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HomeMy WebLinkAboutReso 2003-041 - Fairlane DriveRecording Requested by CITY OF REDDING Please Return to City Clerk City of Redding P.O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS Gov. Code §6103 A.P.N. None IIIIIIIIIIIIIIIIIIIII1 11111111111 ~03--00 1 8888 Recorded Official Records County Of SHASTA CRIB ANDRE~ Recorder 04:07PN 27-Mar-2003 REC FEE .00 ]! s t Page I of 4 RESOLUTION NO. 2003-/7// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A PORTION OF FAIRLANE DRIVE AND THE ADJACENT 5.00 FOOT PUBLIC SERVICE EASEMENTS, DEDICATED TO THE CITY OF REDDING WITH THE RECORDING OF THE REDDING AIRPORT BUSINESS PARK SUBDIVISION (A-l-03). WHEREAS, Fairlane Drive was dedicated to the City of Redding (City) as a public: street, and the adjacent 5.00 public service easements were dedicated to the City for public use, with the recording of the Redding Airport Business Park Subdivision in Book 21 of Maps at page 42, Shasta County Records; and W~IEREAS, except for the reservation of a 5.00 foot public service easement, the City is proposing to vacate that portion of Fairlane Drive (which has never been built) and the adjacent 5.00 public service easements described in Exhibit A and shown hatched on Exhibit B attached hereto and made a part hereof by reference (Area of Vacation), as they have not been used for the purposes for which they were dedicated or acquired for more than five consecutive years immediately preceding the proposed vacation; and WHEREAS, the Engineering Division of the Development Services Department has advised the City Council that, subject to the retention of the 5.00 foot public service easement described in attached Exhibit A, 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 the Area of Vacation is not required for street right-of-way or public service easement purposes. NOW, THEREFORE, THE CITY COUNCIL FINDS, RESOLVES and ORDERS AS FOLLOWS: 1. The foregoing recitals are true and correct. 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 8330, et seq., of the Streets and Highways Code of the State of California. The area being vacated has not been used for the purposes for which it was dedicated or acquired for more than five consecutive years immediately preceding the proposed vacation; and there are no in-place public utility facilities that are in use or would be affected by the vacation. The City Council approves the request to summarily vacate the area described in E 'xhibit A and shown hatched on Exhibit B attached hereto and made a part hereof by reference, SUBJECT TO RESERVING AND EXCEPTING the 5.00 foot public service easement and rights in favor of the City of Redding more particularly described in Exhibit A attached hereto, 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. 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. From and after the date this resolution is recorded, the area hereby vacated (but not the . easement and rights reserved unto the City as set forth in paragraph 4 above) shall no longer constitute right-of-way and easements for public use. 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 March, 2003, by the following vote: AYES: COUNCIL MEMBERS: Kight, Mathena, Pohlmeyer, Stegall and Cibula NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MARK~. ~IB~, ~or Attest: r CiO~le~ Connie Strohmayer, rk Form Approved: Brad L. Fuller, City Attorney 2 .4 EXHIBIT "A" All that real property situated in the Southeast one-quarter of Section 27, T.31 N., R.4 W., M.D.M. in the City of Redding, County of Shasta, State of California, described as follows: That portion of Fairlane Drive and the adjacent 5.00 foot Public Service Easernents as shown on the map of Redding Airport Business Park Subdivision, Recorded in Book 21 of Maps at Page 42, Shasta County Records, lying West of the following described' line: COMMENCING at the Southeast corner of Lot 16 as shown on said map; thence on and along the Easterly of said Lot 16, North 00°39'15.' East, a distance of 175.00 feet; thence along a 25.00 foot radius curve to the left having a central angle of 89058'54'', a distance of 39.26 feet; thence North 89019'39'' West, a distance of 7.00 feet to the TRUE POINT OF BEGINNING; thence North 00°39'15" East a distance of 64.00 feet to the point of termination. RESERVING THEREFROM AN EASEMENT 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 Easterly 5.00 feet of the real property described above: The entire abandoned 64 foot Fairlane Drive Right-Of-Way shall be merged with the adjacent Lot 16 and Lot 13 of the Redding Airport Business Park Subdivision. ~ · TRUE POINT OF BEGINNING LOCKHEED NOO'39'15"E ~5' PSE TO DONED R=25.00' -- D=89'58'54" L=39.26' DR VE N00'39'15"E , 175~00 ..... t NOO'40'21"E [ ~N89'19'$9"W I? 7.00 C,') : "'"': ' ': ~'"' i..::...: ! i LC-'!' 'i 3 PSE TO IE ABANDONEE~ FUTURE LOCATION OF NEW ROAD i?~J PSE BEING RETAINED ~---~-"} AREA OF ABANDONMENT EXHIBIT B 100' 200' 300'