HomeMy WebLinkAboutReso. 1990-495 - Acquire a 20' permanent public service easement and 30' temporary construction easement for public improvements for Clover Creek Sewer Assessment District 1987-2 Parcel No 110-200-08 � 4���Z �P�TM pFEREDDIHI�UES1 OF
. .. i �,1 A7�MIN. PAST�L�M
-•• � r^ � OFfi(IAl RECOADS SXASTA COUNiY, (ALIF.
�'��� ` r�ov s 1990
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RESOLUTION NO. 90-495 ����� ��
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A RESOLOTZON OF THE CZTY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUZRE 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 DZSTRICT NO. 1987-2 ; ASSESSOR' S PARCEL N0.
110-200-OS (DOUGLAS FRASER AND RFaMONA FRASER, 1/3 INTEREST;
BRUCE FRASER AND LOUISE FRAZER, 1/3 INTEREST; AND MARGOT
FRASER DEHOFF, 1/3 INTEREST - OWNERS) .
IT ZS 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 Douglas Fraser and Ramona
Fraser as to an undivided 1/3 interest; Bruce Fraser and Louise
Fraser as to an undivided 1/ 3 interest; and Margot Fraser DeHoff
as to an undivided 1 /3 interest; Assessor ' s Parcel No.
110-200-06 .
Section 2 . Government Code Section 37350 . 5 authorizes the
City to acquire the necessary real property interests for said
public improvements by eminent domain.
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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.
Section 4 . City Council has ratified the Negative
Declaration prepared in connection herewith, findinq 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. 110-200-08 , 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 .
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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
3irected to cause a certified copy of this Resolution to be
recorded in the office of the Shasta County Assessor/Recorder.
Z 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 _ COUNCZL MEMBERS : Arness, Dahl , Fulton, Moss & Buffum
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMSERS : None
ABSTAZN : COLTNCIL MEMBERS : None
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NANCY FFUM„ yor
City f Redding
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ET9EL. 'A. � N�ZCHOLS ,i6ity Clerk
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FORM PPROVED:
DALL A. HAYS , City Attorney
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EXHIBIT "A"
General Description
(Easements to be Acquired)
This parcel is irreqular in shape, gently undulatinq in
topography and studded with oak trees and areas of thick
manzanita brush. Required from this parcel is a 20 foot wide
public service easement (PSE) of approximately 28 , 569 square
feet, and a 30 foot wide temporary construction easement (TCE)
of approximately 44 , 338 square feet lyinq westerly and
adjacent to the PSE. See maps, dravings and leqal
3escriptions attached.
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EXHIBIT "C" A.P. � 110-200-OS
(Easements to be Acquired)
A 20 foot wide permanent easement, containinq approximately 28, 569
square feet, across a parcel of land situate in the northwest one-
quarter of Section 10, Township 31 North, Range d West, M. D. B. 6
M. , City of Redding, County of Shasta, State of California, lying
10 feet on each side (measured at right angles) of the followinq
described centerline;
Commencing at the southwest corner of Parcel 2 as shown on
Parcel Map No. 778-78, as recorded October 4 , 1979 , in Book 19
of Parcel Maps at Page 65, Shasta County Records, said corner
being on the east line of said northvest one-quarter; thence,
northerly , on and alonq said east line, North 00'04 ' S6" East
(North 00'05 ' 13^ East per 19 PM 65) , 87 . 47 feet to the Point
of Beginning of said centerline; thence, from said Point of
Beqinninq, leaving said east line North 36' 35 ' 42" West, 16 . 74
feet to a point 10 feet westerly (measured at right angles) of
said east line; thence, parallel vith and 10 feet westerly of
said east line, North 00'04 ' S6" East, 1411 . 74 feet, to a point
on the southerly riqht-of-way line of Hartnell Avenue and the
Point of Terminus of said centerline. Said Point of Terminus
bears North 00' 04 ' S6" East, 2 . 37 feet; thence, North 57 ' 28 ' 20"
west, 11.85 feet, on and along said southerly right-of-way
line from the northwest corner of Parcel 1 as shovn on said
Parcel Map recorded in Book 19 of Parcel Maps at Page 65. The
sidelines of said permanent easement being extended or
shortened to begin on said east 1 ine of the northwest one-
quarter and to terminate on said southerly right-of-vay line
of Hartnell Avenue.
Together vith:
A temporary conatruction easement with the riqht and privileqe to
enter upon and use for the placinq or pilinq 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
44, 338 square feet, beinq 30 feet vide, lying vesterly of and
adjacent to the above described permanent easement, the
easterly line of said temporary constructfon easement being
coincident vith the vesterly line of said peraanent easement,
the sidelines of said temporary construction easement being
extended or shortened to begin on the east line of said
northwest one-quarter and to terminate on the southerly right-
of-way line of Hartnell Avenue.
Said Temporary Construction Easement shall terminate upon
recordation of a "Notice of Completion" by the City of
Reddinq.
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EXHIBIT "C" A. P. / 110-200-OE
(Easements to be ]lcquired)
71 20 foot vide permanent easement, containinq approximately 28, 565
square feet, across a parcel of land situate in the northvest one-
qt:arter of Section 10, Township 71 North, Ranqe 4 West, M. D. B. 1
1�. , City of Redding, County of Shasta , State of California, lyinc
lo feet on each side (measured at right anqles) o! the follovinc
described centarline ;
Commencinq at the southvest corner of Parcel 2 as shovn or
Parcel ?Sap No. 778-78 , ae recorded October 4, 1979, in Book 15
of Parcel ISaps at Paqe 65, Shasta County Records, said cornei
beinq on the east line of said northwest one-quarter; thence,
northerly ,on and alonq said east line, Forth 00'OG ' S6" East
(North 00' OS ' 13" East per �9 P?S 65) , 87.17 feet to the Point
of Beginning of said centerline; thence, from said Point o2
Beqinning, leavinq said east line North 36'35 ' 42" West, 16. 74
feet to a point 10 feet vesterly (measured at right anqles) o!
said east line ; thence, parallel with and 10 feet vesterly o!
said east line, North 00' 04 ' S6" East, 1�11.74 feet, to a point
on the southerly right-of-vay line of Hartnell Avenue and the
Point of TerminUs of said centerline. Said Point of Terainu6
bears North 00 ' 04 ' S6" East, 2 . 37 feet; thence, North 57 ' 28 ' 20"
west, 11 . 85 feet, on and alonq said southerly rigAt-ol-vay
11ne from the northvest corner of Parcel 1 as shorm on said
Parcel Map recorded in Book 19 of Parcel xaps at Paqe 65. The
sidelines of said permanent easement being extended ot
shortenod to beqin on said east line of the northwest one-
quarter and to terminate on said southerly right-of-vay line
of HaTtnell avenue .
?ogether vith:
� temporary constrvction easement vith the right and privilege to
eortcr upon and use for the placing or piling thereon of earth,
�aierials, and �achinery, and for other purposes useful or
necessary in connection vith the construction of tAe sanitary sever
pipeline adjacent thereto;
Said temporary constrvction easement, containinq approximately
44 , 338 square feet, beinq 30 feet vide, lying vesterly of and
adjacent to the above described peraanent ensement, the
easterly line of said temporary construction easement being
coincident vith the vesterly line of said permanent easement,
the sidelines of said temporary construction easement being
extended or shortened to beqin on the east line of said
northvest one-quarter and to terminate on the southerly riqht-
of-vay line of Hartnell Avenue.
Said Temporary Construction Easement sAall terminate upon
zecordation of a "Notice of Completion° by the City of
Redding.
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EXHIBIT "D"
(Whole Parcel Before acquieition of Easements)
Thc land referred to is situated in the State of California, County
of Shasta, and is described as follovs:
City of Reddinq
TDat portion of the northwest one-quarter of Section 10, Tovnship
31 ltorth, Range 4 West , M. D. B. i M. , lyinq northeasterly of the
cenLerline of the zight of vay described in the Deed to the State
of California, recorded int he office of the County Recorder Kay
13, 1943 in Book 137 of Official Records at Page 306, Shasta County
Rec+orde.
]1CCEPTING THEREFROM the folloving described parcel :
BEGINNING at the northeast corner of the right of vay conveyed to
the State of California by Deed recorded Nay 13, 1943 in Sook 137
of official Records at Paqe 306, Shasta County Records, thence,
frc� said Point of Beginninq, Easterly alonq the north line of said
Section 10, a distance of 350. 00 feet; thence, leaving said north
line and running southerly parallel vith the vest line of said
Section 10, e distance of 350. 00 feet ; thence, vesterly parallel
vith the north line of snid Section 10, a distance of 840. 00 feet
norr or less to a point on tne easterly line of the parcel conveyed
to momas G. Boothroyd, et uz. , by deed recorded September 22 , 1953
in Dook 410 of Official Records at paqe 23 , Shasta County Records;
theece, northerly along said eaat line and parallel vith the vest
linc of gaid Saction 10 , a distance of 350. 00 feet to the north
line of said Section 10 ; thence, easterly alonq said north line
a9o . 00 feet more or less to the Point of Beqinning.
ALSO EXCEPTING THERBFROM that portion described in the Pinal Order
of Condemnation (See attached) Official Records at Paqe 137, Shasta
County Records.
]1LS0 EXCEPTING THEREFROM the parcel in the Deed to William 11.
Moore, Et ux. , recorded in the office of the County Recorder Narch
3 , 1972 in Sook 1106 of Official Records at Page 332, Shasta County
Records.
7�P4�# 110-200-08
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