HomeMy WebLinkAboutReso 2003-158 - Vacate EasementRecording Requested by
CITY OF REDDING
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City of Redding
P.O. Box 496071
Redding, CA 96049-6071
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Reco~ed
Official Records
County Of
SHASTA
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RESOLUTION NO: 2003-/~,~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING THAT CERTAIN 30-FOOT FLOATING
EASEMENT FOR TRANSPORTATION PURPOSES WITHIN PARCEL A
DEDICATED ON PARCEL MAP 17-92, RECORDED IN THE OFFICE OF
THE SHASTA COUNTY RECORDER ON JULY 12, 1993, IN BOOK 30
OF PARCEL MAPS AT PAGE 31.
WHEREAS:
A. A public service easement was dedicated to the City of Redding on Parcel Map LS
17-92, recorded July 12, 1993, in Book 30 of Parcel Maps at page 31, Shasta County Records
("Easement").
B. The owner of the property on which the Easement was dedicated has asked that the
City vacate the Easement shown as a "30' wide floating easement for transportation purposes" on
Exhibit A attached and made a part hereof by reference, as it has not been used for the purposes
for which it was dedicated or acquired for at least five consecutive years immediately preceding
the proposed vacation.
C. The Engineering Division of the Development Services 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 vacation, and the Easement is not required 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 8300, et
seq., of the Streets and Highways Code of the State of California.
The City Council approves the request to summarily vacate the public service easement
dedicated on Parcel Map LS 17-92, recorded July 12, 1993, in Book 30 of Parcel Maps at
page 31, Shasta County Records, and shown as a 30' wide floating easement for
transportation purposes in the attached Exhibit A.
In satisfaction of the requirements set forth in Streets and Highways Code sections 8333
and 8334.5, the public service easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately preceding this vacation;
and there are no other public facilities located therein. Therefore, from and after the date
this resolution is recorded, the 30' wide floating easement for transportation purposes
shown on Exhibit B shall be vacated in its entirety and no longer constitute an easement
for public service purposes.
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 21~tday of October., 2003, by the following vote:
AYES: COUNCIL MEMBERS: Kight, Pohlmeyer,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mathena
ABSTAIN: COUNCIL MEMBERS: None
Stegall and Cibula
Mayor
Attest:
Connie'$trohm, ayer,/ City
Form Approved:
Brad L. Fuller, City Attorney
Z:~tsenda 10.21.03\Sum04 Bum Dump esmt.wpd
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EXHIBIT "A'
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EXHIBIT "B" :