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HomeMy WebLinkAboutReso. 1979-172 Finding That the Public Convenience and Necessity Require the Acquisition of Fee Title to Certain Parcels of Real Property for a Public Improvement, to Wit, for the Signalization of the Hartnell-Bechelli Intersection (Miller Property, A.P. RESOLUTION NO. 74' 77i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING . FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE. ACQUISITION OF FEE TITLE TO CERTAIN PARCELS OF REAL PROPERTY FOR A PUBLIC IMPROVEMENT, TO WIT, FOR THE ' SIGNALIZATION OF THE HARTNELL-BECHELLI INTERSECTION. • (MILLER PROPERTY, A. P. 107-490'-25; PIEPER PROPERTY, A.P. #070-240-01; ROTHER PROPERTY, A. P. #070-240-03) . 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 and determines that the public convenience and necessity require the construction and maintenance by the City of a public improvement, to wit, the signalization of the Hartnell-Bechelli intersection, and Government Code Section 37350 . 5 authorizes the City to acquire fee title to certain real property for said improvement by eminent domain. Section 2 . The City Council makes the following find- ings in connection herewith: (a) The project is compatible with the Redding General Plan , (bj The project, will not significantly alter 'existing land form, .(c) The :project is compatible with surrounding land use;, and (d) The project is compatible with the Code of the City of Redding, and ratifies the Negative Declaration approved by the Board of Administrative Review on September 12 , 1979 . 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 . -1- - Section 4 . The City Council of the City of Redding finds and determines that the acquisition of fee title to parcels of real property in the County of Shasta, State of California , as described in Exhibit A, attached hereto, is necessary for the construction and maintenance of the aforesaid . public improvement and that the taking of fee title to said property is necessary therefor. 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 property:. . 2 . To incur in the name of the City of Redding and on behalf thereof, all obligations and expenses necessary to acquire the above mentioned property. Section 6 . The City Clerk of the City of Redding is directed to record a copy of this Resolution in the office of the Shasta County 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 17th day of September , 1979 , and was duly adopted at said meeting by a two-thirds vote as follows :; AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : COUNCILMEN: None ABSENT: COUNCILMEN: None AT EST: C ,kl ' 1 �. DONALDy DEMSHER • Mayor of t4the Cityof Redding MILDRED L. BRA-Y.TON,!City 'C1erk FO APPROVED: l/J/ ��SM? D. MURPHY, `Ci/AtpOrney -2- • George Miller and Louise Miller (107-490-25) A portion of Lot 3, Block 2 of Parsons Subdivision , as shown on that certain map recorded in Book 6 of Maps , at page 19 , Shasta County Records , described as follows : Commencing at Engineer ' s Station 97+81. 00 P.O.C . , as established from Shasta County Department of Public Works ' 1962 Survey of Bechelli Lane, being the point of inter- section with the centerline of Hartnell Avenue ; thence along said centerline of Hartnell, N. 89 °25 ' 20" E. , 62 . 08 feet; thence N. 00°34 ' 40' W. , 30 . 00 feet to a point on the southerly line of said Lot 3, being the true point of beginning; thence, along said southerly line , N. 89° 25 ' 20" E. , 139. 17 feet to the southeast corner of said Lot' 3; thence along the easterly line of said Lot 3, N. 0°34 ' 40" W. , 12. 00 feet; thence parallel with said southerly line of Lot 3 , S. 89 °25 ' 20" W. , 129 . 08 feet; thence along a curve to the right, having a radius of 30 . 00 feet, through a central angle of 90°16 ' 34 " , for a distance of 47. 27 feet to a point on the easterly right of way line of Bechelli Lane, as described in that certain deed recorded in Book 772 of Official Records , page 478 , Shasta County Records; thence, from a tangent which bears S. 0°18 ' 06" E. , along a curve to the left having a radius of 14 , 950 feet, through a central angle of 0°05 ' 04" , for a distance of 22 . 06 feet; thence from a tangent which bears S. 0°23 ' 10" E. , along a curve to the left having a radius of 20. 00 feet, through a central angle of 90°11 ' 30" , for a distance of 31. 48 feet more or less to the point of beginning. Containing 2019 square feet more or less. Exhibit A-1 • • Arthur H. Pieper and Geneva M. Pieper (070-240-01) A portion of that certain parcel described in Book 296 of Official Records , at page 313, Shasta County Records, described as follows : Commencing at Engineer' s Station 97+21. 35 P.O.C. , as established from Shasta County Department of Public Works ' 1962 Survey of Bechelli Lane; thence, on a radial line, S. 88°55 ' 06" W. , 42 . 00 feet to a point on the westerly right of way line of Bechelli Lane, as described in Book 779 of Official Records , at page 81, Shasta County. Records, being the true point of beginning; thence from a tangent which bears N. 1°04 ' 54 " W. , along a curve to the right having a radius of 15 , 042 feet, through a central angle of 0°06 ' 46" , a distance of 29. 62 feet to a point on the north line of said parcel recorded in Book 296 of Official Records , at page 313 ; thence along said north line, S. 89° 40 ' 00" W. , 29. 80 feet; thence from a tangent which bears N. 89°40 ' 00" E. along a curve to the right having a radius of 30. 00 feet, through a central angle of 89 °15 ' 07" , a distance of 46 . 73 feet more or less to the point of begin- ning. Containing 189 square feet more or less. • Exhibit A-2 • Henry Rother and Irene Rother (070-240-03) All that portion of the northwest 1/4 of Section 7, T. 31 N. , R. 4 W. , M.D.M. , bounded as follows: on the north by the north line of said Section 7 ; on the south by a line parallel with and 30. 00 feet southerly of said north line; on the east by the north-south mid-section line of Section 7 ; and on the west by a line parallel with and 42. 00 feet westerly of the following described line: Beginning at Engineer ' s Station 96+65 . 74 B.C. , as estab- lished from the Shasta County Department of Public Works ' centerline of Bechelli Lane; thence from a tangent which bears N. 01°01 ' 04 " W. along a curve to the right having a radius of 15 , 000 feet, through a central angle of 1°05 ' • 16" for a distance of 284 . 78 feet. Excepting therefrom all that certain parcel as described in Book 296 of Official Records , at page 313 , Shasta County Records. • Exhibit A-3 . . . Eugene H. Rother and Donna Rother (070-240-03) A portion of that certain parcel described in Book 1075 of Official Records , at page 538 , Shasta County Records, described as follows : Commencing at the north 1/4 corner of Section 7 , T. 31 N. , R. 4 W. , M. D.M. ; thence along the north line of said Section 7 , S. 89 °40 ' 00" W. , 43. 55 feet to the true point of beginning; thence continuing along said north line, S. 89°40 ' 00" W. , 211. 45 feet; thence, leaving said north line, S. 0 °20 ' 00" E. , 30. 00 feet; thence N. 89°40 ' 00" E. , and parallel with said north line , 211. 83 feet; thence along a curve to the right having a radius of 15 ,042 feet, through a central angle of 0°06 ' S1" , a distance of 30. 00 feet more or less to the point of beginning. Containing 6350 square feet more or less . Exhibit A-4