HomeMy WebLinkAboutReso 2012-012 - Eminent Domain
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RESOLUTION NO. 2012-012
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY
OF REDDING TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
FOR PERMANENT PUBLIC SERVICE EASEMENT FOR SEWER LINE
AND TEMPORARY CONSTRUCTION EASEMENT
PROPERTY OWNER: WILLIAM T. COX
(Code of Civil Procedure ~ 1245.220)
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. At its regular meeting of July 21,2009, the City Council of the City of Redding approved
Tentative Subdivision Map S-19-03, Westridge III, to develop 236.54 acres to create 132 single-
family lots and open space on property located northeast of Power Line Road, east of Placer Road,
and west of the Canyon Creek Road terminus at Blazingwood Drive. Approval of that project is
subject to specific conditions of approval. Greenview Development is the developer of that project.
Condition No.5 requires that acquisition of all off-site interests in title or easements necessary to
satisfy the requirements of the subdivision approval shall be the responsibility of the developer. In
the. event the developer is unable to acquire such interests, the developer may petition the City
Council for adoption of a resolution initiating eminent domain proceedings over the lands needed
for the off-site improvements.
Condition No.8 requires that all off-site sewer, water, and storm-drain extensions necessary to serve
the subdivision shall be placed in a public street right-of-way or public service easement in a location
approved by the City Engineer. The developer is responsible for acquisition of all necessary off-site
rights-of-way or easements, to be provided in accordance with the Redding Municipal Code.
Condition No. 31 requires, to serve the subdivision, that the developer secure any necessary off-site
easements and extend the existing sewer line in Canyon Creek Road through the upstream boundary
of the developing phase. The sewer line shall be sized in accordance with the City of Redding
Master Sewer Plan. In order to comply with this condition, the developer must obtain: (a) a
permanent public service easement of approximately 8,342 square feet ("Public Service Easement")
to erect, install, construct, remove, repair, replace, reconstruct, maintain and use, for sewer lines any
and all materials, fixtures, appliances, equipment, pipes, pipelines, wires and cables (including fiber
optics) necessary for the transmission, and collection of wastewater over, along, upon, under and
across the parcels of real property described in Exhibits A and A-I and depicted in Exhibits B and
B-1 attached hereto and incorporated herein by reference; and (b) a temporary construction easement
of approximately 4,786 square feet ("Temporary Construction Easement") for the purpose of
erecting, installing, and staging construction of the Permanent Public Service Easement over, along,
upon, under and across the parcel of real property described in Exhibit A-2 and depicted in Exhibits
B and B-1 attached hereto and incorporated by reference. Said properties shall be referred to herein
collectively as "the Property."
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The developer, Greenview Development, made several offers to the property owner, William T. Cox,
to purchase the Property necessary for the Public Service Easement and Temporary Construction
Easement. Written offers were made on June 26, 2007; July 9,2009; and May 3,2011. On June 2,
2011, Mr. Cox responded in writing by stating he did not want to sell the Property and made no
counter offer. Thereafter, the developer requested that the City commence eminent domain
proceedings to acquire the Property pursuant to Condition No.5 of the Tentative Map set forth
above. On January 20,2012, the City reiterated these offers to Mr. Cox for the appraised value as
the first step in commencing eminent domain proceedings.
General Plan Public Facilities and Services Element Policies PF1A and PF1D require that all new
development construct necessary on-site infrastructure to serve the project in accordance with City
standards and that sewers be coordinated in a logical manner between adjacent developments so as
to reduce design, construction, and maintenance costs. The goal of PF6 in the General Plan is to
maintain an adequate level of service in the City's sewage collection and treatment system to meet
existing and future needs. Per the City's General Plan, the acquisition of the Public Service
Easement and the Temporary Construction Easement for sanitary sewer is necessary.
The acquisition of the Public Service Easement and the Temporary Construction Easement in, over,
along, upon, under, and across the Property will conform to the requirements of the Tentative Map
conditions set forth in Tentative Subdivision Map S-19-03and the City of Redding's General Plan.
The extension and connection of the sewer line is for a public use that is a function of the City of
Redding ("City").
Acquisition of the Property for the Public Service Easement and Temporary Construction Easement
is necessary, the most feasible option, and the least intrusive option to satisfy the goals of the City's
General Plan. Specifically, the City's 2003 Sewer Master Plan identifies the need for extension of
a sewer trunk line up the north fork of Canyon Creek to eliminate an existing lift station on Boston
Avenue and to relieve a sewer main in Buenaventura Boulevard. This extension would necessitate
extensive grading and trenching along the north fork of Canyon Creek, including several creek
crossings. This is in conflict with the project design objectives of minimizing potential impacts to
the Canyon Creek watershed.
To address these issues, a solution was developed that involves two phases. The first phase is the
subject of this Resolution of Necessity and will be implemented by the developer. The second phase
will be implemented by the City. With development of the subdivision, the sewer trunk will be
placed within Road "A" (as opposed to along the creek). The developer will construct an interim
lift station near the creek where it is crossed by the emergency access road to Everest Drive. This
interim lift station will serve Lots 111, 112, and 113, but will also be designed to be easily expanded
by the City in the future as a means of abandoning the Boston Lift Station when it becomes
necessary. This solution meets the intent ofthe 2003 Sewer Master Plan without compromising the
capacity ofthe service area and will serve to reduce flows in the Buenaventura Boulevard trunk line.
This solution also reduces potential disturbance of Canyon Creek by placing approximately 3,000
feet of the gravity sewer line within project streets instead of Canyon Creek as suggested in the 2003
Sewer Master Plan.
Extension of sewer service from Canyon Creek to the subdivision requires acquisition of
approximately 1,800 lineal feet of easement across four off-site parcels owned by three separate
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owners. The developer has been able to acquire easements from two of the three property owners,
but has not been able to reach any agreement with William T. Cox, despite having made several
offers as referenced above.
2. The City of Redding is authorized to acquire the property described in Exhibits A, A-I, and
A-2 and depicted in Exhibits B and B-1 attached hereto and made a part hereof for the Public Service
Easement and Temporary Construction Easement, 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 ~ 1230.01 0 et seq., and pursuant to California Government
Code ~S37350.5 and 40404.
3. The Property to be acquired for the Public Service Easement consists of portions of
Assessor's Parcel Nos. 108-540-019 and 203-190-008, located at the west end of Canyon Creek
Road in Redding, Shasta County, California. The Property to be acquired for the Public Service
Easement is more particularly described in the legal description contained in Exhibits A and A-I
attached hereto and incorporated herein by reference. A map of the Property, with delineations
of the easement area, is attached as Exhibits B and B-1 attached hereto and incorporated herein by
reference. The Property to be acquired for the Temporary Construction Easement is more
particularly described in the legal description contained in Exhibit A-2 attached hereto and
incorporated herein by reference. A map of the Property to be acquired for the Temporary
Construction Easement, with delineations of the easement area, is attached as Exhibits B and B-1
and incorporated herein by reference.
4. On January 20,2012, 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, A-I, and A-2 and depicted in Exhibits B and B-1 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, A-I, and A-2 and
depicted in Exhibits B and B-1 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.
5. The hearing described in said Notice of Hearing was held on February 7,2012, 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
RESOL YES 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, A-I, and A-2 and depicted in Exhibits
B and B-1 is necessary for the proposed Project;
d. The offer required by Government Code ~ 7267.2( a), together with the accompanying
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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.
6. 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, A-I, and A-2 and depicted in Exhibits B and B-1, 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 sanitary sewer as
indicated on Exhibits A and A-I and depicted on Exhibits B and B-1 hereto;
c. To acquire the property as a temporary construction easement as indicated on Exhibit
A-2 hereto and depicted on Exhibits B and B-1 hereto;
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 7th day of February, 2012, by
the following four-fifths or more vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Bosetti, McArthur, Sullivan, and Dickerson
COUNCIL MEMBERS: Jones
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
tfl/ tf2e-
DICK DICKERSON, Mayor
Attest: .- " . ~" : ,',- ~ _'
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PAMEL'A)\'l~E~erk
Form Approved:
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EXHIBIT A
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'. EXHIBIT A
SEWER EASEMENT
All1hatceitain real property situate in the CityofR.eddmg. County ofS~ State of Califomia,,'
described as follows:
An easemeDt over a pOItion of'the leal property descn'bed as Parce13 in the Grant Deed. to
William T. Cox recordccl May.18~ 1994 in Book 3161 ofOfficiil R.eoonts atPagti381, Shasta
County{OOOl'ds. which is described ~ follows:
. BegimDng III the northwest comer Qfsaid Pawe13; thmee fi:om said Point ofBegbming alOng
thenortl;t lii1e.ofsaidParcel3, SouthSS044'52"Eut,. 25.22 feet; thence South S<f33'OS" West,
30.51 teet to a pOint O,D 1he ea$t 1ino of saidPatce13; tIJa1ee Nottli 0047'27" Bast along said east
_17.37 feet 10 thePoiDt ofBegi1mit;g. . .
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ContaiDing an area of219 sq. ft., more or less.
.APN; 108-54().()19
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EXBIBIT.it.~l
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EASEMENT. 1
AU that certainreaI propettf situate in the.citY of Redding,. CoUnty. of~ state ~fcaiifOOlia,
d(:$Qribed a.s fblloW$:" . . ..
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Thatporti~ l>fl.et t.~~lOt'roWnstupJl Northt.Ran&eS W~ M.PM. d~~iri ~
Grant Deed w, WiUia$c.~ March 24, 1_ mJJook 22J6 ofOftieial ReCords at Page
2i6.Slla$taCountY ~ ~b:ed ufolJo~' '..
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~.attlie.~__.Qf.saiiLot.l; ~.frotnSlli4' Poiat~~'Jdbn& ~ .
.. eastJine of_d Lot lN~ <rr47~2T' BlI$t, '129' ffet; thewe. s&utb.i.asterly tlIOug a n\lil..1IJ.ll.pnt
c~ W ....left.~ ~the.t&tliu& point bean! ~rtll4r4~02~~ 35JXJ'feetthm\1Pa
eentJal ab.gle of 6tB]rS7'\aa.~'~ 0[41.93: flet; tlwnccrNorth 10~tO'2r~1$ J.S~16
fi +1.........,;, ".,....4. '&'''~tBfl. V...d- to ftll 9........ +10.....:-.: ....-t~ iilN!;a' a ...... _to the
~:~.It'0~.""Q :~,f1':\IIIilI"~ ..~~..~~~t-'Y.... ..~~. '.
ri~tliavlng il ~ qf4!o.QD tioUllil>.ualul cemml ~ ef17.tm-"~$i_ dj$t$~lU'lf .
124.1' fect;. ~~ ~~,.".:~ 105.13.' Ii _,onth,;"l{8:"r~.l.in th,e .
0taIrt Deed "to DGltntulafUl)cllDiert.GtUt,tec0tcte4 ~l~ 199& in Book:rm ofOmciil
1leCorlbat~:-~""'~".'~,~'iJO#~~J?.a~:~:fho.~.~hW ,
. of_ Grant~Qm oa 6Ph.,t7~fet.t t4a~_..u.,_OO'wbb."'''2(l~~''
~~1 ______.I .InI.f.._l.... 4:...-.4L.... . f., ~m..-" :...e.a.:,. -,.....~.:~_-..1line
,SQ~l;;iJ;.Y)~~1N'al~~U.~'\QlIli'ea.MvP~"_.~~~~#H'iU~W~. _'
.haVfD8.tJW~--OfN$1l'~~~:~~''7a~~~nvr.~~~~~
lint., 17{)..o1:&et,1cui.__hiars:Sbftth 1'.~Jr.EiIst.hii1t1io.:__otihe.: -',.
ar~en.ti_ cutV4~araQiu&of4.1().OO:'_ .....~y akmg,a'taupnt'cmve
...t.... i..#\o~......44._. ~~. .J'4AA ni\ ~ m_~i!d.- . ~;, .~~ oftoro>li.o!JA-ilt . . . ~ of
t()~Kl'WI>".~~~~A~~W-~~"'lfV'~"""'~'~J/I'''.~~' '_~~W .,.~~.... .... .'
1 a ~ ~ 4&0.':'___ f..t.....;.t. .l!_~..~" '9/1. G :.~~' ...'.' d.... . ,...4;. t~".; jf--U'Mt I
1 -Q~",,~.~',~;~;N.il~:.,i;,' ".QO~:~:tcr4:~glhuj,$luYl~J}..~~, .: ;
thenCec8len3 the:S01ith lUiefit ~d;Lot IN_ lr44'Sr. W~ is.n~tf,,:the:,;.mtof ,'.
Begfnni11g, , " . .'" '. ", . . - ..
FebmiUy.7.,2>>.12
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. AP.N;203.19~008:
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EXHIBITA-2
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EXIlIBIt:A-2
EASDQ:NT 2
All(hatcerWtl real ptqpet1y ~.iU. theCityofRed~ Co~ofS~ StateofCa1Uomi~
descn1redas fon~ '. . .
A:&trlpcfhmd lS.OO"ttcetwileQVortbatflBrtkm()fLot I, Sectioa lO..Township.3rNo~~ge .
5 West; M.D..M., ~ in the Otitm;Deed.to William Q)x~ MaroJi 24, 1986 in. Book
2216of{)ftleial:~atlt.28(); Shasta C4untYl'eCOtd~ ~'paraJ.1e1 WithandlS.oO ~.
Ir'..a.. ....~. -.....'"-A.at ~Rht ........1.-. to.L-'J:-'d 'J.","'. .ioD... . . . ' .
,~tI.I '#J ..._""-""'" . ' n.. ~ ..I,IJg ~, esQ1'i~, as, . Oft . . ..,
Co~ at'tl1C.~~eOiaer.ofSaidLot 1; ~ hm.qiQ PolmofConnnencement,
al. . the east lineaf"d Lot.1N~...;.t.; AOArt't/fjT'T!.....+ 52~ ~,;;- to tJte'Tnie Point of Be ;... '.. ','
ong . . , au ., , 1Il1l1v.~ A --.". ~. ". . gIl1QJl1S,
thenQe~40in~ T~.Po.nt Q.(~iD8$lutbea$tedf.al<Jng amm-t3ngentoorve to.~ left,from ,
wbieh.the nuti. ~ __N(ntJi48049'02~~ 3$.OQ ~tht().~.centra1 ~'ol
6I938'3,..~.an ire d~~.Of41.9);feet; tberioe.NQrth~10'2S"~. 3S~16. feet; .th.enQe:NQrtb
S6~~3'QS"~ lQ9t~~ rio"ir.~ .~~tQ thui.iuWlnga '
_in, ~f 41~.OO .feeUhliwS\Ja.....apgfo Qf 1.rwtlr', an arod.istanee of 124~ 1fJ feet; 1h,ence
No1th13~'orHtSt lOS;1jto.pointan~SQ~YJfneOfP~IiD;~<h'ent:needtp .
PoiulIland~he1t~~~.~btW..iJ,.l.:in&ok:n92 ofQffi~~~..p.$ge
613, '8hast#CQumy ~.saidpoint bcdng.tke;Poittt oft~.
.~ u,Odllwie Qf~stdp otJaadjJ.to;be~or shortened So a$ ~ ~ 'at theeA91Iine:
oCSaid Lot 1 and ,*-,-::"Ate.atthe .. ' n-_ ..f~":.J u...""'l.. ....
. .~... ~utlet),ilJi\MH_~ .
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: Co"t8h,i~an areaor.4.78'Jq~ 1l~ '_.or 1_
. A'uN'; .2M 1M ht\Q, . '
A,J7", . .'\I~~' 7-v-\lVe: .
. .Febt\wy7. 2012' ·
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EXHIBIT B.
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I ' EXHIBIT B
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" LOT 1
SECTION 10,
I .~ ,T 31 N, R 5 W
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: I COX
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; 31~1 OR 381
APN 108-540-019
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:11 SEHER' EASMENT '
FROU' W1UJAM T. COX'
',i ~m CITY OF REDDING
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EXHIBIT C
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oma OF THE an ClERK
777 C)'Jnss AveIwe, It~ CA Hoot
ROo BOX060l1, RHcIJIs, ~ 9G04'-'07I
5~O.zZ5.4055 EM: 5~0.2Z5.4U3
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NOTICE OF BEARING REGARDING THE IN'tENT OF
THE CITY COUNCIL OF THE CITY OF REDDING TO
-ACQUIRE PROPERTY BY EMINENT DOMAIN
JIia Certified Mail, Return Receipt Requested
tIIUl Regu/llr Mail
William T. Cox
P.O. Box 37 .
Weed, CA 96094
. William T. Cox
P.O. Box 493189 -
Redding, CA 96049-3189
Re: Notice of HeariD.g Regardiag Adoption of a R.esolatioD. of Necessity to
Acquire Property by Eminent Dolilain
(California Code of Civil Procedure 11245.235)
- Dear-Mr. Cox:
1. . Notice of the intent of the CitY Council (uCouncl;l") of the citY ofRedciing("C~")
to adopt a Resolat1oll ofN~ty.. The Councll intends to consider the adoption of a Resolution
of Necessity on Tuesday. February 7.2012, at 6:00 p.m., that, if adopted, win authorize the City to
acqUjre -the property descn"bed herein ~y eminent domain for: (a) a p~ public service
easement of approximately 834 square feet ("Public Service Easementj to erect, install, amstru~t,. '
remove, repair, replace, ~ct, maintain and use, for 8ew~ ~ ai1yandaUmateria~fixtures,
appliances, equipment, pipes, pipelines, wires and cables (including fiber optics) neeeBSaly for the
Uansmission, and collection of wastewater ov-er, along, UPOn. under and acroSs the parcels of~
propertY descnl!ed.in Exhibits -A and A-I IPld depicted in Exhibits B and B-lattached to the
proposed Resolution of Necessity enclosed herewi1h; and (b) a temporary OOIlS1ruCtion easement of
appro.~ately 4,786 square feet ("TemporaryCo~tmction Basement") forthe PUlpose of erecting,
installing, and staging construction of the Permanent Public Service Easement over, along, 'Upon,
~ and aCross theparce1 ofrealproperty described in Exhibit A-2 and depicted in Exhibits B and
. B-1 attached to th~ proposed R.esolutiOn,ofNecessity enclosed h~th. -. _
'Iheacquisition is necessitated by Conditions of Approval Nos. S, 6, 8 and 31 of Tentative
Subdivision- Map Application- .S-19.:-03 for the Westrldge m Subdivision issued by the City of
Redding. Condition 31 specjfically ~es that to "serve the subdivision, the developer shall secure
any neoes,sary off-site easement and extend th~Sting sew~ line in Canyon Creek Road through. '_
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Notice of Hearing
Page 2
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the upstream boundaty of the developing phase. The sewer line shall be sized in accordance with
the City of Redding Master Sewer Plan. "
A coPYoftheproposedResolutiQnofNecessitythatwiU bereoommended to the CityCounciI
for adoption accompanies this notice. A legal description of the property being considered, for
acquisition that is necessary for the Public Service Easement is attached to th~ proposed Resolution
of NecesSity as Exhibits A and A-I and a graphic depiction of that property is attached to the
proposed R.es9lution of Necessity as Exhibits B and B-l. A legal description of the property being ,
considered for ~uisition that is necessaryfor the Temporaty Construction Easement is attached to
the proposed Resolution of Necessity as Exhibit A-2 and a graphic depiction of that property is
attached to 1he Proposed Resolution of Necessity as Exlu"bits B and B-1. Said properties shall be
~erred to herein collectively as "the Property."
2. Notice ofyOQl' right to appear and be h~ Please take notice thatthe City Council
of the City of Redding, at its regular meeting to beheld on Tuesday, Febnwy7, 2012, at 6:00p.m.,
or as soon thereafter as the matter may be heant in the City Council Chambers located at 777
Cypress Street, Redding, Momia, will hold ahearing on whether such a Resolution of Necessity
should be adopted, as requized by Califomia Code of Civil ProcedUre ~ 1245.220, for. the
commencement of an eminent domain proceeding to acquire real property.
You have a right to appear and,be heanf. befpre 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 not to adopt the proposed Resolution of Necessity:
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a.
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Whether the public interest and necessity require the proposed project;
Whether the prop~ed project is planned :Or located in the manner that will be most
compatible with the greatest public good and the least private injury;
Whether. the property sought to be acquired by emin~ domain and described in the
Resolution of Necessity is necessary for 1he proposed project; ,
Whether the offer required by Government Code fi7267.2(a),. togCtber with the'
accompanying slaten1ent .m SUIllIIliuy of ~e basis for the amount established as just
coIDpensatio~ was actuallYmade to you and whether said offer and statement/summary
were in a fonn and containedall of the tactual infonnationrequiredbYGovernin~t Code
g7267.2(a), a copy of which is attaohed hereto.
~the~ofReddinghascompliedwithallCOnditionsandstatutoryrequirements
necessary to exercise the power of,eminent domain (the "right to take" to acquire the
property descn"bed herem, as well, as any other matter reganting the right to take said
',property by eminent domain; and ,
Whether the City of~has statutory .ority~ acquire the property by eminent
domain. _ .. . _:'
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Notice of Hearing
Page 3
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, ,WIlliam T. Cox appears on the last equalized County of Shasta assessment roll as the owner
of property COlnmonly described as Assessor's Parcel Numbers 1 08~540-019 and 203.190-008 that
is required for the Proposed project
The statutes that anthorize the City to acquire the property by eminent domain fQr this
proposed project are Government Code ~f 37350.5 and 40404.
. 3. FaDure to File a Written Request to Be Heard Within Fifteen (1S) Days after the
Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. Jfyou desire
to be heard, please be advised that you must file a written requeSt with the City Clerk of the City of
ReddiD.g within :fifteen (15) days after this Notice was mailed. You 'must file your request to be
heard at the officcrQfthe City CleIk 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 Clerlc for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end of this Notice.
CaIifomia'Code of Civil Procedure fl24S.23S(b)(3) provid~ that ~fai1ure to file~ written
request to appear and be heard within fifteen (IS) days after the Notice Was mailed will result in
,waiver of the right to appear and be he8rd" on the above matters and issues which are the subject of
the'hearing.
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, Ifyoo e~t not to appear a,nd be heard in regal'Cl to compensation, your nonappearance
win not be a waiver of your right to claim greater compensation in a tourt oflaw. TIle amount
to be paid for the property will not ~e considered by the ColUlcll ~t the hearing.
, If you eleet not to appear and not to be heard, your failure to appear liin be a waiver
olyonr right to later challenge the right of the Qty to take the property by eminent domain.
The amount of the cODlpensation ~ bepaid'fortheacquisition of the property
is not a Jm!.ttex or issue being ~ by the Council at this time. Your
~e at this noticed hearing will not prevent you from ciaiming a
greater compensatiaD, in and as determined by a court of law in accordance
with the laws ~f the State of Califomia. This Notice is not intended to
foreclose future i1ego~ODS between)'ou and the representatives of the C'rty
on the amount of compensatiOl:} to be paid for your property.
If you elect not to appear ~ not to be heard, you will only be foreclosed
'. ROll1 raising in a court of Jaw the issues which are the subject of this noticed
hearing and which are concerned with the right to take the property by
, eminent demain.
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Notice of liearing
Pag64
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4. Ratification of formal offer to. pUrdUl8e real property. The ~ Council hereby
. ratifies and restates the formal offer made to you by the city of Redding on Ja.nuary20, 2012, in the
amount of.$4,400 for the Public Servic!3 Easement and $1,300 for the temporary construction
easement, for a total offer of$S,700.
If the Council elects 'to adopt the Resofution ofNe:cessity, then within six (6) months of the
, adoption of the Resolution, the City will commence eminent domain proceedings in the Soperi.or
Court. In that proceeding, the Court or juzy will determine the amount of compensation to which
you are entitled. '
Dated: Janoary20, 2012
(~~
City of Redding
00: lohn W. Reese, II') attoJ:ncy&rGreenviewDevelopmeut
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HHHW._ .e
GOVERNMENT CODE 17267.2. (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
enti,ty 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.
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