HomeMy WebLinkAboutReso 91-041 - Acquisition of 20' permanent public serv easement & 30' temp const easement for sewer trunk lines for Clover Creek Sewer Assessment Dist No. 1987-2; parcel # 056-570-12 (Billy K Bragg & Cheryl Tobin) -- R UOLO TO Aft RECQRDED AT REQUEST OF
CITY OF REDDIN3
760 Parkview Ave. AT MIN. PAST M
Redding, CA. 96001 OFFICIAL RECORDS SHASTA COUNTY, CALIF.
JAN 8 1991
RESOLUTION NO. NO
�ss�ssoR-REco�1 fftF FEE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF A 20 ' PERMANENT PUBLIC SERVICE EASEMENT AND A
30 ' TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC IMPROVEMENTS,
NAMELY INSTALLATION OF SEWER TRUNK LINES FOR CLOVER CREEK
SEWER ASSESSMENT DISTRICT NO. 1987-2 ; ASSESSOR' S PARCEL NO.
056-570-12 (BILLY K. BRAGG AND CHERYL TOBIN, OWNERS)
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IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
Section 1 . The City Council of the City of Redding finds
and determines that public convenience and necessity require the
extension of public improvements, namely installation of sewer
i trunk lines for Clover Creek Sewer Assessment District No. 1987-
2 , by the City of Redding; and the acquisition of a 20 ' permanent
public service easement and a 30 ' temporary construction easement
for said public improvements over, under, and through the real
property owned by Billy K. Bragg and Cheryl Tobin, Assessor' s
i Parcel No. 054-570-12.
Section 2. Government Code Section 37350. 5 authorizes the
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City to acquire the necessary real property interests for said
public improvements by eminent domain.
Section 3 . City Council 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. i
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0/ o G saoK�G6 0 ®PAGE391
Section 4 . City Council has ratified the Negative
I Declaration prepared in connection herewith, finding that no
significant effect on the environment is created hereby.
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Section 5. City Council also finds and determines that the
real property interests sought to be acquired, situated in the
City of Redding, County of Shasta, and State of California, as
more particularly described in Exhibits A, B and C attached
ahereto and incorporated herein by reference, Assessor' s Parcel
No. 056-570-12, are necessary for the construction and
maintenance of the aforesaid public improvements, and that the
taking of said real property interests is necessary therefor.
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Section 6 . In adopting this Resolution, City Council hereby
ratifies the offer of purchase attached hereto as Exhibit D.
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
the necessary real property interests.
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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.
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BOOK20® B PACE392
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 2nd day of January , 1991, and was
duly adopted at said meeting by a four-fifths vote as follows:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
NANCY B FUM, yor
City ,/o Redding
ATTEST: /f /
` E EL� dd•H S, City C r�
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FO PPROVE D
oe
R DALL A. HAYS, City Attorney
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8001(26 A ( PAGE393
EXHIBIT "A"
General Description
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(Easements to be Acquired)
This parcel is a rectangular shaped, level, oak tree studded
lot located in the Tucker Oaks East Subdivision. The lot is
identified as Lot No. 27. A house is under construction on
the lot. A 20 foot wide public service easement (PSE) , of
approximately 2400 square feet, adjacent to the easterly
boundary and 30 foot temporary construction easement (TCE) , of
approximately 3600 square feet, adjacent to the PSE are
required from this parcel. A road and utility easement
presently encumbers the easterly 60 feet of the parcel. See
1 maps, drawings and legal descriptions attached.
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BOOK26 d d PAGE'9-X
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APPROX SCALE
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LOT 27
BILLY K. 5RA&G - a
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AP 5(a-510- 12
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W PER 1(e MAPS 97
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\� tZd PLJ ELIC SERVICE
EASEME.�tr AN[?
Q. Sd TEMPORARY
CoW5TRUGTI0M EASEM&
W FKOM
BILLY t�. I32Afxf� �
20 PUMIG 5ERVIGE EASEM'T CHE2 O Tot3lt�l
I 'Y'O
3O'TEMP0FAFY601 fFTR FASEM'T I- - CITY .OF REDDIWA
I BoU26® I PAGE 2 95
DATE P5E
EXHIBIT "C" A.P. # 056-570-12
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A 20 foot wide permanent easement containing approximately 2400. 0
square feet, across a parcel of land situate in the State of
California, County of Shasta, said easement being described as
follows:
The east 20 feet of Lot 27 of Tucker Oaks East, Tract 1544 ,
(measured at right angles to the east line of said Lot) , as
recorded February 11, 1981, in Book 16 of Maps at Page 87,
Shasta County Records.
Together with:
A temporary construction easement with the right and privilege to
enter upon and use for the placing or piling thereon of earth,
materials, and machinery, and for other purposes useful or
necessary in connection with the construction of the sanitary sewer
pipeline adjacent thereto;
Said temporary construction easement, being 30 feet wide,
containing approximately 3600. 0 square feet, and described as
follows:
The west 30 feet of the east 50 feet, of Lot 27 of Tucker Oaks
East, Tract 1544, (measured at right angles to the east line
of said lot) , as recorded February 11, 1981 in Book 16 of Maps
at Page 87, Shasta County Records, the easterly line of said
temporary construction easement being coincident with the
westerly line of the above described 20 foot wide Permanent
Easement.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
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BO ' 26 0 d PAGE 396
EXHIBIT "D"
9i 0� AE�
City of Redding
October 4, 1990
Billy K. Bragg
Cheryl Tobin
6727 Eastmont Drive
Redding, CA 96002
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Re: Portions of Lot 27 of Tucker Oaks East Subdivision (a
rectangular shaped parcel of approximately 0. 66 gross acre) ,
generally located adjacent to and easterly of Eastmont Drive,
in the unincorporated area of Shasta County, APN 56-570-12, as
follows:
(a) 20 foot wide permanent public service easement (2400± sq.
ft. ) adjacent to the easterly boundary, and
(b) 30 foot wide temporary construction easement (3600± sq.
ft. ) adjacent to and westerly of the public service
easement. This temporary construction easement shall
terminate upon recordation of a "Notice of Completion" by
i� the City of Redding.
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Dear Mr. Bragg and Ms. Tobin:
a
This letter constitutes an offer of just compensation from the City
of Redding to acquire the above easements from you, together with
the required summary statement of the basis for that compensation.
The permanent and temporary easements which the City would consider
acquiring are generally described in Exhibit "A" , are shown in
f Exhibit "B" , and are more particularly described in Exhibit "C"
attached hereto. (The whole of the property is described in
Exhibit "D" attached hereto. ) The offer of just compensation for
such property interests is $ 350. 00. The City of Redding offers to
acquire the proposed easements, free and clear of all encumbrances
whatsoever and all conditions or reservations, except those
expressly approved by the City for this property. Any escrow costs
associated with this acquisition are to be paid by the City.
760 PARKVIEW AVENUE, REDDING CA 9600 1-3 396 TELEPHONE 916-225-4000
Boo K26 A /PAGE397
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Page Two
Billy K. Bragg
Cheryl Tobin
1 The just compensation of $ 350. 00 which the City is offering is
the fair market value based on an appraisal of the easements
prepared by Ryan & Associates, Real Estate Appraisers and
Consultants. This sum is believed by the City to be the fair value
of the easements and, consequently, the just compensation for same.
The City has based its determination of just compensation on its
inspection of the property and its consideration of the above
appraisal. In the opinion of the City, the just compensation
offered to you for these easements complies with the definition of
fair market value recognized by the Eminent Domain Courts of the
State of California and used by the City and its appraisers in
making their determination of. just compensation.
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If you have any questions regarding any of the above, please feel
free to contact me at 225-4050. If it is your decision to accept
the City's offer for this property, please sign the enclosed
Acceptance and return the same to this office on or before
We look forward to hearing from you in the near future.
Very truly yours,
Q,
� DALL A. HAYS
City Attorney
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enclosures
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BOOK26 A 7 PAGEU98
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iEXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is a rectangular shaped, level, oak tree studded
lot located in the Tucker Oaks East Subdivision. The lot is
identified as Lot No. 27 . A house is under construction on
the lot. A 20 foot wide public service easement (PSE) , of
approximately 2400 square feet, adjacent to the easterly
boundary and 30 foot temporary construction easement (TCE) , of
approximately 3600 square feet, adjacent to the PSE are
required from this parcel. A road and utility easement
presently encumbers the easterly 60 feet of the parcel. See
maps, drawings and legal descriptions attached.
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BooK26/ d PAGE399
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2d PUMIC. SERVICE EASEM'T 1 TO
30� rl✓MR�RARYCOtJSTR EASEM'T CITY OF REDDI NG
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DATE
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EXHIBIT "C" A.P. # 056-570-12
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A 20 foot wide permanent easement containing approximately 2400. 0
square feet, across a parcel of land situate in the State of
California, County of Shasta, said easement being described as
follows:
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The east 20 feet of Lot 27 of Tucker Oaks East, Tract 1544 ,
3 (measured at right angles to the east line of said Lot) , as
recorded February 11, 1981, in Book 16 of Maps at Page 87,
Shasta County Records.
Together with:
A temporary construction easement with the right and privilege to
i enter upon and use for the placing or piling thereon of earth,
i materials, and machinery, and for other purposes useful or
necessary in connection with the construction of the sanitary sewer
pipeline adjacent thereto;
Said temporary construction easement, being 30 feet wide,
containing approximately 3600. 0 square feet, and described as
follows:
The west 30 feet of the east 50 feet, of Lot 27 of Tucker Oaks
1 East, Tract 1544 , (measured at right angles to the east line
of said lot) , as recorded February 11, 1981 in Book 16 of Maps
at Page 87, Shasta County Records, the easterly line of said
temporary construction easement being coincident with the
westerly line of the above described 20 foot wide Permanent
Easement.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
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aooK2677PAGE401
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EXHIBIT "D"
(Whole Parcel before Acquisition of Easements)
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BILLY K. BRAGG
CHERYL TOBIN
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The land referred to is situated in the State of California,. County
of Shasta, and is described as follows:
City of (Unincorporated area)
Lot 27 , as shown on the map of Tucker Oaks East Tract 1544, Filed
February 11, 1981 in Book 16 of Maps at Page 87, Shasta County
Records.
9 A.P.N. : 056-570-12
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