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HomeMy WebLinkAboutReso 2008-158 - Vacate section of Polk Street . .1\\\ "llIn 1'11'111 "11"111' 'II 'I 21211218-121036862 '. Recording 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 I RECFEE I I I I I I I IL 04:10PM 03-Noy-2808 I Page I of 4 Recorded Official Records County of Shasta Leslie Morgan Assessor-Recorder RESOLUTION NO. 2008 - 158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE VACATION OF THAT SECTION OF POLK STREET RIGHT-OF-WAY BETWEEN SUTTER STREET AND GEARY STREET (ABANDONMENT APPLICATION A-3-08). WHEREAS 1. On August 5, 2008, by Resolution No. 2008-141, the City Council of the City of Redding adopted a Resolution of Intent to abandon the hereinafter-described Area of Vacation. 2. Proceedings have been duly conducted and held in accordance with 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. 3. There are in-place public utility facilities that are in use or that would be affected by the proposed vacation; therefore, the City is retaining a pedestrian-access and public-service easement over the portion of right-of-way described in Exhibit "A" and shown hatched on Exhibit "B." NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES AND RESOLVES AS FOLLOWS: A. The foregoing recitals are true and correct. B. The Area of Vacation is that portion of Polk Street lying between Sutter Street and Geary Street, as more particularly described in EXHIBIT A and shown hatched on EXHIBIT B attached and made part hereof by reference. C. On the basis of the environmental document prepan;d by the City of Redding, the City Council finds that: I. The proposed vacation is consistent with the General Plan. k if 0.00 & a ~ "'-.. Uf D<:J . . . '-, 2, Pursuant to Streets and Highways Code S 8324, the Council finds that the street segment is unnecessary for present or prospective public use and, therefore, it is not in the interests of the City to continue the establishment and maintenance of the street or alley, 3, The environmental document adequately addresses the proposed vacation, and the vacation would not result in any significant environmental impacts, 0, All requirements of California Streets and Highways Code Section 8300, et seq" have been complied with, E. The Area of Vacation is subject to the City of Redding reserving and excepting therefrom a pedestrian-access and public-service easement for the purpose of erecting, installing, constructing, removing, repairing, replacing, reconstructing, maintaining and using for public-service purposes any and all materials, fixtures, appliances, equipment, pipes, pipelines, wires, and cables (including fiber optics) necessary for the transmission, distribution, and delivery of electricity, water, sewer, storm water, gas, cable television, communication, and information service utilities over, along, upon, under, and across the parcel of real property described in Exhibit "A" and shown hatched on Exhibit "B." F. Pursuant to Streets and Highways Code S 8325, the City Clerk is directed to record a certified copy of this resolution, attested by the Clerk under seal, 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 of the City of Redding on the 2,d day of September, 2008, and was adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, Jones, Murray, and Stegall None None None ATTEST: ", ~~L~ FORM APPROVED: ~' -" . ~"' ~\... ... ~ ....... . \.. \ ~~ TONI S.f1KRMAN, Assistant City Clerk . . .... "- ,- " ~A~ RICHARD A. DUVERNAY, ty Attorney 2 . . , Exhibit A That portion of Polk Street as shown on the map of Alta Subdivision, recorded April 29, 1939, in Book 5 of Maps at Page 53, Shasta County Records, described as follows: BEGINNING at the Southeasterly comer of Lot 3, Block 9, of said Alta Subdivision, said point also being on the Westerly right of way of Polk Street; thence on and along said Westerly right of way North 04052" East, a distance of 302.58 feet to the Northeasterly comer of Lot 4, Block 9, of said Alta Subdivision; thence leaving said Westerly right of way, on and along the Easterly extension of the Northerly line of said Lot 4, North 87"22' East, a distance of 40.35 feet to a point on the Easterly right of way of Polk Street; thence on and along said Easterly right of way, South 04052" West, a distance of 302.58 feet to a point where the Easterly extension of the Southerly line of said Lot 3 intersects the Easterly right of way of Polk Street; thence on and Along said Easterly extension of the Southerly line of said Lot 3, South 87"22' West, a distance of 40.35 feet to the POINT OF BEGINNING. Containing 0.28 acres more or less. . . . , NOTE; I- THIS MAP IS BASED ON RECORD DATA PER 5 MAPS 53 AND DOES NOT REPRESENT A SURVEY. IT IS INTENDED Ul FOR US( AS AN EXHIBIT FOR THIS ABANDONMENT ONLY. Ul cr I- (f) N87"22'E 40.35' ~ ~~ -' 0 a. >- <( SUTTER STREET ~ u.. 0 ~0 I- 3: <OJ 4 ::z: ~ )> ~~ - :IJ cr ^ -' <( Cf) Z -I ~v <( :IJ () m ~ m 3 -I Q - () GEARY STREET I- <( UI POINT OF BEGINNING UI SOUTHEASTERLY CORNER cr OF LOT 3 I I- (f) S87"22W 40.35' ~ j -J 0 a. ~ ~ AREA OF ABANDONMENT EXHIBIT B 0' 100' ~ 200' I 300'