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Home My WebLink AboutReso 2007-236 - Tuscany Way I111111111111111111111111111111111 .. RECORDING REQUESTED BY: 2008-0007235 0.08 Recorded Official Records Countr of Shas a Leslie "organ Assessor-Recorder CITY OF REDDING IRECFEE I I I I I I INL 09:05AM 06-14ar-2ll08 I Page I of 6 WHEN RECORDED RETURN TO: CITY OF REDDING CITY CLERK'S OFFICE, 3RD FLOOR 777 CYPRESS AVENUE REDDING, CA 96001 THE AREA ABOVE IS RESERVED fOR RECORDER'S USE CORRECTED Resolution No. 2007-236 Abandoning a Portion of a Public Open-Space Easement Located on 2006 through 2124 Tuscany Way in the Villages at Shasta View Gardens Subdivision (A-I-06) "Separate Page" pursuant to Government Code ~27361.6 ~f .. . RESOLUTION NO. 2007 - 236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ABANDONING A PORTION OF A PUBLIC OPEN-SPACE EASEMENT LOCATED ON 2006 THROUGH 2124 TUSCANY WAY IN THE VILLAGES AT SHASTA VIEW GARDENS SUBDIVISION (A-I-06) WHEREAS: A. On November 6, 2007, by Resolution No. 2007-209, the City Council adopted a resolution of intention to abandon the hereinafter-described portion of a public open- space, trail, and drainage easement (Area of Abandonment). B. Proceedings have been duly conducted and held in accordance with the provisions of California Government Code Section 51090, et seq. C. The Area of Abandonment was acquired by dedication with the recording of Subdivision Map No. S-15-04 for The Villages at Shasta View Gardens, recorded May 2005, in Book 23 of Maps at page 74 (23Maps74), Shasta County Records, Shasta County, California. D. The Area of Abandonment is not necessary to protect any sensitive habitat, does not include any watercourses, and is not needed for any public-utility or recreational purposes. Therefore, the applicant has asked that the City abandon this portion of public easement as described in Exhibit "A" and shown shaded on Exhibit "B," attached and made a part hereof by reference. E. The Engineering Division of the Transportation and Engineering 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 abandonment and that the shaded portion on Exhibit "B" is not required for public use. F. In accordance with California Government Code Section 51093(b), the Shasta County Assessor has advised the City in a letter dated October 1, 2007, that the land within the Area of Abandonment has no ($0) assessment cash value; therefore, the Area of Abandonment is not subject to the payment of an abandonment fee to Shasta County as a condition of approval. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: I. The foregoing recitals are true and correct. 2. The City Council elects to proceed in this matter under the provisions of the California Government Code Section 51090. ,. . . .' 3. The City Council makes the following findings in connection herewith: a. That no public purpose described in California Government Code Section 51084(b) will be served by keeping the land as open space. b. That the abandonment is not inconsistent with the purposes of Article 4, Termination of an Open-Space Easement, of California Government Code Section 51090, et seq. c. That the abandonment is consistent with the Redding General Plan. d. That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to it. 4. A portion of certain real property in the City of Redding, County of Shasta, State of California, being an open-space, trail, and drainage easement dedicated to the City of Redding with the recording of Subdivision Map No. S-15-04, more particularly described in Exhibit "A" and shown shaded on Exhibit "B" herein by reference, is hereby vacated and abandoned. 5. The City Clerk of the City of Redding is hereby directed to record a certified copy of this resolution, attested to by the City Clerk under the seal of the City of Redding, 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 18th day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Bosetti, Dickerson, Jones, Murray, and Stegall COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None ATTEST: ~~~ MAR LE STEGALL, YOR FORM APPROVED: ~ " ' - \" . ~. /2 ",- '. .,'; \. 'i, "'. ~ CONNrE STROHMA YER, ," '..- CLERK ~ RICHARD A. DUVERNAY, cn -.. ......' . , ~ .-' "- ',' ~ " -' " , ~,~ .' - , ,. ., . . August 28, 2007 Job No. 03.137 EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situate in the City of Redding, County of Shasta, State of California, described as follows: All that portion of Parcel "B" as shown on the Map of The Villages at Shasta View Gardens S-15-04, recorded May 9, 2005, in Book 23 of Maps at Page 74, Shasta County Records (23 Maps 74), lying Northwesterly of Lots 1 through 11 as shown thereon, and lying Southeasterly of the following described line: . BEGINNING at the Northerly most corner of said Lot 1, thence South 52034'23" West a distance of 116.67 feet, thence South 38022'06" West a distance of 40.76 feet, thence South 36053'02" West a distance of 40.65 feet, thence South 29052'19" West a distance of 40.86 feet, thence South 26014'36" West a distance of 121.19 feet, thence South 56009'24" West a distance of67.83 feet, thence South 40014'49" West a distance of 17.78 feet to the Southwesterly corner of said Lot 11, also being the POINT OF TERMINATION. L M:\Files\Legal Descriptions\03.137 Shasta View & Tannac\03.137 rcc020507 sununal)' vacation.doc ~~ ~, -- 22 ""- ....... 21 ""- " 20 ""- 19 HIGHWAY -- 44 LEGEND . AREA TO BE ABANDONED EXHIBIT B 200 0 100 200 ~~ 1 INCH = 200 FEET OWNER: VILLAGE DEVELOPMENT COMPANY P.O. BOX 492618 REDDING, CA 96049 '~'^' ;n<, .~;!~;T' ", :l" i;! . .,:___._.. ,-,..t. "l"")' ','" . , . - . , ' , " ' _~~;(. J 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 SHARRAR DUNLAP SAWYER, INC. ENGINEERING. PLANNING . SURVEYING 3161 Bechelli lane.Suite IOO'Redding, Ca. 96002 (530) 221-1792 Fox (530) 221-8369 DATE: AUGUST, 2007 SCALE: 1"= 200' SHEET 1 OF 2 Il,~"'fi":"" .~,;:~/r...'-'" " t' . !::;:~:<~~ -"'~-.' t'J '""-"~L. <.f' ADJUSTED PARSEL a 5~~~0 1 INCH = 50 FEET I r\T ... A l.VI ....t / I AT LEGEND ..VI . 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 OAT ..V 0 DATE: AUGUST, 2007 ~ ~~ '1('1 1b . C2 ~~ t- v~ ~C? ~51 , AT L.UI - OAT L.VI 150 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 ~LLAGE DEVELOPMENT COMPANY BY SHARRAR DUNLAP SAWYER, INC. ENGINEERING . PLANNING . SURVEYING 3161 Bechelli Lane.Suite lOO'Redding. Ca. 96oo2 (530) 221-1792 Fax (530) 221-8369 SCALE: 1"'" 50' SHEET 2 OF 2