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HomeMy WebLinkAboutReso. 78-064 - Rescinding Reso. 78-12, Finding that the Public Convenience and Necessity Require Acquisition of Certain Easements for a Public Improvement, To Wit, for the Construction and Maintenance of Ridgeview Subdivision Trunk Sewer Extension RESOLUTION NO. IJ l _- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING RESCINDING RESOLUTION NO. 78-12 , AND FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS FOR A PUBLIC IMPROVEMENT, TO WIT, FOR THE CONSTRUCTION AND MAINTENANCE OF THE RIDGEVIEW SUBDIVISION TRUNK SEWER EXTENSION. 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 Ridgeview Subdivision Trunk Sewer Exten- sion, 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 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. 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 D attached hereto, is necessary for the construction and maintenance of the aforesaid public improve- ment and that the taking of easements over said parcels of real property is necessary therefor. Section 4 . Resolution of Public Convenience and Necessity No. 78-12 , adopted on February 6 , 1978 , was deficient and is hereby repealed and rescinded. Section 5. The City Council has reviewed the final EIR prepared for this project and has found that changes or alterations have been required in or incorporated into such project which miti- gate or avoid the significant environmental effects thereof, as identified in the final EIR. oQ e -1- I • • Section 6 . 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. 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 15th day of May , 1978 , and was duly adopted at said meeting by a two-thirds vote as follows: AYES: COUNCILMEN: . Gard, Kirkpatrick, Pugh, and Demsher NOES: COUNCILMEN: Fulton ABSENT: COUNCILMEN: . L.. • None �NALD M. DEMSHER Mayor of the City of Redding A EST: MILDRED L. BRAYTON , City Clerk FO 3APPROVED: /0. EARL D. MURPHY, ttorney -2- (J• • Christian , R. V. Parcels 108-08-05, 108-08-12 and 108-08-10 • Being in Section 20 of the P. B. Reading Grant, in the City of Redding, Shasta County, California, more particularly described as follows : A strip of land 10 . 00 feet in width lying northerly of , parallel with and adjacent to the southerly line of that certain parcel of land shown as Tract "B" of the E. C . Frisbie Tract on the map for R. V. Christian in Book 17 of Land Surveys at page 21 , in the office of the Recorder , Shasta County , California . Containing 0 . 19 acre, more or less. • • EXHIBIT A • • (:• • • Whipp, Roger Parcel 104-500-04 Being in Section 15 of the P. B. Reading Grant , in the City of Redding, Shasta County , California, more particularly described as follows : A strip of land 15. 00 feet wide lying 5 . 00 feet Westerly and Southerly of the following described line •and lying 10 . 00 feet Easterly and Northerly of said line. Commencing at the North- east corner of that certain parcel of land as described in Book . 951 , at page 326, of Official Records in the Office of the Recorder, Shasta County , California. Thence South 23°06 ' 46" East along the Easterly line of said parcel of land a distance of 76. 99 feet to the true point of beginning. Thence from said point of beginning and leaving said Easterly line along the arc of a 300. 00 foot radius curve, concave to the Southwest , having a radial bearing of South 56°24 ' 58" West and a central angle of 16°51 ' 04" a distance of 88. 23 feet to the point of termination of this description on the Northerly line of before said parcel of land. Said point of termination bears South 79°09 ' 14" West, 29. 14 feet from the Northeast corner of said parcel of land . Containing 0. 03 acre, more or less . • EXHIBIT B • ( • • Champion International Parcel 108-060-03 • Being in Section 15 of the P . B. Reading Grant, in the City of Redding , Shasta County, California, more particularly described as follows: A strip of land 15 . 00 feet wide lying 5 . 00 feet easterly and northerly of the following described line and lying 10 . 00 feet westerly and southerly of said line for a distance of 1076 . 18 feet to Point "A" ; thence from Point "A" said 15 . 00 foot wide strip of land lies 10 . 00 feet easterly and northerly of said described line and lies 5 . 00 feet westerly and southerly of said line . Commencing at the most southerly corner of said Section 15 of the P. B. Reading Grant as said corner is shown on that certain map in .Book 33 of Land Surveys at page 15 in the Office of the Recorder, Shasta County, California . Thence along the section line common to Sections 15 and 20, N . 42°19 ' 49" E . , 628 . 71 feet to a 5/8" pin marked R.E . 591; thence continuing along said section line N. 42°53 ' 19" E . , 211 . 73 feet; thence leaving said section line N. 72°17 ' 45" W. , 6 . 11 feet to the true point of beginning of this description . Thence from said point of beginning, parallel with and 5 . 00 feet westerly of said sec- tion line N . 42°17 ' 12" E. , 238 . 50 feet; thence, leaving said parallel line N. 01°48 ' 59" W. , 344 . 87 feet; thence N . 31°19 ' 30" Vi. , . 364 . 86 feet; thence N. 84°19 ' 20" W. , 127 . 95 feet to a point herein called Point "A" from which said easement lies 5 . 00 feet westerly and southerly of the following described line and 10 . 00 feet easterly and northerly of said line; thence N . 54 °42 ' 00" W. , 128 . 72 feet; thence along the arc of a 300 . 00 foot radius curve to the left having a central angle of 14°05 ' 35" a distance of 73 . 78 feet; thence leaving said curve N. 68°47 ' 35" w. , 107 . 46 feet to a point herein called Point "B" ; thence N. 55°56 ' 56" w. , 446 . 78 feet; thence N . 58°04 ' 30" w. , 164 . 84 feet; thence along the arc of a 300 . 00 foot radius curve to the left having a central angle of 13°20 ' 10" , a distance of 69 . 83 feet; thence leaving said curve N. 71°24 ' 40" W. , 214 . 35 feet; thence N. 60°05 ' 30" W. , 324 . 89 feet; thence N. 77°27 ' 00" w. , 339 . 88 feet; thence N. 88°44 ' 55" W. , 208 . 20 feet to a point on the midsection line of the southeast 1/2 of said Section 15, and the termination, of this easement . Said point of termination bears N . 45°04 ' 45" E. , 774 . 59 feet from the 1/4 section corner common to Sections 15 and 16 of the said P . B. Reading Grant . Containing 1 . 10 acres more or less . Together with and being a part of said permanent utility easement a temporary construction easement 25 . 00 feet in width lying parallel with and adjacent to the westerly and southerly limits of the before described easement and the easterly and northerly limits of the be- fore described easement . Commencing at a point 10 . 00 feet north- westerly of before said point of beginning and continuing along said westerly and southerly limits to a point 5 . 00 feet southwesterly of before said Point " B" . Thence from said Point "B' northeasterly 10 . 00 feet to a point on the easterly and northerly limits of before described 15 . 00 feet wide casement and continuing along said ease- ment limits to the termination on said midsection line . Containing 1. 83 acres more or less . EXHIBIT C �-- - -. • •• Black and Hatfield • Parcel 1: Being in Sections 8 , 9 and 15 of the P . B. Reading Grant, in the City of Redding, Shasta County, California, more particularly described as follows : A strip of land 15 . 00 feet wide lying 5 . 00 feet westerly and 10 . 00 feet easterly of the following described line . Commencing at the Northeast corner of that certain parcel of land as described in Book 951, at page 326 , of Official Records in the Office of the Recorder, Shasta County, California, thence S . 79°09 ' 14 " W. , along the north line of said parcel of land a distance of 29 . 14 feet to the true point of beginning. Thence from said point of beginning and leaving said north line along the arc of a 300 . 00 foot radius curve, concave to the southwest, having a radial bearing of S . 39 ° 33 ' 54" W. , and a central angle of 13°27 ' 26" a distance of 70 . 46 feet to a point herein called "A" , thence from said point "A" , N. 63°53 ' 32" W. , 172 . 11 feet; thence N. 44°07 ' 25" W. , 1362 . 31 feet; • thence, N. 37 °10 ' 02" E. , 90 . 58 feet; thence N. 36°31 ' 45" W. , 737 . 30 feet; thence N. 71°15 ' 25" W. , 487 . 26 feet; thence ; N . 60° 20 ' 10" W. , 321 . 77 feet to the point of termination of this descrip- tion on the Southerly boundary line of the City of Redding as shown on that certain Record of Survey in Book 22 , at page 1, of Land Surveys in the Office of the Recorder, Shasta County, California. Said point of termination bears S. 42°53 ' 42" W. , 411 . 50 feet from 6" x 6" concrete monument as shown on said Record of Survey . Containing 1. 12 acres more or less . Together with and being a part of said permanent utility easement, a temporary construction easement 25 . 00 feet in width lying parallel with and adjacent to the Northeasterly limits of the before described easement. Beginning at said point of beginning and continuing to said Point "A" ; thence from said Point "A" , to the point of termina- tion on the southerly boundary of the City of Redding , said temporary construction easement lies parallel with and adjacent to the westerly limits of the before described permanent utility easement, containing 1. 86 acres more or less. Parcel 2: Being in Section 15 of the P . B. Reading Grant, in the City of Redding , Shasta County, California, more particularly described as follows: A strip of land 15 . 00 feet wide lying 5 . 00 feet southerly and westerly of the following described line and 10 . 00 feet northerly and easterly of said line . Commencing at the 1/4 section corner common to Sections 15 and 16 of said P. B. Reading Grant, thence N. 45°04 ' 45" E. , along the midsection line of the Southeast 1/2 of said Section 15, a distance of 774 . 59 feet to the true point of beginning. Thence from said point of be- ginning and leaving said midsection line N . 88°44 ' S5" W. , 256 . 72 feet, thence along the arc of a 200 . 00 foot radius curve to the left having a radial bearing of N. 88 °04 ' 39" W. and a central angle of 25°02 ' 07 " a distance of 87 . 39 feet; thence leaving said curve N. 23°06 ' 46" W. , 410 . 00 feet; thence along the arc of a 300 . 00 foot radius curve to EXHIBIT D the left, having a central angle of 10°28 ' 16" a distance of 54 . 83 feet to the point of termination of this description on the easterly line of that certain parcel of land described in Look 951 , at page 326, of Official Records in the Office of the Recorder, Shasta County, California. Said point of termination bears S. 23°06 ' 46" E. , 76 . 99 feet from the Northeast corner of said parcel of land. Containing 0 . 28 acre more or less. Together with and being a part of said permanent utility easement, a temporary construction easement 25 . 00 feet in width lying parallel with and adjacent to the northerly and easterly limits of the before described easement. Containing 0 . 46 acre more or less . • • • • • • EXHIBIT D (continued)