HomeMy WebLinkAboutReso. 1990-437 - Acquisition of Clover Creek Sewer Assesment District No. 1987-2 APN 109-120-021 RETURN TO ' - 37223
. CITY'OF REDOING 'ire RECORDED AT REQUEST OF
CITY, pF ST
760 Parkview Ave. AT LOP LA MIN.IN. PAPAST
Redding, CA. 96001 - Oman RECORDS SHASTA COUNTY,CALIF.
Q 4"idlecasj
AUG281990
RESOLUTION NO. 90 .yt 7
MuLISOB•ELCORDLR RE INOFEE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF A 1198.5± SQUARE 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. . 109-120-21 (RAYMOND C.
COOK AND GALE R. COOK, 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 1198 .5±
square foot temporary construction easement for said public
improvements over, under, and through the real property owned by
Raymond C. Cook and Gale R. Cook, Assessor' s Parcel No.
109-120-21 .
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. NA
Section 4 . City Council has ratified the Negative
yo L( _1 K B0GK2635NG(013 ��
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. 109-120-21 , 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 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-
aook2635PAGE 074
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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 & Buffurn
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Moss
ABSTAIN: COUNCIL MEMBERS: None
1
N CY : 6118 , M= •or
City • Redding
.V ' ETHEL •A_ -NICHOLS'; City Clerk
.FO• .: PROVED: •
/te ' e•:
: • hiDALL .A: HAYS, ity Attorney
—3—
BOOK2635PAGE0'75
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EXHIBIT "A"
General Description
(Easement to be Acquired)
A triangular shaped temporary construction easement (TCE) , of
approximately 1198. 5 square feet, is required from this
parcel. The larger parcel is irregularly shaped and imporved
with a single family residence showing signs of deferred
maintenance. The subject lot is about 50 percent larger than
the typical lot in the neighborhood. Approximaltey 1/3 of the
required area is already encumbered by a drainage easement.
See maps, drawings, and legal description attached.
•
•
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EXHIBIT "B"
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TEMPORARY CONSTRUC11OU EASEMEUT
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7
DATE CITY OF REDDING P5E. I!yr�
- BOOK2635PA61O7
• EXHIBIT "C" A.P. #109-120-21
(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 othe purposes useful or necessary
in connection with the construction of the sanitary sewer pipeline
adjacent thereto;
Said temporary construction easement, containing approximately
1198.5 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 Reding,
County of Shasta, State of California, said temporary construction
easement being more particularly described as follows:
Beginning at the southwest corner of Parcel 3 as shown on
Parcel Map No. L.S. 2-77, recorded February 1, 1977 in Book 11
of Parcel Maps at Page 38, Shasta County Records; thence,
South 89°53 '49" East (North 89°57 '22" East per 11PM38) , 73.72
feet on and along the south line of said Parcel 3, to the
southeast corner thereof; thence, North 42°10'39" West (North
42°01 '50" West per 11PM38) , 20.00 feet on and along an
easterly line of said Parcel 3 to an easterly corner thereof;
thence, North 18°58' 16" East (North 19°07 '05• East per 11PM38)
25. 00 feet on and along an easterly line of said Parcel 3;
thence, South 60°44 '28" West, 78.42 feet leaving said easterly
line to the Point of Beginning.
Said Temporary Construction Easement shall terminate upon the
recordation of a "Notice of Completion" by the City of Redding.
BOON 5PA0EO.,
• V EXHIBIT "D" C)
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-
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June 5, 1990
Raymond C. & Gale R. Cook
5573 Gilbert Drive
Redding, CA 96002
Re: Portion of property (an irregular-shaped parcel - of
approximately 12, 267 sq. ft. ) generally located northeasterly
of the cul-de-sac at the East end of Christian Avenue, in the
City of Redding, APN 109-120-21, as follows:
A triangular-shaped temporary construction easement
(1198. 5± sq. ft. ) from the Southeasterly portion of
the property. This temporary construction easement shall
terminate upon recordation of a "Notice of Completion" by
the City of Redding.
Dear Mr. & Mrs. Cook:
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 "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
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.
4
760 PARKVIEW AVENUE, REDDING CA 96001-3396 ItI EPHONE 916-225-4000 '
sooK2635vact0'79'
Page Two
Raymond C. & Gayle R. Cook
The just compensation of S100.00 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 detesaination 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
Tune 22. 1990 .
(Date)
We look forward to hearing from you in the near future.
Very truly yours,
A. HAYS
City Attorney
RAH:sjc
enclosures
CERTIFIED/RR
802635noCpOVT
•
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•
EXHIBIT "A'
General Description
(Easement to be Acquired)
A triangular shaped temporary construction easement (TCE) , of
approximately 1198.5 square feet, is required from this
parcel. The larger parcel is irregularly shaped and imporved
with a single family residence showing signs of deferred
maintenance. The subject lot is about 50 percent larger than
the typical lot in the neighborhood. Approximaltey 1/3 of the
required area is already encumbered by a drainage easement.
See maps, drawings, and legal description attached.
•
•
BOOM I00
•
EXHIBIT "BC
•
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TEMPORARY COWSTRUGTIOIJ EASEMEUr
RAYMONDG 4 CZALE R coat
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DATE CITY OF REDOING, • rise oonn
B00K26355PAGE OO2
EXHIBIT "C" A.P. 1109-120-21
- -
(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 othe purposes useful or necessary
in connection with the construction of the sanitary sewer pipeline
adjacent thereto;
Said temporary construction easement, containing approximately
1198. 5 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. b M. , City of Reding,
County of Shasta, State of California, said temporary construction
easement being more particularly described as follows:
Beginning at the southwest corner of Parcel 3 as shown on
Parcel Map No. L.S. 2-77, recorded February 1, 1977 in Book 11
of Parcel Maps at Page 38, Shasta County Records; thence,
South 89°53 '49" East (North 89°57 '22" East per 11PM38) , 73.72
feet on and along the south line of said Parcel 3, to the
southeast corner thereof; thence, North 42°10'39" West (North
42°01'50" West per 11PM38) , 20.00 feet on and along an
easterly line of said Parcel 3 to an easterly corner thereof;
thence, North 18°58 ' 16" East (North 19°07 '05• East per 11PM38)
25.00 feet on and along an easterly line of said Parcel 3;
thence, South 60°44 '28" West, 78.42 feet leaving said easterly
line to the Point of Beginning.
Said Temporary Construction Easement shall • terminate upon the
recordation of a "Notice of Completion" by the City of Redding.
B00K2635Mt11W
EXHIBIT "D"
(Whole Parcel Before Easement Acquisition)
Title to said estate or interest at the date herein is vested in:
RAYMOND C. COOK and GALE R. COOK,
husband and wife
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 2 as shown on Parcel Map no. 338-77 in the Northwest quarter
of the Southeast quarter of Section 4, Township 31 North, Range 4
West, M.D.B. GM. , filed December 20, 1976 in Book 10 of Parcel Maps
at page 116, Shasta County Records.
A.P.N. : 109-120-21
37223 B00K2635PACE0 A