HomeMy WebLinkAboutReso 82-38 - Finding that the public convenienc and necessity require the acquisition of easements as part of Hartnell Assessement District �*� �.� .. . .
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RESOLUTION NO. �1 'J.�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE ACQUISITION OF EASEMENTS OVER CERTAZN REAL PROPERTY
FOR PUBLIC IMPROVEMENT, TO WIT, FOR CONSTRUCTION AND
. MAINTENANCE OF ELECTRIC FACILITIES AS PART OF HARTNELL
ASSESSMENT DISTRICT. (ROTHER, PIEPER, AND Y7ILCOX PARCELS) .
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 of public improvements, to wit,
electric facilities, as part of the Ilartnell Avenue Assessment
District project,. and Government Code Section 37350. 5 authorizes
the City to acquire the necessary property interests for said
public improvements by eminent domain.
Section 2. 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 3. In compliance with CEQA requirements, the
Council has reviewed the final Environmental Impact Report prepared
for this project, and has found that changes or alterations have
been required in, or incorporated into, such project, which miti-
qate or, avoid the significant environmental effects thereof as
identified in the final EIR.
Section 4 . The City Council also finds and determines
� that the acquisition of the easements described in "Exhibit A" , �
,
attached hereto, situate, in the- City of Redding, County of Shasta, �
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• State of .California, is necessary for the construction and mainten-
ance of the aforesaid public improvements, and that the taking of
said easements 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 easements.
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 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 read. at a regular meeting of the City Council of the City
of Redding on the 5th day of April , 1982, and was duly adopted
at said meeting by a four-fifths vote as follows:
AYss: COUNCzt.r�rt: Demsher, ;Fulton, Gard, Kirkpatrick, and Pugh
NOES: COIINCILMEN: NOtle , �;��—
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ABSENT: COUNCILMEN: NOne �
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ATTEST: � �
r�c�C/(X•7CL�r-�
ETHEL A. RICHTER,_ City Clerk
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FORM APPR503/ED: ',�. .�,
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RA ALL" A:�HAYS�,� C' y �Attorney
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EUGENE H. ROTHER and DONNA ROTHER
A.P. 70-240-8
An easement over real property in the City of Redding, County of
Shasta, State of California, described as follows:
The parcel of land situate in the northeast quarter of the north-
west quarter of Section 7 , T. 31 N. , R. 4 Iv. , M.D.B. & P4. described
and designated Parcel l in the Deed dated June 30, 1971, conveyed
by Henry Rother and wife to Eugene H. Rother and wife and recorded
in Book 1075 of Official Records at page, 535, Shasta County Records.
The aforesaid strip. is described as, follows:
A strip of land of the uniform width of 20 feet extending entirely
, across said lands and lying contiguous to and southerly of the line
which begins at a point in the easterly boundary line of said lands
and runs thence S. 89°54 ' 49" W. 305.42 feet; thence on a curve to
the right, having a radius of 542. 00 feet through a centra'1 angle of
18°11 ' 27" an arc distance of 172. 03 feet; thence N. 71°53 ' 34" .W.
approximately SO. feet to the northwest corner of said lands; said
point of beginning bears S. 80°34 ' 04" W. 258. 55 feet distant from
the north quarter corner of said Section 7.
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Exhibit A-1
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ARTHUR H. PIEPER and GENEVA M. PIEPER
A.P. 70-240-10 . �
An easement over real property in the City of Redding, County of
Shasta, State of California, described as follows:
That portion of the northeast quarter of the northwest quarter bf
Section 7 , T. 31 N. , R. 4 W. , IH.D.B. & M. , conveyed by Anabel Harlan
and B.W. Harlan to Arthur H. Pieper and wife by Deed dated June 30 ,
1998 , and recorded in Book 296 of Official Records at page 313,
Shasta County Records, lying westerly of the westerly boundary line
of the County road known as Bechelli Lane; save and excepting
therefrom that portion thereof conveyed by Arthur H. Pieper and
wife to the City of Redding by Deed recorded February 21, 1980,
in Book 1703 of Official Records at page .250, Shasta County Records,
also excepting therefrom the southerly 80 feet of the parcel of
land conveyed by said Deed dated June 30, 1946.
The aforesaid strip is, described as follows:
A strip of land of the uniform width of 10 feet lying contiguous to
, and southerly of the northerly boundary line of said lands and
extending 'from the westerly boundary line of said lands easterly
approximately 213 feet to the westerly boundary. line of 'said
Bechelli Lane.
Exhibit A-2
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RICHARD C. WILCOX � �
A.P. 107-41-1 . �
An easement over real property in the City of Redding, County of
Shasta, State of California, descriUed , as follows: �
That portion of the southwest quarter of the southwest quarter of
Section 6, T. 31 N. , R. 4 W. , M.D.B. & M. , conveyed by John Darrah
and others to Richard C. Wilcox by Deed• dated November 9, 1979 ,
and recorded in Book 1683 of Official Records at page 330 , Shasta
County Records.
The aforesaid strip is described as follows: .
A strip of land of the uniform width of 20 feet lying contiguous
to and northerly of the southerly boundary line of said lands
, conveyed by said Deed dated idovember 9, 1979, and extending from
the northeasterly boundary line of said lands westerly 90 feet.
Sxhibit A-3
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