HomeMy WebLinkAboutReso. 1984 - 164 - Authorizing and directing judicial foreclosure proceedings to commence • •
RESOLUTION NO. 8 ` 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING AND DIRECTING JUDICIAL FORECLOSURE PROCEEDINGS
TO COMMENCE.
The City Council of the City of Redding resolves:
In order to enforce payment of the delinquencies respecting
the assessment numbers listed below for the North Point Assess-
ment District, No. 1982-3 , and on the recommendation of Sturgis,
Ness , Brunsell & Sperry, a professional corporation, special
counsel to the district, the City Council hereby authorizes and
directs initiation of foreclosure proceedings as set forth in the
Complaint attached hereto and by this reference incorporated
herein.
Assessment Numbers
1 , 2 and 3
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 6th day of August , 1984 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh & Kirkpatrick
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
HOWARD D. KIRKP RICK, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk �'�
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FORM APPROVED:
dam° G`
RAN LL A. HAYS, City Atipbrney
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1 Randall A. Hays
City Attorney
2 City of Redding
760 Parkview Avenue
3 Redding, Ca. 96001
(916) 246-1151
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Attorney for Plaintiff
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IN THE SUPERIOR COURT OF CALIFORNIA
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IN THE FOR THE COUNTY OF SHASTA
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CITY OF REDDING, a municipal )
10 corporation, )
Case No.
11 Plaintiff, )
COMPLAINT TO FORECLOSE
12 vs . ) LIEN OF ASSESSMENTS
) LEVIED UNDER THE PROVI •
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13 KENNETH R. WHITMIRE, individually ) SIONS OF THE IMPROVEMENT
and doing business as K. R. ) BOND ACT OF 1915 , NORTH
14 WHITMIRE CO. , INC, ) POINT ASSESSMENT DIS-
TRICT, NO. 1982-3.
15 Defendant. )
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Plaintiff alleges: .
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A 1 . This foreclosure proceeding is brought .under the
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provisions of Section 8830 , et seq, California Streets and
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Highways Code, saidpovisions .beinq a portion of the Improvement
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Bond Act of 1915 (Section 8500 , et sea, California Streets and
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Highways Code) .
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2 . Plaintiff is a mLtnicipal corporation and general. law
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city under the provisions of the laws of the State of California.
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3. Defendants , and each of them, are the owners of one of
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the parcels of real property described in Paragraph. 6 below..
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1 4 . On August 16 , 1982 , the City Council of plaintiff
2 ordered certain public improvements to be made in North Point
3 Assessment District No. 1982-3 situated in the City of Redding
4 pursuant to the Municipal Improvement Act of 1913 (Section 10000 ,
5 et seq , California Streets and Highways Code. The subject public
6 improvements , consisting of street improvements including water
7 distribution facilities and fire hydrants, sanitary sewer facili-
8 ties , electrical facilities, storm drains and all appurtenant
9 work and improvements, have been completed. On the same date,
10 the City Council of plaintiff confirmed a special assessment
11 against each of the parcels hereafter described for special
12 benefits conferred by the improvements.
13 5 . Improvement bonds have been issued upon the security of
14 said special assessments pursuant to the Improvement Bond Act of
15 1915 . The bonds were issued by plaintiff, dated September 2 ,
16 1982 , bearing interest at a rate of 12% per annum and are issued
17 as serial bonds with the last maturity on July 2 , 1993 .
18 6 . Each named defendant claims ownership of one of the
19 parcels of land described in the following table. Parcels are
20 described by reference to "assessment number" as shown on the map
21 entitled "Proposed Boundaries of North'Pofnt Assessment District
22 No. 1982-3 within the City of Redding, County of Shasta, Cali-
23 fornia" , recorded in the office of the Shasta County Recorder on
24 July 20 , 1982 .
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, 111 III
' Amount of
1 Assessment Assessor' s Original
2 Number Parcel No. Defendant Assessment
1 66-800-09 K. R. Whitmire Co. , $53 , 350 . 00
Inc .
4 2 66-800-11 K. R. Whitmire Co. , $185 , 170 . 00
Inc .
3 66-800-12 K. R. Whitmire Co. , $34 , 520. 00
5 Inc.
6 7 . The obligation of each of the defendants to make
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installment payments on account of the unpaid special assessment
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on their respective parcels is secured by a lien upon each such
9 parcel and the lien may be foreclosed by plaintiff in the event
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of delinquency as provided by Section 8830 , et seq, of the
11 California Streets and Highways Code. One or more installments
12 of said special assessment against each of the described parcels
13 is presently delinquent and has not been paid, all as shown. in
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the following table.
15 Assessment Assessor' s Date of Installment
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Number Parcel No. Delinquency Amount
17 1 66-800-09 12/10/83 $14, 970 . 58
2 66-800-11 12/10/83 51 , 960 . 64
18 3 66-800-12 12/10/83 9 , 686 .68
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The delinquent installment amounts set forth above in this
20 Paragraph 7 are for tax year 1983-84 and do not include any of
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21 the following:
22 . a. delinquent penalties and charges accruing to the date
of hearing on the 1983-84 delinquent installment
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24 amounts; and
25 b. the amounts , if any, of delinquent installments for tax
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year 1984-85 and the delinquent penalties and charges
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1 pertaining thereto.
2 In the event this foreclosure proceeds to judgment, plain-
3 tiff will provide the Court with evidence in support of adding
4 such additional installments to the amounts for which the tore-
5 closure sale is to be conducted.
6 8 . The City Council of plaintiff has ordered an action to
7 be brought in the Shasta County Superior Court to foreclose the
8 assessment lien against each of the parcels described in Para
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9 graph 6 and has directed that the Shasta County Tax Collector be
10 advised of the action of said City Council as provided by Section
11 8833 of the California Streets and Highways Code , thereby reliev-
12 ing said tax collector of any further duty with respect to
13 collection of said delinquent amounts .
14 WHEREFORE, plaintiff prays:
15 1 . That this court adjudge and decree a lien against the
16 land described herein for the amount of delinquent principal and
17 interest installments of the described assessments, including
18 penalties and charges then due, and further including attorney' s
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fees and costs of foreclosure and that the court order the land.
20 to be sold on execution as in other cases of the sale of real
21 property by the process `of` the Cdurt`; with the same rights of
22 redemption, if any.
23 2. That this court award to plaintiff its costs in this
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action and reasonable attorney' s fees.
3. For such other relief as the Court may deem proper.
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1 Dated:
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RANDALL A. HAYS , City Attorney
4 Attorney for Plaintiff
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