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HomeMy WebLinkAboutReso 2007-215 - Hilltop Drive property . . . ; RESOLUTION NO. 2007 - 215 A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC SERVICE EASEMENT (Code of Civil Procedure ~ 1245.220) PROPERTY OWNERS: ROBERT B. VAIL, JR., AND PAULA H. VAIL, HUSBAND AND WIFE AS THEIR COMMUNITY PROPERTY, AN UNDIVIDED ONE-HALF INTEREST; DORIS ALLENE BROOKS AND JOHN A. BROOKS IN TRUST IS TO BE HELD FOR THE USES AND PURPOSES DESCRIBED IN PARAGRAPH EIGHTH AND NINTH OF THE WILL OF BEN W. BROOKS, DECEASED, AS TO AN UNDIVIDED ONE- FOURTH INTEREST; AND DORIS ALLENE BROOKS, AS TRUSTEE OF THE 1993 DORIS ALLENE BROOKS REVOCABLE TRUST, UNDER REVOCABLE TRUST AGREEMENT DATED NOVEMBER 16, 1993 AS TO AN UNDIVIDED ONE-FOURTH INTEREST Assessor's Parcel Number 107-020-001 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"), in conjunction with the Redding Redevelopment Agency ("RRA"), intends to cause the improvement of the Hilltop Drive corridor between Cypress Avenue and State Route 44 in the City of Redding, California, by constructing improvements, including but not limited to medians, sidewalks, landscaping, decorative lights, under grounding of utilities, and improving a bus stop along Hilltop Drive, and commonly known as the Hilltop Drive Streetscape project ("Proposed Project"), a public use, and, in connection therewith, acquire a portion of property commonly described as Assessor's Parcel Number 107-020-001 owned by the Property Owners named above herein. 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, California Eminent Domain Law, Code of Civil Procedure S1230.01O et seq., and pursuant to California Government Code SS 37350.5 and 40404. 3. The property to be acquired consists of portions of Assessor's Parcel Number 107 -020-0 II, located at 2060 Hilltop Drive 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 property to be ~ 53 \h Vi . . acquired, is attached as Exhibit B, and incorporated herein by reference. The property is located within the Canby-Hilltop-Cypress (CHC) Redevelopment Project Area and is necessary for locating an access box for underground utilities and transmission thereof. 4. The section of Hilltop Drive to be improved by Proposed Project contains several of the hotels and motels in Redding. It also contains numerous restaurants and a large segment of retail shopping. The street is in need of redesign and rehabilitation to become more inviting to visitors and customers as well as a safer and more pedestrian fiiendly travel way between the hotels and the retail services. The Proposed Project will be redesigned with landscaped medians, pedestrian-activated in-pavements safety lights, and visually decorative contrasting sidewalks. Other aspects include the undergrounding of all utilities and the removal of overhead lines. 5. The purpose of the Proposed Project is to revitalize the Hilltop Drive area and make it a safer pedestrian travel way that in turn will attract new businesses and ensure the retention of existing services and businesses at a level that is competitive with new development occurring to the north and to the south. The hotel and motel owners along Hilltop Drive, concerned that the area was in desperate need of both public and private capital improvements, formed the Hilltop Hotel Business Improvement District (HHBID) with the goal to help fund streetscape and median improvements along Hilltop Drive. The committee that helped formed the HHBID concluded that physical improvements to the corridor would create an increase in business activity. The resultant primary benefit to the City of Redding and the CHC Redevelopment Project Area will be a beautification of Hilltop Drive; safer pedestrian walkways; economic vitality of the service, retail, and hospitality businesses located in the area; and the retention of jobs and possible creation of new jobs. 6. Both the original CHC Redevelopment Plan adopted in 1981 and the amended Plan adopted in 1990 identify the need for street improvements within the Project Area. One of the categories characterizing conditions of blight present within the CHC Project Area is inadequate and/or poor quality public improvements, including public infrastructure and utilities. The streetscape improvements, including the undergrounding of the utility lines, will help remove contributors to blight by enhancing the area, improving pedestrian safety, and encouraging reinvestment of private funds into businesses benefitting from the Proposed Project. 7. The CHC Five-Year Implementation Plan (Implementation Plan) adopted by the RRA on November 15, 2004, identifies streetscape and beautification projects for major retail corridors that are in danger of both physical and economic blight. Hilltop Drive, between State Route 44 and Cypress A venue, has been identified as one of these corridors. It is described as an area comprised of retail and service-oriented businesses threatened by new retail development in outlying areas. The Implementation Plan lists the Proposed Project as a contributor to blight removal within the CHC Project Area. 8. On October 22,2007, there was mailed a Notice of Hearing on the intent of the City of Redding 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 2 . . 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. 9. The hearing described in said Notice of Hearing was held on November 6,2007, 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 of four-fifths or more ofits 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 offerrequired 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 Proposed Project. 10. 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 ofthe California Eminent Domain Law, the Community Redevelopment Law, and the Constitution of the State of California; b. To acquire the property as a permanent public service easement 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 6th day of November, 2007, by the following four-fifths or more vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, Mnrray, and Dickerson None Stegall None ~L2A-- DICK DICKERSON, Mayor Attest: Form Approved: i"...- J" \ " ----:;/2/ /1 ity Clerk .... & ~ '-- \. (' ~ ~ \.._, ~ ~ . ~ ...... " -, 4 . . EXHIBIT A That portion of Lot 1, Block A, as shown on the map recorded in Book 9 of Maps at Page 33, Shasta County Records, described as follows: COMMENCING at the 'Northeasterly corner of said. Lot 1; thence. on and along the boundary of said Lot 1, South 01012'00" West, a distance of 50.43 feet; thence along a tangent 20.00 foot radius curve to the right, having a central angle of 88048'00" and a length of 31.00 feet, thence West, a distance of 24.00 feet to the TRUE POINT OF BEGINNING, thence continuing on and along said boundary, West, a distance of 22.00 feet; thence leaving said boundary, North, a distance of 8.50 feet; thence East, a distance of 22.00 feet; thence South, a distance of 8.50 feet to the TRUE POINT OF BEGINNING. Containing 187 square feet more or less. Portion APN 107-020-001 . \ R=20.oo' W ~l!.=88"48'00. I > L=31'~0' c:: WEST 24.00' 0 a. AZALEA AVENUE - 0 II- .....I .....I I LOT 1, BLOCK A 9 MAPS 33 APN 107-020-001 b It) 122.00: I <Xi .1- EASEMENT / / TRUE POINT OF BEGINNING ~ NOTE: THIS MAP IS BASED ON RECORD DATA AND DOES NOT REPRESENT A SURVEY. IT IS INTENOEll FOR USE AS AN EXHffiIT FOR THIS EASEMEHT ONLY. 0' 40' ~ 80' I 120' I I . /POlNTOjCOMMENCEM NT b _ 0'" - '<t I N . ~ 0 .. 1l) ~ o (J) EXHIBIT B City of Redding m Cypress Avenue Redamg. CA 96001 SCALE: '1" = 40' DATE: 10/0212006 . EXHIBIT Ceo 1 ,I'll liD'. G . .\tr~"~;::,6~t:";~$;;i;', ,. . . '. . ;-,;- -'. OfFICE. OqHECnY CLERK . 777 cypressAvel'l~e, ~~dirig. 0.96001 . . P.b.,:BOx49~?I, ~~_ng.'cA,~9~071 , 530.2.25.4,055. 'FAx530.?25.4463 ~~.ie Stro~ayer. City C!~ JoidSher~, Assjs~ant OW Oeri< . ,", . . - . NQTICE QFHE;ARlNG $GARDING,. THE,IN'fEN'rOF THE ClTYCOUNCILOF THE;CITY OF REDDING TO .. ACQ{JIREPROPERTYBY EMINENT ndMt\iN . ." .' . . - . . , . . . . . Jlia Certified Mliil,.Return Receipt Requested .. and Regular Mail Robert B. Vail; k and Paula H. Vail. 1901 Shady Lane . . 'Redding,. CA 96002 . . . . .. '. , ,-. . ,', - - _,' . I ." . ... Doris Allene Bto9k:s and John A, Brooks 2060 HilIti>p .Drive .. Redding; CA 96002 'Re: . Notice of HearingRiga~di"rg AdoptlOliof a Resolution of Necessity to Acquire' Property by EniinentDomaIn' .,.'. ...... ..... .. . . . (Calitorll.i!iCodeof CivilPr6~dure}1Z45;235). '_ " _' ,,~ ,i _'_ :' _ _ : ".:' ...DearMi:.an.d.Mrs. Vail andMraiJ:dMrs. Brooks.': . .. - . . .. '. . "_ - __ r," ,--'_."',. _ . ",' __',:,"" ." . ".' .... ... Ii .. . .,. Notice:oftheintentoftlil!.CitYCooncil ("CoulJcil'~)QttlI!)City.ofReddill.g . eCity") to adopt a~~sollltioiIofNec!)Ssity;TheCmiricil intendstocoI1sider t4eadop~ionofa ,.Resolutiori of1-tecessityori Tuesday,NQvem~er6,2007,at 7 p.ti1.;.that; ifadopte,d,willa~thorize',. .' . ili,e City to, licquirethe property describedheteiri by muineiH dQm&infQl"ap~nnaneritpublicsetvice .. easyment for lUtaccessboxtor Undergro~dutilitie.sandtQ erect,illstaH,constfuct,remove, rePair,. .... replace;recoristnict,maintilinand use forpublics~rYiQe prtrposes anylJiid !llimaterials; fixtUres, .appljanSes;, e<iuiPnlerit,pipes,pip'elines;\Vires,.m1d c.a~les,'includingfib~]'. optics,micessary fOf the. , ' .tran~l11ission;distribl!tion'anddelivery()feh;ctriCitY,~aier,sewet;s.torniwa~er;g;lS,cilble. televisioll,. ..' . . . ., .~ornmUnj9\tiorts and infoITl1:itlonserviceutilities OVer,Ailong,upon; ,lUldel' llndacross the parcet'of . ;realpiopertYdescrib6d,iriExhibit~AindB attached.liereto. ,.', . ......... '.. . ,'. .'~dil.~pl~~{f:~~~~;~~~~~~~~~e=j~:~:~~~~;d~~;~~~o~~.:r!~~:;:~e~~: . '. 'Said property sh~llberefeITedto hen:ini/g.":the?roperty." ... . ., ... ,...... ... .. . .. . . Robert B; Vail, Jr., Paul H.Vail, , , Doris Atlene Brooks, and John A. Brooks Notice of Hearing Page 2 The acquisition of the above-referenced property for the public service easemeritishecessary , to constfuctiinprovements that ate part of the Hilltop DriveStreetscape project ("the Proposed " ' Projed') which consists of the beautification of the HlntopDrive corridor between CypressAven)le and State Route 44 ih the City of Redding, California, by cdnstructing improvements, iIicludin:g bUt' , not limited to medians, sidewa1lcs, landscaping, decorative lights, IlIidergrounding of utilities, and improving the bus stop along Hilltop Drive;' In particular, the easemeniis required for an access b?x for underground utilities. ' , 2. NotiCe of your right to appear and bl! heard. please take notice thalthe City, , Council of the City of Redding, at its regular meeting to be held onTuesday, November 6, 2007, at" 7p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at ' 777 Cypress Street, Reddi~g, California, will hold a hearing on whether such a Resolution of , Necessity should be adopted, as requiredby CallfOnUa Code of Civil Procedure ~ 1245.220, for the' , commencement of an eminent domain proceeding to acquire realproperty. , You have a right to appear and beheardbefore the Council at the above scheduled hearing " on the following matters and issues" and to have the CounCil give judicious consideration to your testimony prior to ,deciding whether or riot to adopt the proposed Ri:solution of Necessity: " a. b. c. d. -;-' ":-' e. 'f. , , , , , Whether thepuolic interest andnecessify require the Proposed Project;, , Whether the Proposed ProjeCiisplaimedor located in the manner that win be most compatible with the greatestpu,blicgoodand the least private injury; , Whether the Property sought to be acquired IJY eminent domain and describedinthe- Resolution of Necessityjg necessary forthe'I'ropqsed Project; Whether the offer, required by Goveffiment Code ~7267.2(a),toge.ther,withthe accompanying statement and sunnilary oftheblfsisfor thelirnoljnt established ,asilfst,' " cOlripen~ation, was actually made to you :imd, Whether said offer and " ' ,stateineritfsummarywere in afonn andcontainedallof the factualinfol111ation , required by (}ovemmentGodes 7267:2(a),a coPy of which is a,.ttached hereto; Whether, the City of Redding has complied with all congitions and statutory reqilirementsneceSSary to exerci~ethe power of eminent domain (the "right to take'') , , to acquire the Property desc1'\pedherein,as"wellas anyother'niatter regarding the , right totake said Property by eminentdoml,lln; an{ , ," , , , '. ." " Whether the City of Redding has sta,tutoryauthority foacquire the PropertY by' ' eminent domain. " ',,' ',. ", " ,',',', ",', . ".. ..' . ,,'. "', . J . . . . . . . -'. .. . . " . A copy 9filie proposed Re~olutionofNece~sity will b,~ availalHe, upon yoiltrequ<:st, for i inspecti()nat th<: office of the Gity Clerk located bhthe third,floor~fthe Civic Genter, 777 CyPress " 'Avenue, Redding, Cl,IlifoI11ia;five (5)daysafteithisNoticewas,niail~d an4prlor tbth<:, hearing at thepla,ceofthehearing. ,," , " , " ", ',' " " ", , ' . ,',' . . . .. RobertB. Vail, k, PaulH. Vail, . DoNs Allene Brooks, and JohnA. Brooks Notice ofHMring .. . Paged . . . . . . Roben B. Vail, Jr., andPaulaH. Vail,Husbandf!ndWife as Their Community Prop~rty, . .. an Undivided One-half Interest; Doris,411ene Brooks and.John A. Brooks in Trllst Is WBe Held. . . for the Uses and Purposes Describedjn Paragraph eighth mid Ninth of theWil/ of Ben W. . . .. . Br()o/(s, Deceased, as to an Un4h>ided One-fourlh1nterest;antlDoris Allene Broo~, as Trustee ... . of the 1993 Doris Allene BroQks Revocable Trust: under Jlevocable TrustAgreementDated . . November 16; 1993 as to an f1ndivided One-fourth Inter-est appear on the City'spreliniinary title report and on the last equalized County of Shasta assessment roll as the owner ofpioperty commonly . described as Assessor' sPar6el Number. I (J7 -o20-od I that is required for the Proposed Project. . .. . . .. . . . The statutes that authorlzetheCity to acquire the property by eminent domain for this ... .' . . , ,-'- -) Proposed Project are Government Cod.e !}!}373S0.5 and 40404.. .. .. . . .' - . . . . - ,~ . . . . .. . . . . 3. Failure to File a Wl'itten Request to Be Heard Within Fifteen (15) Days after the . . Notice Was Mailed Will ReslIlt ill Waiver ofthe Right to Appear and Be Heard. If you desire . to be heard, please be advised that you must fileawrittenrequest with the City Clerkofthe City of Redding within fifteen (IS) days after this Notice was mailed. You must file your request to be heatdat the office of the City Clerk located on the third floor of the Civic Center; 777 Cypress Avenue, Redding,California 96001"2817. . . . . . . ." . . Should you elect to mail your request to the City Clerk, it must be actually received by tlie CityCferHor filing withinfiftoon (1S}ctaysafter this Notice was mailed. . . ,. .' , .' .. .' ' . . Thedateof mailing appears at the end of this Notice. . , . .' . . . -' .. ,. California Code of Civil Procedure. !}I 44S23S(b)(3} provides that"failureto file a~tten' requesUo appear and be heard withinfjfieen(IS) days after the NotiCe Was mailed ",ill result in ~aiver oftllenght to lippear and be heard" on theabovem:atte~s and issues which lirethesubject of the.hearing. .. ' . . ..... ., Ifyol1 elect noUo appear and be ~eard in regar(!tocompensation, yournonappearan~e. . .' willlu;tbe !I waiver ofYOl1r: right toclainl gl'eatel'compensa(ioniu acourt.o(law.Thea~olint to be paidfol' the property wmnot b~ considered bytheCouucil at the hearing. . '.. ., ... . .. If you' electnotto' appear lUId n6tto be heal'd;Ye>urtatluretoappear wUfbea~aiver.. , . of your rightto lateI' chanengetheri~ht e>Hhe City to take the proper;tyby~nelJ.t40!ll\lin; .'. The amount ot;th(jcompensiltiOli,to he paidfort4eilCqtiisltion of the property is nota matterOriSSlIe \)(jingneardbYtlie.Counci! aJ this. , . .,time. . Your nonappearance at this. noticedheariii,gwill notpreveut . YQu )'rom Claimmg a greater compensation, in and as,determined by . . . . . ., . - ' .. - . . a court of law in accordance withthe Iawsof the State ofCaliforriia. .. . . - . . ", . .' . Robert fJ, Vail. Jr.. l'auiH. Vail, Doris Ailene Brooks, and Jolin A. Brooks Noticeo/Hearing. . Page 4 This Notice is not inten!1ed t!' foreclose futw-e negotiatio~shetWeen you and the' representatiVes of the City on the amount .of, compe~ation to bepaidfor yaw- praperty~ . ~ ," ".. .' . , , , - ,. .,'. . '. -' e' . _." '. .,.' ,,- _' . If you .eJeCt.not'ta' appear andnaft6 be heard, yau, will only qe, foreclosedfroinnus)'!lg in a CaUrt of law the issues which are the subject afthis noticed hearing and which are cancerned with the tight. '. to take theprapertybyemment damain, . . - -' , 4, Ratlficatiqn,lif formal offer tl)pul;chase real property. Th~CityCoUncil hereby . ratifies and restates the Gaver'nrrientCode ~7267.2(a) Offer t{) Purchase made to you by the City ()f Redding.on Oct{)ber 19, 2007, in the amountof$5;000. .. , If the Cauncilelects ta adapt the ResolutioIi ot-Necessity, then within sIx (6) manths of the adaption .of the Resalution, 'the City will COlnmenCe emin.ent domainproceediIigs in the Supetiar Caurt In that praceeding, theCourtorJury will determme the amountofcompensatian to which you areentitIed,' '. , Dated: October 22, 2007, CQNNIES IWHYMAY '. City of Redding 'tyClerk . "" . - ",. ' . .-' . . . . '. . '" . " -,.'" '-' "" ,,", "',,,.'.., . cc:: . ShilranDeut,Seniar Redevelopm.e~tMgrJCorrnnunitYl'rojects ." '" .-- "" . " . 'v. . . . > EXHIBIT A That portion of Lot 1, Block A, as shown on the map recorded in Book 9 of Maps at Page 33, Shasta County Records, described as follows: COMMENCING at the Northeasterly corner of said Lot 1; thence on and along the boundary of said Lot 1, South 01012'00" West, a distance of 50.43 feet; thence along a tangent 20.00 foot radius curve to the right, having a central angle of 88048'00" and a length of 31.00 feet, thence West, a distance of 24.00 feet to the TRUE POINT OF BEGINNING, thence continuing on and along said boundary, West, a distance of 22.00 feet; thence leaving said boundary, North, a distance of 8.50 feet; thence East, a distance . of 22.00 feet; thence South, a distance of 8.50 feet to the TRUE POINT OF BEGINNING. Containing 187 square feet more or less. Portion APN 107-020-001 ~ . LOT 1, BLOCK A 9 MAPS 33 APN 107-020-001 b It) I ,22.00: [1 I ~ /'0'"' T'OMMENCEM >IT o _ o (") . '<t N . ;; S'l ~ o (f) \ R=20.00' ill \..b.=88048'OO" I > EASEMENT 'i l=31.~00' 0:: WEST 24.00' . 0 TRUE POINT OF BEGINNING AZALEA AVENUE - ~ I...J ...J I NOTE: TliIS MAP IS BASED ON RECORD IlATAANDOOESNOT R8'RESENT A SURVEY. IT IS INlENJEIl FOR use l>Sf<H. EXHIBIT FOR TliIS EASEMENT ONlY. 0' 40' ~ 80' I 120' I I EXHIBIT B City of Redding m Cypress Avenue Redcfmg, CA 96001 SCALE: '1" = 40' DATE: 10/0212006 . . " GOVERNMENT CODE ~7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property.