HomeMy WebLinkAboutReso 2009-034 - Park Marina Drive
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2009-0026134
RECORDING REQUESTED BY:
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CITY OF REDDING
WHEN RECORDED RETURN TO:
CITY OF REDDING
CITY CLERK'S OFFICE, 3RD FLOOR
777 CYPRESS AVENUE
REDDING, CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution No. 2009-34
(This resolution has been re-recorded to attach the correct 4-page Exhibit A)
"Separate Page" pursuant to Government Code 927361.6
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2009-0014158
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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. CA. ~11922
NO FEE - CITY BUSINESS
Gov. Code ~6103
A.P.N. portion 102-120-015
& 102-160-008
Recorded
Official Records
County of
Shasta
Leslie Morgan
Rssessor-Recorder
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03:12PM 05-May-2009 I Page 1 of 4
RESOLUTION NO. 2009 - 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUMMARILY VACATING A 15-FOOT STORM-DRAIN EASEMENT
DEDICATED TO THE CITY OF REDDING BY AN EASEMENT DEED FROM
FRANCES W. KUTRAS TO THE CITY OF REDDING, RECORDED JULY 29,
1966, IN BOOK 889 OF OFFICIAL RECORDS AT PAGE 512, SHASTA
COUNTY RECORDS (2515 AND 2155 PARK MARINA DRIVE; A-4-08).
WHEREAS:
A. A IS-foot storm-drain easement was dedicated to the City of Redding by an
easement deed from Frances W. Kutras to the City of Redding, recorded July 29, 1966, in Book
889 of Official Records at Page 512, Shasta County Records (hereafter called the Easement) and
more particularly described as follows:
Fifteen-foot storm-drain easements being 7.5 feet on each side of the following
described centerline:
COMMENCING at the intersection of the centerline of South Street and Thames
Drive (Park Marina Drive) as shown on the map of Kutras Riverside Addition,
Unit #1, as recorded in Book 7 of Maps at Page 20, Shasta County Records,
thence, N. 22005'00" W., 781.98 feet to the true point of beginning on the easterly
boundary of Thames Drive; thence, from said point of beginning, S. 75050'00" E.,
111.50 feet; thence, S. 32003'00" E., 93.00 feet to the point of termination of this
description.
B. The owner of the property has asked that the City vacate the Easement, described
above and shown on Exhibit A attached hereto, as it has been superceded by relocation and is no
longer needed for the purposes for which it was granted.
C. The Engineering Division of the Transportation and Engineering 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 that the Easement is not required for public use.
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NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES AND
ORDERS AS FOLLOWS:
1. The City Council elects to proceed in this matter under the provisions of the California
Streets and Highways Code, Section 8333.
2. The City Council approves the request to summarily vacate the 15-foot storm-drain
easement dedicated to the City of Redding by an easement deed from Frances W. Kutras
to the City of Redding, recorded July 29, 1966, in Book 889 of Official Records at
Page 512, Shasta County Records, and more particularly described as follows:
Fifteen- foot storm drain easements being 7.5 feet on each side of the
following described centerline:
COMMENCING at the intersection of the centerline of South Street and
Thames Drive (Park Marina Drive) as shown on the map of Kutras
Riverside Addition, Unit #1, as recorded in Book 7 of Maps at Page 20,
Shasta County Records, thence, N. 22005'00" W., 781.98 feet to the true
point of beginning on the easterly boundary of Thames Drive; thence, from
said point of beginning, S. 75050'00" E., 111.50 feet; thence, S. 32003'00"
E., 93.00 feet to the point of termination of this description.
3. The easement being vacated has been superceded by relocation and is not needed for the
purposes for which it was granted; it is not required; and there are no public facilities
located therein. Therefore, from and after the date this resolution is recorded, the 15- foot
storm-drain easement shall be vacated in its entirety and no longer constitute an easement
for storm-drain purposes.
4. 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.
5. This resolution shall have no force or effect regarding the 15-foot storm-drain easement
dedicated to the City of Redding by an easement deed from Frances W. Kutras to the City
of Redding, recorded July 29, 1966, in Book 89 of Official records at Page 512, Shasta
county Records, and more particularly described as follows:
Fifteen-foot storm-drain easements being 7.5 feet on each side of the
following described centerline:
COMMENCING at the intersection of the centerline of South Street and
Thames Drive (Park Marina Drive) as shown on the map of Kutras
Riverside Addition, Unit #1, as recorded in Book 7 of Maps at Page 20,
Shasta County Records, thence, S. 17040'00" E., 10.00 feet; thence, N.
72020'00" E., 30.00 feet to the true point of beginning; thence, continuing
from said point of beginning N. 72020'00" E., 80.00 feet to the point of
termination of this description.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 21" day of April, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Jones, McArthur, Stegall, and Bosetti
None
None
None
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RICK BOSETTI, Mayor
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FORM APPROVED:
ATTEST:
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~NT;~;~d~~<1erk
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RICHARD A. DUVERNAY, ty Attorney
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2515 PARK MARINA DRIVE
SOURCE:
ENGINEERING DIVISION
LOCA TION MAP
ITEM:
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FEET
ABANDONMENT A-4-08
ATTACHMENT:
DWG. NO: DATE:
NOVEMBER, 2008
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EXHIBIT A
AIltOO_DA~WAO:
MnJlRl>JLL. ._
A1'::..u....... fltl . PA6'f
IIFJIDlN. RmRal8llAllA COUKIY, CM.I\
11991 JU L 2 & 1966
EASEMENT . ~~~12
nllS IND8Nn1RE made this '2//1::1 day o~ '~.e."/
1966, by and be~ween F~ANCeS W. KUTRAS. hereinafter r~rred to as
party of the first part, and the CITY OF REDDING, a M~niclpal Corpor-
ation and General Law City, hereinafter re~erred to as party of the
second part,
WITNESSETH~
That the said party of the first par~, for valuable consid-
eration, the receipt Whereof is hereby acknowledged, does by tbese
presents grant and convey unto the said party of the second part, its
successors and assigns, permanent easements and rights-af-way for
storm drain purposes, including underground drain pipes, junction boxes,
manholes and headwalls, in, over, along, upon and across a parcel of
land situated, lying and being in the City of Redding, COunty ot Shasta,
State ot California, said easements being more particularly described
as follows, to wit:
Fifteen (15) ~oot storm d~ain easements being 1~ feet on
each side of the following described ,centerlinas:
COMMENCING at the intersection of the centerlines of
So,.t h Street and Thames Drive as shown on the map of
Kutras Riverside Addition, Unit #1, as recorded in Book
7 ot Maps at Page 20, Shasta County Records, thence,
S. 17040100" B., 10.00 feet; thence, N.. 72020'OOu E.,
30.00 feet to the true point of boginning; thence, con-
tinuing from sa.id point ot beginning N. 7202010011 E.,
_80..0~O Leet to the point of termination of this des-
cription.
THIS EASE NT TO
REMAIN IN LACE AND IS
NOT.AFFEC ED BY THIS
ABANDONM NT
COMMENCING at the intersection of the centerlines of
South Street and Thames Drive as shown on the map of
Kutras Riverside Addition, Unit #1, as recorded in Book
7 of Maps at Page 20, Shasta County Records, thence,
N. 22005'00" W., 781.9B feet to the true poin't ot
beginning on the easterly boundary of ~bames Drivej
thenc::e, from said point of beginning, S. 75050'00" S.,
111.50 f'eet; thence, S. 32003'0011 E., 93.00 feet to the
point of termination of this description.
15' STORM 0 IN ATEND
OF OL YMPU AVENUE
BEING ABAN ON ED
~he sidelines of said descriptions to be lengthened or
shortened to meet existing property boundaries.
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889 1\\5t512',
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TO HAVE AND TO HOLD unto the said party of the second part,
its successors and assigns, forever, for the purposes delineated above
and for no other purposes; and should said real property herein des~
cribed be at any time used for any other purpose by said party of the
second part, its successors and assigns, then this easement and right-
of-way herein granted and conveyed shall i~ediately lapse and become
null and void and said easement and right-ot-way shall immediately
revert to the said party of the first part, her successors and assigns.
IN WITNESS WHEREOF, the said party of the :first part has
hereunto set her hand the day and year first hereinabove written.
,:t~/I~.:;{P "
FRANCES W. KUTRAS
WITNESS:
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- 2 - ; BOOK 889 PA(;!51.3
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STA.TU OP CALlPORNlA,
Cmmty of !=;h::'ll.t::.
On 11.:. 20th .11)' tlf.
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June III ,''' ~ I/fU' ,Itotu_ aiM IauulrtJ _..I SixtY-six
bd(Jf'~_. Rprn::.ill>th~ N'p.l!';:nn cNoIaryPJMic.
State tlf CtdlftmM, IfIlJ et1mfIIWiotItd' aM.nrmu. ~'G,tf1In~
Frances W. Kutras
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NOTl.J:Y rJUIC CALIFORNIA
'~lNo;AL OfiKf IN
SHASTA COUNTY
iIJOIm lei 111I lei be lite 1WZtlL-ftlM.U ftdrIIe: f J; oubttribed'tI 1M wiltM UuIrsuMd
rmd celMdedgtJ toflleIMl..!...Ju--.uent.ltd I/Je.tmnL
IN WITNESS WHEREOF I have h<<erodtJ zd "" Ittmd oM oI/iIl4 Mil tllidd uol
",1M. ('f1f#II10/' Shasta 'M4oytmdJttlt'i1tfAU
etrilficau fir'" GZlDW' D1riUm.
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NoI2.ryPlJbJie. S12Icol Calirornia.
~~~r.;')No. 32~~ IlyComroissilmExpb- 7-12-69
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CERnFXCATS OF ACCEPT ANCS
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Thil< i. to ~e"'tify th?< th: interest '-n real ~operty
f;onveynd by dOftd or grant dated ".. "'V~, /fe" from
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pOl,tical corpo"atf6n-~n~or governmental ~~ency" is he~~by .c-
cepted by ordas' of the City Council on January 20, 19~B. ~nd the
granteR consents to recordation thereof by its duly authorized
offl,ce"fhi;" ,"""""<;; ,:,;. ",
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THIS EASEMENT TO RI;MAIN IN
PLACE AND IS NOT AFFECTED
BY THIS ABANDONMENT
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City ~ Redding
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