The URL can be used to link to this page

Home My WebLink AboutReso. 1990-434 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 056-570-013 • ':RETURN TO V 37220 PrD 4 p� UEST OF CITY OF REDDING 760 Parkview Ave. AT MIN. PAST Redding, CA, 96001 OFRO=RECORDS SHASTA Wwfly.CALIF. AUG281990 RESOLUTION NO. 90- 45y As swil•R€EORDgRO_.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. 056-570-13 (K.O.H. ATLAS CORPORATION, DALE E. VANCE, DAVID F. STOUT, MILDRED H. STOUT, Q. MARION HANSEN, JR. , AND MALINE N. HANSEN, OWNERS) . 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 serviceeasement and a 30 ' temporary construction easement for said public improvements over, under, and through the real property owned by K.O.H. Atlas Corporation, Dale E. Stout, David F. Stout, Mildred H. Stout, Q. Marion Hansen, Jr. , and Maline N. Hansen; Assessor' s. Parcel No. 056-570-13. 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 ✓ h r� qo Z� ! 5 BOOK 5PA6EO31 V V 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 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. 056-570-13 , 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 attachedhereto 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 -2- p BOON�a5 FAcEO3@ • 0 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 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 A ea N•NCY FUM,�� •or City f Redd g ATTES_Tca . •. ., • '' _ : S -e7e5o ?2/•' &&I;t'r/ `: '•ETHEL.,A. <NICHOLS, City Clerk O PROVED: RA ALL"A. HAYS, Ci Attorney -3- t� BOON2W:JPAGEOL9 rr `` L.) • 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. 28. 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 encumber the easterly 60 feet of the parcel. See maps, drawings and legal descriptions attached. B0012635PACE O4O EXHIBIT B • . • • • • • I I "' :6.1: I - to GUeuGSERVIGE EAsEMEUT II 1t �! ' I% coos- Rtr.T ou EASEJ1EtIT ;154.; V ` R GO .T-* ft AW/CAV 0 200 POW Ira WW1 PGR IG HAPS 01 0 l OY 20 �'-:•�L. l^. els:'; K014 QTLA`S-ORP APPROX SCALE Q AY 51.-570-I? r. 200' �tOlux.teAR w GP I 51 I rom RGa Mardi Pk w rips e1 -VUGKE n AK — • P plto► I W PIPE�HKO RC! 5‘01 ` siesidview 08 UiLJTY MW • ma WV!Oa.902 • fil It/ . PRNINTe POW 0....401.41LUT 41ugy nN • i I• w 20'rustic.SERVICE EASCMan *UD . • 301 TEMPORARY CONSTRUCTIOU EASEMENT FROM K014 ATLAS CORP. . To OATS CITY OF REDDING PSE qc BOOK SPACIO41 V EXHIBIT "C" (w) A.P. #056-570-13 (Easements to be Acquired) A 20 foot wide permanent easement containing 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 28 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 Naps 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 5753.6 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 28 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. • 8001(2635P4GEO42 rotA�s�O EXHIBIT "D" Er.ba l � •#4 5 • 1, City ofRedding May 29, 1990 K.O.H. Atlas 20480 Pacifica Drive. , #C Cupertino, CA 95014 Re: Portions of Lot 28 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 56-570-13, 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. 760 PARKVIEW AVENUE, REDDING CA 96001.3396 TELEPHONE 916.225.4000 car )c., AA�! Rnnr 3bPAGE0`!3 Page Two K.O.H. Atlas Corporation 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 JUNE 2.2 i co . (Date) We look forward to hearing from you in the near future. Very truly yours, alecedeteal: DALL A. HAYS City Attorney RAH:sjc enclosures CERTIFIED/RR BOOK2DthJPAGE044 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. 28. 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 encumber the easterly 60 feet of the parcel. See maps, drawings and legal descriptions attached. BOOK2635PActO45 Exa1BI: B • • • • • • • • • • `- 26'PuuwKeI e1uT ou .--ILo':EM� • 1COR.7-BAR V4ICaP Orwan2� no Ice N14144P5SPER 14APS 01 nti Ler 20 APPROX SCALE Q\ AP 66-57o-1'9 r ■ 200• �y140R.FCA t 1444, 5� ( cite 143wPCRK.MAPSei GKE O �/AK • �� W P e PKo ace 5141 • 4R • ..—E&IST1116 4d WIDE UILITY MIO PWATO ROME cesarean PER 114)O.R.302 Rr� 4iugy tl • • • hh FF • 2d PUOLIG SERVICE EASCMELIT Alsip • 301 TEMPORARY COIJSTRIJGTIOW EASEMENT FROM • K014 ATLAS CORP. io . OATS CITY OF REDOING PSE BOOK2635PACC046 • U • EXHIBIT "C" A.P. #056-570-13 (Easements to be Acquired) A 20 foot wide permanent easement containing 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 28 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 5753.6 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 28 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. • eo0K2635PACE 047. 0 • EXHIBIT "D" (Whole Parcel before Acquisition of Easements) Title to said estate or interest at the date herein is vested in: DALE E. VANCE a married man as his sole and separate property, a one-fiftieth (1/50) interest, and DAVID F. STOUT and MILDRED H. STOUT, his wife, as Joint Tenants, a one-fiftieth (1/50) undivided interest and Q. MARION HANSEN, JR. and MALINE N. HANSEN, his wife, a Joint Tenants, a one-fiftieth (1/50) undivided interest and R.O.H. Incorporated, to remainder. 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 28, 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. : 056-570-13 37220 BOOK2635PACE048