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HomeMy WebLinkAboutReso 91-332 - Finding that requires acquistion for Roadway purposes a permanent easement in a portion of property owned by Irene M Davis, parcel # 071-270-03 33672 To *RECORDED AT REOUEST OF ��r nay RF4�03�iG - -- AT IPlTrrPRST M OFFICIAL RECORDS SHASTA COUNTY,CAUF, RESOLUTION NO. ,g1 AUG1 3 1991 ASSESSOR-RECOMER FEf F E E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION FOR ROAD PURPOSES A FEE INTEREST IN A PORTION OF REAL PROPERTY OWNED BY IRENE M. DAVIS, COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 071-270-03. 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 widening of Old Alturas Road, by the acquisition for roadway purposes of a fee interest in a portion of the real property owned by Irene M. Davis commonly referred to as A.P.N. 071-270-03 . Section 2 . Section 40404 of the Government Code authorizes the City to acquire the necessary real property interests for said street widening by eminent domain. Section 3 . An offer required by §7267 . 2 of the Government Code has been made to the owner or owners 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. I Section 6. The City hereby ratifies the Negative Declaration .� a prepared for this project showing that it has no substantial impact upon the environment and that an environmental impact report is not )Lc45 ,1PACE 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 Charlie Moss, Vice Mayor City of Redding ATTEST:' " FORM APPROVED'ROVE : ETHEL` 'A. NICHOLS,".City Clerk for RANDALL HAYS, City Attorney 2 t' c BGOK I�J�PACE3,jq March 13, 1991 Job No. 89.233.4 Old Alturas Rd. Davis Page 1 Exhibit "A" All that real property situate in the Northeast one-quarter of Section 32, Township 32 North, Range 4 West, M.D.M. , City of Redding, County of Shasta, State of California, being a portion of the lands conveyed to Thomas E. Davis et ux. , by deed recorded July 18, 1957 in Book 538 of Shasta County Official Records at Page 428, said portion being more particularly described as follows: Commencing at a 6"x6" concrete monument marked RE 5438 at the northwest corner of the south one-half of the northeast one-quarter of said Section 32 as shown on that certain map recorded June 29, 1979 in Book 18 of Parcel Maps at Page 115, Shasta County Records; thence along the north line of Parcels 1 and 2 as shown on said map South 88032'41" East 1186.50 feet (South 88043'04" East 1186.83 feet per said map) to the northwest corner of said Davis lands; thence along the westerly line of said Davis lands, South 00.57'37" West (South 00049'00" West per said 538 OR 428) 560.10 feet to the Point of Beginning; thence from said Point of Beginning, across said Davis lands, South 86047'37" East 151 . 18 feet to a point on the easterly line of said Davis lands; thence along said easterly line South 00057137" West (South 00049'00" West per said 538 OR 428) 9.83 feet to a 5/8" iron pin marked RE 5438 on the northerly line of County Road #38-D (Old Alturas Road) and the southeast corner of said Davis lands; thence along said northerly line of Old Alturas Road, North 89002'23" West 151.06 feet (North 89011100" West 151 .30 feet per said 538 OR 428) to a 5/8"rebar at the southwest corner of said Davis lands; thence along the westerly line of said Davis lands North 00057'37" East (North 00049'00' East per said 538 OR 428) 15.76 feet to the Point of Beginning. The above described parcel contains 1932 square feet more or leas. SKETCH ATTACHED i t� 22 ! BGCK2 /�J PAGE335 4-2 to aCCo GOtJG. MO►J. M ICD Re 54 58 DAV IS p AP?i-270-03 12' FUTU2E- L7E�IGATIOAI TIME of oevE I_oP MC-UT II�l..TaS. I A2�A O F -rA K E r POIWT OF N Ic�l'I$► N 5 00'57'3T"IAJ KI00'057'B I5.7Co' AL_TUF-A ROAD MICD RE S43>� I S I.00o' 30' IEXNI151T "t" Fo V- ma �Av awyoftaftaca. goo" ..��yy�� 33672 BGCK2' 5l?AGE336