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HomeMy WebLinkAboutReso 91-330 - Finding that requires acquistion for Roadway purposes a permanent easement in a portion of property owned by Morris C Smith, parcel # 050-270-04 ED AT REQUEST OF 5' 33670 AT M#-F' T m MTY OF REDDING OFFICIAL RECORDS SHASTA COUNTY,CALIF. A,,U/G 13 1991 RESOLUTION NO. q/-.33o 71Lifia 1P � ASSESSOR-RECORDER FEE 0�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION FOR ROADWAY PURPOSES A PERMANENT EASEMENT IN A PORTION OF REAL PROPERTY OWNED BY MORRIS C. SMITH, COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 050-270-04. 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 extension by the City of Redding of public improvements, namely the realignment of the intersection of Eastside Road and S. Bonnyview Road, by the acquisition for roadway purposes of a permanent easement in a portion of the real property owned by Morris C. Smith, commonly referred to as A.P.N. 050-270-04. Section 2. Section 40404 of the Government Code authorizes the City to acquire the necessary real property interests for said roadway realignment 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 City of Redding, 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 City hereby ratifies the Negative Declaration prepared for this project showing that it has no substantial impact k upon the environment and that an environmental impact report is not necessary. 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 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 6th day of August , 1991, and was duly adopted at said meeting by a four-fifths vote as follows: AYES: COUNCIL MEMBERS: Arness-, Buffum, Fulton & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None o Charlie Moss, "Mice Mayor City of Redding ATTEST:' FORM PROV ETHEL- A. `NICHOLS',° City Clerk for RANDAId A. HAYS, City Attorney 2 0 EXHIBIT "A" EASEMENT FOR ROADWAY PURPOSES That real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of Section 23 of the P.B. Reading Grant described as follows: COMMENCING at the Southwest corner of the Bonnyview Tract, as shown on the map recorded in the office of the County Recorder October 31 , 1887 , in Book of Old Plats at page 27 , Shasta County Records, which is on the Eastern line of the Central Pacific Railroad right of way; thence along the Southerly line of said Bonnyview Tract, North 670 East, 285. 00 feet to the Northeast corner of that certain parcel described in the Deed recorded in Book 737 , page 046 , Official Records of Shasta County; thence leaving said Southerly line S. 07012' E. , 227 . 49 feet on and along the Easterly boundary of said parcel to the point of beginning. Thence running the following bearings and distances: leaving said boundary, S. 71045 ' W. , 87 . 98 feet; thence on a 230. 00' radius curve to the left, through a central angle of 0703815911 , a distance of 30.71 feet; to a point on the Southerly boundary of said parcel; thence on and along said boundary N. 82048 ' E. , 116. 01 feet to the Southeast corner of said parcel; thence N. 07012 ' W. , 24.74 feet on and along the Easterly property line to the point of beginning. 80C K2f i51mu 32! EXHIBI " C� GSC 285. lo N.T.S. oo rL N 6 i SW COR. BONNYVIEW TRACT O.P. 27 737 OR 046 z 1 N O O D N Q1 CURVE DATA R= 230' j 0= 7-38-59 L= 30.71' E -W AS'0° "O N 87.98 116.01 N 82-48-00 E �� EASEMENT FROM MORRIS C. SMITH TO CITY OF REDDING 33670 w*215 mot