HomeMy WebLinkAboutReso 2001-077 - Acquire real property 1 .
RESOLUTION NO. 2001-
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY
OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN:
BRUNELLI PROPERTY.
THE CITY COUNCIL OF THE CITY OF REDDING, by a vote of four-fifths or
more of its members, FINDS, DETERMINES, DECLARES and RESOLVES that:
1. The City of Redding intends to construct the Parallel Eastside Interceptor Sewer Line
Project (Project). The Project will consist of a new sewer line alongside the existing sewer line
along Churn Creek, behind Boulder Creek School, to a point about 1,800 feet south of Highway
44. The new line will add capacity serving the north and east portions of the City. Said public
use is a function of the City of Redding.
2. The City of Redding is authorized to acquire the parcel described in Appendix 1 attached
hereto and made a part hereof, and to exercise the power of eminent domain for the public use set
forth herein in accordance with the California Constitution and California Eminent Domain Law,
Code of Civil Procedure §1230.010 et seq., and pursuant to California Government Code
§§37350.5 and 40404.
3. The property to be acquired consists of a portion of Assessor's Parcel No. 071-390-20,
located at 1571 Old Alturas Road, Redding, Shasta County, California. The property to be
acquired is more particularly described in Appendix 1 attached hereto and incorporated herein by
reference, together with a map thereof and a vicinity map.
4. On April 4, 2001, there was mailed a Notice of Hearing on the intent of the Redding
City Council to adopt a Resolution of Necessity for acquisition by eminent domain of the real
property described in Appendix 1 herein, which Notice of Hearing is attached as Appendix 2 and
incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose
names appear on the last equalized County Assessment Roll as having an interest in the property
described in Appendix 1 and to the address appearing on said Roll. Said Notice of Hearing
advised said persons of their right to be heard on the matters referred to therein on a date and at
the time and place stated therein.
5. The hearing described in said Notice of Hearing was held on May 1, 2001, at the time
and place stated therein, and all interested parties were given an opportunity to be heard. The
matter was closed.
Based upon the evidence presented,this City Council, by vote of four-fifths or more
of its members, FURTHER FINDS, DETERMINES, DECLARES and RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project;
b. The proposed Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
•
c. The property described herein in Appendix 1 is necessary for the proposed Project;
d. The offer required by Government Code §7267.2(a), together with the
accompanying statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record, which offer and accompanying
statement/summary were in a form and contained all of the factual disclosures provided by
Government Code §7267.2(a);
e. All conditions and requirements necessary to exercise the power of eminent domain
(the "right to take") to acquire the property described herein have been complied with by the City
of Redding; and
f. The City of Redding has fully complied with the provisions of the California
Environmental Quality Act for the Project.
6. The City Attorney is hereby authorized and empowered:
a. To acquire in the name of the City of Redding, by condemnation, the property
described in Appendix 1 attached hereto and incorporated herein by this reference in accordance
with the provisions of the California Eminent Domain Law and the Constitution of the State of
California.
b. To acquire the property as an easement.
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in
the name of the City of Redding such proceedings in the proper Court as are necessary for such
acquisition.
d. To deposit the probable amount of compensation based on an appraisal, and to apply
to said Court for an Order permitting the City of Redding to take immediate possession and use
of said property for said public uses and purposes.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a special meeting of the City Council of the City of Redding on the 1st day of May 2001, by the
following four-fifths or more vote:
AYES: COUNCIL MEMBERS: Cibula, Pohlmeyer, Stegall and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kight
ABSTAIN: COUNCIL MEMBERS: None
1AVID . _ iGEO E, yor
Attest: Form App ell:
Connie Stragryer, City to W. Leonard Wingate, Ci Attorney
V:VCathy\Eminent Domain\Brunelli\Reso of Necessity
2
APPENDIX 1
APN 71-390-20
(Sheet 1 of 2)
October 16, 2000
DESCRIPTION FOR
CITY OF REDDING
Eastside Interceptor Sewer
Pipeline Easement,
Easement to be acquired from
BRUNELLI,PAUL
A portion of the Northeast quarter of Section 32, T. 32 N., R. 4 W., M.D.M., City of Redding,
Shasta County, California.
A 15 foot wide strip of land, the easterly line of which is coincident with the westerly line of that
existing 20 foot wide pipeline easement, per 1479 O.R. 16, Lying 7.5 feet each side of the
following described line:
Beginning at a point on the East line of the Northeast quarter of Section 32,T. 32 N., R. 4 W.,
M.D.M., Shasta County, California, from whence the Northeast corner of said Section 32 bears
N. 01°18'20" W., 2215.57 feet; thence, from said point of beginning,
N. 58°54'07" W., 377.76 feet; thence,
N. 62°21'27" W., 396.36 feet; thence,
N. 49°52'33" W., 7.77 feet;
More or less to the point of termination on the Southerly right-of-way line of Old Alturas Road,
per 1101 O.R. 650, County Road No. 4H040 A.
The bearings and distances used in this description are based upon California Coordinate System
Zone 1, divide all distances by 0.99987907 to obtain ground distances.
Permanent Easement: 11,730 square feet or 0.269 acre.
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(SHEET 2 OF 2)
SCALE: 1%,200'
SEC. 32, T. 32 N.. R. 4 W.. M.D.M.
29_28
32 33
•* BASIS OF BEARINGS IS THE CALIF.
COORDINATE SYSTEM ZONE 1. THIS
PLAT DOES NOT REPRESENT A SURVEY
BUT IS COMPILED FROM FIELD TIES
AND RECORD DATA AND IS INTENDED
AS REFERENCE ONLY.
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62'21'27-`14
396.36'
15' PIPEUNE
EASEMENT
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EASEMENT FORESIGHT
O. 5337. * FROM BRUNELLI SURVEYING, INC.
EXP 12/31/99
Jj ;1' TO CITY OF REDDING DATE: APRIL 6. 7000
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A.P.N. 71-390-20
APPENDIX 2
NOTICE OF HEARING REGARDING THE INTENT OF THE
CITY COUNCIL OF THE CITY OF REDDING TO ADOPT A
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY
EMINENT DOMAIN.
Paul Brunelli
Darrell Brunelli
Paul C. Brunelli
1593 Old Alturas Road
Redding, Ca 96003-9653
Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity
to Acquire Property by Eminent Domain
(California Code of Civil Procedure § 1245.235)
Dear Property Owner:
1. Notice of the intent of the City Council of the City of Redding to adopt a
Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of
Necessity on May 1, 2001, which, if adopted, will authorize the City of Redding to acquire the
property described herein by eminent domain for the proposed Parallel Eastside Interceptor Sewer
Line Project.
A description of the property being considered for acquisition marked Appendix 1
accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which
property shall be referred to herein as the Property).
2. Notice of your right to appear and be heard. Please take notice that the City
Council of the City of Redding, at a regular meeting to be held on May 1, 2001, or as soon thereafter
as the matter may be heard, at 777 Cypress Avenue, Redding, California, will hold a hearing on
whether such a Resolution of Necessity should be adopted, as required by California Code of Civil
Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real
property.
You have a right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and issues, and to have the City Council give judicious consideration
to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed project;
b. Whether the proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the lease private injury;
c. Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the proposed project;
Notice of Hearing Page 2
d. Whether the offer required by Government Code section 7267.2(a),together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and
statement/summary were in a form and contained all of the factual information
required by Government Code section 7267.2(a), a copy of which is attached hereto;
e. Whether the City of Redding has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain(the"right to take")
to acquire the property described herein, as well as any other matter regarding the
right to take said property by eminent domain; and
f. Whether the City of Redding has statutory authority to acquire the property by
eminent domain.
A copy of the proposed Resolution of Necessity which will be recommended to the City
Council for adoption accompanies this Notice.
Your name appears on the last equalized Shasta County assessment roll and as Owner in our
preliminary title report of the property required for the proposed project.
The statute which authorizes the City of Redding to acquire the property by eminent domain
for this proposed project is Government Code section 37350.5.
3. Failure to file a written request to be heard within fifteen (15) days after the
Notice was mailed will result in waiver of the right to appear and be heard. If you desire to be
heard, please be advised that you must file a written request with the City Clerk within fifteen (15)
days after this Notice was mailed. You must file your request to be heard at the office of the City
Clerk located on the third floor of the Civic Center, 777 Cypress Avenue,Redding,California 96001-
2817.
Should you elect to mail your request to the City Clerk, it must be actually received by the
City Clerk for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end of this Notice.
California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a
written request to appear and be heard within fifteen(15)days after the Notice was mailed will result
in waiver of the right to appear and be heard" on the above matters and issues which are the subject
of the hearing.
If you elect not to appear and be heard in regard to compensation,your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount
to be paid for the property will not be considered by the Council at the hearing.
Notice of Hearing Page 3
If you elect not to appear and not to be heard, your failure to appear will be a waiver
of your right to later challenge the right of the City to take the property by eminent domain.
The amount of the compensation to be paid for the acquisition of the
property is not a matter or issue being heard by the Council at this
time. Your nonappearance at this noticed hearing will not prevent you
from claiming a greater compensation, in and as determined by a court
of law in accordance with the laws of the State of California. This
Notice is not intended to foreclose future negotiations between you
and the representatives of the City on the amount of compensation to
be paid for your property.
If you elect not to appear and not to be heard, you will only be
foreclosed from raising in a court of law the issues which are the
subject of this noticed hearing and which are concerned with the right
to take the property by eminent domain.
4: Ratification of formal offer to purchase real property. The City Council hereby
ratifies and restates the formal Offer to Purchase Assessor's Parcel No. 071-390-20 made to you by
the City of Redding on June 16, 2000, in the amount of$6,100.00.
If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the
adoption of the Resolution, the City will commence eminent domain proceedings in the Superior
Court. In that proceeding, the Court will determine the amount of compensation to which you are
entitled.
Dated and mailed on April 4, 2001.
CONNIE S ROHMA City Clerk
City of Redding
WLW:ks
V\Kathy\Eminent Domam\BruneWUJotice of Hearing
Cal Gov Code § 7267.2 (2001)
§ 7267.2. Establishment of amount of just compensation and offer therefor;
Statement to owner
(a) Prior to adopting a resolution of necessity pursuant to Section
1245.230 and initiating negotiations for the acquisition of real property, the
public entity shall establish an amount which it believes to be just
compensation therefor, and shall make an offer to the owner or owners of
record to acquire the property for the full amount so established, unless the
owner cannot be located with reasonable diligence. The offer may be
conditioned upon the legislative body's ratification of the offer by execution
of a contract of acquisition or adoption of a resolution of necessity or both. In
no event shall the amount be less than the public entity's approved appraisal
of the fair market value of the property. Any decrease or increase in the fair
market value of real property to be acquired prior to the date of valuation
caused by the public improvement for which the property is acquired, or by
the likelihood that the property would be acquired for the improvement,
other than that due to physical deterioration within the reasonable control of
the owner or occupant, shall be disregarded in determining the compensation
for the property. The public entity shall provide the owner of real property to
be acquired with a written statement of, and summary of the basis for, the
amount it established as just compensation. Where the property involved is
owner occupied residential property and contains no more than four
residential units, the homeowner shall, upon request, be allowed to r eview a
copy of the appraisal upon which the offer is based. Where appropriate, the
just compensation for the real property acquired and for damages to
remaining real property shall be separately stated.
(b) Notwithstanding subdivision (a), a public entity may make an offer to
the owner or owners of record to acquire real property for less than an
amount which it believes to be just compensation therefor if (1) the real
property is offered for sale by the owner at a specified price less than the
amount the public entity believes to be just compensation therefor, (2) the
public entity offers a price which is equal to the specified price for which the
property is being offered by the landowner, and (3) no federal funds are
involved in the acquisition, construction, or project development.
(c) As used in subdivision (b), "offered for sale" means any of the
following:
(1) Directly offered by the landowner to the public entity for a specified
price in advance of negotiations by the public entity.
(2) Offered for sale to the general public at an advertised or published,
specified price set no more than six months prior to and still available at the
time the public entity initiates contact with the landowner regarding the
public entity's possible acquisition of the property.