HomeMy WebLinkAboutReso 1990-562 - Acquisition of Easements for Public Improvements • 50905 wE CITY EOF RED$lE T of
AT S g MIN. PAST //A M;
OFFICIAL RECORDS SHASTA COUNTY,CALIF.
N O V 2 71990
RESOLUTION NO. 90-562„
ASSESSOR-RECORDER FEE 4.4""frl*:kin
.o+ F E E
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.
054-050-26 (JAMES D. HOLDEN, 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 20 ' permanent
public service easement and a 30 ' temporary construction easement
for said public improvements over, under, and through the real
property owned by James D. Holden, Assessor ' s Parcel No. 054-050-
26.
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
themanner that will be most compatible, with the greatest public
good and the least private injury. c ,p 0
BOOK2665 PAGE 438 l�
/1 a0 D4'.
411 410
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. 054-050-26 , 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
-2- B00K2665PACE439
• •
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
the City of Redding on the 20th day of November , 1990 , and was
duly adopted at said meeting by a four-fifths vote as follows:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
a , Z
-)
NANCYEM, May
City; Redding
, _ j_ 1
ATTEST:/'/;//�� L� �
r,. r i`- .Jif .-.Z
;..ETHEL A. NiCHOLS, City Clerk
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FORM, PPPR�OVVED-:
RAN ALL A.; HAYS, ity Attorney
B00K2665PACE440
411
•
EXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is located on the east side of the northern end of
Goodwater Road. This square shaped lot is nearly level and
spotted with trees and brush. According to F. I.R.M. maps the
lot is in the 100 year flood zone but it did not appear at all
wet. A public service easement (PSE) of approximately 1, 099
square feet, and a temporary construction easement (TCE) of
approximately 233 square feet are required from the northwest
corner of this parcel. See maps, drawings and legal
descriptions attached.
BOOK2665PAGE4 1.
•
• EXHIBIT "B" •
: �'.�Y 0 - 200 400
tea.? :
f '" APPROX SCALE
w .12 r . 200' 0 0
IA
N N N W c.oR.5ec 15
T31 K, R.4 1.1.
NA+L iN IZ"x 12•'
GOwcRF.TE FbST
4'TA.LL PSR
13 PM. 123
9 do
7w.v'
NePto 543'12°E SECTION-110
5ECTIO►.I IS Ir
1(0 i5 s5e�49 '4I31"w
5
1400-os'54. 4
28.55' z�pp
&kVI GIG I I
EOSEF-151.11' I i
TEMPogAARY
EASEMENT
-`JI I I
33' NOL IJ
AP 54-050-a,
e
_L_
1U l I
1U I I
Q
OC I '-_
Ill
3
0
9 I I
-v9 I I
I I
I I
I I
I I
20' PU SLIG SERVICE 3 N
EA6EMEUT AND 2 4
TEMPO RAit ' 0 - 9
COEJ5TRUGT1OUJ EASEMEUT .'
FROM N 8 N
JAMES D. HoLt7aJ 2
To - FREEMAN WAY
CITY OF REDDI NG
OIATE PsE . .\
800K2665PAGE442
410 110
EXHIBIT "C" A.P. # 054-050-26
(Easements to be Acquired)
A 20 foot wide Permanent Easement containing approximately 1099
square feet, across a parcel of land situate in the northwest one-
quarter of Section 15, Township 31 North, Range 4 West, M.D.B. &
M. , County of Shasta, State of California, said easement lying 10
feet on each side of the following described centerline:
Commencing at the northwest corner of said Section 15, as said
corner is shown on the parcel map recorded November 3, 1977 in
Book 13 of Parcel Maps at Page 123, Shasta County Records;
thence, on and along the north line of said northwest one-
quarter, North 89 °58 ' 12" East, 79.97 feet to the Point of
Beginning of said centerline; thence, from said Point of
Beginning, leaving said north line, South 58 °41 ' 31" West,
54 .96 feet to a point on the easterly line of Goodwater Avenue
and the Point of Terminus of said centerline, said Point of
Terminus bears North 89°58 ' 12" East, on and along said north
line of the northwest one-quarter; thence, South 00°08 ' 54"
East, 28. 53 feet on and along said easterly line of Good water
Avenue from said northwest corner of Section 15, the sidelines
of said Permanent Easement being extended or shortened to
begin on said north line of the northwest one-quarter, and
terminate on the easterly line of Goodwater Avenue.
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, containing approximately
233 square feet, lying northwesterly of the above described
Permanent Easement, southerly of the north line of said
Section 15, and easterly of the easterly line of Goodwater
Avenue.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of Redding.
BOOK2665PAGE443
• •
/ Nljof Redding4111,
„'IF Doer
September 21, 1990
James D. Holden
4929 Huntington Drive
Redding, CA 96002
Re: Portions of property (a square shaped parcel of approximately
4 . 00 acres) , generally located on the east at the northern end
of Goodwater Road, in the unincorporated area of Shasta
County, APN 054-050-26, as follows:
(a) 20 foot wide permanent public service easement (1, 099±
sq. ft. ) easterly of Goodwater Road, and
(b) 30 foot wide temporary construction easement (233± sq.
ft. ) adjacent to and northerly of the public service
easement. This temporary construction easement shall
terminate upon recordation of a "Notice of Completion" by
the City of Redding.
Dear Mr. Holden:
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 $190. 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.
760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225-400�665PAGE 4
Page Two
Mr. Holden
The just compensation of 5190. 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
October 8 , 1990 ,
(Date)
We look forward to hearing from you in the near future.
Very truly yours,
P 478 878 157 > ,E & ir d
RECEIPT FOR CERTIFIED MAIL DALL A. HAYS
NO INSURANCE COVERAGE PROVIDED City Attorney
NOT FOR INTERNATIONAL MAIL
(See Reverse)
ISent to
TAMRS.. n.._. u("Ir.nF.1‘T
®
SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additional fees the following services are available. Consult postmaster for fees
and check boxles) for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
JAMES D. HOLDEN P 478 878 157
4929 HUNTINGTON DRIVE Type of Service:
Ii
❑ Registered ❑ Insured DDING, CA 96002
® Certified ❑ COD
Cl Express Mail ❑ Return Receipt
for Merchandise
•
Always obtain signature of addressee
or agent and DATE DELIVERED.
I
5. Signature — Addressee 8. Addressee's Address (ONLY if
X :'requested and fee paid)
6. S'•• �— Agent
X �, •
7. Date F' DOI very ••
PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT BOOK2665 PAGE 445
EXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is located on the east side of the northern end of
Goodwater Road. This square shaped lot is nearly level and
spotted with trees and brush. According to F. I.R.M. maps the
lot is in the 100 year flood zone but it did not appear at all
wet. A public service easement (PSE) of approximately 1,099
square feet, and a temporary construction easement (TCE) of
approximately 233 square feet are required from the northwest
corner of this parcel. See maps, drawings and legal
descriptions attached.
800k2665PAGE446
0
EXHIBIT •
•
;. 0 I 200 400
' APPROX SCALE 2
'_�•,: i'; r . 200' 0
`n u..i coot Ser l5
N14, R4W
WAAL 114 a.x12,"
l;►M. l'Z3
9 baa II'
4141 "+8a`se'`z'G 55c7ioNJ to
SELTIo' rS �-
,. '
16, 5 ss9-a��siw '•
54.96'
Woo-ob.54'k
29.55'
T'EHPoeyRY I 1
E SE Me-srT ' I I
--/ 159' 1-40I.
AP54-1,5o-Z,
li
IC
Q
3
.
W' PU 6LJG SERVICE 3 3 N
EASEMEPJT AND1 n
TEMPORARY 0 8 4-
COIJ5TRUCT104.1 EASEMEWT a
FROM N 6 0
2
JAMES D NoLPEN
m FREEMAN WAY
CITY OF REDOING
CAATE PSE ''\
A 1 j -
B00K2665PAGE 44
• •
EXHIBIT "C" A.P. # 054-050-26
(Easements to be Acquired)
A 20 foot .wide Permanent Easement containing approximately 1099
square feet, across a parcel of land situate in the northwest one-
quarter of Section 15, Township 31 North, Range 4 West, M. D. B. &
M. , County of Shasta, State of California, said easement lying 10
feet on each side of the following described centerline:
Commencing at the northwest corner of said Section 15, as said
corner is shown on the parcel map recorded November 3, 1977 in
Book 13 of Parcel Maps at Page 123, Shasta County Records;
thence, on and along the north line of said northwest one-
quarter, North 89°58 ' 12" East, 79 . 97 feet to the Point of
Beginning of said centerline; thence, from said Point of
Beginning, leaving said north line, South 58°41 ' 31" West,
54 . 96 feet to a point on the easterly line of Goodwater Avenue
and the Point of Terminus of said centerline, said Point of
Terminus bears North 89° 58 ' 12" East, on and along said north
line of the northwest one-quarter; thence, South 00° 08 ' 54"
East, 28. 53 feet on and along said easterly line of Good water
Avenue from said northwest corner of Section 15, the sidelines
of said Permanent Easement being extended or shortened to
begin on said north line of the northwest one-quarter, and
terminate on the easterly line of Goodwater Avenue.
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, containing approximately
233 square feet, lying northwesterly of the above described
Permanent Easement, southerly of the north line of said
Section 15, and easterly of the easterly line of Goodwater
Avenue.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of Redding.
8001(26fi5PACE448
t• . • •
EXHIBIT "D"
(Whole Parcel Before Acquisition of Easements)
The land referred to is situated in the State of California, County
of Shasta, and is described as follows:
City of (Unincorporated area)
All that portion of the northwest quarter of Section 15, Township
31 North, Range 4 West, M. D. B. & M. according
to the official plat
thereof, described as follows:
COMMENCING at the northwest corner of said Section 15; thence
along the north line of said Section 15' ' East,89 ,
�47 , 33 . 00
feet to the Point of Beginning of this parcel ; thence, continuing
along the north line of said Section 15, North °
8947 ' East 396. 00
feet to the northwest corner of the Parcel described in the deed to
Donald E. Linton, recorded in the Office of the County Recorder
June 10, 1965, in Book 839 of Official Records at Page 292 '
County Records; thence, south along the west line f Shasta
said Linton
Parcel , 440 feet to the northeast corner of the land described in
deed to William C. Williams, et ux. , recorded August 18, 1967, in
Book 926 Official Records,
page 280, Shasta County Records; thence,
South 89 '47 ' West 396. 00 feet; thence, north 440 feet to the Point
of Beginning.
APN# 054-050-26
5 05 B00K2665PACE449