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Home My WebLink AboutReso 91-157 - Approve sale of permanent drainage easement to Caltrans for the Shasta View Dr/Sr 44 interchange RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE SALE OF A PERMANENT DRAINAGE EASEMENT TO CALTRANS FOR THE SHASTA VIEW DRIVE/SR44 INTERCHANGE, AND AUTHORIZING THE MAYOR TO SIGN THE NECESSARY DOCUMENTATION, INCLUDING AN EASEMENT DEED, ON BEHALF OF THE CITY. I IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the City selling a permanent drainage easement to the State of California, Department of Transportation, as shown on the map attached hereto and made a part hereof, for the sum of $850. 00 ; that said easement is necessary for the Shasta View Drive/SR44 Interchange. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said the necessary documentation, including an Easement Deed, on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. 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 16th day of April , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss and Buffum NOES: COUNCIL MEMBERS: None ' ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None i I ' i l / � NAN�Y B FUM, May / City of Redding ATTEST: FO PPROVED: ! ETHEL A. NICHOLS, City Clerk R DALL A. HAYS, City Attorney �. I 1 Dist. Co. Rte. P.M. E.A. California 02 Sha 44 R1.8 260559 I - ,19_ d CITY OF REDDING grantors Document No. 10680 in the form of a Easement Deed , covering the property particularly described in the above instrument has been executed and delivered to William F. Rettke Right of Way Agent for the State of California. f i In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Pay the undersigned grantors the sum of $850.00 for the property or interest conveyed by the above document when title to said property vests in the State. (B) Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by the State, the premium charged therefor. This transaction will be handled through an escrow with the State of California, Department of Transportation, 2250 Benton Drive, Redding, CA. 1 3 . In consideration of the State' s waiving the defects and imperfections in the title, the undersigned grantors covenant and agree to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The grantors' obligation herein to indemnify the State shall not exceed the amount paid to the grantors under this contract. Yu Gtr°� i 4. It is agreed and confirmed by the parties hereto, that notwithstanding other provisions in this contract , the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on April 1 , 1991 or close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2{A} herein includes, but is not limited to, full payment for such possession and use, including damages, if i any, from said date. 5. Grantors warrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantors agree to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantors for a period exceeding one month. I i 1 i i i 1 ' IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED By: BY: Title: Title: i APPROVAL RECOMMENDED: jBy STATE OF CALIFORNIA Right of Way Agent Department of Transportation i By Chief, Acquisition Branch, Deputy District Director, District 2 Right of Way, District 2 f I I i i J 7 I SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION DISTRICT COUNTY ROUTE POST MILE NUMBER EASEMENT DEED 02 Sha 44 R1 .8 10680 I GRANT to the State of California an EASEMENT for_ drainage purposes upon, over and across that certain real property in the County of Shasta State of California, described as follows: That portion of the parcel in the N. 1/2 of the N.W. 1/4 of Section 4 , T. 31 N. , R. 4 W. , M.D.M. , conveyed to JEAN M.. BEAUCHAMP, by deed recorded September 2, 1975 in Book 1292 at page 518, Official Records of Shasta County, described as follows : Commencing at a brass cap monument marking Engineer' s Station "C" 193+00 . 000 P.O.T. , as shown on the map entitled "SURVEY OF A CONTROL LINE FOR STATE HIGHWAY PURPOSES" , filed May 3 , 1961 in Book 26 of Land Surveys at page 29, Shasta County Records ; thence, along said Control Line, S 56010' 00" E, 200 .00 feet ; thence, S 33050 ' 00" W, 110 . 00 feet to the TRUE POINT OF BEGINNING of this description; thence, S 23008 ' 34" E, 119. 27 feet ; thence, S 83021 ' 06" E, 118 .04 feet to the northeasterly line of said parcel conveyed to Jean M. Beauchamp; FORM RW 02-16 (REV. 12-82) 29629-500 s-aa ern'•OSv lI i lRW 02-16 Parcel 10680 Page- 2 thence, along said northeasterly line, N 52004 ' 52" W, 155 . 40 feet to an angle point in said line; thence, continuing along said northeasterly line, N 56010 '00" W, 50 . 00 feet to the TRUE POINT OF BEGINNING. Containing 0 . 15 acre, more or less . The bearings and distances used in the above description are on the California Coordinate System of 1927 , Zone 1 . Multiply distances shown by 1 . 00012308 to obtain ground level distances . i i This real property description has been prepared by me,or under my direction,in conformance with the Professional Land Surveyors Act. i SignatureLAND Licensed Land Surveyor Date /l Z/ Q O BOYD F. WEBB Name * 5821 Number 6-30-92 �'9�. Exp.Date F OF C i i IN WITNESS WHERF,0F, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of ' 19- By 1.9$y President By Secretary I [CORPORATE SEAL] STATE OF CALIFORNIA County of ss. On before me, the undersigned Notary Public in and for said County and State, personaliv appeared ❑ person�ll,;known to me, E, proved io me on the basis of satisfactory evidence, to be the person—who executed the within instrument as the President and Secretary, respectively, of and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. (for notary seal or stamp) Signature Notary Public in and for said County and State (CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SECTION 27231) Tius IS To CERTIFY. That the State of California, grantee herein, acting by and through the Department of Transportation, hereby accepts for public purposes the real property, or interest therein, conveyed by the within deed and consents to the recordation thereof. 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