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HomeMy WebLinkAboutReso 2007-216 - 2184 Hilltop Drive j" . . , RESOLUTION NO. 2007 - 216 A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OFTHE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR PUBLIC SERVICE EASEMENT (Code of Civil Procedure ~ 1245.220) PROPERTY OWNER: GEORGE WEINBERGER, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY Assessor's Parcel Number 107-010-045 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"), in conjunction with the Redding Redevelopment Agency ("RRA"), intends to cause the improvement of the Hilltop Drive corridor between Cypress A venue 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 107-010-045 owned by George Weinberger, a married man, as his sole and separate property. 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 S1230.010 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 107-0 I 0-045, located at 2184 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 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 ofthe 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 friendly travel way between the hotels and the retail services. The Proposed Project will be redesigned with landscaped medians, pedestrian-activated in-pavement safety lights, and visually decorative contrasting sidewalks. Other aspects include the undergrounding of all utilities and the removal of overhead lines. ~ o ...J Qi ......... 0'- . . .. 5. The purpose of the Proposed Project is to revitalize the Hilltop Drive area and make it a safer pedestrian travelway 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 possibly the 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 Avenue 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 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 of its members, FURTHER FINDS, DETERMINES, DECLARES, and RESOLVES each of the following: 2 . . ; 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 8 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 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 8, attached hereto and incorporated herein by this reference, in accordance with the provisions of the 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 8 hereto; c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name ofthe 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, Murray, and Dickerson None Stegall None (u~~ DICK DIC RSON, Mayor Attest: Form Approved: -r .,1"' " .~.p7 ~~ CON~T~ STRpHM~<CityClerk '- 'V) ~.i ./ ~~ ., ~' ", .. -, ~',., ~.. '-, "" .,..h'~ ," ity Attorney 4 .' . . : EXHIBIT A That portion of Parcel A, as shown on the map recorded in Book 31 of Parcel Maps at Page 87, Shasta County Records, described as follows: BEGINNING at the Southeasterly corner of said Parcel A, also being a point on the Westerly line of Hilltop Drive; thence on and along said Westerly line, North 01012'39" East, a distance of 22.06 feet; thence leaving said Westerly line, North 88047'21" West, a distance of 13.00 feet; thence South 01012'39" West, a distance of22.00 feet more or less to a point on the Southerly line of said Parcel A; thence 011- and along said Southerly line, South 89032'00" East, a distance of 13.00 feet more or less to the POINT OF BEGINNING. Containing 286 square feet more or less. PortionAPN 107-010-045 .> : NOTE: A' THIS MAP IS BASED ON RE~TA ANllIXEl NOT REPRESENT A SURVEY. IT IS INTENDBl FOR LISEN; AN EXHIBIT FOR THIS EASEMENT ONLY. 0' 40' ~ 80' I 120' I ~'O1 '0" <? ~ <?<(;,~ ~~ ~l>' f;j"(;y'" v<(;,~ ,,1.)1- <? \>-~ \>-<?~ b EASEMENT ~I ~ ] POINT OF BEGINNING . w > - ~I o a. o ~I ....J - I EXHIBIT B CIty of Red<f1l1!l T77 Cypress Avenue R_ing. CA 96001 SCALE: 1" = 40' DATE: 10/0212006 ., '" . EXHIB~Te,Jt,.dt .ID.... . . ..' . Olllct Of.lHE CItY CLERK ",. -. " " . '. ' . n?Cyp~SAvenUe,~eddjng.:CA 96001 . P:O.':I~OX49607,1, Reddini CA~9-6071 ,53'O~225:405S }~530.it5.4463 : 'Cpnni'e'~tro1imaYe:r:atyaerk." - ',,' . ,,- , :. ',Toni $~r~,'.ASslstarit CitY Oerk NOTICE OF HEARING REGARDING THE INTENT OF . .' TIiECITYCOoNCILOFTHF:GITy'OFREPIJING TO .ACQUIREPROPERIY By El\ilNENTP()!\1AIN Mr. George Weinberger.. '. 40 Belgrave San Francisco,CA941I7 . . . . . . ViaCenijfed Mail, Return Receipt Requested" . . .' and Regular Mail. . " .',",'.' . . . . Re:' Notice of HeatbigRegardinll Adoption of a Resolution of Necessity to Acquire . Property by Embient Doniabl (California Code ofCivilProceliure~1.245.235) . Dear Mr, Weip.berger: . . 1. '. Notice Oftbe intent of tbeCity Council ("Council") of tbe City of Reddmg. ("City") to 'adopt a Resolritio!l of NecesSity.. . tpeCounqilintends to consider the adoption of a' . ResolutioriofNecessity oriTtiesday;November6, 2007,at 7.p.m., tlrat;if a~opted; will authorize thfCiiy to' acquire the pr,!pe1\Ydescrib~q Irereinbyemiriehtdomainfor.a permanent.public.service . ." ~aSement for an access box'tor undeigroundutilities,a}l<ltoeieci, iristall,construct, remove,n~pair)' .... replac~;reco\lstruct,maintaijland use forpublicse!'vic(JPJlf/l.Clses any and all materials; fixtures; appUances; equipment,.pipes,pipelines, wire~,ilIldcables;mcfudingfiber optiCs, necessary for the .... transmiSSion, distp):>utionandqeliverYofele.ttriCfty)\V~ter,s(l\Ver;st()rm water, gas, cabletel~visioIl'" .' CClIl1munications arid information~e.rvice utilitiesov!!rY\llong; upon, under and across tlr(l parcel.Qf .. .' re.arp~6pertydescribediri EXhibitsAaqdB.attaqiI~lrere{o..." . " ' ;.. .' . . ........ .... "Alegal descripti~nOfthe pr()p'~rtYbeing(;oni;idbr6dJ()racquisiti,!riis marked, as ExhibitA ..... 'anila inap depicting the property is !I1ai'ke.daS Exhihit Battache(ilreretoaridincorporat~dlrerein,. . Said property shodl be referred tonetein.as ~\tlie Prppert)'." " . - -.--' -., -'. .-, ., ". TJie acquisition of theab~vtl-refereric~dproperty fotth() publlcse'rv.iceellsernerttisnecessary, . '" .. 'toCQI1sttUct improvements ~hat arepartoqlre lIilltop Drive Strootscapeprojectf'the Proposed . . P]'oject''}\Vhic\1consists ofth.ebeautificatipn ofth~Hillto)JD,rive corridorbel\Veen'Cmess Ave!I}le., '.. and state Route 44 in theCityQfRedding; C1l1iforpia,~yconsfiwtillgimprovements,ip.cl\1ding but - . -"-,-' . - - ".' "- .' - . ': -'-':" . - "-: '----,. --- '- '-, - ,: '. "'-,- notJimited)o medians;sidewalks)andscaping, $!~rative.liglr,ts, undergrounding.ofutilities,. and '. 'improviIlgthe bus stop along Hilltop Drive~ !Ii ~~~la:;the easementi~'requireclfur ariaccessbo:x ..' forunqergroundutilities,.. .......:.' ..'. .'. '.' .'. ..' ...... '..,' .... .' ". ..:'.' . , . . . George Weingberger . . Notice of Hearing . . Pagel . . . . . . . . . - '. ' - . . 2, '" .'. Notice of your right to appear and be heard. Please take notice that the City . , Council of the City ofRedding, at itS regular meeting to be held on Tuesday, November 6, 2007, af 7 p:m., oqs soon thereafter as the matter maybe heard; in the City CounciIChainberslocate4at, '. 777 Cypress Street, Redding, California, will hold a hearing on whether such a Resolution()f. . Necessity should be adopted; 'aste<IlIired by California Code of Civil Procedure 91245.220, for the ~6mmeneement of an enllnent domain proceeding to acq11iie reaIproperty. . ' . . . ,. '. ." . '" Youhavea right to appear arid be heard before the COl41ciiat the above scheduled hearing . . on the followirigmatters and issues; and to have the Council give judicious consideration toyout.. '. testimony prior to deciding whetller 0)" nono. adopt the proposed Resolution ofNec~sity: . .c, a: b, Whetherthe publk interest andriecessity.require the Proposed Project; .' . . Whether the Proposed Project is planned or located in th(! m;mnerthatwilI be most compatible with the greatest public good and the least private injury; · . . Whether the Property sought to be acquired by eminent domain and described in the Resolution of Necessity isnec(!ssary for the Proposed Project; . .... ..... Whether the offer required by Govemrtlent Code 97267.2(a), together with the' . accompanying statement and swirmarY ofth(! basis for the amount e.stablished as just . compensation, waS actually made to you . and whether. said . offer and . .statemen,t/summary were in a form and contained all' of the. factual information .'. required by Government Code 97261.2(a), a copy Qfwhich isattach(!d hereto; . Whether the City of Redding ha,s. complied 'with all conditions . and. statutory requirements necessary to exercise the power of eminent domain (the "rightto t;lke") . to acquire the Property describedhefein, as well as a1Wqth(!rmatter regarding the righqo take said Property by eminehfdomain; and' . . . Whether the CitY of Redding has . statutory authority to acquire the Property by . 'eminentdomain,' . . .... . '.' . . ..' d; e. f . . . " .' ,".. . .,' ' ," -.',' . ..,. A copy of the proposed Resolution of Necessity wiII h(! available, upon yom re<juest,tor' . inspeciionattlle oqice of the City Clerk located on the third floor of the Civic Center, 777 CyPress' . A "enu(!, Redding, California, five (5) days after this Ndtlce was mailed and prior to thehearirig at' . . the placecifthe hearing. .' . . . 'George Wei~berget,a l11an1ednlaIJ., ~s'hissoleand~eparate property; appears onthe City's,..' . . .preliminarytitIerl!Pj)rt and on the last equalizedCol41tyofShastaassessmentroII as the owner of ~ '. property'commo.lllydescrjbed as Assessor'sParc~1 Ntimberl07~010-045 that is requited f~rthe Proposed Project. . . . '.' . ,. . .' '. . " ..... . The st~tutes that a~thonze the City to ac<!~ire the property by eminent domain for this' Proposed Project are Govemment Code 99 373~0,5 and 40404. ' . ..... '. '.Ge(Jrge Weillgberger NotiCeD} Hearing. . Pale J . . . . . . . . 3. Faihlre toFile.a WrittenRequestto BeHeardWitli~ Fifteen: (15) Days afterthe . . Notice Was MailedWiIlResulfin Waiver 6nhe Rightto Appear and~e Heard. . I{you desire .. 'tobeh,eard; please be advised thaI you mustfile a written request withthe CitYClerk of the City of . Redding within' fifteen D 5) gays ~fter this:Nbtice was mailed. You must file your requestto be . heard al the office. of the City Clerk local. ed on the third floor of the Civic. Center, 777 CyPress' Avenue,Redding, Californi~96001-28l7. . . '. - . . . .' '. ..- . . -'. , ,". . - - .' " . Should yoiielectto mail your request 10 the City Clerk, itmusthe acluallyreceived by the . City Clerk for filing Witliin fifteen (15) days after this :NotiCe was mailed. . . . The date ofmai!il1g appears at the el1dofthis.Notice. . '. . ." . . California Code ofCi~iFProcedUre .S1245.235(b )(3) provides that "failure to file a written reqilest to appear and be heard within fifteen (15) days after the. NotiCe waSniailed wfllres~ltin waiver ofthe rightto appear and be heard" outlle above matters and issues which are the subject of . the hearing. . . Uyou elect not to appear andbe.heard in regard to compensation, your nonappearance. will not be a waiver of your right to claim greater.compensation ina court Of law. The amount to lie paid for the property will not be considered by theC\luncilat the hearing. . - .. . . - .', . .1" ", . .' IfY\lu eiect notto appear and not to be heard, yourfailure to appear will be a waiver of your right to later challenge the right ofthe City to take theproperiyl>Y eminentd\lmain. . . . . ThellJl1oUIj.t oft.be compensation to be paid for the acquisitiouofth.e . . property is nota matter or issue being heardbytheCollncil atthis time: Your nonappearance at this rioticed hearing wi,ll notpreyent . . you fromdaiminga greater compensation, inal1dasdeterminedby . a cdUIi of law in accordance .with the laws oftlieState 6fCaJifomia. .... This:Noticeisriot inteudedto foreclose future negotiations between . you and . the represeQtatives ,of tIieCity. on the ;miouirt of. lXllnpensationto be paidforyoilrpropeity, .... . . . . . . . . . . ,',' . . . . '.' . - . If you ele.ct.'not to appear and nor to be heard, yo:u.will only be foreclosed fromrai~ing ina court oflawtheissues }Vhich~e the . . subje<;foft!Iisnoticedh(lai:ingarid which are concerned witlrtberight '. to take the property by eniinentdoll1ain. . .- . -' - . " - '. , . . .' . - . .' I . . ". 4.' '. Elitiflcation ofrorlUaloffer to purchas~ re.at property. the City Couircii hereby. ratifies and restates the GovemmenlCode S7267:2(a)Offer toPUtchaseJu,arleto Yo~ by the City of Rcddingort OCtober 19,'?007, in thellJl10wit (lf$5,SOO. . . , . . . . . . . . . . '-. ' GeorgeWeiilgberger" . Notice of Hearing. .... Page 4 , " . , ... - . - ~ . -'.' .", . . . Ir'theCouricil elects"toad9pttheR.esolutionofNecessity;then within six(6) months of the. . .' ,'- - ". '- ., '. ,. - -' -,' . .adoption of. the R~solutiort; the City will commenbeelllinent dommnproseedingsirithe Superior' . Collrt. Irt diatprOceeding,the Court orjui}' willqetenpinethearilQUllt of compensation to which . -. , - ". - - .- -, ". . ," .. . you.are ent~t1ed.. . . , . Dated,October22~ 20Q7. . . , . " - CPNNIESTRQHYMA . City of Reddfug . ity Clerk cc:: Sharon Dent, ~eni6r Redevelopment Mgr.lCommurtity Projects' . . EXHIBIT A That portion of Parcel A. as shown on the map recorded in Book 31 of Parcel Maps at Page 87, Shasta County Records, described as follows: BEGINNING at the Southeasterty comer of said Parcel A, also being a point on the Westerty line of Hilltop Drive; thence on and along said Westerly line, North 01012'39" East, a distance of 22.06 feet; thence leaving said Westerly line, North 88047'21" West, a distance of 13.00 feet; thence South 01012'39" West, a distance of22. 00 feet more or less to a point on the Southerty line of said Parcel A; thence on and along said Southerly line, South 89032'00" East, a distance of 13.00 feet more or less to the POINT OF BEGINNING. Containing 286 square feet more or less. Portion APN 107-010-045 NOTE: ~ THIS MAP IS BASED ON Rt.~ TAANO DOES NOT REPRESENT A SURVEY. If IS I FOR USE AS AN EXHIBIT FOR THIS EASEMENT ON'- Y. 0' 40' ~ 80' I 120' I ~i\ '?:J'.S ~ <?<(,~ rJ,':J ~\>- f::J"r;y'" (j<(,'v ,,~1' <?\>-~ ~~ b EAsEMENT ~I ~ POINT OF BEGINNING ] . ill > - 0:::1 o Q.. o I- -II -I - I EXHIBIT B City of Redd"1l1Q 777 Cypress Avenue Redding. CA 96001 SCALE: 1" = 40' DATE: 10/0212006 " . ... . qOVERNMENT CQIlE~7267 .2. (a) Prior to adopting .... a resollltion'ofl1ccessit)Tpursmintto Section! 245 2300f .., the (ode of Civil Procedure imdinitiatingnegotiations fo~ theac'quisition of real property',th,e pubIicentity shall ". . est~bl. ish, an amount which it believes to be just .. ' . ..coin,peilsatioll therefor, and shaH niake.anofferto the . '.', . -' . . . '.' ownerorownersoftecord to acquire the property for the . . full amountsoe~tabIished, unless.tneownei Ca11not be . locatedwith........reasonable diligence. The offer maybe '. .col1clltionedupoh,the legislativebody'statif1cation of the. '. . offer by executionofa contract of acquisition or adoption .... . . ' , . . , . . ofa resolution of necessity or both. Inno eventshall the .'amount belessthan the public entity's approved appraisal .....ofihe fair ll1aiket value of the property.' Ahydecrease or '. increase ill the fair market value of real propertyt6 be 'acquiredpriorto thed~teofvaluiltioncallsedbythe . . .... .' . public improvement for whichthepropertyis acquired; or, '.. .' . by thelikelihoodthatthepropertywoufdbe acquired for . . ... ..'. theimptovemeIlt, other than' that due tophysiqal .. deterioration within the reasonablecontrolofthe owner ", ,- '... - . . - , '- - ...., '- . . ',,' . '. .or occupant, shall bedisregardedilldetef11liningthe compyllsation forthc'Pfoperty. . }c'