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HomeMy WebLinkAboutReso. 1989-303 - Finding that public convenience and necessity require the acquisition pof certain property 29672 . W` _.2.�" 5✓Y.ioJr-8x L �.y�.'=w . • kEGOR • ..... !rite*" 7• AT d • ( f Ji „rfADS SHASTA CCAIN 1 Ay of Redd SEP 6 1989 !el. Avenue, RESOLUTION NO. g19--303 qJ - r 3 FEE RECORDS $ 0 ;, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC IMPROVEMENTS , NAMELY THE CONSTRUCTION AND MAINTENANCE OF THE CHURN CREEK ROAD EXTENSION PROJECT, THE OWNERS OF WHICH ARE FRANKIE SCHROEDER AS TO AN UNDIVIDED 2/5THS INTEREST; CHARLES AND ELAINE R. BORDA AS TO AN UNDIVIDED 1/5THS INTEREST; ALPHONSO H. AND JEAN G. SANBORN AS TO AN UNDIVIDED 1/5THS INTEREST; AND CHARLES N. AND PATRICIA B. HAMILTON AS TO AN UNDIVIDED 1/5THS INTEREST. 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 by the City of Redding of public improvements, to wit, the construction and maintenance of the Churn Creek Road Extension Project, and that Government Code Section 37350 .5 authorizes the City to acquire the necessary real property interests for said public improvements by eminent domain. Section 2 . 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 3 . City Council hereby recertifies EIR-14-75 as adequately addressing the environmental impacts. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. Section 4 . The City Council also finds and determines that the acquisition of the property interests depicted in Exhibit "A" attached hereto, situate in the City of Redding, County of Shasta, State of California, are necessary for the construction BOOP 6517 AGE 69 • • • and maintenance of the aforesaid public improvements, and that the taking of said property interests is necessary therefor. ll Section 5 . 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 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 property interests . Section 6 . 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 5th day of Sept. , 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 : None ABSTAIN: COUNCIL MEMBERS: Johannessen de(77-- . SCOTT CARTER, Mayor City of Redding er 1r 1 ".• r.rA e1' 3 . ATTEST ?2,4„, . . ETHEL ;A: NICHOLS , City Clerk .O j::PPROVED: ' 'NDALL A. HAYS, ity Attorney BOOK2517PAGE 70 -2- • • I y1 All that portion of the lands conveyed to Frankie Schroeder; Charles and Elaine R. Borda; Alphonso H. and Jean G. Sanborn; and Charles N. and Patricia B. Hamilton, in that certain Deed II recorded January 18 , 1980 , in Book 1695 of Official Records at page 328 , Shasta County Records, more particularly described as follows: I' Parcel 1 Commencing at a point on the south line of the northwest one-quarter of Section 29, T32N, R4W, MDM, and being the southwest corner of said lands per Book 1695 of Official Records, page 328, from which the center of said Section { 29 bears S88°21'48"E 673.18 feet; thence from said point of commencement, northerly and along the west line of said lands per Book 1695 of Official Records, page 328, N00°52' 13"W 147.33 feet to the POINT OF BEGINNING of this description; thence leaving said west line N59 58'20"E 12.15 feet; thence along a tan%ent curve to the left having a radius of 747.00 feet end a central angle of 20 26'10", an arc distance of 266.44 feet, more or less, to a point on the north line of said lands per Book 1695 of Official Records, page 328; thence easterly and along said north line, S88 24'03"E 141.51 feet; thence leaving said north line, southwesterly and along an 863.00 foot radius curve to the right from a tangent bearing S33°45'01"W through a central angle of ! 02°55'01", an arc distance of 43.93 feet; thence N53°19'58"W 5.00 feet; thence southwesterly and along an 858.00 foot radius curve to the right, from a tangent bearing S36°40'02"W, through a central angle of 17°54' 17", an arc distance of 268.12 feet; thence S35°25'41"E 5.00 feet; thence southwesterly and along an 863.00 foot radius curve to the right, from a tangent bearing S54°34' 19"W, through a central angle of 05°24'01" an arc distance of 81.34 feet; thence S59°58'20"W 76.87 feet, more or less, to a point on the herein before mentioned west line of lands per Book 1695 of Official Records, page 328; thence northerly and along said west line, N08°52' 13"W 132.83 feet, back to the POINT OF BEGINNING. Parcel 2 Commencing at a point on the south line of the northwest one-quarter of Section 29, T32N, R4W, MDM, and being the southwest corner of said lands per Book 1695 of Official Records, page 328, from which the center of said Section 29 bears S88°21'48"E 673.18 feet; thence from said point of commencement, northerly and along the west line of said lands per Book 1695 of Official Records, page 328, N00°52' 13"W 147.33 feet to the POINT OF BEGINNING of this description; thence leaving said west line N59°58'20"E 12. 15 feet; thence along a tan%entcurve to the left having a radius of 747.00 feet and a central angle of 20 26'10", an arc distance of 266.44 feet, more or less, to a point on the north line of said lands per Book 1695 of Official Records, page 328; thence westerly and along said north line, N88 24'03"W 215.67 feet; thence SO°52' 13"E, 183.35 feet to the POINT OF BEGINNING. BOOK251ZAOF 71 EXHIBIT "A" I'. 1 iso w gyp, � J.L & EA, li • � Qz L 'i L 1057 OR 242 O 4111 li ,° W . 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Gti °� '< 00 �/ O °D . i� a 2007113 fir, wOc4-4 un 1I -4013 -, 2l of 0 ,< r'1 0 o `. f3)��<�,°ti // / \ -v ( '1:7j m °� sp trtp 1 0 X 'V cl) • 3 01,15.00 S . • I ____..\ —..-0 . 1111 i• CT3 � • ( ,6Z'Z LL ..1';gt7.0 S ) S"-"—` Z Z--' . it _ • i BASIS OF BEARINGS • > THE SOUTH LINE OF THE N/W 1/4 SECTION 29 �• _ BETWEEN WEST 1/4 AND CENTER SECTION 29 � T _ TAKEN AS S 88'21'48" E 2687.60 f' to 29672 BOOK251"NAGE 72 PER 439 LS 157 (S 881 }2687.62 ) 111 7