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HomeMy WebLinkAboutReso. 1990-493 - Acquire a 20' permanent public service easement and 30' temporary construction easement for public improvements for Clover Creek Sewer Assessment District 1987-2 Parcel 110-200-13 . Per Randy Hays-City Attorney � Do � record-have been settled RESOLUTION N0. 90-493 A RESOLOTION OF THE CITY COL�9CIL OF THE CITY OF REDDZNG FINDING THAT PUBLIC CONVENIENCE AND NECESSZTY REQUIRE THE ACQUISITION OF A 20 ' PERMANENT PUBLIC SERVICE EASEMENT AND A 30 ' TEMPORARY CONSTRUCTZON EAS�IENT FOR PUBLIC IMPROVEMENTS , NAMELY INSTALLATION OF SEWER '�RUNK LINES FOR CLOVER CREEK SEWER ASSESSMENT DISTRICT N0 . 1987-2 ; ASSESSOR' S PARCEL NO. 110-200-13 (PAYLESS CASHWAYS , LNC . , 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 convenie�ce and necessity require the extension of public improvements, namely installation of sewer trunk lines for Clover Creek Seaoer Assessment District No . 1987-2 , by the City of Redding; a�d the acquisition of a 20 ' permanent public service easement and a 30 ' temporary construction easement for said pubT_ic improvements over , under, and through the real property owned by Payless Cashways , Inc . ; Assessor ' s Parcel No. 110-200-13 . 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 fimds and determines that the svb;ect Proiect has been planned and is to be located in the • ! manner that will be most compatible , with the qreatest public good and the least private injury. Section 4 . City Council has ratified the Negative Declaration prepared in connection herewith, findinq that no significa�t 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, B and C attached hereto and incorporated herein by reference , Assessor' s Parcel No. 110-200-13 , 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 adoptinq 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 Reddinq to acquire the necessary real property interests . b. To incur in the name of the City of Redding , and or behalf thereof, all obligations and expenses necessar} 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 CERTZFY that the foregoinq Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of October, 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 ABSEh'T: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None . / -� � NANCY FFUM, H yor City f Redding ATTEST: �'� l- C!. ��l��i� ETHEL A. NICHOLS, City Clerk FORM APPROVED: � �� � RAND1lLL A. HAYS , City Attorney -3- � ` EXHIBIT "A" General Description (Easements to be Acquired) Phis parcel is irregular in shape stretching east to vest. the site is improved with a Lumberjack Home Improvement Center, including yard, parking lot and sewaqe treatment facility. A 20 foot vide public service easement (PSE) 01 approximately 2 , 268 square feet, and a 3o foot temporary �onstruction easement (TCE) of approximately 2, 952 square feet, adjacent to the PSE are required from the extreme aestern end of this parcel . See maps, dravings and legal iescriptions attached. � � EXH?BIT "B" . � � ; � ' N'/< COR SEL.Ip � ' TSIN.RIW ' ;I ' 1 , �I^ifOU nR' � �� 00� co�r awo �^J ' FCCL1lSlb �iY1� . S0'��(o'ii•E � �a�.�� APPRO% SCAIE � o �• o�i.t f . �OV � ZD' RJ�IC KRV Kb S�T�OJ G.P.bENENT 3D'T�3-5oR1+KY Cc�J 6T I1K.TCN ��J FlEENENT ' 9 i'aS. •E N 113.41 47 E � F?.Y�ESSU�IW4YS iNc. ew �10-im-iD � �♦{ O � �� �9lRhMK � � - Z � � ► r � � � • ♦ ; � � i \ � FFJ.RI.TItiY .f g�s n� a� I � n�wK�us. j� . � ur nm� `j w �>s+s�. 3 O{RMM1K a � t ve..e e..R v/ b . ? �UM.u.r rtim. p � [[aR 11�l'Y� � � m ��w ;s e.+t :�� � 20' PUBi.IG SERVIGE EASEME►tT AIJD � " 30� TFJv1FbRAR'Y COtJ5TRUGTIO/J EASEMEAtT � FRou PAYLE55 C.�.SNWAYS ItJG. i � m�E GITY OF RED�IWa o'° � � EXHIBIT "C" A. P. i 110-200-13 (Easements to be Acquired) A 20 foot wide permanent easement containing approximately 2268 square feet, across a parcel of land situate in the northeast one- quarter of Section 10, Township 31 North, Ranqe 4 West, M. D.M. , City of Redding, County of Shasta, State of California, said easement lying l0 feet on each side of the follovinq described centerline: Commencing at a point on the north-south nidsection line of said Section 10, said point being on the northerly right-of- way line of State Highvay 44 , as said right-of-vay is shovn on that certain map recorded in Sook 37 of Iand Surveys at Page 120, Shasta County Records; thence, South 59 ' ll ' S8^ East (South 59' ll ' 23" East per 37 LS 120) , 155.27 feet on and along said northerly right-of-way line to the Point of Beginninq of said centerline ; thence, from said Point of Beginninq, leavinq said northerly right-of-vay line, North 32' 19' 00" East, 113 . 41 feet to a point on the southerly right-of-way line of old 44 Drive and the north line of said northeast one-quarter, said point being the Point of Terminus of said centerline; said Point of Terninus bears South 89 '46 ' ll• East (South 89'45 ' O1" East per 37 LS 120) , 193 . 98 feet from the north one-quarter corner of said Section 10; the sidelines of said easements being extended or shortened to beqin on said northerly riqht- of-way line of State Highway 44 , and terainate on said north line of the northeast one-quarter of Section 10. Together vith: A temporary construction easement vith the riqht and privilege to enter upon and use for the placing or piling thereon of earth, aaterials, and nachinery, and for other purposes useful or necaessary in connection with the construction of t�e sanitary sever pipeline adjacent thereto; Said temporary construction easement, containing approximately 2952 square feet, being 30 feet wide, lying northvesterly of and adjacent to the above described permanent easement, the southeasterly line of said temporary constrvction easement beinq coincident vith the northvesterly line of said permanent easement. The sidelines of said temporary construction easement being extended or shortened to begin on said northerly riqht-of-way line of State Hiqhvay 44 and terminate on said north line of the northeast one-quarter of Section 10. Said Temporary Construction Easement s�all terminate upon the earlier of recordation of a "Notice of Completion" by the City of Redding or four (4) years from the date set forth in the Easement document. , � qFo � � ti -�'Z � � city of Redding . ; . � �4��FOA�, August 10 , 1990 Joy Coleman Senior Paralegal Payless Cashvays, Inc. P. O. Box d19166 Ransas City MO 63141-0466 Re: Portions of property (an irregular shaped parcel of approximately 11 . 87 acres) , in the northwest quadrant of the State Hiqhway 44 and Airport Road intezchange, in the City of Reddinq, APN 110-200-13 , as follows: (aj 20 foot vide permanent public service easement for the purpose of a sanitary sever trunk line (2 , 268t sq. ft . j crosses the property near the vestern boundary, and (b) 30 foot vide temporary construction easement (2 , 952± sq. ft. ) adjacent to and vestezly of the public service easement. This temporary construction easement ahall terminate upon the earlier of recordation of a "Notice of Completion" by the City of Redding or four (4 ) years from the date set forth in tAe easement document . Dear Ms. Coleman: This lettez constitutes an offer of just compensation fron the City of Redding to acquire the above easements from you, together vith the required summary statement of the baeis for that compensation. The permanent and temporary easements vhich the City vould consider acquiring are generally described in Exhiblt "A", are shown in Exhibit "B" , and are more particularly described in Exhibit "C" attached hereto. (The vhole of the property is described in Exhibit "D" attached hereto. ) The offer of jnst compensation for such property interests is S2 . 350. 00. The City of Reddinq offers to acquire the proposed easements, free and clear of all encumbrances vhatsoever and all conditions or reservations, except those expressly approved by the City for this property. Any escrow costs associated vith this acquisition are to be paid by the City. ��x��iT � �tn o�crvircv avFnntF QFtITIINC; �.� 96001�ii96 iEIFPHONE 916225 4000 � � Paqe T�+c Ms. Coleman The just compensation oP S2 . 350 . 04 which the City 1s oflering is the fair market value based on an appraisal of the easements prepared by Ryan i 1►ssociatas , Real Eatata 1►ppraiaers and Consultants. This sum is believed by the City to be the fair value of the easements and, consequently, the just coapensation !or eame. The City has based its determination of just co�pensation on its inspection of the property and its consideration of the above appraisal . In the opinion of the City, the juat compensation offered to you for these easements complfea vith the delinition of fair mazket value recognized by the Eminent Do�ain Courta ot the State of California and used by the City and its appraisera in makinq their determination of just compensation. If you have any questions reqarding any of the above, please feel free to contact me at 225-4050. if it is your decieion to accept the City' s offer for thie property, please sign �he encloseC Acceptance and return the same to this oflice on or before Auqust 27 1990 (Date) Ne look forvard to hearing lrom you in the near future. Very truly youra, �/� !l���� �A�, a. �Ys City attorney ttaH:s j c enclosures rx`nmiFTF.II/RR � � EXHIBIT "A" Genaral Description (Easementa to be Acquired) This parcel is irreqular in shape atretcAing east to �est, The sita ie improved with a Lumberjack Home Improvement Center, including yard, parking lot and sevaqe treatmen! facility. ]1 20 foot vide public service easement (PSE) 01 approximately 2 , 268 square feet, and a 30 foot temporary construction easement (TCE) of approximately 2 , 952 squarE feet, adjacent to the PSE are required from the extremE western end of this parcel . See maps, drawings and leqa] descriptione attached. � � � � EXXIBIT "D" .— ; : ' : i i # ' u'�. co2 5EL.�O ' � � T��N,R�N i ' � � I�l�1 I1�I ' I �KO ll♦ ,� e� . /tt n LSt� ��—�� � `rC'���i�E \ APPHOX SCAIt .. o�i.t f . �00' e y�' PVE�K eGeVKl. SdLr�w � �.4EMENT 30'T�NCRAJeY cce�n. t1YTW .�q-u FJ�6 ENFIJT ' � �'aS. E N72'�;47'� {N� � G►.YLESS r��i..yYS t�IG. �Y �10-Sc�0-�� K� O � •{R,l M 4.{ i � � . � � � � i � \ I1 �(p �,V( � � � ►�! 1S11�7'!' ' � F I , �;�� � .. ...�. �...� ,.�. .,.,,�. /tAhMK t } V= RlD4R V� . j. Ih M.UI p tr v.�ts�r.c.�s a�i�i: t i m �se.a ;,�,�,�, � QO' GU6lIG SERVIGE EASEHEUT 4UD ' 3p' TF�AWRAR'f ���TRuGT101,1 EA5EMEI�IT � PAY1.E55 GASNWAYS ItJG. � � os�e GITY OF RED�IfJG � � � EX}IIBIT "C" A. P. � 110-200-1: (Easements to be /�cquired) 1► 20 foot vide permanent easement containinq approximately 226F square feet, across a parcel ot land situate in the northeast one- quarter of Section 10, Township 71 North, Ranqe � Weat, M. D.M. , City of Redding, CoUnty of Shasta, State of California, saic ea sement lying 10 feet on each side of the folloving describec centerline: Commencinq at a point on the north-soutL ■idsection line o! said Section 10, said point being on the northetly riqht-ol- way line of State Highway 44 , as said riqLt-of-vay is shor.m or that certain map recordBd in Book 37 of Iand Surveys at Paqe 120, Shasta County Records ; thence, South 59 ' ll ' S8" East (South 59 ' ll ' 23" East pez 37 LS 120) , 155.27 feet on and along said northerly riqht-of-way line to tne Point of Beqinninq of said centerline ; thence, from said Point of Beginning, leaving said northerly right-of-vay line, North 32'19 ' 00" East, 113 . 41 feet to a point on the southerly riqht-of-vay line of Old 14 Drive and the north line of said northeaat one-quarter, said point beinq the Point of Terminus of said centarline; said Point of Terminus bears South 89 ' 16 ' ll" East (South 89 ' 45 ' O1" East per 37 LS 120) , 193 . 98 feet from tbe north one-quarter corner of said Section 10; the sidelines of said easements being extended or ehortened to begin on said northerly right- of-vay line of State Hiqhvay 44 , and ter�inete on said north line of the northeast one-quarter of Section 10. Toqether vith: A temporary construction easement vith the riqflt and privileqe to enter upon and use for the placinq or piling thereon of earth, saterials , and �achinery, and for other puzposes useful or necessary in connection viLh the conatructioa of the sanitary sever pipeline adjacent thereto; Said temporary construction easement, containinq approximately 2952 square feet, beinq 30 feet vide, lying northvesterly of and adjacent to the above described peraanent easement , the southeasterly line of said temporary construction ensement being coincident vith the northvesterly line of aaid permanent easement. The sidelines of said tesporary construction easement being extended oz shortened to begin on said northerly right-of-way line of State Bighvay �� and terminate on said north line of the northeast one-quarter of Section 10. Said Temporary Construction Easement shail terminate upon tne earlier of recordation of a •Hotice of CoaQletion" by the City of Redding or four (4) years from the date set forth in the Easement document.