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Home My WebLink AboutReso 91-334 - Finding that requires acquistion for Roadway purposes a permanent easement in a portion of property owned byJames & Louise Beaty, parcel # 071-260-04 and 071-260-03 33674 , ORDED AT REQUEST.OF. 0v f _ GsIY p� 1G AT h M OFROAL RECORDS SHASTA COUNTY,0UR RESOLUTION NO Au G 1 3 1991 ASSESSOR-RECORDER FEE "' 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 JAMES T. BEATY AND LOUISE BEATY, COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 071-260-02 AND 071-260-03. 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 James T. Beaty and Louise Beaty commonly referred to as A.P.N. 071-260-02 and 071-260-03 . 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," "B," "C," and "D" 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 1 �cJ�PAGE341 prepared for this project showing that it has no substantial impact 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 �y Charlie Moss, Vice Mayor City of Redding ATTEST-: FORM ROVE ETHEL A. ' NICHOLS-.' City Clerk for RANDALL A. HAYS, City Attorney 2 March 12, 1991 Job No. 89.233.4 Old Alturas Rd Beatyrl. 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 James T. Beaty and Louise Beaty, by deed recorded July 11, 1963 in Book 751 of Shasta County Official Records at Page 158, said portion being more particularly described as follows: Commencing at a 6"x 6" concrete monument marked RE 5438 at the northwest corner of the south one-half of the northeast one-quarter of said Section 32; thence along the west line of said northeast one-quarter South 01024'45" East 829.74 feet to the centerline of Old Alturas Road, as shown on Parcel Map No. LS 52-86 as recorded in Book 27 of Parcel Maps at Page 5, Shasta County Records; thence continuing along said west line South 01.24'45" East 263.77 feet; thence South 88.51'33" East 384.28 feet (South 89'01'20" East 384.74 feet per 751 OR 158) to an iron pipe marked RE 5438 at the southwest corner of said Beaty parcel; thence along the westerly line of said Beaty parcel North 01'24' 58" West (North 01.3445" West per 751 OR 158) 319.95 feet; thence along a northerly line of said Beaty parcel South 88.51'33" East 251 .02 feet (South 89.01120" East 251 .40 feet per 751 OR 158) ; thence along a westerly line North 01.24'58" West (North 01.34'45" West per 751 OR 158) 164.65 feet to the Point of Beginning; thence from said Point of . Beginning, continuing along said westerly line North 01.24'58" West 13.09 feet to a point on the southerly line of County Road #38-D (Old Alturas Road) ; .thence along said southerly line South 75'0353" East (South 75.13'40" East per 751 OR 158) 20.84 feet to the northeast corner of said Beaty parcel; thence along the easterly line of said Beaty parcel South 01'24158" East (South 01-34'45" East per 751 OR 158) 8.23 feet; thdnce leaving said easterly line, from a tangent bearing North 87'47' 10" West, along a curve to the left, having a radius of 770.00 feet, a central angle of 01'29124" and an arc distance of 20.03 feet to the Point of Beginning. The above described parcel contains 11117 square feet more or leas. SKETCH ATTACHED BGCIi� f�IPAGE343 • 4 . ONAIzEA o F -r rKE KT•S. 0 =43.1-7'00" p-' 2so'00� S"75�03'S3"E L-- ( 715.7 S' as.29' SOI'24'S8"E W O 1•Z4'S0'k1 / / f 13.0`i' 53.!03' A=1 154 S3'153 ( IZ= 00' F01UT OF L= 173 .'7 S' TAIJGEI.IT �EGItJ1Jl►.1G S�'1•ICo' 3S°E I 12' FUTUI•ZE DEDIGATIOkl t�1 Time OF 1/1& G02 N 17t=VEL-oPMEI' T &X&OCouc MoU d, MY-0 ;ZE 2438 Solo 24'4VC- 829.74' PEP--L7 PMS r4-1 M 0 0 ;d I� 0 501 24145"E . 5i38'��33''E EXH1131VO" 384.28' POR 12o►.J PIPE MATY 1 M KD 2E 55438 s Shwrob Ow&p oW K In% mak'/-nuvdos•swwr" 3"1 soalwiq tar» • SwIto 1W • RoddIMCo. N� (!16)221-1792 " A r-7�u i s oa l Pa r F i o F=,7 R,:1 7 S.-4 600X2'1!jlPA6E 344 March 12, 1991 Job No. 89.233.4 Old Alturas Rd Beaty2 Page 1 i Exhibit "C" 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 convyed to James T. Beaty and Louise Beaty, by deed recorded November 9, 1954 in Book 443 of Shasta County Official Records at Page 41, said portion being more particularly described as follows: Commencing at a 6"x 6" concrete monument marked RE 5438 at the northwest corner of the south one-half of the northeast one-quarter of said Section 32; thence along the west line of said northeast one-quarter South 01.24'45" East 829.74 feet to the centerline of Old Alturas Road, as shown on Parcel Map No. LS 52-86 as recorded in Book 27 of Parcel Maps at Page 5, Shasta County Records; thence continuing along said west line South 01.24'45" East 263.77 feet; thence South 88.51'33" East 384.28 feet (South 89.01'20" East 384.74 feet per 443 OR 41) to- an iron pipe marked RE 5438; thence North 01.24' 58" West (North 01.34'45" West per 443 OR 41) 441 .23 feet to the Point of Beginning; thence from said Point of Beginning, continuing along said easterly line, North 01.24'58" West (North 01.34'45" West per 443 OR 41) 53.63 feet to a point on the south line of County Road #38-D (Old Alturas Road) ; thence said southerly line the following, from a tangent bearing North 61.39'07" East, (North 61.29'20" East per 443 OR 41) along a curve to the right, having a radius of 230.00 feet, a central angle of 43'17'00" and an arc distance of 173.75 feet; thence South 75.03'53" East 85.29 feet (South 75'14'40" East 85.68 feet per 443 OR 41) ; thence leaving said southerly line, along the easterly line of said Beaty parcel, South 01.24'58" East (South 01.34'45" East per 443 OR 41) 13.09 feet; thence f leaving said east line, from a tangent bearing North 89.16135" West, along a curve to the left, having a radius of 770.00 feet, a central angle of 18'53'53" and an arc distance of 253.97 feet to the Point of Beginning. The above described parcel contains 212 square feet more or less. SKETCH ATTACHED BGS 2r �I PAGE 34a S �J ALTlJRAS Q�t SO I.24'S 8"E N O 1'24'S8`4J \ &23' Fol UT of 13.09' REGI IUI�J 11,10,, 8��47'io°!1J 3 5EE FAIL fcI QT BECaIUUIQG At¢.EA OF 0 ,9 ?PACE P--770.Cap 12' FUTUIzE p L'20.03' pE ptc^Tto" ] DETAIL TIM E OF IDE�lEWPMEI�JT' ' 588'51' 33"E 251.02' -� M:T.& 1/1!o G02 — 40xlo GOQc- MONJ M KD R•E S455 5010 24'ASPE MEATY 6Z9. 74' A P -71- 26,0-02 PE 2 27 PM 5 3 N _ M oti.l t `Y N 0 — 384:28' 1 2o1j P I PE I I M kD 2E 5438 EDXH 151 T 111�0 11 Owmh pwns.p amenewing•narwang•m—aw. FOR 2M 9®aaa tom. Sint. wa 90002 E3EATY 2 (11e)221-1792 --pp 33674 BCCK2451PACE346