HomeMy WebLinkAboutReso 2014-028 - Rescind Resolution 73-113 - T j
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2014-8008671
Recorded I REC FEE 21.00
Official Records I
Recording requested by: County of I
Shasta I
City of Redding Leslie Horgan I
Assessor-Recorder I
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After recording, return to: 11:15AH 04-Aur-2014 I Page 1 of 3
City of Redding- City Clerk
777 Cypress Avenue
Redding, California 96001
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THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
RESCISSION OF RESTRICTION
CITY OF REDDING RESOLUTION NO. 2014-028
"Separate Page" pursuant to Government Code §27361.6
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RESOLUTION NO. 2014-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
REPEALING AND RESCINDING RESOLUTION 73-113 IMPOSING THE
DECLARATION OF A RESTRICTION ON ALIENATION OF CERTAIN
REAL PROPERTY OF THE CITY OF REDDING
WHEREAS, on January 3, 1972, the City Council adopted Resolution No. 72-5
approving the purchase of Kutras Parcel 6 containing approximately 8.547 acres owned by
Frances W. Kutras; and
WHEREAS, on January 3, 1972, the City Council adopted Resolution No. 72-6
approving the purchase of Benton Parcel IK containing approximately 2.24 acres owned by
Frances M. Benton; and
WHEREAS, the City acquired Benton Parcel IK by Grant Deed recorded on January 13,
1972, in Book 1098 on Page 158 of Shasta County Official Records; and
WHEREAS, on February 22, 1972, the City Council adopted Resolution No. 72-20
authorizing application for Federal Open-Space Program grant funds authorized pursuant to
Title VII of the Housing Act of 1961 for the purchase of Benton Parcel IK and Kutras Parcel
Year 6; and
WHEREAS, the City acquired Kutras Parcel 6 by Deed of Conveyance of Real Property
by Executrix Pursuant to Agreement Entered into by Deceased recorded on February 25, 1972, in
Book 1103 on Page 430 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, on November 5, 1973, the City Council adopted Resolution No. 73-113
imposing a Declaration of Restriction on Alienation of Certain Real Property regarding Benton
Parcel IK and Kutras Parcel 6 as a condition of approval of Open-Space Program Contract No.
Calif. OSA-478(G); and
WHEREAS, on November 12, 1973, "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 November 8, 1973, was recorded as Instrument No. 22716, in Book 1197, Page 487,
of Shasta County Official Records; 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
WHEREAS, due to the above referenced legislation adopted in 1983, all Federal ._
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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. 73-113 Imposing the Declaration of a Restriction on Alienation on
Certain Real Property of the City dated November 8, 1973, recorded as
Instrument No. 22716, Book 1197, Page 487, 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. 73-113 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:
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PAMELA MIZE, t'y C Jerk //.04HARD A. DUVERNAY, City Attorney
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