HomeMy WebLinkAboutReso. 1159 - Ordering condemnation proceedings and amending Reso. 1140RESOLUTION NO* ^ 1159 '
RESOLUTION ORDERING`'CONDEMNATION PROCEEDINGS AND AM iDING
RESOLUTION NO. 1140 ORDERING CONDEMNATION PROCEEDING`S ON
Thi PROPERTY HEREINAFTER* DESCRIBED ON -THE. FIFTH DAY OF
FEBRUARY, 19.40 , .
WRLH REAS, it, appears foo. the -best interest of the inhabitants
and property owners of .'the City of. Redding. that a state hig4way be
constructed on Road II Sha-20-Rdg. by the Department -of Public`
Works of the State .of.'California,' between the westerly city
limits of ,the City . of`; Redding and Market* Street and • more particularly
being situated on :said. South:: Market Street, commencing. with. the, '
southerly. limrl.ts ,of* the `City of Redding` and ending with the,
intersection of South .Market _Street with'Hill Street in the
City of '.Redding;� and.:
VTHEREAS) the . Department of Public `Works of.. the' State of
California, .,Divi sign o f Highways, .has. -by .resolution 'and -agree-
men t
agree-ment agreed to construct the. Pacific ;Highway., commencing,with. ti
the southerly, limits of the City of Redding, and,. ending with
the, intersection• of South market Street with* HillStreet in
the City of Redding providing that the` City of. Redding, shall
at is expense, provide a•.:right of way for the purpose of permitting
the construction of said proposed highway.'thereon, over and upon
the ' lands hereinafter described; .
YME:REAS', pursuant to Sections 194; 195•, and 200 -of the..'.
Streets and highways Code of the. State.' of California, the -City,
of Redding did on -the 15th day of �Lugust, •'1939, duly adopt and
pass resolution. and agreement (Resolution No. 1114) , in. and 'b
-� y
the terms. of which said.resolution and. agreement the. City of
Redding did agree to .acquire and purchase •the rights of way
for the construction of said proposed state highway, as aforesaid,
to which ,said .Resolution No. 1114 'reference is hereby made for
full particulars;
• 1 ' '
VMEREFORE, IN CONSIDERATION OF THE PRWISESIT IS HEEZEBY
RESOLVED by the City Council of the .City of Redding at'a'
regular meeting of .said City Council,•'by a vote of two-thirds
of all it s members, AND THE CITY COUNCIL FINDS -:AND DETMAINES ,
AhTD HEREBY DECLARES that the public interest and necessity .
require the acquisition., 'construction, and completion by - the
City of Redding and/or the State of :'California,::acting by
and through the Department. of. Public -works of said. State, of
a public' improvement, ,,namely,a. road,, street, or 'highway and
necessary works in 'connection therewith, upon,' over,' and
across those certainland_ hereinafter in this resolution.
described, and the City Council of said .City' of Redding
HEREBY FINDS AND. DETEM11NES.. that the' use;, of all of said 'lands
sought; 'to be ,taken. ;for su6h road, street, or highway, is .a
public us e auth o ri z ed by l aw;
That the taking. of, said lands:is ,necessary for such
,public use and that 'it is`necessary ;that ' all of said lands be'
so taken, and t hat ' the fe.e or easement therein 'be acquired
for such purposes as -hereinafter described;
That .the ',said` proposed road; street, ,•or: highway, is
planned and located in a manner, which will be most .compatible
with the greatest public good , and the least, private : in jury,
and that ,the City ; Counc it of the City of Redding , has, found
it' impossible to obtain for saidcity the land•so desired at
a price deemed reasonable;
IT IS, THER R 'ORE, FURTIER RESOLVED BY - THE . CITY COUNCIL
OF SAID CITY that the City kttorney • of said, City is hereby
'authorized, empowered, and'directed`i
To acquire in the name of the said City of Redding the
said hereinafter described lands '.by purchase or by condemnation
..in accordance with the provisions of the Code of Civil Procedure
of the, State of, Cal'ifornia. relating to eminent ; domain; and
particularly under. the. provision of. Section 1e,37 and following
sections,. to "and, including Section 1e63 of ;the ;Code• of uivi'l.'
Procedure;.
To prepare and prosecute in the name of said City of
Redding such ,suit or '`suits' in the proper court having juris=
diction thereof' as are necessary to condemn, said lands for
right of way for said• ,road, street, or highway:
To make an application to s
. p, said ..Court... fora an order • •
fixing the amount. or "amounts of security in the..way of money.
'deposits as said Court :may .dlriect- to be made up"on .the taking•'.
possession of said lands by.said City of .Redding, and/or. the
State of -California, and for an order permitting said City
of Redding .and/or - State of..'Ualiforni a; to ' take immediate
possession and -use-of said .lands.
'IT IS IURTHER RESOLVED. AND ORDERED that when the-amount,
of such deposit or deposits has been fixed by the court, the,
Mayor and City Clerk of said city shall prepare and execute
a warrant for• the amount so fixed . in favor of. 'the' officer or
persons with whom .the court may determine said deposit shall
be made, said warrant to be drawn upon .the. Treasurer of said
city and to be .honored.; and paid. by. the said. Treasur ei!of. -said
city to the payee thereof upon presentation in due course;
and, provided further, that such payments. shall be' made in'
full accordance with the 'provision's 6r said Resolution No. 11149 ;
The real property• hereinbefore referred to, which the
City`,.pf,•Redding', acting through.its.,,'roper officers is .by this,
resolution authorized. to acquire as a right of way-and/6r rights
of way for such road; street, or highway., is situated, .lying
and being in 'the' City of Redding, . County of Shasta, State of
California, and is .bounded' and particularly described as
follows., -.to-wit
Parcel is
A,portion of.Block 14 of Park Subdivision, as shown
on map entitle'ds "Map. of Park Subdivision City of Redding
Shasta County, Calif."', -filed in the .office of the County
Recorder.of Shasta `'County,. in. Book''5`'of Maps, at page li, .
which portion is more particularly bounded and described as
follows;;..
Beginning Et• a. point in the westerly line of Market
St., .'from, w,hi,ch point ,a 611. x 64".,concrete monument, marking
the northeast corner of Lot 4 of the Lassen View Subdivision;
.as per plat • on file in the office of the- ` County Recorder of
°
Shasta County, bears N. 152.' 47" E.', 158.70 feet.; thence,
along said westerly line, of Market St., S:.1° 66' WO,3. 50.00
feet; thence, along, the northerly. line of Spruce St:, N.
88° 24' W. 34•.31 feet; thence, Ni i&O 461 3011' W., 50.14
feet, thence, S. 880`24-i E.., 38.09 feet to,. the .point• of
beginnings
Cont aining.18.06.Square feet.
Parcel; .
A .portion of Block .14 of'• Park, Subdivision,, , as shown on
map entit led: "Map of Park Subdivision City of Redding Shasta
County,-Calif."', filed in the office of-the County Recorder
of Shasta County, ,in Book .5•;.of Maps., at page 12,, ,which portion
is more particularly bounded anti ' describe.d as ' f ollows;
Beginning at a point-in the westerly line of Market
St., from which point a 6" x 611� concrete monument,, marking
the . northeastcorner of Lot 4 of the Lassen View Subdivision,
4•
as per• plat -on file in .the office of the County Recorder .
of Shasta County, bears -N. l° 32' 391" E., 1478.70' feet;
thence,.. along said westerly line of Market St., S. 10 361`
W.; '50,000 feet; :thence, N. 88� 24' VL, -38'.09 feet; thence,
N. 20 '43". 30" W., 50.14. f eet.;. thenc e, S. 880 24' 'E. ; 41.87
feet_ to the point of beginning'. ;
Containing ?0.00 square f e'et .
Parcel 3•
41 that portion. of that certain tract of land . in
the City of Redding, California, fronting on`the West side
"of Market `Street and :dying., between, Elmwood Street*,',
as .shown
„ on the map of `Park Stbdivision"', filed in the office° of the -
County. Recorder
heCounty•Recorder of. Shasta County, in Book 5 of • "Maps!', at
page 12, and land, now,or formerly, owned by G. Dini, as.
conveyed" by, deed. `dated February '16,' 1906 and - recorded February
13, .1966 in Book 114,Official' Records at --page', 127, Shasta ,
County Records, included within the, boundary . lines .ofa. strip,
of -land describedas follows:
A strip' of land 100 feet wide,' being 50 feet' on- each
side of a center line ;beginning -ata point in the north line
of said Elmwood Street; at 12igineer.'s• atation .845'-66.47
of. the ,Department of',Public 'Norks«' survey in -the City . of
`Redding, ` road II-Sha-3-Rdg. , from.~which point the intersection
of the west ,line :of Market Street with the 'north line: of- : said
Elmwood Street bears,N. 860111:50" E., 10464 feet; thence.
Ni 2° 601 W., '307..64 feet- to .a ,point in the south line. of*' .
said property, ,now or formerly owned.by, G. Dini, at Engineer's
Station 848+74.11 .of said' survey,
The side, lines of .said 'strip, of .land- to.- be 'prolonged
or shortened so, as ,to begin' in.'the north line of said.. Elmwood
5.
I
Parcel 7:
A portion of that" certain .tract of• land at the 'south-
east corner 'of Park View Avenue and Market Street, in the
City of •:bedding, California, as shown on that certain map
entitled "Map of Park Sub•divi si on, City. of Redding, Shasta
County, Calif.;", filed in th'e' office.`of the County Recorder
of..Shasta County, in.Book 5 of Maps, at page 12 thereof,
which portion is, more particularly bounded and. describea. as
follows:
Beginning at the intersection, of the east ' line of
Market Street with the south line of said Park View Avenue',
%from which point the. northeast corner,of-Lot 4 of the Lassen
View'Subdivision, as per plat thereof on, file -in the office
of the County Recorder of -Shasta .County, in Book 5 of. Maps,
at. page ,10, bears. N.. 360. 54' W.' 77.:93 feet;. thence, along
the south line of said Park View avenue, :S. 640 171. E., 18.58
feet; thence, from a tangent which. bears a. , 16° 35' 33" W.,
along, a curve, to the left, with ;a . radius of .1950. feet, through.
an angle .of` .6° 08' 19 ', a distance of 208.92 feet.; - thence,
along the .east line 'of Market Street, from.a tangent which ;
bears N.. 50 01' 01 ' E. along a curve to the right , 'with , a
radius of 1689 feet., through an angle of 70 14t 54,x, a distance
of 213.,67 feet to the :point of.•beginning.
containing 2225 square feet.
Parcel 8
A, port ion- of ',Lot, 16,of Lassen Vista Park,`'as shown
on that -certain' map ent.. tled.:. "Plat of ' the Lassen Vista 'Park'
Subdivision Redding, . Shasta County, Calif. Feb. 15, 19e,411,
;filed for record February 28, 1924, in Vol. 5 'of Maps, At
Page 8 thereof, Records .of Shasta County, California, more
particularly bounded and described as follows,'to-wit:
Beginning at the' Southeast .corner of said. tot', 16;
thence, along the -South line; of said Lot 16,' N. 70 57.' W.,
50'64:.feet; thence, :from a'
tangent which bears N. O1° 04'
25" W. ; ..along ' a•. curve-to the 1 eft.; with a radius of 700 feet,,
thro'ugh'.an:angle of .Ol°• 18' 501. a distance of 16.05 feet"to
a' p6int on the North: line. of-said Lot. 16;. thence,' along the
last, menti oned line,. S.. 70° 57' E.., 56 .;54, feet to,• the northeast
corner of. 'said Lot 16; 'thence, along the east- line of- said`.
Lot 162-S. 190. 03' W., 15.00' feet to the point of .beginning.
Containing 802 square feet.
Parcel 9 ;
A portion' of ;Lots 17. and 18,'. as shown on..the map
entitled -,"Plat of Lassen Vista Park Subdivision, Redding, ;
Shasta• County,. Calif.'.', .filed in the office of .the• County
Recorder' of. Shasta County, Feb. '.28,^ 1924, : iin Book 5 Of.'Niaps,
at page 8 •thereof-, more particularly bounded and described
as follows:
Beginning at .the northeast. corner. of said Lot 18,
marked'-'6y an_ iron-a± Ie driven in the ground; :thence,', .along'
the easterly ' side of said Lot-18"S. , 19° 24' . 411" W.',...87.01
feet to the northeast corner of said Lot 17, marked. by an iron
axle. driven in the ground; thence, along the ,easterly side
of said Lot '17', S: 190 17' 47" W., 6.96- feet to the south-
east'.corner of said Lot 17; thence, along*the southerly `line
of said `Lot, 1T, N. `700 58' lOf' W., 156.89 feet; thence, from.
a tangent .which bears N::z° 01' 59 ' W. ; -along• a curve to
'the left, with .a radius' ,of 700 feet, through . an angle of '°
40' '1511.,: a distance'of•'154.80,f'eet; thence, along- the nostherly
line of said Lot 182 ;.S. 77° 22' 59" E.,, 129.6.7 feet to the
point of beginning.
Containing' 12925 square -feet
lying easterly of a 'line des •c•ribed as follows:
"Commencing at a point, on the north .line of -Lot 23 of
said subdivision, marked by an iron .axle driven in the ground,
from which point the northeast corner of said Lot ;�o bears
Easterly, 67,25 feet; thence N. 690 05' 30- W., 53.98 feet
to a point on the'.,jouth- line'.of said Let 46, the..TRUE POINT
OF BEGINNING; thence, N. 25° 4iW., 195.55. feet to a point..
on the North line of said Lot 46;' from which,point,,an iron
bolt at the Northwest Corner of Market and Hill Streets bears
N. 600 49t E., 7.6.19 feet, "
Containing ;,13,625, square feet.,..
That a• list of. the ,several, parcels .men'tionea above,
as well. as the owners thereof, and the. nature of the ,right
of way and/or rights or way necessary to be acquired by • said
City of Redding for th,e use and, purposes herein 'expressed
from each, 'is as follows:
Parcel Owner Right . of V ay
1, J•. N. Chapin;' easement
2 Raymond A. warner, ;.
3, .5. & 7 Angelo Favretto
4 G. Gini
6 Elias Luther Moore
8, Mary E. McColl as
hdministratrix
9 Miriam .r: 6hristian In'*: 'ee'
10 Eieltha )R., cu. White
11
Josephine -C..,Corbiere
12 Wilber D. 'Dimons- r� n
13 Amy. Erma Papineau P, ,r
This resolution is for the, purpose' of amending resolution
No.1140 passed -and duly adopted by *the City Council of , the
City 'of Redding at a regular meeting held' on the 5th day of
• 11, •