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HomeMy WebLinkAboutReso 94-363 - Acquisition of 4.03 namely Shasta View Dr Ext Project Victoria Knolls Subdivision property owned by Michael & Delores Franklin RECORDING REQUESTED BY 46 RECORDED IN OFFICIAL RECORDS OF SHASTA COUNTY, CALIFORNIA' MIN. PASTORM WHEN RECORDED RETURN TO JAN 1995 CITY OF REDDING 760 Parkview Avenue Redding CA 96001-3396 RECORDING FEFSE THE AREA ABOVE IS RESERVED FOR RECORDER'S USE RESOLUTION 94-363 DOCUMENT TITLE(S) "Separate Page" pursuant to Government Code §27361.6 rF;( .:3243PAGE659 f RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF 4.03± ACRES IN FEE FOR NECESSARY PUBLIC IMPROVEMENTS, NAMELY THE SHASTA VIEW DRIVE EXTENSION PROJECT, AS A CONDITION OF APPROVAL OF THE VICTORIA KNOLLS SUBDIVISION. THE PROPERTY IS OWNED BY MICHAEL J. FRANKLIN AND DOLORES A. FRANKLIN, AND IS GENERALLY LOCATED ON THE NORTH SIDE OF OASIS ROAD, DIRECTLY ACROSS FROM INDIAN COUNTRY DRIVE, REDDING, SHASTA COUNTY, CALIFORNIA; APN 074-210-02) . IT IS HEREBY RESOLVED by the City Council of the City of Redding that: 1. The City Council finds and determines that public interest and necessity require the extension of public improvements by the City of Redding for the Shasta View Drive Extension Project (Project) , and that this Project is planned or located in the manner that will be most compatible, with the greatest public good and the least private injury. 2 . Government Code section 37350 . 5 and section 66462. 5 of the Subdivision Map Act authorize the City to acquire the necessary real property interests for said public improvements by eminent domain. 3 . The Redding Planning Commission, on January 26 , 1988, certified Environmental Impact Report EIR-1-87 (FEIR-1-87) for General Plan Amendment GPA-4-87 , the Oasis Road Area Plan, which identifies the need to extend Shasta View Drive north of Oasis Road to provide access and alleviate traffic congestion within the plan area. 4. The Redding Planning Commission, after a public hearing on February 9, 1988 , recommended approval to the City Council of GPA-4-87, the Oasis Road Area Plan, for which the land-use map exhibit depicts an extension of Shasta View Drive north of Oasis Road across from LL Indian Country Drive, Redding (Assessor ' s Parcel No. 074-210-02) . ff� 5 . The Redding City Council, on March 1, 1988 , determined that FEIR-1- v 87 adequately addresses the environmental impacts associated with c F L.3243 PAG.660 GPA-4-87, the Oasis Road Area Plan; and on April 5, 1988, adopted Resolution No. 88-139 approving the General Plan amendment as forwarded by the Planning Commission. 6 . The Redding Planning Commission, on October 8 , 1991, ratified a negative declaration and approved the tentative map of the Victoria Knolls Subdivision, subject to 31 conditions of approval. In accordance with Policies B1 , B2, and B3 of the Oasis Road Area Plan, Condition 5 of the tentative map approval requires the dedication of off-site and on-site right-of-way necessary to provide access to the subdivision via an extension of Shasta View Drive from Oasis Road. 7 . The City Council hereby determines that FEIR-1-87 adequately addresses the environmental impacts associated with the subject right-of-way acquisition. 8. The City Council also finds and determines: a. That the right-of-way acquisition is essential to provide for the continued development of the area encompassed by the Oasis Road Area Plan. b. That the development of this segment of Shasta View Drive is necessary to provide a logical, safe, and efficient arterial street network within the area encompassed by the Oasis Road Area Plan. C. That it is necessary to acquire the following real property interests for construction and maintenance of this segment of Shasta View Drive, and that the taking of such interests is necessary inasmuch as the property is located along the most physically logical and preferred route pursuant to reviews which were a part of City of Redding Final Environmental Impact Report EIR-1-87 , General Plan Amendment GPA-4-87 , and the Victoria Knolls Tentative Subdivision Map 5-48-90: 4.03± acres in fee as described and shown in Exhibits A and B attached hereto and made a part hereof Said real property interests are owned by Michael J. Franklin and Dolores A. Franklin, and are generally located on the north side of Oasis Road, directly across C'F; �°,32 3PAGEVV1 from Indian Country Drive, Redding, Shasta County, California (APN 074-210-02) . 9. That the offer required by Section 7267 . 2 of the Government Code has been made to the owners of record. 10. The City Attorney of the City of Redding is hereby authorized, empowered, and directed, in the name of and on behalf of the City of Redding, to commence an action or actions in eminent domain in the Superior Court of the State of California, County of Shasta, to acquire the above-mentioned real property interests, and to incur all necessary obligations and expenses therefor. 11 . 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, read, and adopted at the December 20, 1994, regular meeting of the City Council of the City of Redding by the following four-fifths vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge. and 'R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS.: Murray oe ROBERT C. ANDERSON, Mayor City of Redding ATTEST. r. FORM APPROVED: CONNI ST�ROijkAY'ER- City Clerk RANDALL A. HA , City Attorney 3 r�_3243 PAGE 662 'h' ,.ti ^k. t.�$ .r-<T ?.'� .` say c, -M ',. +..- ��' �'` -C4�z -s.� N J. Gironda Job No. 92.205 February 25, 1993 EXHIBIT A LEGAL DESCRIPTION Parcel A A strip of land 60.00 feet wide lying 12.00 feet on the southwest and 48.00 feet on the northeast of a line situate in Section 8, Township 32 Not th, 1Zange 4 West, M.D.M., in the: City of Redding, Shasta County, California; more particularly described as follows: j Commencing at that certain centerline station 257+55.18 on Oasis Road which is marked by a standard centerline well-type monument with a brass cap stamped "Shasta County Surveyor" and recorded in Book 39 of Land Surveys, page 95, Shasta County Records; thence, along said centerline, from a tangent bearing of N65°36'23" E. along a curve to the left having a radius of 8001.95 feet, (8000.9 feet grid) a central angle of 11°09'26", and an arc distance of 1558.22 feet, to a point hereinafter referred to as Point "A"; thence leaving said centerline N32°46'52" W, 65.65 feet more or less to a point on the northwesterly right- of-way line of said Oasis Road and the POINT OF BEGINNING of this description; thence continuing N32°46'52" W, 854.89 feet more or less, to a point from which Point "A" bears S32046'52" E 920.54 feet; thence along a curve to the left having a radius of 985.00 feet, a central angle of 44°40'22", and an arc distance of 767.99 feet, to a point on the north line of said Section 8 and the Point of Termination, from which the northwest corner of Section 8 bears S87°35'19" W, 1511.51 feet. Said strip contains 2.17 acres, more or less. The side lines of said strip are to be lengthened or shortened so as to begin on the northwesterly right-of-way line of Oasis Road per said map and terminate oil the north line of said Section 8. Distances shown on the above referenced Book 39 Land Surveys, page 95, are grid distances, based on the California Coordinate System, Zone 1. Divide said distances by .9998685 to obtain ground distance. i Parcel B A parcel of land situate in Section 8,Township 32 North, Range 4 West, M.D.M., in the City of Redding, Shasta County, California, more particularly described as follows: Commencing at Point "A", as described in Parcel A above; thence N32°46'52" W, 65.65 feet more or less to a point on the northwesterly right-of-way line of Oasis Road; thence northeasterly along said right-of-way line N59°46'30" E, 48.05 feet to a point on the northeasterly side line of said Parcel A, and the POINT OF BEGINNING; thence northwesterly along said side line N32°46'52" W, 18.78 feet; thence leaving said side line from a tangent bearing of S32°46'52" E, along a curve to the left having a radius of 30.00 j feet, a central angle of 39°30'58" and an arc distance of 20.69 feet more or less to a point i on said right-of-way line; thence southwesterly along said line 559°46'30" W, 6.86 feet to the POINT OF BEGINNING. Said Parcel B contains 40 square feet, more or less. i Page 1 of 2 I -3243PAGr663 940103.RAM i J. Gironda Job No. 92.205 I:ebrua►y 25, 1993 Parcel C A strip of land 5.00 feet wide, measured at right angles, situate in Section 8, Township 32 North, Range 4 West, M.D.M., in the City of Redding, Shasta County, California, lying adjacent to and northeasterly of the herein described Parcel A and Parcel B. Said Parcel C contains .06 acres, more or less. Parcel D A strip of land of variable width, situate in Section 8, Township 32 North, Range 4 West, M.D.M., in the City of Redding, Shasta County, California, lying adjacent to and southwesterly of the southwesterly line of the herein before described Parcel A, and northeasterly of the following described line: Commencing at the Point of Beginning as described in said Parcel A; thence southwesterly along the northwesterly right-of-way line of Oasis Road, S59°46'30" W, 22.02 feet to a point that is 20.00 feet southwesterly (measured at right angles) from said southwesterly line of Parcel A and the POINT OF BEGINNING; thence N32°46'52" W, 22.35 feet; thence N29°55'07" W, 200.25 feet to a point that is 10.00 feet, measured at right angles, j southwesterly of said southwesterly line of Parcel A; thence N32°46'52" W, 500.57 feet; thence N36°21'40" W, 198.07 feet; thence N46°31'42" W, 288.42 feet; thence N58°36'34" W, 192.73 feet; thence N68°47'21" W, 194.43 feet; thence N78*57'33" W, 89.78 feet to a point on the northerly line of Section 8, and the Point of Termination, from which the northwest corner of said Section 8 bears S87°35'19" W, 1417.73 feet. Said Parcel C contains 1.33 acres, more or less. Parcel E A strip of land of variable width situate in Section 8, Township 32 North, Range 4 West, M.D.M., in the City of Redding, Shasta County, California, lying adjacent to and northeasterly of the northeasterly line of the herein described Parcel A and Parcel B, and southwesterly of the following described line: Commencing at the Point of Beginning as described in said Parcel A; thence northeasterly along said right-of-way line of Oasis Road N59°46'30" E, 77.18 feet to the POINT OF BEGINNING; thence leaving said right-of-way line from a tangent bearing of S59°46'30" W, along a curve to the right having a radius of 20.00 feet, a central angle of 86°13'19" and an arc distance of 30.10 feet to a point that is 10.00 feet northeasterly of, measured at right angles, to the northeasterly line of said Parcel A; thence N32°46'52" W, 983.56 feet to a i point that is 20.00 feet northeasterly of, measured radially, to said northeasterly line of Parcel A; thence from a tangent bearing of N40°41'01" W, along a curve to the left having a radius of 1053.00 feet, a central angle of 26°22'49" and an arc distance of 484.83 feet to a point on the north line of said Section 8 and the Point of Termination; from which the northwest corner of Section 8 bears S87°35'19" W, 1708.08 feet. Said Parcel D contains 0.47 acres, more or less. Page 2 of 2 1-3243PACA64 SITE +Q'g 5 SECTION LINE `6 PARCEL E PARCEL C Ilk. PARCEL D coDQ�VE Ls V,... o ` \ VICINITY MAP = N 0=44'48'22" \ \ NO SCALE n R=985.00' �\ r L=767.99' a V. N \. \ yJ PARCEL A PARCEL 8 ,6=39'30'58" \\ 1p0 R=30.00' \ s L-20.69' p' PARCEL B POB SEE D;,.T_'L PARCEL B P.O.B. \` —P.U.B. PARCEL A \ \ \ PAkCLL i DETAIL A \ P.O.B. NO SCALE PARCEL D 1 PARCEL A - ROAD AND UTILITY EASEMENT PARCEL B - ROAD AND UTILITY EASEMENT PARCEL C - PUBUC SERVICE EASEMENT 273+16.79, PARCEL 0 - SLOPE EASEMENT PARCEL E - SLOPE EASEMENT p EXHIBIT B o SHARRAH DUNLAP SAWYER. INC. I { ENGINEERING • PLANNING • SURVEYING_ i I 3161 Bechelli Lone Suite 103 Redding. Co. 9600: I (916) 221-1792 Fox (916) 221-8369 i 1 i ! C:\PR0J\P\92205\E>;NIG+I i1't:. 2-25-93 DPS 92.:05 940103.RAM 37 0 0 0 4 s p4ct S65