HomeMy WebLinkAboutReso 2007-029 - Disposition of Real Property
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RESOLUTION NO. 2007 - 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE DISPOSITION OF REAL PROPERTY TO VIT ALIS
PARTNERS, LLC, ACCEPTING THE 33433 SUMMARY REPORT,
MAKING FINDINGS REQUIRED BY CEQA, AND FINDING THAT THE
DISPOSITION OF THE PROPERTY WILL ASSIST IN THE ELIMINATION
OF BLIGHT, IS CONSISTENT WITH THE IMPLEMENTATION PLAN
FOR THE CANBY-HILL TOP-CYPRESS PROJECT AREA, AND THAT THE
CONSIDERATION FOR THE PROPERTY IS NOT LESS THAN THE FAIR
MARKET VALUE AT ITS HIGHEST AND BEST USE
WHEREAS, the Redding Redevelopment Agency (the "Agency") is presently engaged in
redevelopment activities in the Canby-Hilltop-Cypress Redevelopment Project Area (the "Project
Area") pursuant to the Amended Canby- Hilltop-Cypress Redevelopment Plan (the "Redevelopment
Plan"); and
WHEREAS, on March 3, 1994 the Agency acquired property commonly referred to as 4551
Chum Creek Road [Assessor's Parcel Number (APN) 068-310-037] and 4505 Hillmonte Drive
(APN 068-340-001), more particularly described in Exhibit A hereto, and on January 5,2005, the
Agency entered into an agreement to purchase the property commonly referred to as 460 I Chum
Creek Road (APN 068-340-003), more particularly described in Exhibit B hereto (collectively, the
"Property"), for the purpose of facilitating the Chum Creek Road Widening and Realignment Proj ect
(the "Realignment Project") and future commercial development; and
WHEREAS, in addition to the Realignment Project, the proposed development on the
Property is to consist of a first class commercial retail center (the "Project"), which Project is subject
to the discretionary approval of the City of Redding and subject to the California Environmental
Quality Act (CEQA); and
WHEREAS, the proposed Owner Participation Agreement ("OP A") with Vitalis Partners,
LLC provides for the disposition of the Property and the development of the Project; and
WHEREAS, under the requirements of CEQA, a Supplemental Environmental Impact
Report (EIR-3-81 dated July 1990) was prepared for the Redevelopment Plan, and a Mitigated
Negative Declaration (ED-24-04 dated June 10, 2005) was prepared for the Realignment Project;
and
WHEREAS, Community Redevelopment Law provides in Health & Safety Code Section
33433 that (1) before any property acquired, in whole or in part, directly or indirectly, with tax
increment monies is sold or leased for development pursuant to a redevelopment plan, such sale or
lease shall first be approved by the City Council, after a duly noticed public hearing of the City ~
Council, and (2) the Agency shall make available for public inspection a copy of the proposed sale "
or lease and a summary which describes the financial aspects of the transaction; and
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WHEREAS, a report has been prepared pursuant to Health & Safety Code Section 33433,
containing a summary describing the cost of the transaction to the Agency, the value of the property
to be conveyed and other statutorily required information (the "Summary Report"), and the Summary
Report and copies of the proposed OP A were made available to the public for inspection prior to the
hearing, as required by Community Redevelopment Law; and
WHEREAS, notice of a joint public hearing by the City Council and the Agency's Board
of Directors on the proposed OP A has been duly published in accordance with the Community
Redevelopment Law; and
WHEREAS, the joint public hearing by the City Council and Agency's Board of Directors
was held on February 20,2007.
NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Redding
hereby:
1. Accepts the Summary Report of the proposed OP A between the Agency and Vitalis
Partners LLC; and
2. Finds that the disposition ofthe Property (a) will assist in the elimination of blight
and (b) is consistent with the Implementation Plan for the Project Area, and (c) that
the consideration for the Property is not less than the fair market value of the interest
to be conveyed determined at the highest and best use for the Property; and
3. Finds that pursuant to Sections 15162 and 15168( c )(2) of the CEQA Guidelines, with
respect to the approval of the OP A for the purpose of acquiring land and realignment
and construction of Chum Creek Road, no new effects will occur and no new
mitigation measures are required which will require major revisions to EIR-3-81 or
ED-24-04 and, as such, no new environmental document is necessary. With respect
to the disposition of public land as contemplated in the OP A for future private
development, pursuant to Section 15004(b)(2)(A) of the CEQA Guidelines, future
development and use of the Property has been conditioned by terms in the OP A on
further CEQA review and full CEQA compliance; and
4. Approves the disposition of the real property described in Exhibit A and Exhibit B
to Vitalis Partners LLC.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at
a regular meeting ofthe City Council of the City of Redding on the 20th day of February, 2007, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
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DICK DICKERSON, Mayor
ATTEST:
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APPROVED AS TO FORM:
ity Clerk
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RICHARD A. DUVERNAY, C.
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GIS DIVISION MTG. DATE:
N EXHIBIT A
W+E DEVELOPMENT SERVICES DEPARTMENT
DATE PRODUCED: ITEM:
OCTOBER 23, 2006
S 0 150 Feet AGENCY PARCELS ATTACHMENT:
P:\REDEVELOPIESRIIR RA_KC _LLC _AGREEMENT _EX3.MXD
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EXHIBIT A
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF REDDING, COUNTY OF
SHASTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE EASTERLY 400 FEET MEASURED ALONG NORTH AND
SOUTH LINE OF FOLLOWING DESCRIBED PROPERTY:
THE SOUTH ONE-HALF OF SOUTHWEST ONE-QUARTER OF SOUTHWEST ONE-
QUARTER OF NORTHWEST ONE-QUARTER, SECTION 17, TOWNSHIP 31 NORTH,
RANGE 4 WEST, M.D.M., LYING EASTERLY OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 31,
1961 IN BOOK 676 AT pAGE 22, OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION CONDEMNED BY "FINAL ORDER OF
CONDEMNATION" RECORDED SEPTEMBER 2, 1965 IN BOOK 850 AT PAGE 417,
OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO. 068-310-037
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 17, TOWNSHIP 31 NORTH, RANGE 4 WEST, M.D.B.&M.,
LYING NORTH AND EAST OF COUNTY ROAD #73-D AS SAID ROAD EXISTED ON
JANUARY 1955, AND LYING WESTERLY OF A LINE THAT IS PARALLEL WITH AND
800 FEET EASTERLY OF THE WEST LINE OF SAID SECTION 17.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WEST LINE OF
PARCEL 2 DESCRIBED IN THE DEED FROM WALLACE R. DUNCAN AND JOY
DUNCAN, HIS WIFE, TO FELIX C. BEGUIN AND LOUELLA H. BEGUIN, HIS WIFE,
DATED APRIL 24,1958 AND RECORDED FEBRUARY 18, 1959 IN BOOK 591 OF
OFFICIAL RECORDS AT PAGE 369, SHASTA COUNTY RECORDS.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY
DEED DATED MARCH 27,1961 AND RECORDED APRIL 28,1961 IN BOOK 665, PAGE
219 SHASTA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE
NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO REDDING
KENWORTH COMPANY, A CORPORATION, RECORDED SEPTEMBER 12, 1968 IN
BOOK 966 AT PAGE 284, SHASTA COUNTY RECORDS.
ASSESSOR'S PARCEL NO. 068-340-001
N:\ShawnlChurn Creek RoadlVitalis Partners-KC Development133433 ReportlLegal Description.wpd
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N GIS DIVISION MTG. DATE:
W+E DEVELOPMENT SERVICES DEPARTMENT EXHIBIT B
DATE PRODUCED: ITEM:
OCTOBER 23, 2006
S 0 150 Feel KENWORTH PARCEL
ATTACHMENT:
P:IREDEVELOPIESRIIRRA_KC _LLC _AGREEMENT _EX4.MXD
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EXHIBIT B
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF
SHASTA, CITY OF REDDING, AND IS DESCRIBED AS FOLLOWS:
ALL THAT REAL PROPERTY SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 17. TOWNSHIP 31 NORTH, RANGE 4 WEST. M.D.B.& M.. SHASTA
COUNTY. CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THAT CERTAIN MONUMENT IDENTIFIED AS "A" 863+92.00 P.O.T. ON THE
MAP RECORDED IN BOOK 24 OF LAND SURVEYS AT PAGE 12, SHASTA COUNTY RECORDS;
THENCE. NORTH 76 DEGREES 40' 50" EAST, 170.02 FEET; THENCE, SOUTH 13 DEGREES
19' 10" EAST. 15.00 FEET; THENCE, SOUTH 72 DEGREES 21' 20" EAST. 58.32 FEET;
THENCE SOUTH 13 DEGREES 19' 10".EAST, 21.00 FEET TO THE CENTERLINE OF THE ROAD
FORMERLY KNOWN AS CHURN CREEK ROAD - COUNTY ROAD NO. 3Hl00 AND NOW KNOWN AS
HILLMONfE DRIVE - COUNTY ROAD 3H096; BEING THE TRUE POINT OF BEGINNING: .
THENCE. ON THE EASTERLY LINE OF THE REAL PROPERTY CONVEYED TO THE STATE OF
CALIFORNIA AS PARCEL 2 BY A DEED RECORDED IN BOOK 749 OF OFFICIAL RECORDS AT
PAGE 276, SHASTA COUNTY RECORDS. SOUTH 13 DEGREES 19' 10" EAST, 21.00 FEET;
THENCE, SOUl1l45 DEGREES 43' 00" WEST. 58.32 FEET; THENCE, SOUTH 13 DEGREES
19'10" EAST, 60.75 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF
4970.60 FEET. THROUGH A CENTRAL ANGLE OF 02 DEGREES 50' 50", AN ARC DISTANCE
OF 247.00 FEET; THENCE. SOUTH 16 DEGREES 10' 00" EAST, 279.68 FEET; THENCE, ON
A CURVE TO THE LEFT WITH A RADIUS OF 570.07 FEET. THROUGH A CENTRAL ANGLE OF
16 DEGREES 20' 00", AN ARC DISTANCE OF 162.51 FEET; THENCE, SOUTH 35 DEGREES
14' 26" EAST, 171. 54 FEET; THENCE, NORTH 53 DEGREES 50' 00" EAST, 50.01 FEET;
THENCE, SOUl1l83 DEGREES 45' 00" EAST 20.00 FEET TO THE CENTERLINE OF SAID
HILLMONTE DRIVE; THENCE. LEAVING SAID EASTERLY LINE OF THE PARCEL CONVEYED TO
THE STATE OF CALIFORNIA. ON SAID CENTERLINE OF HILLMONTE DRIVE, NORTH 06
DEGREES 07' 00" EAST. 195.97 FEET; THENCE, NORTH 05 DEGREES 38' 03" EAST,
150.41 FEET; THENCE, NORTH 03 DEGREES 19' 18" EAST. 98.70 FEET; THENCE. ON A
CURVE TO THE LEFT. WITH A RADIUS OF 1500.00 FEET. THROUGH A C~NTRAL ANGLE OF
13 DEGREES 45' 26" AN ARC DISTANCE OF 360.16 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE, ON A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET;
THROUGH A CENTRAL ANGLE OF 78 DEGREES 35' 24" AN ARC DISTANCE OF 137.17 FEET;
THENCE. NORTH 89 DEGREES 01' 32" WEST, 266.25 FEET TO THE POINT OF
TERMINATION OF SAID CENTERLINE AND THE TRUE POINT OF BEGINNING.
A.P.N.068.340-003