Loading...
HomeMy WebLinkAboutReso 2003-186 - Eminent DomainRESOLUTION NO. 2003- A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR RIGHT-OF-WAY ]FOR PUBLIC-STREET CONNECTION. PROPERTY OWNERS:: EDWARD YOUNG AND JUDY YOUNG (Code of Civil Procedure § 1245.330) THE CITY COUNCIL OF THE CITY OF REDDING, by a vote of four-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 public-street connection with Heritagetown Drive, specifically the extension of Road "A" to Heritagetown Drive (Project), a public use, and, in connection therewith, acquire interests in certain real property. The Project will provide public-street frontage to five standard single-family lots in Unit 1 of the Sunset Oaks subdivision and is required by Section 17.32.040 of the City's Subdivision Ordinance. Acquisition of the property will also provide two points of access at full development of the Sunset Oaks project to all lots within the 'townhome development, to satisfy the City's General Plan Health and Safety Element Policy HS4J, which requires two points of public-street access for any residential development of 50 lots or more. The City has required the developer to construct a public street in this area in conformance with the General Plan and as a second public-street access for general public circulation needs and fire safety established by General Plan Policy HS4J not only tbr this project, but also for future residential development to the east. Said project is for a public use that is a function of the City. 2. The City of Redding is authorized to acquire the parcel described in Appendix A 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 § 1230.010 et seq., and pursuant to California Government Code {}{}3'7350.5 and 40404. 3. The property to be acquired consists of portions of Assessor's Parcel Number 110-020-067, located at Heritagetown Drive at Sunset Oaks Road "A" in Redding, Shasta County, California. The property to be acquired is more particularly described in Appendix A attached hereto and incorporated herein by reference, together with a map thereof. 4. On October 31, 2003, 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 Appendix A herein, which Notice of Hearing is attached hereto as Appendix B 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 Appendix A, 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 titne and place stated therein. of four-fifths RESOLVES 5. On November 14, 2003, there was mailed and personally served an Amended 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 Appendix A herein, which Notice of Hearing is attached hereto as Appendix C and incorporated herein by this reference. Said Amended 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 Appendix A, 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. 6. The hearing described irt said Amended Notice of Hearing was held on December 2., 2003, 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 or more of its members, FURTHER FINDS, DETERMINES, DECLARES, and 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 Appendix A is necessary for the proposed Project; d. The offer required by Government Code §7267.2(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 offi,-r and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code §7267.2(a); and e. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein haw~ been complied with by the City of Redding. f. The City of Redding has fully complied with the provisions of the California Environmental Quality Act for the Project. 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 Appendix A, 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 in fee simple absolute;. 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. 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 2nd day of December, 2003, by the following four-fifths or more vote: AYES: COUNCIL MEM[BERS: Cibula, NOES: COUNCIL MEM[BERS: None ABSENT: COUNCIL MEM[BERS: None ABSTAIN: COUNCIL MEMBERS: None Kight, Mathena, Stegall and Pohlmeyer ° V Attest: '"' ' · Cor~nie StrJt~mayer,, C.. '~[erk Form Approved: Brad £. Fuller, City Attorney APPENDIX A REAL PROPERTY DESCRIPTION LEGAL DESCRIPTION All that real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 9, TOWI~SHIP 31 NORTH, RANGE 4 WEST, M.D.M. EXCEPTING THEREFROM PARCELS A, B, C AND D AS SHOWN ON PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF PARCEL MAPS, PAGE(S) 61; SAID PARCEL IS REFERRED TO AS DESIGNATED REMAINDER PARCEL, ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF PARCEL MAPS, PAGE(S) 61. BEING SHOWN AS THE DESIGNATED REMAINDER PARCEL ON PARCEL MAP NO. 9-98 FILED FOR RECORD ON JUNE 30, 2000 IN BOOK 33 OF PARCEL MAPS AT PAGE 61; SHASTA COUNTY RECORDS. ASSESSOR'S PARCEL NUMBER 110-020-067 Portion to be Acquired ,50 0 ( u4 r~,."r ) I inch. = 50 SUNSET OAKS ft. ~ TOWNHOUSES. omni. me~n~ · t850 tto~k ~i. eo Ot 12tl~ ~te,~9. ¢,. 9~00l Portion to be Adjacent Dev~elopment / / '1 I / 39 . APPENDIX B NOTICE OF HEARING DATED OCTOBER 31, 2003 NoTICE'OF }IEARING REGARDING THE INTENT OF THE CITY COUNCIL OF.THE CITY oF REDDING TO ACQUIRE PROPERTY BY EMINENT DOMAIN" Via Certified and Regular Mah! .. Edward and Judy Young 9301: Pond View Drive · · Redding:,i CA 96002 - Re:,, :. N0tice.Of Hearing. R~garding Adoption of a R'esolU~ti0n .of" Necessity` to .'Acquire' property- by..Eminent'Domain (CalifOrnia Code of CivilProcedure .§1245;235) Dear. Mr. and MrS, Young; . 1. Notice bfthe ~ntent of the CitY C0uh:.Cil ("coUncil,) of the City otRedding("Ci~,') 'to adopt a Resolution of Necessity. The'Counci} intends to c0nsidef the adoption 0fa ReSo.lufi'0n of NeCessity On TUesday, November 18, 2003; a~'-7 P:m:;.that, if ad0pted,=Wili 'authorize the City to acquire the Property des6ribed herein by eminent domain for the construction of a'public.-street connection with Heritagetown Drive, specifically the extension.Of Road "A" tO HeritagetoWn Drive ("the Project").' A description of'the ProPerty being considbred for acquisition,.' marked Appendix A, accompanies the proposed Resolution of Necessity, attach'ed tothis Notice as Exhibit A _(whiCh property shall be referred to herein as-"the Property'S): 2. 'Notice of your right to appear and be heard. Please take notice that the City Council .of the. City 0fRedding, at'its regUl[ar meeting to be held on Tuesday, November 18, 2003; at 7 p.m., or as soon. thereafter as the matter may. be 'heard, in the' City Council Chamb'ers located at 777 Cypress Street; Redding; California, will hold a hearing on whether such a Resolution 'of Necessity should be adopted, as required by California Code. of Civil Procedure §'1245.220, :fOr. the commencemen~ of'an eminent domain proceeding to acquire real property.. You have a fight.to aPpear and be heard before the CounCil at the above schedul'ed hearing On the following matters and issUes:, and to have the Council.give judicious .consideration to your testimony prior.to deciding whether or not to adOpt the prop0sed Resolution of NecessitY: Notice of Hearing Page 2 a. Whether the public interest and necessity require the proposed project; b. Whether 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. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code §7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code §7267.2(a), a copy of which is attached hereto. e. Whether the City of Redding has complied with all conditions and statutory reqnirements necessary to exercise the power of eminent domain (the "right to take") to ac:quire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City of Redding has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this notice. Your name appears on the last equalized County of Shasta assessment roll and as Owner in our preliminary title report of the property required for the proposed project. The statutes that authori:,.e the City to acquire the property by eminent domain for this proposed project are Government Code §§ 37350.5 and 40404. 3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days after the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please bc advised that you must file a written request with thc City Clerk of thc City of Redding within fifteen (15) days after this Notice was mailed. You must file your request to be heard at 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 the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure § 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of Notice of Hearing Page 3 the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your ril;ht to claimgreater compensation in a court of law. The amount to be paid for the property will not be considered by the Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take the property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or ~issue being heard by the Council at this time. Your nonappearance at this noticed heating will not prevent you from claiming a greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of co:mpensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues which are the subject of this noticed heating and which are concerned with the right to take the property by eminent domain. 4. Ratification of formal offer to purchase real property. The City Council hereby ratifies and restates the formal Offer to Purchase Assessor's Parcel No. 110-020-067 made to you by the City of Redding on October 30, 2003, in the amount of $35,000. If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the adoption of the Resolution, the ,City will commence eminent domain proceedings in the Superior Court. In that proceeding, the Court or jury will determine the amount of compensation to which you are entitled. Dated October 31, 2003. CONNIE sTROHMAYE~//~ity'~ lerk City of Redding RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY- OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR RIGHT-OF-WAY FOR PUBLIC-STREET CONNECTION. PROPERTY OWNERS: EDWARD YOUNG AND JUDY YOUNG (Code of Civil Procedure § 1245.330) THE CITY COUNCIL OF THE. CITY OF REDDING, by a vote of four-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 public-street connection with Heritagetown Drive, specifically the extension of Road "A" to Heritagetown · Drive (Proj eeO, a public use, and, in connection therewith, acquire interests in certain real property. The Project will provide public-street frontage to five standard single-family lots in Unit 1 of the Sunset Oaks subdivision and is required by Section 17.32.040 of the City's Subdivision Ordinance. Acquisition of the property will also provide two points of access at full development of the Sunset Oaks project to all lots within the townhome development, to satisfy the City's General PIan Health and Safety Element Policy HS4I, which requires two points of public-street access for any residential development of 50 lots or more. ~llae City has required the developer to construct a Public street in this area in conformance with the General Plan and as a second public-street access for general public circulation needs and fire safety established by General Plan Policy HS4J not only fbr this project, but also for future residem:ial development to the east. Said project is for a public use that is a function of the City. -2. The City of Redding is authorized to acquire the parcel described in Appendix A 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 § 1230.010 et seq., and pursuant to California Government Code §§37350.5 and 40404. 3. The property to be acquired consists of portions of Assessor's Parcel Number 110-020-067, located at Heritagetown Drive at Sunset Oaks Road "A" in Redding, Shasta County, California. The property to be acquired is more particularly described in Appendix A attached hereto and incorporated herein by reference, together with a map thereof. 4. On October 31, 2003, 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 Appendix A herein, which Notice of Hearing is attached hereto as Appendix B and incorporated herein by this refi~rence. 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 Appendix A, 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. EXHIBIT "A" 5. The hearing described in said Notice of Hearing was held on November' 18, 2003, 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: 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 Appendix A is necessary for the Proposed Project; d. The offer required by Government Code §7267.2(a), together with the accompanying statement of and. summary of the basis for the mount 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 §7267.2(a); and 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. The bo do City Attorney is hereby AUTHORIZED and EMPOWERED: To acquire in the name of the 'City of Redding; by condemnation, the property described in Appendix A, attached hereto arid incorporated herein by this reference in accordance with. the provisions of the California Eminent Domain Law and the Constitution of the State of California; To acquire the property in fee simple absolute;. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of the City oflRedding such proceedings in the proper Court as are necessary for such acquisition; and · To deposit the probable amount of compensation based on an appraisal, and to apply to said Court for .an Order permitting the City of Rcdding to take immediate possession and use of said property for said public uses and purposes'. 2 I HEREBY CERTIFY that the foregoing resolution was introduced, read and ,tdopted at a regular meeting of the City Council of the City of Redding on the 18th day of November:, 2003, by the following four-fifths or more vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMI~IERS: COUNCIL MEMi~IERS: COUNCIL MEMI]~ERS: 'Mark H. Cibula, Mayor Attest: Form Approved: Connie Strohmayer, City Clerk Brad L. Fuller, City Attorney LEGAL DESCRIPTION All that real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHF, AST ONE QUARTER OF SECTION 9, TOWNSHIP 31 NORTH, RANGE 4 WEST, M.D.M. EXCEPTING THEREFROM PARCELS A, B, C AND D AS SHOWN ON PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF PARCEL ].VIAl)S, PAGE(S) 61; SAID PARCEL IS REFERRED TO AS DESIGNATED REMAINDER PARCEL, ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF PARCEL MAPS, PAGE(S) 61. BEING SHOWN AS THE DESIGNATED REMAINDER PARCEL ON PARCEL 1VtAP NO. 9-98 FILED FOR RECORD ON JUNE 30, 2000 IN BOOK 33 OF PARCEL MAPS AT PAGE 61; SHASTA COUNTY RECORDS. ASSESSOR'S PARCEL NUMBER 110-020-067 APPENDIX "A" P°rtion' to be Acquired '/ Y31" ---? 45. .11 AC -/-R=80.'?.O':. ,,.... I' '/~' 1 DC} 06 51. L--28;82' · .50 0 ' · ( lt~' ~'~."r: ) "' I inch. = 50 ft.. R= 2.70.'00' ... ~o~'o6'5s:'...".' OAKS' TOINNHOUSES omni, t / / Portion to be Acq~d red / / / '/ / 1 i "1 fi) APPENDIX C AMENDED NOTICE OF HEARING AMENDED.NOTICE oF HEARING REGARDING THE ,INTENT OF THE. CITY' COUNCIL OF. THE CITY OF REDDING TO.ACQUIRE'PROPERTY BY. EMINENT- DOMAIN Via Personal Delivery and RegularMail Edward .and :Judy,'Young. 9301 Pond'View DriVe Redding, CA 96002.- Re: Amended Notice of Hearing Regarding Adoption of'a. Resolution of Necessity to AcqUire Property by Eminent Domain (California:Code of Civil Procedure §1245.235) Dear Mr..and. Mrs. Young: 1. Notice Of the'intent'0f the' City Council ("council"). of:the City of Redding ("City") to adopt a ResolufionofNeceSsity: The Council intends to consider the adoPfi6n ofaResoluti0n' of Necessity on Tuesday, December 2, 2003; at-7 p.m., that, if'adopted, will authorize, the City to acquire the property described. he~-ein by eminent domain for the construction of a public-Street connection with Heritagetown Drive, specifically the extension Of Road ,A" to Herital;et0wn Drive ("the Project"). A description of the'pr0perty being considered for acquisition; :marked Aispendix A, accompanies the proposed Resolution of Necessity, attached to this Notice as iExhibit A (which property shall be referred to herein as "the Property"). " 2. Notice of your right to appear and be heard. Please take notice that the City Council of the City of Redding, at its regular meeting to be held on Tuesday, December 2, 2003, at 7 p.m., or as soon thereafter as the matter may be heard, in the City Council chambers located .at 777 Cypress Street, Redding, California, will hold a hearing on whether such a. Resolution of Necessity should be adopted, as required, by California Code of Civil Procedure §1245.220, for'the commencement of an eminent domain proceeding to acquire real property. You have a right to appear ~md be heard before the Council at the above scheduled hea~firig on Notice of Hearing Page 2 the following matters and issues, and to have the Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public :interest and necessity require the proposed project; b. Whether 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. Whether the properl~ sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code §7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code §7267.2(a), a copy of which is attached hereto. e. Whether the City of Redding has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City of Redding has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this notice. Your name appears on the: last equalized County of Shasta assessment roll and as O.wner in our preliminary title report of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are Governmentt Code §§ 37350.5 and 40404. 3. Failure to File a Written Request to Be Heard Within Fifteen (15) Days after the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk of the City of Redding within fifteen (15) days after this Notice was mailed. You must file your request to be heard at 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 the City Clerk for filing within fifteen (15:) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure §1245.235(b)(3) provides that "failure to file a written Notice of Hearing Page 3 request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear anti be heard" on the above matters and issues which are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take the property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming a greater compensation, in and as determined by a court of law in accordance with the laws of the: State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a come of law the issues which are the subject of this noticed hearing and which are concerned with the fight to take the property by eminent domain. 4. Ratification offormal offer to purchase real property. The City Council hereby ratifies and restates the formal Offer to Purchase Assessor's Parcel No. 110-020-067 made to you by'the City of Redding on October 30, 2003:, in the amount of $35,000. If the Council elects to adopt the Resolution of Necessity, then within six (6) months of the adoption of the Resolution, the City will commence eminent domain proceedings in the Superior Court. In that proceeding, the Court or jury will determine the amount of compensation to which you are entitled. Dated November 14, 2003. CONNIE STROHMAYE~,/2'/ty Clerk City of Redding RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY~ OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR RIGHT-OF-WAY FOR PUBLIC-STREET CONNECTION. PROPERTY OWNERS: EDWARD YOUNG AND JUDY YOUNG (Code of Civil Procedure § 1245.330) THE CITY COUNCIL OF THE CITY OF REDDING, by a vote of four-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 pubh'c-street connection with Heritagetown Drive, specifically the extension of Road "A' to Heritagetown · Drive (Projee0, a public use, and, in connection therewith, acquire interests in certain real property. The Project will provide public-street frontage to five standard single-family lots in Unit 1 of the Sunset Oaks subdivision and is required by Section 17.32.040 of the City's Subdivision Ordinance. Acquisition of the property will also provide two points of access at full development of the Sunset Oaks project to all lots within the townhome development, to satisfy the City's General PIan Health and Safety Element Policy HS4I, wlhich requires two points of public-street access for any residential development of 50 lots or more. Tlhe City has required the developer to construct a Public street in this area in conformance with the General Plan and as a second public-street access for general public circulation needs and fire safety established by General Plan Policy HS4J not only for this project, but also for future resident/al development to the east. Said project is for a public use that is a function of the City. -2. The City of Redding is authorized to acquire the parcel described in Appendix A 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 § 1230.010 et seq., and pursuant to California Government Code §§37350.5 and 40404. 3. The property to be acquired consists of portions of Assessor's ParcelNumber 110-020-067, located at Heritagetown Drive at Sunset Oaks Road "A" in Redding, Shasta County, California. The property to' be acquired is more particularly described in Appendix A attached hereto and incorporated herein by reference, together with a map thereof. 4. On October 3 l, 2003, 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 o'f the real property described in Appendix A he, rein, which Notice of Hearing is attached hereto as Appendix B 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 Appendix A, 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. EXHIBIT "A" 5. The hearing described in said Notice of Hearing was held on November 18, 2.003, 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: 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 Appendix A is necessary for the proposed Project; d. The offer required by Government Code §7267.2(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 {~7267.2(a); and 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 Retiring. '6. The do City Attorney is hm:eby AUTHORIZED and EMPOWERED: To acquire in the :name of the City of Redding, by condemnation, the property described in Appendix A, 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; To acquire the property in fee simple absolute;. To prepare or have [~rePared 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 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 irranediate 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 18th day of November, 2003, by' the following four-fifths or more vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: ' COUNCIL MEMBERS: COUNCIL MEMBERS: 'Mark H. Cibula, Mayor Attest: Form Approved: Connie Strohmayer, City Clerl~ Brad L. Fuller, City Attorney LEGAL DESCRIPTION All that real property situate in ~he City of Redding, County of Shasta, State of California, more particularly described as follows: THE WEST ONE-HALF OF T].~IE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 9, TOWNSHIP 31 NORTH, RANGE 4 WEST, M.D.M. EXCEPTING THEREFROM PARCELS A, B, C AND D AS SHOWN ON PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF PARCEL I~IA.PS, PAGE(S) 61; SAID PARCEL IS REFERRED TO AS DESIGNATED REMAINDER PARCEL, ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDiER OF THE COU-NTY OF SHASTA, STATE OF CALIFORNIA ON JUNE 30, 2000, IN BOOK 33 OF. PARCEL MAPS, PAGE(S) 61.' -. BEING SHOWN AS THE DESIGNATED REMAINDER PARCEL ON PARCEL MAP NO. 9-98 FILED FOR RECORD ON JUNE 30, 2000 IN BOOK 33 OF PARCEL MAPS AT PAGE 61; SHASTA COUNTY RECORI)S. ASSESSOR'S PARCEL NUMBER 110-020-067 EXH I BIT "A" Portion t° be Acquired '1 I I I' ~'lt~: 52g~:xO~, 7.It7/03 45. '~438-01 SUNSET · 50' OAKS TOWNHOUSES, Portion to ~e AcqUired .-I '1 I I i ~® .~ 39