HomeMy WebLinkAboutReso 2004-102 - Eminent Domain
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RESOLUTION NO. 2004-102
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF
REDDING TO ACQUIRE REAL PROPERTIES BY EMINENT DOMAIN FOR
PERMANENT RIGHT-OF-WAY EASEMENTS FOR SECOND PUBLIC-
STREET ACCESS.
PROPERTY OWNERS: SHASTA COUNTY T ANGLEWOOD VILLAGE
HOMEOWNERS ASSOCIATION; MARIL YNM CLARK FAMILY TRUST;
EVELYN F. SILLS, IRENE A. OTTMAN; AND LUCILLE D. GOULART
TRUST 1992
(Code of Civil Procedure ~ 1245.330)
THE CITY COUNCIL OF THE CITY OF REDDING, by a vote offour-f"uths or more of
its members, FINDS, DETERMINES, DECLARES and RESOLVES that:
1. The City of Redding ("City") intends to cause the construction of apublic-street connection
between Street "B" (cul-de-sac), as shown on the Approved Tentative Subdivision Map S-2-02
for Vista Ridge Estates, Unit 2, dated January 7, 2003, and Buckthorn Drive, matching the
pavement, curb, and gutter section of Buckthorn Drive, and a four-foot sidewalk on the east
between Street "B" (cul-de-sac) and Tanglewood Drive (Project), a public use, and, in connection
therewith, acquire permanent right-of-way easements, in, across, and to Buckthorn Drive.
General Plan Health and Safety Element Policies HS4J and HS4 generally require that residential
neighborhoods having 50 or more dwelling units have at least two points of public-street access and that
cul-de-sac and dead-end streets not exceed 600 feet in length. The existing Vista Ridge Subdivision, Unit
1 contains 67 single- family residential lots with a single access/exit offTanglewood Drive. Per the City's
General Plan, the acquisition of perm~ent right -of-way easements in, to, and across Buckthorn Drive are
necessary for second public street access for the existing subdivision.
In addition, a proposed subdivision by Opus Development in its Approved Tentative Subdivision
Map S-2-02 will further increase the number of dwelling units in this area. The proposed subdivision will
add an additional 35 dwelling units, increasing the total amount of dwelling units with a single access/exit
point to 102. At the present time, the only public-street access to the proposed subdivision site is through
the local streets within the adjoining Vista Ridge Subdivision, Unit 1 discussed above, which with 67 single-
family residential lots, already exceeds the number of ~wellingunits for a single access/exit point as set forth
in the City's General Plan.
The proposed project and property acquisition are planned or located in the manner that will be most
compatible with the greatest public good and the least private injury. Buckthorn Drive was originally
intended as access to accommodate development to the north. As such, it was intended to serve the need
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for which the City must now acquire right -of-way easements. Moreover, a public easement for utilities and
related purposes presently exists in the common areas owned by the Shasta County Tanglewood Village
Homeowners Association, including Buckthorn Drive. Any other possible access points to the east, west,
or south are entirely privately owned and not as feasible. The City Fire Marshal also supports use of
Buckthorn Drive as a public street to satisfy the City's General Plan policies referenced above and finds
that gates or barricades will not satisfy the health and safety concerns addressed in the General Plan. The
wildland fire in 1999 that caused evacuation of the existing Vista Ridge Estates Subdivision, Unit 1, further
underscores the public necessity of a second public street access with the difficulties presented by
evacuating an area with 67 units with only one public street access.
The acquisition of permanent right -of-way easements in, to, and across Buckthorn Drive will remedy the
deficient access that currently exists and will prevent further diminishing of access and circulation when the
additional 35 dwelling units are completed. With the completion of the Browning Road connection, recent
City traffic surveys show that increased traffic over Buckthorn Drive will not be significant. As such, the
proposed project and property acquisition are planned or located in the manner that will be most
compatible with the greatest public good and the least private injury.
2. The City of Redding is authorized to acquire the properties described in Appendix A (Exhibits
A through A -4 and Exhibits B through B-4) attached hereto and made a part hereof, and to exercise the
power of eminent domain for the public use set forth herein in accordance with the California Constitution
and California Eminent Domain Law, Code of Civil Procedure S1230.01O et seq., and pursuant to
California Government Code SS37350.5 and 40404.
3. The properties to be acquired consist of portions of Assessor's Parcel Numbers 117-
220-026,117-220-027,117-220-028,117-220-029, and 117-220-033, located at Buckthorn Drive in
Redding, Shasta County, California. The properties to be acquired are more particularly described in
Appendix A (Exhibits A through A-4 and Exhibits B through B-4) attached hereto and incorporated herein
by reference, together with maps thereof.
4. On May 28,2004, there was mailed a Notice of Hearing on the intent of the Redding City
Council to adopt a Resolution of Necessity for acquisition by eminent domain of the real properties
described in Appendix A herein, which Notice of Hearing is attached hereto as Appendix B and
incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names
appear on the last equalized County Assessment Roll as having an interest in the properties described in
Appendix A, and to the addresses appearing on said Roll. Said Notice of Hearing advised said persons
of their right to be heard on the matters referred to therein on a date and at the time and place stated
therein.
5. On June 11,2004, there was mailed an Amended Notice of Hearing on the intent of the Redding
City Council to adopt a Resolution ofN ecessity for acquisition by eminent domain of the real properties
described in Appendix A herein, which Amended Notice of Hearing is attached hereto as Appendix C and
incorporated herein by this reference. Said Amended Notice of Hearing was mailed to all persons whose
names appear on the last equalized County Assessment Roll as having an interest in the properties
described in Appendix A, and to the addresses appearing on said Roll. Said Amended Notice of Hearing
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advised said persons of their right to be heard on the matters referred to therein on a date and at the time
and place stated therein.
6. The hearing described in said Amended Notice of Hearing was held on June 21,2004, at the
time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing
was closed.
Based upon the evidence presented, the City Council ofthe City of Redding, by vote of
four-fifths or more of its members, FURTHER FINDS, DETERMINES, DECLARES, and
RESOLVES each of the following:
a. The public interest and necessity require the proposed Project;
b. The proposed Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
c.. The properties described herein in Appendix A (Exhibits A through A-4 and Exhibit
B through B-4) are necessary for the proposed Project;
d. The offers required by Government Code ~ 7267 .2( a), together with the accompanying
statements of and summaries of the basis for the amounts established as just compensation,
were made to the owner or owners of record, which offers and accompanying
statements/summaries were in a form and contained all of the factual disclosures provided
by Government Code ~7267.2(a);
e. All conditions and statutory requirements necessary to exercise the power of eminent
domain ("the right to take") to acquire the properties described herein have been complied
with by the City of Redding; and
f. The City of Redding has fully complied with the provisions of the California
Environmental Quality Act for the Project.
7. The City Attorney is hereby AUTHORIZED and EMPOWERED:
a. To acquire in the name of the City of Redding, by condemnation, the properties described
in Appendix A (Exhibits A through A-4 and Exhibits B through B-4), attached hereto and
incorporated herein by this reference in accordance with the provisions of the California
Eminent Domain Law and the Constitution of the State of California;
b. To acquire the properties as permanent right-of-way easements;
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name
of the City of Redding such proceedings in the proper Court as are necessary for such
acquisition; and
d. To deposit the probable amount of compensation based on an appraisal, and to apply to
said Court for an Order permitting the City of Redding to take immediate possession and
use of said properties for said public uses and purposes.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a
special meeting of the City Council of the City of Redding on the 21 st day of June, 2004, by the following
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four-fifths or more vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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COUNCIL MEMBERS: Cibula, Kight, Mathena, Stegall, and Pohlmeyer
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Attest:
, Mayor
Form Approved:
~-&~
n..eBrad L. Fuller, City Attorney
f DARRYE.DeWALT
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APPENDIX A
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Exhibit A
All that portion of Buckthorn Drive and Common Area "I" as shown on the map of Tanglewood
Village Subdivision, Unit No.1, recorded September 6,1979, in Book 16 of Maps at Page 18,
Shasta County Records, in thE~ Southeast quarter of Section 30, Township 32 North, Range 4
West, M.D.M., described as follows:
Beginning at the Northwesterly corner of said Common Area "I"; thence South 87014'35" East, a
distance of 4.51 feet; thence South 00050'18" East, a distance of 84.67 feet; thence along a 27.20
foot radius curve concave to the Northeast, having a central angle of71 029'22", a distance of 33.94
feet to a point on the Easterly line of Said Common Area "I"; thence on and along said Easterly line,
South 02045'25" West, a distance of 0.14 feet to the Southeasterly comer of said Common Area
"I", also being the Southwesterly corner of Lot 121 as shown on said map; thence on and along the
Southerly line of said Lot 121, through a 32.00 foot radius curve concave to the Northeast, the
center of which bears North 15023'33" East, having a central angle of 12038'08", a distance of 7.06
feet; thence leaving said Southerly line, North 8]D 14'35" West, a distance of 94.19 feet to a point
on the Southerly line of Lot 153 as shown on said map; thence on and along the Southeasterly line
of said Lot 153, through a 32.00 foot radius curve concave to the Northwest, the center of which
bears North 02045'25" East, having a central angle of 93035'43", a distance of 52.27 feet; thence
on and along the Easterly line of Lots 153 through 156 as shown on said map, North 00050'18"
West, a distance of 142.53 feet to the Northeasterly corner of Said Lot 156; thence North 89009'42"
East, a distance of 30.00 feet; thence South 00050'18" East, a distance of 68.27 feet to the point
of beginning.
Containing 6213 square feet more or less.
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Exhibit A-1
All that portion of Lot 153 as shown on the map of Tanglewood Village Subdivision, Unit No.1,
recorded September 6, 1979, in Book 16 of Maps at Page 18, Shasta County Records, in the
Southeast quarter of Section 30, Township 32 North, Range 4 West, M. D.M., described as follows:
Commencing at the Southwesterly corner of Said Lot 153; thence on and along the Southerly line
of said Lot 153 South 87014'35" East, a distance of 71.13 feet to the TRUE POINT OF
BEGINNING; thence along a 27.77 foot radius curve concave to the Northwest, having a central
angle of 93035'43", a distance of 45.36 feet; thence North 89009'42" East, a distance of 4.00 feet;
thence North 00050'18" West, ,a distance of 26.74 feet to a point on the Northerly line of said Lot
'153; thence North 89009'42" E.ast, a distance of 0.50 feet to the Northeasterly corner of said Lot
153; thence on and along the Easterly line of said Lot 153, South 00050'18" East, a distance of
22.53 feet; thence along a 32.00 foot radius curve concave to the Northwest, having a central angle
of 93035'43", a distance of 52.27 feet to the TRUE POINT OF BEGINNING.
Containing 85 square feet more or less.
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Exhibit A-2
All that portion of Lot 154 as shown on the map of Tanglewood Village Subdivision, Unit No.1,
recorded September 6, 1979, in Book 1"6 of Maps at Page 18, Shasta County Records, in the
Southeast quarter of Section 30, Township 32 North, Range 4 West, M.D.M., described as follows:
The Easterly 0.50 feet, as measured at right angles to the Easterly line of said Lot 154.
Containing 20 square feet more or less.
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Exhibit A-3
All that portion of Lot 155 as shown on the map of Tanglewood Village Subdivision, Unit No.1,
recorded September 6, 1979, in Book 16 of Maps at Page 18, Shasta County Records, in the
Southeast quarter of Section 30, Township 32 North. Range 4 West, M.D.M., described as follows:
The Easterly 0.50 feet, as measured at right angles to the Easterly line of said Lot 155.
Containing 20 square feet mOrE~ or less.
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Exhibit A-4
All that portion of Lot 156 as shown on the map of Tanglewood Village Subdivision, Unit No.1,
recorded September 6, 1979, in Book 16 of Maps at Page 18, Shasta County Records, in the
Southeast quarter of Section 30, Township 32 North, Range 4 West, M. D. M., described as follows:
The Easterly 0.50 feet, as measured at right angles to the Easterly line of said Lot 156.
Containing 20 square feet mon~ or less.
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APPENDIX B
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OFFICE or THE CITY CLERK
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777 Cypress Avenue. Redding. C'\ 96001
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. P.D; Box,496071. Redding. cA 96049-6071
530.225.4055 fAX 530.225.4463
Connie Strohmayer. City Qerk
. Toni Sherman. Assistant Cfty Qerk .
. NOTICE OF'HEARING REGARDING THE INTENT OF
THE CITY'COUNCIL'OFTHE CITY.OF REDDING'. TO
, ACQillREPROPERTYBY EMINENT DOMAIN > ..'
via C~rtijieiMail, Return Receipt Requested
. and Regular Mail. . .
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MarilYn M Clark, Trustee
'Marilyn M. Clark Famiiy Trust
69:6 :Buckthorn Pnve
.. '. Redding, 'CA . 9,6003' .
, .
. Re:' Notice ofHeariilg Reg~rdingAdoption'Ofa:Resolutioll of"
Necessity to Acquire Property. by 'Eminent Domain
. (California Code of Civil Procedure ~1245.235)
.Dear Ms. Clark:
i.. .NotIce, ofthe intent oftheCity Counc.il('~Councn,,)ofthe CitY ofReddirig'("(;ity.'f.
to adopt a Resolution of Necessity. The COUDcilintenqs t'o coIlsid.erthe adoption ofaResolution
of19'ecessity on Tuesday, June 15l, 2004, at 7 p.m.,. that, if a~opted;.wjIJ authorize the Qjtyto' . .
acquire the properties . described herein by eminent domain for: (a) permanent right-of-way
'easements in, across, and to Buc~om Drive necessary for second puqlic street access as required
. by the City's General Plan; (b) construction ofapublic-stn~et connection between Street "B" (cul-
de-sac), as shown on the Approved Tentative Subdivision Map 8-2-02 for Vista Ridge Estates, Unit
2, dated January 7, 2003,imd Buckth'orn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewal~ on the east. between Street "B" (cul-de-sac) and
TanglewQodDrive. The acquisition is necessitated by the City's GeIleratPlan.
A copy of .the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. iA description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
2. Notice of your right to appear and be heard. Please take notice that the City Council
of the City of Redding, at its regular meeting to be held on Tuesday, June 15, 2004, at 7 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Street, Redding, California, will hold a hearing"~Jl whether such a Resolution of Necessity should
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. Notl~e ofH.e~J1~ing'
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. . be ad~pted; as ~equired by CaIifomiaCode.ofCivil Procedure ~ 1245~270~:for the.conimenc~ment' . . .
ofan eminent 90main pro'ceedin~ to:acqtiire rearpr6pe~.'. " . . . .
" .'
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You have a right to appear and be .heard before' tpe Council at the above .sc~edul~d ~eariIig '.
'. on the.followinKma!ters an4 issues, and to have tpe Co:uncil give jU9icio~s consi~eration to your
.testiriI<~ri.y prior tq deciding'whetl1er or ~otto adopt the pr()posed. Resolution ofNc::cessity: .'
. ", a:
. b.
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:: Whetller the' publIc'i~terest and necessitY requi~e the proposed' project;; . .' . .
. Whether the 'proposed proje~t is planned. or 'I.ocated:inthe" m~ulner that wnt. be most-
compati~le '~ilh the weate.st publIc good and the least. private injury; . " .' . .
Whether the property sought, to. be acquired by eminent domain and, described in the
. Resolution of Necessity'i~ ne~essarYfodhe proposedprojed; ..... :
d. Whether .the offer' required. by Governiitenf.cod,e 97267.2(a)," .together with the' .'
at;conipanyirig statement', and sUmmary. of. the basis for the arnpunt es!~lishedas. JU,sf.
cOJjJpensation, was,actually made ,toyol,1 anif'whether said:offer.andst~~emei1tisl,1~un~ry: .
were in,a.form ~nd Gontairied~lo.f.the fadlial'infonnati'On-required.by'o.oyernrtterit Cod~' . .
:~7267.2(a),acop:V'ofwhich:jsatt~c.hedhetet().,' ...,,:.... ,':' .:..~'.' . '.':. "'.. . : "'." . . ,.,
.. e. . Whether-the 'City of Hedding hascompli~~'Vvith aJI coriditio~s.an(r shlttitOry requh:e'ments.' ....
necessary to'exercise the.powerof eminent domain (the ;'iight to take") to acquire the '.
'property describedhereiri, as well as any other matter regarding the right to take' said.
. property. by'eminept domain; and.' ' . . '. .
. f. " Whether.tbe Gity.ofRedding qas statutory'authontyto.(!.cquirethe prop~rtY'by:ern.i.nent :....,
'. domain.' .
. c.
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. Th~ Marilyn M.',Clai"k Fantiiy .Trust appeais onth~. City's liti~tjimguar:antee an~t: on the last .. .
equalized CountY()f'Shastaa~sessmentrollas Qwner of p~operty located 'on Buckthorn Drive "
. (APN 117 -220~026) that is: required .for the proposed project. '" .
. .
The statutes that authorize. the City to acquire the property by eminent domain for this
proposed project are GovernmerJ1Co~e ~9 37350.5 and 40404. . . '. .
3.' . Failtire to file. a Written Request t(} Be' Heard Within Fifteen (15) Days after the
Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire .
to be heard, please be advised that you .must file a written request with the. City Clerk of the City'
of Redding within fifteen (15) days after this Notice was'mailed, You mustfile your request to be
heard at the office of the. City Clerk located on the third floor of the Civic Center, 777 Cypress
Avenue, Redding, California 9600.1-2817. '
Should you elect to mail your request to the City Clerk, it must be actually received by the
City Clerk for filing within fifteen (15) days after this Notice was mailed. '.
The date of mailing appears at the end of this Notice.
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Notice ofl!ef!r~n$'
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' CaHfomia Code of civil Procedure ~1245~235(b)(j}pro"ides that' "failure to :tile a Writt~n '
request toappeatand behe~d within fifte~n(I5) 'days after the Notice'was inal.led will result in :
waiver of the 'right to appear'and be heard" 'on the aboveniatters and'issues which are the subjec(
of the hearing. .
, If you 'elect not to appear.and ~e.he;lJ:-d..n.regard to c9~p~n~ation, your- n<<!~appearanc~ " ',. ..
Will not be a w~iver o,r'yo~r r~ght to claim greater ~ompeiis'ation. in'.-a.coury o('law. Tlne'amouDt' ' '
to 'be paid, for. the property will 'not be considered by the Conne" at the ~e.~ring~ ",: " ",
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", ' ;If yoil ele~t n~t to .appe~;~ a~~no.t.~~ b~. hearti~ yori...failure ~Q ~ppe.ar lYill b~a,wajye~'"
" . Q(your fight to later cballeJi~ethe right o~.the City to, take the pro~ertyby e~~~en.fdolnain~ "
The"amount of the compensation to be p~id f~r the acquisition ofthep~opetty, "
, ,', is' not a Illatteror issue being 'h~ardby the Coun.cil' at thistinie. " YoUr,'
: nonappearance, at tliis n6tice~ h~aririg:~l~'~o~ pre~ent you :frOin. clairiring ~:, '.
greater cOIl1pensation; in and'a's.deiemn,ned'by a cOurtofl,aw.i~ accordance,'
with, th~. iaws' 'of the, State.'of Califoinia. ~This Notice 'Is not intended to"
"fore~lose future negotiations'betWeenyou and.ilie:repre~entati~e~ ofibe Cl~~ ,
on th~famount t>fcori1i>,en~atiofi to b~paicl for':Y6urproperty~. ',' ,',' :,.', '::.'
, If you elect not to appear and not to be heard, you will only be foreclosed
from~isingin acourt?fla'Y theJ~sueswhichai-e the subject of this noticed
hearirig and, which are: coticeme~' wIth the rightt~ take the'prop~rty by....
eminent domain. . , , ' .' , .,'. ...'
, .
:' ,.., '4. ' Ratifi~aiion of fo~m~I'otf~r: topurcba~e'real propirty.Th~' City;:Co~Ci1 her~by'
ratifies and restates tbe:foimal offer made. to. you by the efty of Re'ddingon MaY'2:7, 2004; iti the,'
amount of $7,300.
If the Council.elects, to adopt-the Resoiutionof Neces~ity, then within six (6) months of the
adoption of theResolution~ the, City will commenCe eminent domain proceedi~gs in the Superior' ,
Court. In.that proceeding, the Court or jury will' determine the amount of compensation to which
you are entitled. . , ,
Dated: May 28, 2004.
.~~~itYCletk
City of Redding ,
cc: Brad L. Fuller, City Attorney
, Susan Hinz
Jeff Swanson
e
. )
-
OffiCIal THE em CLERK ..
. '"
. . .
. 1'17 Cypress Aven~e. ReddIng. CA 96001
P.O. Box 496071. ReddIng. CA 96049-6071
530.225.4055 FAX 530.225.4463
Connie Strohmayer,' CltyOerk .
Tonf Sherman. Assistant City Clerk
NOTICE OF HEMUNG REGARDINGTHEINTENT'O;F '.
THE CITY COUNCIL OF THE crtv OF REDDING .TO
ACQUIRE P;R.OPERTYBY EMINENT DOMAIN ..
, .
, ,
. ,
, Viti Certified Mail, RetUr,. .Receipt Requested '
andReg~iar.Mail, ' ,", '
Phil Cantrall, President
Shasta County Tangl~wood Village, Homeowners Association
92,3 Dana Drive,. # 12 . '
Redding, CA 96003
, .
Re: NoticeofHe~ring'R'egarding Adoption of.a Resolution'of"
Necessity, 'to, Acquire Property by Eminent I)omain,'
, (California Code of Civil Procedure ~1245.235)
Dear Mr. Cantrall:,
.1. " Notice, of the intent oftbe City Cou'nci! ("Council") of the ,City of Redding ("City")',
to adopt a 'R~solutioD ~fNe~e$sitY~ The CoUncil Uitends tocoIisider the adoptIon ora: Resolution,
, of Neces~itY on TuesdCiY, June l~, ~004,at 7 p.m., that" if ;:idopted~ Will authoriZe the city: to '
acquire the properti~s ,described herein by eminent dom~iin for:' (a) permanent right-of-way'
. easements in, across, and to Buckthorn Drive necessary for second public street access as required,
by the City's General Plan; (b) construction of a public-street connection between Street "B'~ (cul~
de-sac), as shown on the Appr?ved Tentative SubdiVision Map S-2-02 for Vista Ridge Estates, Unit
2, dated January?, 2003, and BucktQ.oni Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewalk on the east betWeen Street "B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the CIty'S General Plan.
, ,
A copy of the proposed Resolution ofNecessity that will be recommended to the City Council
for adoption accompanies this notice. A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property").
2. Notice of your right to appear and be beard. Please take notice that the City Council
of the City of Redding, at its regular meeting to be held on Tuesday, June 15,2004, at 7 p.m., or as
soon thereafter as the matter may be heard" in the City Council Chambers located at' 777 Cypress
Street, Redding, California, will hold a hearing on whether such a Resolution of Necessity should
""'(.~'J;~
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e:
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: Notice of Hearing .
Page 2
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. . be.adopted, as' req1Jiredby C~lifomla Code:ofCivil Pro'cedtire: ~1245.229;for the.commencement
ofan~minent domainpmceed#lg to acquire reidproperty,.. . , .' .' .' .' ......
. -
" :::"'"
. . The.Shasta Courity" Tanglewood .Vi'llage Homeowrters.' As~ociatiori. (HOA))las a right to
. Clppear and:be lieardbeiore.tJie (;()uIicil at .theabove'sched1Jl~d.he~rig PI1,tJ:i~'fo1l9\Ving:~atters and.'
. iS~u~s,anq to' have.the Counci1give .Jll.dici.oJ.lSco~sid~ratiQn. toSUC~' te~~~9.!:ly:prior}o deciqing. _ .
. .. : wheth~rot'norto adopt the'proposed Resoli1ti()D of NecessitY: . '. .' .. . ....:.. ,.' . .
'il: }Vh~t1id' ~epubliC i~~res;and iteciissity~quiie!hepioPosed project;' ..... ..... >. .'
. '6. Whether.:the.propose4. project'is pliulned.'or lo~fed .irith:emaiIiI~r"thatwiIJ..be~osL.
'. . .cottipa~ible with~the gr.eates(pubJicgodd an:d:~h~:least p'riYat~ 'infury;.'>_ ::. .:-; '.; "
c. 'Whether ,the 'property :~;ough.t to be acquired '.by eminerif~omain. ana d~scribed .in the . ;
. Resolution of.NecessitY..i.~ necessarY'.for the.propos.ed Ptoje~f. " ..,:'.' ....'.. . .'
d:" Whether' the off~r. .requir.ed' by:'.oovemme~t Cod~ -97~61.2(a), :.together -~ith th.e. '. . ".
.' ,,' .;;tcc~in'panying statem~rit;and sUn)in,~ :of the'.b~sis.for th~ amount 'estabJjshe~'asjus( .
. comperi~atio.n;. was 'ad~~JJy made' to. you and \yhet~et said off~r and' ~tatetnentlsummarY.. .'. . :
were'in a form '~m:(f contained .all.of the.faCttial iriform~tioit reqi1{red .by..Government' Code '.' '.' .
..... i'~7267~'2(a),if'cOPY'Ohvhichis:att~ched'heref~.: :.......:..:..,.... :.'.: . . - :'.-;" '.:'
. '.' e. .' . Whe.th~r the' CItY of B:edding ha~ co~pliedWith alrco~ditions and statutory requitem~nts" : .
... 'necess~lIy.to.:exerdse.the'po~er ',of eintnent:'domain. (the "right;tQ,.take")'to 'acquIre the .
., . . pr6p~rtY des~ribed.h~rein,as lV~~his any other. m'at(er tegarding..th~'right"t6)ake ~s~i(r .
.' 'properl1'~yeiniriei:JtdomaiiI;'arid' .:....:<. ......:. ..... --:, ,'. <,". ..... .; .:.
.{ . . 'W~ether .~h~. crty ofRe4d~tig haistat~tory authoritY..to''3c~iuire''t~~ propertY..by eminent' .
. , :dQ.main: '~:": . .' . . . . . '.'., ....
p. ".
".
. .
.' ',. . . . .'. .. .
. 3~.' 'Failure to Fite ~_Written. R~questto Be~eardWjthin' Fifteen'. (.15) .naysaft~rthe'
. . Notice Was MaH~d Wnl~esliifin',Waiver of tli~ Rightto.Appear atid.Ue Heard. '.lffhe.HOA
'. de~ifes t,o be ~'eard;. pl~ase. be advnse(:f th~t the HOAmilst. file a wdtt~n 'reqlte~t with the. CityCl.erk
of theCityofReddtng.wilhin f~fte~n (I 5) dtiys ~ftedhis 1\!otice'wasqrailed..The'HQA must'file"its .. .
request to be heard.at the qffice bfthe City Clerklocated..on the third. 60o{ofthe CivkCeriter;'777"
Cypress Avenue, .Redding, California 9.6001,.,2"817.' '.' .... , '. .
Should the-HOA eiect to mai'lits~equest t~..theCityClerk,: it IIiust be actmllly received by th~ .
e).'.
-
.e,).
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f\lotice of Nearing
'Page~ .
. . .
City Clerk for}iiing witl,1iri fi1teen (15) days after this N?tice was mailed: . '.
The date of mailing appear,s at the er:.td of this Notice.
. "'I ," '. . ." . ".' .... ..". .'. '. '. .
California Code, of C.ivil:Procedure'~ 124S.235(b)(3) provide.s' that "fail~re to file a. written'
reque~f to .app'ear ~d be heard' ~i~hin fifteen (l5J~ys after. t.h~ N6tic~ was maiied will re~ult "in..
. waiver.ofthe rigJlt.to appeai an9be.heard".on the~above matters and issues which are~e' su,bject .
. of the hearing~ "',' ' ,'. . -, ,. .,.,
':'lfyou el~~t~otto ,apP'e'~r;l~1(1 beh~~rdiri reg~l7d to.coinp~risaiion, yo~r:no~'~ppeara~c~
. . . will not be a waiver of your ri~~~H()daiiJi' greatercomp~ilsatio~ i~' a co~rt oflaw~ 'TlI1e amount" .
to be ~~idfor. the prop~rty: w;illnot be considered by, the Co~nci)attlle h~ari~g,; .
. ", t . ,
. If YOu' elect not to' appear aQd not to.be heard, your: failure to'appe;.r,will-be.a waiver.
ofyo~~ iighfto'later. ch~lIlenge' the right of ~h~. <;it)r to take !l1e propertY by ~~inent 'doDiai~f .
. .
':", : The ~otint of the c~~penS~tion to be paid fotthe ~cquisitioh ofthe'prbperty. .
. i~ not a matter. or issue being.heardby theCotmcilat: this. time.. 'YQur:" .
ilomlppeal'ance at this noticed hearing will Iiotprevent you from claiming' a'
gt-eater compensation,.in and as' determined by a court oflaw in accordance'
.. with.the laws 9f,tlu: Sta~e of California. . This 'Notice isnQt-intended to
,foreclose futu.te negotiat~oils hetween you arid the representatives ofthe ~ity .
on theam()uni ofcompensatioIt to be p~dfor' YO':lf property: . .
If you: cleCt not' to. appear' and' not t() be. heard', you will. <mly be' foreclosed
. '. .frorilraisirig in a' court 'oflawthe i~ries .which ar~ .the' sUQject of this,Ii:oticed :
hearing and which are concerned' with the right to take the property by'
eminent domain. . .
4~ Ratification of formal.offer to purchase real property. . The CitY Council hereby
. ratifies and restates the formal Offer. to Purchase Assessor's Parcel No'. 117-220-033 made to the .
HOA by the City of Redding on-May 27,2004, in the amount of $300. ".'.".- .'
If the Council elects to adopt the Resolution of Necessity, then within' six (6) months of the
adoption of the Resolution, the City will commence eminent domain proceedings in the' Superior
Court. In that proceeding, the Court or jury will determine the amount of compensation to which
the HOA is entitled.
Dated May 28, 2004.
~~Clerk
City of Redding .
cc: Brad 1. Fuller, City Attorney
Susan Hinz
Jeff Swanson
omci, onJfl:clTY CLERK .
. 77-7 Cypress Avenue, 'Reddlng; CA 96001
P.O. Box 496071. Redding. CA 96049-6071
530.225.4055 FAX 530.225;4463
Connie Strolimay~r~ Oty Oerk
Toni Sherman: Assistant Oty Clerk
,"
NQT1CE OF:aEARiNGREGARDINGTHEJNTENJ;' OF,
TIm CITY COUNCIL OF l'HECIJ'Y O~ REDDING: TO
. ACQ.UIRK'PROPERTV BY,EMINENTDOMA!N
. .
. .
. , .
'. Via Certified M.aii~Reiur.n Receipt Requested
'and Regu;ar Mail . . .
Evelyn F;Sills
68'8 Buckthorn'Drive
Redding, cA 96003
Re: .
. ,". .... . f.. ", .
Notice: of Hearing ~egardhig Adoption' of a Resohition 'of' .
Necessity. to' Acquire Property by. Emin'ent Domain
(California,Code.of Civil Procedure ~1245.235)
",: '.
Dear Ms. Sills: .
. . . . . . - .
. . l~' :. Notice of ~he illte~t o.f the CityC~uncil ("Council") .~ftheCity.~fR~4ing (~City")" .:
,t9 adopt aR,eSol~tion .of Necessity. The CoUncil intends to con~id'er the' adopti(jn of a: Resolution"
'ofNecessityonTuesday, June 15, 2004, at 7 p.rt....; that, if ad6pte~, will authorize the City to
.' acquire the' properties described .herein by eminent. domain for:, (a) 'permanent right:-of-way
easements in, across, and to Buckthorn Drive'necessary.for secondpublics~eet access as required
. by the City's' General Plan; (b) constniction ofa public-street connection between Street "B" (cul-
. de-sac),as shownon the Approved Tentative Subdivisiori Map S-2-02 for Vista Ridge Estates, Unit
2,dated January 7, 2003, and'Buckthorn Prive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewalk on -the east between Street "B" (cul"de~sac) and
Tanglewood Drive. .The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that wilf be recommended to the City
CounCil for adoption accompanies this notice.' A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
2. Notice of your right to appear and be heard. Please take notice that the City Council
ofthe City of Redding, at its regular meeting to be held on Tuesday, June 15,2004, at 7 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located at' 777 'Cypress
<::Jfr
,
....
',e'y
...
. ,
, e'l.,
, "
,Notice',of Hearing
. . ~ .
': 'Pagel'
'. . . .
Str~et, Reddi~g, California, will hold. a hearing. ~n whether such a Resoltitio~ ~fNecessity should'
be adopted~ as required by CaIlforniaCode of Civil Procedure ~1245.220,for'the commencement " ,
of an eminent domain procee4mg,to acquire realpropeJ1y.' , ,
. .. . . .
You have a right.to tlPpear' and ~eheard 'before the Council. ~t the a.boye scheduled, hearing,
on,the fo]iowing matters and 'issues; and to have the Council givejudicious consideration to your:
"testimony prior to deciding whether of. not to ad~pt the'propos~d Resolution 'OfN~cessitY:, ",
a. ',Whether'the pu.blic interestai1drtecessiiY require the proposed project; ,
b. Whether the'pmposed,projecfis planned or located in the manner ,that wi1J. be most"" ,
"compatibJ.e 'with the 'greatest- public good ,!nd the Jeast private' inju~; , , '
,c. Whether thepropet1Y 'SQtig~t.t() be acquitecf by eminent : domain"and described' in the
Resolution ,of Necessity is ,necessaryfor'the propos~d'proj~c~; , '
d., Whether tlie offer required by Government Code, g7267.:l(a), together- With, 'the'
, ' "accOInpal1yi,ngstaterilent and summar"Y' of the'basis: for the a~o4nt,e$Jabiislied as just' :
. comperiS~tion" was actualiy ,inad~ to you and whethe,,'s~id:'offet,and state,meoVsuinmary ,
,wete'ina forch ami containedaUof.th~'factuaJ'~rtforrtiation'reqtiired.Py'OoverilJnenf Code, ,__ '
g7267.2(a),'a copyof.\.Vhich"isattached'hereto. ,.',. .. .,' , ..
e. ' Whether the City of Redding has cdmplied witfr all conditions and'statutory reqUirements,
necessary to exercise the' power of eminent domain (the "right to take") to acquire ,the' ,
. property described herein; as well,;lsany othermatte,r regarding-the r,ightto take said
pf()perty by ~minel1t, domain; and' ". ., '. , " .:,' " '.' ,.','
. f. . Whether. the CitY of Reddirighas sta~Qtory aiJ'thorityto acquire the prop~rty by emin'erit
domain.' ." , , ..,. " .
. '-"
EveJyn E SiJJ~appears on the:City's Iitigationguaiantee 3pd op 'the JCls~ equaiized',County of '
Shasta as'sessment-roll as Owner of property 'located OIfBuckthorn Drive (APN 117-220-027)that .
is required for the proposed project.,. . .. ..
The statutes that, a~thorize the City,to acquire, the property by. eminent do~ain ror this. .
proposed project are Government Code gg 37350.5 anil4040fl;.....
~-~'-'. .
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3. Failure to file a Written Requestto'BeHeard Within Fifteen (15) Days after the
Notice Was Maile~ WiJI Result in Waiver of the Right to Appear and Be Heard~ If you desire
to'be heard, please be advised that you must file a writtehrequest with the CityCJerk of the City
of Redding within fifteen (15) days after this Notice was mailed. You must file your requ'est to be
heard at the office' of the City Clerk located on the third flo()rof the Civic Center, 777 Cypress
Avenue, Redding, California 96001-28]7.' .
Should you elect to, maiJ your request to the City CJerk, it must be actually received by the'
, City Clerk for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end of this Notice.
".
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Calif'oiniaCode of CivilProcediire ~ 1245.235(b )(3). provides that '''failure to file a Written
request to ~ppear and be beard within 'fifte~ (15) daysaftertbe Notice was mailed.will result'In _
waiver oftherigiit to appear and be heard" on the above matters atidjssties'whichar~ .the subjeCt
.- oftheh~aring; :. . ." -' . . '_ '. . '. .
. . . . ;' ". '. I 4 . .:; . ..' ", . { :,' ',- :
. Ifyou'elect not to appe~r and'be heard in' regard tocompensatioti,-y~ur.nonappciar~p,?~'.
'willnot be a waiver of your right to cJai~ greater cOJnpens'ation in a court' on;iw~ :the amount
to be 'paid. for the ~roperty. wiill not b!~'cpnsidere~ by t~e C~~ncil at th.e heari.?~~ ..' .
. ". ." . ',' '" " " ,"
. . . '. .
. . . . '. .
. . '.. If you' elect notto appear a~d not .to be, heard, your (ailli're t~ appear'willbe'3 w~liver.
of your rIght to iater cha.liengle'~he rightof.the Cityh).ta~e th~propei1y by erilinelitdomain~'.
. , .
The amount ofthe.cpmpensationto be paid for the acquisitiort of the property' ,',
. .isnot a. ~tt~r.'or issue ,beiitg..hear~by 'theCouncj} at:this.ti~e.' YoUr'
- nonappearance'at thi:s noticed h~aririg Will not. prevent youn-om'clijiIllirig a
'greater.compensation;- in and as deten:r$ed bYaGourt of law in 'acco(d~ce
. with. the iaws of the State of CalifornIa. . This Notice i~not' intended to
foreClose future negodati6ns b~tweeIi.you andthe representatives ofthebity.
on the amount of cODlpensation to be paid for your propertY~ ':
If you' elect not to appear and not to be heard,. you will onlY be' foreclosed
Iromraisjng in a.qourfofJaW the issueswhidh are th.~ slibje.ct ofthisn.oticed .
. hearing and' which ',are concerItt:d -with the right:' tp . tak~the'p~6perty, by
, eminent domain;' .:,' . .'. . .. ,.. ... .
: 4..' Ratific~ti()Ji'of f6~m'al offef to, purchase 'real pr~periy. The. City Co~til hereby:.
ratifies and restates the fonbaloffermade' to you by the City of Redding'on May 27;' 2004,Jn the
amount of $7,300...
. .
If the Coundl elects to adopt the Resolution of Necessity, t~en within six (6) months of the .
adoption- of the Resolution, the 'CUy wiJJ commence eminentdorriain proceedings'-Ill' the Superior
Court. In that proceeding, the Court or jurY will determine the amount of compensation to which
you are entitled. . .
Dated: May 28, 2004.
~~Clerk
City of Redding .
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
,-"\}
..~
e\
'..c,':'r,,"
.f',
, oFFle~ OF THE ern tLERK '
, n:rCypress Avenue.. Redding. CA 96001
P.O. Box 496071, Redding. CA'~6049:6071
530,225.4055 : FAX 530.2i5.4463
Connie Strohmayer. at}' aerk
Toni Sherman. Assistant Qty Qerk
~OTICEOF JE:lEARING REGARDING,THE',tNTENTOF
TlII.U'CITY ~OUNCIL OF ,THE, CITY OF ~J.>DING TO "
ACQUIRE PFtOPERTY.BY'EMINENTDOMAiN, "
. .'" .
, Vi~(jerlified Mail, R,eturn Ref.e;pt Requested "
and Regular Mail '
IreneA,Ottmai1',
, 680 Buqktborn Drive,
': Redding; CA 96003, ' ,
, Re:, N~~iceoflIe'aring Regarding Adoptioil 01 aResolution;of,'
Necessity to ~cqtiire Proper.ty' by: ~milient Domain
(California Code of Civil Procedure ~124'5.235) . ,
Dear Ms. Ottman:
1. "Notice' of the'intentoir the City Co~ncil ('~Council"l~f the CitybfRed~ing("City~'):
to adopt a ResolutiQD 9f Necessity .,The C()uncil intends to consider tbea~option ora' ResQIuti6n
of Necessity oil Tuesday~ June' 1-.5,' 2004"at 7, p.m., th~t, ifadoptett, ,~U aut~orize',theCity to'
acquire the' properties described herein :by, eminent domain: ''for:' (a) ,pennane~t right-of~way
, ~asements in, across,. ancf to Buck1hornDrive necessary for second public' street access as required'
by the City; s General Plan; (0) construction of a public-street connection' beny.een Street "13" (cui;., .
de-sac), as shown on the Approved: Tentative Subdivision-Map S~2~O~ for Vista RidgeEstates, Unit
2, daied)anuary,7, 2003"and Buckthorn Drive~ matching the pavement... curb, and guttersection of
Buckthorn Drive; and (c}a four-(Q9t sidewalk on the east between' Street"B" (cul-de-sac) and"'."
'(angIewoodDrive. 'The acquisition is necessitated by the City's General Plan. '
" A copy of the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. A description ofthe properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B throughB-4) to the
proposed Resolution of Necessity. Said properties shaH be referred to herein as "the property."
2. Notice of your right to appear and be heard. Pleas'e take notice that the City Council
of the City of Redding, at its regular meeting to be held on Tuesday, June 15,2004, at 7 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located 'at 777 Cypres's
Street, Redding, California, will hold a hearing on whether such a Resolution ofNe'cessity should
~{{':<~),
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'. '.:Notic~of Retiring.'
Page 2 :
. . .
. pe adopfed,as ~equired 'by California .Code of Civjl:Procedure ~ 1245.220, for the commencement
of an eminent domain proc.eeding to acquire real property.. . .
. . . . ".
. ..' . Y 011 have arightto appe.aI- an<tbe h~cirdbef()re.the 'Coun~il at theab()ve scpedtiIed' hearing".:
on the following'matters and issqes~ ancl:tohavetbe' Couricil'give judicious consideration. to your." '.
testimony prior to decidi~g whether ()r Dofto adopf ~he proposed Res'olu~on,of~ecessity:. .' .
. .' ..:'. ,::. '.. '. :.' . . . ~ '. .:. . .
. .
~ . ..
a.. . Whether. thfpuhiiC interest. arid 'necessitY require th~. proppsed :project;.:.. : . . .'
b. Wh~th~r 'theproposed: pr~ject is''p'lanned or :Jocated ,in . the '~anrier.tba:t will be most. .
cQmpatible:with :the.greate$tp!lblkgood'',ln~, the,least private.'Jnjury;. :..' :":. :.... '... .
-c. '\Vhether.the property ~ought:to be acquired.by.emirient Qomain a~d'.described in:the
.' Resolution of Neces~ity is ~ecessary for the propo~ed project; '.... ,
"d. Whether'the offer required by .Government COcfe .~7267..2(a), together with. the '.'
. ::accompanying statement arid sum~ary' of the basis for,t~e fl~ount established'a~ just.'
. ,compensation; was actually made to you:'a~d whether said offer an~;s:ta:tem~nt(surnmary' .:. '..
. : were.iil aJorm and'contairied:all oHheJa:c~uaJinform'~ti<>nrequire~ byG9veri1me~tCode"
.,' ~7267;2(a);acopybf.whicbisatta:ched.:'her~to~ '.' ....> .;.... ....:....'~.".,,' ..:..,
.. e. . Wheth~r the:Cityof Redding~has cOnipUeqwit~'aJJ conditioris:and. statuforyrequiteine"lfs .
- necessary to exercise the power 'of eminent domain' (the '"tight to take")' to acquire the
property described herein, as well as any Qthermatter regarding the right'to take said
property .by eminent domain;: and '. '. .
f.. Whether the. City of Redding has statutoiyautborltyto acquir~ the property byeininent, '
. . ,\. .,~ domain.. . . , '.' . .' '. ,
. . . rre~eA Otlman~p~ o~ theCity'~litig.tion guin'ani~~ndonihel~st ~~ual~d Ciiun~:. ..
. of Shasta a'ssessment roll as Owner of property'Joca.te,d .on Buckthorn. Drive (APNlI7.:. 220~028) that
. is reqtiire~ for the proposed project. . . , .
The statutes that authorize the 'City to acqUire the property by eminent domain 'for this
proposed' project are Government. Code 9~ 3735(LS. and, 40404.. .
3. . Failure to file a Written Request to Be Heard Within Fifteen (J 5) Days after the
Notice Was Mailed Will Result in Waiver of the Right to Appear and'BeHeard. If you desire
to be heard,' please be advised that you must file a Written request with the City Clerk of the City
of Redding within. fifteen (I 5) days after this Notice was mailed. You must file your request to be
heard at the office of the City Clerk located on the thirdfloQr of the Civic Center, 777 CyPress
Avenue, Redding, California 96001-2817.
Should you elect'to mail your request to the City Clerk; it .Diust be actually received by the
City Clerk for filing within fifteen (15) days after this Notice was mailed.
. .
'The date of mailing appears at the end of this Notice.
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California Code of CIvil Proc.edure ~1~45'.235(b)(3) provides that "failw-e to file a written
request to appear and'be heard withinfif1een.(15) days after the Notice was mailed will result in
waiver o~th.e ng~t to appear and bel1~ard""on.the abovem~tters and issueswliich~ai"e thesubje9t
ofthe hearing: . '. .....
. .
. .
. .... I(you'ei~Ct .Bofto appea~:~n~ be heard 'in ~~gard:t~ comJle~sati'~..,your .nOliajpp~~r~nce~.':
wiIJ not be' ~ waiver of your ri~~htt~ tlailn greater c()mpens~tiol1in.a cQurtofJaw.The ~lInount .
.to be paid. for the'properly wUl'notbe coJisider.ed'by.the Coun~iI'attheh~a.ri~g~:; :.'~ ..' "
. . .
:. 'if YOU' eiec.t'.~of t~ .appear.ani not ~o be':heard, you.r t~ihiret~ 'appear.wiii b~. a'~~i~'er'..' .
of-your rjghttolater'~halienge t~e !right ?ftheCity~t~ ~ake the:p~opeiiy b~ eminentd~D1~in~ ,'.
Th~ amoun~ of the comp~riS~tiori'tobe paidr6r theacqu.isiti()~ofthe'property' '. .
'. ,.i~.'not a ma:tt~rbr" i~S1ie heing heai"~ by. the C~Uncil'atthis'. time. '~our
: 'nonappearaIlce',at this i1o#ced~earing win'~pt prevent )rQQfrom Clainiing,a-,' "
greatercompensatioll, in' an~ ~. determined by ,a: CO,tlrt of la~ in accclidaiice . -:.', .
with .the. I~ws of:the:' .stat~ ~(Californi~: ThIs Notice is :'notinteiid~dto _ .
for~close future negotiations between you' andther~pr~sentativ~s: ofllie City '",
. on the arrtount of'coinpe.nsation to be paid for yoUr propertY. .
. . If you elect not to. appear. arid not. to be heard, YQ,u will. only be fore~losed
, from nllsing in a. courtoflawthe issueswhiqh are ,the subject of this noti.ced. ..'
. . hea~ng arid which are' 'concerned :with. the right to take' the properlY by .
. ' eminent dom~.n; ..' .. . . '..' . . ":
. . . 4.Ratificatio~: of. formal offer to purchase real'prop~rty.. The' city Council :'heieby' .
ratifies arid restates the formal offermade to you by the City of Redding on May 27,' 2004,ih the
amount of $7,300. . . .
. If the Council elect~ to adopt'the Resolution of Necessity, then within six: (6) months'of the
. adoption oHhe Resolution, the City will commence' eminent domain proceedings in the Superior
Court. In that proceeding, the Court .orjury will determine tbe amount of compensation to which .
you are entitled. ' .
Dated: May 28, 2004.
~~~=ra'tyClerk..
City of Redding
cc: Brad L. Fuller, City Attorney
Susan Hinz
J elf Swanson
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OFFICE Of THE- CITY ClERK '
, ,
. ' 777 Cypress !\Venue, R.eddJn~ tA '96001
. .
P.O. Box 496071, R~ddlrig. CA' 96049-6071
S30;2is.40~S' FAX'S30.2is.4463
Connie .StTohmayer. ~ty Clerk '
, Toni Sherman; Assistant Oty Clerk _
. , NOTICE OF HE~G REGARDIN9THE INTENT OF' ,
: THE CITY COUNCIL OF.THE CITY OF REDDING TO '~,
A(jQUIIU'P~ROPE~ri!BYEM~NtDOMAIN:, '
Via,C.ertijied'Mail, Ret~r" Ret:ldptRequested.
a~d Regular Mail:,' .
Lucille D. Goulart, Tn$tee , ,
Lucille D.. Goulart Tnist 1992
67~ Buckthorn ''Drive' ,~ ' '
'. Redding.,9A 96003,'
. "'.
Re: ',NoHceoflfteadngRegardingAdoption'ofa'Res~luti()nof',
Necessity:to Acquire' Property by Eminent Domain'
(California Code of Civil Procedur~ ~1245.235)
.': ];>ear Ms. Goulart:
. \,
. '" ,'1'- ' ' Notice ofthe inte..t ()fthe City ,CouneD ("Council") of the Cityofl{eddil\g(~'CJity").
" .. to ~dopt a Resolution of N ecessi1ty~ The Council intends to, consid~ th~ adoption ofa Resolution
,ofNe~essity ()n Tuesday,-june 15, '2004, 'at 7 p.m., that, if adopted, 'will authorize the: City 'to ' '
,acquire the properties described'herein by eminent domain 'for: (a) permanent right-of-way
, easements in, across, and to Buckthorn Drive necessary for second public street access as required'
by the City's General Plan; (bi cOllstructionofa public-street connection between Street "B", (cul-
, de-sac), as shown on the Approved Tentative Subdivision Map S~ 2~02for Vista' Ridge Estates, Unit'
2, dated January 7,.2003, and Buckthorn Drive. matching the pav~ment, curb, and 'gutter section of
B'uckthorn Drive; and (c) a four-foot sidewalk on the east between, Street "B" (cul-de-sac) and
'Tartglewood Drive. The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property:'
2. Notice of your right to appear and be heard. Please take notice that the City Council
ofthe City of Redding, at its regular meeting to be held on Tuesday, June 15,2004, at 7 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Street, Redding, California, will hold a hearing~un,whether such a Resolution of Necessity should
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Notice 01 Beathig'
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,be 'adopted, as requit:edby California Code ~fCiviI Procedure ~1245.220, for. the conimc.mce~ent
of an emineIit ~omain proceeding to acquire real property. ' ' ' , "
, , , You havea'right to appc:a:rand be he~r~ 'be,fore the'Colinc,iI at theabo~e'scheduledhearing
, on the followirtg matier~ aD.,d issues~.arid to haye the C(),ui1c~1 give judicIous consideration to your'
, '. 'testIIllony prior to deciding 'whether ,ot ,not'to adopt the proposed Resolution~fNecessity~' , ';',
" . ." . ::.' . .. . '. ' . '.' ' . ".
'a. whethetthe~publit nnteres~ a~d nec~s~ity'~e'quirethep'rQPosed 'proj~ct;::" .':
h. ',Whether' the proposed project is planne~ :or located. in 'the mamier that w,HllJe most '
compatible with the greatest-public good and the le~st private'i!1jury; . ' " "
c; Whether ,the property sought ,to be,'acquired by emine'nt'domain arid'described in the
, Resolution of Necessity is necesSary for the' proposed project; , ,
"d. Whethe~' the' offer ltequiredby,'Govein~entCOf:fe ~~297.2(a)Jtogether' wit~' the'
accompanying stateillent ,~nd. :su'mmary of t~e 1J3sis .,for' the'amount estabJishedas just,
, 'compensation, was actually rriade:to-yoiJ and w~ether said' 9ffer and statemenVsu(nmaiy
were: ioa .form and 'coritained 'all of the factual informatiori' reqUired' by OoverrulJelit Code: ' , '
, ',~7267,2(a); a copyof,whichis attached hereto: ' : " ' , ,"";:' '. , '
e; Whether the'City of RedcJinghas' complied with'aU cori~itions and st~tutoiy requirements, ,
necessary to'exercise the power of eminent domain' (the "right to ,take") to acquire the' '
property described herein, as well a$ any other matter regarding the right to, take said
,property byeininent'domain; and'. ' , , ,. ,,'
f. . Whethe(the City of Redding has statutory authorityt():acquire theproper1y by eminent
, domain.' "'" . . .
. " Th~ Lu~ille D. .oo,ulartTrust'1992i appeats:on the,CitY's Iitigatio~ gua~ntee'~,nd po, the last '.
equaIizedCounty6f Shasta assess~ent roll as' Owner of property located on Buckthorn' Drive, "
(APN: 117~~20-029) that -is requ.ired for the proposed' project. '
. The statutes that authorizl~' the 'City' to"acqui~~ the property by eminent domain for this'
proposed project are Government Code ~~ 37350.5 and 40404., ' .'
, '
3. Failure to FiI~' a Written Request to Be Heard Within Fifteen (J 5) Days after the'
, NotiCe Was Maile~ Will Result in Waover of the Right to Appear and Be Heard~ If you desire
to be heard; please be' advised thatt you must file a written request with the City Clerk of the City
of Reddirtg within fifteen (l5) days after this Notice was 'mailed. You must file' your request to be
heard at the office of the City Clerk located on the third floor of the Civic Center, 777 Cypress
Avenue, Redding~ California 96001-2817. '
Should you elect to mail your request, to the City Clerk, it must beactuaUy received by the
City Clerk for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end ofthis Notice.
.......,.
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, -Notice, of Ilea ring' '
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Page 3
, ,
, "Califotni~f Code: of Ci~ji.'ProceciUre ~ 1245.235(b )(3) provides that "fallure'.to file a written
, reque~tto'appearand~e heard wi~in fi.f~eeit' (l5)~ays.aftertJ?e Notice was-.~ailed ,w~n_r~suIt in:
" waiver of the 'right to ,appear' and qe heard" on, the ,above matters and issues which are the, subject"
, ofple hearing; " .... ......,
, .f . ," . . . I . . . . , ' '. ". ", ',: ' .'. '. I: . '.
,,' ,.', ii'yo'ueled'not to appear and ~e b'car(i in regard' toc~mpensatiOJliyou-:-,rionappe~fanCf:l : .:, ,',-
wilin6t ,be' a ~aiver_ofyonr right to. .Claim g..eaterc'~mpensati()n'in' ~~court' ofJa,w. TheaJbcmnt. ,',
to be paid,:for.tl1.~ p~o]iertY'will Dot 'be conSidere(f'byth-(f~OU~,Cil"att~e heating~ ," '. '_"
" , ,J;iyo~ el~c-t:'iiot:1to: appe~lr";ii1-~ ~otJo"be:he~rd; yo~r,failu,~~ to"ai>pe~rWiIJ be 'a waiver;
ofyourdght to later. challenge the I-.ght ottbe Cityt() ,take the;pre>perty'b'yemincnt domain.
'. ,
: The:amount of the compertsation to be paid fotthe acquisitio~ of the propeJ:1y
, is~ot a-matter 'or issu,~ bein, g.4e~d,' by,the ~COun~il at this' time: " your,'-, "
. I)Onappearance at'thisl)o~ced he.~g'wm notpteveht you ,fromch~imiilg,~. ;
:greatercompensation,; in and as detennineddby:ac.ourtofla)V in, accord3nce' :
,', with .the ' ~aws' of' tIle" Stilte. of. Califo~ia; ", This' Notice'. is n.ot intenged' to
fore916s'e futUre negQtiations between YQu anc:t'ththepres~rttciiiyes of the CitY .
: on the amo~nt of compensa~ion to be:paid foryotir property.' ,
.~. .
. .
4. "Ratifica,tion of i~r~~d 'otfer to purchase,re'arprope~.' - Th~:CitYCouncilhereby'
ratifies and restates the formal offer made to ybu by the City of Redding on M~y 27, 2004, in the
' amount of $7.,300. ' -
" If the Council. elects to adopt the Resolution 'of Necessity", then within six (6) months of the
adoption of the Resolution, the City will commence emipenf d~main proceedings,in the Superior
Court. Itl that proceeding, 'the Court or jury will determine the amount of compensation, tc) which
you are'entitled: '
... ~. .'
Dated: May,28, 2004.
~~@~~Cferk.
, 'City, of Redding
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
. '.
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AltlPENDIX C
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'. . . '. . .' .', ',"." .:7.'~' '.<,,::: . ./1.". . '":,,,:'
OFfiCE OF THE CITY CLERK
..
777 Cypress Avenue. Redding. CA 9600 I
P.O. Box 496071. Redding. CA 96049-6071
530_225.4055 FAX 530.225.4463
Connie 5trohmayer. CIty Oerk
Ton! Sherman. Assistant City Clerk
AMENDED NOTICE OF HEARING REGARDING THE
INTENT OF THE CITY COUNCIL OF THE CITY,OF
REDDING TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
Via Certified Mail, Return Receipt Requested
and Regular Mail
Irene A. Ottman
680 Buckthorn Drive
Redding, CA 96003
Re: Amended Notic!a of-Hearing Regarding Adoption of a
Resolution of Necessity to Acquire Property by Eminent
Domain (California Code of Civil Procedure ~1245.235)
, ,
Dear Ms. Ottman:
1. Notice ofthe intent ofthe City Council ("Council") ofthe City of Redding ("City")
to adopt a Resolution of Necessity. The Council intends to consider the adoption,ofa Resolution
of Necessity on Monday, June 21, 2004, at 6:30 p.m., that, if adopted, will authorize the City to
acquire the properties described herein by eminent domain for: (a) permanent right-of-way
easements in, across, and to Buckthorn Drive necessary for second public street access as required
by the City's General Plan; (b) construction ofa public-street connection between Street "B" (cul-
de-sac), as shown on the Approved Tentative Subdivision Map S-2-02 for Vista Ridge Estates, Unit
2, dated January 7;'2003, and Buckthorn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewalk on the east between Street"B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. A description ofthe properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
2. Notice of your right to appear and be heard. Please take notice that the City Council
ofthe City of Redding, at its special meeting to be held on Monday, June 21,2004, at 6:30 p.m., or
, .
e')
e)
Amended Notice of Hearing
Page 2
as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Street, Redding, California, will hold a hearing on whether such a Resolution' of Necessity should
be adopted, as required by California Code of Civil Procedure g1245.220, for the commencement
of an eminent domain proceedj:ng to.acquire real property.
You have a right to appear and behearq before the Council at the above scheduledhea~ng
on the following matters 'and issues, and to' have the COUDell give judicious consideration to your
testimony prior to deciding whf:ther or not to adopt the proposed Resolution of Necessity: . .,
a. Whether the public interest and necessity require the proposed project;
b. Whether the proposed project 'is' planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
c. Whether the property sought to be acquired by eminent domain and described in the.
Resolution of Necessity is necessary for the proposed project;. .
d. Whether the offer n:~quired by Government Code g7267.2(a), together with the
accompanying statement and summary of the basis for the amount established as just .
compensation, was actually made to you and whether said offer and statemenVsurnmaiy
were in a form. and contained all of the factuaUnformation required by Government Code
~7267.2(a), a copy of which is attached hereto. .
e. Whether the City of Redding has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "righ.t to take") to acquire the
property described herein, as well as any other matter regarding the right to take said
property by eminent domain; and .
. f. Whether the City of I~edding has statutory authority to acquire the prop~rty by eminent
domain.
Irene A. Ottman appears on the City's litigation guarantee and on the last equalized County
of Shasta assessment roll as Owner of property located on Buckthorn Drive (APN 117-220-028) that
is required for the proposed project.
The statutes that authorize the City to acquire the property by eminent domain -for this.
proposed project are Government Code ~~ 37350.5 and 40404.
3. Written Request to Be Heard. On June I, 2004, Susan S. Hinz filed a Request To
Be Heard with the City Clerk on your behalf. The City Clerk shall consider that Request To Be
Heard to apply to the continued hearing on June 21, 2004. You are not required to file any
additional Request To Be Heard in order to be heard at the June 2 t, 2004, hearing.
If you elect not to appear and be heard in regard to compensation, your non"appearance
will not be a waiver of your right to claim greater compensation in a court oflaw. The amount
to be paid for the property will not be considered by the Council at the hearing.
. . &.
.
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Amended Notice of Hearing
Page 3
If you elect not to appear and not to be heard, your failure to appear will be a waiver
of your right to later challenge the ll"ight of the City to take the property by eminent domain.
The amount of the compensation tobe paid for the acquisition of the property
is not a matter or issue being heard by the Council at this time. . Your
nonappearance at this noticed hearing will not prevent you from claiming a .
greater compensation, in and as'determined by a court of law in accordance
with' the laws of the:: State of California. This Notice is not intended to
foreclose future negotiations between you and the representatives ofthe City
on the amount of corn pens at ion to be paid for your property.
. If you elect not to appear and not to be heard, you wiII only be foreclosed
. from raising in a cow1 ofIaw the issues which are the subject of this noticed
hearing and which are concerned with the right to take the propertY by
'. eminent domain.
.4. . Ratification of formal offer to purchase real property. The City Council hereby'
ratifies andrestates the formal offer made to you by the City of Redding on May 27,2004, in the'
amount of $7,300. .
. If the Council elects to adopt the. Resolution of Necessity, then within six (6) months of the
adoption of the Resolution, the City will commence eminent domain proceedings in the Superior
Court. In that proceeding, the Court or jury will determine the amount of compensation to which.
you are entitled. '
Dated: June 11, 2004.
Clerk
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
"- ~.-,)
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OffiCE OF THE CITY CLERK
777 Cypress Avenue. Redding. CA 9600 1
P.O. Bax496071. Redding. CA 96049-6071
530.225.4055 FAX 530.225.4463
Connie Strohmayer. City Clerk
TonI Sherman. AssIstant City Clerk
AMENDED NOTICE OF HEARING REGARDING THE
INTENT OF THE CITY COUNCIL OF THE CITY OF
REDDING TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
Via Certified Mail, Return Receipt Requested
and Regular Mail .
Marilyn M Clark, Trustee
Marilyn M. Clark Family Trust
696 Buckthorn Drive
Redding, CA96003'
Re: Amended Notice of Hearing Regarding Adoption ofa
Resolution of Necessity to Acquire Property by Eminent
D9main (California Code of Civil Procedure ~1245.235)
Dear Ms. Clark:
1. Notice ofthe intent ofthe City Council ("Council") ofthe City of Redding ("City")
to adopt a Resolution ofNeces!iity. The Council intends to consider the adoption ofa Resolution
of Necessity on Monday, June 21, 2004, at 6:30 p.m., that, if adopted, will authorize the City to .
acquire the properties described herein by eminent domain for:. (a) permanent right-of-way
easements in, across, and to Buckthorn Drive necessary for second public street access as required
by the City's General Plan; (b) construction ofa public-street connection between Street "B" (cul-
de-sac), as shown on the Approved Tentative Subdivision Map S-2-02.for Vista Ridge Estates, Unit
2, dated January 7, 2003, and Buckthorn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewalk on the east between Street "B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. A description of the properties being considered for.
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
:~f '
1-.....
.
.
Amended Notice of Hearing
Page 2
2. Notice of your right to appear and be heard. . Please take notice that the City Council
of the City of Redding, at its spe:cialmeeting to be held on Monday, June 21, 2004, at 6:30 p.m., or
as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Street, Redding, California, will hold a hearing on whether such a Resolution 'of Necessity should
, be adopted; as required by California Code of Civil Procedure g 1245.220, for the commencement
'of an eminent domain proceeding to acquire real property.
, .
, ,
You have a right to appea.r'and,be heard before the Council atthe above scheduled hearing,
on the following matters and issues, and'to have the Council give judicious consideration to your
testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity:
a. Whether the' public interest and necessity require the proposed 'project;
b. Whether: the proposed project. is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
c. Whether the property sought to be acquired, by eminent dOn:lain ,and described in the.
'Resolution of Necessity is necessary for the proposed project; ,
d. Whether the offer required by Government Code, ~7267.2(a); together' with the
accompanying statement and summary of the basis for the amount established as, just '
compensation, was actually made to you and whether said offer and statemerit/summary
were in a form and contained all of the factual information required by Government Code
~7267.2(a), a copy of which is attached hereto. ,
e. Whetherthe City of Redding has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property described herein, as well as any other matter regarding the right to take ,said
property by eminent domain; and .' '
f. Whether the City of Redding has statutory authority to acquire the property by eminent
domain. '
The Marilyn M. Clark Family Trust appears on the City's litigation guarantee and on the last
equalized County of Shasta assessment roll as Owner of property located on Buckthorn' Drive
(APN 117-f20-026) that is required for the proposed project. .. ~_, , ,
The statutes that authorize: the City to acquire the property by eminent domain for this
proposed project are Government Code ~~ 37350.5 and 40404.
3. Written Request to Be Heard. On June I, 2004, Susan S. Hinz filed a Request To
Be Heard with the City Clerk on your behalf. The City Clerk shall consider that Request To Be
Heard to apply to the continued hearing on June 21, 2004. You are not required to file any
additional Request To Be Heard in order to be heard at the June 21, 2004, hearing.
" ..
e,
eo,)
Amendeti Notice of Hearing
Page 3' '
, If you elect not to appe:ar and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court oflaw., TlI1e amount
to be paid for the property will not be considered by the Council at the hearing.
, '
If you elect not to appc~ar and not to be heard, your' failure to appear will be a waiver,
of your rightto later challen~~e the right oft~e City to take the,propertyby eminent domain.
The amount of the compensation to be paid for the acquisition of the property
, is not a matter or issue being heard by the Council at this t~me. Your'
, nonappearance at this noticed hearing will not prevent you from claiming a
greater compensation, in and as determined by a coUrt of law in accordance
with the laws of the State of California. This Notice is not intended to
foreclose future negotiations between you and the representatives ofthe City
on the amount of compensation, to be paid for your property.
, , '
1f.yo:u elect not to appear and not to be heard, 'you will ~i1ly be foreClosed
from raising in a COlm oflaw the issues which are the subject ofthis noticed
hearing and which ate concerned with the right to' take the property' by
eminent dorriain.' ,
4. Ratification of formal offer to. purchase real property. The City Council hereby
ratifies and restates the formal offer made to you by the City of Redding on May. 27,2004, in the
amount of $7,300. .
'If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the
adoption of the Resolution, the: City wiJIcommence eminent domain proceedings in the Superior
Court. In that proceeding, the Court or jury will determine the amount of compensation to which
you are entitled.
Dated: June 11, 2004.
Clerk
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
. ,. ~.
.
OffiCE Of THE CITY CLERK.
777 Cypress Avenue. Redding. CA9600 I
P.O. Box 496071. Redding. cA 96049-6071
530.225.4055 FAX 530.225.4463
Connie Strohmayer. City Clerk
Toni Sherman. Assistant City Clerk
AMENDED NOTICE OF HEARING REGARDING THE
INTENT OF THE CITY COUNCIL OF THE CITY OF
REDDING TO ACQUIRE PROPERTY BY.EMINENT
. DOMAIN
Via Certified Mail, Return ReC'eipt Requested
.and Regular Mail
Phil CantralI, President
Shasta County Tanglewood Village Homeowners Association
923 Dana Drive, # 12
Redding, CA 96003
Re: Amended .Notice of Hearing Regarding Adoption of a
Resolution of Necessity to Acquire Property by Eminent
Domain (California Code of Civil Procedure ~1245.235)
Dear Mr. Cantrall:
1. Notice of the intent oft~e City Council ("Council") of the City of Redding ("City")
to adopt a Resolution ofN ecessity. The Council intends to consider the adoption of a Resolution
of Necessity on Monday, June 21, 2004, at 6:30 p.m., that, if adopted, will authorize the City to. .
acquire the properties described herein by eminent domain for: (a) permanent right-of-way
easements in, across, and to Buckthorn Drive necessary for second public street access as required
by the City's General Plan; (b) construction ofa public-street connection between Street "B" (cul-.
de-sac), as shown on the Approved Tentative Subdivision Map 8-2-02 for Vista Ridge Estates, Unit
2, dated January 7, 2003, and Buckthorn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four-foot sidewalk on the east between Street "B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the City's General Plari.
A copy of the proposed Resolution of Necessity that will be recommended to the City Council
for adoption accompanies this notice. A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property").
2. Notice of your right to appear and be heard. Please take notice that the City Council
of the City of Redding, at its special meeting to be held on Monday, June 21,2004, at 6:30 p.m., or
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. Amended Notice of Hearing
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as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Street, Redding, California, will hold a hearing on whether such a Resolution of Necessity should
be adopted, as required by California Code of Civil Procedure ~1245220, for the commencement
of an eminent domain proceeding to acquire real property.
. .
The Shasta County Tanglewood Village. Homeowners Association (ROA) has a right to
appear and be heard before the Council at the above scheduled hearing on the following matters and.
issues, and to have the Council give judicious consideration to such testimony prior to deciding.
whether or not to adopt the proposed Resolution of Necessity: ..
a. Whether the public interest and necessity require the. proposed project;
b. 'Whether the proposed project is planned or located in the manner that will be . most
.compatible with the greatest public good and the least private injury;
c. Whether the. property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the proposed project; .
d. Whether the offer required. by Government Code ~7267.2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
were in a form and contained all of the factual information required by Government Code
~7267.2(a), a copy of which is attached hereto.
e. Whether the City of Redding has complied with all conditions and statutory requirements .
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property described herein, as well as any other matter regarding the right to take said
property by eminent domain; and.
f. Whether the City of ~~edding has statutory authority to acquire the property by eminent
domain. .'
The HOA appears on the City's litigation guarantee and on the last equalized County of
Shasta assessment roll as Owner of property located on Buckthorn Drive (APN 11 7-220-033) that
is r~.quired for the proposed project. .
The statutes that authorize. the City to acquire the property by eminent domain for this
proposed project are Government Code g~ 37350.5 and 40404.
3. Written Request to Be Heard. On June I, 2004, Susan S. Hinz filed a Request To
Be Heard with the City Clerk on the HOA's behalf. The City Clerk shall consider that Request To
Be Heard to apply to the continued hearing on June 21 , 2004. The HOA is not required to file any
additional Request To Be Heard in order to be heard at the June 21, 2004, hearing.
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Amended Notice of Hearing'
Page 3
If you elect not to appenr and! be heard in rega,rd to compensation, your nonappearance
'will not be a waiver of your ri~~ht to claim greater compensation in a court oflaw. The amount
to be Jlaid for the property w:ill not be considered by the Council at the hearing. '
If you elect not to appear and not tp be heard, your failure to appear.will be a waiver
of your right to later challenge the right of the City to take th~ property by emi~entdomain.
The amount of the compensation to be paid for'the acquisition oftheproperty
, is riot a matter' or issue being heard by 'the Council at this time. Your
nonappearance at this noticed hearing will not prevent you 'from claiming a
greater compensation, in and as determined by a court of law in accordance
with the laws of the State of California. This Notice is not intended to
foreclose future negotiations between you and the representatives of the City
on the amount of compensation to be paid for your property.
If you elect not to appear and not to be heard, you will only be foreclos~d
from raising in a court oflaw the issues which are the subject of this noticed
hearing and which are concerned' with the rigpt to take the property by
eminent domain.
,4. Ratification of formal offer to purchase real property. The City Council hereby
ratifies and restates the formal Offer to Purchase Assessor's Parcel No. 117-220-033 made to the
HOA by the City of Redding on May 27,2004, in the amount of $300.
If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the
adoption of the' Resolution, the City will commence eminent domain proceedings in' the Superior
Court. In that proceeding, the Court or jury will determine the amount of compensation to which
the HOA is entitled'.
Dated June 11, 2004.
CONNIE STROHMA YER,
City of Redding
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
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'OFfiCE OF THE CITY CLERK
777 Cypress Avenue. Redding. CA 9600r'
P.O. Box 496071. Redding. CA 96049-6071
530.225.4055 FAX 530.225.4463
Connie Strohmayer. Oty Clerk
Toni Sherman. Assistant Oty Clerk
AMENDED NOTICE OF HEARING REGARDING THE
INTENT OF THE CITY COUNCIL OF THE CITY OF
REDDING .TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
Via Certified Mail, Return Receipt Requested"
and Regular Mail
Evelyn F. Sills
688 Buckthorn Drive
Reddirig, CA , 96003
Re: Amended! Notice of Hearing Regarding Adoption of a
Resolution of Nec,essity to Acquire Property by Eminent
Domain (California Code of Civil Procedure ~1245.235) ,
Dear Ms. Sills:
1. Notice ofthe intent ofthe City Council ("Council") of the City of Redding ("City")'
, to adopt a Resolution ofNecessiity. The Council intends to consider the adoption ofa Resolution
'of Necessity on Monday, June 21, 2004, at 6:30 p.m., that, if adopted, will authorize the City to
acquire the properties described herein by eminent domain for: (a) permanent right-of-way
easements in, across, and to Buckthorn Drive necessary for second public street access as required
by the City's General Plan; (b) construction ofa public-street connection between Street "B" (cul-
de-sac), as shown on the Approved Tentative Subdivision Map S-2-02 for Vista Ridge Estates; Unit ',l
2, dated January 7, 2003, and Buckthorn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive;' and (c) a four..foot sidewalk on the east between Street "B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this notice. A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
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Amended Notice of Hearing
Page 2
. .
2~. Notice of your right to appear and be heard. . Please take notice that the City Council
of the City of Redding, at its special meeting to be held on Mond~y, June 21, 2004, at 6:30 p.m.,
01' as soon thereafter as the matter may be heard, in the City Council Chambers located at 777
. Cypress Street, Redding, CalifornIa, will hold a hearing on whether such a Resolution of Necessity
should be adopted, as requin::d by California Code of Civil ProcedUre 91245.220~' for the
commencement of an eminent domain proceeding to acquire real property~ .' .
. You have a right to appear and' be heard before the Council at the above scheduled hearing
on the' following matters and issues, 'and to have the Council give judicious consideration' to your
testimony prior to deciding whe:ther or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed project;
b. Whether the proposed project is planned or' located in the manner that will be most.
compatible with the greatest public good and the least private injury;
c. Whether the property sought to be acquired by eminent domain and described in the.
Resolution of Necessity is necessary for the proposed project;
d. Whether the offer required by Government Code ~7267.2(a),' together with the
accompanying statement arid summary of the basis for the amount established as ju~t
compensation, was actually made to you and whether said offer and'statemenVsummary
were in a form and contained all of the factual information required by Government
Code ~7267.2(a), a copy of which is attached hereto.
e. Whether the City of Redding has complied with. all conditions and statutory
requirements necessary to exercise the power of eminent domain (the ."right to take")
to acquire the property described herein, as well as any other matter regarding the right. .
to take said property by .eminent domain; . and .
f. Whether the City of Redding has statutory authority to acquire the property by eminent
domain. .
Evelyn F. Sills appears on the City's litigation guarantee and on the last equalized County
of Shasta assessment roll as Owner of property located on Buckthorn Drive (APN 117-220-027)
that is required forthe proposed project.
The statutes that authorize the City to' acquire the property by eminent domain for this
proposed project are Government Code ~~ 37350.5 and 40404.
3. Written Request to Be Heard. On June 1,2004, Susan S. Hinz filed a Request To
Be Heard with the City Clerk on your behalf. The City Clerk shall consider that Request To Be
Heard to apply to the continued hearing on June 2 t, 2004. You are not required to file any
additional Request To Be Heard in order to be heard at the June 2 t , 2004, hearing.
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Amended Notice of Hearing
Page 3
Uyou elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of.your right to claim greater compensation in a court of law. The
amount to be paid for the property will not be considered by the Council at the hearing.
. .
.If you elect not.to appear and not to be heard, your failure to appear will be a waiver
of your right tolater challeng'~ the right of the City to take the property by eminent domain.
The amotint of the compensation to be paid for the acquisition of the
property is not a matter or issue being heard by the Council. at this time.
Your nonappearance at this noticed hearing will not.prevent you from
claiming a greater compensation, in and as determined by a court oflaw in
accordance with.the laws of the State of California. This Notice-.is not
intended to foreclose future negotiations between you and the
representatives of the City on the amount of compensation to be paid for
your property.
. .
.Ifyou elect not to appear and not to be heard, you will only be foreclo~ed
from raising in a court oflaw the issues which are the. subject of this noticed
hearing and which are concerned with the right to take the property by
eminent domain.
4. . Ratification of formal offer to purchase real property. The City Council hereby
ratifies and restates the formal offer made to you by the City of Redding on May 27,2004, in the
amount of $7,300. .
If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the
adoption of the Resolution, the City will commence eminent domain proceedings in the Superior
Court. In that proceeding, the Court or jury will determine the amount of compensation to which
you are entitled. .
Dated: June 11, 2004.
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CONNIE STROHMAYE
City of Redding
Clerk
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson
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OFFICE OF THE CITY CLERK
777 Cypress Avenue. ReddIng. CA 9600 I
P.O. Box 496071. ReddIng. CA 96049-6071
'530.225.4055 fAX 530.225.4463
Connie Strohmayer. City Clerk
Tonf Sherman. AssIstant City Clerk
AMENDED NOTICE OF HEARING REGARDING THE
INTENT OF THE CITY COUNCIL'OF THE CITY OF
- REDDING TO ACQUIRE PROPERTY BY EMINENT
DOMAIN
Via Certified Mail, Return Recleipt Requested
and Regular Mail
Lucill~ D. Goul~rt, Trustee
Lucille D. Goulart Trust 1992
672 Buckthorn Drive
Redding, CA 96003 '
Re: Amended: Notice of Hearing Regarding Adoption of a
Resolution of Necessity to Acquire Property by Eminent
Domain (California Code of Civil Procedure ~1245.235)
Dear Ms. Goulart:
1. Notice ofthe intent ofthe City Council ("Council") ofthe City of Redding ("City")
to adopt a Resolution ofNecessiity. The Council intends to consider the adoption ofa Resolution
of Necessity on Monday, June 21, 2004, at 6:30 p.m., that, if adopted, will authorize the City to
acquire the properties described herein by eminent domain for: (a) permanent right-of-way
easements in, across, and to Buckthorn Drive necessary for second public street access as required
.by the City's General Plan; (b) construction ofa public-street connection between Street "B" (cul-
de-sac), as shown on' the Approved Tentative Subdivision Map S- 2-02 for Vista Ridge Estates, Uni t
2, dated January 7,2003, and Buckthorn Drive, matching the pavement, curb, and gutter section of
Buckthorn Drive; and (c) a four..foot sidewalk on the east between Street "B" (cul-de-sac) and
Tanglewood Drive. The acquisition is necessitated by the City's General Plan.
A copy of the proposed Resolution of Necessity that will be recommended to the City
Co~ncil for adoption accompanies this notice. A description of the properties being considered for
acquisition is marked as Appendix A (Exhibits A through A-4 and Exhibits B through B-4) to the
proposed Resolution of Necessity. Said properties shall be referred to herein as "the property."
2. Notice ofyonr right to appear and be heard. Please take notice that the City Council
of the City of Redding, at its special meeting to be held on Monday, June 21,2004, at 6:30 p.m., or
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Amended Notice of Hearing .
Page 2
as soon thereafter as the matter may be heard, in the City Council Chambers located at. 777 .Cypress
Street, Redding, California, will hold a hearing on whether such a Resolution of Necessity should
be adopted, as required by California Code of Civil Procedure gI245.220, for the commencement
of an eminent domain proceeding to acquire real property.
You have a right to appear and be heard before the CoUncil at the above scheduled heaiing .
on the following matters and issues, and to have the Council give judicious. consideration to your .
.' testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: . .
a. whether the public interest and necessity require the proposed project; .
. b. Whether the proposed project is planned or located in the manner that will be most'
compatible with the !~reatest public good and the least private injury;
c. 'Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the propo~ed project; . .
d. Whe,ther the offer required by Government Code 97267.2(a), together with the
accompanying statement and summary' of the basis for the amount established as just.
. compensation, was actually made to you and whether said offer and statemenVsummary
. were in a form and contained all of the factual information required by Government Code
97267.2(a), a .copy of which is attached hereto.
e. Whether the City of Redding has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain (the "right to take") to acquire the
property described herein, as well as any other. matter regarding the right to take said.
property by eminent domain; and . .
. f. Whether the City of Redding has statutory authority to acquire the property by eminent.
domain. . .
The Lucille D. GoulartTrust 1992 appears on the City's litigation guarantee and on the last
equalized County of Shasta assessment roll as Owner of property located on Buckthorn Drive
(APN 117-220-029) that is required for the proposed project.
The statutes that authorize ,the. City to acquire the property by eminent domain for. this.
proposed project are Government Code 99 37350.5 and 40404.
3. Written Request to Be Heard. On June I, 2004, Susan S. Hinz filed a Request To
Be Heard with the City Clerk on your behalf. The City Clerk shall consider that Request To Be
Heard to apply to the continued hearing on June 21, 2004. You are not required to file any
additional Request To Be Heard in order to be heard at the June 21 ,.2004, hearing.
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court oflaw. The amount
to be paid for the property will not be considered by the Council at the hearing.
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Amended Notice of Hearing
Page 3
If you elect not to appear and notto be heard, your failure to appear will be a waiver
of your right to later challenge the right of the City to take the property by eminent domain.
The amount of the compensation to be paid for the acquisition ofthe property
is not a matter or isslle being heard by the Council at this time". "" y ou~
"nonappearance at this noticed hearing will not prevent you from claiming a
" greater compensation, in and as determined by a court oflaw in accordance
with the laws of th~ State of California. This Notice is not intended to
foreclose future negotiations between you and the representatives ofthe City "
on the amount of compensation to be paid for your property.
. "
If you elect not to appear and not to be heard, you will only be foreclosed
from raising in a ~ourt of law the issues whIch are the subject of this noticed
hearing and which are concerned with the right to tak~ the property by
eminent domain.
" 4. Ratification of formal offer to purchase real property. The City Council hereby.
ratifies and restates the formal offer made to you by the City of Redding 00 "May 27,2004, in the
amount of $7,300.
If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the
adoption of the Resolution, the City will commence eminent domain proceedings in the Superior
Court. In that proceeding, the Court or jury will determine the "amount Of compensation to which
you are entitled. .'
Dated: June 11, .2004.
CONNIE" STROHYMAYE
City of Redding
cc: Brad L. Fuller, City Attorney
Susan Hinz
Jeff Swanson