HomeMy WebLinkAboutReso 94-156 - Finding that public interest & necessity require the acquisition of a 30' permanent overhead electric utility easement located at 1661 Keswick Dam Rd owned by Calvin & Rose Ballard (APN 115-240-02) i
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RESOLUTION NO. 94-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A 30' PERMANENT OVERHEAD ELECTRIC
UTILITY EASEMENT CONTAINING 0.17± ACRES FOR A
TRANSMISSION LINE FOR NECESSARY PUBLIC IMPROVEMENTS,
NAMELY THE CONSTRUCTION AND MAINTENANCE OF THE QUARTZ
HILL/KESWICK 115/12KV TRANSMISSION LOOP PROJECT.
THE PROPERTY IS OWNED BY CALVIN L. BALLARD AND ROSE M.
BALLARD, AND IS GENERALLY LOCATED AT 1661 KESWICK DAM
ROAD IN SHASTA COUNTY (APN 115-240-02) .
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 Quartz Hill/Keswick 115/12kV
Transmission Line 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.
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2. Government Code Section 37350. 5 and Code of Civil Procedure
Section 1240. 125 authorize the City to acquire the necessary
real property interests for said public improvements by
eminent domain.
3 . The Planning Commission, on August 11 , 1992, certified Final
Environmental Impact Report 3-91 (FEIR-3-91) , and made its
recommendation to the City Council for the location of the
substation and the preferred route for the Project.
4. The City Council, on September 15, 1992, adopted the
following Resolutions:
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A. No. 92-402, certifying that FEIR-3-91 adequately
addressed the environmental impacts of this Project,
and made the finding that changes or alterations have
been required in or incorporated into the Project which
mitigate or avoid the significant environmental effects
thereof as identified in FEIR-3-91; and
B. No. 92-403 , adopting a Mitigation Monitoring/Permit
Compliance Checklist for the Project, as a condition of
Project-approval to alleviate possible environmental
effects.
5. The City Council hereby determines that FEIR-3-91 adequately
addresses the environmental impacts of this Project, and
makes the finding that changes or alterations have been
required in or incorporated into the Project which mitigate
or avoid the significant environmental effects thereof as
identified in FEIR-3-91.
6. The City Council also finds and determines:
A. That the Project is essential for continued development
in the north/northwest Redding area;
B. That the line will assure continued reliable City
electric service by providing loop transmission service
to north Redding substations; and
C. That it is necessary to acquire the following real
property interests for the construction and maintenance
of the Project, and that the taking of said interests
is necessary inasmuch as the property is located along
the preferred line route chosen pursuant to the
exhaustive routing studies which were part of FEIR-3-
91:
► a 30' permanent overhead electric utility easement
containing 0.17± acres for a transmission line as
described in Exhibit "A" and shown crosshatched in
the accompanying sketch attached hereto and
incorporated herein by reference.
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Said real property interests are owned by Calvin L.
Ballard and Rose M. Ballard, and are generally located
at 1661 Keswick Dam Road in Shasta County (APN 115-240-
02) and State of California.
7. That the offer required by Section 7267 . 2 of the Government
Code has been made to the owners of record.
8 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
obligations and expenses necessary therefor.
9. 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 Recorder/Assessor.
I HEREBY CERTIFY that the foregoing Resolution was
introduced, read, and adopted at the June 7, 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, Murray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ROBERT C. ANDERSON, Mayor
City of Redding
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ST OW APPROVED:
COiN:rE STRO SER, City Clerk RANDALL A. HAYd, City Attorney
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POPAGL
EXHIBIT "A"
SHEET 1 OF 2
A. P. N'o. : 115-240-02 Date : Sept . 20 . 1993
OVERHEAD ELECTRIC UTILITY EASEMENT
A STRIP OF LAND BEING 30.00 FEET IN WIDTH, SITUATE IN THE COUNTY OF
SHASTA. STATE OF CALIFORNIA, BEING 15 FEET ON EACH SIDE• OF THE
FOLLOWING DESCRIBED CENTERLINE:
Beginning at a point on the Southerly line of that certain parcel
of land described in the Deed to Calvin L. Ballard and Rose M.
Ballard. Joint Tenants . recorded in Book 1122 of Official Records ,
Page 96,, Shasta County Records ; Said point bears S 89'07 ' 19" W. , a
distance of 80 . 10 feet from the Southeast corner of said Ballard
parcel & being the TRUE POINT OF BEGINNING: Thence N 33'00 ' 15" E . ,
a distance of 121 . 09 feet ; Thence N 0'29' 14" E . , a distance of
133 . 53 feet more or less to the Southerly Right of Way Line of
Keswick Dam Road and the terminus of this line ; The sidelines are
to be lengthened or shortened as to begin at the Southerly line and
end at the Northerly line respectively of said Ballard property.
Containing 0 . 17 acre , more or less .
„r, '117®PAGE147
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EXHIBIT "A"
SHEET 2 OF 2
N 1/4 COR.
III SEC11ON 21
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SCALE: 1" = 100'
2S�3a SFS SEC.21,T.32 N.,R.5 W.,M.D.M.
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o BALLARD
1122 OR 96
CENTERLINE 30' OVERHEAD at
ELECTRIC UTILITY ESM'T c
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80.10'
49 .921640.00' v
405.00 E 1/4
CENTER SEC.21 (589'07'19"W - 2538.92) SEC.21
EASEMENT
FROM BALLARD
TOCITY OF REDDING
NO. 5337
- OWill , inc .
DATE: FPs 20.199
26343 A.P. N0. 115-240-02