HomeMy WebLinkAboutReso. 1980 - 221 - Finding that the public convenience and necessity require the acquisition of certain easements for a public improvement'' •
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. RESOLUTION NO. '80-221
• A RESOLUTION OF THE CITY COUNCIL 'OF THE CITY OF REDDING
FINDING 'THAT THE PUBLIC CONVENIENCE•..AND NECESSITY REQUIRE •
THE ACQUISITION OF CERTAIN EASEMENTS FOR A PUBLIC IMPROVE-
• MENT, TO WIT, FOR THE CONSTRUCTION AND MAINTENANCE OF THE
CASCADE 'SEWER PROJECT. (Sierra Pacific Industries, ' suc- .
censor,:to; Humboldt .Flakeboard, A,P. .. 49-160-17 ; and Ludwig,
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A.P. 449-150-26 and #49-150"-27) .
BE IT RESOLVED by the City ,Council of the City of Redding
as follows: •
Section 1. The City Council of the City of Redding finds
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and determines -that the public convenience and necessity require
- the construction and maintenance by the City of., Redding of• a public
improvement, to wit, the Cascade Sewer Project, and Government Code
. Section. 37350.5 authorizes theCity 'to• acquire 'the necessary ease-.
-merits for said public improvement by -eminent domain. •
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Section 2 . The City Council has reviewed and considered •
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the final EIR on this project;,: and finds.:tha,t changes or altera--
tions have been required in or incorporated into such project which
mitigate or avoid the significant environment effects thereof as
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• • identified in the final EIR. •
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Section 3 . The 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 . The City Council of the City of Redding finds -.
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and determines that the acquisition of easements over parcels of re-al' '
Property in the• County of Shasta, State of California, as described
in Exhibits A and B, ' attached hereto, is necessary for the construc
tion and maintenance of the aforesaid public improvement and that 'the
_fix:
. taking of easements' over said parcels of real propertyis necessary ea
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therefor. '
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Section 5 . The City Attorney of the City of Redding is
hereby authorized, empowered and directed to:
1. Commence-,an action or . actions ;in eminent domain in •
the Superior Court of:: the State of California, in and for the
County of Shasta,.. in: the name: of: the City of Redding, to acquire
the necessary easements. •
2 . To incur in the name of• the .City::of Redding, and on
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behalf thereof, all obligations and expenses necessary to acquire
the above mentioned' easements. •
• Section 6. The City Clerk is hereby directed to cause
a certified copy of. this Resolution to be recorded in the_ office
of the Shasta County Recorder. •
• I HEREBY CERTIFY that the foregoing Resolution was intro-
duced -and
ntro-duced.-and read at a regular meeting of the City Council of the:-City.
of Redding on the 15th day: of September , 1980 , and was duly .adopted
• at . said.,meeting by a two-thirds vote as follows :
AYES: COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick, and..Pugh.
• NOES : COUNCILMEN: None
ABSENT: COUNCILMEN: None
A ' ST.
�jARCH92F °'l
Mayr 'the City of Redding
• ILDRED L. RA• •N City Clerk .•�`
FORM AP- ROVED:
- • RANDALL A.,. HAYS , Czty`Attorney
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Sierra Pacific Industries, successor in
interest to Humboldt Flakeboard
49-160-17
Real property situate in the City of Redding, County
of Shasta, State of California, described as follows :
A 15. 00 foot wide sewer easement lying 7 . 50 feet on
each side of the following described centerline and
being a portion of Parcel 2 as described in Volume 1190
of Official Records at page 146 , Shasta County Records,
commencing at the southwest corner of Lot 13 of Heller
Tract as shown on that certain Map recorded in Book 29
of Land Surveys at page 16 , Shasta County Records; thence
N. 7°45 ' W. on and along the westerly boundary of Lots 12
and 13, 806 . 46 feet, more or less, to a point on the
easterly right of way line of Branstetter Lane; thence
from a tangent which bears N. 47°30 ' 31" E. along a curve
to the left having a radius of 480. 00 feet through a
central angle of 0°18 ' 22" for a distance of 2 . 56 feet to
the true point of beginning; thence leaving said easterly
right of way line, S. 61°46 ' 03" E. , 46 . 85 feet; thence N.
66°38 ' 57" E. , 381. 06 feet, more or less, to a point on
the easterly line of said Parcel 2 .
The sidelines of this easement to be lengthened or
shortened to meet intersecting property lines.
EXHIBIT A
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Reinhold Henry Ludwig and Alice Marie Ludwig
49-150-26 and 49-150-27
Real property situate in the City of Redding, County
of Shasta, State of California, described as follows:
A 15. 00 foot wide sewer easement, being the southerly
• 15. 00 feet of that certain parcel described in Volume
293 of Official Records at page 226, Shasta County
Records.
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EXHIBIT B