HomeMy WebLinkAboutResolution 4459 N.C.S. 02/21/1966 !,s
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Resolution No 1459 1V. C. S.
RESOLUTION ORDERING THE. VACATION AND ABANDON=
MENT AND CLOSING TO PUBLIC' USE OF AN EASEMENT
. FOR ABUTTERSIGHTS. AS. THE SAME, MAY APPEAR
AND MAY 'EXIST IN FACT IN FRONT' OF THE PROPERTY
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
RESOLUTION
INTRODUCED BY COUNCILMAN l °%t / 1 YC At A Regular Meetin of
An Adjourned g
the City Council of the City of,Petaluma:on the 'day Y 66
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RINUNKKAAWAXIM
WHEREAS , the Council of. the City of .Petaluma did, on the 24th day
of January, 1966 , adopt its Resolution: of Intention No. 4435 N.C.S. declar-
ing its intention to vacate, and abandon and close to public use the ease-
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ment for abutters ' rights , more particularly described 'hereinafter, which
resolution was duly and legally posted in the time, form and manner as
required by law, as shown by the affidavit of posting on file in the office
of the City Clerk of this City, and
WHEREAS , after the adoption thereof , notices, of the passage of said
resolution headed "Notice. of Vacation, Abandonment and the Closing to
Public Use of Easement for Abutters ' Rights Mote Particularly Described
in this Notice" were duly and legally posted in the time, form and manner
as required by law as shown by the aff-idavit Of posting on file in the
office of the City Clerk, and
WHEREAS , said Council las , on the 21st d',ay of February , 1966 , held
a public hearing for the ,purpose of hearing the evidence of .any person
interested in or objecting tolsaid proposed abandonment and vacation, and
WHEREAS , said Council having duly received and considered 'evidence
concerning the jurisdictienaljfacts in this proceeding and finds from all
the evidence submitted that the easement or portion of easement hereinafter
described is unnecessary for present or prospective public use , and the
said Council of. the City of Petaluma having now acquired jurisdiction to
order the proposed abandonment and vacation;
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NOW';: THEREFORE, BE IT. RESOLVED by the Council of the City of
Petaluma, pursuant to (and in accordance with .the. authority contained in
the Public ;.Service -EasementsVacation Law (Title V, Division 1 , Part 1,
Chapter 2 , Article 5 of. the Government. Code of the State of California) ,
that the easement for abutter's ' rights .which exist and are located adjacent
to the hereinafter described property. be and the same is hereby vacated,
abandoned and forever closed to public use. The property to which the
abutters ' ;rights exist is more particularly described as follows :'
All that certain real property situate, lying and being in
the County of Sonoma, State of :California, and more particularly
described as follows: .
COMMENCING at the most Easterly corner of Parcel Two conveyed
to Merner Brothers , et- al, by Deed recorded October 22 , 1947 in
. Book 759 at page 6:, Official Records of Sonoma County, said corner
being on the property line common to the lands , now or formerly
of Merner Brothers', "etal , and of Leo 'Poncia, et ux; thence along
said common property line South 35° 53 ' 18" West, 312 . 94 feet to
the Northerly line of the right of way of the Northwestern Pacific
Railroad; thence, along, said Northerly'.line, North 76° 59 ' 12"
West, 1613 . 40 feet to a point distant South 68° 19' 20" West,
245 . 54 feet from ',Engineer''s Station 842+9'0. 23 on the "F" line
of the Department, Of Public Works ' survey for the State freeway
in Sonoma County between 1 mile South of- Petaluma and Cotati ,
Road IV-Son-1-F; thence North 13° 00 ' 48" East, 50 . 00 feet to a
line parallel with ,and, distant 50 feet Westerly and radially from
the "D" line of said survey;. "thence along: said parallel line from
a tangent that bears North 62° 19 ' 35" West along a curve to the
right with a radius^ of) 750 :feet , through an angle of 25° 49 ' 35"
an arc length of 338 :;07 feet, and North 36° 30 ' 00" West, 1 62 . 34
feet and tangent :to, Iest said course along a curve to the left with
a radius of °700 feet,, . lhrough an angle of- 49° 43 ' 35",. an arc length
of 607 .52�"feet, thence North 80° 49 ' 12" West, 239 . 78. feet to the
Southerly line- of the County.. Road between Lakeville and Petaluma;
thence along- said Southerly line South 86° 13 ' 35" East 726 . 52 feet
and South 74° 30 '40" East, 93 . 76 feet to a point distant North 69°
25 ' 58"" West, 358. 80 feet from Engineer' s Station 838+29 . 59 on said
"F" line; thence, continuing along said Southerly line, South 69°
25 ' 58" East, 90.6.06 feet to a line parallel with and distant 62
feet Easterly, at right angles , from the 'D2_" line of said.. survey;
thence along last said'fparallel line South 7° 25' 00" East, 126 . 23
feet; thence South 14° 149-' 27" East, 94 .41 feet; thence tangent to
last said course along-, a. curve to the left with a radius of 150
feet, through an angle(of 56° 26' o., an arc length of• 147.74 feet
to a point distant 'North 13° 00' 48" East, 90. 00 feet from Engineer' s
Station 42+00 on said `;`D" line; thence: South 48° 13 ' 40 East, 57 .04
feet, thence South 72°, -57 ' 08" East, 117.37 feet; thence tangent to
last said course alongia' curve to the left with a radius of 950 feet
through an angle of 22' 21 ' . 17" , an arc length of 370 . 66 feet to a
line parallel with and' distant 50 feet Northerly at right angles
from said "D" line; thence along said parallel line North 84° 41 '
S5"- East,: 28;4 . 09 feet, thence tangent to last said line along a
curve to the left with a radius of 25' feet, through an angle of
154° 07 ' 33" , an arc length of 67':25 feet to said Southerly line
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of said CoUr ty .Road'; thence along said Southerly line South 69;° 25 '
58" East, 162.36 feet, arid tangent •to last said course along a curve
to the left with a ;radius, of 5,00 feet:, 'through an angle of 10"° 09 '
14" , an arc length of 88. 61 feet to the point of commencement. Con-
taining 15. 909 acres , more or less .
This conveyance is made for the purposes. of a freeway and
the Grantor hereby releases and relinquishes to the Grantee any
and all Abutter' s Rights of access , appurtenant to Grantor ' s
remaining property, in and to said freeway.
BE IT FURTHER RESOLVED that the City Clerk is directed to cause
a certified copy of this resolution, attested by said Clerk under the seal of
this City, to be recorded in: the office of, the Recorder of Sonoma County,.
California;
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under the power and authoritycconferred upon this Council by ther Charter of said City.
Seconded by, /" COUNCILMEN VOTE
j Ayes .Noes Absept'
hereby certify that the foregoing resolution ti as duly and. Councilman David W. Brainerd
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regularly introduced',and adoptedyby the Council'of the City of John W. Cavanagh,Jr. �7
Petaluma„ornthe 21st day of Februsafy 1$6 , by J. Colin
the follodiing vote:
r/ ” Hebert C. Gans
(SEAL) =?�/ -k^"/��/�7 -(<:L.-L! c.� . <!) '_ -
Mayor of the City of Petaluma " Philip L. Joerger
Robert,S. Lipman '
Attest ti C�f.�,�--:��. .:r„z yp•.ctG?;-'r/
\ I Mayor.Ivlrs:'Helen Putnam
City Clerk — .'