fo All persons interested in or objecting to the proposed vacation will be heard on Tuesday, March 18, 2003, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Street, Redding, California. Go The Director of Development Services, or his designee, is hereby instructed to post or cause to be conspicuously posted notices of vacation along the line of the proposed Area of Vacation, as set forth in Section 8323 of the Streets and Highways Code. The notices shall set forth the adoption of this Resolution of Intention, and the date, hour and place of the hearing as set forth above. At least three such notices shall be posted in the manner set forth above, and the posting of the notices shall be completed at least two weeks prior to the date of the hearing. Ho The City Clerk shall cause a Notice of Public Hearing to be published in a newspaper of general circulation in the City of Redding for two successive weeks before the date set for the public hearing on this proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 18th day of February, 2003, by the following vote: AYES: COUNCIL MEMBERS: Kight, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Cibula Mathena, Pohlmeyeraand Stegall Michael Po~meyer, Vi~Mayor Attest: ~ ~ ., ' : . Connie Stroh.mayer, C/~ ~erk' Form Approved: Brad L. Fuller, City 'Attorney ABANDONMENT NO. A-07-02 CITY OF REDDING STREET AND ALLEY ABANDONMENT January l7,'2003 402.84 EXHIBIT "A" All that property in the State of California, County of Shasta, City of Redding, described as follows: That portion of Butte Street lying between the East line of West Street and the West line of Court Street and that certain alley lying within Block 21 and bounded on the North by the South line of Tehama Street and bounded on the South by the North line of Butte Street, all as shown and/or designated on the map of the Town of Redding, Shasta County, California, recorded in the Office of the County Recorder, September 25, 1872, in Book of Old Plats at page 65, Shasta County Records. M:'dobs\0402\0402.84~LGL DESC-Abandonment.doc BY DATE PREPARED TYPED CHECKED s,6 /*11