HomeMy WebLinkAboutReso 2007-164 - 1094 Hilltop Drive
t
.
.
,
RESOLUTION NO. 2007 - 164
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY
OF REDDING AUTHORIZING THE CITY ATTORNEY TO FILE A
MOTION FOR RELIEF FROM THE AUTOMATIC STAY WITH THE
BANKRUPTCY COURT IN ORDER TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR PUBLIC SERVICE EASEMENT FOR STREET
RIGHT-OF-WAY AND UTILITIES
PROPERTY OWNER: CHARLES E. DAVIS, II, AN UNMARRIED MAN,
in bankruptcy.
TRUSTEE FOR BANKRUPTCY ESTATE: JOHN REGER
(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 construction of a right-turn pocket onto
Rockaway Drive from southbound Hilltop Drive and related frontage improvements including
vertical curbs, gutters, sidewalks, and pavement widening along Hilltop Drive and Rockaway
Drive in the City of Redding, County of Shasta, State of California (" the Project"), a public use,
and, in connection therewith, acquire a permanent public service easement for street right-of-way
and utilities ("easement"). The easement is approximately 3154 square feet. The Project is for a
public use that is a function of the City.
2. The City 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 Streets and
Highways Code 9 10102 and California Government Code 9937350.5 and 40404.
3. The property to be acquired for the easement ("the property") consists of portions of
Assessor's Parcel Number 107-240-015, located along Hilltop Drive and Rockaway Drive in
Redding, Shasta County, California. The property is commonly described as 1094 Hilltop Drive and
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. For more than twenty years, the City's General Plan has identified the need to widen the
Hilltop Drive Corridor to a four-lane arterial street to accommodate projected traffic volumes t
resulting from build out of the Hilltop Drive and Dana Drive commercial area in accordance with ~
the land use map of the General Plan. The Project is necessary to protect the public's health and -...I
,
........
~
--C
.
.
,
. safety by ensuring adequate vehicle capacity and facilitating safe vehicular movements on the subject
segment of Hilltop Drive and is consistent with the City's General Plan Community Development
and Design Element and Transportation Element which designate the Hilltop Drive area as a regional
commercial center and identify the necessary street infrastructure to accommodate traffic volumes
associated with regional commercial development. In addition, the City's development standards
require that street frontage improvements related to development of real property be constructed to
accommodate safe traffic flow and pedestrian use, and for better drainage and other essential
purposes, for commercial development of real property. The City's General Plan anticipated that
build out of the Hilltop Drive commercial areas would require construction of the Project and, in
fact, two recently approved commercial developments are projected to cause traffic volumes meeting
thresholds for the public necessity for the Project as anticipated by the General Plan. Construction
of the Project is a condition of approval applied to these commercial developments.
In May of 2002, the City issued Use Permit UP-2-02 to Gateway Pacific Properties, granting
permission to construct in phases a 74,000-square foot retail commercial development on
approximately 5.6 acres located along the west side of Hilltop Drive, between Rockaway Drive and
Browning Street. Section 6.a. ofUP-2-02 required that Hilltop Drive be improved with the first
phase between Browning Street and Rockaway Drive to include two southbound traffic lanes with
a middle turning lane to connect to the existing southbound lanes located south of the intersection
with Rockaway Drive. That condition further required a turning pocket to support right turns onto
Rockaway Drive and frontage improvements including vertical curbs, gutters, and sidewalks where
missing. Additionally, curb return with a minimum radius of 29 feet with Americans with
Disabilities ramps were required for the main driveway. Condition 6.b. required that Rockaway
Drive be improved with the first phase to include vertical curb and gutter along the north side from
Hilltop Drive to View Avenue. The requirements ofUP-2-02 were both anticipated and required
by the City's General Plan for the health and safety of the public in both accommodating future
growth and ensuring safe vehicular movement.
In February of 2007, the City issued Use Permit UP-6-03 Amendment to Gateway Pacific
Properties, granting approval to develop a large retail center (generally 178,000 square feet) on
property located in the same general commercial area located at 1085 and 1001 Hilltop Drive and
851 Browning Street. Such commercial growth and development was anticipated by the General
Plan and again triggered the public necessity for the Project. Sections 36 through 48 ofUP-6-03
detail the requirements for Streets and Circulation, and section 39 in particular underscores the
public necessity for the Project.
In addition to the above described scenarios, involving trip generation for commercial
development in the area triggering the need for off-site improvements, it is longstanding policy and
practice for the City to require frontage dedication and improvements on arterial streets at the time
a parcel with frontage on the arterial is being developed. The City imposed this requirement for the
Project as far back as 1976, when it issued Use Permit UP-3-76-Amended to the Property Owner,
requiring the dedication of right-of-way along Hilltop Drive and the installation of street
improvements, independent of development of any other property adjacent to or in the vicinity of
the property sought to be acquired.
2
.
.
.
5. On June 18,2007, 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 was also mailed to the bankruptcy trustee and the trustee's attorney of record. 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.
6. 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
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.
7. The City Attorney is hereby AUTHORIZED and EMPOWERED:
a. To file any and all necessary motions with the bankruptcy court for relief from the
automatic stay, if applicable, in order to allow the City to proceed with a judicial
action in eminent domain.
b. 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;
c To acquire the property as a permanent public service easement for street right-of-way
and utilities as indicated on Exhibits A and B 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 3m 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
c tl:d. ,e~~
DICK DICKER N, Mayor
A tiest:
Form Approved:
~~~
RICHARD A. DUVERNAY, Ci ttorney
/'
CONNIESTROHMJ\:. "CityClerk
\ -~.'....
. ~'r' --
" (,". -. c...; ,,'"' ,
'. I ,.," "
'~,~..."", ,\
, \
~~ .;,.
, , \'
.'
4
.
..
. ~
EXHIBIT A
Commencing at the Southwest comer of Block 0 as shown on the Parcel Map
titled "Rockaway Subdivision", filed in Book 6 of Maps at Page 3, recorded July 1,
1939. in the office of Shasta County Recorder, Shasta County, Califomia;
Thence along the Easterly prolongation of the South line of Lot 1, Block E, .of said
"Rockaway Subdivision", S 890 58' 19" E, a distance of 93.71 feet to a point of
non-tangency of a 30.00 foot radius curve, the point also being the true point of
beginning; Thence from a tangent that bears N 410 31' 27" E, along a 30.00 foot
radius curve to the left, through a central angle of 43008' 05", an arc distance of
22.59 feet; Thence N 010 30' 39" W, a distance of 46.26 feet; Thence N 040 12'
00" E, a distance Of 100.50 feet; Thence N 01030' 39" W, a distance of 14.78
feet to a point on the Easterly prolongation of the North line of Lot 2, Block E, of
said "Rockaway Subdivision, Thence S 890 58' 19" E, a distance of 10.55 feet;
Thence S 010 32' 30" E, a distance of 182.07 feet to a point on the said Easterly
prolongation of the South line of Lot 1, Block E, of said "Rockaway Subdivision",
Thence N 890 58' 19" W, a distance of 28.73 feet to the true point of beginning,
,
.,
.!
,....~ ..- . - ~~~'^~-
.
f XHIBIT B
BLOCK E
.
.\
I
I
I
I
-1 ,.............oeTAlL. "A"
f & &'l"56'1'l' E
-----\
LOT 2'- I
LOT 3
,.,---...
"-
\,
S &4'51'51' E \
0.34' \
I
/
/
/
/
--
DErAIL -AI
.....
LOT 1
POI:;.
~
!!l
~'tol-Z.cO-f5
,I PUE PER
215 OR. 25.
ct'.1t'
S &Q'58 'l'l" E
<l'
Q ::I:
'"
..
r ~ ~ r-
Cj
~~ m
0,; 0
O'
"'t. "
;. z. 0
0(; /j;
zv./ tl ;;0
I' <
~.. ,. -!
!// rn
.,--"
;-/:
~/ ,
,'/' 4.5' I
(/. .
"./ "-r
. .
ISI8 OR f>!>&
~
-+
.-
BLOCK D
al.5~1
"
/
I
I
J
\ FOIJNO rOD.
\ l~~
\, L.SA'lS3 PER
," MAPS 3
'-
N 0I"30'3q. W
1.4.1al
IlIlOTH VARIES
N Of"30"3~ W
4b2b'
ROCKAWAY DRIVE
!7 /7 /,i NEw RIGHT OF WA"
IV L/ Ll EASEMENT
!7?7 /,i E>clSflNG
IV L/ Ll EA&EMENf&
BOOK 6 01; PARCa IoW'S, PAGE J
DRAWN BY:', ell'.
DAlE: hili/a,
SCALE: t'. .)40'
.
APf'flOVEIl :BY:. ECR
PROJECT:
ROCKAWA y IHILL TOP
EASEMENTS
~
\ \
I
I
10.5'"
Robe son & Dominick, Inc.
CJvll E"glneefS 4r\dSurve:yors
"':J.~U'Ortv-e:.suttt.
lteddlng. CA 9Gool
n()..u~~~I!H lU-16S4 hw
<'Obt-"~-clCl,"inlc:ll..c.oft\
ChI<<l . Red Putt' . ~ng