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HomeMy WebLinkAboutReso 2007-163 - South Bonnyview Road . . " RESOLUTION NO. 2007 - 163 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: THE TWENTY-FIRST CENTURY CHURCH OF LIFE CORPORATION, A CALIFORNIA CORPORATION (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: 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 ("easement"), The easement is approximately .05 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 050-270-005, 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. & 3 \ -- 0\ VJ . . '" 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 (AccidentsIMVM). This is significantly higher than the Caltrans Statewide average for an urban two-lane road (similar to South Bonnyview Road) of 1.75 AccidentslMVM. 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. 6. 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 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. 2 . . ,. J 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 ofthe City of Redding, by vote offour-fifths or more of its members, FURTHER FINDS, DETERMINES, DECLARES, and RESOLVES each ofthe 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 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. 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. 3 " . . 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'" day of July, 2007, by the following four-fifths or more vote: AYES: NOES: ABSENT: ABSTAIN: Attest: \. ~' . ,_ c) ~. CONNIE ST COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: .: r:.- I . ~ City Clerk . , - ( '." (, - '~- ,\ . " \ Bosetti, Jones, Murray, Stegall, and Dickerson None None None llid ~ DICK DICKERSON, Mayor Form Approved: ~~~ RICHARD A. DUVERNAY y , Ity Attorney / 4 . - , \ ! . ' . ..----.-- -. EXHIBIT "A" All that portlon of Parcel 1281 OR 078 as shown on that certain "Reoord of SUrvey for South BonnyvIew Road and Easlslde Road" filed In the OffICe of the Recx>rder of the County of Shasta In Book 45 of Land SuMlys at Page 11 In the County of Shasta, Slate of Califomla, and more partlcutarly de:salbed as follows: BegInning at the not1heasterIy mmer of saki "Parcel 1281 OR 078", said mmcr Iylng 31.50 feet distant from, measured at right angles to, the center1lne of South Bonnyview Rd. as, shown on said RecIlrd of SUrvey; thence from said PoInt of Beginning, along the eastsly line of said "Pari:el1281 OR 078" South23010'54"Easl 23.17 feel; ttoence leaving said easter1y One South67"53'35"West 10.35 feel; thence South04"27'29"West 4.47 feel; thence South67"53'35"West, 19.94 feel:; thence Nor1M8"4O'19"West 4.47 feel:; thence South67"53'35"West 29.06 feet; thence South04027'29"West 4.47 feel:; thence South67053'35"West 19.94 feel; thence Nortll'lll"40'19"West 4.47 feet; thence South67"53'3S"West 3.75 feet to a point on the wester1y line of said "Parcel 1281 OR 078"; thence along saki wester1y tine North07"27'57"West 23.02 feet to a point on the soulherIy RIght of Way of South Bonnyvlew Rd. as shown on said "Reoord of SInvey for South Bonnyview Road and Eastside Road", said point lying 31.50 feet distant from, measured at right angles to, said center1ine of South Bonll'/VieW Rd.; thence along said southerly RIght of Way North67"17'l6"Easl84.80 feet to the PoInt of BeginnIng. The total area of the Public SeMl;e Easement for Utilities and RIght of Way mntalns 0.05 acres, more or less. ThIs real property desaiptlon has been prepared at R.E. Y. EJ 1Qlneers, Inc., by me or under my dIreCtion, In <XJl1f'orrnano! with the Professional Land 5UM!'f01S Act. APN:050-270-00S 'I i I ': ; ! j' I 10117!lmG. Dat6 '._._~...~ ~-~,.- . 'i , , d.. . EXHIBIT B N0T27'57"W 23.02' S67'53'35" 3.75' N48'4Q'19" 4.4r S67'53'35'W 19.94' APN 050-27lU105 Twenty-FIrst Century . Church of Ufo Corp. INST 1281 OR 078 Per 45 LS 11 <&. ~OeO -- - ioS\O~ ~ €.~~ ...- --- GRAPHIC SCI;lE POB = Rolnt of Beginning 0' 50' 100' .... ,wllJ ~"'. \ . Scale 1-a:SO' , Dcto to-t8f06 Drmm Dy KS atedced By 'JB IN THE CITY OF REDDING SHASTA COUNTY, CALIFORNIA PLAT MAP - EXHIBIT B'- SHEET t OF'l ., Public Servlce Easement for UlDitle5 Gnd Right of Way. . 0.05+ 1- acres APN 050.Z70-000 .._.__....--;"'--" -- -~-- .- ...-._,-,'