HomeMy WebLinkAboutReso. 1988-134 - Finding that public convenience and necessity require the acquisition of certain real property 11465
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CITY OF REDDING RPR 218 1989
760 Parkview Ave.
Rediji.ng CA. 96001 RESOLUTION NO. yy( e 7. CEJ
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RECORDR E S ..f L1.. .
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
PURPOSES , TO WIT, FOR OPEN SPACE IN PROXIMITY TO CURRENT AND
PROJECTED RUNWAYS OF THE REDDING MUNICIPAL AIRPORT AND FOR
THE REASONS SET FORTH BELOW (OWNED BY ALLISON SANDERS,
BESSIE SANDERS, JOE LEE SANDERS , AND SANDERS CONSTRUCTION
COMPANY) .
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
acquisition by the City of Redding of certain real property for a
public project, to wit:
(a) to maintain open space in an area adjacent to current
and projected runways of the Redding Municipal Airport;
(b) to provide for the safety of aircraft and persons who
might otherwise use or occupy said real property and
the nearby runway;
(c) to mitigate noise impacts of aircraft using Redding
Municipal Airport;
(d) to acquire and eliminate the encumbrance on Airport
property created by the private access easement and its
deleterious consequences for Airport security, the
Airport' s economic viability, and the Airport' s ability
Lo
BOOK 3 JIVE 137 �.
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to obtain and retain FAA grant funding and property;
and
(e) to implement a policy of the City of Redding to
through-the-fence access at the Redding Municipal
Airport;
and that Government Code Section 37350 . 5 authorizes the City to
acquire the necessary real property interests for said public
project 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 . It has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
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 County of Shasta, State of
California, are necessary for said public project, and that the
taking of said property interests is necessary therefor.
Section 5 . In adopting this Resolution, the City Council
hereby ratifies the offer to purchase attached hereto as Exhibit
B.
Section 6 . The City Attorney of the City of Redding is
hereby authorized, empowered, and directed to perform as follows :
-2- 6UOK239' 138
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a. To 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; and
b. To incur in the name of the City of Redding, and on
behalf thereof, all obligations and expenses necessary
i
to acquire the above-mentioned 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 5th day of April , 1988 , and was duly
adopted at said meeting by a four-fifths vote as follows :
AYES: COUNCIL MEMBERS : Carter, Fulton , Gard , Johannessen , & Dahl
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS : None
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MIKE DAHL, Mayor
3: City of Redding
ATTEST:
C xs
ETHEL A1 O
A. NICLS', City :-Clerk
FORM,
ORM •PPROVED
RANDALL A. HAYS, ity Attorney
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BOUK�3J3PAGE 139
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'7:V " , Date of Valuation
N460 -AWAAFebruary 12, 1988
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Ostensible Owner of Record
4 ' Allison Sanders and Bessie Sanders , husband and wife , as Joint
Tenants , an undivided one-half interest ; Sanders Construction
Company, a co-partnership composed of Allison Sanders , Bessied
Luciele Sanders and Joe Lee Sanders , the remaining one-half
•
interest .
Legal Description
All that land located in the County of Shasta, State of
California, described as follows :
Parcel 1 of Parcel Map LS 93-83 filed January 24, 1984 , in Book
23 of Parcel Maps at
p page 149, Shasta County Records .
TOGETHER WITH those certain easements for access as described in
the Agreement dated February 17, 1981 between City of Redding ,
Evergreen Helicopters , Inc . , Sanders Construction, Allison
Sanders , Bessie Sanders and Shasta Enterprises , recorded February
•
25, 1981 in Book 1793, page 378, Official Records of Shasta
County.
EXHIBIT "A"
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---- —a. , RYAN & ASSOCIATES / real estate appraisers ..ncl consultants
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CITY OF REDDING
C*l00+YF'A
March 16 , 1988
Leonard J. Bandell -
Attorney at Law
P.O. Box 4437
Redding, CA 96099-4437
Re : Sanders Property
Dear Mr. Bandell:
This is sent to you as the attorney representing the legal
owners of approximately 9 . 63 acres of vacant property (A.P.
Nos . 054-210-20 and 054-210-33) , described in the "appraisal
update" attached hereto, and referred to generally as the Sanders
property. In accordance with Government Code §7267 . 2 , the City
of Redding hereby offers to purchase the entire fee interest
(including the airport access easement) in the Sanders property
for the sum of One Hundred Six Thousand Dollars ($106 ,000 . 00) ,
said offer being expressly conditioned on the adoption of a
Resolution of Necessity (Code of Civil Procedure §1245 . 230) by
the City Council of the City of Redding within sixty (60) days of
the date of this letter.
The proposed purchase price of $106 ,000 . 00 is based upon the
appraisal and appraisal update of the Sanders property performed
by the firm of Ryan & Associates. A copy of the appraisal
update, summarizing the basis for establishing $106 , 000 . 00 as the
amount of just compensation, is attached hereto for your
reference . I believe you have already received a full copy of
the original appraisal; if not, I would be gladto provide you
with one.
Please be advised that the City Council will consider
adoption of a Resolution of Necessity pursuant to Code of Civil
Procedure §1245 . 230 , at its regular meeting on April 5 , 1988 , at
7 : 00 p.m. in the Council Chambers at 1313 California Street,
Redding, California. If you desire a public hearing and an
opportunity to appear and be heard on this matter, you must file
a written request with the City Clerk at 760 Parkview Avenue,
Redding, California, no later than 15 days from the date of this
EXHIBIT "B"
760 PARI<VIE\V A - Rrnr`, i ,, 393PAt� �
BOOK
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•
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Leondard J. Bandell
Re: Sanders Property
March 16 , 1988
Page Two
letter. Failure to file a written request within the
q prescribed
time will result in a waiver of the right to -appear and be heard.
If I can answer any questions or be of assistance in this
matter, don' t hesitate to contact me.
Very truly yours,
•
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WALTER P. McNEILL
Assistant City Attorney
wpm/adr BOOK93P�GE 142
Attachment 1146
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