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Home My WebLink AboutReso. 1990-433 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 056-570-008 RETURN i0 - rr `,'t 37219 r CITY OF REDDING RECORDED AT REQUEST OF 760 Parkview Ave. _ egg RFOIUN(\ Redding, CA. 96001 • AT In MIN. PASTtiLJ--M OFROAE RECORDS SHASTA COUNTY.CALIF. AUG281990 4 RESOLUTION NO. 712-141 Np FEE ASSESSOR•REORDER FEE f�:� 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. 056-570-08 (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. 056-570-08. 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. O V.i 9v f'ZI - 7c( BOOK2 35PAGEO2 _r _ C) V 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. 056-570-08 , 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 . 4 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 -2- r� cccc B00K2635 PACE02U v V - City of Redding on, the '21stday of August, 1990 , and was duly adopted at said meeting by, a: four-fifths vote as follows: AYES: COUNCIL MEMBERS: Artless, Dahl , Fulton & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Moss ABSTAIN: COUNCIL MEMBERS: None 17./ ) � �L NOCY - : FUM, bI or • City `f Redding F - i:. ;ATTEST: - ' ; � �fl 'ti ;:ETHEL••A':=.NICHOL6r :�City Clerk FORM ' PROVED Widee I ' RAN6ALL A. HAYS, Attorney } . _• 3_ • . . . . • ROQK2635PAGE02 L . V EXHIBIT "A" General Description (Easements to be Acquired) This parcel is a rectangular shaped, level, oak tree studded lot located in the Tucker Oaks East Subdivision. The lot is identified as Lot No. 23 . A 20 foot wide public service easement (PSE) , of approximately 2400 square feet, adjacent to the easterly boundary and 30 foot temporary construction easement (TCE) , of approximately 3600 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. • B001203M0 5 ___ _ • • ( i EXHIBIT "B" • • uECC . SEC.s TEGY,Iµ1./ s ' il iii O 200 4 0 . APPROX SCALE Is ■ 200' • • I � • . , r- z ? Ex PST.6o WIDE I- f UTILITY PAID PRN.LTE RdD fit ePlit PER nos O R.'502 -. • •• D LOT 23 b KOH ATLAS CORP AP 5�-510-00 I e L1 • e I 20' PUBLIC SERVICE EASEMEUT CT* I I.1--'�o'7EMRJRARYIAIsTR. EA�EMEUT . Kof /PTLOEROWMIA P IT R46141FJI -tib 20' PUBLIC SERVICE Q� ^ EASEMENTANP 40 30 TEMPORARY 1- 4�J COIJ5TRUCTIOU EASEMEMT k, �"I K014 flAS CORP. L to A. CITY OF REDDIIJG • DATE P5E EXHIBIT "C" A.P. #056-570-08 A 20 foot wide permanent easementcontaining approximately 2400 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 23 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 3600 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 23 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. • • �] Vic, Oql�O • -i00K2VJJPACEO3J • 'cot qFO� , EXHIBIT "D" �T411‘ Vs)) City of Redding May 31, 1990 K.O.H. Atlas 20480 Pacifica Drive. , #C Cupertino, CA 95014 Re: Portions of Lot 23 of Tucker Oaks East Subdivision (a rectangular shaped parcel of approximately 0.66 gross acre) , generally located adjacent to and easterly of Eastmont Drive, in the unincorporated area of Shasta County, APN 56-570-08, as follows: (a) 20 foot wide permanent public service easement (2400± sq. ft. ) adjacent to the easterly boundary, and (b) 30 foot wide temporary construction easement (3600± 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 $ 350.00. 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. 800K263SPACE031 760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225.4000 • Page Two K.O.H. Altlas The just compensation of S 350.00 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 Jour 22, 1190 . (Date) We look forward to hearing from you in the near future. Very truly yours, RANDALL A. HAYS City Attorney RAH:sjc enclosures CERTIFIED/RR 32 , 900K2635 ACE° EXHIBIT "A" General Description (Easements to be Acquired) This parcel is a rectangular shaped, level, oak tree studded lot located in the Tucker Oaks East Subdivision. The lot is identified as Lot No. 23. A 20 foot wide public service easement (PSE) , of approximately 2400 square feet, adjacent to the easterly boundary and 30 foot temporary construction easement (TCE) , of approximately 3600 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. B00K2635PAGE033 • EXHIBIT "B'; ut cot. TOON.µV' qj dip Ce200 0 w�lf:TlF.: 3 APPROX SCALE r . 200' 1 I di 2j MOIST. .o WIpa Q 1 UTILITY ANO ' Punas pow arsan4 PER.I120 o R.502 • s LOT 23 KOH ATLAS CORP AP Sv-570-OB r li 1 i . I 40. PUBLIC. segVICe EASEMeUT �N/L 11-k--33dtEMF:RARYCC TR. EASEFIE UT . 'iii 1 T-OARW:fir eV II RAS MDMA / 2dPtrnUtSERVItE� DT I EASEMEUTAUP e0 3O TEMPoRARY • Q�� COWSTRUCTIOW EAGEMEU' Ike v� KOH ATLAS CORP. U I To I' CITY OF REDDI I DATE BOOK263 O4 • EXHIBIT "C" A.P. #056-570-08 • A 20 foot wide permanent easementcontaining approximately 2400 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 23 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 3600 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 23 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. BOOK2B35PAGE035 (� . •. -- • 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 CORPOATION, 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 23, 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. : 056-570-08 • • 37219 rlrr�� cc Boox2635vAct036