HomeMy WebLinkAboutReso. 1990-494 - Acquire a 20' permanent public service easement and 30' temporary construction easement for public improvements for Clover Creek Sewer Assessment District 1987-2 Parcel 056-350-38Her Kanoy Hays-ulty Attorney
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RESOLUTION No. 90-494
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.
056-350-38 (MARY LOUISE PRIGMORE, 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 Mary Louise Prig -more;
Assessor's Parcel No. 056-350-38.
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
a„hiarr Proiect has been planned and is to be located in the
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manner that will be most compatible, with the greatest public
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
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. 056-350-38, 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 Citv 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 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
3irected 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
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
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
N CY FFUM, yor
City, f Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM,APPROVED:
RA�DALL A. HAYS, City Attorney
EXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is shaped like a square with the southeastern
corner removed. The parcel fronts on both Airport and Churr
Creek Roads, is covered with scrub oak trees, manzanita brust
and poison oak and is near level. A public service easement
(PSE) of approximately 4,503 square feet, and a temporarl
construction easement (TCE) of approximately 12,045 squad
feet are required from the southwest corner of this parcel
adjacent to the north -south boundary. See maps, drawings ani
legal descriptions attached.
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A 20 foot vide
square feet, acro
30 North, Range
California, said
radially and at
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L A
E)QiIBIT "C"
(Easements to be Acquired)
A.P. 1056-350-31
Permanent Easement containing approximately 450.
ss a parcel of land situate in Section 3, Township
4 West, M. D.M. , County of Shasta, the State o:
easement lying 10 feet on each side of (measure<
right angles) the following described centerline
Commencing at a point on the northerly right-of-way line o:
Churn Creek Road, said point being the southeast corner o.
Tucker Oaks East, Tract 1544, as recorded February 11, 1981
in Book 16 of Maps at Page 87, Shasta County Records; thence
on and along said northerly right-of-way line, South 76'52'09'
East, (South 76'48147" East per 16 Maps 87) 18.89 feet, to thi
Point of Beginning of said centerline; thence, from said Poin,
of Beginning, leaving said northerly right-of-way line, Nort)
02'39'46" West, 97.08 feet; thence, along a 700 foot radius
curve to the left, tangent to the last described line, concave
to the west, through a central angle of 5'54133", a distance
of 72.19 feet; thence, North 08'34119" West, 55.89 feet, to
point on the easterly line of said Tucker Oaks East, sai<
point being on the westerly line of lands conveyed to Richar<
G. Prigmore and Mary L. Prigmore, described in the Dee(
recorded in Book 1749 of Official Records at Page 560, Shast;
County Records, and the Point of Terminus of said centerline
said Point of Terminus bears North 00'23136" West, (Hort)
00'20'55" West per 16 Maps 87) 219.77 feet, on and along sai<
easterly line of Tucker Oaks East, from the southeast corner
thereof. The sidelines of said Permanent Easement bein<
shortened or extended to begin on said northerly right-of-wa,
line of Churn Creek Road, and terminate on said easterly line
of Tucker Oaks East.
Together with:
A Temporary Construction Easement with the right and privilege t<
enter upon and use for the placing or piling thereon of earth.
materials, and machinery, and for other purposes useful of
necessary in connection with the construction of the sanitary sewer
pipeline adjacent thereto;
Said Temporary Construction Easement, containing approximatel'
12,045 square feet, being 30 feet vide, lying easterly of ane
adjacent to the above described Permanent Easement, the
westerly line of said Temporary Construction Easement beinc
coincident with the easterly line of said Permanent Easement,
the sidelines of said Temporary Construction Easement bein<
shortened or extended to begin on said northerly right-of-wa,.
line of Churn Creek Road and terminate on said easterly line
of Tucker Oaks East.
Said Temporary Corestruction Easement shall terminate upon the
ror nrA"tinn of a "Nntirn of rmmniatinn" by tho city of RaAdina_
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City of Redding
August 10, 1990
Mary Louise Prigmore
2650 Waverly Court
Chico, CA 75962
Re: Acquisition of a 20' Permanent Public Service Easement and a
30' Temporary Construction Easement Generally Located
on the Southwest Corner of Airport Road and Churn Creek Road
in the City of Redding, Assessor's Parcel No. 056-350-38,
for Installation of Sewer Trunk Lines for Clover Creek Sewer
Assessment District No. 1987-2.
Dear Ms. Prigmore:
Enclosed is a copy of a letter from Ryan 6 Associates dated
August 6, 1990, advising that the value of the above-mentioned
easements has been re -calculated to $1,400.00. Therefore, our
offer to you for the easements now stands at $1,400.00.
If you would be willing to accept this new offer, please
return the signed Acceptance (writing in the amount of $1,400.00)
to this office by Friday, August 17, 1990.
rah/ad
Enclosure
c: ��ity Clerk
Public Works
very truly yours,
RANDALL A. HAYS
City Attorney
EXHIBIT, D
- RYAN & ASSOCIATES •
real 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 Creel
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 temporar,
construction easements for ten properties requires re -calculation. The calculation used it
the six files in question reads as follows:
Just Compensation = Value Per Required Unit x Rate of Return x Period
Tire value per required unit was originally calculated by multiplying the value per square foo'
of the speci5c property by 25 percent or 50 percent to arrive at the value of encumberec
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 easement!
transfers all rights of use for the specified period. The just compensation is then based or
the fee simple value of the speti5c property. Recalculating the jW compensation without
the 75 percent or 50 percent reduction results in a greater amount of Just Compensatior
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
Dart of the original reports by reference.
Mr. Robert Hobbs
August 6, 1990
Page 2
ApM
CWE[
FILE 00.
OI GI MAL
LST
COOEMSAT7O1
COLUCTED LST
OOwEvsAnow
OIFFE9ENCE
0516-170-02
Jurin
900193
917 100
319 200
%21100
OS16-070-11
Ebbe
900185
S11850
$2,200
$350
054-05026
Nolden
900191
5180
5190
910
O54-310-03
Tyler
900212
516,850
SS,600
5750
056-350.38
pri r
900202
5750
31 400
5650
056-310.10
Voodrua
900215
52,400
53,650
$1,250
056-490-16
Vi tson/Miaan
900214
S1,S00
32,600
51,100
054-300-17
Shasta -Butte
900205
52,500
53,600
$1,300
054-320.016
cote
900183
55,000
$5,900
5900
056 -010 -ti
It,
900185
91,900
52,200
$300
If you have any questions or desire further information, please contact us at your earliest
convenience.
Very truly yours,
;fjr.0
Jeffery L Shilling
Associate Appraiser
JI.S/CWR/sf
Charles W. Ryan, MAI
EXHIBIT "D"
(Whole Parcel before Acquisition of Easements)
The land referred to is situated in the County of Shasta,
unincorporated area, State of California, and is described as
follows:
A portion of the east one-half of Section 3, Township 30 North,
Range 4 West, M.D.X., being also a portion of the lands described
in the Deed to Roscoe H. Tucker, at ux., recorded in the office of
the County Recorder on April 29, 1960 in Book 633 of official
Records at Page 391, Shasta County Records, said portion being more
particularly described as follows:
BEGINNING at the point of the intersection of the northerly right
of way line of Churn Creek Road, as conveyed to the County of
Shasta by Deed recorded in the office of the County Recorder or
March 29, 1949 in Book 307 of Official Records at Page 422, Shasta
County Records with the westerly line of the lands conveyed tc
Laster M. Anderson, at ux., by Deed recorded on March 20, 1952 it
Book 365 of Official Records at Page 435; thence, from said Point
of Beginning along the westerly and northerly boundary, and the
easterly prolongation of the northerly boundary line of said lends
conveyed to Anderson, North 0'17'58" West, 154.46 feet and thence,
North 89'42'02' East, to the intersection thereof with the east
line of Section 3, Township 30 North, Range 4 West, M.D.M.; thence,
North 0'17158" West, on and along said east line to the
intersection thereof with the south line of the lands conveyed tc
James P. Day, at ux., by Deed recorded on May 14, 1951 in Book 34:
of official Records at page 358, Shasta county Records; thence,
along said south line, South 89'42102' West, 660 feet to the east
line of the lands conveyed to Dewey M. Davis, at al., by Dee<
recorded on June 29, 1972 in Book 1123 of official Records at Pago
302, Shasta County Records; thence, along said east line Soutt
0'17'58" East to the intersection thereof with the northerly right
of way line of Churn Creek Road first above mentioned; thence,
along said northerly right of way line, South 76'48'30" East, ti
the Point of Beginning.
EXCEPTING THEREFROM so such, if any, that say lie within the land!
conveyed to -the County of Shasta by Deed recorded on November 16
1972 in Book 1145 of Official Records at Page 141, Shasta Count,
Records.
APNI 056-350-38