HomeMy WebLinkAboutReso. 1989-263 - Finding that public convenicence and necessity require the acquisition of an easement over certain real property TQ 25574 �Q ��� u ���
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RESOLUTION NO. 89---,2_ 43Y*4411*n ,
CORDER FEES ......ae0609�m
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING •�
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF AN EASEMENT OVER CERTAIN REAL PROPERTY OWNED
BY FRANK VISCAINO AND JANICE VISCAINO FOR PUBLIC
IMPROVEMENTS , NAMELY THE BUILDING OF THE WEST LOOP 115/12 KV
TRANSMISSION LINE (PROJECT) .
BE IT 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 by the City of Redding, to wit,
an easement over real property owned by FRANK VISCAINO and JANICE
VISCA_INO for public improvements, namely the building of the West
Loop 115/12 kV Transmission Line (Project) .
Section 2 . Government Code Section 37350 .5 authorizes the
City to acquire the necessary easement over the real property
interests for said public improvements by eminent domain.
Section 3 . The 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 . In compliance with CEQA requirements , City
Council has reviewed EIR-2-86 prepared for this Project, finding
that specific economic , social, or other considerations make
infeasible the mitigation meansures or project alternatives
identified in the final EIR.
Section 5 . The City Council also finds and determines that
the acquisition of the necessary easement over the property
interests depicted in Exhibit "A" and the sketch attached hereto,
' situate in the City of Redding, County of Shasta, State of.
California, are necessary for the construction and maintenance of
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the aforesaid public improvements, and that the taking of said
easement over the property interests is necessary therefor.
Section 6 . 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 easement over the 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 easement over the real
property interests.
Section 7 . The City Clerk of the City of. Redding is hereby
I '
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 1st day of August, 1989 , and was duly
adopted at said meeting by a four-fifths vote as follows:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Johannessen
ABSTAIN: COUNCIL MEMBERS: None
SCOTT CARTER, Mayor
City of Redding
ATTEST
(f.41g7.74,e.C..€4ETHEL' A. ';NICHOLS ,. City. Clerk
FORM A, PROVED: .
RAN ALL A. HAYS , City A' torney
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EXHIBIT "A"
A.P. NO. : 081-160-09 JOB NO. : 498.02
DATE: September 30, 1988
A strip of land in the Southeast one-quarter of the Southeast
one-quarter of Section 16, Township 31 North, Range 5 West,
M.D.M. , in the City of Redding, Shasta County, California, being
30.00 feet in width and lying Westerly of and immediately
adjacent the following described line:
Commencing at the Northeast corner of the real property described
in the deed to Frank Viscaino and 'Janice Viscaino recorded in
it Book 904 of Official Records at Page 66, Shasta County Records;
thence, along the North line of said Viscaino property,
N.88629 '52"W. , 18.96 feet to a point on the West line of Parcel 3
II of the Right-of-Way for transmission line as described in the
judgement recorded in Book 269 of Official Records at' Page 362,
Shasta County Records, being the `IRE POINT OF BEGINNING of this
line; thence, along said West line, S.0°20'43"W. , 318.38 feet to
the Point of Termination on the South line of said Viscaino
property.
Containing 0.22 acre, more or less.
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