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HomeMy WebLinkAboutReso 2001-095 - Acquire real property RESOLUTION NO. 2001- p$ A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN: PG&E 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, in cooperation with the Redding Redevelopment Agency, intends to construct the Redding Sports Complex Project (Project). The Project is located on 104 acres and will consist of softball fields, adult baseball fields, soccer fields, restaurant and concession facilities, gymnasium, playground and parking. The Project is located near the corner of Viking Way and Old Oregon Trail, situated in the City of Redding, County of Shasta, State of California. 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. 3. The property to be acquired consists of a 20-acre parcel generally located in the vicinity of Viking Way and Old Oregon Trail, 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 May 16, 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 June 5, 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; "1 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 the Redding Redevelopment Agency; 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 in fee simple absolute. 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 5th day of June 2001, by the following four-fifths or more vote: AYES: COUNCIL MEMBERS: Cibula, Kight, Pohlmeyer, Stegall and McGeorge NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ,/f4 DAVID . EO ' , M r Attest: Form App 'ved: Connie Strohmayer, City t erk W. Leonard Wingat' I'ty Attorney V:\KathyJ..minent DondimPG&E\Resolution of N'ecessity 2 f APPENDIX 1 EAST ONE-HALF OF NORTHEAST ONE-QUARTER OF NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 31 NORTH, RANGE 4 WEST, M.D.B.&M. 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"::::::::::::::::::::::::::::::::;::'...:::::::::::::...::::::.:i...:::-..:::::::::::::?:::::::.•:::::.•:::::::::::::i::::::•i::;:::::::::::::::::::::.1.:::.:::::1:::.:::::::::::::11:::.-::::::::::::::::::::::11:::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::.:•::::::•::::::::::::::::::::::.1.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::!::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::111111 TARMAC RD 3 a 3 "5--,... ..,,,,,,,:,, U • i \ 1 1 ....,\ 1 r • slq4.. li SOURCE: GIS DIVISION Ilk DEVELOPMENT SERVICES DEPARTMENT 0 400 On 1200 SPORTS COMPLEX ACQUISITION AREA ilIT DWG. NO: DATE: P:\CI7YMGR\DWG FEBRUARY 2001 SPTCOM-ACO APPENDIX 2 NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN 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. Cesar Alegria, Esq. Pacific Gas & Electric Company Law Department P. O. Box 7442 Mail Code B30A San Francisco, CA 94120 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 June 5, 2001, which, if adopted, will authorize the City of Redding to acquire the property described herein by eminent domain for the proposed Redding Sports Complex. 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 June 5, 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, and any other appropriate representative of Pacific Gas & Electric Company, 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 least 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. Pacific Gas&Electric Company 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. 109-040-07 made to you by the City of Redding on November 4, 1999, in the amount of$230,000. 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 May 16, 2001. .411if CONNIE STR•HMAYE' ,vrt lerk City of Redding WLW:ks V:\Kathy\Eminent Domain\PG&E\Notice of Hearing EXHIBIT "A" RESOLUTION OF NECESSITY RESOLUTION NO. 2001- A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN: PG&E 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, in cooperation with the Redding Redevelopment Agency, intends to construct the Redding Sports Complex Project (Project). The Project is located on 104 acres and will consist of softball fields, adult baseball fields, soccer fields, restaurant and concession facilities, gymnasium, playground and parking. The Project is located near the corner of Viking Way and Old Oregon Trail, situated in the City of Redding, County of Shasta, State of California. 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. 3. The property to be acquired consists of a 20-acre parcel generally located in the vicinity of Viking Way and Old Oregon Trail, 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 May 16, 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 June 5, 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 the Redding Redevelopment Agency; 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 in fee simple absolute. 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 5th day of June 2001, by the following four-fifths or more vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: DAVID L. McGEORGE, Mayor Attest: Form Approved: Connie Strohmayer, City Clerk W. Leonard Wingate, City Attorney V:`,Kathy\Emineat Domsin\PG&E\Resohuion of Necessity 2 APPENDIX 1 EAST ONE-HALF OF NORTHEAST ONE-QUARTER OF NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 31 NORTH, RANGE 4 WEST, M.D.B.&M. ASSESSOR'S PARCEL NUMBER 109-040-07 • // 2 J p 1 q+ .4 ........ . tV. it COLONIALAVE W 4 = AMID? Y g N Q O 2 f VIKING WAY 1 \ — 1 111, ,TO BE - a — 'i'--".: ACQUIRED i FROM `� 5 PG&E 3 m TAAMA RO I�.: I i �� :� -� � � ......... ........... ....... . ........ ......... ...... ... ........ ............ ... ... ......... c, ! I U \ •,lam r f • ► l11ll11hill SOURCE:GIS DIVISION lib DEVELOPMENT SERVICES DEPARTMENT e 48 -,e SPORTS COMPLEX ACQUISITION AREA nu DWG. NO: DATE: P:\CTTYUCR\DWG FEBRUARY 2001 SPTCOu-ACO APPENDIX 2 NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN 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. <x<` Cop/richt©2001 LEXIS-NEXIS Group. All rights reserved. PROOF OF SERVICE BY MAIL I, KATHLEEN SPITERI, declare that I am a citizen of the United States; over the age of 18 years; not a party to the within matter;and my business address is City Hall, 777 Cypress Avenue,Redding, California 96001-3396. I am familiar with the City ofRedding's practice whereby the mail, after being placed in a designated area for outgoing mail, is given the appropriate postage and deposited in a U. S. mailbox in the City of Redding after the close of the day's business. On this date I served the within NOTICE OF HEARING REGARDING THE INTENT OF THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE PROPERTY BY EMINENT DOMAIN by placing a copy thereof in a sealed envelope addressed to the person/entity set forth below and depositing the same in the designated area for the City's outgoing mail, certified mail, postage prepaid: Cesar Alegria, Esq. Pacific Gas & Electric Company Law Department P. O. Box 7442 Mail Code B30A San Francisco, CA 94120 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 16, 2001, at Redding, California. 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