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HomeMy WebLinkAboutReso 2007-162 - South Bonnyview Road . . , RESOLUTION NO. 2007 - 162 A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC SERVICE EASEMENT FOR UTILITIES AND STREET RIGHT-OF-WAY PROPERTY OWNERS: NEIL L. JONES AND MARIE A. JONES, 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 ofits members, FINDS, DETERMINES, DECLARES, and RESOLVES that: I. 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 ("right-of-way easement") and a permanent public service easement for utilities ("utilities easement"). The right-of-way easement is approximately .08 acre. The utilities easement is approximately .11 acre. 2. The City of Redding is authorized to acquire the property described in Exhibit A-I and depicted in Exhibit A-2 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 City of Redding is authorized to acquire the property described in Exhibit B-1 and depicted in Exhibit B-2 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. 4. The property to be acquired for both the right-of-way easement and the utilities easement consists of portions of Assessor's Parcel Number048-320-039, located at the intersection of East side Road and South Bonnyview Road in Redding, Shasta County, California. The property to be acquired for the right-of-way easement is more particularly described in the legal description contained in Exhibit A-I attached hereto and incorporated herein by reference. A map of the ~ -5 \ - 0'"\ 9-J . . , property, with delineations of the easement area, is attached as Exhibit A-2 and incorporated herein by reference. The property to be acquired for the utilities easement is more particularly described in the legal description contained in Exhibit B-1 attached hereto and incorporated herein by reference. A map ofthe property, with delineations of the easement area, is attached as Exhibit B-2 and incorporated herein by reference. 5. The Project is located in the southern portion ofthe City of Redding ("City") along South Bonnyview Road. South Bonnyview Road is a key east-west transportation corridor in the southern portion ofthe 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. 6. 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 collisions should be reduced significantly. 2 . . 7. On June 14,2007, 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 ofthe real property described in Exhibits A-I and A-2 and Exhibits B-1 and B-2 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-I, A-2, B-1, and B-2 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. 8. 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-I, A-2, B-1, and B-2 is necessary for the proposed Proj ect; d. The offer required by Government Code 97267 .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 97267.2(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. 9. 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-I, A-2, B-1, and B-2, attached hereto and incorporated herein by this reference, in accordance with the provisions ofthe 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-I and A-2 hereto; c. To acquire the property as a permanent public service easement for utilities as indicated on Exhibits B-1 and 8-2 hereto; 3 . . d. 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 e. 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. 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 (~ Lt2~ DICK DICKERSON, Mayor Attest: Form Approved: I. !)'I'",:, . . " ~ RICHARD A. DUVERNAY, CONNIKSTROHMAY' ityClerk , ,.,' , . I... . ~ \.. .~ " , . ~ -l ~ \ , .' 4 . , . . EXHIBIT A-I AD that portion of property located In the Southerly Om~..Half of Lot 34'as shown on that certain "Plat of I!onnl"'ieW Tract" filed In the OffICe. of the Rerorder of the Comly rt Shasta In Book of Old Plats at Page 27ln the County of Shasta, Stale rt california, and more partlOJlarly de50ibed as follows: Beginning at the'southeasterly c:vmer of Part:el 1 as shown on that certain "Pan:el Map No. 2(H)4" filed In the Office of said Recorder In Book 36 of Parcel Maps at Page 21, said . oomer lying 39.46 feet distant from, measured at right angles to, the centerline of South Bonnl"'ieW Rd. as shown on said "Parcel Map No. 2(H)4", said comer being marked by a No. " Rebar wi\ll pIastlc cap stamped RCE 24121; thence from said Point of Beginning, along the northerly RIght of Way of South Bonnyvlew Rd. as des911led In 1I1at certain Grant Deed Inst. 1971K1021406 flied In the Office of said Reoorder South70"17'14"We>1: 105.58 teet; thence oontfnulng along said northerly RIght of Way South67"17'16"We>1: 35.75 feet; . thence c:ootIl1lIIng along said northerly RIght of Way, along the an: of a aJrVe to the I1ght having a radius of 45.00 feet wfth a dtord beal1ng North82041'29"West 45.02 feet and a radial beal1ng of North220"2'19"We>1: to a point on the easterly Right of way of Easlslde Rd. .as shown on said "Pan:eI Map No. 2O.{)4", said point Iylng 39.35 feet.alSlant from, measured at ri9ht angles to, the center1ine of Eastside Rd. as shown on sald'Pan:eI MaP No. 2(H)4"; thence leaving said easterly RIght of Way NorthG9"lS'S2"East 124.30 fef;t; thence North70018'26"East 57.11 teet to a point on the easterly line of said Parcel 1; thence along said easlel1y tine of said Pan:ell SouthI9"43'37"East 20.78 feet to the Point of Beginning. The total area of the PubIlc Servfce Easement for UlJlitfes and R/ghtof Way containS 0.08 acres. mOre or less. This real property desafptfon has been prepared at R.E. Y. EnglneeJs, Inc., by me or under my direction, In mnfonnance wfth the p,ofes:,jo,'laJ Land SUrveyors Ad;. APN: 048- 32lHl39 .. j , ~ i ~.,w._,_.,..;..;;,._,~,,,,~.~.~w~,,,-~___~~:;;.;:;_"._~...---.:;.".,,~,,,,,,,,.~;__c______;_.";;4--'-_...;.:_.__".~."'.____,'__,~.w, ,.,~"""",'."' w. "'," EXHIBIT 1.-2 \ I 'm \0) \~ \(/) ,-. 10- '(\) \ \;0 '0 \0) \0- , 1 ,':i 1~/' A' (<\ N82'41'29"W 45.02' ~ Si :~' ~v. 'b. R=45.00' . eeO~-Y' ~OQ ~ (N~'42'19.W RADIAL) Gf.G.~~"""~- "e~ , e! ......- \ \ ~~YO:O~{\ \ ,........ V ~.......'SO\}\'(\ \ ,""i f.... -s..,CV i],f] . ^"~ .... :?\o.: oj !ii~J;f "V<:' Q Parcel 1 (36 P.M. 21) APN 048-320-039 NeD L & Marie A. Jones . i : PSE =i Public Service Easement EUE =: Electric UtDltyEasement POB =' Point of. Beginning GRAPHIC SCAlE ~ : 0' 50' 100' I ..,....ll.\ -. -- ~. . .---- . . lft~tc ' . '~.... .. 1 j. . . i Soa/o '"cSO' . Dat. 10-16-06 : Dnnm By $. : Checked By JB IN THE CITY OFREDDING SHASTA COUNlY, CALIFORNIA f~1 ~\! ~'''O~ PLAT MAP - EXHIBIT B. SHEET 1 OF 1 Public SerVrcesEasement for Utllltles and RIght of Way 0.08+/- acres APN 048-320-039 _ _..~;.;;;;;.. "_, ~.~;;,:;s~._.,:",'.~..'"".__~~___."""",:~_.~~~,, .,-~___ '-"-'^<'^- . . -,- ..--....- '.-'~-"'. ...... '.'..-...- -,..- EXHIBIT B-1 All that portion d profler1.y located In the SouthErly One-Half d Lot 34 as shown 00 that. certain "Plat of Bonnyvlew Tract" flled In the Office of the Recorder of the COunty of Shasta In BOOk of Old PIaIs at Page 2710 the County of Shasta, state ci caufomia, and more partjaJlarty desaibed as fulIows: CommencIng at the southeasterly comer of Parcel I as shOwn on that certain 'Para;! Map No. 20-Q4" filed In the Office of said Recorder In Book 36 of Parcel Maps at Page 21, said comer lying 39.'16 teet distant from, measured at right angles to, the centl!IliOO of South Boonyvlew Rd. as shown 00 said "Para;! Map No. 20-04", said comer being marlced by a No. 4 Rebar wilh plastic cap stamped RCE 24121; !hence along the easterly line of said, Part8 1 NorthI9043'37"West 20.78 feet to the tJUe Point of8eginnitig; ttlenc2 frorrlsald Point of Beginning, leaving said easterly line South70018'26''West 57.11 feet; lhenre . Soulh69"I5'52"West 124.30 teet to a point on the easterly Right of way of Eastslde Rd. as shown on said "PartelMap No. 20-04", said point lying 39.35 teet distant from, measured .lIt right ang~ to, the .a!Illeriioo of.EaslsldeRd. as shown on said "Parcel Map,No. 20-()4"; therrce CXlIltinulng along said easterly RIght of Way, along the arc of a QlFW to the dght having a radius of 45.00 teet with a chord bearlng North42010'07"West 16.42 teet and a radial bearlng of North37"I9'2I"East; thence North07026'16"West 25.72 feet; thenl:e leaving said easteI1y RIght of way N0rth82032'17"East 83.77 feet; thence North6go41~ 100.33 teet to a poIrrt on said ea~ Boo of said Parcel 1;'thence ala1g said easterly line of said Partel 1 SouthI9043'37"fast 21.37 teet to the Polnt of Beginning. TIle total area of the Public SelVlce Easement lXlOtalns 0.11 acres, more or less. Thls real property description has been prepared at R.E. Y. 81gIneers, Inc., by me or under my direction, In <Xlnfonnance with the Professional Land SUMyOfS M.. APN: 048-320-039 lames C. 51 ~ lliifI-- --- ,'-.- '.-" I I I e. ... , EXHIBIT B-2 \~\ \ cp. ... I I,.... ~ .1 \a .~ (l):.t N. ~ ~ j 10 .~ \~ ) . N42'O'07'W 16.42' ~ Ro45.00' ~ (N37'9'21'E RADIAL) ~ : \ j . , . , . , ) \ . , ~ ~ . , ) \ . , \ ~ ~ S19'43'37'E 21.37' POB N19'43'37'W . 2 - 1 . i PSE =; Public Service Easement ~ EUE =; Electric Utility Easement POB =1 Point of Beginning POC =: Point of Commencement GRAPHIC. SCALE , . ~ i . ..1 "aJ" . ....,., i mllG'filll"" ~. ...~,.,..,.._._-\. . .. . I . t Scale . 1'~5O' ~ Date lO-1f.!-06 ! DnIWn By KS ~ ChecI<od By JB ~ - - , . 0' 50' H)O' IN THE CllY OF REDDING SHASTA COUNlY; CALIFORNIA PLAT MAP - EXHIBITS - SHEET 1 OF 1 P!Jbllc Servlce Easernentof 0.11 +/- acres APN 048-320-039 ,>._~ -,. .._~ _0' ~_.._ __.