HomeMy WebLinkAboutReso. 1990-439 - Acquisition of Clover Creek Sewer Assesment District No. 1987-2 APN 054-170-002 RE
' � RETURN JO 37225 fir! RECORDED AT REQUEST OF
CITY OF_j2EDDING r OF RPAS TI
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760 Parkview Ave. AT �`� MIN. PAST L�M
OfROAL RECORDS SHASTA COUNTY,CALL
Redding, CA. 96001
AUG281990
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'RESOLUTION NO. 90-yamFEE
ASSUSOR•RECORDER FEE f �
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.
054-170-02 (JOHN D. JURIN, PHYLLIS J. JURIN, MILTON H.
JURIN, AND DONNA R. JURIN, 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 service easement and a 30 ' temporary
construction easement for said public improvements over, under,
and through the real property owned by John D. Jurin, Phyllis J.
Jurin, Milton H. Jurin, and Donna R. Jurin, Assessor' s Parcel No.
054-170-02 .
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
1/2
manner that will be most compatible, with the greatest public
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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
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. 054-070-02 , 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
-2-
sOOK2635PneE102
CV V
introduced 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
NC UFFUM7yor
Cit of Redding
�.'..i.Lam, P,
ry
ATTEST e a : ,', t,.;
''tETHEL'`A. NICHOLS,_._City Clerk
`.FORMS PyROVED:,7;,
<dr
RA DALL A. HAYS/ ity Attorney
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BooK2635Pacc103
EXHIBIT "A"
General Description
(Easements to be Acquired)
The Clover Creek Sanitary Sewer project will provide sewer to
Redding's easterly area. The sewer line passes through the
subject parcel in a north to south direction roughly
paralleling the creekbed but approximately 80 feet west of it.
A public service easement (PSE) of approximately 55, 325 square
feet, and a temporary construction easement (TCE) , of
approximately 81,466.4 square feet, are required from this
parcel. The PSE is 20 feet wide and the TCE is 30 feet wide
and adjacent to the PSE on the west side.
BOOK2NWEl"
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EXHIBIT "C" A.P. 9 054-170-02
(Easements to be Acquired)
A 20 foot vide permanent easement, containing approximately
55,325.0 square feet, across a parcel of land situate in the
southwest one-quarter of Section 22, Township 31 North, Range 4
West, Mount Diablo Base and Meridian, City of Redding, County of
Shasta, State of California. The centerline of said 20 foot vide
permanent easement (measured radially and at right angles to said
centerline) , being more particularly described as follows:
Commencing at the southwest corner of said Section 22, as said
corner is shown on Parcel Map No. 148-79, as recorded May 16,
1980, in book 20 of Parcel Maps at Page 105, Shasta County
Records; thence North 89'S1'09" East, 653.60 feet, on and
along the south line of said southwest one-quarter to the
Point of Beginning of said centerline; thence, from said Point
of Beginning, North 00'04'51" West, 1026.30 feet; thence,
along a 600 foot radius curve, tangent to the last described
line, concave to the west, through a central angle of 14'
00'18", a distance of 146.66 feet; thence, North 14'05'09"
West, 732.49 feet; thence, along a 600 foot radius curve,
tangent to the last described line, concave to the southwest,
through a central angle of 20.18'37", a distance of 212.69
feet; thence North 34'23'48" West, 648.11 feet, to a point on
the vest line of said southwest one-quarter, and the Point of
Terminus of said centerline. Said Point of Terminus bears
• South 00'03'44" West, 34.34 feet from the northwest corner of
said southwest one-quarter as Said northwest corner is shown
on the survey recorded November 19, 1971 in Book 36 of Land
Surveys at Page 89, Shasta County Records. The sidelines of
said easement being extended or shortened to begin on the
south line of said southwest one-quarter and terminate on the
vest line thereof.
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 a 30 foot wide strip of
land, containing approximately 81,466.4 square feet, and described
as follows:
A 30 foot wide strip of land (measured radially and at right
angles to the westerly line of the above described permanent
easement) lying westerly of and adjacent tothe above
described permanent easement, the easterly line of said
temporary construction easement being coincident with the
westerly line of said permanent easement. The sidelines of
said temporary construction easement being extended or
shortened to begin on the south line of said southwest one-
quarter and terminate on the west line thereof.
Said temporary construction easement shall terminate upon the
recordation of a •Notice of Completion" by the City of Redding.
•
30012635n6E106
•
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1114" EXHIBIT "D"
Cu)? of Redd '
June 19, 1990
John D. Jurin and Phyllis J. Jurin
Milton H. Jurin and Donna R. Jurin
1116 DeMoll Drive
Redding, CA 96002
Re: Portions of the southwest one-quarter of Section 22, T31N, R4W
(a nearly square parcel of approximately 158.7 acres) ,
generally located south of Rancho Road and west of Airport
Road, in the City of Redding, APN 54-170-02, as follows:
(a) 20 foot wide permanent public service easement (55, 3251
sq. ft. ) westerly of Clover Creek, and
(b) 30 foot wide temporary construction easement (81,466.41
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.
Ladies and Gentlemen:
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 517. 100.00. 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.
80OK2635PAGE1U
760 PARKVIEW AVENUE, RIDDING CA96001.3396 TELEPHONE916-2254000
V
Page Two
The Jurins
The just compensation of 517. 100.00 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
.Tat 4, 1990
(bate)
We look forward to hearing from you in the near future.
Very truly yours,
Q
DALL A. HAYS/
City Attorney
RAH:sjc
enclosures
CERTIFIED
BOOK2B35PAGE1O
EXHIBIT "A"
General Description
(Easements to be Acquired)
The Clover Creek Sanitary Sewer project will provide sewer to
Redding's easterly area. The sever line passes through the
subject parcel in a north to south direction roughly
paralleling the creekbed but approximately 80 feet west of it.
A public service easement (PSE) of approximately 55,325 square
feet, and a temporary construction easement (TCE) , of
approximately 81,466.4 square feet, are required from this
parcel. The PSE is 20 feet wide and the TCE is 30 feet wide
and adjacent to the PSE on the west side.
800K2 35PA$E109
EXHIBIT "B"(,)
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EXHIBIT 'C' A.P. I 054-170-02
(Easements to be Acquired)
A 20 foot wide permanent easement, Containing approximately
55,125.0 square feet, across a parcel of land situate in the
southwest one-quarter of Section 22, Township 31 North, Range 4
Vest, Mount Diablo Base and Meridian, City of Redding, County of
Shasta, State of California. The centerline of said 20 foot wide
permanent easement (measured radially and at right angles to said
centerline) , being more particularly described as follows:
Commencing at the southwest corner of said Section 22, as said
corner is shown on Parcel Map No. 148-79, as recorded May 16,
1980, in book 20 of Parcel Maps at Page 105, Shasta County
Records: thence North 89'S1'09' East, 651.60 feet, on and
along the south line of said southwest one-quarter to the
Point of Beginning of said centerline; thence, from said Point
of Beginning, North 00604'51' West, 1026.30 feet; thence,
along a 600 foot radius carve, tangent to the last described
line, concave to the west, through a central angle of 14'
00'18•, a distance of 146.66 feet: thence, North 14605'09'
Nest, 732.49 feet; thence, along a 600 foot radius curve,
tangent to the last described line, concave to the southwest,
through a central angle of 20'18'17', a distance of 212.69
feet: thence North 14'21'48' Nest, 648.11 feet, to a point on
the west line of said southwest me-quarter, and the Point of
Terminus of said centerline. Said Point of Terminus bears
South 00'01044' Nest, 34.34 feet from the northwest corner of
said southwest ono-quarter as said northwest corner is shown
on the survey recorded November 19, 1971 in Book 36 of Land
Surveys at Page 89, Shasta County Records. The sidelines of
said easement being extended or shortened to begin on the
south line of said southwest one-quarter and terminate on the
west line thereof.
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 a 20 foot ride strip of
land, containing approximately 81,466.4 square feet, and described
as follows:
A 30 foot wide strip of land (measured radially and at right
angles to the westerly line of the above described permanent
easement) lying westerly of and adjacent to the above
described permanent easement, the easterly line of said
temporary construction easement being coincident with the
westerly line of said permanent easement. The sidelines of
said temporary construction easement being extended or
shortened to begin on the south line of said southwest one-
quarter and terminate on the west line thereof.
Said temporary construction easement shall terminate upon the
recordation of a 'Notice of Completion" by the City of Redding.
B00K2635PAuE111
U V
EXHIBIT "D"
(Whole Parcel Before Acquisition of Easements)
Title to said estate or interest at the date herein is vested in:
JOHN D. JURIN and PHYLLIS J. JURIN
his wife, as Joint Tenants, as to an undivided 1/2 interest; and
MILTON H. JURIN and DONNA R. JURIN
his wife, as Joint Tenants, 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
The Southwest one-quarter of Section 22, Township 31 North, Range
4 West, Mount Diablo Base and Meridian.
A.P.N. : 054-170-02
37225 BOOK2635PA6f112