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Home My WebLink AboutReso. 1990-436 - Acquisition of Clover Creek Sewer Assessment District No. 1987-2 APN 109-120-020 kETURN TO 37222 0 ' RECORDED AT RE UEST OF CITY OF REDDING • 760 Parkview Ave. AT MIN. PAST M Redding, CA. 96001 °FROM RECORDS SHASTA COUNTY.CALIF. AUG 2 81990 o 4")A' RESOLUTION NO. 9041)12 ertijOEE AB11101•RECORDER SE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PERMANENT PUBLIC SERVICE EASEMENT, NAMELY INSTALLATION OF SEWER TRUNK LINES FOR CLOVER CREEK SEWER ASSESSMENT DISTRICT NO. 1987-2 ; ASSESSOR'S PARCEL NO. 109-120-20 (ROBERT C. ROESNER, 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 permanent public service easement for said public improvements over, under, and through the real property owned by Robert C. Roesner, Assessor' s Parcel No. 109-120-20 . 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 O cfo 8 - it - 7/ 2 BOOK2W3PAGEUbl S 0 .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. 109-120-20 , 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 purcliase 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 �c- rr11 BOOK2B JbPAGEU64 • 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 CGS UM, or City of Redding 17ATTEST:1 ..`',tiETHELNICHOLS, :City Clerk F:RM.'' .., ,ROVED: . RANDALL A. HAYS, Cit 'Attorney • 800N2000PAGE 063 EXHIBIT "A" Parcel Description (Easement to be Acquired) An 18 foot wide permanent public service easement, of approximately 1,494. 1 square feet, is required from the northern border of this parcel. This parcel is a damond shaped lot improved with a house that shows signs of deferred maintenance. While the lot is uncommonly large for its neightborhood about 25 percent lies in the Clover Creek channel. The only medium sized tree in the front yard will most likely be lost as a result of the taking. Approximately 1/3 of the take area is already encumbered by a drainage easement. See plot maps and legal descriptions attached. B001261)PAGEO64 I . : . , ' - - • , 0. • .. :. • • , ' . 0 EXHIBIT "B" / . ••:zi‘is. '••••,-.. II P 38 :-..-:P•:: -... o "• 80 OD — se PUBLIC 5ERN/ice Easemw47- nt -•• eno--•;••••.... :. APilserpalLs. asis-nue, I1517RMUAAE 4 ACCESS EASEmew PER " 10 PM 116 — . alltISTIAL1 AVELIU8 —-rj- 16 MAPS Co ___ ---NN....... PARC.aL PARCEL Arlen-leo-20 RoESUE R. 2. -8 PArce...4, IIPV1 57 II FM 57 I . I 1 Peat I I 1 I MP RCE 1848q PER 45 LS88 I 8 MAkS 32 I I I . I I I I I I • I I I IS' PUBL)C seRvice e.Asamain FIWOA ROBERT C.4 DOKILIA M. ROESIJER. ne lc. 70 BOOK40:1)0PAGE 065 DATE CITY OF REDDING P5E. V EXHIBIT "C" A.P. #109-120-20 (Easements to be Acquired) An 18 foot wide permanent easement, containing approximately 1494. 1 square feet, across' a parcel of land situate in the northwest one- quarter of the southeast one-quarter of Section 4, Township 31 North, Range 4 West, M.D.B. & M. , City of Redding, County of Shasta, State of California, said easement being nore particularly described as follows: • The north 18 feet of parcel 4 (as measured at right angles to the north line thereof) as said Parcel 4 is shown on Parcel Map No. L.S. 3-77, recorded February 1, 1977, in Book 11 of Parcel Maps at Page 37, Shasta County Records. 80012635 ACEO6U , QFO EXHIBIT "D" Redd m � City of ' June 5, 1990 Robert C. & Donna M. Roesner 5723 Gilbert Drive Redding, CA 96002 Re: Portion of property (a diamond shaped parcel of approximately 18,018 sq. ft. ) generally located southeasterly of the cul-de- sac at the east end of Christian Avenue, in the City of Redding, APN 109-120-20, as follows: (a) 18± foot wide permanent public service easement (1494 .1± sq. ft. ) along the northern boundary. Dear Mr. and Mrs. Roesner: 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 permanent public service easement which the City would consider acquiring is generally described in Exhibit "A", is shown in Exhibit "B", 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 51000.00. The City of Redding offers to acquire the proposed public service 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. The just compensation of 51. 000.00 which the City is offering is the fair market value based on an appraisal of the easement prepared by Ryan & Associates, Real Estate Appraisers and Consultants. This sum is believed by the City to be the fair value of the property 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 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. 800(41)00PA6E06/ 760 PARKVIEW AVENUE, REDDING CA 96001.3396 TELEPHONE 916-225-4000 • . Page Two Robert C. & Donna M. Roesner 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 forward to hearing from you in the near future. Very truly yours, DALL A. HAYS City Attorney RAH:sjc enclosures CERTIFIED/RR • BOOK2rnbriaf� • • • 0 , EXHIBIT "A" Parcel Description (Easement to be Acquired) An 18 foot wide permanent public service easement, of approximately 1, 494 . 1 square feet, is required from the northern border of this parcel. This parcel is a damond shaped lot improved with a house that shows signs of deferred maintenance. While the lot is uncommonly large for its neightborhood about 25 percent lies in the Clover Creek channel. The only medium sized tree in the front yard will most likely be lost as a result of the taking. Approximately 1/3 of the take area is already encumbered by a drainage easement. See plot maps and legal descriptions attached. • • BDOK26 JJPAGEUW • 0 EXHIBIT "B" • • / . ` " 11 P 38 0 • 00 kr a.,` no tie PU&Ic SER ice Easel-ern- Ano>ibcust G.11370_16 I IS DRAIUAAE 4 mass j_ _ eASEME !. PER 10 PM 116 GMRISTIAII AVEWE "�\ to MAPS Co Tne PARCEL PARCEL AP toil-140-Ito 2. 3 am-suet PARCEL-4, HPM 61 11 F M 57 I 1 I I T-CAR_ I I MPISMA PGIC 45 LS 00 I 8M415 32 I • I . I I I I . I I I I I9 PIJBL)c SERVICE, EASEMENT . FROM ROBERT C.4 DONIJA M. ROESLIER r� 70 BOOUCVJJPACE0 070 OATS CITY OF REDOING P5E ' EXHIBIT "C" A.P. #109-120-20 (Easements to be Acquired) An 18 foot wide permanent easement, containing approximately 1494.1 square feet, across a parcel of land situate in the northwest one- quarter of the southeast one-quarter of Section 4, Township 31 North, Range 4 West, M.D.B. & M. , City of Redding, County of Shasta, State of California, said easement being more particularly described as follows: The north 18 feet of parcel 4 (as measured at right angles to the north line thereof) as said Parcel 4 is shown on Parcel Map No. L.S. 3-77, recorded February 1, 1977, in Book 11 of Parcel Maps at Page 37, Shasta County Records. • Boex2 t'ricEU/1 : . EXHIBIT "D" (Whole Parcel Before Acquisition of Easement) Title to said estate or interest at the date herein is vested in: ROBERT C. ROESNER AND DONNA M. ROESNER husband and wife, as Joint Tenants The land referred to in the Guarantee is situated in the State of California, County of Shasta, and is described as follows: City of Redding Parcel 4 as shown on Parcel Map No. IS. 3-77 in the northwest one- quarter of the southwest quarter of Section 4, Township 31 North, Range 4 West, M.D.B. b M. , filed February 1, 1977 in Book 11 of Parcel Maps at Page 37, Shasta County Records. A.P.N. : 109-120-20 37222 800K&J5PAGEV/?