HomeMy WebLinkAboutReso. 1984 - 283 - Finding that public convenience and necessity require acquisition of certain real property for an electric substation to serve the municipal airport and southeast ReddingRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR
PUBLIC IMPROVEMENTS, TO -WIT: EASEMENTS AND REAL PROPERTY
FOR AN ELECTRIC SUBSTATION TO SERVE THE MUNICIPAL AIRPORT
AND SOUTHEAST REDDING (MILTON H. AND DONNA R. JURIN AND JOHN
D. AND PHYLLIS J. JURIN).
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 extension by the City of Redding of public improvements,
to -wit: an electric substation to serve the Municipal Airport
and southeast Redding, and Government Code Section 37350.5
authorizes the City to acquire the necessary real 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 alter-
ations have been required in or incorporated into such project,
which mitigate 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 property interests described in Exhibit
"A" attached hereto, situate in the City of Redding, County of
Shasta, State of California, is necessary for the construction
and maintenance of the aforesaid public improvements and that the
taking of said property interests is necessary therefor.
Section 5. 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 in and for the County
of Shasta in the name of the City of Redding to acquire the
necessary 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 property interests.
Section 6. 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 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 17th day of December , 1984, and
was duly adopted at said meeting by a four-fifths vote as fol-
-2-
C-1
lows:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAIN:
COUNCIL
MEMBERS:
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RAN LL A. HAYS, -CiV Attorney
•
Demsher, Fulton, Gard, Pugh, & Kirkpatrick
None
None
None
vwa� / -
HOWARD D. KIRKP RICK, Mayor
City of Redding
-3-
-w R vy OFFICE OF CITY ATTORNEY
01:\
-� �014 '
_ IN,T Y F RT J
CALIFORNIA
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
November 2, 1984
Milton H. and Donna R. Jurin
1116 DeMoll Drive
Redding, Ca. 96002.
John D. and Phyllis J. Jurin
2110 Myrtle Avenue
Eureka, Ca. 95501
FiANDALL A. HAYS
CITY ATTORNEY
760 PARKVIEW AVENUE
REDD!NG, CALIFORNIA 96001
PHONE: 9161246-1151
Re: City of Redding Notice of Intention to Adopt Resolution
of Necessity and Offer to Purchase Real Property
Dear Ladies and Gentlemen:
It is the intent of the City Council of the City of Redding
to Consider for adoption a proposed Resolution of Necessity
authorizing the commencement of eminent domain proceedings to
acquire the real property owned by you and described as follows:
Assessor's Parcel No. 055-120-13:
That portion of the north one-half of the northeast one-
quarter of Section 28, Township 31 North, Range 4 West,
M.D.B.&M., lying northeasterly of the Anderson -Cottonwood
Irrigation District Canal as described in the Deed from
Wesley W. Harris, recorded in the office of the County
Recorder March 9, 1938, in Book 132 of Official Records at
page 431, Shasta County Records.
Easements as follow are also sought:
A portion of Assessor's Parcel No. 054-170-02:
A strip of land 20.00 feet wide lying easterly o,f, adjacent
to and parallel with the easterly boundary of that certain
right of way for electric transmission lines as described in
the Deed from James Forbes, Jr. and Gordon Forbes to Mt.
Shasta Power Corporation, recorded in Book 2 of Official
Records of Shasta County at page 416 and lying within the
boundaries of the southwest one-quarter of Section 22,
Township 31 North, Range 4 West, M.D.M.
A
0
F
0 -0
Together with the westerly 15.00 feet and the southerly
20.00 feet of the southwest one-quarter of Section 22,
Township 31 North, Range 4 West, M.D.M.
A portion of Assessor's Parcel No. 054-170-03:
The easterly 15.00 feet of the following described parcel:
That portion of the south one-half of the southeast one-
quarter of Section 21, Township 31 North, Range 4 West,
M.D.B.&M., which lies northeasterly of the Anderson -Cotton-
wood Irrigation District Canal as described in the Deed from
Wesley W. Harris recorded in the office of the County
Recorder March 9, 1938, Book 132, Official Records, page
431, Shasta County Records.
A portion of Assessor's Parcel No. 055-120-17:
The southerly 15.00 feet of the following described parcel:
Parcel 2:
The northwest one-quarter of Section 28, Township 31 North,
Range 4 West, M.D.M., Shasta County Records.
Excepting therefrom the following parcels:
(a) That portion conveyed from the Pacheco Union School
District to Blanche Tracy by Deed dated August 3, 1954
and recorded August 20, 1954, Book 434, Official
Records, page 172, Shasta County Records.
(b) That portion conveyed from John Fitzpatrick, et ux, to
William B. Fitzpatrick, et ux, by Deed dated February
20, 1962 and recorded March 27, 1962, Book 700, Offi-
cial Records, page 161, Shasta -County Records.
(c) That portion conveyed from John Fitzpatrick, et ux, to
John Fitzpatrick & Sons, a corporation, by Deed dated
July 29, 1963 and recorded August 19, 1963, Book 755,
Official Records, page 308, Shasta County Records.
(d) That portion conveyed from John Fitzpatrick, et ux, to
William B. Fitzpatrick, et ux, by Deed dated July 29,
1963 and recorded August 19, 1963 in Book 755, Official
Records, page 309, Shasta County Records.
The resolution will be considered for adoption by the City
Council on November 19, 1984 at the City Council Chambers in
Redding. You have fifteen (15) days from the date of mailing of
this letter to file a written request with the City Council to
appear at the meeting and be heard on any of the following
matters:
-2-
1. Whether the public interest and necessity require the
project.
2. Whether the project is planned or located in the manner
that will be most compatible with the greatest public
good and the least private injury.
3. Whether the property sought to be acquired is necessary
for the project.
If you fail to file a written request to appear and be heard
within fifteen (15) days after this notice was mailed, you waive
your right to appear and be heard and the City Council need not
give you an opportunity to do so.
As you are no doubt aware, the appraised value of the real
property and easements described above has been determined to be
the total sum of $96,520.00. The City believes this sum to be
just compensation for purchase of the real property and the
acquisition of the easements. Accordingly, the City hereby
offers the total sum of $96,520.00.
RAH:pb
cc: City Clerk
Electric Director
Very truly yours,
Cfdall
RA. Hays
Ctorney
-3-
1
m
S 89' 28'30 "W
ii
3
to
N
N
0
O
2/
ZZ
2— N89'S9'38"E 2640'
Z8
PUBLIC SERVICE I ASI:MLNT
From
JOAN AND PHYLLIS JURI:N
ar:d
MILTON AND DONNA JURIN
To
CITY OF REDDING
C
CTR. SEC. ZZ
.N vw cae
sec. Z7
Scale: 1" = 800' PS(X14-I.)