Loading...
HomeMy WebLinkAboutReso 2006-185 - Eminent Domain e e RESOLUTION NO. 2006 - 185 A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR PERMANENT AND TEMPORARY RIGHT -OF-WAY EASEMENTS PROPERTY OWNERS: LOUIS J. GERARD, JR. AND DIANE M. GERARD, TRUSTEES OF THE GERARD 1994 REVOCABLE LIVING TRUST, ESTABLISHED JUNE 28, 1994 (Code of Civil Procedure ~ 1245.330) THE CITY COUNCIL OF THE CITY OF REDDING, by a vote offour-fifths or more of its members, FINDS, DETERMINES, DECLARES and RESOLVES that: 1. The City of Redding ("City") intends to cause the widening of the Cypress A venue Bridge over the Sacramento River and make improvements to the Hartnell Avenue and Athens Avenue intersections to improve east-west travel along the Cypress Avenue corridor ("Project"), a public use, and, in connection therewith, acquire a permanent right-of-way easement and a temporary construction easement. The permanent right-of-way easement is 6,836+ square feet, and the temporary construction easement is 4,108+ square feet. 2. The City of Redding is authorized to acquire the property described in Exhibit A and depicted in Exhibit B 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 ~ 1230.010 et seq., and pursuant to California Government Code ~~37350.5 and 40404. 3. The property to be acquired consists of portions of Assessor's Parcel Number 102-470-004, located on Cypress Avenue in Redding, Shasta County, California. The property to be acquired is more particularly described in the legal description contained in Exhibit A attached hereto and incorporated herein by reference. A map of the property, with delineations of the permanent easement area and temporary construction easement area, is attached as Exhibit B, and incorporated herein by reference. ' 4. Cypress Avenue is an important east-west link between Interstate 5 and SR 273 that also provides access to SR 44. Traffic volumes on this four-lane roadway have been steadily increasing as a result of extensive commercial development in the City of Redding east of Interstate 5 and residential development on both sides ofInterstate 5. East-west access within the Redding area is limited to bridges at either Cypress Avenue, SR 44 (1 mile to the north), or Market Street (2.9 miles to the north). Currently, the average daily traffic (ADT) across the Cypress Bridge is 49,400, resulting in a level of service (LOS) "C". Without the increased capacity that the Project would provide, the projected ADT in 2025 is 61,400 resulting in a LOS "E". The intersections of Cypress A venue at Athens and Hemsted/Hartnell were operating at a LOS "c" in 2000 and are expected to decrease to LOS "D" by the year 2025 without the Project. A LOS "C" will be maintained at both intersections in the year 2025 with the Project, which is consistent with traffic policies contained in the City's General Plan that require that all signalized intersections within the City of Redding be maintained at a minimum LOS "C". Cypress Avenue is a six-lane arterial east and west of the e e proposed Project. The proposed Project will result in a six-lane bridge and widened intersections at Athens and Hartnell, consistent with the existing Cypress Avenue corridor. The existing bridge decks have been determined to be functionally obsolete and the structures to be seismically deficient by the Caltrans Structures Division. The existing bridge has other deficiencies, most notably the condition of the main support girders and the sub-standard bridge guard railing. 5. In addition to the need to increase the capacity ofthe Cypress Avenue Bridge and replace structures that are functionally obsolete and seismically deficient, there is also an existing safety concern for the bridge crossing. Over a five-year span (1998-2003), there have been 68 accidents, including 26 injury-related accidents, between the intersections of Cypress/Athens and Cypress/Hartnel1. The Total Traffic Accident Rate is 0.84 accidents/million vehicles, which is higher than the average statewide rate of 0.584 for a similar roadway. The proposed Project will shorten vehicle backups on the approaches to the signalized intersections, which should reduce the rate of rear-end accidents. 6. On August 31,2006, 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 property described in Exhibits A and B herein, which Notice of Hearing is attached hereto as Exhibit C 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 property described in Exhibits A and B hereto, and to the address 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. 7. On September 15,2006, there was mailed an Amended 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 Exhibits A and B herein, which Amended Notice of Hearing is attached hereto as Exhibit D 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 Exhibits A and B hereto, and to the addresses appearing on said Roll. Said Amended 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. 8. The hearing described in said Amended Notice of Hearing was held on October 3, 2006, at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. 2 e e Based upon the evidence presented, the City Council of the City of Redding, by vote of four-fifths or more ofits 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 property described herein in Exhibits A and B is necessary for the proposed Project; d. The offer required by Government Code ~ 7267 .2( a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary 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 property 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. 8. The City Attorney is hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of the City of Redding, by condemnation, the property described in Exhibits A and B, 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 property as a permanent right-of-way easement and temporary construction easement and indicated on Exhibits A and B hereto; 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 property for said public uses and purposes. 3 e e I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council of the City of Redding on the 3rd day of October, 2006, by the following four-fifths or more vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray None None None Attest: Form Approved: :J _' I !.....r 0.1 .J . < r<, l... CONNIE STROHMA~E \. . '0 1 ;-. c' Clerk ~~ -"\ :~...~ \. ,~"-,, ,-"'. :' ',"', , , """ '." " ..,' 4 -. e e GERARD TO CITY OF REDDING April 28, 2006 1363.01 EXHIBIT "A" All that real property conveyed to the Gerard 1994 Revoc;able Living Trust in the deed recorded April 4, 1997 in Book 3536 of Shasta County Official Records at page 642, being portions of Parcel 2, as shown on the map filed November 5, 1974 in Book 5 of Parcel Maps at page 92, Shasta County Records, situate in the incorporated City of Redding, Shasta County, California and being more particularly described as follows: PARCELNO.1 RIGHT-OF-WAY ACQUISITION Beginning at the Westerly intersection of the South right-of-way line of West Cypress Avenue with the easterly right-of-way line of Park Marina Drive as the same is shown on said Parcel Map; thence Easterly along the arc of a I 0,075.00-foot radius curve, the radius point of which bears N.2401 1 '48"E., through a central angle of 00012'46", and a length of 37.42 feet; thence Southerly along the arc of a 43.50-foot radius curve, the radius point of which bears S.24014'49"E., through a central angle of 48000'02", and a length of36.44 feet; thence along the arc of a 373.00-foot radius tangent curve to the left through a central angle of22033'05", and a length of 146.81 feet; thence along the arc of a 457.00-foot radius curve to the right, the radius point of which bears S.85012'04"W., through a central angle of 00041 '06", and a length of 5.46 feet; thence Northerly along the arc of a 204.03-foot radius curve, the radius point of which bears N.55012'30"E., through a central angle of38033'16", and a length of 137.29 feet; thence, along the arc of a 75.00-foot radius tangent curve to right through a central angle of 59049'08", and a length of78.30 feet returning to the Point of Beginning, containing 6,246 square feet, more or less. PARCEL NO. 2 RIGHT-OF-WAY ACQUISITION Beginning at the Easterly intersection of the South right-of-way line o:fWest Cypress Avenue with the Northwesterly right-of-way line of Park Marina Drive as the same is shown on said Parcel Map; thence Southwesterly along the said line of Park Marina Drive, along the arc of a 264.04-foot radius curve, the radius point of which bears N.12055'53"W., through a central angle of 5021 '32" and a length of24.70 feet; thence, S.82025'39"W., 26.82 feet; thence, N.21003'19"E., 25.58 feet to the Southerly right-of-way of West Cypress Avenue; thence, Easterly along said Southerly right-of-way, along the arc of a 1 O,075.00-foot radius curve, the radius point of which bears N.21 003' I SUE., through a central angle of 0001 5' I 4" and a length of 44.64 feet returning to the Point of Beginning, containing 590 square feet, more or less. Exhibit A -: ..--. e e TO CITY OF REDDING Page 2 /\pru LiS, LUUD 1363.01 PARCEL NO.3 TEMPORARY CONSTRUCTION EASEMENT A strip ofland 10.00 feet in width lying Easterly of and adjacent to Parcell as herein described with the Easterly line of this strip to begin on the Southerly line of West Cypress Avenue. and terminate on the Northerly line bfPark Marina Drive, containing 1,953 square feet, more or less. PARCEL NO.4 TEMPORARY CONSTRUCTION EASEMENT Beginning at the Northerly most comer of Parcel 2, as herein described; thence, S.21003'l9"W., 10.00 feet; thence, Westerly, along the arc of a 1O,085.00-foot radius curve, having a radius point which bears N.21 003' 19"E., through a central-angle of 01 013 '29" and a length of 215.57 feet; thence, N.22016'48"E., 10.00 f~et to the $outherly right-of-way of West Cypress Avenue; thence, Easterly, along said rig4t;':of-way,along the arc ofa 10,075.00-foot radius curve, having a radius point which bears N.220l6'48"E., through a central angle of 01 013'29", and a length of 215.36 feet returning to the Poll1t of Beginning, containing 2,155 square feet, more or less. M:\1obs\l363.01\I.gl Desc-Getard Co COR.doc Exhibit A ~~ i::: u~ ~..... e;: ~- Y') " ~~ u!:c ~~ I ~~ ~ @5~ ~~ ~ ~i:5 ~ ~ - ~ !:::l~ ~~!4. ~8(J) ~l..:Jto !=:)Ck::/W) ~&"...,Qj ...... c:s to' ~~ II Qjt-.-q: D<:3li.J '" Ck:: ~'" ~~ !:C ~ ,OB "t .. ..I I \ / ;,.' /bC)~ / ,,~-- ~~f\l C'\,j ." ll") " ...!!. " .......-..;,,'1;] , . . t'.,j ~ ~ '- \0 c::) ~ :--J i:i; . '. !,.::;j ... ~ It) t,j c:::. 7", .;:) :- Q:: 0'1 c::) C) ~ II") -.J_u_ II ~ Cl:: ~ - "Ot" f"") ~ ~. ~.... '< ~ '~ ~. f( '. <5" ""'"" "<2-,'~ r. O'I~~ V ~c:::.l./') ~c::)~ t; ~~~ ~. ~ ~ ..... ~l:Q Cl::cs ~o.: g. 'c:::. ~~~ ~~'n ~c;:)!=) --c:::. I. ..!!. II -.I-~ ~b' ~c:::.~ "'~,... "")"~ "g~ ............ I. ~""'/ / / - -0:) { . ~ ij~/~g~ G Cl:/ !lei!Ci ~ Q:: " " II") Cf. / 1/ II " ,~ . 0: a '<:( z - 0:: '<:( ~ ~ 0: '<:( Q. "<2-k~g~ ....... U) ~ \Ii ,C'\j (,j!:f:i It) ..... 9:) IV) ll")C\.IC):- Q::..... II c;:) - ~~....... ii ~ C,)C,)1:l: <q:~ .... <::i ~ h 1- _ ~. " ..... 'S:.~ ~ a bi~ ~~, Cij ~<aP!BO) cc ."'" c:::i- ~~,. ~~ A:: SSf ~ ~ ~~~ ~ " ~~~~ Qi~ ~~ a:~ "'" ... ::t ... ... g ~ , gk Co"~ ~,,~ "'l.t')~ ~\()...... ,,, ... . ...... -- ," - · c:::. C\.I.... C\.I ~&~ ~~~ ~ ~ r-..: ~~ Ol !"1 ~ ~ ~ N O"'l ~-:2:. -10- \.J..l U~ ~~ , \.J..l 0-0.- - ' ~ ~~,- ~~\o If'jc:::.~ ~~C) II ..!!. " -.I....", . ~ , b ,c:l "'ll")(;::) ~"')~ ~...~ II ~ II ............"1 , bE ..... c:l ' Q:)~~ <(),,~ :t~~ ~~~ - . to ,~~ ~ ~ ,- ~ ~ b .~~ r...:t::)~ " C) . ..... C\i ;r;---. ~l:\I~ ./11 "" ~ II " II~ ...... Q:: "I "'::!- Cl:: "" e "- <;:) \0 "'i ~ ~ ~ "- " ~ ~ ....~..- ~ "'5 ~ :<= - QQ ~Q::~ :: ~ 0:: J-~lt.. -""0 ~~ ~o~ ~e:(J ~ . '..-.../~ ....-- Exhibit B e - 'il': Jill m R1\\,; ~ If ~'" I!f:' . .:~~~: tl,:~:'~ ;~~. 'f:" ~~~f :~~ , OFFICE OF THE CITY CLERK 777 Cypress Avenue, Reddil)g, CA 96001 , P.O. Box 496071, Redding; CA 96049-6071 530.225.4055 FAX 530.225.4463 Exhibit C Connie Stroh~ayer, City CIeri< Toni Sherman, Assistant City Cieri< 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 LOuis J. Gerard, Jr. and Diane lVt Gerard Trustees of the Gerard 1994 Revocable Living J'tust 10194 Victoria Drive Redding; CA 9600~ Re:Notice of Hearing Regarding Adoption of a R.esolution of Necessity to Acquire Property by Eminent, Domain (California Code of Civil Procedure~1245.23S) Dear Mr. and Mrs. Gerard: 1. ' Notice ofthe intentofthe City Council ("Council") ofthe City of Redding ("City") to adopt a Resolution of Necessity. ' The Council intends to consider the adoption of a Resolution of Necessity on Tuesday, September 19, 2006, at 7 p.m., that, ifadopted, will authorize the City to acquire the property described herein by eminent domain for: (a) a temporary construction easement of 4, I 08+ square feet for the purpose of construction, reconstruction, installation- or improvements to roadways, curbs, gutters and sidewalks and/or installation of street lights, and accomplishing all necessary incidents thereto within that certain area described as Parcel No.3 and Parcel No.4 of Exhibits A and B attached to the proposed Resolution of Necessity enclosed herewith; and (b) a permanent easement of 6,836+ square feet for street right-of-way, including sidewalks and appurtenances, and to erect, install, construct, remove, repair, replace, reconstruct, maintain and use for public service purposes any and all materials, fixtures; appliances, equipment, pipes, pipelines, wires, and cables, including fiber optics, necessary for the transmission, distribution and delivery of electricity, water, sewer, stonn water, gas, cable television, communications and infonnation service utilities over, along, upon, under and across the parcel of real property described in Exhibits A and B attached to the proposed Resolution of Necessity enclosed herewith. Exhibit r -- e Notice of Hearing Page 2 . The acquisition ofthe above-referencedpropertyJorpemianent and temporary right-of-way easements on Cypress Avenue in the City of Redding is necessary in order to widen the Cypress . A venue Bridge over the Sacramento River and to make improvements to the Hartnell Avenue and Athens Avenue intersections ("proposed project"). A copy oftheproposedResolutionofNecessitythat will be recommended to the City Cowlcil for adoption accompanies. this Notice. . A legal description of the property being considered . for . acquisition is marked as Exhibit A and a map depicting, the property is marked as Exhibit B to the proposed Resolution of Necessity, attached hereto and incorporated herein. Said property 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, September 19,2006; at 7 p.m., or as soon thereafter as the matter may be heard, fu the City Council Chambers located at 777 Cypress Street, Redding, California, will hold ~hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure ~1245.220, for the commencement ofan eminent domain proceeding to acqUire real property. . You have aright 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 whether or not to adopt the proposed Resolution of Necessity: a. Wheth~r the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located iIithe 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 requ,ired 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 artdwhether 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 statutoryrequirements 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 Gerard 1994 Revocable Living Trust, Established June 28, 1994, appears on the City's preliminary title report and on the last equalized County of Shasta assessment roll as the Owner of the above-referenced property, commonly described as Assessor's Parcel Number 102-470-004 that is required for the proposed proj eet. . .' e e Notice of Hearing Page 3 The statutes that authorize the City to, acquire the property by eminent domain for this proposed project are Government Code~9 37350.5 and 40404. . . , , . . , 3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days after the Notice Was Mailed Will Result in Waiver ofthe Right to Appear and ReHeard. 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 must file your requesUo be heard at the office of the City Clerk located on the third fiooi,' of the Civic Center, 777 Cypress Avenue, Redding, C~ifornia 96001-2817. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (1 5) days after this Notice was mailed. ' The date of mailing appears at the end of this Notice; California Code of Civil Procedure 91245.235(b)(3) provides that "failure to file a written' request to appear and be heard within fifteen (15) days after the Notice was mailed will result in . waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. . IfyoD '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 YOD elect not to appear and not to be heard, your failure to appear will be a waiver of yo Dr 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 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 detetmined 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 foreclosed 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 10, 2006, in the amount of$133,300. e e Notice of Hearing Page 4 lithe 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:August 31, 2006 . ~ V:\Lpeta.l1.iliplillll_ Mi...cL~)'pICQ8ri"" WIdc~ncUA CCN.lice....I'*"'_O'ranL..,.I tit e c ,...,)?, O. I ~ If) 0 .. N.tJ OffiCE OF THE (lIT ATTORNEY 777 Cypress Avenue. Redding, CA96001-2718 1'0. Box 496071. Redding. CA 96049-6071 530.225.4050 fA)( 530.225.4362 RIchard A. Duvernay City Attorney September 15, 2006 Lynette M. Frediani Assistant City Attorney Via Certified Mail, Return Receipt Requested and Regular Mail Barry E. DeWalt Assistant City Attorney Louis J. Gerard, Jr. and Diane M. Gerard Trustees of the Gerard 1994 Revocable Living Trust 10194 Victoria Drive . Redding, CA 96001 Re: Amended Notice of Hearing/Resolution of Necessity Dear Mr. and Mrs. Gerard: You are hereby notified that the Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain originally set for Tuesday, September 19,2006, has been continued to Tuesday, October 3, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Street, Redding, California. The City Clerk has received your request to be heard, dated September 11, 20.06. The City Clerk shall consider this notice as a Request to Be Heard at the continued hearing on October 3,2006. You do not need to file any further Request to Be Heard with the City Clerk in order to be heard at the hearing on October 3, 2006. An Amended Notice of Hearing Regarding the Intent of the City Council of the City of Redding to Acquire Property by Eminent Domain is enclosed. As a result of the amended hearing date, the proposed .Resolution of Necessity has' changed slightly to reflect the new hearing date. A copy of the new version of the proposed Resolution. of Necessity is ,also enclosed. Please telephone me directly at 225-4050 if you have any questions or wish to discuss this matter further. . cLtr ~ LMF/lmf Encls. (Amended Notice of Hearing & Propos~ Resolution of Necessity) V:'1.)'IIlIlIt.'tiIIc-llln~Mioml~CypnouBridpW........-.-..wNocK.~.(icnnLwpd ": ' '.:', Exhibit D e e f#'. I. "E. v' ~ r;,. R I! rJ .FD", I~ ~~ e.. ~ ,~~ I? ~~. v" r . :..~. ~~_ ''':''7~ ......,:. / :"~ "_'~.._' OFFICE OF THE CITY CLERK 777 Cypress Avenue. Redding. CA 96001 P.O. Box .496071. Redding. CA 96049-6071 530.225.4055 fAX 530.225.4463 Connie Strohmayer. City Clerk Toni Sherman. Assistdnt 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 Louis 1. Gerard, Jr. and Diane M. Gerard Trustees of the Gerard 1994 Revocable Living Trust 10194 Victoria Drive Redding, CA 96001 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. and Mrs. Gerard: 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 of a Resolution of Necessity on Tuesday, October 3, 2006, at 7 p.m., that, if adopted, will authorize the City to acquire the property described herein by eminent domain for: (a) a temporary construction easement of 4, 1 08+ square feet for the purpose of construction, reconstruction, installation or improvements to roadways, curbs, gutters and sidewalks and/or installation of street lights, and accomplishing all necessary incidents thereto within that certain area described as Parcel No.3 and Parcel No.4 of Exhibits A and B attached to the proposed Resolution of Necessity enclosed herewith; and (b) a permanent easement of 6,836+ square feet for street right-of-way, including sidewalks and appurtenances, and to erect, install, construct, remove, repair, replace, reconstruct, maintain and use for public service purposes any and all materials, fixtures, appliances, equipment, pipes, pipelines, wires, and cables, including fiber optics, necessary for the transmission, distribution and delivery of electricity, water, sewer, storm water, gas, cable television, communications and information service utilities over, along, upon, under and across the parcel of real property described in Exhibits A and B attached to the proposed Resolution of Necessity enclosed herewith. Exhibit D e e Notice of Hearing Page 2 The acquisition of the above-referenced property for permanent and temporary right-of-way ease~ents on Cypress Avenue in the City of Redding is necessary in order to widenthe Cypress Avenue Bridge over the Sacramento River and to make improvements to the Hartnell Avenue and Atherts Avenue intersections ("proposed project"). A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. A legal description of the property being considered for acquisition is marked as Exhibit A and a map depicting the property is marked as Exhibit B to the proposed Resolution of Necessity, attached hereto and incorporated herein. Said property 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, October 3,2006, 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 be adopted, as required by California Code of Civil Procedure ~ 1245.220, 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 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 forthe 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 Redding has statutory authority to acquire the property by eminent domain. The Gerard 1994 Revocable Living Trust, Established June 28, 1994, appears on the City's preliminary title report and on the last equalized County of Shasta assessment roll as the owner of the above-referenced property, commonly described as Assessor's Parcel Number 102-470-004, that is required for the proposed project. Exhibit D e e Notice of Hearing Page 3 The statutes that authorize the City to acquire the property by eminent domain for this proposed project are GovemmeI1t Code ~~ 37350.5 and 40404. 3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days after the Notice Was Mailed Will Result in Waiver of the Right to AppearaQd 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 (IS) 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 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. California Code of Civil Procedure gI245.235(b)(3) provides that "f~i1ure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear aild be heard" on the above matters and issues which are the subject of the hearing. 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 oflaw. 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 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 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 aDd 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 foreclosed 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 fonnal offer made to you by the City of Redding on May 10, 2006, in the amount of$133,300. Exhibit D Notice of Hearing e e Page 4 Ifthe Council elects to adopt the Resolution of Necessity, then within six (6) months of the adoption ofthe Resolution, the City will commence eminent domain proceedings in the Superior Court. In that proceeding, the Court or jury will detennine the amount of compensation to which you are entitled. Dated: September 15, 2006 CONNIE STROHY City of Redding V,...)1IltIlc....iliplio._ Mixdl-c~8ri<J.c1t WidcwiotJ Ii ""-'Wee Notia: oflllaml.Onnl. Exhibit D e e Government Code ~7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with 'reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. Exhibit D