HomeMy WebLinkAboutReso 95-015 - Finding public convenience & necessity require the acquisition of road owned by Marvin Barton Jr parcel # 109-030-21 for Abernathy Ln/Tarmac Rd right of way RECORDING REQUESTED BY 516
CITY OF BEDDING RECORDED IN OFFICIAL RECORDS
OF SHASTA COUNTY, CALIFORNIA
ARM—FASTI P— M
WHEN RECORDED RETURN TO JAN 1995
CITY OF RIDDING n .
CITY CLERKS OFFICE J%-FEE
760 PARKVIEW AVENUE RECORDING FEES —
REDDING CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
RESOLUTION 95-15
DOCUMENT TITLE(S)
"Separate Page" pursuant to Government Code §27361.6 �� ;;��,:�.
RESOLUTION NO.
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 MARVIN BARTON, JR. , COMMONLY REFERRED
TO AS ASSESSOR'S PARCEL NUMBER 109-030-21, FOR THE ABERNATHY
LANE/TARMAC ROAD RIGHT-OF-WAY 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 Old
Oregon Trail by the City of Redding, namely widening of Old Oregon
Trail, by the acquisition for roadway purposes of a fee interest in
a portion of the real property owned by Marvin Barton, Jr. commonly
referred to as Assessor' s Parcel No. 109-030-21.
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
California, are necessary for the construction and maintenance of
the aforesaid public improvement, and the taking of said real
property interests is necessary therefor.
Section 6. The requirements of CEQA have been met for the
project by E.D. No. 5-90 and EIR No. 3-90.
Section 7 . The City Attorney of the City of Redding is hereby
V
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 3rd day of January, 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
R BERT C. ANDERSON, Mayor
City of Redding
ATT ST ;1t F s ti FORM, APPROVED:
CONNIE STROHMEYER, ity Clerk DOUGL4jH. CALKINS
Assistant City Attorney
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April 27, 1994
Job No. 89.122
EXHIBIT "A"
Legal Description
A parcel of land situate in the Northeast one-quarter of
Section 3, Township 31 North, Range 4 West, MDM, Shasta
County, California, being all that portion of that certain
parcel of land conveyed to Marvin Barton, Jr. by deed
recorded September 24, 1987 in Book 2G46 of Official
Records, page 753, Shasta County Records, lying
northeasterly of the following described line:
Commencing at the North one-quarter corner of said Section
3, being marked by a 6"x 6" concrete monument, from which
the center of said Section 3, being marked by a 1/2" iron
pipe tagged RE 9738, bears South 00'07'40" West, 2643.83
feet; thence from said point of commencement, along the mid
section line, South 00'07'40" West, 118.70 feet, to the
POINT OF BEGINNING; thence leaving said mid-section line,
South 33'09'42" East, 17.65 feet; thence South 27'34'45"
East, 244 76 feet, more or less, to a point 'on the southerly
line of said Barton parcel , and the POINT OF TERMINATION.
The above described parcel contains 4,371 square feet, more
or less.
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