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HomeMy WebLinkAboutReso 95-089 - Finding public convenience & necessity require acquisition for road purposes owned by the Corp of the President of the Gridley, Ca stake of The Church of Jesus Christ of Latter-Day Saints, Parcel # 068-130-25, for Churn Creek Widening RECORDING REQUESTED BY • 11553 CITY OF REDDING RECORDED IN OFFICIAL RECORDS OF SHASTA COUNTY, CALIFORNIA� MIN. PAST42- -M WHEN RECORDED RETURN TO MAR 311995 CITY OF REDDING QA;4 aj&x.CITY CLERKS OFFICE ��/� 760 PARKVIEW AVENUE R c� Fos...NO E BEDDING CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE RESOLUTION NO . 95-089 DOCUMENT TITLE(S) "Separate Page" pursuant to Government Code §27361.6 r, .327PAGE®®2 RESOLUTION NO. q5' O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION FOR ROAD PURPOSES A FEE INTEREST IN A PORTION OF REAL PROPERTY OWNED BY THE CORPORATION OF THE PRESIDENT OF THE GRIDLEY, CALIFORNIA STARE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 068-130-25, FOR THE CHURN CREEK ROAD WIDENING PROJECT. BE IT RESOLVED by the City Council of the City of Redding (hereinafter referred to as "City" ) as follows: Section 1. The City finds and determines that public convenience and necessity require the public improvement of Churn Creek Road by the City of Redding, namely widening of Churn Creek Road, by the acquisition for roadway purposes of a fee interest in a portion of the real property owned by the Corporation of the President of the Gridley, California Stake of the Church of Jesus Christ of Latter-Day Saints, commonly referred to as Assessor' s Parcel No. 068-130-25. Section 2 . Section 4090 of Streets and Highways Code authorizes the City to acquire the necessary real property interests for said street widening by eminent domain. Section 3 . An offer required by §7267 . 2 of the Government Code has been made to the owner of record of the real property sought to be taken by these eminent domain proceedings. Section 4. The City finds and determines that the subject project has been planned and is to be located in the manner that will be most compatible with the greatest public good and the least private injury. Section 5. The City finds and determines that the acquisition of the real property interests depicted in Exhibits "A" and "B" attached hereto, situate in the County of Shasta, State of (J, t California, are necessary for the construction and maintenance of the aforesaid public improvement, and the taking of said real property interests is necessary therefor. r�� .3274 PAGE 003 Section 6. The requirements of CEQA have been met for the project by EIR No. 3-81 and Supplement to EIR 3-81 dated July, 1990. Section 7 . The City Attorney of the City of Redding is hereby authorized, empowered, and directed to perform as follows: a. Commence an action or actions in eminent domain in the Superior Court of the State of California, County of Shasta, in the name of the City of Redding to acquire necessary real property interests; and b. To incur in the name of the City of Redding, and on behalf thereof, all obligations and expenses necessary to acquire the above-mentioned real property interests. Section 8 . The City Clerk of the City of Redding is hereby directed to cause a certified copy of this Resolution to be recorded in the office of the Shasta County Assessor/Recorder. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 21st day of March , 1995, and was duly adopted at said meeting by a four-fifths vote as follows: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, _Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ROBERT C. ANDERSON, Mayor City of Redding `r�Di6ttr �rPpty/r T' - �� r FORM OVED 0 17 J '.�o 0 r.. S RO W. LEONARD NGATE .tolrkW'tom City Attorney 'irr 0 st Ift tffi l9�_51 Yl�t.�0 . 2 �3274�A�-004 EXIIIBIT "A" LEGAL DESCRIPTION A.P. #068-130-25 All that real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: The Easterly 6.00 feet of the following described parcel: All that portion of the Southeast quarter of the Northeast quarter of Section 7, Township 31 North, Range 4 West, M.D.B. & M., described as follows: COMMENCING at a 6-inch by 6-inch concrete monument marked R.E. 5438 set at the Southeast corner of Layton Oaks Subdivision, as recorded in Book 8 of Maps at Page 11 in the office of the Shasta County Recorder, said corner being also the Southwest corner of the Southeast quarter of the Northeast quarter of Section 7, Township 31 North, Range 4 West, M.D.B & M.; thence along the South line of the Southeast quarter of the Northeast quarter of said Section 7, North 89047'18" East 1293.70 feet to a point on the Westerly right-of-way line of County Road N73-D, as described in the deed to County of Shasta recorded June 7, 1955 in Book 461 Official Records at Page 95, Shasta County Records, said point being marked by an iron pipe marked L.S. 2208; thence along said Westerly right-of-way line North 0°43'16" West 330.02 feet to the point of beginning of this parcel; thence from said point of beginning, continuing North 0°43'16" West 336.22 feet; thence leaving said Westerly right-of-way line South 89°47'18" West 387.02 feet; thence, South 0°12'42" East 336.20 feet; thence North 89°47'18" East 390.00 feet to the point of beginning. _ Together with a 30.00-foot radius corner rounding as shown on Exhibit "B" attached hereto and made a part hereof. Together with any remaining fee title interest lying Westerly of the section line between Sections 7 and 8, Township 31 North, Range 4 West, M.D.M. (Centerline of Churn Creek Road) and between the Easterly prolongation of the center line of Shirley Lane for a distance of 65.47 feet, measured Westerly from the section line, and Northerly of the Easterly prolongation of the South line of the parcel described above. d:\docs\plO-22 ;r� •'cy� ��PAGEO®5 z I I I w LU SCALE: I"=100' I I I m r AP. 68-130-25 I I I z z - -- - - - - - - -- - -- - -�—I S Sq°47'18" W zzv SH I LF. I,/ LN.�l. O 65.4-' v N - — —— S 8ci047'18" W N 8q0471I8" E 38-1.02 m - N 87.06' 351.28' R=30.00' L=46.86' I_ ORIOINAL R/W LINE m m m m m m 12,105 9f. EXISTING R/W _ AREA TO BE TAKEN IN FEE w w tu FOR STREET PURPOSES - 3 �0 - It I Q m N NEW R/W LINE ° O - - - -- 00 O o O V z TAKEN N FO BE y z Z EE 0 — — — — — G7.06' — 384.00' S 8q°47'18" W �'� t N 8Q°47'18" E 1380.00' I I O V I I i I C i?ANT DEED FROM CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS GIN OFREDDINO EXHIBIT B MARCH Icici5 D(PIO-22)C[3 11553 i;k!1274PAG'006