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Home My WebLink AboutReso. 78-142 - 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 a Sewer Line for North Bonnyview Sewer Assessment District RESOLUTION NO. 7 }f2—/ 14y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE1ACQUISITION OF CERTAIN EASEMENTS FOR A PUBLIC IMPROVE- MENT, TO WIT, FOR THE CONSTRUCTION AND MAINTENANCE OF A SEWER LINE FOR THE NORTH BONNYVIEW SEWER ASSESSMENT DISTRICT. 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, a sewer line for the North Bonnyview Sewer Assessment District, and Government Code Section 37350. 5 authorizes the City to acquire the necessary easements for said public improve- ment 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 has reviewed the. negative declaration prepared in connection herewith and determines that no significant effect on the environment. is created hereby. 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 1 through 10 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 improve- .4 property is necessary therefor. Pa —1— . 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. 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 21st day of August, 1978 , and was duly adopted at said meeting by the following vote: AYES : COUNCILMEN: Fulton, Gard, and Demsher NOES: COUNCILMEN: None ABSENT: COUNCILMEN : Kirkpatrick, and Pugh - 4 „...„9 ____ 2________ • ALD .M. DEMSFIER Mayor of the City of Redding AT-TEST: Ohe_extit...e .t:)6Aftt c, Z7-1 MILDRED L. BRAYTON, City Clerk FO APPROVED: EARL D. MURPHY, City Attorney -2- • • Barker, Raymond and Alma F. 048-170-12 An eight (8) foot wide easement for general utility purposes lying northerly of and adjacent to the southerly line of that certain parcel more particularly described in Book 791 of Official Records, at page 525 , Shasta County Records. Barker, Raymond F . and Alma F. 048-170-15 An easement for general utility purposes being the easterly 209. 31 feet of the northerly two (2) feet of that certain parcel more particularly described in Book 1351 of Official Records , at page 412 , Shasta County Records. Together with another easement for general utility purposes lying five (5) feet westerly of and adjacent to the easterly line of the parcel as previously described. • Blomster, Nolan M. and Helen M. 048-180-04 A five (5) foot wide easement for general utility purposes lying southerly of and adjacent to the most northerly line of that certain parcel more particularly described in Book 644 of Official Records, at page 522 , Shasta County Records. Blomster, Nolan M. and Helen M,/Blomster, James E. 048-180-05 A five (5) foot easement for general utility purposes lying south- erly of and adjacent to the most northerly line of that certain parcel more particularly described in Book 646 of Official Records , at page 127, Shasta County Records. EXHIBIT 1 • • • Burlison, Theodore and Alene 048-280-25 • A thirty-five (35) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 1147 of Official Records, at page 392, Shasta County Records. • Casey, Teresa 048-280-30 A five (5) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 1323 of Official Records , at page 378 , Shasta County Records. • Deay, Frederica Clara 048-280-01 • A thirty-five (35) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 1192 of Official Records, at page 270 , Shasta County Records. Dietrich, Mary D. 048-280-29 A five (5) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 1315 of Official Records , at page 683 , Shasta County Records. EXHIBIT 2 • • • Downing, Dorothy A. 048-280-09 A five (5) foot wide easement for general utility purposes lying northerly of and adjacent to the southerly line of that certain parcel more particularly described in Book 661 of Official Records, at page 616 , Shasta County Records. Ebberts , Charles W. and Elsie I./Dept. of Veterans Affairs 048-280-02 A thirty-five (35) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 794 of Official Records, at page 134 , Shasta County Records. EXHIBIT 3 • • Eriks , Cornelius and Marilyn 048-160-24 A ten (10) foot wide easement for general utility purposes lying five (5) feet on each side of the following described centerline: Commencing at the southwest corner of Lot 5 , as shown on that certain "Map of Bonnyview" , Book of Old Plats , page 27, Shasta County Records; thence along the southerly line of said Lot 5 , N. 67°04 ' 10" E. , 121. 38 feet to a point hereinafter called "Point A" , the true point of beginning; thence running the following bearings and distances, N. 1°17 ' 37" E. , 67. 73 feet; thence N. 9° • 46 ' 57" E. , 308..06 feet; thence on a 260 foot radius curve to the right, through a central angle of 35°38 ' 35" , a distance of 161. 74 • feet to a point hereinafter called "Point B" , the point of termina- • tion: Together with a ten (10) foot wide easement for general utility purposes lying southerly of and adjacent to the following described line : Commencing at "Point B" , the point of termination of the previously described easement, the true point of beginning; thence running the following bearing and distance, N. 77°44 ' W. , 283. 80 feet to the point of termination. Sidelines to be lengthened or shortened to meet existing property lines. Together with a ten (10) foot wide easement for general utility purposes lying easterly of and adjacent to the following described line: Commencing at "Point B" , the true point of beginning; thence running the following bearing and distance, N. 39°48 ' 45" E. , 185. 45 feet to the southerly right of way line of East Bonnyview Road, the point of termination. Together with two five (5) foot wide easements for general utility purposes lying two and one-half (2 . 5) feet on each side of the following described centerline: (1) Commencing at "Point A" ; thence N. 1°17 ' 37" E. , 67. 73 feet; thence N. 9°46 ' 57" E. , 77 .00 feet, to the true point of beginning; thence S. 80°13 ' 03" E. , 35. 00 feet, to the point of termination. (2) Commencing at "Point A" ; thence N. 1°17 ' 37" E. , 67. 73 feet; thence N. 9°46 ' 57" E. , 247. 00 feet to the true point of beginning; thence S. 80°13 ' 03" E. , 35. 00 feet, to the point of termination. EXHIBIT 4 • Felstet, Emil and Rhoda • 048-180-01 • • • A TWENTY (20) FOOT WIDE EASEMENT FOR GENERAL UTILITY PURPOSES LYING SOUTHERLY OF AND ADJACENT TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT TILE SOUTHWEST CORNER OF LOT 8, AS SHOWN ON THAT CERTAIN "MAP OF BONNYVIEW," BOOK OF OLD PLATS AT PAGE 27, SHASTA COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID LOT 8, N. 7°45' W. , 757.51 FEET TO THE NORTHWEST • CORNER OF THAT CERTAIN PARCEL DESCRIBED IN BOOK 193 OF OFFICIAL RECORDS AT PAGE 291, SHASTA COUNTY RECORDS; THENCE . ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, N. 67°00' E. , 21 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF EAST BONNYVIEW ROAD; THENCE, ALONG SAID EASTERLY RIGHT • OF WAY LINE, S. 7°I:5 E. , 15.6 FEET; THENCE, N. 67°00' E., 318.7 FEET TO THE TRUE POINT OF BEGINNING, THENCE, CON- TINUING ALONG SAID LINE N. 67°00' E. , 40.00 FEET TO THE POINT OF TERMINATION. • TOGETHER WITH A FIVE (5) FOOT WIDE EASEI€NT FOR GENERAL UTILITY PURPOSES LYING NORTHERLY OF, ADJACENT TO, AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: • COMMENCING AT THE SOUTHWEST CORNER OF 'LOT 8, AS SHOWN ON THAT CERTAIN "MAP OF BONNYVIEW," BOOK OF OLD HATS AT PAGE 27, SHASTA COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID LOT 8, N. 7°45' W. , 757.51 FEET TO THE • NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN . •BOOK 193 OF OFFICIAL RECORDS AT PAGE 291, SHASTA 'COUNTY RECORDS; THEKE, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, N. 67°00' E. , 21 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF EAST BONNYVIEW ROAD; THMICE, ALONG SAID EASTERLY RIGHT OF WAY LINE, S . 7°45' E. , 15.6 FEET; THENCE, N. 67°00'E. , 303.7 FEET; THENCE S . 23°00' E. , 330.00 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THAT CERTAIN 0.875 PARCEL DESCRIBED IN BOOK 646 OF OFFICIAL RECORDS AT PAGE 127, SHASTA COUNTY RECORDS; • THENCE, ALONG SAID NORTHERLY LINE S. 67°00' W. , 305.00 • FEET TO THE TRUE POINT OF BEGINNING; THENCE RUNNING THE • FOLLOWING BEARING ANT DISTANCE, N. 67°00' E. , 600.00 FEET TO TIE POINT OF TERMINATION. • • • • • EXHIBIT 5 • Fryer, Finley L. • • 048-280-12 • A five (5) foot wide easement for general utility purposes lying southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 1389 of Official Records , at page 302 , Shasta County Records. Griffin, John P. and Margaret E. 048-170-08 A five (5) foot wide easement for general utility purposes lying two and one-half (2.5) feet on each side of a centerline lying nine and one-half (9. 5) feet easterly of and parallel to the westerly line of that certain parcel more particularly described in Book 935 of Official Records, at page 440 , Shasta County Records. • • Gullixson, Blanche 048-170-16 An easement for general utility purposes being the westerly 131. 16 feet of the northerly two (2) feet of that certain parcel more particularly described in Book 1284 of Official Records, at page 616 , Shasta County Records. Together with another easement for general utility purposes lying five (5) feet easterly of and adjacent to the westerly line of the parcel as previously described. Hagen, Margaret 048-180-19 A five (5) foot easement for general' utility purposes southerly of and adjacent to the most northerly line of that certain parcel more particularly described in Book 1170 of Official Records , at page 15, Shasta County Records. EXHIBIT 6 • • Izzard, L. J. and Thelma 048-170-04 A TWENTY (20) FOOT WIDE EASEMENT FOR GENERAL UTILITY PURPOSES LYING TWENTY (20) FEET NORTHERLY OF AND ADJACENT TO THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 8, BONNYVIEW TRACT, AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 14 OF LAND SURVEYS AT PAGE 19, SHASTA COUNTY RECORDS: THENCE ALONG THE NORTHERLY LINE OF SAID LOT 8, N. 67°04 '10" E. , 23.07 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF EAST BONNYVIEW ROAD; THENCE FROM A TANGENT WHICH BEARS S .10°17'27" E. , ALONG A 730 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 3°21'27", A DISTANCE OF 42.78 FEET TO A 6" x 6" CONCRE L MONUMENT. THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE S . 6°56' E. , 155.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE RUNNING THE FOLLOWING BEARING AND DISTANCE, N. 67°08'10" E. , 332.00 FEET TO THE POINT OF • TERMINATION. TOGETHER WITH A FIVE (5 ) FOOT WIDE EASEMENT FOR GENERAL UTILITY PURPOSES LYING TWO AND ONE-HALF (2.5) FEET ON EACH SIDE OF THE FOLLOW- • ING DESCRIBED CENTERLINE: COMMENCING AT THE TRUE POINT OF BEGINNING OF THE PREVIOUSLY DESCRIBED EASEMENT; THENCE N. 67°08'10" E. , 235.00 FEET; THENCE N. 22°51'50" W. , 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RUNING THE FOLLOWING BEARING AND DISTANCE, CONTINUING ALONG SAID BEARING, N. 22°50'51" W. , 40.00 FEET, • MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 25 OF LAND SURVEYS AT PAGE 24, SHASTA COUNTY RECORDS, THE POINT OF TERMINATION. • • EXHIBIT 7 • • • Jordan, Kenneth C. and Phyllis R. 048-180-12 A five (5) foot easement for general utility purposes lying south- erly of and adjacent to the most northerly line of that certain parcel more particularly described in Book 1096 of Official Records, at page 42 , Shasta County Records. Melendy, William and Genevra 048-290-04 A thirty-five (35) foot wide easement for general utility purposes lying southerly and adjacent to the most northerly line of that certain parcel more particularly described in Book 1058 of Official Records, at page 26 , Shasta County Records. Molter, Joseph and Einda/Dept. of Veterans Affairs 048-280-03 A thirty-five (35) foot wide easement for general utility purposes lying southerly of and adjacent to the most northerly line of that certain parcel more particularly described in Book 1292 of Official Records , at page 148 , Shasta County Records. Nichols, Michael W. and Sonja/Dept. of Veterans Affairs 048-280-08 • A five (5) foot wide easement for general .utility purposes lying northerly of and adjacent to the southerly line of that certain parcel more particularly described in Book 1311 of Official Records , at page 228 , Shasta County Records. EXHIBIT 8 • Rants , Clarence 048-180-23 An easement for general utility purposes, which runs ten (10) feet east and west and five (5) feet north and south and is located in the northeast corner of those certain combined parcels called Parcel 1 and Parcel 2 and more particularly described in Book 765 of Official Records, at page 7 , Shasta County Records. Ruggeri , Richard and Lois 048-170-11 An easement for general utility purposes being the easterly 70 feet of the southerly eight (8) feet of that certain parcel more particu- larly described in Book 803 of Official Records, at page 303 , Shasta County Records. Shultz, Marvin and Nancy 048-180-21 An easement for general utility purposes running five (5) feet north and south and ten (10) feet east and west and lying in the northwestern corner of that certain parcel more particularly described in Book 948 of Official Records, at page 250, Shasta County Records. • Siefken, Milton H. and Margaret 048-280-10 A five (5) foot wide easement for general utility purposes lying northerly of and adjacent to the southerly line of that certain parcel more particularly described in Book 1282 of Official Records, at page 220 , . Shasta County Records. • • • EXHIBIT 9 • Smalley , Paul L. and Echo V. 048-2.90-03 A thirty-five (35) foot wide by one hundred (100) foot long ease- ment for general utility purposes lying in the northwest corner and southerly of and adjacent to the northerly line of that certain parcel more particularly described in Book 255 of Official Records, at page 229, Shasta County Records. • Smith, Eugene W. and Ercell C. 048-170-13 An easement for general utility purposes being the westerly ten (10) feet of the southerly eight (8) feet of that certain parcel more particularly described in Book 768 of Official Records , at page 199 , Shasta County Records. - • Tevis, Royce S. and Susan D. 048-180-03 A five (5) foot wide easement for general utility purposes lying southerly and adjacent to the most northerly line of that certain parcel more particularly described in Book 1366 of Official Records , at page 127 , Shasta County Records. • Tipton, Mary Louise Desmond 048-280-07 A five (5) foot wide easement for general utility purposes lying northerly of and adjacent to the southerly line of that certain • parcel more particularly described in Book 347 of Official Records , at page 189 , Shasta County Records. . EXHIBIT 10 tI z `r BONNYVIEW {� SCHOOL. ="sue l��-TAT , r- 4- 5- -ZI 4-4 \ /44-