HomeMy WebLinkAboutReso 2003-165 - 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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Ptn. A.P. Nos. 114-220-028
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Recorded
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING THE PUBLIC UTILITY EASEMENT GRANTED
TO THE BUCKEYE COUNTY WATER DISTRICT, RECORDED AS
DOCUMENT NO. 4774 IN THE OFFICE OF THE SHASTA COUNTY
RECORDER ON MARCH 18, 1965, IN BOOK 828 AT PAGE 352 (A-6-03).
WHEREAS:
A. A public utility easement was granted to the Buckeye County Water District by
Easement dated February 13, 1965, and recorded March 18, 1965, as Document No. 4774, in
Book 828 at page 352, Shasta County Records ("the Easement"). The City of Redding is the
successor in imerest to the Buckeye County Water District.
B. The Easement has not been used for the purpose for which it was dedicated or
acquired. Therefore, the owner of the parcel located at 3511 East Keswick Dam Road has asked
that the City vacate the Easement, shown crosshatched on Exhibit A attached hereto and made
part hereof by reference.
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 that would be
affected by the proposed vacation.
D. The Engineering Division of the Development Services Department has advised the
City Council that there are no in-place public utility facilities that are planned to be placed or
used that would be affected by the proposed vacation.
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 Street,
Highways and Service Easements Vacation Law as set forth in Section 8333, et seq., of
the Streets and Highways Code of the State o f California.
2. The City Council approves the request to summarily vacate the public utility easement
dated February 13, 1965, and recorded March 18, 1965, as document 4774, in Book 828
at page 352, Shasta County Records, as more particularly described in Paragraph B of this
resolution.
The public utility 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 and none planned to be located therein.
Therefore, from and m%r the date this resolution is recorded, the easement shall be
vacated in its entirety and no longer constitute an easement for public utility purposes.
The City Clerk is directed to cause 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 s t day of oct., 2003, by the following vote:
AYES: COUNCIL MEMBERS: Kight,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mathena
ABSTAIN: COUNCIL MEMBERS: None
Pohlmeyer, Stegall and Cibula
Attest:
Form Approved:
Connie Strohmayer, City ~r~~/
Brad L. Fuller, City Attorney
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