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Home My WebLink AboutReso No. 1990-548 - Clover Sewer Assessment District No. 1987-2, APN 056-570-010 John J Flynn i, _- v 490'72 ' RETURN TO r pEccc��p RDW AT Rt!UfTT Of C1-r OF REDDING OF Rfl fl N _ _ 760 Parkview Ave. AT S.11114. PAST Redding • CA• 96001 OFR=WOWS SHASTA COWL CMP ' /�/ NOV 131990 RESOLUTION NO. 9S1d0" 41/4"1Afrian FEE ASIOSOIMLCOSD9t RI 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. 056-570-10 (JOHN J. FLYNN AND ELOUISE FLYNN, 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 J. Flynn and Elouise Flynn; Assessor' s Parcel No. 056-570-10 . Section 2. Government Code Section 37-350 .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 I I 0 trk BOOK28V1PACE4461 ,L _ / / 0lo O& 3 (J 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. 056-570-10 , 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. B00K26faflUi 5 -2- 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 introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of November, 1990 , and was duly adopted at said meeting by a four-fifths vote as follows: AYES: COUNCIL MEMBERS: Arness, Dahl , Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Fulton ABSTAIN: COUNCIL MEMBERS: None c z ANC UFFUMet Cit of Redding ETHEIY<ilN.; NICHQLS, . City Clerk FO EPROVED: FO A. HAYS, City Attorney BOO o ' I" �!i! -3- U EXHIBIT "A" General Description (Easements to be Acquired) This parcel is a rectangular shaped, level, oak tree studded lot located in the Tucker Oaks East Subdivision. The lot is identified as Lot No. 25. A 20 foot wide public service easement (PSE) , of approximately 2400 square feet, adjacent to the easterly boundary and 30 foot temporary construction easement (TCE) , of approximately 3600 square feet, adjacent to the PSE are required from this parcel. A road and utility easement presently encumbers the easterly 60 feet of the parcel. See drawing and legal description attached. eo0K2661Pac1447 . , , 1/4/ EXHIBIT "B" c). • la yea*. ecsc.saw Q E00 APPROX SCALE S. r . 200' /7. . !VW.60.owoe UTILITY Alls PER.1179aR.SfeL -.- ii 1 LOT 25 it FLYII/J ----%\ i A750-970-10 r ---Tee-"k" +. COR. < O dP / I �vetwori PS et FWD MCC 14249 -- I 20' PUBLIC SERVICE 20' EU6C.IC. SERYCE EASEM'T4.1 . EASEMENT AND 3C)TEMR7P-AR-rcetriTR. EASEM'T -« I. - ...__ SO TEMPORARY COIJ5TRUCTIOU EASEMENT g FROM 1 ,.,<\ • JODU J. I EWUISE FLYUU To BOON2�1nth ` ,' w CITY OF BEDDING 1 f I DATE obE v U EXHIBIT "C" A.P. #056-570-10 (Easements to be Acquired) A 20 foot wide permanent easement containing approximately 2400. 00 square feet, across a parcel of land situate in the State of California, County of Shasta, and described as follows: The east 20 feet of Lot 25 of Tucker Oaks East, Tract 1544, (measured at right angles to the east line of said Lot) , as recorded February 11, 1981, in Book 16 of Maps at Page 87, Shasta County Records. 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 3600. 00 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 25 of Tucker Oaks East, Tract 1544, (measured at right angles to the east line of said lot) , as recorded February 11, 1981 in Book 16 of Maps at Page 87, Shasta County Records. The easterly line of said temporary construction easement being coincident with the westerly line of the above described 20 foot wide Permanent Easement. Said Temporary Construction Easement shall terminate upon recordation of a "Notice of Completion" by the City of Redding. BOOK2661PAGE449 ��.�, EXHIBIT. "D" . 1:1 ilati 2 '• 11Z1' City of Redding �I, 1 it mi-tai July 26, 1990 John J. & Elouise Flynn P.O. Box 1285 Willow Creek, CA 95573 Re: Portions of Lot 25 of Tucker Oaks East Subdivision (a rectangular shaped parcel of approximately 0. 66 gross acres) generally located adjacent to and easterly of Eastmont Drive, in the unincorporated area of Shasta County, APN# 056-570-10 as follows: (a) 20 foot wide permanent public service easement (2400± sq. ft. ) adjacent to the easterly boundary, and (b) 30 foot wide temporary construction easement (3600± 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. Dear Mr. and Mrs. Flynn: 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 $ 350. 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. B001(2661PAGE450 760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225-4000 ' U. Page Two Mr. and Mrs. Flynn The just compensation of S 350. 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 thee - 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 August 10, 1990 (Date) We look forward to hearing from you in the near future. Very truly yours, ALL A. HAYS City Attorney RAH:sjc enclosures BOOK2661PAC(451 a 1 Y !E O 1g EXHIBIT "A° General Description (Easements to be Acquired) This parcel is a rectangular shaped, level, oak tree studded lot located in the Tucker Oaks East Subdivision. The lot is identified as Lot No. 25. A 20 foot wide public service easement (PSE) , of approximately 2400 square feet, adjacent to the easterly boundary and 30 foot temporary construction easement (TCE) , of approximately 3600 square feet, adjacent to the PSE are required from this parcel. A road and utility easement presently encumbers the easterly 60 feet of the parcel. See drawing and legal description attached. 800K2661PAGE452 r f \ EXHIBIT T.B" a neat E00 IL APPROX SCALE r . E00 • I A N Z MM.SO'"V Penn 1WDeasels ya Pt w2 at. of VeRrc7Salc.De2 r- It• i LOT 25 I 1 FLYIJIJI t AP'54-0 0-i0 4,u �P / 1 / riet�n�vwsebcvaeaMev, , 20' DU But SERVICE 1.1 i LOT con. 20' rustic. SERvcb EASEM T , EASEMENT AND 80.TEMR7RAR`-COUEASEM'T —� {. - 3O'T1cMPoRARY COIJSTRUCTION EA5EMEUT ! FROM V JOHW J. l ELOUISE Forum ni 11 � To CITY OF REDDING BOOK211I1PAGE453I DATE v5E V V EXHIBIT "C" A.P. #056-570-10 (Easements to be Acquired) A 20 foot wide permanent easement containing approximately 2400.00 square feet, across a parcel of land situate in the State of California, County of Shasta, and described as follows: The east 20 feet of Lot 25 of Tucker Oaks East, Tract 1544, (measured at right angles to the east line of said Lot) , as recorded February 11, 1981, in Book 16 of Maps at Page 87, Shasta County Records. 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 3600.00 square feet, and described as follows: The west 30 feet of the east 50 feet, of Lot 25 of Tucker Oaks East, Tract 1544, (measured at right angles to the east line of said lot) , as recorded February 11, 1981_in Book 16 of Maps at Page 87, Shasta County Records. The easterly line of said temporary construction easement being coincident with the westerly line of the above described 20 foot wide Permanent Easement. Said Temporary Construction Easement shall terminate upon recordation of a "Notice of Completion" by the, City of Redding. ' 8080012661M(454cccc 1PAGE454 . • 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) Lot 25, as shown on the Map of Tucker Oaks East Tract 1544 , filed February 11, 1981 in Book 16 of Maps at page 87, Shasta County Records. A.P.N. : 056-570-10 rr�� AA 800K2661PAGE455 49072