HomeMy WebLinkAboutReso. 1984 - 166 - Necessity of the city council of the city of redding to commence eninent domain proceedings • •
RESOLUTION NO. (74146
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF
REDDING TO COMMENCE EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the Pinal Water Company is a privately owned public
utility which supplies water to residents within the boundaries
of the City of Redding; and
WHEREAS, the City of Redding is desirous of providing water
to its inhabitants residing within the City; and
WHEREAS, it is not practically nor economically feasible to
serve the same inhabitants with two water systems;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redding as follows:
1 . The property proposed to be taken is to be used by the
City of Redding for the purpose of supplying water to the inhabi-
tants of the City. The City is authorized to take the property
by eminent domain proceedings and pay fair market value therefor,
pursuant to California Government Code Sections 1240 . 610 and
38730 .
2. The property is described as all of the water storage,
conveyance and distribution facilities, including all pumps,
meters , valves and all other appurtenant structures and miscel-
laneous equipment owned by Pinal Water Company, Inc. , a Cali-
fornia corporation, as shown on Exhibit "A" attached hereto and
incorporated herein by this reference and certain easements and
rights of way owned by said corporation described in Exhibit "B"
attached hereto and incorporated herein by this reference.
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3 . It is hereby found and determined after investigation
and due consideration as follows:
a. the public interest and necessity require the
taking by eminent domain of the water system;
b. the project is planned and located in the manner
that will be most compatible with the greatest
public good and the least private injury;
c. the property described in this resolution is
necessary for the proposed project which includes
the provision of water service to the City' s
inhabitants; and
d. an offer to purchase the property has been made to
the owner of record pursuant to California Govern-
ment Code Section 7267 . 2 .
4 . In compliance with CEQA requirements, it has been
determined that this taking is categorically exempt from the
provisions of CEQA.
5 . The City Attorney of the City of Redding is hereby
authorized, empowered and directed to perform as follows :
a. commence an action in eminent domain in the
Superior Court of the State of California in and
for the 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
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. .
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necessary to acquire the above mentioned property
interests.
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 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 a four-fifths vote as fol-
lows :
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
i(-/-07,6a4.6.p k4J
t_
HOWARD D. KIRKPATRICK, Mayor
City of Redding
ATTEST:
?-:: a_ .,..,,z;.-
ETHEL A. NICHOLS , City Clerk
FORM APPROVED:
624,c 4(a.- '( a ---
IDALL A. HAYS, City) torney
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EXHIBIT "A"
ASSETS OF THE PINAL WATER COMPANY, INC.
TO BE TRANSFERRED TO THE CITY OF REDDING
Plant Facilities
2 Wells - Diameter: 10" and 15" , Depth 22 feet/22 feet
2 Steel Storage Facilities - combined capacity 265, 000 gallons
890 feet of 4" cement-asbestos pipe
19, 970 feet of 6" cement-asbestos pipe
8 ,007 feet of 8" cement-asbestos pipe
2, 225 feet of 10" cement-asbestos pipe
30 feet of 6" welded steel pipe
Pumping equipment - No. 3 , hp 15 and 20 and 30
Water treatment equipment - 2 Chlorinators
Meters installed - 416
Services - 416
Fire Hydrants - 34
Incidental fittings and valves
Real Property
Well and pump house site
Tank storage site
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EXHIBIT "B"
All that real property situate in the County of Shasta, State of
California, described as follows :
Parcel 1 : Beginning at a point designated as Point B, from
whence the southwest corner of that certain 3. 010 acre parcel
shown on the map of the Olney Creek Tract, recorded in Book 5 of
Land Surveys at page 43 in the office of the Shasta County
Recorder, bears N. 24°32 ' 56" E. , 2 , 122. 85 feet; thence from said
point of beginning, S. 0°06 ' W. , 25. 00 feet to a point marked by
an iron pin; thence N. 89°54 ' W. , 50 . 00 feet to a point marked by
an iron pin; thence N. 0°06 ' E. , 50 . 00 feet to a point marked by
an iron pin; thence S. 89°54 ' E. , 50 . 00 feet to a point marked by
an iron pin; thence S. 0°06 ' W. , 25 . 00 feet to the point of
beginning.
Containing 0 . 06 acre, more or less, and being subject to all
rights of way and easements of record, and being a portion of
Section 24 of the P. B. Reading Grant.
Parcel 2: Commencing at a point designated as Point A, from
whence the southwest corner of that certain 3. 010 acre parcel
shown on the map of the Olney Creek Tract, recorded in Book 5 of
Land Surveys at page 43 in the office of the Shasta County
Recorder, bears N. 10°49 ' 07" W. , 2, 818 . 10 feet; thence S. 8°00 '
E. , 38 . 31 feet to the true point of beginning of this descrip-
tion; thence from said point of beginning N. 69°14 ' E. , 16. 15
feet to a point marked by an iron pin; thence S. 20°46 ' E. ,
100. 00 feet to a point marked by an iron pin; thence S. 69°14 '
W. , 50. 00 feet to a point marked by an iron pin; thence N. 20°46 '
W. , 100. 00 feet to a point marked by an iron pin; thence N.
69°14 ' E. , 33. 85 feet to the point of beginning.
Containing 0 . 11 acre, more or less, and being subject to all
rights of way and easements of record, and being a portion of
Section 24 of the P. B. Reading Grant.
Together with an easement for water pipe line over a strip of
land 12 feet wide, lying 6 feet on each side of the following
described center line:
Beginning at a point of the northeasterly right of way line of
the Anderson-Cottonwood Irrigation District canal, from whence
the southwest corner of that certain 3 . 010 acre parcel as shown
on the map of the Olney Creek Tract, recorded in Book 5 of Land
Surveys at page 43, in the office of the Shasta County Recorder,
bears N. 17°35 ' 09" W. , 2 , 683. 00 feet; thence from said point of
beginning, S. 36°25 ' W. , 124 . 49 feet; thence S. 48°22 ' W. , 113. 45
feet; thence S. 48°22 ' W. , 113 . 45 feet; thence S. 60°00 ' W. ,
67. 64 feet; thence S. 89°05 ' W. , 64 . 40 feet to a point designated
as Point A, from whence the southwest corner of that certain
3. 010 acre parcel of said Olney Creek Tract bears N. 10°49 ' 07"
W. , 2, 818 . 10 feet; thence continuing along said centerline, N.
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89°32 ' W. , 429. 18 feet; thence N. 70°33 ' W. , 132. 56 feet; thence
N. 56°54 ' W. , 130 . 65 feet; thence N. 29°27 ' 30" W. , 215. 40 feet;
thence N. 44°17 ' W. , 150 . 03 feet; thence N. 50°21 ' W. , 298 . 86
feet; thence N. 38°59 ' W. , 196 . 16 feet; thence N. 58°21 ' W. ,
122. 32 feet; thence N. 78°44 ' W. , 80 . 55 feet to the point of
termination of said centerline, said point being designated as
Point B and from whence the southwest corner of that certain
3. 010 acre parcel of said Olney Creek Tract bears N. 24°32 ' 56"
E. , 2 , 122 . 85 feet.
Also together with an easement for water pipe line over a strip
of land 12 feet wide, lying 6 feet on each side of the following
described centerline:
Beginning at Point A as described in the above description from
whence the southwest corner of that certain 3. 010 acre parcel as
shown on that map of the Olney Creek Tract recorded in Book 5 of
Land Surveys at page 43 in the office of the Shasta County
Recorder bears N. 10°49 ' 07" W. , 2 , 818 . 10 feet; thence from said
point of beginning, S. 8°00 ' E. , 38 . 31 feet to the point of
termination of said centerline.
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