HomeMy WebLinkAboutReso. 1990-430 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 056-350-037 ?"RETURN TO V 37216 Co) RECORDED AT REQUEST OF
CITY OF REDOING pr REDDIM
760 Parkview Ave. AT ""V'T MIN. PAST M
Redding, CA. .96001 ORIOAT RECORDS SHASTA COUNTY,CALIF.
AUG281990
4;"")4914
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RESOLUTION NO. 1 .1.1,./C1oST" ORDER Fil 1�0 FEE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF A 20 ' PERMANENT PUBLIC SERVICE EASEMENT AND A
30 ' TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC IMPROVEMENTS,
NAMELY INSTALLATION OF SEWER TRUNK LINES FOR CLOVER CREEK
SEWER ASSESSMENT DISTRICT NO. 1987-2; ASSESSOR'S PARCEL NO.
056-350-37 (K.O.H. ATLAS CORPORATION, OWNER) .
IT IS HEREBY 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 of public improvements, namely installation of sewer
trunk lines for Clover Creek Sewer Assessment District No.
1987-2 , by the City of Redding; and the acquisition of a 20 '
permanent public service easement and a 30 ' temporary
construction easement for said public improvements over, under,
and through the real property owned by K.O.H. Atlas Corporation,
Assessor' s Parcel No. 056-350-37.
Section 2 . Government Code Section 37350 .5 authorizes the
City to acquire the necessary - real property interests' for said
public improvements by eminent domain.
Section 3 . City Council finds and determinesthat 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.
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Section 4 . City Council has ratified the Negative
Declaration prepared in connection herewith, finding that no
significant effect on the environment is created hereby.
Section 5 . City Council also finds and determines that the
real property interests sought to be acquired, situated in the
County of Shasta, and State of California, as more particularly
described in Exhibits A, B and C attached hereto and incorporated
herein by reference, Assessor' s Parcel No. 056-350-37 , are
necessary for the construction and maintenance of the aforesaid
public improvements, and that the taking of said real property
interests is necessary therefor.
Section 6 . In adopting this Resolution, City Council hereby
ratifies the offer of purchase attached hereto as Exhibit D.
Section 7 . 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 real 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 real property interests.
Section 8. 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 Assessor/Recorder.
i HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
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City of Redding on the 21st day of •August, 1990 , and was duly
adopted at said meeting by a four-fifths vote as follows:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MOSS
ABSTAIN: COUNCIL MEMBERS: None
i
NANCY UM, May
City Redding
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L,._xA,:.:..c. ,.., A, V.,•-: -..,. .
i "ATTEST:. ...4
ETHEL -A. NIGBOLS;, City Clerk
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:FOR
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RA ALL' E" HAYS, City Attorney
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BOOK2634PAG1901
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EXHIBIT "A"
General Description
(Easements to be Acquired)
The Clover Creek Sanitary Sewer project will provide sewer to
Redding's easterly area. The sewer line passes through the
subject parcel along a portion of its easterly boundary then
through the portion that connects to Airport Road in a south
to north direction. An easement for road and utility purposes
already occupies a 60 feet wide strip adjacent to the easterly
bound, and through the portion connecting to Airport Road
according to the easement drawing provided us by Sharrah
Dunlap & Associates. Said drawing appears in this report.
The easements required for the sewer consist of a 20 foot wide
permanent easement, of approximately 15,842 square feet,
immediately adjacent to the easterly property line and a
thirty foot wide temporary construction easement, of
approximately 23, 766 square feet, adjacent to the western edge
of the permanent easement, for a total of 50 feet. Thus the
required easements lie entirely within the existing easement.
B0012634P40E902
V EXHIBIT "B"c)
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UTILITY EAi PM tengin III CO►ISTRUGTIOU EASEMEUT 9 i
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EXHIBIT "C" A.P. #056-350-37
(Easements to be Acquired)
A 20 foot wide permanent easement containing approximately 15841.9
square feet, across a parcel of land situate in the State of
California, County of Shasta, and described as follows:
Said Permanent Easement, being a portion of Section 3,
Township 30 North, Range 4 West M.D.M. , and running across the
land described in the Individual Grant Deed dated December 28,
1977, and recorded June 8, 1978 in Volume 1528, at Page 351,
Official Records of Shasta County, said easement being more
particularly described as follows:
Said permanent easement, being 20 feet wide, (as measured at
right angles to and) lying westerly of the following described
line:
Beginning at the northeast corner of Lot 23 of Tucker Oaks
East, Tract 1544, as recorded February 11, 1981, in Book 16 of
Maps at Page 87, Shasta County Official Records; thence, North
00'23 ' 36" West, 600.41 feet, on and along an easterly line of
said parcel described in Volume 1528 at page 351, official
Records of Shasta County; thence, leaving said easterly line
and continuing North 00'23 ' 36" West, 191. 65 feet to the south
line of lands described as Parcel 2 in the Partnership Grant
Deed dated March 28, 1978, recorded march 31, 1978 in Volume
1508 at Page 404, Official Records of Shasta County, said
Point being the Point of Terminus of said line.
Together with:
A temporary construction easement with the right and privilege to
enter upon and use for the placing or piling thereon of earth,
materials, and machinery, and for other purposes useful or
necessary in connection with the construction of the sanitary sewer
pipeline adjacent thereto;
Said temporary construction easement, being 30 feet wide,
containing approximately 23765. 6 square feet, and described as
follows:
A 30 foot wide strip (measured at right angles to the westerly
line of the above described permanent easement) lying westerly
of and adjacent to the above described permanent easement and
extending from said Lot 23 of Tucker Oaks East, to said Parcel
2, of the Partnership Grant Deed recorded in Volume 1508 at
Page 404, Official Records of Shasta County.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of Redding.
B00K2634PACE.7
1/41
_ ` 1440'`' EXHIBIT "D"
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' _ ".. Z' Cityo Redd '
. .,. , . ; Redding
off:: : 4r
June 11, 1990
K.O.S. Atlas Corporation
20480 Pacifica Drivel _ #C
Cupertino, CA 95014
Re: Portions of property (an irregular shaped parcel of
approximately 26.2 acres) generally located west of Airport
Road and north of Churn Creek Road, in the unincorporated area
of Shasta County, APN# 56-350-37, as follows:
(a) 20 foot wide permanent public service easement (15,842±
sq. ft. ) adjacent to the easterly boundary, and
(b) 30 foot wide temporary construction easement (23,766± sq.
ft. ) adjacent to and westerly of the public service
easement. This temporary construction easement shall
terminate upon recordation of a "Notice of Completion" by
the City of Redding.
Dear Sirs
This letter constitutes an offer of just compensation from the City
of Redding to acquire the above easements from you, together with
the required summary statement of the basis for that compensation.
The permanent and temporary easements which the City would consider
acquiring are generally described in Exhibit "A", are shown in
Exhibit "B", and are more particularly described in Exhibit "C"
attached hereto. (The whole of the property is described in
Exhibit "D" attached hereto. ) The offer of just compensation for
such property interests is S 750. 00. The City of Redding offers to
acquire the proposed easements, free and clear of all encumbrances
whatsoever and all conditions or reservations, except those
expressly approved by the City for this property. Any escrow costs
associated with this acquisition are to be paid by the City.
760 PAWCVTEW AVENUE, REDDING CA 96001.3396 TEI.EPHONE 916.225-4000
B00K2W4PIl6E
Page Two
R.O.H. Atlas Corporation
The just compensation of S 750. 00 which the City is offering is
the fair market value based on an appraisal of the easements
prepared by Ryan & Associates, Real Estate Appraisers and
Consultants. This sum is believed by the City to be the fair value
of the easements and, consequently, the just compensation for same.
The City has based its determination of just compensation on its
inspection of the property and its consideration of the above
appraisal. In the opinion of the City, the just compensation
offered to you for these easements complies with the definition of
fair market value recognized by the Eminent Domain Courts of the
State of California and used by the City and its appraisers in
making their determination of just compensation.
If you have any questions regarding any of the above, please feel
free to contact me at 225-4050. If it is your decision to accept
the City's offer for this property, _please sign the enclosed
Acceptance and return the same to this office on or before
.T.dr F, 1110
(Date)
We look forward to hearing from you in the near future.
Very truly yours,
iat
eDAL141+4s-
L A. HAYS
City Attorney
RAH:sjc
enclosures
CERTIFIED
800K2 PA$E908
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EXHIBIT "A"
General Description
(Easements to be Acquired)
The Clover Creek Sanitary Sewer project will provide sewer to
Redding's easterly area. The sewer line passes through the
subject parcel along a portion of its easterly boundary then
through the portion that connects to Airport Road in a south
to north direction. An easement for road and utility purposes
already occupies a 60 feet wide strip adjacent to the easterly
bound, and through the portion connecting to Airport Road
according to the easement drawing provided us by Sharrah
Dunlap & Associates. Said drawing appears in this report.
The easements required for the sewer consist of a 20 foot wide
permanent easement, of approximately 15,842 square feet,
immediately adjacent to the easterly property line and a
thirty foot wide temporary construction easement, of
approximately 23,766 square feet, adjacent to the western edge
of the permanent easement, for a total of 50 feet. Thus the
required easements lie entirely within the existing easement.
BOOK2634PACE 90/,
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U (EXHIBIT "a" ;
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201;2500
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S. ICON AT1.Ab CORP. •
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CONSTRUCTION EASEME .1
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EXHIBIT "C" A.P. #056-350-37
(Easements to be Acquired) .
A 20 foot wide permanent easement containing approximately 15841.9
square feet, across a parcel of land situate in the State of
California, County of Shasta, and described as follows:
Said Permanent Easement, being a portion of . Section 3,
Township 30 North, Range 4 West M.D.M. , and running across the
land described in the Individual Grant Deed dated December 28,
1977, and recorded June 8, 1978 in Volume 1528, at Page 351,
Official Records of Shasta County, said easement being more
particularly described as follows:
Said permanent easement, being 20 feet wide, (as measured at
right angles to and) lying westerly of the following described
line:
Beginning at the northeast corner of Lot 23 of Tucker Oaks
East, Tract 1544, as recorded February 11, 1981, in Book 16 of
Maps at Page 87, Shasta County Official Records; thence, North
00'23 '36" West, 600. 41 feet, on and along an easterly line of
said parcel described in Volume 1528 at page 351, official
Records of Shasta County; thence, leaving said easterly line
and continuing North 00'23 '36" West, 191.65 feet to the south
line of lands described as Parcel 2 in the Partnership Grant
Deed dated March 28, 1978, recorded march 31, 1978 in Volume
1508 at Page 404, Official Records of Shasta County, said
Point being the Point of Terminus of said line.
Together with:
A temporary construction easement with the right and privilege to
enter upon and use for the placing or piling thereon of earth,
materials, and machinery, and for other purposes useful or
necessary in connection with the construction of the sanitary sewer
pipeline adjacent thereto;
Said temporary construction easement, being 30 feet wide,
containing approximately 23765.6 square feet, and described as
follows:
A 30 foot wide strip (measured at right angles to the westerly
line of the above described permanent easement) lying westerly
of and adjacent to the above described permanent easement and
extending from said Lot 23 of Tucker Oaks East, to said Parcel
2, of the Partnership Grant Deed recorded in Volume 1508 at
Page 404, Official Records of Shasta County.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of Redding.
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B00K2634 PAGE90..7.
EXHIBIT "D"
(Whole Parcel before Acquisition of Easements)
LOCATION OP TEE PROPERTY
The subject property is located just south of the city limits of
Redding with frontage on both Airport and Churn Creek Roads. The
parcel is just south of the Redding Municipal Airport. The parcel
is identified by the Shasta County Tax Assessor as APN 056-350-37.
BITE DESCRIPTION
The subject parcel comprises 26.20 acres and is irregular in shape.
The northerly portion of the parcel is a flag shaped piece with
approximately 190 feet of frontage on Airport Road. This 190 foot
wide strip runs west approximately 660 feet to a portion of the
property about 750 feet square. The western boundary lies on the
west bank of Clover Creek which meanders southward along the •
western property line. From the large square area of the northern
portion of the property the parcel is very narrow as it follows the
creek to the south into the larger southern portion of the
property. The southern portion has approximately 800 feet of
frontage on Churn Creek Road. The western boundary of the southern
portion of the subject is shared with the Tucker Oaks Public Golf
Course.
The area of the property immediately adjacent to the creek on both
sides is densely foliated with willow trees and brush, as is most
of the southern portion of the property. The northern portion has
been cleared and graded. This area is now gently sloping and of
even terrain. The remainder of the parcel is predominately gently
sloping and of even topography but the creek cuts a fair sized
channel through the west center of it.
37216 eo0K2634PAGC910