HomeMy WebLinkAboutReso. 1990-432 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 056-560-021 ` 1 ( ,
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CITY OF REDDING M RE RDED ATRUEST OF
760 Parkview Ave. AT MIN..REQPASTPAST Ili u
Redding, CA. 96001 OFfRChu RECORDS SHASTA COUNTY.CALIF.
AUG 281990
RESOLUTION NO. 9o-q.az, ' NO FEE
/SSFSSDR•mom 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.
056-560-21 (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. 056-560-21 .
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 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. �p
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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. 056-560-21 , 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 Attorneyof 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 hof the State of California, County of
Shasta, in the name Of the City of Redding to acquire
the' necessary `real propeity 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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BOOK2635PAGEOIQ
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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 Si Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Moss
ABSTAIN: COUNCIL MEMBERS: None
I ;F
FUM, M y r
City f Redding
ATTEST: eA
'ETHEL A. NICHOLS',=.City Clerk
FO PPROVED :'
RA ALL, A.. 'HAYS Attorney
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EXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is identified as Lot No. 34 of the Tucker Oaks
East Subdivision Map. The lot is irregularly shaped due to
the curve of Greenview Drive that fronts the property. A 20
foot wide public service easement (PSE) , of approximately
7397.4 square feet adjacent to the easterly side boundary and
a 30 foot temporary construction easement (TCE) , of
approximately 8423.7 square feet, adjacent to the PSE are
required from this parcel. A road and utility easement
presently encumbers the easterly 60 feet of the parcel. See
maps, drawings and legal descriptions attached.
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. EXHIBIT "1!✓ .
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40' PUetIG SERVICE e,ASE;MEUT ALIO •
ad TEMPORARY cONSTRUCTIOM EAGEMEMT
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To .
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OATS •CITY OF REDOING PSE •
E1001 PAGE
EXHIBIT "C" A.P. #056-560-21
(Easements to be Acquired)
A 20 foot wide permanent easement containing approximately 7397.4
square feet, across a parcel of land situate in the State • of
California, County of Shasta, said easement being described as
follows:
The east 20 feet of Lot 34 of Tucker Oaks East, Tract 1544,
(measured at right angles to the east line of said Lot) , as
recorded February 11, 1981, in Book 16 of Maps at Page 87,
Shasta County Records.
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 8423.7 square feet, and described as
follows:
The west 30 feet of the east 50 feet, or Lot 34 of Tucker Oaks
East, Tract 1544, (measured at right angles to the east line
of said lot) , as recorded February 11, 1981 in Book 16 of Maps
at Page 87, Shasta County Records, the easterly line of said
temporary construction easement being coincident with the
westerly line of the above described 20 foot wide Permanent
Easement.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
BOON PAUEO18:.
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jO\\1' Co) EXHIBIT "D" v
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g.
City of Redding
ti
May 24, 1990
R.O.H. Atlas
20480 Pacifica Drive. , #C
Cupertino, CA 95014
Re: Portions of Lot 34 of Tucker Oaks East Subdivision (an
irregularly-shaped parcel of approximately 0.98 gross acres) ,
generally located adjacent to and northeasterly of Greenview
Drive, in the unincorporated area of Shasta County, APN 56-
560-21, as follows:
(a) 20 foot wide permanent public service easement (7397.41
sq ft) adjacent to the easterly boundary, and
(b) 30 foot wide temporary construction easement (8423 .71 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 Sir:
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 S1000.OQ. 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 PARKVIEW AVENUE, REDDING C496001-3396 TELEPHONE 916.225-4000 2635 �p
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Page Two
R.O.H. Atlas Corporation
The just compensation of $1,000.00 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
Jaye 22, Ip90 .
(Date)
We look forward to hearing from you in the near future.
Very truly yours,
DALL A. HAYS
City Attorney
RAH:sjc
enclosures
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EXHIBIT "A"
General Description
(Easements to be Acquired)
•
This parcel is identified as Lot Ho. 34 of the Tucker Oaks
East Subdivision Map. The lot is irregularly shaped due to
the curve of Greenview Drive that fronts the property. ' A 20
foot wide public service easement (PSE) , of approximately
7397.4 square feet adjacent to the easterly side boundary and
a 30 foot temporary construction easement (TCE) , of
approximately 8423 .7 square feet, adjacent to the PSE are
required from this parcel. A road and utility easement
presently encumbers the easterly 60 feet of the parcel. See
maps, drawings and legal descriptions attached.
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BOOKn 35P46E021
EXHIBIT l/ .
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P..0.IL ATLAS CORP
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FROM . .
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Q4TE 'CITY OF REDDING PSE •
ROOK2btibPACE Oa
EXHIBIT "C" A.P. 9056-560-21
(Easements to be Acquired)
A 20 foot wide permanent easement containing approximately 7397.4
square feet, across a parcel of land situate in. the State of
California, County of Shasta, said easement being described as
follows:
The east 20 feet of Lot 34 of Tucker Oaks East, Tract 1544,
(measured at right angles to the east line of said Lot) , as
recorded February 11, 1981, in Book 16 of Maps at Page 87,
Shasta County Records.
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 8423.7 square feet, and described as
follows:
The west 30 feet of the east 50 feet, or Lot 34 of Tucker Oaks
- East, Tract 1544, (measured at right angles to the east line
of said lot) , as recorded February 11, 1981 in Book 16 of Maps
at Page 87, Shasta County Records, the easterly line of said
temporary construction easement being coincident with the
westerly line of the above described 20 foot wide Permanent
Easement.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
800K2 r4c1° 3
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EXHIBIT "D"
(Whole Parcel before Acquisition of Easements)
Title to said estate or interest at the date herein is vested in:
K.O.H. ATLAS CORPORATION
A California Corporation
The land referred to in the Guarantee is situated in the State of
California, County of Shasta, and is described as follows:
City of (Unincorporated area)
Lot 34, as shown on the map of Tucker Oaks East Tract 1544, Filed•
February 11, 1981 in Book 16 of Maps at Page 87, Shasta County
Records.
A.P.N. : 056-560-21
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