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HomeMy WebLinkAboutReso. 78-028 - Finding that the Public Convenience and Necessity Require the Acquisition of Certain Easements for a Public Improvemenet, to Wit, for the Construction and Maintenance of the Keswick-Redding Electric Transmission Line RESOLUTION NO. 7,?-ive 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 KESWICK-REDDING ELECTRIC TRANSMISSION LINE. 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 Redding of a public improvement, to wit, the Keswick-Redding Electric Transmission Line , and Government Code Section 37350 . 5 authorizes the City to acquire the necessary easements for said public improvement by eminent domain. Section 2 . The City Council has reviewed and considered the final EIR on this project, and finds and determines that speci- fic economic , social , or other considerations make unfeasible the mitigation measures or project alternatives identified in the final EIR. 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 and determines that the acquisition of easements over parcels of real property in the County of Shasta, State of California , as described in Exhibits A through L, inclusive , attached hereto, is necessary for the construction and maintenance of the aforesaid public improvement and that the taking of easements over said parcels of real 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 On -1- `'� • • • 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 . 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 6th day of March , 1978 , and was duly adopted at said meeting by a two-thirds vote as follows : AYES : COUNCILMEN : Anderson, Demsher, Gard, Pugh, and Fulton NOES : COUNCILMEN: None ABSENT: COUNCILMEN : None /41 r3 LEE D. FULTON, M. D. Mayor of the City of Redding . A2d LOT MILDRED L.' BRAYTON, City Clerk FOAM APPROVED: EARL D. MURPHY, C y torney -2- • Property owned by Margaret G. Brant , Naomi L. Bedner, and Aleta Kay Hermes : • #066-360r09 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 26 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to Margaret G. Brant, Naomi L. Bedner and Aleta Kay Hermes recorded in Book 1344 of Official Records at page 273 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 70+50 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence along said control line , N. 85°00 ' 42" W. , 950 . 00 feet to Station 80+00 as shown on said map , being the point of termination of this description . • • • • • Exhibit A Property owned by Kenneth J. O 'Brien and Yuba O ' Brien : #066-360-08 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 26 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to Kenneth J. O'Brien and Yuba O 'Brien husband and wife , recorded in Book 1103 of Official Records at page 578 , Shasta County Records included within a strip of land 30 . 00 feet in width, lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 79+00 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence along said control line, N 85°00 ' 42" W. , 700 . 00 feet to Station 86+00 as shown on said map, being the point of termination of this description. • Exhibit B • Property owned by Martin S . Weg and Martin L. Sturman: #066-360-07 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 26 , T. 32 N . , R. 5 W. , M.D.M. over the real property described in the deed to Bernard Bender and Martin S. Weg, recorded in Book 527 of Official Records at page 177 , Shasta County Records and also described in the Quitclaim Deed to Martin L . Sturman recorded in Book 843 of Official Records at page 540 , Shasta County Records . EXCEPTING from said Weg and Sturman property all that portion described in the Quitclaim Deed to Edward Tagliaferri recorded in Book 700 of Official Records at page 481 , Shasta County Records . ALSO EXCEPTING from said Weg and Sturman property all that portion described in the Quitclaim Deed to David M. Sherwood recorded in Book 700 of Official Records at page 483 , Shasta County Records . Said easement being over that portion of the above described property included within a strip of land 30 . 00 feet in width ,. lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 80+00 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records; thence along said control line , N. 85 ° 00 ' 42" W. , 1400 . 00 feet to Station 94+00 as shown on said map , being the point of termination of this description . r • Property owned by Michael G. Bird, Margaret Bird, Dean D. Abraham, and Mickey Abraham: #106-120-02 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 25 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to Michael G. Bird and Margaret Bird, his wife, and Dean D. Abraham and Mickey Abraham, his wife , recorded in Book 1210 of Official Records at page 534 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 15 . 00 feet on each side of the follow- ing described control line: Beginning at Station 32+50 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence along said control line , S . 64 °45 ' 04" W. , 350. 00 feet to Station 36+00 as shown on said map, being the point of termination of this description . • • • Exhibit D Property owned by Donald L. Burns and Shirley L. Burns : #066-360-11 A permanent easement and right of way for electric utility purposes in the north one-half of Section 26 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to Donald L. Burns and Shirley L. Burns , his wife , recorded in Book 532 of Official Records at page 147 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at• Station 66+00 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence , along said control line, N. 85°00 ' 42" W. , 250 . 00 feet to Station 68+50 as shown on said map, being the point of termination of this description . EXCEPTING THEREFROM all that portion of said strip of land described in the deed to the County of Shasta recorded in Book 714 of Official Records at page 58 , Shasta County Records . • Exhibit E Property owned by Arthur Paul Martz and Edna Martz : #066-360-10 & 066-370-23 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 26 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deeds to Arthur Paul Martz and Edna Martz , his wife , recorded in Book 750 of Official Records at page 573 , and in Book 936 of Official Records at page 647 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 67+50 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence along said control line N. 85° 00 ' 42" W. , 200 . 00 feet to Station 69+50 as shown on said map, being the point of termination of this description. Exhibit F Property owned by M.L. Husa and Barbara Husa: #106-110-10 & 106-120-01 Parcel 1 : A permanent easement and right of way for electric utility purposes in the north one-half of the northeast one- quarter of Section 25 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to M.L. Husa and Barbara Husa, his wife, recorded in Book 1450 of Official Records at page 222 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 15 . 00 feet on each side of the following described control line : Beginning at Station 6+00 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence , along said control line, North 53°03 ' 50" W. , 281 . 35 feet to Station 8+81 . 35 ; thence North 61°11 ' 20" W. , 218 . 65 feet to Station 11+00 as shown on said map, being the point of termination of this description. Parcel 2 : A permanent easement and right of way for electric utility purposes in the north one-half of the southeast one- quarter of the northeast one-quarter of the northwest one- quarter of Section 25 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to M.L. Husa and Barbara Husa, his wife , recorded in Book 1450 of Official Records at page 228 , Shasta County Records , included within a strip of land 30 . 00 feet in width, lying 15 . 00 feet on each side of the following described control line : Beginning at Station 12+50 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records; thence along said control line, North 61°11 ' 20" W. , 484 . 58 feet to Station 17+34 . 58 ; thence North 89°12 ' 20" W. , 115 . 42 feet to Station 18+50 as shown on said map, being the point of termination of this description . Exhibit G Property owned by United States SMelting , Refining and Mining Company: #066-330r03 Parcel 1 : A permanent easement and right of way for electric utility purposes in the northeast one-quarter of Section 28 , T. 32 N. , R. 5 W. , M. D.M. over a strip of land 65 . 00 feet in width, lying 25 . 00 feet on the right or northerly side and 40 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 145+94 . 42 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records , being a point on the east line of said Section 28 ; thence along said control line N. 70°51 ' 52" W. , 1148 . 22 feet to Station 157+42 . 64 as shown on said map, being a point on the north line of said Section 28 , and also being the point of termination of this description. The side- lines of said strip of land being lengthened or shortened to begin on said east line and end on said north line of Section 28 . Parcel 2 : A permanent easement and right of way for electric utility purposes in the northeast one-quarter of Section 28 , T. 32 N. , R. 5 W. , M. D.M. over a strip of land 30 . 00 feet in width, lying 20 . 00 feet on the right or northwesterly side and 10 . 00 feet on the left or southeasterly side of the follow- ing described line: Commencing at Station 140+89 . 21 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence S. 20°40 ' 33" W. , 1358 . 27 feet to a point on the east line of said northeast one-quarter of Section 28, being the true point of beginning; thence continu- ing S. 20°40 ' 33" W. , 851 . 91 feet to a point on the south line of said northeast one-quarter of Section 28 , being the point of termination of this description. The sidelines of said strip of land being lengthened or shortened to begin on said east line and end on said south line of the northeast one- quarter of Section 28. Exhibit H Property of Lawrence Pane , Mirley Royce Pane , Richard Kent Downs , and Kathryn Ann Day: #066-330-04 Parcel 1: A permanent easement and right of way for electric utility purposes in the north one-half of Section 27 , T. 32 N. , R. 5 W. , M. D.M. over a strip of land of variable width described as follows : Said strip of land lying 10. 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of a line which begins at Station 92+83 . 34 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records , being also a point on the east line of said Section 27 ; thence along said control line N. 85°00 ' 42 " W. , 828 . 44 feet to Station 101+11 . 78; thence from said Station 101+11. 78 , said strip of land lying 15 . 00 feet on each side of said line; thence S . 64°29 ' 32" W. , 275 . 87 feet to Station 103+87 . 65; thence, from said Station 103+87 . 65 , said strip of land lying 20 . 00 feet on the right or northerly side and 10 . 00 feet on the left or southerly side of said line; thence N. 85°00 ' 42" W. , 2600 . 52 feet to Station 129+ 88 . 17 ; thence N. 89°21 ' 20" W. , 519 . 43 feet to Station 135+ 07 . 60; thence N. 70°51 ' 52" W. , 581 . 61 feet to Station 140+ 89 . 21 ; thence from said Station 140+89 . 21 , said strip of land lying 20 . 00 feet on the right or northerly side and 40 . 00 feet on the left or southerly side of said line ; thence N. 70°51 ' 52" W. , 505. 21 feet to Station 145+94 . 42 being a point on the west line of said Section 27 and being the point of termination of this description. The sidelines of said strip of land being lengthened or shortened to begin and end on said east and west lines , respectively of Section 27 and to intersect at angle points. Parcel 2 : A permanent easement and right of way for electric utility purposes in the north one-half of Section 27 , T. 32 N. , R. 5 W. , M. D.M. over a strip of land 30 . 00 feet in width, lying 15. 00 feet on each side of the following described line : Beginning at Station 140+89 . 21 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence , leaving said control line as shown on said map, S. 20°40 ' 33" W. , along the proposed Keswick- Redding South Transmission Line, as shown on said map, a dis- tance of 1358 . 27 feet to a point on the west line of said Section 27 , being the point of termination of this description. The sidelines of said strip of land being lengthened or shortened to end on said west line of Section 27 . • F'v1,41.44- T • Property owned by William Ernie Allen: #066-370-22 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 26 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described in the deed to William Ernie Allen recorded in Book 1323 of Official Records at page 95 , Shasta County • Records , included within a strip of land 30 . 00 feet in width, lying 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of the following described control line : Beginning at Station 69+00 on the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records; thence , along said control line , N. 85°00 ' 42" W. , 250 . 00 feet to Station 71+50 as shown on said map, being the point of termination of this description . • • • Exhibit J • Property owned by Echo E. Moran : #106-120-03 A permanent easement and right of way for electric utility purposes in the northwest one-quarter of Section 25 , T. 32 N. , R. 5 W. , M. D.M. over that portion of the real property described as Parcel 1 in the deed to Glenn L. Moran and Echo E . Moran recorded in Book 1011 of Official Records at page 371 , Shasta County Records , and subsequently included by reference in the Gift Deed to Echo Moran recorded in Book 1337 of Official Records at page 195 , Shasta County Records , included within a strip of land 30 . 00 feet in width, described as follows : Said strip of land being 15 . 00 feet on each side of a line which begins at Station 34+50 on the control line as .shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records ; thence along said control line, 5.- 64°45 ' 04" W. 261. 30 feet to Station 37+11. 30 ; thence . from said Station 37+ 11 . 30 , said strip of land being 10 . 00 feet on the right or northerly side and 20 . 00 feet on the left or southerly side of said line; thence N. 85°00 ' 42 " w. , 288 . 70 feet to Station 40+00 as shown on said map, being the point of termination of this description. The sidelines of said strip of land being lengthened or shortened to intersect at angle points . EXHIBIT K Property owned by Echo Elaine Moran: #106-110-14 . A permanent easement and right of way for 'electric ' utility purposes in the southwest one-quarter of the northeast one- quarter of Section 25 , T. 32 N. , R. 5 W. , M. D.M.' over a strip of land 30 . 00 feet in width and .lying 15 . 00 feet on each side of the following described control line : Beginning at the point of intersection of the northwesterly right of way line of North Market Street and the control line as shown on the map filed for record in Book 42 of Land Surveys at page 36 , Shasta County Records , said ,point being identified as Station 2+25. 89 on said map; thence along said control line, N. 53°03 ' S0" W. , 524 . 11 feet to Station 7+50 as shown on said map, being the point of termination of this description. The sidelines of said strip of land being lengthened or shortened to begin on said right of way line of North Market Street. EXCEPTING THEREFROM all that portion of the above described strip of land lying north of the north line of said southwest one-quarter of the northeast one-quarter of Section 25 . • • EXHIBIT L