HomeMy WebLinkAboutReso 2004-010 - Vacate EasementRecording Requested by
City of Redding
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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
A.P.N. 103-780-015
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Recorded
Official ;leco~s
County Of
SI'IASTA
REC FEE · ee
1st
Page I of 4
RESOLUTION NO. 2004-/0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A PORTION OF THE OPEN SPACE EASEMENT
DEDICATED TO THE CITY OF REDDING ON A PORTION OF LOT 15 OF
THE SUNSET TERRACE SUBDIVISION, UNIT 7 [508 SEAVY COURT].
RECORDED IN BOOK 17 OF MAPS AT PAGE 12, SHASTA COUNTY
RECORDS, AS MORE iPARTICULARLY DESCRIBED HEREIN (A-8-03).
WHEREAS:
A. A drainage and open space easement lying within Lot 15 of the Sunset Terrace
Subdivision, Unit 7, was dedicated to the City of Redding on the Map of said subdivision
recorded in Book 17 of Maps at page 12, Shasta County Records (collectively, "Easement A").
B. The owners of the property have asked that the City vacate the open space on a
portion of Easement A shown hatched on Exhibit B 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 five
consecutive years immediately preceding this proposed vacation. The portion of Easement A to
REMAIN in open space is described in Exhibit A attached and made a part hereof by reference
and shown as "open space easement to remain" on Exhibit B.
C. Of particular note: The drainage easement over the entire Easement A is to remain
in effect and NOT be vacated.
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 portion of the open space
easement (Easement A) lying within Lot 15 of the Sunset Terrace Subdivision, Unit 7,
dedicated to the City o:~' Redding on the Map of said subdivision recorded in Book 17 of
Maps at page 12, Shasta County Records, as shown hatched on Exhibit B. The portion of
Easement A to REMAIN[ in open space is described in Exhibit A and shown as "open
space easement to remain" on Exhibit B. The drainage easement described in paragraph C
above is to remain in effect and not be vacated.
The open space easement (portion of Easement A) lying within the area being vacated has
not been used for the purposes for which it was dedicated or acquired for five consecutive
years immediately preceding this proposed vacation. Therefore, from and after the date
this resolution is recorded, the area hereby vacated shall no longer constitute part of
Easement A for open space 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. 20t.hday of January, 2004, by the following vote:
AYES: COUNCIL MEMBERS: Cibula,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Kight, Mathena, Stegall and Pohlmeyer
Attest':. ' ,,, ~-
Connie Strohmayer, City Clerk
Form Approved:
Brad L. Fuller, City Attorney
2
December 30, 2003
1548.01
EXHIBIT "A"
All that portion of the "Drainage and Open Space Easement" being a part of Lot 15 of Sunset
Terrace, Unit No. 7, shown on the map filed in Book 17 of Maps at page 12, Shasta County
Records and being a portion of Section 4 of the P.B. Reading Grant, in the City of Redding,
California, lying Southerly and Southwesterly of the following described line:
Commencing at the Northeast comer of said Lot 15; thence, along the East line of Lot 15,
S.11°39'49"W., 60.33 feet to the TRUE POINT OF BEGINNING of this line; thence, leaving
the East line of Lot 15, N.82°44'28"W., 57.84 feet; thence, N.43°37'46"W., 36.02 feet to a point
on the West line of said "Drainage and Open Space Easement"; thence, along said West line,
N.8°05'53"W., 36.00 feet to a point on the North line of Lot 15, from which the Northeast comer
of Lot 15 bears S.84°17'44"E., 100.00 feet.
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