HomeMy WebLinkAboutReso 1990-136 - Public convenience and nescessity require the acquisution of an outfall pipline • 12680
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OFROIAL RECORDS SHASTA COUNTY,CAL"R
MAR 26 1990
RESOLUTION NO. 90-/36- ��!E
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RECORDER E$ ......86 �
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 .44 ± ACRES AND (2) A TEMPORARY CONSTRUCTION
EASEMENT CONTAINING 1 . 13 ± ACRES (ASSESSOR' S PARCEL NO.
057-110-19) FOR PUBLIC IMPROVEMENTS , NAMELY THE STILLWATER
REGIONAL WASTEWATER TREATMENT PLANT (NICHOLAS M. GRIECO AND
ISABEL B. GRIECO , HIS WIFE, OWNERS) .
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 (1) an Outfall Pipeline and Access Easement
containing 0 . 44 ± acres and (2) a Temporary Construction Easement
containing 1 . 13 ± acres, over, under, and through the real
property owned by Nicholas M. Grieco and Isabel 4. Grieco, his
wife (Assessor' s Parcel No. 057-110-19) , for said public
improvements .
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
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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. 057-110-19 , 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:
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 .
-2-
BOOi(258OPAGE 149
t • •
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
/ fee-Or '
SCOTT CARTER, Mayor
City of Redding
ATTEB.T
B HEL NICHOLS , City Clerk ,
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F M PPROVED.
G e/ i�L� ,' /
RADDALL' A. HAYS , City Attorney
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soox258OPAGE 150
EXHIBIT "A"
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 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:
S.73°33 '52"E. , 234.60 feet;
S.69°12 '13"E. , 200.47 feet;
S.27°10'04"E. , 210.13 feet to the Point of Termination on the
Southerly line of said Parcel 4
from which the Southeast corner
bears N.80°48'41"E. , 59.90 feet;
said Point of Termination being
hereinafter referred to as
Point "A"
containing 0.44 acres, more or less.
PART 2: TEMPORARY CONSTRUCTION EASEMENT
Two portions of the above said Parcel 4, consisting of
Parcels "A" and "B" described as follows:
Parcel "A"
That portion of the above said Parcel 4 lying Southerly of the
above described 30.00-foot wide strip of land and Northerly of
the following describe 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.66°46'52'1E. , 81.18 feet;
S.79°44 '03"E. , 74.83 feet;
BOOK250OPAGE 151
411 M
EXHIBIT "A"
(continued)
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 14.05
(Page 2)
S. 60°33 '16"E. , 136.06 feet;
S.55°45'09"E. , 89.01 feet;
5.60°42 '58"E. , 65.47 feet;
S.47°05 '16"E. , 61.56 feet;
5.38°04 '25"E. , 42.17 feet to the Point of Termination on the
Southerly line of said Parcel 4.
Parcel "B"
That portion of the above described Parcel 4 described as
follows:
Commencing at said Point "A" ; thence, N.80°48'41"E. , 15.77 feet
to the TRUE POINT OF BEGINNING; thence, along the Northeasterly
line of the 30.00-foot strip of land described in Part 1 above,
N.27°10'04"W. , 220.76 feet; thence,
S.69°12 '13"E. , 23.75 feet;
5.31°07 '03"E. , 126.87 feet;
S.21°30'35"E. , 82.32 feet to the Southerly line of said
Parcel 4; thence, along said
Southerly line
5.80°48 '41"W. , 17.37 feet to the TRUE POINT OF BEGINNING.
Parcels "A" and "B" together containing 1. 13 acres, more or less.
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February 23, 1990
Nicholas M. Grieco and Isabel B. Grieco
7988 Black Thorn Avenue
El Cajon, California 92020
Dear Mr. and Mrs. Grieco:
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.
057-110-19.
Re: Acquisition of an Outfall Pipeline and Access Easement
containing 0.44 ± acres, and a Temporary Construction
Easement containing 1 .13 ± acres; Assessor's Parcel No.
057-110-19; 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 $3,650.00. The City of
Redding offers to purchase said easements for their intended use
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
EXHIBIT "B't 1
BOOK258OPAGE 154 - .
Mr. and Mrs. Nicholas M. Grieco
Page Two
February 23, 1990
environmental review and general plan consistency by the City of
Redding.
The just compensation of $3 ,650 .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 ,
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:
300K2580 PAGE 155
411 410
Mr. and Mrs. Nicholas M. Grieco
Page three
February 12, 1990
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
lecal interest, namely the 0 . 44 ± acres for an outfall pipeline
and access easement and 1 . 13 ± 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,
RANDALL A. HAYS
City Attorney
/AR
Enclosures
CERTIFIED
c: City Clerk
Director of Public Works
BOOX258OPACE 156
• •
EXHIBIT "A"
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 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, H.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:
S.73°33'52"E° , 234.60 feet;
S.69°12'13"E. , 200.47 feet;
S.27'10'04"E. , 210.13 feet to the Point of Termination on the
Southerly line of said Parcel 4
from which the Southeast corner
bears N.80°48'41"E. , 59.90 feet;
said Point of Termination being
hereinafter referred to as
Point "A"
containing 0.44 acres, more or less.
PART 2: TEMPORARY CONSTRUCTION EASEMENT
Two portions of the above said Parcel 4, consisting of
Parcels "A" and "B" described as follows:
Parcel "A"
That portion of the above said Parcel 4 lying Southerly of the
above described 30.00-foot wide strip of land and Northerly of
the following describe 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.66°46'52"E. , 81.18 feet; •
5.79°44'03"E. , 74.83 feet;
8Q0K2580PAGE 157
• 4
EXHIBIT "A"
(continued)
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 14.05
(Page 2)
S.60'33'16"E., 136.06 feet;
S.55°45'09"E. , 89.01 feet;
S.60.42'58"E. , 65.47 feet;
S.47'05'16"E. , 61.56 feet;
S.38°04'25"E. , 42.17 feet to the Point of Termination on the
Southerly line of said Parcel 4.
Parcel "B"
That portion of the above described Parcel 4 described as
follows:
Commencing at said Point "A"; thence, N.80°48'41"E. , 15.77 feet
to the TRUE POINT OF BEGINNING; thence, along the Northeasterly
line of the 30.00-foot strip of land described in Part 1 above,
N.27°10'04"W., 220.76 feet; thence,
5.69'12'13"E., 23.75 feet;
S.31°07'03"E., 126.87 feet;
S.21.30'35"E. , 82.32 feet to the Southerly line of said
Parcel 4; thence, along said
Southerly line
S.80.48'41"W., 17.37 feet to the TRUE POINT OF BEGINNING.
Parcels "A" and "B" together containing 1. 13 acres, more or less.
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RYAN&ASSOCIATES
(71
real 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 11.11 +/- acre parcel located on River Bluff Drive, Shasta County, California,
identified as Assessor's Parcel Number 057-110-19
File No.: 4990; Previous file no.: 73389
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 73389, to which this letter is made an integral part. This letter reflects a
change in the 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, SIX HUNDRED, FIFTY DOLLARS $3,650
Attached are revisions to pages 28 through 32 of our previously-submitted report. These
revisions reflect the change in the area of taking.
Sincerely,
, 7d9
Maureen Fuller, MAI o
MF/sf
GID
REDDING OFFICE: CHICO OFFICE:
1724 WEST STREET, REDDING, CA 96001 330 WALL ST=EET, SUITE 4 c}
PO.BOX 4226, REDDING,CA 96099-4226 CHICO,CA 95928
FAX 916-246-1881 (916)8`•3-3933
(916) 246-1635
•
DISCUSSION OF TAKING
GENERAL DESCRIPTION OF TAKING
The taking consists of the encumbering of a 0.44-acre portion of subject with an out-fall
pipeline and access easement and the encumbering of an additional 1.13 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 0.44 acres of its site encumbered with an 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.
499Q.mf
5DOK2580PAGE161
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 14.05
(Page 2)
S.60'33'16"E. , 136.06 feet;
5.55'45'09"E. , 89.01 feet;
S.60'42'58"E. , 65.47 feet;
S.47'05'16"E. , 61.56 feet;
S.38'04'25"E. , 42.17 feet to the Point of Termination on the
Southerly line of said Parcel 4.
parcel "B"
That portion of the above described Parcel 4 described as
follows:
Commencing at said Point "A"; thence, N.80'48'41"E. , 15.77 feet
to the TRUE POINT OF BEGINNING; thence, along the Northeasterly
line of the 30.00-foot strip of land described in Part 1 above,
N.27'10'04"W. , 220.76 feet; thence,
S.69'12'13"E. , 23.75 feet;
S.31'07'03"E. , 126.87 feet;
S.21'30'35"E. , 82.32 feet to the Southerly line of said
Parcel 4; thence, along said
Southerly line
S.80'48'41"W. , 17.37 feet to the TRUE POINT OF BEGINNING.
Parcels `A" and "B" together containing 1.13 acres, more or less.
WP-N/1405-19.DES
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800K2580PACE162
LEGAL DESCRIPTION
A.P. #057-110-19 December 8, 1989
GRIECO, NICHOLAS 14.05
FART 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
Nap 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:
S.73'33'52"E. , 234.60 feet;
S.69'12'13"E. , 200.47 feet;
S.27'10'04"E. , 210.13 feet to the Point of Termination on the
Southerly line of said Parcel 4
from which the Southeast corner
bears N.80'48'41"E. , 59.90 feet;
said Point of Termination being
hereinafter referred to as
Point "A"
containing 0.44 acres, more or less.
PART 2: TEMPORARY CONSTRUCTION EASEMENT
Two portions of the above said Parcel 4, consisting of
Parcels "A" and "B" described as follows:
Parcel "A"
That portion of the above said Parcel 4 lying Southerly of the
above described 30.00-foot wide strip of land and Northerly of
the following describe 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.66'46'52"E. , 81.18 feet; •
S.79'44'03"E. , 74.83 feet;
4990A f
soox258 PAGE 163
4 . . „
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 $85,000
VALUE ESTIMATE IN THE AFTER CONDITION
The remainder, following the permanent taking, will have an area of 10.67 acres that will
not be encumbered with this easement area and will have o.44 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:
10.67 acres @ $7,651 per acre $81636
0.44 acres @ $3,826 per acre 1,683
Total $83,319
(Rounded) $83,300
VALUE ESTIMATE FOR THE PART TAKEN
The permanent taking consists of the encumbering of a 0.44-acre portion of subject with
an out-fall pipeline and access easement. As the current property owner will retain rights
to cross the area, the loss in value by this taking is 50 percent of the estimate value in the
before condition, or $3,826 per acre. The following is the value estimate for the
permanent taking:
0.44 acres @ $3,826 per acre $ 1,683
(Rounded) $ 1,700
4990.nd
BOOK258OPAGE 164
.:M• , • •1
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 1.13 Acres
Value Estimate for area of taking for the temporary
construction easement ($7,651 x 1.13 acres) $8,646
Rate of Return expected by the property owner 15%
Annual Rent expected by the property owner ($8,646 x .15) $1,945
Rent Expected by property owner for duration of taking $1,945
$1,297 x 1.5 years
(Rounded) $1,950
Total Value Estimate for the Park Taken
Permanent Taking $1,700
Temporary Taking 1,950
Total
$3,650
4990.mf
Boox25: 1 pAC(165
•
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 $85,000
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 $85,000
Value Estimate in the After Condition $83,300
VAlue Estimate of the Part Taken:
Permanent Taking $1,700
Temporary Taking $1,950
Total Value Estimate for the Part Taken $ 3,650
Severance Damages - 0-
Special Benefits - 0
Total Just Compensation $ 3,650
499()mf
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BOOK25OOPAGE166