HomeMy WebLinkAboutReso. 1976-025 - Declaring that public convenience and necessity require acquisition of easements over certain real property for construction and maintanence of an electric transmission lineRESOLUTION NO. ?!j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE ACQUISITION OF EASEMENTS OVER CERTAIN REAL
PROPERTY FOR A PUBLIC IMPROVEMENT, TO WIT, FOR CONSTRUCTION
AND MAINTENANCE OF AN ELECTRIC TRANSMISSION LINE, AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS THEREFOR. (PEACOCK,
ENTERPRISE PUBLIC UTILITY DISTRICT, UNITED CALIFORNIA BANK,
HARREL DAVIS, CARL McCONNELL, GAIL BUI, JACK HALPIN, BENTON,
AND STELLMACHER PROPERTIES).
BE IT RESOLVED by the City Council of the City.'.of�Red-
ding 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 completion by the City of Redding
of a public improvement, to wit, an electric transmission line
to serve the citizens of Redding.
Section 2. The City Council of the City of Redding
finds and determines that the acquisition of easements over the
following described property, to.wit:
Thomas Jerrald Peacock, Department of Veterans Affairs
The easterly five feet, measured along the north line,
of the northerly thirty feet, measured along the east
line, of Lot 4, Block 1, as shown on the map of the Second
Diestelhorst Addition to Redding, filed in the office of
the County Recorder August 31, 1901, in Book 1 of Maps at
page 58, Shasta County Records.
Enterprise Public Utility District
The east twenty feet of the most westerly sixty feet,
measured at right angles to the west line, of that por-
tion of the southwest one-quarter of Section 29, T. 32
N., R. 4 W., M.D.M., described in Deed to Enterprise Public
Utility District recorded May 3, 1968, in Book 952 of Of-
ficial Records at page 178, Shasta County Records.
United California Bank
Those portions of the southwest one-quarter of Section 29,
T. 32 N., R. 4 W., M..D.,M., described as follows:
(1) A strip of land 20 feet in width, the east line
of which is described as follows: Beginning at a point on
the north line of the land described in Deed to Enterprise
Public Utility District recorded May 3, 1968, in Book 952
of Official Records at page 178, Shasta County Records,
which point is 60 feet east, measured at right angles, of
the west line of said Section 29; thence northerly in a
direct line to a point on the north line of the southwest
one-quarter of the southwest one-quarter of said section
and 42 feet east of the west line of said section; thence
northerly, parallel with the west line of said section, a
distance of 40 feet.
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(2) The south 10 feet of the east 30 feet of the west
72 feet of the northwest one-quarter of the southwest one-
quarter of Section 29, T. 32 N., R. 4 W., M.D.M.
(3) That portion of the south 10 feet of the north-
west one-quarter of the southwest one-quarter and that portion
of the north 10 feet of the southwest one-quarter of the
southwest one-quarter of said Section 29, lying west of the
20 foot strip of land described in paragraph (1) hereinabove.
Harrell Davis and Louise M. Davis
The west ten feet of the north thirty feet, measured along
the west line of the following described land:
That portion of the west half of the southeast quarter of
Section 30, T. 32 N., R. 4 W., M.D.M., described as follows:
Commencing at the point of intersection of the south line
of said Section 30 with the easterly line of the land de-
scribed in the Deed to the State of California recorded May
1, 1962, in Book 704 of Official Records, at page 18, Shasta
County Records; thence N. 0°39'36" W., along said easterly
line, 1.33 feet; thence N. 3°16'25" E., along said easterly
line 558.02 feet to the true point of beginning; thence con-
tinuing along said easterly line N. 3116'25" E., 324.83
feet to a point 42 feet southerly from the centerline of
Hilltop Drive, measured radially thereto; thence south-
easterly parallel with said centerline and 42 feet south-
erly therefrom, measured radially thereto, along a curve
to the right with a radius of 458 feet, a.distance of
515.92 feet to a line drawn N. 88131'02" E. from the true
point of beginning; thence S. 88°31'02" W. 393.54 feet to
the true point of beginning.
Carl R. McConnell, Leah F. McConnell and Lillian H. Davis
The south 10 feet of the north one-half of the east one-
half of the southeast one-quarter of Section 30, T. 32 N.,
R. 4 W., M.D.M.
Gail Bui
The unsubdivided portion of the City of Redding, Shasta
County, California,being 5.00 feet in width and lying 2.50
feet on each side of the following described centerline:
Commencing at the northwest corner of Lot 12, Block 4 of
Diestlehorst's Addition to the City of Redding as shown on
the map filed for record in the Book of Old Plats at page
53, Shasta County Records; thence S. 72020' W., 80.00 feet
to the southwest corner of the intersection of Trinity
Street and Center Street, being also the northeast corner
of the parcel of land conveyed to Silvio E. Bui, et ux, by
a deed recorded December 4, 1968, in Book 974 of Official
Records at page 549, Shasta County Records; thence S. 17°
40' E., 76.93 feet along the westerly line of Center Street
and the easterly line of the aforementioned Bui property;
thence N. 72°20' E., 10.00 feet to the true point of begin-
ning of this centerline; thence S. 77045'20" W., 37.00 feet
to the point of termination of this centerline.
Excepting therefrom all that portion of the above described
easement lying within Center Street.
Also excepting therefrom all that portion of the above
described easement lying northerly of the exterior surface
of the south wall of Ramona's Restaurant building as it
existed on February 13, 1976.
Jack Halpin, C.B. Graves, Orville Jacobs, Henry Saunders,
Ben Leep and John A. Spann
The southwest one-quarter of Section 25, T. 32 N., R. 5
W., M.D.M., Shasta County, California, being 5.00 feet in
width and lying 2.50 feet on each side of the following
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described centerline:
Commencing at the most westerly corner of Lot 40 of Block 1
of Benton Subdivision as shown on the map filed for record
in Book 5 of Maps at page 38, Shasta County Records; thence
S. 38007' W., 130.98 feet to the most northerly corner of
the parcel of land conveyed to the City of Redding by the
Deed recorded in Book 895 of Official Records at page 581,
Shasta County Records; thence along the northeasterly line
of said parcel of land conveyed to the City of Redding, S.
75°28'50" E., 181.46 feet; thence S. 14°31'10" W., 4.00 feet
to the true point of beginning of this centerline; thence
S. 11°46'25" W., 55.00 feet to the point of termination of
this centerline.
Excepting therefrom all that portion of the above described
easement lying within the parcel of land conveyed to the City
of Redding by the deed recorded in Book 895 of Official Records
at page 581, Shasta County Records.
Stewart E. Stellmacher, et ux. and Thomas R. Woodburn, et ux.
Five easements in the east one-half of the southwest one-
quarter and the west one-half of the southeast one-quarter
of Section 30, T. 32 N., R. 4 W., M.D.M., Shasta County,
California, each easement being 5.00 feet in width and lying
2.50 feet on each side of the following five described
centerlines which are identified as A through E, inclusive:
(A) Commencing at the centerline monument at Engineer's
Station E.C. 103+21.05 of the Realignment Centerline of Hill-
top Drive as shown on the map filed for record in Book 40 of
Land Surveys at page 42, Shasta County Records; thence, S.
28005'37" W., 35.00 feet to a point hereinafter referred to
as Point "Q", being the true point of beginning of this
centerline; thence S. 25°23'13" W., 35.00 feet to the point
of termination of this centerline.
(B) Commencing at the above described Point "Q"; thence,
S. 67019'12" E., 157.56 feet to a point hereinafter referred
to as Point "R", being the true point of beginning of this
centerline; thence S. 17°10'21" W., 35.00 feet to the point
of termination of this centerline.
(C) Commencing at the above described Point "R"; thence
S. 78020'06" E., 163.00 feet to a point hereinafter referred
to as Point "S", being the true point of beginning of this
centerline; thence S. 05049'54" W., 35.00 feet to the point
of termination of this centerline.
(D) Commencing at the above described Point "S"; thence
N. 89059'54" E. 200.03 feet to a point hereinafter referred
to as Point "T"; being the true point of beginning of this
centerline; thence S. 01°29'08" E., 35.00 feet to the point
of termination of this centerline.
(E) Commencing at the, above described Point "T"; thence
N. 87001'51" E., 146.60 feet to a point from which Engineer's
Station 96+72.15 of said Realignment Centerline of Hilltop
Drive bears N. 02°58'09" W., 35.00 feet; said point being
also the true point of beginning of this centerline; thence
S. 03°48'29" E., 35.00 feet to the point of termination of
this centerline.
Excepting from the five easements described above, all that
portion lying northerly of the southerly line of the strip of
land conveyed to the City of Redding by the Deed recorded in
Book 1270 of Official Records at page 519, Shasta County
Records.
Qcic
Frances M. Benton
Parcel 1: An easement within the west one-half of the south-
west one-quarter of Section 30, T. 32 N., R. 4 W., and the
southeast one-quarter of Section 25, T. 32 N., R. 5 W., M.D.M.
Shasta County, California; being 20 feet in width and -lying
ten feet on each side of the following described centerline:
Commencing at the west one-quarter corner of said Section 30,
T. 32 N., R. 4 W., M.D.M. as shown on the map filed for record
in Book 40 of Land Surveys at page 42, Shasta County Records;
thence N. 84102'42" E., 552.54 feet (shown as 552.47 feet grid
distance on said map) to Engineer's Station E.C. 132+26.08 of
the Realignment Centerline of Hilltop Drive as shown on said
map; thence, along said Realignment Cneterline, the following
courses: from a tangent which bears South 49°29'01" E., along
a curve to the right, having a radius of 999.75 feet (shown as
999.62 feet grid distance on said map), through a central angle
of 28139'03", an arc distance of 499.93 feet; thence S. 20149'
58" E., 264.50 feet (shown as 264.47 feet grid distance on
said map); thence along a curve to the left having a radius
of 700.00 feet (shown as 699.91 feet grid distance on said map),
through a central angle of 34°27'05", an arc distance of 420.90
feet to a point hereinafter referred to as Point "A" being
the true point of beginning of this centerline; thence leaving
said Realignment centerline of Hilltop Drive, S. 37037106" W.
625.61 feet to a point hereinafter referred to as Point "B";
thence N. 67023'04" W., 225.00 feet to a point hereinafter
referred to as Point "C"; thence N. 80°51'03" W., 424.00 feet
to a point hereinafter referred to as Point "D"; thence N. 470
14'31" W., 400.00 feet to a point hereinafter referred to as
Point "E"; thence North 57°30'29" W., 584.22 feet to a point
hereinafter referred to as Point "F"; thence N. 59125'49" W.,
602.29 feet to a point hereinafter referred to as Point "G";
thence N. 67139'36" W., 752.51 feet to a point from which
point the most easterly corner of Parcel 1 as described in the
deed to Duane W. Shoffner and Elaine R. Shoffner, his wife,
and Clifton A. Powell and Roberta G. Powell, his wife, recorded
in Book 1276 of Official Records at page 484, Shasta County
Records, bears S. 75022'27" W., 4.51 feet; said point being
hereinafter referred to as Point "H", also being the point of
termination of this centerline.
Excepting therefrom all that portion of the above described
easement lying within the right of way conveyed to the County
of Shasta by the Deed of Right of Way recorded in Book 488 of
Official Records at page 476, Shasta County Records.
Also excepting therefrom all that portion of the above described
easement lying within Parcel 1 as described in the Deed of
Right of Way to the City of Redding as recorded in Book 318
of Official Records at page 334.
Parcel 2: An easement within the west one-half of the south-
west one-quarter of Section 30, T. 32 N., R. 4 W., M.D.M.,
Shasta County, California, being 5.00 feet in width and lying
2.50 feet on each side of the following described centerline:
Beginning at the above described Point "A"; thence N. 37°37'
06" E., 70.05 feet to the point of termination of this center-
line.
.Excepting therefrom all that portion of the above described
easement lying within the right of way conveyed to the County
of Shasta by the Deed of Right of Way recorded in Book 488 of
Official Records at page 476, Shasta County Records.
Parcel 3: Seven easements within the west one-half of the
southwest one-quarter of Section 30, Township 32 N., R. 4 W.,
and the southeast one-quarter of Section 25, T. 32 N., R. 5
W., M.D.M., Shasta County, California, such easement being
5.00 feet in width and lying 2.50 feet on each side of the
following seven.described centerlines which are identified
as 3-A through 3-G, inclusive:
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3-A Beginning at the above described Point "B"; thence
S. 37°37'06" W., 35.00 feet to the point of termination
of this centerline;
3-B Beginning at the above described Point "B"; thence
S. 67023'04" E., 35.00 feet to the point of termination
of this centerline;
3-C Beginning at the above described Point "C"; thence
N. 15052'57" E., 35.00 feet to the point of termination
of this centerline;
3-D Beginning at the above described Point "D"; thence
S. 25057'13" W.,.35.00 feet to the point of termination
of this centerline;
3-E Beginning at the above described Point "E"; thence
N. 37037'30" E., 35.00 feet to the point of termination
of this centerline;
3-F Beginning at the above described Point "F"; thence
N. 31031'51" E., 35.00 feet to the point of termination
of this centerline;
3-G Beginning at the above described Point "G"; thence
N. 26027'18" E., 35.00 feet to the point of termination
of this centerline;
excepting from the seven easements described above, all that
portion included within Parcel 1 as described above.
Parcel 4: Three easements within the southeast one-quarter
of Section 25, T. 32 N., R. 5 W., M.D.M., Shasta County,
California, each easement being 5.00 feet in width and lying
2.50 feet on each side of the following three described center-
lines which are identified as 4-A through 4-C inclusive:
4-A Beginning at the above described Point "H"; thence,
parallel with the southeasterly line of the above described
Parcel 1 as described in the Deed to Duane W. Shoffner
and Elaine R. Shoffner, his wife, and Clifton A. Powell
and Roberta G. Powell, his wife, recorded in Book 1276
of Official Records at page 484, Shasta County Records,
N. 38°16'43" E. (recorded as N. 38105' E. in said Deed
to Shoffner and Powell), a distance of 35.00 feet to a
point of termination of this centerline.
4-B Commencing at a 3/4 inch iron pipe tagged "RE 4603" at
the most southerly corner of Parcel 1 as described in
the Deed to Duane W. Shoffner and Elaine R. Shoffner,
his wife, and Clifton A. Powell and Roberta G. Powell,
his wife, recorded in Book 1276 of Official Records at
page 484, Shasta County Records; thence on the south-
westerly projection of the southeasterly line of said
Shoffner and Powell property, S. 38016'43" W. (recorded
as S. 38°05' W. in said Deed to Shoffner and Powell),
a distance of 2.30 feet; thence at right angles S.
51043'17" E., 2.30 feet to a point hereinafter referred
to as Point "J", being the true point of beginning of
this centerline; thence continuing S. 51043'17" E.,
35.00 feet to the point of termination of this centerline.
4-C Beginning at the above described Point "J"; thence S. 381
16'43" W., 35.00 feet to the point of termination of this
centerline;
excepting from the three above described easements all that
portion lying within the right of way described as Parcel 1
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in the Deed of Right of Way recorded in Book 318 of Official
Records at page 334, Shasta County Records.
Parcel 5: An easement within Lot 3 of Section 30, T. 32 N.,
R. 4 W., M.D.M., Shasta County, California, being 14 feet
in width and lying 7 feet on each side of the following
described centerline:
Commencing at the above described Point "A"; thence S. 37°
37'06" W., 35.04 feet to a point hereinafter referred to as
Point "K" and being the true point of beginning of this center-
line; thence S. 62°31'34" E., 188.83 feet to a point herein-
after referred to as Point "L"; thence S. 69154'23" E.,
375.68 feet to a point hereinafter referred to as Point "M"
from which engineer's station E.C. 114+86.65 of the Realign-
ment Centerline of Hilltop Drive as shown on the map filed
for record in Book 40 of Land Surveys at page 42, Shasta
County Records, bearings N. 20°05'37" E., 35.00 feet; thence
S. 68°43'20" E., 205.22 feet to the point of termination of
this centerline.
Excepting therefrom all that portion of the above described
easement lying within the right of way conveyed to the County
of Shasta by the Deed of Right of Way recorded in Book 488
of Official Records at page 476, Shasta County Records.
Also excepting therefrom all that portion of the above
described easement lying easterly of the east line of said
Lot 3 of Section 30, T. 32 N., R. 4 W., M.D.M.
Also excepting therefrom all that portion of the above described
easement included within Parcel 1 as described above.
Parcel 6: Three easements within Lot 3 of Section 30, T. 32
N., R. 4 W., M.D.M., Shasta County, California, each easement
being 5.00 feet in width and lying 2.50 feet on each side of
the following three described centerlines which are identified
as 6-A through 6-C inclusive:
6-A Beginning at the above described Point "K"; thence N._62°
31'34" W., 35.00 feet to the point of termination of
this centerline;
6-B Beginning at the above described Point "L"; thence S.
23047'02" W., 35.00 feet to the point of termination
of this centerline;
6-C Beginning at the above described Point "M"; thence
N. 20041109" E., 105.00 feet to the point of termination
of this centerline;
Excepting from the three easements described above all that
portion included within Parcel 1 and Parcel 5 as described
above;
Also excepting from the three easements described above all
that portion lying easterly of the east line of said Lot 3
of Section 30, T. 32 N., R. 4 W., M.D.M.;
Also excepting from the three easements described above,
all that portion lying within the right of way conveyed to the
County of Shasta by the Deed of Right of Way recorded in Book
488 of Official Records at page 476, Shasta County Records;
is necessary for the construction and completion of the aforesaid
public improvement and that the taking of said easement interest
in said parcels of real property is necessary therefor.
Section 3. The City Attorney of the City of Redding
is hereby authorized, empowered and directed to:
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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.
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 1st day of March, 1976, and was duly
adopted at said meeting by the following vote:
AYES: COUNCILMEN: Anderson, Demsher, Fulton, Pugh, and Denny
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
MILDRED L. BRAYTON,:,City Clerk
FORM� APPROVED:
ARL D. MURPHY, CiV At rney
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