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HomeMy WebLinkAboutReso 2003-122 - Vacate easementRecording 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 Ptn. A.P. Nos. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~003--00§4~40 Recorded Official Records Ci~IS P~l~S Recorder e3:17PH 19-Au§-L~3 REC FEE .00 1st Page I of 4 RESOLUTION NO. 2003- ! 2- Z-- A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING A PORTION OF THE 15' FOOT STORM DRAIN EASEMENT DEDICATED TO THE CITY OF REDDING AND LYING WITHIN PARCEL 9 OF PARCEL MAP NO. 52-91 RECORDED JUNE 16, 1993, IN BOOK 30 OF PARCEL MAPS AT PAGE 27, SHASTA COUNTY RECORDS (3622 AVTECH PARKWAY; A-5-02). WHEREAS: A. A 15-foot storm drain easement lying within the real property known as 3622 Avtech Parkway was dedicated to the City of Redding on Parcel,9 of Parcel Map No. 52-91 for Shasta Enterprises recorded on June 16, 1993, in Book 30 of, Parcel Maps at page 27, Shasta County Records (the "Easement"). B. The owner of the real property has requested the City to vacate the 125' x 15' portion of the Easement described in Exhibit A and shown hatched on Exhibit B attached and made a part hereof by reference (the "Area of Vacation") as it has been superseded by relocation.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 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. The City Council approves the request to summarily vacate the 125' x 15' portion of the 15-foot storm drain Easement dedicated to the City of Redding on Parcel 9 of ParCel Map No. 52-91 for Shasta Enterprises recorded on June 16, 1993, in Book 30 of Parcel Maps at page 27, Shasta County Records, as more particularly described in Exhibit A and shown hatched on Exhibit B attached hereto. 3. There are no other in-place public utility facilities located within the Area of Vacation. The City Clerk is directed to cause this resolution of vacation, attested by the Clerk under seal, to be recorded in the office or'the Shasta County Assessor/Recorder. From and after the date this resolution is recorded, the area hereby vacated shall no longer constitute a storm drain easement for public purposes. I HEREBY CERTIFY,that the foregoing resolution was introduced, read and adopted at aspee±a'lmeeting of the City Council on the 5th day of August , 2003, by the following vote: AYES: COUNCIL MEMBERS: Kight, Mathena, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stegall ABSTAIN: COUNCIL MEMBERS: None Pohlmey'er:~afidCCibula Form Approved: Connie Strohmayer, City C~k ~ ! Brad L. Fuller, City Attorney 2 EXHIBIT "A" STORM DRAIN EASEMENT ABANDONMENT September 12, 2002 402.63 All that portion of the East one-half of Section 22, T.31N., R.4W., M.D.M., in the city of Redding, Shasta County, California being a portion of the 15.00 foot wide Storm Drain Easement on the Easterly side Lot 9 as shown on the map filed June 16, 1993 in Book 30 of Parcel Map at Page 27, Shasta County recbrds described as follows: Commencing at the Northeast comer of the said lot 9; thence S.00°02'36"E., 84.00 feet to the TRUE POINT OF BEGINNING of this description; thence S.00°02'36"E., 125.00'; thence S.89°57'24"W., 15.00'; thence N.00°02'36"W., 125.00'; thence N.89°57'24"E., 15.00', to the Tree Point of Beginning, containing 0.04 acres more or less. M:Llobs\0402.63~-gal SD Abandonment.doe ~] [[ . . soO.o2'~6"E S00'02'..76 "E 298. 88' 260. 72' ~ S00'02'36"E 2f)9. o5' ,,,/ ~ 125.00' ~ "I',, ."'-- 25. oo NOO'02'.76"Yl · 299. I '1