HomeMy WebLinkAboutReso. 1990-435 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 109-230-016 •t i
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CITY OF REDDING
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760 Parkview Ave. •I IF REDDING.
Redding, CA. 96001 AT -71-• MIN. PAST
DEROAI RECORDS SHASTA COUNTY,CALIF.
AUG 281990
RESOLUTION NO. 9o.•y'is- 4"149/74
ASSFssol.Rg ORD918E f�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF A .55± FOOT 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. 109-230-16 (GARY E. LOCKE AND ETHEL M.
LENNAN, 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 55± foot
temporary construction easement for said public improvements
over, under, and through the real property owned by Gary E. Locke
and Ethel M. Lennan, Assessor' s Parcel No. 109-230-16.
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.
Section 4 . City Council has ratified the Negative N1A
r a 1 -7G BOOK2 �A�IPACEO49
Co) C�
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
City of Redding, 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. 109-230-16 , 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
introduced and read at a regular meeting of the City Council of
-2- C '�,
BOOK2OchJ PAGEU50
.
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
J'
hin
N CY F , M or
City f Redding
•
ATTEST: •
i-'
`'. ETHEL''A..:NICHOLS, City Clerk
FORM= r.rROVED:
RAND'.LL A. HAYS, Cit• Attorney
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EXHIBIT "A"
General Description
(Easement to be Acquired)
This residential lot is improved with a good quality home and
fencing. This lot is larger than most in the neighborhood but
approximately 20% is unusable as it lies within the Clover
Creek Channel. A temporary construction easement (TCE) , of
approximately 3622 square feet is required from the rear area
of this parcel. The required area lies entirely outside the
fenced yard. In addition, the easement area is wholly
contained by an existing 70 foot wide greenbelt and drainage
easement. See maps and legal description attached.
BOOK21335P °52
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EXHIBIT "B"
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TEMPORARY CONSTRUCTION EASESAELIT
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40Y E. LOCKE 4 ETHEL M. LEUUAU
DATE CITY OF REDD!NG PSE
B00KPACE0453
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EXHIBIT "C" A.P. # 109-230-16
(Easement to be Acquired)
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, containing approximately
3622.9 square feet, being described as follows:
A temporary construction easement across a parcel of land
situate in the State of California, County of Shasta, City of
Redding, being a portion of Lot 16, as shown on the map of
Forest Hills Ranchettes recorded on July 24, 1979 in Book 16
of Maps at Page 6, Shasta County Records, said easement being
more particularly described as follows:
Beginning at the southwest corner of said Lot 16; thence,
north 18°58`16" east, 80. 00 feet, on and along the westerly
line of said Lot 16; thence, south 71°01'44" east, 55.00 feet,
perpendicular to said westerly line; thence, south 18°58 ' 16"
west, 51.74 feet, parallel with said westerly line to a point
on the southerly line of said Lot 16; thence, south 81°46'27"
west, 61.84 feet on and along said southerly line to the Point
of Beginning.
The above described temporary construction easement shall
terminate upon the recordation of a "Notice of Completion" by
the City of Redding.
BGa35MMECK 4
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--o# aA=7�} EXHIBIT "D"
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City of Radial/1g
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June 5, 1990
Gary E. Locke & Ethel M. Lennan
2684 Cecilia Court
Redding, CA 96002
Re: Portion of Lot 16 of Forest Hills Ranchettes Subdivision
(approximately 20,473 sq. ft. ) generally located west of
Cecilia Court, in the City of Redding, APN 109-230-16, as
follows:
55± foot wide temporary construction easement (3622 ± sq.
ft. ) adjacent to a portion of the westerly boundary.
This temporary construction easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
Dear Mr. Locke & Ms. Lennan:
This letter constitutes an offer of just compensation from the City
of Redding to acquire the above easement from you, together with
the required summary statement of the basis for that compensation.
The temporary easement which the City would consider acquiring is
generally described in Exhibit "A", is shown in Exhibit "H", and is
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 interest is
5100.00. The City of Redding offers to acquire the proposed
temporary construction easement, 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 916225.4000
e00K2635wist055
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Page Two
Mr. Gary E. Locke & Ethel M. Lennan
The just compensation of 5100.00 which the City is offering is
the fair market value based on an appraisal of the temporary
easement prepared by Ryan & Associates, Real Estate Appraisers and
Consultants. This sum is believed by the City to be the fair value
of the temporary easement 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 this temporary easement
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 22. 1990
(Date)
We look forward to hearing from you in the near future.
Very truly yours,
tatter a!
RANDALL A. HAY
City Attorney
RAE:sjc
enclosures
CERTIFIED/RR
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PAGE O56
EXHIBIT "A"
General Description •
(Easement to be Acquired)
This residential lot is improved with a good quality home and
fencing. This lot is larger than most in the neighborhood but
approximately 20% is unusable as it lies within the Clover
Creek Channel. A temporary construction easement (TCE) , of
approximately 3622 square feet is required from the rear area
of this parcel. The required area lies entirely outside the
fenced yard. In addition, the easement area is wholly
contained by an existing 70 foot wide greenbelt and drainage
easement. See maps and legal description attached.
EXHIBIT "B"
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TEMPORARY C04.15TRUCTIOU EASEMENtr
FROM
AARY E. LOCKE 4 ETHEL m. LENWAIJ
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DATE CITY OF REDDI) G PSE
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BOOK2WIJPAGEJOO ,_,
•
EXHIBIT "C" A.P. / 109-230-16
(Easement to be Acquired)
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, containing approximately
3622 .9 square feet, being described as follows:
A temporary construction easement across a parcel of land
situate in the State of California, County of Shasta, City of
Redding, being a portion of Lot 16, as shown on the map of
Forest Hills Ranchettes recorded on July 24, 1979 in Book 16
of Maps at Page 6, Shasta County Records, said easement being
more particularly described as follows:
Beginning at the southwest corner of said Lot 16; thence,
north 18°58116" east, 80.00 feet, on and along the westerly
line of said Lot 16; thence, south 71°01'44" east, . 55.00 feet,
perpendicular to said westerly line; thence, south 18°58'16"
west, 51.74 feet, parallel with said westerly line to a point
on the southerly line of said Lot 16; thence, south 81°46'27"
west, 61.84 feet on and along said southerly line to the Point
of Beginning.
The above described temporary construction easement shall
terminate upon the recordation of a "Notice of Completion" by
the City of Redding.
BOOK265P$1059
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•
EXHIBIT "D"
(Whole Parcel Before Acquisition of Easement)
Title to said estate or interest at the date herein is vested in:
GARY E. LOCKE,
an unmarried man as to an undivided 1/2 interest and,
ETHEL M. LENNAN,
an unmarried woman, as to an undivided 1/2 interest
The land referred to is situated in the State of California, County
of Shasta, and is described as follows:
City of Redding
Lot 16, as shown on the map of Forest Hills Ranchettes, filed July
24, 1979 in Book 16 of Maps at page 6, Shasta County Records.
A.P.N. : 109-230-16
37221
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