HomeMy WebLinkAboutReso. 1988-317 - Finding that public convenience and necessity require the acquisition of certain real property RETURN TO • 27610
CORDED AT RE_QUEST EST OF
CITY OF REDDING •........ ,AF.REDDT
760 Parkview Ave. AT "'•••. MiN.'�A3t......
OFFICIAL HCOs'U5��rrr,:,� ��,�tim.
Redding, CA. 96001
°4''
SEP 15 1988
RESOLUTION NO. 18 '5/7 �CiJ
RECORDER FEE$ V*6
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 FOR A REGIONAL WASTEWATER TREATMENT
FACILITY, THE OWNERS OF WHICH ARE WILLIAM E. SANDROCK, M.D. ,
AND RACHEL S . SANDROCK, M.D. , AS TRUSTEES OF THE SANDROCK
TRUST (CREATED BY A DECLARATION OF TRUST DATED FEBRUARY 20 ,
1985) .
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--an 8 million gallon per day regional wastewater treatment
plant, with land for facilities and buffer zone for odor, noise,
and visual screening; and that Government Code Section 37350 . 5
and Code of Civil Procedure Section 1240 . 125 authorize 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 . It has been determined that this matter comes
within the project described in EIR-1-84 (Stillwater Wastewater
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&IOK 2428PAGE 664
, ! All
Treatment Plant) , and the City Council has considered the EIR in
approving the acquisition of this real property, in compliance
with the California Environmental Quality Act.
Section 4 . The property to be acquired is approximately
27 .7 acres on Assessor' s Parcel Nos. 056-310-01 and 056-310-02 ,
depicted on the diagram attached hereto as Exhibit "A" (the
trapezoidal area comprised of A and B and C) . The City Council
also finds and determines that the acquisition of the property
interests, 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:
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.
-2- 1300x24Ont 003
4 1
Section 7 . 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 6th day of September , 1988 , and was
duly adopted at said meeting by a four-fifths vote as follows:
AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl, & Johannessen
NOES: COUNCIL MEMBERS: Fulton
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
I
K rAURICE JOHANNESSEN, Mayor
City of Redding
14v� 4v �triff
CI
r` '
MI°CHHOLS , City Clerk
L'07- ,e' , --cCtrc�rOL
F,O.1M ROVED:
RANDALL A. HAYS, ity Attorney
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e � City
of Redding•
August 4 , 1988
W. Leonard Wingate
Attorney at Law
292 Hemsted Drive
Redding, CA 96002
Re: Sandrock Property
Dear Mr. Wingate:
This is sent to you as the attorney representing William E.
Sandrock and Rachel S. Sandrock, as Trustees of the "Sandrock
Trust, " the legal owners of property near the Sacramento River,
Assessor' s Parcel Numbers 056-310-01 and 056-310-02 . In
accordance with Government Code §7267 . 2 , the City of Redding
hereby offers to purchase the entire fee interest in
approximately 27 . 7 acres of the aforesaid property. The portion
of the Sandrock property affected by this offer is described on
the attached diagram (the trapezoidal area comprised of A+B+C)
for your reference. The amount offered as just compensation for
this property is Two Hundred Seventeen Thousand Dollars
($217 ,000 .00) . This offer is 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; the
Resolution of Necessity will be on the agenda for City Council
consideration at its regularly scheduled meeting of September 6 ,
1988 .
As you know, the public purpose for acquiring this property
is for the site of facilities, and a buffer zone for those
facilities, for the Stillwater Regional Wastewater Treatment
Plant. The attached diagram illustrates the location of the
project in relation to the Sandrock property.
The proposed purchase price of Two Hundred Seventeen
Thousand Dollars ($217,000.00) is based upon the appraisal of the
subject property performed by the firm of Ryan & Associates. A
complete copy of the appraisal, describing the basis for
establishing Two Hundred Seventeen Thousand Dollars ($217,000 . 00)
as the amount of just compensation, has been previously delivered
to you for your information. As indicated on page ii of the
appraisal (see attached) , the Two Hundred Seventeen Thousand
Dollars ($217 ,000 .00) just compensation includes Thirty-Four
Thousand Dollars ($34 ,000 .00) severance damages in addition to
compensation for the value of the property to be acquired.
621.1141 * M. B
760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225-4000
400,2428?AGE 668
S
W. Leonard Wingate
August 4 , 1988
Page Two
It is the intention of the City Council to consider and
adopt a Resolution of Necessity pursuant to Code of Civil
Procedure §1245 . 230, at its regular meeting on September 6 , 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 fifteen (15) days from the
date of this letter. Failure to file a written request within
the prescribed period of time will result in a waiver of the
right to appear and be heard.
If I may answer any questions or can be of assistance in
this matter, don' t hesitate to contact me.
Very truly yours,
6°77/4;//ii-4 7' 71`7;
WALTER P. McNEILL
Assistant City Attorney
wpm/ad
Enclosures
cc: City Manager
City Council
City Clerk
Dr. & Mrs. Sandrock
4/i
13Oa . 4�?SUE 669
• •
W. Leonard Wingate
August 4 , 1988
Page Two
It is the intention of the City Council to consider and
adopt a Resolution of Necessity pursuant to Code of Civil
Procedure 51245 . 230, at its regular meeting on September 6, 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,
a written request with the City Clerk at 760 ParkviewuAvenue,
Redding, California, no later than fifteen (15) days from the
date of this letter. Failure to file a written request within
the prescribed period of time will result in a waiver of the
right to appear and be heard.
If I may answer any questions or can be of assistance in
this matter, don' t hesitate to contact me.
Very truly yours,
47/1/4; fif7(el;i7
WALTER P. McNEILL
Assistant City Attorney
wpm/ad
Enclosures
cc: City Manager
City Council
City Clerk W/p co1S 400�;2428' 670
Dr. & Mrs. Sandrock
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Mr. Walt McNeil Page 2 June 30, 1988
Estimated Value In The Before Condition
$490, 000
Estimated Value Of The Part Taken ($166, 000)
Value Of The Remainder As Part Of The Whole $324, 000
Estimated Value Of The Remainder
($290, 000)
Severance Damages $ 34, 000
Add Estimated Value Of The Part Taken $166,000
Agricultural Well
$_17, 000
Total Just Compensation
$217, 000
This ninety-three (93) page report has been made in conformance
with and subject to the Standards of Professional Practice and
Code of Ethics of the American Institute of Real Estate
Appraisers of the National Association of Realtors. This report
has been made based upon the recommended methods and techniques
of the American Institute of Real Estate Appraisers. We certify
that to the best of our knowledge and beliefs, the statements,
opinions, and conclusions on which the final value is based are
true and correct.
The American Institute of Real Estate Appraisers conducts a
voluntary program of continuing education for its designated
members. MAI's and RM's who meet the minimum standards of this
program are awarded periodic educational certification. Charles
W. Ryan, MAI is currently certified under this program.
We trust this is satisfactory for your needs at this time. If
you have any questions or desire further information, please
contact us at your earliest convenience.
Sincerely,
RYAN & ASSOCIATES
P),,Ack.jfi' ALW4t-:/
Richard A. Murphy
Appraiser p Charles W. Ryan, MAI
V Review Appraiser
RAM/CWR:ao
BUOY, S24 -
RYAN & ASSOCIATES /real estate appraisers and consultants IDE 672 ii
27610