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HomeMy WebLinkAboutReso 2003-165 - 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. 114-220-028 1111111111111111111111111111111111 ~Z~03-- ~Z~73877 Recorded Official Records County Of CRZS P~DREI/S Reeorxlee 03:e6Pl~ 31-Oet-L~la3 REC FEE . ~ Page I of 3 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 2 r 0 ~ III