HomeMy WebLinkAboutReso 2007-161 - South Bonnyview Road
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RESOLUTION NO. 2007 - 161
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OFTHE CITY
OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
FOR PUBLIC SERVICE EASEMENT FOR UTILITIES AND STREET
RIGHT-OF-WAY
PROPERTY OWNERS: DENNIS A. FRUNK AND LARRlE C. FRUNK, HUSBAND
AND WIFE, AS JOINT TENANTS
(Code of Civil Procedure ~ 1245.220)
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 South Bonnyview Road
from the Sacramento River on the east through State Route 273, including but not limited to: (1)
widening South Bonnyview road from two lanes to four lanes, with the widening of signalized
intersections with multiple turn lanes and tapers; (2) new medians throughout; (3) additional
signals; (4) railroad pre-emption detection; (5) bike lanes; (6) lighting; and (7) sidewalks along
the north side ("Project"), a public use, and, in connection therewith, acquire a permanent public
service easement for utilities and street right-of-way ("easement"). The easement is approximately
.07 acre.
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 91230.010 et seq., and pursuant to
California Government Code 9937350.5 and 40404.
3. The property to be acquired consists of portions of Assessor's Parcel Number 050-270-006,
located on South Bonnyview Road 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
easement area, is attached as Exhibit B and incorporated herein by reference.
4. The Project is located in the southern portion of the City of Redding ("City") along South
Bonnyview Road. South Bonnyview Road is a key east-west transportation corridor in the southern
portion of the City. Congestion along this corridor is becoming unacceptable per General Plan level
of service standards for a major arterial. In addition, accident rates are exceeding the rates on similar
roadways and, in turn, compound the congestion problems.
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5. The City's 2000-2020 General Plan has identified South Bonnyview Road from the
Sacramento River to State Route 273 as a four-lane expressway. The Project is necessary to
accommodate projected traffic volumes and growth contemplated by the General Plan and is
necessary to protect the public's health and safety by ensuring adequate vehicle capacity and
facilitating safe vehicular movements on this segment of South Bonnyview Road. The traffic data
was validated by a Project specific traffic study completed during the preliminary design phase.
According to reports from the Redding Police Department, there was a steady increase in the
number of accidents from January 2003 through December 2005 on South Bonnyview Road between
State Route 273 and Indianwood Drive. The number of collisions in 2005 was about 70 percent
higher than in 2003. During this time period, there were 53 injury accidents and 82 property related
collisions. Nearly 65 percent of the accidents were rear-end collisions, while over 25 percent was
a combined broadside and sideswipe collisions. Such high numbers of rear-end collisions represent
a supplemental indicator of traffic congestion and lack of room to maneuver. The increase in
broadsides and sideswipes indicate a need to restrict turning movements.
To provide a meaningful indication of the severity of the accident issue on South Bonnyview
Road, it is necessary to convert the number of accidents into an accident rate that reflects the traffic
volumes on the road. Caltrans provides a procedure for developing an accident rate for roadway
segments, in term of accidents per million-vehicle-miles. Based on the three-year accident
experience described here and the current daily traffic volume on South Bonnyview Road, the
accident rate for the study roadway segment is 3.6 accidents per million-vehicle-miles
(Accidents/MVM). This is significantly higher than the Caltrans Statewide average for an urban
two-lane road (similar to South Bonnyview Road) of 1.75 Accidents/MVM.
With more than 25,000 vehicles per day and growing using a two-lane facility, collisions are
a reality. It appears from the accident history data shown above that the corridor of South
Bonnyview Road has a substantially higher accident rate than other similar roadways. In addition
to widening the road from two lanes to four, providing increased illumination and shoulder width
will allow drivers to more clearly see congested traffic ahead and allow more room to maneuver.
As a result, the number of rear-end collisions should decrease. In addition, by adding concrete
medians to restrict turning movements to signalized intersections the number of broadside and
sideswipe co\lisions should be reduced significantly.
6. On June 14,2007, there was mailed a Notice of Hearing on the intent ofthe 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.
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7. The hearing described in said Notice of Hearing was held on July 3,2007, 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 of the City of Redding, by vote
offour-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 property described herein in Exhibits A and B is necessary for the proposed
Proj ect;
d. The offer required by Government Code S 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 s7267.2(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 ofthe 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 public service easement for utilities and street
right-of-way as 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.
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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 3'd day of July, 2007, by the
following four-fifths or more vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
L~[aJ~
DICK DICKERSON, Mayor
Attest:
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Form Approved:
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RICHARD A. DUVERNA , ity Attorney
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EXHIBIT "A"
All that portion of Parool 1330 OR 424 as shoWn on that certaln "Rerord of SUrvey for South Bonnyvlew
Road and EasI:slde Road~ filed in the OffiOl of the Rerorder of the County of Slla$1a In Book 45 of lalld
SUtveys at Page 11 in the County of Shasta, State Of California, and more partlwlar1y described as
follows:
Beginning at the northeasterly comer of saki 'Parool 1330 OR 424", said comer lying
31.S0 feet d1$1ant from. measured at right angles to, the CI!IlteI1lne of South Bonl1y\'feN Rd,
as shoWn on saki Rerord of SulVey; thence from said Point of BegInning, along the
eastl!lly line of said "ParooI 1330 OR 424" as shown on said Rerord of SulVey
South23"lll'S4"1;ast 28.50 feet to a po/ntj said point lying 60.00 feet distant from,
measured at rtght angles to, said renterllne of SOUth Bonnyvtew Road; thenoo continuing
along said eastl!Ily line South23"lll'S4"1;ast 1.56 feet; thence Ieavlng said eastef1y line
South73"42'5O'West 4.42 feet; thence South10016'44'West, 4.47, feet; thence
South73"42'5O"West 24.94 feet; thenre North42"Sl'04'West 4.47 feet; thence
South73"42'5O"West 23.0S feet; thence South67"S3'3S'West 54.92 feet to a point OIl the
westerly line of said "ParooI 1330 OR 424"; thence along said westerly line
North23"l0'54"West 23.17 feet to a polnton said sootherIy Right of Way; thence along said
sooll1el1y RIght of way North67"17'16"East 110.91 feet to the PolntofBeglnnlng.
The total area of the Public ServIce Easement for utlrrtles and RIght of W~ amtalns 0.07 acres,
more or less.
This real property description has been prepared at ltE. Y. Engineers, Inc., by me or under my direction,
In oonformanc:e wlth the PlO(,:,:;s!ollalland SUrveyQrs Ad.
APN: 050-27lHlO6
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EXHIBIT B
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: ~ ~ ., ~ '8. r S2310'54.E 28.50'
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42'51'Q4.W
N23'10'54.W
4.47'
23.17' S73'42'50.W
S67'53'35.W 23.05'
54.92'
APN 050-27Q.006
FlUnk DeMls A. & Lame C.
INST. n30 OR 424
45 LS 11
Parcel 1
Grant Deed INST.
2001-0004923 ~
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Parcel 2
Grant Deed INST.
2001-0004923
~S23'10'54.E 1.56'
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~S10'16'44.W 4.47'
DETAIL N.T.S.
GRAPHIC SCAlE
POB c Point of Beginning
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50'
100'
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IN THE CITY OF REDDING
SHASTA COUNTY, CAUFORNIA
PLAT MAP - EXHIBIT B - SHEET 1 OF 1 .
Public Service Easement for Utility and Right of Way
0.07+/- acres
APN 050-270-006
$cd" ,.,,50'
Dol" 10-16-06
Drown By KS .
Q\c:cked By ..e
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