HomeMy WebLinkAboutReso 2014-027 - Rescind Resolution No 4473 _bio
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2014-0008070
Recorded I REC FEE 21.00
Official Records I
ountRecording requested by: CShastaof
City of Redding Leslie Morgan I
Assessor-Recorder I
I
After recording, return to: 11:15AM 04-Apr-2014 I Page 1 of 3
City of Redding - City Clerk
777 Cypress Avenue
Redding, California 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
RESCISSION OF RESTRICTION
CITY OF REDDING RESOLUTION NO. 2014-027
"Separate Page"pursuant to Government Code §27361.6
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RESOLUTION NO. 2014-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
REPEALING AND RESCINDING RESOLUTION NO. 4473 IMPOSING
THE DECLARATION OF A RESTRICTION ON ALIENATION OF
CERTAIN REAL PROPERTY OF THE CITY OF REDDING
WHEREAS, on July 6, 1970, the City Council adopted Resolution No. 4332 authorizing
application for Federal Open-Space Program grant funds authorized pursuant to Section Title VII
of the Housing Act of 1961 for the purchase of property in the Turtle Bay area identified as
Benton Parcel IJ containing approximately 1.88 acres owned by Frances M. Benton and Kutras
Parcel Year 5 containing approximately 6.43 acres owned by Frances W. Kutras; and
WHEREAS, on December 21, 1970, the City Council adopted Resolution No. 4397
approving the purchase of Benton Parcel IJ; and
WHEREAS, on January 4, 1971, the City Council adopted Resolution No. 4402
approving the purchase of Kutras Parcel 5; and
WHEREAS, the City acquired Benton Parcel IJ by Grant Deed recorded on January 11,
1971, in Book 1053 on Page 247 of Shasta County Official Records; and
WHEREAS, the City acquired Kutras Parcel Year 5 by Grant Deed recorded on January
25, 1971, in Book 1054 on Page 562 of Shasta County Official Records; and
WHEREAS, on July 19, 1971, the City Council adopted Resolution No. 4473
authorizing recordation of a Declaration of Restriction on Alienation of Certain Real Property
relative to Benton Parcel IJ and Kutras Parcel 5 as a condition of approval of Open-Space
Program Contract No. Calif. OSA-478(G); and
WHEREAS, on July 21, 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 19, 1971, was recorded as Instrument No. 11513, Book 1076, Page 670, of Shasta
County Official Records; and
WHEREAS, on September 25, 1972, the City Council adopted Resolution No. 72-81
authorizing execution of Open-Space Program Contract No. OSA-478(G); and
WHEREAS, Section 126(b)(3) of the Housing and Urban-Rural Recovery Act of 1983
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 4.
restrictions on use or alienation of property acquired or developed by the City utilizing grant
funds authorized pursuant to Title VII of the Housing Act of 1961, including but not limited to,
all such restrictions contained in the above referenced Declaration of a Restriction on Alienation
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. 4473 Imposing the Declaration of a Restriction on Alienation on
Certain Real Property of the City dated July 19, 1971, recorded as Instrument No.
11513, Book 1076, Page 670, 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. 4473 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
RICK BOSETTI, Mayor
ATTEST: APPROVED AS TO FORM:
<P r /
PAMELA MIZE; ty CieskRICHARD A. DU ERNAY, ity Attorney