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Home My WebLink AboutReso 1990-135 - Finding that public convenience and necessity require the acquisition of and outfall 12679 RETURN Th ES $FAINT oP • j ?"or RE'DD9N,C AT c C5," MIN.PAST 760 P.-rkviev�,Avec RECOApg24As!*COUArtb,CALIF 9.6001 MAR 26199O RESOLUTION NO. aIO'13 )- RECORDER E$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF (1) AN OUTFALL PIPELINE AND ACCESS EASEMENT CONTAINING 0 .69 ± ACRES AND (2) A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 1 . 30 ± ACRES (ASSESSOR' S PARCEL NO. 057-110-14) FOR PUBLIC IMPROVEMENTS , NAMELY THE STILLWATER REGIONAL WASTEWATER TREATMENT PLANT (OWNED BY NICHOLAS M. GRIECO AND ISABEL E. GRIECO, HIS WIFE, AS TO AN UNDIVIDED 37 .50% INTEREST; EUGENE R. CRIPPA AND MARY P. CRIPPA, HIS WIFE , AS TO AN UNDIVIDED 37 .50% INTEREST; AND ERIC MARTIN CRIPPA, A SINGLE MAN, AS TO AN UNDIVIDED 25% INTEREST) . 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 the Stillwater Regional Wastewater Treatment Plant, by the City of Redding, and the acquisition of (11 an Outfall Pipeline and Access Easement containing 0 .69 ± acres and (2) a Temporary Construction Easement containing 1 .30 ± acres , over, under, and through the real property owned by: (a) Nicholas M. Grieco and Isabel B. Grieco, his wife, as to an undivided 37 . 50% interest; (b) Eugene R. Crippa and Mary P. Crippa, his wife, as to an undivided 37 .50% interest; and (c) Eric Martin Crippa, a single man, as to an undivided 25% interest; (Assessor' s Parcel No. 057-110-14) for said public improvements. 90•1 95 ?AU 92 111 Section 2 . Government Code Section 37350 . 5 authorizes the 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. Section 4 . It has been determined that this matter comes within the Project described in EIR-1-84 (Stillwater Regional Wastewater Treatment Plant) , and the City Council has considered said EIR in approving the acquisition of the above-mentioned real property interests , in compliance with the California Environmental Quality Act. 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 Exhibit A and shown outlined on the sketch attached hereto and incorporated herein by reference, Assessor' s Parcel No. 057-110-14 , are necessary for the construction and maintenance of the aforesaid public improve- ments, and that the taking of said real property interests is necessary therefor. Section 6 . In adopting this Resolution, City Council hereby ratifies the offer of purchase attached hereto as Exhibit "B" . Section 7 . The City Attorney of the City of Redding is hereby authorized, empowered, and directed to perform as follows : -2- r? 30UIt4fO 3 � V PRGE � 411 III 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 . 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 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 20th day of March, 1990 , and was duly adopted at said meeting by a four-fifths vote as follows: AYES: COUNCIL MEMBERS : Buffum, Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS : None )4p* / SCOTT CARTER, Mayor City of Redding ATTEST;:;;. -1 t"-Coe ig ;fir'^ it- ETHEL A NICHOLS, Cit, Clerk 47 ,,,,66/ / ,_ , _ 7f-r- FORM.. -PROVED: c,, I RA i DALL• A. HAYS , C ' ty Attorney -3- BGualS J'fAGE134 EXHIBIT "A" A.P. 057-110-14 December 8, 1989 CRIPPA, ERIC 14.05 PART 1: OUTFALL PIPELINE AND ACCESS EASEMENT A strip of land 30. 00 feet in width lying 15. 00 feet on each side of the following described centerline: Beginning at a point on the Westerly line of Parcel 4 of Parcel Map No. 570-77 for Eugene R. Crippa in the Northwest one-quarter of Section 12, Township 30 North, Range 4 West, M.D.M. , filed in Book 12 of Parcel Maps at Page 111, Shasta County Records, from which the Northwest corner of said Parcel 4 bears N.19°57 '23"E. , 587.15 feet; thence, along the centerline of said strip the following courses: N.73°33 '52"W. , 17.58 feet; N.55°05'53"W. , 98.59 feet; N.86°18 '16"W. , 135. 16 feet; S.54°28 '34"W. , 102.77 feet; S.83°54 '23"W. , 207.70 feet; N.88°33 '03"W. , 120.67 feet; S.81°45'00"W. , 279.85 feet; S.86°36'43"W. , 37.44 feet to the Point of Termination on the West line of the above said Section 12, from which the Northwest corner bears N. 0°07 '11"E. , 598.14 feet, Containing 0. 69 acres, more or less. PART 2: TEMPORARY CONSTRUCTION EASEMENT That portion of the Northwest one-quarter of said Section 12 lying Westerly of said Parcel 4, Southerly of the above described 30. 00-foot wide strip of land and Northerly of the following described line: Beginning at a point on the Westerly line of said Parcel 4, from which the Northwest corner bears N. 19°57 '23"E. , 661.23 feet; thence, 5.19°57 '23"W. , 74.08 feet; N.74°59'45"W. , 85.05 feet; N.75°49'39"W. , 119.47 feet; S.77°00'52"W. , 84.57 feet; S.89°44 '18"W. , 94.06 feet; S.66°01'18"W. , . 90.75 feet; N.64°26'12"W. , 28.46 feet; S.89°18 '05"W. , 102.06 feet; S.68°47 '07"W. , 107.50 feet; S.78°55'09"W. , 252.05 feet to the Point of Termination on the West line of the above said Section 12 from which the Northwest corner bears N. 0°07 ' 11"E. , 698. 14 feet. BY OATS Containing 1.30 acres, more or less. PREPARED ri.,1,1 WP-N/1405-14.DES BGUK25SOPAcf135 TMs°CHECKED C t/r/ 0 • SEG. 2 ( /" co/F. -,..,'� 1 a N o NI 1 J ib �� hi /\) o` � / 0 L, v � ;y : PCL 4 m o o :1r M ‘411 I /2 PM /// ' N0 00 0 M N o o 0) O � � (9 to (o -- WOW tANu \( ER1ESi MACHIE4NER I; i * LS5162 - s EXP. 3-30-91 EASEMENT" A `�`rE cac.# 7/ FROM ESP/G CR/PPA ENGINEERING / I AdJURE//SED FEB. /, , 8G0KOPACEitO REY/SED DECE/7B&4 /9s9 ,41/61./ST /988 A.R. +0 OF7-//O-/4 110 • 1A • '® ' Ruffp,n ., Redding February 23, 1990 Nicholas M. Grieco and Isabel B. Grieco 7988 Black Thorn Avenue El Cajon, California 92020 Eugene R. Crippa, Mary P. Crippa and Eric Martin Crippa 9033 Clear View Drive Anderson, California 96007 Ladies and Gentlemen: Re: Rescinding Previous Offers This letter rescinds all previous offers by the City of Redding to you for an outfall easement over Assessor's Parcel No. 057-110-14. Re: Acquisition of an Outfall Pipeline and Access Easement containing 0.69 ± acres, and a Temporary Construction Easement containing 1.30 t acres; Assessor's Parcel No. 057-110-14; for the Stillwater Regional Wastewater Treatment Plant. This letter constitutes an offer of just compensation from the City of Redding for the acquisition of the above-referenced easements, together with the required summary statement of the basis for that compensation. The outfall pipeline and access easement and the temporary construction easement which the City would consider acquiring are described in Exhibit "A" and shown on the sketch attached hereto and incorporated herein.. The offer of just compensation for such real property interests is a total of $3,000.00. The City of Redding offers to purchase said easements for their intended use !!�� ry EXHIBIT "B" BG Add VPACE1.� 760 PARKVIEW AVENUE, REDDING CA 96001-1196 TFT FPia(WF 4114 Annn 1 Nicholas Pl. Grieco and Isabel B. Grieco Eugene R. Crippa and Mary P. Crippa Eric Martin Crippa Page Two February 23, 1990 in conjunction with the Stillwater Regional Wastewater Treatment Plant, free and clear of all encumbrances whatsoever and all conditions or reservations, except those expressly approved by the City for said property interests, with any sales commissions to be paid by you, and any escrow costs to be shared equally. Any acquisition of the property by the City is subject to an environmental review and general plan consistency by the City of Redding. The just compensation of $3,000 .00 which the City is offering is the fair market value based on an appraisal of the real property interests prepared by Ryan & Associates, Real Estate Appraisers and Consultants; a written statement of and summary of the basis for is also attached hereto and incorporated herein by reference. This sum is believed by the City to be the fair value for said 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 said 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. 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 by return mail. Re: Notice of Hearing March 20 , 1990 In the event you do not wish to accept the City' s offer for the above easements, please be advised that it is the present intention of the City Council of the City of Redding to adopt a Resolution of Public Convenience and Necessity to acquire the above-mentioned real property interests owned by you, the legal description and a sketch of which are cited above and attached hereto. The City Council will hold a hearing prior to consideration of the adoption of the proposed Resolution on Tuesday, March 20 , BCi1K � PAGE 1 V • Nicholas M. Grieco and Isabel B. Grieco Eugene R. Crippa and Mary P. Crippa Eric Martin Crippa Page Three February 23, 1990 1990, at 7:00 p.m. , or as soon thereafter as the Council may hear it, in the City Council Chambers/Police Department building located at 1313 California Street, Redding, California . At such time and place, if you have requested a hearing in writing as hereinafter set forth, you will have the right to appear and be heard on the following matters: 1. Whether or not public interest and necessity require the project; 2. Whether or not the project is planned or located in a manner that will be most compatible, with the greatest public good and the least private injury; and 3. Whether or not the property interests sought to be acquired are necessary for the project. The project for which it is proposed to take the described interests in the property which you own, or in which you have a legal interest, namely the 0 .69 ± acres for an outfall pipeline and access easement and 1 . 30 ± acres for a temporary construction easement, as more particularly set forth on page one of this letter, is for the Stillwater Regional Wastewater Treatment Plant Project. Your failure to file a written request with the City Clerk within 15 days from the date hereof requesting an appearance and the opportunity to be heard at the hearing on March 20, 1990 , will result in a waiver of your right to be heard. Thank you for your considerations herein. Very truly yours, DALL A. HAYS City Attorney /AR Enclosures • CERTIFIED c: City Clerk Director of Public Works fir Qr� 3CUK...t�O PACE it)1 r;? 3-C- .6I • Aik 11. EXHIBIT "A" A.P. 057-110-14 December 8, 1989 CRIPPA, ERIC 14.05 PART 1: OUTFALL PIPELINE AND ACCESS EASEMENT A strip of land 30. 00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point on the Westerly line of Parcel 4 of Parcel Map No. 570-77 for Eugene R. Crippa in the Northwest one-quarter of Section 12, Township 30 North, Range 4 West, M.D.M. , filed in Book 12 of Parcel Maps at Page 111, Shasta County Records, from which the Northwest corner of said Parcel 4 bears N. 19°57 '23"E. , 587.15 feet; thence, along the centerline of said strip the following courses: N.73°33 '52"W. , 17.58 feet; N.55°05'53"W. , 98.59 feet; N.86°18'16"W. , 135. 16 feet; S.54'28'34"W. , 102.77 feet; 5.83°54'23"W. , 207.70 feet; N.88°33 '03"W. , 120.67 feet; 5.81°45'00"W. , 279.85 feet; 5.86°36'43"W. , 37.44 feet to the Point of Termination on the West line of the above said Section 12, from which the Northwest corner bears N.0°07 '11"E., 598.14 feet, Containing 0.69 acres, more or less. PART 2: TEMPORARY CONSTRUCTION EASEMENT That portion of the Northwest one-quarter of said Section 12 lying Westerly of said Parcel 4, Southerly of the above described 30.00-foot wide strip of land and Northerly of the following described line: Beginning at a point on the Westerly line of said Parcel 4, from which the Northwest corner bears N.19°57'23"E. , 661.23 feet; thence, S.19°57'23"W. , 74.08 feet; N.74°59'45"W. , 85.05 feet; N.75°49'39"W., 119.47 feet; S.77°00'52"W. , 84.57 feet; S.89°44'18"W. , 94.06 feet; S.66°01'18"W. , _ 90.75 feet; N.64°26'12"W. , 28.46 feet; S.89°18'05"W. , 102. 06 feet; S.68°47'07"W. , 107.50 feet; S.78°55'09"W. , 252.05 feet to the Point of Termination on the West line of the above said Section 12 from which the Northwest corner bears N.0°07'11"E. , 698.14 feet. 8 V DATE Containing 1.30 acres, more or less. WP-N/1405-14..BES 9' T c3 ra.Aec d/I.W • SEG. 2 1,coR � \h spa o° kl ,„ iil al NJ kg 0 0h/ -.7---z_ ... _______.„. _. , \ ,.,,,.. ,.. �� Irl eT'�a / `�!_ �� may` `\� \` ; 41) -4, iv- \.„-- -- -, .... . 7., , to ,,,. (,). , . ,..i\\ __,-,-- K f\ •••• :\ \ s_.*ti PCL 4 al N ‘ � -1 \ scg i• o * ha �� • hh & co 433 k k iii CO /. -- hL' fiCr . y -Y MESI F..-ttlfi j ! # LS5162 */ .,, EXP 5-30-91 ' r �► : EASEMENT \ � EC��+ '� / .�,�, FROM ESP/G Ch'/PSA Ss ,mow iin k/ ; oir- „ /p R�rrsEo FEB. /, /990 EN6INEERINC /// !/ST �`'��AGf�` REY/SED DECEi`IBF�;/969 �QUGUSr 1988 BGOK�: • • .- RYAN&ASSOCIATES -ear estate appraisers and consultants February 12, 1990 Mr. Randall A. Hays, City Attorney City of Redding 760 Parkview Avenue Redding, CA 96001-3396 Dear Mr. Hays: RE: Re-evaluation of the just compensation relative to the proposed acquisition from the 37.3 +\ acre parcel located on River Bluff Drive, Shasta County, California, and identified as Assessor's Parcel Number 057-110-14 Fie Na: 9990; Previous File No. 73489 Dear Mr. Hays: This letter is an amendment to our previously submitted appraisal with a valuation date of November 6, 1989, of the above reference property. This property was appraised under file number 73489, to which this letter is made an integral part This letter reflects a change int he area of taking. Based on the data contained in our previously submitted report, as amended by this letter, and its interpretation, and subject to the Underlying Assumptions and Limiting Conditions included in our previously submitted report, our estimate of the just compensation for the proposed acquisition, as of November 6, 1989 is: THREE THOUSAND DOLLARS $3,000 Attached are revisions to pages 30 through 34 of our previously submitted report. These revisions reflect the change in the area of taking. Sincerely, Maureen Fuller, MAI MF/sf REDDING OFFICE: CHICO OFFICE: 1724 WEST STREET, REDDING, CA 96001 330 WALL STREET, SUITE 4 PO.BOX 4226, REDDING, CA 96099-4226 CHICO, CA 95928 it�S��AGf �p{� FAX 916-246-1881 (916)83-3933 BCUKA. '4 (916)246-1635 • • DISCUSSION OF TAKING GENERAL DESCRIPTION OF TAKING The taking consists of the encumbering of a 0.69-acre portion of subject with an out fall pipeline and access easement and the encumbering of an additional 1.3 acres with a temporary construction easement for an 18-month period. This taking will, cross the portion of subject that is within the 100-year flood plain. DESCRIPTION OF THE REMAINDER The remainder will have 0.69 acres of its site encumbered with a out fall pipeline and access easement. The property owner will not be able to construct buildings on the easement area and, basically, will transfer the right of physical use for this area to the City of Redding. The present owner will retain ownership of the fee simple interest in the area and access across the easement will still be permitted. Therefore, we estimate that the current property owner will lose 50% of the fee simple interest value of this area. The temporary construction easement will have no effect after its 18-month duration. SEVERANCE DAMAGES AND SPECIAL BENEFITS If any fences or driveway access are disturbed by the taking, they will be returned to the same or better condition than before the taking. Therefore, there are no severance damages applicable to the taking. As there are no severance damages, there are no special benefits to the taking. 9990.mf BOOKtiJOIPACE 143 • • LEGAL DESCRIPTION OF TAKING 9990.mf 9002580PAC[144 • • • VALUE ESTIMATES VALUE ESTIMATE IN THE BEFORE CONDITION As discussed in the sales comparison approach, the value indicated for the property in the before condition is $120,000. VALUE ESTIMATE IN THE AFTER CONDITION The remainder, following the permanent taking, will have an area of 25.21 acres that will not be encumbered with this easement area and will have o.69 acres that will be encumbered with the easement. We estimate that the portion of subject that will be encumbered with the easement will lose 50% of its value to the current property owner by the taking. The following is the estimated value for subject property in the after condition 25.21 acres @ $4,633 per acre $116,798 0.69 acres @ $2317 per acre 1,599 Total $118,397 (Rounded) $118,400 VALUE ESTIMATE FOR THE PART TAKEN The permanent taking consists of the encumbering of a 0.69-acre portion of subject with an out fall pipeline and access easement. As the current property owners will retain rights to cross the area, the loss in value by this taking is 50 percent of the estimated value int he before condition, or $2,317 per acre. The following is the value estimate for the permanent taking: 0.69 acres @ $2,317 per acre $ 1,599 (Rounded) $ 1,600 9990.mf BOO K,4JOUPAGE 145 • • • To this value estimate for the permanent taking is added the estimate of the just compensation for the temporary construction easement. This compensation is based on a fair return to be received by the property owner for the period of duration for the area of this temporary construction easement. We estimate that a property owner would expect a 15 percent return in the renting of property for a short period of time. The following is the calculation for the just compensation value estimate for the temporary construction easement: Area of Taking for the temporary construction easement 1.30 Acres Value Estimate for area of taking for the temporary construction easement (1.3 acres @ $4,633 per acre) $6,023 Rate of Return expected by the property owner 15% Annual Rent expected by the property owner ($6,023 x .15) $ 903 Rent Expected by property owner for duration of taking ($903 x 1.5 years) $1,355 (Rounded) $1,400 Total Value Estimate for the Park Taken Permanent Taking $1,600 Temporary Taking 1,400 Total $3,000 9990.mf 9005801PACE146 • lur RECONCILIATION The following are the value indications for subject property in the before condition reached by the three approaches: Cost Approach Not Applicable Sales Comparison Approach $120,000 Income Approach Not Applicable Since the property is being appraised as if vacant and available for development, neither the cost approach nor the income approach is considered applicable. Only the sales comparison approach is used to estimate the market value for the fee simple interest in subject property in the before condition. Based on the data contained in this report, as revised by this letter, and subject to the Underlying Assumptions and Limiting Conditions included in our previously-submitted report, our estimate of the just compensation for the taking, as of November 6, 1989, is as follows: Value Estimate in the Before Condition $120,000 Value Estimate in the After Condition $118,400 VAlue Estimate of the Part Taken: Permanent Taking $1,600 Temporary Taking $1,400 Total Value Estimate for the Part Taken $ 3,000 Severance Damages - 0- Special Benefits - 0 Total Just Compensation $ 3,000 9990.mf ti �126798CUKUPAGE147