HomeMy WebLinkAboutReso. 1990-438 - Acquisition of Clover Creek Sewer Assesment District No. 1987-2 APN 056-490-018 T•=
3722 RECORDED AT REQUEST OF
AtTUR1 TO
`CITY-OF REDDING
760 Parkview Ave. AT MIN. PAST M
Redding, CA. 96001 aRaA►u RDS SHASTA COUNTY.Udff.
AUG281990
4")Afr
RESOLUTION NO. 90-1/21,8' AssissoRagoRDERFEEHOU
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 AND TWO
TEMPORARY CONSTRUCTION EASEMENTS FOR PUBLIC IMPROVEMENTS,
NAMELY INSTALLATION OF SEWER TRUNK LINES FOR CLOVER CREEK
SEWER ASSESSMENT DISTRICT NO. 1987-2; ASSESSOR' S PARCEL NO.
056-490-18 (JOE A. WILSON AND ROBERT L. NIXON, 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
permanent public service easement and two temporary construction
easements for said public improvements over, under, and through
the real property owned by Joe A. Wilson and Robert L. Nixon,
Assessor' s Parcel No. 056-490-18 .
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.
5 g00K2635PA$E085 ;:°�3
•
C1 V
t -
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, H and C attached hereto and incorporated
herein by reference, Assessor' s Parcel No. 056-490-18 , 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- rr��cc��
B00K2635PAGE086 c:
•
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 , Ful ton & BUffiin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Moss
ABSTAIN: COUNCIL MEMBERS: None •
N Y FUM, or
J; (4jret . .
City Redding
^.• •
1:•ETHELcA. NICHOI,S'; "City Clerk
j. 'PROVED: '
RANDALL A. HAYS, C ty Attorney
•
-3-
BOOK2635 PACEO8/ •
•
U
EXHIBIT "A"
General Description
(Easements to be Acquired)
This square parcel lies on the southwest corner of the intersection
of Airport and Churn Creek Roads. The parcel, except for the
northeast corner is densely covered with trees, brush and poison
oak. A small old home and outbuildings occupy the southeast corner
of the parcel. A public service easement (PSE) of approximately
7, 861 square feet and two temporary construction easements (TCE) one
part of approximately 2, 272 square feet and the second part of
approximately 14,885. 6 square feet are required from this parcel
adjacent to the northern boundary. See drawing and legal
description attached.
•
Boox aiiICEV00
r ( j EXHIBIT "B"
•
•
•
•
I e oT c
it-SAWS
P A . Cr
vele M.rWb et
` I
200 mrt.
Ter-p�RM CdAtoUCIP
PEX MAPS 61
• APPROX SCALE
r2
I nee
HICO RCN.WICCrAirsialeve
�Nc ..--H1CIST4e4 tato°UristO d
viae ase OR.aoa
R' 1'
•Xi'
.21•
R
TEHPOf(olerTIP' lGTWM
TEMPOENT AR of
PE1•YIDT1>5'
•IG4.10'
•92.44'
15;tawRk A•f�i4'?P
M
RAW Wa ?girt ' LM1• 5
Ear
9719Do"EL29.'19' - - _ _� _
�p T� (fie( cE �,
•F h�,JT I ,LTI iscos9'9D'W ► N
PART ei 74A4'
W 16501)1 N OW.%
AP rte,-490-
ereausre
94.oC'
►119'44.Se'14
•
PU ELK.SERVICE eAseME11TAND
TWO TEMPORARY COIJ5TRUCT1OUJ EASEMEUT5
mom
JOE A. WILSOL1 AUP tweeter L. AUIICOU
TO
DATE CITY OF REDDING' .Pse •
• aooK4bJ5PACCBS .
EXHIBIT "C" A.P. # 056-490-18
A permanent easement, containing approximately 7860.8 square feet,
across a parcel of land situate in the southeast one-quarter of
Section 3, Township 30 North, Range 4 West M.D.B. & M. , County of
Shasta, State of California, said permanent easement being
described as follows:
Beginning at the northwest corner of the lands described in
the Grant Deed dated September 14, 1977 and recorded November
10, 1977, in Book 1472 at Page 522 of Official Records of
Shasta County, less the portion thereof described in the Grant
Deed dated February 2, 1988, recorded March 14, 1988 in Book
2383 , at Page 407 of Official Records of Shasta County;
thence, from said Point of Beginning, southerly, on and along
the westerly line of said lands, South 00'05'05" East, (South
per 1472 O.R. 522) , 10.27 feet; thence, leaving said westerly
line, South 76'52 '09" East (South 76'42 'East, per 1472 O.R.
522) , 229.79 feet, parallel with and 10 feet southerly of the
northerly line of said lands; thence, leaving said parallel
line, along a 690 foot radius curve to the right, tangent to
a line which bears South 74'16'25" East, concave to the south,
through a central angle of 13'37 ' 35", a distance of 164 . 10
feet; thence, South 60'38 '50" East, 95.02 feet, to a point on
the westerly right-of-way line of Airport Road as described in
said Grant Deed recorded in Book 2383 at Page 407 Shasta
County Records; thence northerly, on and along said westerly
right-of-way line, North 15'44 '36" West, (North 15'39'31" West
per 2383 O.R. 407) , 26.83 feet; thence, continuing along said
right-of-way line, along a 50. 07 (50. 00 per 2583 O.R. 407)
foot radius curve to the left, tangent to a line which bears
North 01 '20' 05" East, concave to the west, through a central
angle of 1'22 '53", a distance of 1. 21 feet; thence, non-
tangent to the last described curve and leaving said right-of-
way line, North 60'38'50" West, 75.44 feet; thence, along a
710 foot radius curve to the left, tangent to the last
described line, concave to the south, through a central angle
of 6'15'27", a distance of 77.54 feet, to a point on the north
line of the lands described in said Grant Deed recorded in
Book 1472 at Page 522, Official Records of Shasta County;
thence, non-tangent to the last described curve, on and along
said north line, North 76'52'09" West (North 76'42 ' West per
1472 O.R. 522) , 324 .75 feet to the Point of Beginning.
(continued)
BOOK2PAd1
C
A.P. # 056-490-18
Together with:
Two temporary construction easements, described as Part "A" and
Part "B", 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;
Part "A"
Said temporary construction easement, containing approximately
14,885. 6 square feet, being 30 feet wide, lying southerly of
and adjacent to the above described permanent easement, the
northerly line of said temporary construction easement being
coincident with the southerly line of said permanent easement.
The sidelines of said temporary construction easement being
extended or shortened to begin on the westerly line of said
lands described in Book 1472 at Page 522, of Official Records
of Shasta County, and terminate on the westerly line of said
Airport Road right-of-way as described in Book 2383 at Page
407 of Official Records of Shasta County.
Part "B"
Said temporary construction easement, containing approximately
2272 . 1 square feet, lying northerly of the above described
permanent easement and southerly of the southerly right-of-way
line of County Road No. 10-E (Churn Creek Rd) and westerly of
the westerly right-of-way line of said Airport Road as
described in Book 2383 at Page 407 of Official Records of
Shasta County.
Said temporary construction easements shall terminate upon
recordation of a notice of completion by the City of Redding.
B00K2635r$1091
h _
/ aEXHIBIT "D"
go
tsj Nita la City of Redding
August 10 , 1990
Joe A. Wilson
Route 1 , Box 3130
Anderson, California 96007
Robert L. Nixon
3011 North Park Drive
Flagstaff, Arizona 86004
Re: Acquisition of a Permanent Public Service Easement and Two
Temporary Construction Easements Generally Located at the
Southwest Corner of the intersection of Airport and Churn
Creek Roads in the County of Shasta, Assessor' s Parcel No.
056-490-18 , for Installation of Sewer Trunk Lines for Clover
Creek Sewer Assessment District No. 1987-2 .
Gentlemen:
Enclosed is a copy of a letter from Ryan & Associates dated
August 6 , 1990 , advising that the value of the above-mentioned
easements has been re-calculated to $2 ,600 .00 . Therefore, our
offer to you for the easements now stands at $2 ,600 .00 .
If you would be willing to accept this new offer, please
return the signed Acceptance (writing in the amount of $2 ,600 . 00)
to this office by Friday, August 17 , 1990 .
Very truly yours,
RANDALL A. HAYS
City Attorney
rah/ad
Enclosure
c: City Clerk
Public Works
760 PARKVIEW AVENUE, REDDING CA 96001-33% TELEPHONE 916-225-4000
scoK2635ract092
•
U i
RYAN &ASSaCIATES
CIreal estate analysts and consultants
August 6, 1990
Mr. Robert Hobbs
Sharrah Dunlap and Associates, Inc.
3161 Bechelli Lane, Suite 103
Redding, CA 96002
Dear Mr. Hobbs:
RE: Re-calculation of just compensation on ten properties appraised for Clover Creek
Sewer Easements
We have discovered through a subsequent review of files connected with the above
mentioned project that the amount of Just Compensation attributed to the temporary
construction easements for ten properties requires re-calculation. The calculation used in
the six files in question reads as follows:
Just Compensation = Value Per Required Unit x Rate of Return x Period
The value per required unit was originally calculated by multiplying the value per square foot
of the specific property by 25 percent or 50 percent to arrive at the value of encumbered
land (covered by an easement). This value was then multiplied by the rate of return and the
period. The re-calculation is required by the fact that the temporary construction easements
transfers all rights of use for the specified period. The just compensation is then based on
the fee simple value of the specific property. Re-calculating the just compensation without
the 75 percent or 50 percent reduction results in a greater amount of Just Compensation
due the nine property owners.
The properties affected along with the original amounts and recalculated amounts of just
compensation appear below with the associated file numbers. These values are hereby made
part of the original reports by reference.
•
aoor<2635vacE093.
--1 . v
Mr. Robert Hobbs
August 6, 1990
Page 2
API 'OWNER FILE NO. ORIGINAL CORRECTED JUST DIFFERENCE
JUST COIPENSAT ION
00IPENSAr1ON
///—�'' 054-170-02 Jurin 900193 117,100 (19,200 *2,100
054-070-11 Ebbe 900185 11,850 $2,200 *350
054-05026 Holden 900191 1180 5190 $10
✓, 054-310-03 Tyler 900212 54,850 15,600 :750
i
( 056-350-38 Pripnre 900202 1750 $1,400 1650
l{`J 056.310-10 Wilson/Nixon
900215 (2,400 $3,650 51,250
Woodr
51
056-490-18 YilaoNiaon 900214 $1,500 *2,600 ,100
054-300-17 Shasta-Butte 900205 *2,500 :3,800 51,300
A
/ 054-320.04 Cote 900183 15,000 55,900 5900
056-010-14 Coto 900185 (1,900 *2,200` 1300
If you have any questions or desire further information, please contact us at your earliest
convenience.
Very truly yours,
' c.A.. thr. .4?---
Jeffery L Shilling Charles W. Ryan, MAI
Associate Appraiser •
JIS/CWR/sf
• BOOKZ 5PME094
•
c) U •
• Aea',�
EXHIBIT "D" -
.CA �e
_.ionto Z' City of Redd •
June 14, 1990
Mr. Joe A. Wilson
Rt. 1 Box 3130
Anderson, CA 96007
Mr. Robert L. Nixon
3011 North Park Dr.
Flagstaff, AZ 86004
Re: Portions of property (a parcel of approximately 3.88 acres)
generally located at the southwest corner of the intersection
of Airport and Churn Creek Roads, in the unincorporated area
of Shasta County, APN# 56-490-18, as follows:
(a) A permanent public service easement (7861± sq. ft. )
along and near the northerly boundary, and
(b) Two temporary construction easements, one 30 feet in
width adjacent to and southerly of the public service
easement, and the other adjacent to and northerly of the
easterly portion of the public service easement. These
temporary construction easements shall terminate upon
recordation of a "Notice of Completion" by the City of
Redding.
Dear Mr. Wilson and Mr. Nixon:
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 51.500.00. 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.
B00K2635PAd1095
760 PARKVIEW NU
AVEE, BEDDING CA 96001.3396 TELEPHONE 916.225-4000
•
U o
Page Two
Mr. Wilson and Mr. Nixon
The just compensation of 51.5OO.OQ 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
AcLtance and return the same to this office on or before
4 /9fo
('bate)
We look forward to hearing from you in the near future.
Very truly yours,
C&_eQ
RANDALL A. HAYS
City Attorney
RAH:sjc
enclosures
CERTIFIED
•
•
B00K2635LW°96
0 0 '
EXHIBIT "A"
General Description
(Easements to be Acquired)
This square parcel lies on the southwest corner of the intersection
of Airport and Churn Creek Roads. The parcel, except for the
northeast corner is densely covered with trees, brush and poison
oak. A small old home and outbuildings occupy the southeast corner
of the parcel. A public service easement (PSE) of approximately
7,861 square feet and two temporary construction easements (TCE)one
part of approximately 2,272 square feet and the second part of
approximately 14,885.6 square feet are required from this parcel
adjacent to the northern boundary. See drawing and legal
description attached.
•
BooK2635 PACE 097
(..) unlit "8" U
•
Iisitre r w�s�sf
I
•
17..................1
La►ao�crenew
�'w.wn�
iiiiii I CI
4�� ` °Olt acs SW
VESW
eftecow as•hoe url
zitrw
se.o-r
Yu air
nsmemon mon ,OwT1ou
•Yre*�eV
a•down
In=tfl11.•fter
97irstare este* --- , _ _Ilk, •
s- Vis. r; `\ � a
Cf4SfO1Gd1 Mo0'EBrfldM
�EiNEWf rnaT �+' wuisowl MOM
AP DG-490•ID g I)
eertirSIfta
qt•OC•
4.Y44'.4'14
tea ,
Pue1sERVICE eAsEUTAun
.1Gen
tWO TEMPORARY,CONSTRUCTIOII EASEMMITS
num
JOE A WILSON ALIO weer L.IJIKO1.1c � ����
7o B00K2W'5i1GE0 8
ons CITY OF REDOING vse
V ,
/-,
EXHIBIT "C" A.P. # 056-490-18
A permanent easement, containing approximately 7860.8 square feet,
across a parcel of land situate in the southeast one-quarter of
Section 3, Township 30 North, Range 4 West M.D.B. & M. , County of
Shasta, State of California, said permanent easement being
described as follows:
Beginning at the northwest corner of the lands described in
the Grant Deed dated September 14, 1977 and recorded November
10, 1977, in Book 1472 at Page 522 of Official Records of
Shasta County, less the portion thereof described in the Grant
Deed dated February 2, 1988, recorded March 14, 1988 in Book
2383 , at Page 407 of Official Records of Shasta County;
thence, from said Point of Beginning, southerly, on and along
the westerly line of said lands, South 00'05'05" East, (South
per 1472 O.R. 522) , 10.27 feet; thence, leaving said westerly
line, South 76'52 '09" East (South 76'42 'East, per 1472 O.R.
522) , 229.79 feet, parallel with and 10 feet southerly of the
northerly line of said lands; thence, leaving said parallel
line, along a 690 foot radius curve to the right, tangent to
a line which bears South 74'16'25" East, concave to the south,
through a central angle of 13'37'35", a distance of 164.10
feet; thence, South 60'38'50" East, 95.02 feet, to a point on
the westerly right-of-way line of Airport Road as described in
said Grant Deed recorded in Book. 2383 at Page 407 Shasta
County Records; thence northerly, on and along said westerly
right-of-way line, North 15'44 '36"West, (North 15'39'31" West
per 2383 O.R. 407) , 26.83 feet; thence, continuing along said
right-of-way line, along a 50.07 (50.00 per 2583 O.R. 407)
foot radius curve to the left, tangent to a line which bears
North 01'20'05" East, concave to the west, through a central
angle of 1'22 '53", a distance of 1.21 feet; thence, non-
tangent to the last described curve and leaving said right-of-
way line, North 60'38'SO" West, 75.44 feet; thence, along a
710 foot radius curve to the left, tangent to the last
described line, concave to the south, through a central angle
of 6'15'27", a distance of 77.54 feet, to a point ion the north
line of the lands described in said Grant Deed recorded in
Book 1472 at Page 522, Official Records of Shasta County;
thence, non-tangent to the last described curve, on and along
said north line, North 76'52 '09" West (North 76'42' West per
1472 O.R. 522) , 324.75 feet to the Point of Beginning.
(continued)
1 B00,2635W10199
•
•
•
A.P. ; 056-490-18 -
Together with:
Two temporary construction easements, described as Part "A" and
Part "B", 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;
Part "A"
Said temporary construction easement, containing approximately
14,885.6 square feet, being 30 feet wide, lying southerly of
and adjacent to the above described permanent easement, the
northerly line of said temporary construction easement being
coincident with the southerly line of said permanent easement.
The sidelines of said temporary construction easement being
extended or shortened to begin on the westerly line of said
lands described in Book 1472 at Page 522, of Official Records
of Shasta County, and terminate on the westerly line of said
Airport Road right-of-way as described in Book 2383 at Page
407 of Official Records of Shasta County.
Part "B"
Said temporary construction easement, containing approximately
2272.1 square feet, lying northerly of the above described
permanent easement and southerly of the southerly right-of-way
line of County Road No. 10-E (Churn Creek Rd) and westerly of
the westerly right-of-way line of said Airport Road as
described in Book 2383 at Page 407 of Official Records of
Shasta County.
Said temporary construction easements shall terminate upon
recordation of a notice of completion by the City of Redding.
•
37224 BOOK2635 4EIM