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HomeMy WebLinkAboutReso 2012-065 - East Cypress frontage Road , ... e e 1111111111111111111111111111111111111111111 20112-0024064 Recorded I REC FEE 0.00 Official Records I County of I Shasta I Leslie Morgan I Assessor-Recorder I I I MW 02:43PM 25-Jul-2012 I Page 1 of 6 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 RESOLUTION NO. 2012-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ORDERING THE VACATION OF THAT SECTION OF HEMS TED DRIVE AND EAST CYPRESS AVENUE COMMONL Y DESCRIBED AS EAST CYPRESS AVENUE FRONTAGE ROAD - PORTION OF APN 107-360-002 (ABANDONMENT APPLICATION A-3-11) WHEREAS 1. The City of Redding ("City") owns a fee interest of an elongated strip of land of approximately one acre situated between Lithia Motors and Cypress A venue in Redding. This land is commonly referred to as the Frontage Road or Service Road and is identified as a portion of Assessor's Parcel Number 107-360-002 ("the Property"). Lithia Real Estate, Inc. ("Lithia") is in the process of expanding its car dealerships in Redding and desires to purchase the Property from the City in furtherance of that purpose. 2. Proceedings have been duly conducted and held in accordance with the provisions of the Public Streets, Highways, apd Service Easements Vacation Law as set forth in Sections 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 Property area that is described in EXHIBIT A and depicted on EXHIBIT B attached and made a part hereof by reference. 4. At its meeting on May 8, 2012, the Planning Commission of the City of Redding declared that closure and vacation of the Frontage Road on the Property is consistent with the City of Redding General Plan. Pursuant to California Government Code ~65402, this determination by the Planning Commission is a prerequisite to any decision by the City to close the Frontage Road and sell it to Lithia. 5. The street closure falls within the criteria of a CEQA Class 32 in-fill development under Section 15332 and is categorically exempt. ~ ; ~ \ ~ C> - ~ I ~ t:::'. V\ .>- e e NOW, THEREFORE, THE CITY COUNCIL FINDS, DECLARES AND RESOLVES AS FOLLOWS: A. The foregoing recitals are true and correct. B. The Area of Vacation are those portions of Hemsted Drive and East Cypress Avenue serving as a Frontage Road or Service Road identified as a portion of Assessor's Parcel No. 107-360-002, as more particularly described in EXHIBIT A and depicted on EXHIBIT B attached and made a part hereof by reference. C. The proposed vacation is consistent with the General Plan. D. Pursuant to Streets and Highways Code ~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. E. The proposed vacation would not result in any significant environmental impacts and falls within the criteria of a CEQA Class 32 in-fill development under Section 15332 and is categorically exempt. F. All requirements of California Streets and Highways Code Section 8300, et seq., have been satisfied. G. 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 depicted on EXHIBIT B. H. Pursuant to Streets and Highways Code ~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. 2 e e 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 17th day of July, 2012, and was adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: ~~j PAMELA MIZE, City C e k Bosetti, Jones, McArthur, Sullivan & Dickerson None None None /'~Lt?~ DICK DICKERSON, Mayor FORM APPROVED: ~~ RICHARD A. DUVERNAY,. Attorney "3 .... e e EXHIBIT A LEGAL DESCRIPTION All that certain real property situate in the City of Redding, County of Shasta, State of California, described as follows: A portion of Parcel 1 as described in that Grant Deed from John M. Geer, et. al. to the City of Redding recorded January 30, 1973 in Book 1154 of Official Records at Page 279, Shasta County Records and a portion of the Relinquishment of Highway Right of Way in the County of Shasta, Road 02-SHA-44-0.6-1.3 Request No.1 0036 to the County of Shasta recorded September 26, 1969 in Book 1005 of Official Records at Page 660, Shasta County Records described as follows: COMMENCING at the point described as the point of beginning of said Parcell (1154 OR 279); thence from said POINT OF COMMENCEMENT, North 89018'56" West along the northerly line of said Parcell (1154 OR 279), 169.31 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, South 88043'49" West, 91.37 feet; thence North 87045'53" West, 105.40 feet; thence westerly along a tangent curve to the right, having a radius of 500.00 feet through a central angle of 2042'27", an arc distance of23.63 feet; thence North 85003'26" West, 206.77 feet; thence westerly along a tangent curve to the right, having a radius of 1750.00 feet through a central angle of 5021 '48", an arc distance of 163.81 feet; thence North 79041 '38" West, 108.01 feet; thence northwesterly along a tangent curve to the right, having a radius of 111.00 feet through a central angle of90030'55", an arc distance of 175.36 feet; thence North 1 0049' 17" East, 78.27 feet to the northerly line of said Parcell (1154 OR 279) at a point that bears South 82005'20" East, 25.00 feet from a point designated as Point "A" in the description of said Parcell (1154 OR 279); thence along said northerly line the following courses to the True Point of Beginning, southeasterly along a non-tangent curve to the left from which the radius point bears South 82005'20" East, 25.00 feet, through a central angle of 83009' 46", an arc distance of 36.29 feet to a point of reverse curve; thence southeasterly along said reverse curve having a radius of 59.00 feet through a central angle of 96039'46", an arc distance of99.54 feet to a point of reverse curve; thence southeasterly along said reverse curve having a radius of 40.41 feet through a central angle of 101006' 18", an arc distance of71.31 feet; thence South 79041 '38" East, 103.64 feet; thence easterly along a tangent curve to the left, having a radius of 1673.03 feet through a central angle of 5021 '48", an arc distance of 156.61 feet; thence South 85003'26" East, S] 482LGL002 .doc Page 1 of2 7/02/2012 ~. . e e 220.71 feet; thence northeasterly along a tangent curve to the left, having a radius of99.85 feet through a central angle of 41 001' 06", an arc distance of 71.48 feet to a point of reverse curve; thence northeasterly along said reverse curve having a radius of 67.00 feet through a central angle of 116023'12", an arc distance of 136.10 feet to a point of reverse curve; thence southeasterly along said reverse curve having a radius of 31.50 feet through a central angle of 79037'42", an arc distance of 43.78 feet to the TRUE POINT OF BEGINNING. 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