HomeMy WebLinkAboutReso 2014-026 - Rescind Resolution 4460 i
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2014-0008669
Recorded I REC FEE 21.00
Official Records I
Recording requested by: County of I
City of Redding Lesl i�esHorgan I
Assessor-Recorder I
I
After recording, return to: I zL
g 11:15AM 04-Apr-2014 I Page 1 of 3
City of Redding - City Clerk
777 Cypress Avenue
Redding, California 96001
3
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
RESCISSION OF RESTRICTION
CITY OF REDDING RESOLUTION NO. 2014-026
"Separate Page"pursuant to Government Code §27361.6
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RESOLUTION NO. 2014-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
REPEALING AND RESCINDING RESOLUTION NO. 4460 IMPOSING A
DECLARATION OF RESTRICTION ON ALIENATION OF CERTAIN
REAL PROPERTY OF THE CITY OF REDDING
WHEREAS, on July 22, 1969, the City Council adopted Resolution No. 4227
authorizing application for Federal Open-Space Program grant funds authorized pursuant to Title
VII of the Housing Act of 1961 for the purchase of property in the Turtle Bay area identified as
Benton Parcel IH containing approximately 2.24 acres owned by Frances M. Benton and Kutras
Parcel Year 4 containing approximately 6.34 acres owned by Frances W. Kutras; and
WHEREAS, on December 1, 1969, the City Council adopted Resolution No. 4258
approving the purchase of Benton Parcel IH; and
WHEREAS, on December 1, 1969, the City Council adopted Resolution No. 4259
approving the purchase of Kutras Parcel Year 4; and
WHEREAS, the City acquired Benton Parcel IH by Grant Deed recorded on December
26, 1969, in Book 1014 on Page 404, Shasta County Official Records, and
WHEREAS, the City acquired Kutras Parcel 4 by Grant Deed recorded on February 11,
1970, in Book 1019 on Page 1, Shasta County Official Records; and
WHEREAS, on June 1, 1970, the City Council adopted Resolution No. 4318 approving
and authorizing execution of Open-Space Program Contract No. Calif. OSA-403(G); and
WHEREAS, on July 6, 1971, the City Council adopted Resolution No. 4460 Imposing
the Declaration of a Restriction on Alienation of Certain Real Property relative to Benton Parcel
IH and Kutras Parcel Year 4 as a condition of approval Open-Space Program Contract No. Calif.
OSA-403(G); and
WHEREAS, on July 13, 1971, "A Resolution of the City Council of the City of Redding
Imposing the Declaration of a Restriction on Alienation on Certain Real Property of the City"
dated July 12, 1971, executed by George K. Moty, Mayor, City of Redding was recorded as
Instrument No. 10766, Book 1075, Page 308, of Shasta County Official Records; and
WHEREAS, Section 126(b)(3) of the Housing and Urban-Rural Recovery Act of 1983 �l
repealed the use of restrictions for the Open-Space Program authorized by Title VII of the
Housing Act of 1961 thereby removing all Federal restrictions on the use of open space sites; and
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WHEREAS, due to the above referenced legislation adopted in 1983, all Federal
restrictions on use or alienation of property acquired or developed by the City utilizing grant I
funds authorized pursuant to Title VII of the Housing Act of 1961, including but not limited to, C'
all such restrictions contained in the above referenced Declaration of a Restriction on Alienation N
on Certain Real Property of the City, and/or in any Open-Space Program Contract executed by
the City pursuant to Title VII of the Housing Act of 1961, are no longer in force or applicable.
NOW,'THEREFORE, the City Council of the City of Redding hereby RESOLVES
AND ORDERS as follows:
1. The above recitals are true and correct.
2. Resolution No. 4460 Imposing the Declaration of a Restriction on Alienation on
Certain Real Property of the City dated July 12, 1971, recorded as Instrument No.
10766, Book 1075, Page 308, of Shasta County Official Records is hereby
repealed and rescinded.
3. The City Clerk is directed to record said Resolution repealing and rescinding
Resolution No. 4460 with the Shasta County Recorder's Office.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 4th day of March, 2014, by the following vote:
AYES: COUNCIL MEMBERS: McArthur, Sullivan, &Bosetti
NOES: COUNCIL MEMBERS: Cadd &Jones
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
LU
RICK BOSETTI, Mayor
ATI EST: :" : APPROVED AS TO FORM:
PAMELA NlI7.,)✓,'. isy Clerk '.t RICHARD A. DUVERNkY, City Attorney