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Home My WebLink AboutReso. 1981 - 005 - Finding that the public convience and necessity require the acquisition of certain easements for a public improvement to wit for the construction and maintenance • ;. RESOLUTION NO. - :,A;....RESOLUTION .•"OF THE CITY COUNCIL OF THE"CITY':OF REDDING FINDING THAT THE PUBLIC CONVENIENCE. AND NECESSITY ..REQUIRE. THE .`ACQUISITI,ON' OF CERTAIN, EASEMENTS FOR `APUBLIC IMPROVEMENT, TO WIT; FOR THE. CONSTRUCTION AND ,MAINTENANCE . - OF AN ELECTRIC . LINE AND RELATED FACILITIES:"'TO SERVE ' THE 'CITY' S' CLEAR CREEK SEWAGE TREATMENT PLANT.. -(-.Sells 'property,__ A P. #.50-020-13; Anderson- Lumber. property, ,A P'. , #50-;010-08; - %Sivachenko property, :: BE IT RESOLVED by the City Council;:::o�f the y bf Redding as .follows: Section 1. TheCity •Council 'of the 'City of Redding `-finds and determines that the public -convenience . and, necesity;,require thea- construction, and -maintenance by the City of Redding of a public : improvement, to wit, : an electric line and related facilities to ;serve the City' s :Clear Creek `sewage- treatment plant,:,and- Government- • Code Sect"ion 37350. 5 authorizes ,the City to. acquire the, necessary easements for said public improvement 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. ` In compliance with CEQA requirements, the- City Council -makes. .the following.:additional findings in connection herewith: (a) The project . is` compatible with the Redding General - Plan; • • (b) The : project will not significantly=alter existing land.`•form (c) -The;project is compatible' with surrounding. land -.use; • (d). The project .is compatible with the ,Redding Municipal ., Code.;'., �. and :ratifies the Negative Declaration :approved by, the Board of AI Administrative Review on November 14 , 1979. 0 . -1- • Section 4 . - The , City Council of the City .of Reddng..-also finds and determines that the acquisi'tion--of'.:easemen�ts over parcels - . of realproperty in the County of Shasta, State of California; as described•-in ,Exhibits 'A-1, A-2, and A-3, attached hereto:,_ is. neces' •sary for the construction and maintenance of 'the afor-es.aid public imp.rovement, 'and that the. taking of easements -over said- parcels of real propert • y - is, necessary therefor. • Section 5 The City Attorney of the City. of: Redding ,is • - -. hereby authorized, empowered and directed to::. t 1. Commence an action or. actions 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 -easements. • 2. To incur in the name of the City of Redding andon . behalf thereof, all- obligations and expenses necessary to acquire - the, above mentioned easements. .• • Section 6, The City "Clerkis 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 .ata regular meeting of the City 'Council of the. City of Redding on the -501 -,day of 'January 1981- ', and was. ..duiy addp.ted ' at said meeting. by the following vote: AYES : COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick, and/Pugh. NOES : - COUNCILMEN: None r - "/ ABSENT-i. COUNCILMEN: None ATTEST: • i-'7 gRCH ,R . PUGH • , L. .i _ . . Ma of the City of Redding- ' , MILDRED L. BRAY'=7, .:ty -C erk • FORM ROVED: /CfRAh�DALL A. HAYS, .City 'ttor.ney ' -2- . Easement over lisp. #50-020-13 , owned by Rrt and Vennona Sell A 10.00 foot wide easement for general utility purposes, lying adjacent to, parallel with and easterly of the Southern Pacific Railroad right of way and being the southwesterly 10.00 feet of the following described property: Beginning at a chiseled cross on the northeasterly head- wall of the Anderson-Cottonwood Irrigation District siphon at the intersection of the northeasterly right of way line of the Southern Pacific Railroad and the approximate sec- tion line common to Sections 27 and 31 of the P. B. Reading Grant as shown on the map recorded in Book 14 of- Land Sur- veys, at page 48, in the office of the Shasta County • Recorder; thence from said point of beginning, along said approximate section line, N. 42°30 ' E. , 1823.00 feet; thence leaving said approximate section line, N. 45°59' W. , 111.20 feet; thence N. 74°03' W. , 182.00 feet; thence S. 89°43' W. , 77.62 feet to the most easterly corner of that 7.436 acre parcel of land shown on said recorded map; thence along the southeasterly line of said 7.436 acre parcel and the southeasterly line of a 4.265 acre parcel shown on said recorded map, S. 42'30' W., 1450.42 feet; thence leaving said southeasterly line of said 4.265 acre parcel, S. 47°30' E. , 100 feet; thence S. 42°30 ' W. , . 202.87 feet; thence from a tangent that bears N. 46°32' 03" W. along a 4207. 28 foot radius curve -to the right, through an angle of 1°21' 45" a distance of 100.05 feet to 'a point on the southeasterly line of said 4.265 acre parcel; thence along said southeasterly line S. 42'30 ' W. , 40.00 feet to a point on the said northeasterly right -of way line; thence from .a tangent that bears S. 45'11 '37" E. along said northeasterly right of way line along a 4247-28 foot radius curve to the left, through an angle of 3°'12' 23" a distance of 237. 69 feet; thence S. 48°24 ' E. , 93.31 feet to the point of be- ginning. • Exhibit A-1 Easement over A.P50-010-08 , owned by Andon Lumber A 10.00 foot wide easement for general utility purposes lying adjacent to, parallel with and easterly of the Southern Pacific Railroad right of tray and being the southwesterly 10.00 feet of the following described property: Commencing at a point on the northeasterly line of the Southern Pacific Company right of way at a point on the northeasterly headwall of the A.C.I_D_ siphon approxi- mately on the section line common to Sections 27 and 31 of the P. B. Reading Grant, said point being marked by a" chiseled cross; thence northwesterly on and along said northeasterly right of way line N. 48°24' W. , a distance of 93. 31 feet; thence northwesterly along the arc of a 4,247.28 foot radius curve to the right through an angle of 7'39 ' 24" a distance of 567.59 feet to the true point • of beginning of this parcel; thence from said point of beginning, continuing northwesterly along the arc of a 4, 247.28 foot radius curve to the right through an angle of 1'57'48" a distance of 145.54 feet; thence leaving said northeasterly right of way line N. 8°30 ' E. , 128.75 feet to a point, said point being marked by a 5/8" iron pin;: thence N. "49°54 ' 40" E. , 246.39 feet to a point, said point being marked by a 5/8" iron pin; thence N. 24° 40 ' 20" E. , 56.83 feet to a point, said point being-marked by a 5/8" iron pin; thence N. 45°41'40" E. , 291. 93 feet to a point, said point being marked by a 5/8" iron pin; thence S. 50'45 ' E. , 185. 84 feet to a point, said point being marked by a 5/8" iron pin; thence S. 42°30 ' W. , 726. 78 feet to the point of beginning_ Exhibit A-2 • Easement over A.P. -010-06, owned by Eugene d Catherine Sivachenko A 10. 00 foot wide easement for general utility purposes lying adjacent to; parallel with and easterly of the Southern Pacific Railroad right of way and being the southwesterly 10.00 feet of the following described property: All that portion of Section 27 of the P. B. Reading Grant, Shasta County, California, described as follows. Commencing at a point on the northeasterly line of the Central Pacific Railroad right of way, said point being a cross on the headwall of the Anderson-Cottonwood Irri- • gation District siphon, as shown on the map in Book 2 of Land Surveys, at page 46, in the office of the Shasta County Recorder, Redding, California, on the section line which runs between Sections 27 and 31 of the P. B. Reading • Grant;. thence along said northeasterly right of way line • the following courses: N. 48°24 ' W. , 93. 31 feet; thence, along a 4247.28 foot radius curve to the right, through an angle of 15°37 '15" , a distance of 1157.95 feet to the point of beginning of this parcel; said point being marked by an iron pin; thence from said point of beginning, con- tinuing along said 4247. 28 foot curve to the right, through an angle of 3°09 '15" , a distance of 233.82 feet to a point from whence an iron pin witness corner bears N. 45°03' 20" E. , 12. 66 feet; thence leaving said northeasterly right of way line, N. 45°03 '20" E. , 171.04 feet to a point marked by an iron pin; thence N. 38°40 ' 30" E. , 157. 34 feet to a point marked by an iron pin; thence, N. 69°24' 50" E. , 331.00 feet to a point marked by an iron pin; thence N. 22° 46 ' 10" E. , 273.46 feet to a point marked by an iron pin; thence S. 4l°54 ' 00" E. , 170.57 feet to a point marked by an iron pin; thence S. 42°30 ' W. , 929. 38 feet to the point of beginning. 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