HomeMy WebLinkAboutReso 2000-159 - Shasta View RESOLUTION NO. 2000- /59
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY
OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN:
SHASTA VIEW INVESTMENTS 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 Clover Creek Flood Protection and Environmental Enhancement Project(Project).
The Project will consist of a large detention basin with a series of ponds designed to detain
floodwaters of the Clover Creek watershed located northerly of the south line of Sections 9 and 10,
Township 31 North, Range 4 West, situated in the City of Redding, County of Shasta, State of
California.
Associated with and as an integral part of the detention basin will be the creation of
wetlands blending into upland areas designed to environmentally enhance and, where possible,
restore the property to its original condition prior to intensive grading which has occurred since
1964, and the creation of park facilities, together with related improvements to carry out and make
effective the principal purposes ofthe Project pursuant to Code of Civil Procedure§1240.120(a),and
in connection therewith acquire interests in certain real property. 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,
38010, 40401, 40404 and Water Code §8000 et seq.
3. The property to be acquired consists of a portion of one parcel and is generally located east
of the extension of Shasta View Drive, north of Castlewood Drive and south of Saturn Skyway,
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 September 6,2000,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 September 22, 2000, at the
time and place stated therein, and all interested parties were given an opportunity to be heard. The
matter was closed. r�
X11,
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 ofthe 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 22"d day of September,2000,by
the following four-fifths or more vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
R BERT C. ANDERSON, Mayor
Attest: For Appr d:
&60 ref e a I
Connie Strohmayer, City C :rk W. Leonard Wingate, c i Attorney
2
APPENDIX 1
LAND DESCRIPTION
All that real property situate in the City of Redding, County of Shasta, State of California, being a
portion of the southwest quarter of Section 9, Township 31 North, Range 4 West, Mount Diablo
Base and Meridian described as follows:
That portion of the "Remaining Lands of Walter Potter Estate" (Book 13 Parcel Maps Page 123)
more specifically described as follows.
Beginning at the Quarter corner common to Sections 9 and 10, thence westerly along the Center
section Line, S 89°40'59" W, 1328.06 feet to the Center-East one-sixteenth corner; thence
continuing along said Center section Line S 89°40'59"W, 694.14 feet to the northeast corner of
Parcel "B" of said map, thence along the exterior boundary of said Parcel"B" the following
courses and distances; S 00°19'01" E, 100.00 feet; N 89°40'59" E, 28.31 feet; S 00°39'51" W,
523.94 feet to the easterly corner common to Parcels "B" and "C" of said map; thence along the
exterior boundary of said Parcel C, S 00°39'51" W, 555.28 feet to an angle point on said east line
of Parcel "C" as monumented with a T-bar as shown thereon; thence S 00°34"19" W, 651.25
feet more or less to a point located 151.25 feet northerly of the southeast corner thereof as
measured along the east line of said Parcel B; thence easterly at a 90°00'00" angle right, 96.00
feet; thence easterly at a 179°58'46" angle right, 290.22 feet; thence northerly at a 90°00'00"
angle right, 296.78 feet; thence southeasterly at 54°29'24" angle left, 751.43 feet; thence
southwesterly at a 90°20'58" angle left, 22.39 feet; thence southerly at a 148°50'22" angle right,
435.83 feet; thence easterly at a 89°59'53" angle right, 13.93 feet; thence southerly at a
89°59'53" angle left, 170.07 feet to a point on a line offset 20.00 north of and parallel with the
south line of Section 9; thence easterly at a 90°00'19" angle right, along said offset line parallel
with said South section Line easterly 1035.38 feet, more or less to a point on the North-South
section line common to Sections 9 and 10, said point being 20.00 feet northerly of the 9-10-15-16
Section corner; thence north along said common Section line 2624.34 feet, more or less to the
Quarter corner common to Sections 9 and 10 and the True Point of Beginning.
Excepting therefrom: those parcels owned by the City of Redding and identified in Book 2277
O.R. Page 863, and Book 1386 O.R. 499.
Prepared by/under the supervision of Frank Lehmann PLS 5680
On August 25, 2000. _ 4D
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100 YEAR FLOOD PLAIN(496 ACRES) sy
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FIGURE 1. Clover Creek Floodplain — Pre Project
990015 Clover Creek
APPENDIX 2
NOTICE OF HEARING REGARDING THE INTENT OF
THE CITY COUNCIL OF THE CITY OF REDDING TO
ACQUIRE PROPERTY BY EMINENT DOMAIN.
Charles R. Boggs, General Partner
Shasta View Investments
a California Limited Partnership
4401 Hazel Avenue, No. 275
Fair Oaks, CA 95628
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 Mr. Boggs:
1. Notice of the intent of the City Council (Council) of the City of Redding (City) to
adopt a Resolution of Necessity. The Council intends to consider the adoption of a Resolution of
Necessity on Friday, September 22, 2000, at 12 noon, which, if adopted, will authorize the City to
acquire the property described in attached Exhibit A and shown on Exhibit B by eminent domain
for the Clover Creek Flood Protection and Environmental Enhancement Project.
2. Notice of your right to appear and be heard. Please take notice that the City
Council, at a special meeting to be held on Friday, September 22, 2000, at 12 noon or as soon
thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Street,
Redding, California, will hold a hearing on whether such a Resolution of Necessity should be
adopted, as required by California Code of Civil Procedure §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 Council at the above scheduled hearing
on the following matters and issues, and to have the 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;
d. Whether the offer required by Government Code §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
Notice of Hearing Page 2
were in a form and contained all of the factual information required by Government Code
§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 will be available, upon your request, for
inspection at the office of the City Clerk located on the third floor of the Civic Center, 777 Cypress
Avenue, Redding, California, ten (10) days after this Notice was mailed and prior to the hearing at
the place of the hearing.
Your name appears on the last equalized County of Shasta assessment roll and as Owner in
our preliminary title report of the property required for the proposed project.
The statute which authorizes the City to acquire the property by eminent domain for this
proposed project is Government Code §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 §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. 110-150-20 made to you by
the Redding Redevelopment Agency on August 25, 2000, in the amount of$819,000.
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 September 6, 2000.
CONNIE ST 'OHMAYE V, C Clerk
City of Redding
WLW/AR
•
EXHIBIT "A"
LAND DESCRiPTION
All that real property situate in the City of Redding, County of Shasta, State of California, being a
portion of the southwest quarter of Section 9, Township 31 North, Range 4 West, Mount Diablo
Base and Meridian described as follows:
That portion of the "Remaining Lands of Walter Potter Estate" (Book 13 Parcel Maps Page 123)
more specifically described as follows.
Beginning at the Quarter corner common to Sections 9 and 10, thence westerly along the Center
section Line, S 89°40'59" W, 1328.06 feet to the Center-East one-sixteenth corner; thence
continuing along said Center section Line S 89°40'59"W, 694.14 feet to the northeast corner of
Parcel "B" of said map, thence along the exterior boundary of said Parcel "B" the following
courses and distances; S 00°19'01" E, 100.00 feet; N 89°40'59" E, 28.31 feet; S 00°39'51" W,
523.94 feet to the easterly corner common to Parcels "B" and "C" of said map; thence along the
exterior boundary of said Parcel C, S 00°39'51" W, 555.28 feet to an angle point on said east line
of Parcel "C" as monumented with a T-bar as shown thereon; thence S 00°34"19" W, 651.25
feet more or less to a point located 151.25 feet northerly of the southeast corner thereof as
measured along the east line of said Parcel B; thence easterly at a 90°00'00" angle right, 96.00
feet; thence easterly at a 179°58'46" angle right, 290.22 feet; thence northerly at a 90°00'00"
angle right, 296.78 feet; thence southeasterly at 54°29'24" angle left, 751.43 feet; thence
southwesterly at a 90°20'58" angle left, 22.39 feet; thence southerly at a 148°50'22" angle right,
435.83 feet; thence easterly at a 89°59'53" angle right, 13.93 feet; thence southerly at a
89°59'53" angle left, 170.07 feet to a point on a line offset 20.00 north of and parallel with the
south line of Section 9; thence easterly at a 90°00'19" angle right, along said offset line parallel
with said South section Line easterly 1035.38 feet, more or less to a point on the North-South
section line common to Sections 9 and 10, said point being 20.00 feet northerly of the 9-10-15-16
Section corner; thence north along said common Section line 2624.34 feet, more or less to the
Quarter corner common to Sections 9 and 10 and the True Point of Beginning.
Excepting therefrom: those parcels owned by the City of Redding and identified in Book 2277
O.R. Page 863, and Book 1386 O.R. 499.
Prepared by/under the supervision of Frank Lehmann PLS 5680
On August 25, -'000. _ p
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7 N89'2.T37'W 0' ' �' TO C TY CF REDOING 25555.01.(BASS CF BEARING)
§ 7267.2.
(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.
California Codes, Rules. BAJI and CALJIC
Copyright 1999 Matthew Bender&Co.. Inc.
PROOF OF SERVICE BY MAIL
I, ARLENE RILEY, 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 of Redding'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:
Charles R. Boggs, General Partner
Shasta View Investments
A California Limited Partnership
4401 Hazel Avenue,No. 275
Fair Oaks, CA 95628.
I declare under penalty that the foregoing is true and correct.
Executed September 6, 2000, at Redding, California.
ARLE EY