HomeMy WebLinkAboutAgenda Bill 4.CPart1 11/15/2010DATE: November 15, 2010
TO: Honorable Mayor and Members of the City ouncil through City Manager
FROM: Vincent Marengo, Director of Public Work
SUBJECT: Public Hearing to Consider Adoption of a Resolution of Necessity Determining
that the Public Interest and Necessity Require Acquisition of Certain Real
Property and Real Property Interests, and Directing the Filing of Eminent Domain
Proceedings for the U.S. 101 /East Washington Street Interchange Project (City
Project Number RDA 100208), In and To a Portion of the Property Located at
840 7980 East Washington Street '(APN 007- 031 -001, 007 -473- 040, 007 - 251 -001
and 007- 241 -002), Owned by "Regency Petaluma, LLC, a. Delaware Limited
Liability Company"
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution of Necessity determining
that the public interest and necessity require acquisition of certain real property and real property
interests, and directing the filing of eminent domain proceedings for the U.S. 101/East
Washington Street Interchange Project (City Project Number R.DA100208), in and to a portion of
the property located at 840 -980 East. Washington Street (APN 007 -031 -001, 007 -473 -040, 007-
251 -001 and 007 - 241 -002), owned by "Regency Petaluma, LLC, a Delaware Limited Liability
Company"
BACKGROUND
A. Required Findings for Adoption
1. That the public interest and necessity require the Project;
.2. That the Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private. injury;
3. That the Subject Property is necessary for the Project,
4. That the Subject Property is being acquired for a compatible use and will not
unreasonably interfere with or impair the continued public use, if any, as it now
exists `or may reasonably be expected to exist in the future; and
5. That the Subject Property is being acquired for amore necessary use than the use
to which the property is appropriated if any.
Therefore, staff recommends that the City Council:
Review:
City Attorney — Finance Director
City Manager
• Consider all evidence presented on whether the public interest and necessity require the
Project.
• Consider all evidence presented. on whether the Project is planned or located in the
manner that will be the most compatible with the greatest public good and least private
injury.
• Consider all evidence presented on whether the subject property is necessary for the
Project.
If, based on the evidence presented, the City Council finds and determines each of the
aforementioned, then staff recommends that the City Council adopt the proposed Resolution of
Necessity.
B. Reasons for the Recommendation
It is necessary to acquire the Subject Property in order to obtain possession in time to meet
contract and construction schedules and deadlines. To have the Project certified, the City (and /or
Caltrans) must be in possession and /or ownership of all of the property and property interests
necessary for certification by Caltrans, in order for the project to be ready to list by January
2011. (To qualify a project as 'Ready to List', the project must have all clearances and approvals
necessary to advertise a project. This includes having all permits, agreements, appropriate Right
of Way certification, and FTIP (Federal Transportation Improvement Program) approval.) Staff
recommends adoption of the attached Resolution of Necessity, Attachment 1, which authorizes
the commencement of eminent domain proceedings to acquire the Subject Property, as stated
herein. The proposed Resolution makes the required findings that the City Council is authorized
to acquire the Subject Property through its eminent domain powers by filing an action in court.
The Resolution must be approved by a two - thirds vote. Therefore, as the City Council is a
seven - member body, the Resolution must be adopted by five affirmative votes.
C. Alternatives
The City Council may choose to not adopt the Resolution of Necessity for the Subject Property
and direct staff to continue negotiations. This action would, however, most likely delay the
Project and possibly funding sources. Negotiations with the owners can continue,
notwithstanding the adoption of the Resolution of Necessity or even the filing of an action in
eminent domain.
D. Result of Recommended Action
Action on the Resolution of Necessity will authorize the filing of an action in eminent domain to
acquire the subject property interests for the Project.
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E. Proposed Procedure
Staff recommends that the City Council: (a) hear presentations from staff; (b) open the hearing
and allow the property owners, who have given notice of their intention, to speak, ; (c) allow
staff and /or counsel to respond to any issues raised by the property owners; (d) ask questions of
staff and/or counsel; (d) close the hearing to noticed parties; (e) allow general public comment;
(e) deliberate; and (f) adopt attached Resolution of Necessity which makes the necessary
findings and authorizes the commencement of eminent domain proceedings for the acquisition.
The proposed Resolution of Necessity involves the acquisition of the following from the affected
property owned by Regency Petaluma, LLC, a Delaware Limited Liability Company: partial fee
acquisition, a Temporary Construction Easement and a Utility Easement in Assessor's Parcel
Number ( "APN "): 007 - 031 -00.1, 007- 473 -040, 007 - 251 -001 and 007 -241 -002 (the "Subject.
Property ").
The Subject Property is being acquired for the East Washington Street — Highway 101
Interchange Improvements Project (City Project Number RDA 100208) (the "Project "). The
Project will modify the existing interchange at Washington Street, improving three quadrants of
the interchange, in order to, among other goals, upgrade same to current safety and operational
standards, provide for safe pedestrian and bicycle access; improve traffic circulation and
capacity; and accommodate for planned and anticipated growth. The affected property consists
of 1,497,591 square feet and is unimproved.
Pursuant to the provisions of section 1245.235 of California Code of Civil Procedure, notice has
been given to all persons whose property is to be acquired by eminent domain and whose names
and addresses appear on the last Sonoma County equalized assessment roll, all of whom have
been given reasonable opportunity to appear and be heard before the City Council on each of the
matters it must consider prior to adopting the proposed Resolution of Necessity.
1. Project Need and Description
The East Washington Street- Highway 101 Interchange Improvements (C -1) Project consists of
interchange improvements along the East Washington Street Interchange portion of U.S. Route
1.01 ( "Route 101 ") in Petaluma, California. The Project site, which includes a segment of Route
101 between Caulfield Lane and the Lynch Creek overcrossing, is located entirely within the
limits of the: City of Petaluma. This portion of Route 101 consists of a four -lane highway
mainline, with two northbound and two southbound lanes. The existing on- and off -ramps to
Route 101 along this stretch of highway feed traffic to and from the mainline of Route 101 onto
East Washington Street, a local four -lane roadway. The Project site is located in an area
comprising of a mix of land uses, including residential, commercial, and light industrial uses.
The main purpose of the proposed Project is to reduce present recurring traffic congestion and to
help provide for future vehicular traffic, consistent with the General Plan 2025 (which is
incorporated herein by this reference); to improve access and circulation between Route 101 and
local streets; and enhance safety and operations.
Recurring traffic congestion routinely backs up onto the mainline during morning and evening
hours. According. to Caltrans' .Initial Study with Mitigated.Negative Declaration, dated March
2008, forecasted 2030 traffic volumes at the East Washington Street Interchange indicate that
predicted increases in congestion would result in unacceptable and significant operational
conditions unless improvements are made at this location. The Petaluma General Plan 2025
identifies the Washington Street Interchange Project as a planned improvement.
Currently, the local street connections to Route 101 are congested. The proposed northbound,
diagonal on -ramp would relieve congestion on the local streets, specifically at the intersection of
East Washington Street and the. Route 101 northbound ramps.
Traffic accident data for the Project were obtained from Caltrans for a three -year period (April 1,
2001 — March 31, 2004). (Said data is incorporated herein by this reference as though fully set
forth herein.) The primary collision factors were speeding and improper turns. The high
percentage of rear -end collisions on dry pavement during daylight hours, combined with
speeding, indicates that a contributing factor for many accidents was traffic congestion. The
improvements identified as part of this Project are intended to help alleviate traffic congestion in
the Project area, thus reducing the potential for these types of collisions.
The main elements of the Project consist of reconfiguring the southbound on -ramp, widening the
terminus of the northbound off -ramp from two lanes to four lanes, and adding a new northbound
diagonal on -ramp with a new bridge to free -span Washington Creek as follows: (1) Southwest
Quadrant — existing southbound diagonal on -ramp would be realigned to improve the curve
radius and to include two lanes; (2) Southeast Quadrant — at the terminus of the northbound
diagonal off -ramp, the lanes would be widened from two to four lanes, portions of the existing
lanes of the northbound loop on -ramp would be reconstructed to carry traffic movement from
northbound off -ramp to westbound.East Washington Street; (3) Northeast Quadrant — a new
northbound two -lane on -ramp would be added with a new bridge to span Washington Creek,
eliminating the need for the existing westbound left -turn movement. A retaining wall will be
constructed. Existing underground and above - ground facilities would be relocated within a
utility easement. East Washington Street would be widened to accommodate a right -turn lane to
handle traffic from westbound East Washington Street to northbound Route 101. Traffic signals
on East Washington would be synchronized between McDowell Boulevard intersection and
northbound off -ramp intersection; (4) Washington Creek Bridge — the proposed bridge over
Washington Creek would be a pre -cast clear span concrete structure (119.6 feet long).
2. CALTRANS — NEPA /CEQA - Initial Study and Mitigated Negative Declaration
( "MND ")
Caltrans, the lead agency for the Project, released the Project Initial Study on November 14,
2007 and held a public open house on November 29, 2007 to give the public an opportunity to
review and comment on the document and the Project. The comment period ended on December
14, 2007.
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Caltrans concluded that impacts; due to the proposed Project would be minor and a Categorical
Exclusion (CE) would be prepared for NEPA compliance. Per the Council on Environmental
Quality Regulations Implementing NEPA, CE refers to." a category of actions which do not
individually or cumulatively have a significant effect on the human environment,and'which have
been found to have no such effect in procedures adopted by a Federal agency in adoption of
these procedures (Section 1507.3) and for which, therefore; neither an environmental assessment
nor an environmental impact statemehf is required" (40 CRF 1508.4).
The Initial Study with Mitigated Negative Declaration, dated March 10, 2008, prepared by the
State of California Department of Transportation for the Project (including the Site Investigation
Report and all other reports cited within the MND), is available to view in the City Clerk's
office. Caltrans approved the MND in March 2008, and it and the MND are incorporated herein
by this reference as though fully set forth herein.
3. Project Approvals
On June 1, 2009, the City Council adopted Resolution No. 2009 -075, authorizing the City
Manager to execute a cooperate :agreement between the City and Caltrans for Plans,
Specifications and Estimates (PS &E) and right of way acquisitions for the Project. Resolution
No. 2009 -075 is incorporated herein,by this reference as Attachment 2, as though fully set forth
herein.
On June 3, 2009 the City entered into a "Cooperative Agreement" with the State of California to
complete the PS &E and right of way phases of the Project. The City agreed to be the
implementing agency for both PS &E and right of way. The June 3, 2009 Cooperative
Agreement is incorporated herein by this reference as Attachment 3, as though fully set forth
herein.
Pursuant to the Cooperative Agreement, the City is authorized to finance, design and acquire all
lands and property interests necessary for the Project.
The City also entered into a "Cooperative Agreement" with, the Sonoma County Transportation
Authority on Octo. ber 26, 2009, regarding funding for the Project., The City's Cooperative
Agreement with SCTA is incorporated herein by this reference as Attachment 4, as though fully
set forth herein:.
On October 19, 2009, the City adopted Resolution No. 2009 -172, authorizing the City to seek
authorization from the State to conduct resolutions of necessity hearings for the Project, if
necessary. Resolution No. 2009 -172 is incorporated herein by this reference as Attachment 5, as
though fully set forth herein.
Caltrans approved ;the City's request to hear the resolutions of necessity, if any, on September
30, 2010. Said approval is incorporated herein by this reference as Attachment 6, as though fully
set forth herein.
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4. Notice.of Hearing on the Resolution of Necessity
On October 1, 2010, pursuant to Caltrans.. regulations and California statute, the City provided
written notice to the property owners of its intention to adopt a resolution of necessity after a
hearing on November 15, 2010 The City's letter and "Notice of Intention to Adopt Resolution
of Necessity" served on Regency Petaluma, LLC, a Delaware Limited Liability Company is
incorporated herein by this reference as Attachment 7, as though fully set forth herein.
5. The Subject Property and Proposed Acquisition
The subject parcel is owned by the Regency Petaluma, LLC, a Delaware Limited Liability
Company; contact is Ryan McNamera. The parcel is vacant.
The proposed Resolution of Necessity involves the acquisition of the following:
Highway Easement.
3,352 square meters [36,081 square feet]
Caltrans' Parcel 60296 -1
Temporary Construction Easement
1,356 square meters [14,596 square feet]
Caltrans' Parcel 60296 -2
Utility Easement
1.524 square meters [687 square feet]
Caltrans' Parcel 60296 -3
Legal descriptions and maps for the proposed acquisitions are set forth in Exhibits "A," "B," and
"C" attached to the proposed Resolution of Necessity, attached hereto as Attachment 1.
The City is vested with the power of eminent domain to acquire real property interests at 840 —
980 E. Washington Street, Petaluma, California, by virtue of Article 1, Section 19, of the
Constitution of the State of,California; California Code of Civil Procedure sections 1240.010 -
1240.0,50, 1240.110, 1240.120,1240.150,1240.350; California Government Code sections
37350.5, 37353, 39792, 38900, 40401 and 40404; City of Petaluma Resolution No. 2009 -172;
City of Petaluma Resolution No. 2009 -075; "Cooperative Agreement" between the City of
Petaluma and Caltrans dated June 3, 2009; "Cooperative Agreement" between City of Petaluma
and Sonoma County Transportation Authority dated June 3, 2009; and approval by Caltrans for
the East Washington Street/Highway 101 Interchange Improvements Project all of which are
incorporated herein by this reference as though fully set forth herein.
6. Offer to Purchase
On August 10, 2010, the City made a written offer to purchase the Subject Property based on an
independent appraisal. City staff and the City's right -of -way consultant have had a number of
discussions with the property owners, who understand the Project and the need for the City to
acquire the property. Unfortunately, negotiations to date have been unsuccessful. Negotiations
will continue, even if the Council adopts the Resolution of Necessity. Staff and the City's right -
of -way consultant continue to have discussions with the owners and make every attempt to arrive
at a negotiated purchase price. The amount of compensation to be paid to the property owners is
not a required finding and passage of the Resolution of Necessity is not dependent on
determining the amount to be paid. In order to meet critical deadlines, the Proj'ect's schedule
requires that the City proceed with the hearing at this time.
DISCUSSION
Adoption of the Resolution of Necessity and Findings
By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of
an eminent domain action to acquire the Subject Property, as aforementioned. Before adopting
the Resolution of Necessity, the City Council must make the following findings based on
evidence presented at the hearing:
The public interest and necessity require the Project.
The acquisition of private property for a public right -of -way has long been regarded as a
"public use" for which the use of eminent domain is justified. Here, there are several
statutes in the California Code of Civil Procedure and California Government Code
authorizing the use of eminent domain for purposes of constructing, improving and/or
expanding public right -of- ways. (California Code of Civil Procedure sections 1240.010-
1240.050, 1240.110 - 1240.120, 1240.610; Government'Code sections 37350.5, 37353,
39792, 40401, 40404.)
The Project is needed to reduce congestion for morning and evening commuters, to solve
current operational and safety deficiencies, and to accommodate anticipated and planned
growth within the City and the region, which is consistent with the adopted General Plan.
An expanded interchange will provide for centralized regional access for both local and
cross -town circulation. These efforts will also enhance the economic viability of the
City's commercial and retail base. Pedestrian crossings, as well as ADA and bicycle
access will be replaced to current standards.
2. The proposed project is planned or located in a:manner that will be the most compatible
with the greatest public good and the least private injury.
Efforts were made to minimize the number of properties and property interests needed
and to reduce other negative impacts without compromising the Project. However, unless
the interchange were completely moved, the improvements to same must be located
where they are currently proposed. Portions of the Project are set forth within regional
shopping centers, and other portions, including those within the subject parcel, are within
vacant property. A no- project alternative was considered; however, in that instance, the
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public safety and traffic congestion issues would continue to worsen. Thus, the no-
project alternative was rejected.
3. The property interests described in the Resolution of Necessity are necessary for the
Project.
Due to the location of the Subject Property, the Project cannot go forward without
acquisition of the Subject Property as listed herein. There is no alternative land on which
to realign the Project without creating a greater impact or without compromising the
Project. The existing residential neighborhood on the southeast corner of the interchange
poses a significant physical constraint to interchange modifications. The Project
placement has taken into consideration and places the Project within a vacant parcel,
existing landscape and easements areas as much as possible.
4. The offer required by Government Code section 7267.2 has been made to the owner of
record.
A written offer to purchase and an appraisal summary statement for the Subject Property
was provided to the owners on August 10, 2010. The Gity has been unsuccessful to date
in attempts to acquire the Subject Property through negotiations.
5. The Subject Property interests are being acquired for a compatible use such that the City's
use of the Subject Property will not interfere with or impair the continued use of the
Subject Property for the public use that exists or may reasonably be expected to exist in
the future on the Subject Property, pursuant to California Code of Civil Procedure
Section 1240.510.
The Subject Property may be affected by other public utility easements and /or an
easement in favor of the City of Petaluma for drainage purposes. The acquisitions and
use of the Subject Property for the public use required for the Project will not interfere
with or impair the continuance of the City's public use as it exists or may reasonably be
expected to exist in the future, pursuant to California Code of Civil Procedure Section
1240.510.
6. The use for which the Subject Property is sought to be taken is a more necessary public
use than the use to which the property is currently appropriated, pursuant to California
Code of Civil Procedure section 1240.610.
The Subject Property is being acquired for a more necessary public use pursuant to
California Code of Civil Procedure section 1240.610, to wit, a public right of way.
Insofar as the Subject Property has been put to public use (per the aforementioned
easement), the acquisition and use of the Subject Property for public use by the City for
the Project is for more necessary public use. Moreover, as previously indicated, the
City's use will not impact any of the current use for drainage purposes or any other public
use reasonably foreseeable in the future. If any current or future uses cannot co -exist
with the proposed use of the Subject Property, the proposed use should dominate.
FINANCIAL IMPACTS
Total project budget is $4M in PCDC funds and $1.27M Measure M 101 funds allocated for
right of way capital (Amendment Number One to the Sonoma County Transportation Authority
Cooperative Agreement) for a total budget of $5.27M. The City's components of the project
include right -of way acquisition from three parcels, project design, Caltrans design services
(outlined in the approved cooperative agreement), design services during construction, and utility
relocation. The current project balance is $3,837,120.79.
ATTACHMENTS
1. Resolution of Necessity for Acquisition of the Subject Property with attachments
Exhibit A: Legal Description of Highway Easement parcel (Caltrans' Parcel 60296 -1)
.Exhibit A -1: Plat Map of Highway Easement parcel (Caltrans' Parcel 60296 -1)
Exhibit B: Legal Description of Temporary Construction Easement (Caltrans' Parcel
60296 -2)
Exhibit B -1: Plat Map of Temporary Construction Easement (Caltrans' Parcel 6026 -2)
Exhibit C: Legal Description.of Utility Easement (Caltrans' Parcel 60296 -3)
Exhibit C -1: Plat Map of Utility Easement (Caltrans' Parcel 60296 -3)
2. Resolution No. 2009 -075
3. "Cooperative Agreement" with the State of California
4. "Cooperative Agreement" with the Sonoma County Transportation Authority
5. Resolution No. 2009 -172
6. Caltrans approval of the City's request to hear the resolutions of necessity
7. "Notice of Intention to Adopt Resolution of Necessity
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ATTACHMENT 1
RESOLUTION OY NECESSTI'Y
DETERMINING THAT THK PUBLIC INTEREST AND NECESSITY REQUIRE
ACQUISITION OF CERTAIN REAL PROPERTY AND REAL PROPERTY
INTERESTS, AND DIRECTING THE FILING OF EMINENT' DOMAIN
PROCEEDINGS
EAST WASHINGTON STREET /HIGHWAY 101 INTERCHANGE
IMPROVEMENTS PROJECT
840 -980 East Washington Street, Petaluma, CA
(APN 007- 03.1 -001, 007- 473 -040, 007 - 251 -001 and. 007- 241 -002)
Property Owner: Regency Petaluma, LLC, a Delaware Limited Liability Company
WHEREAS, the purpose of the East Washington Street/Highway 101 Interchange
Improvements Project (the "Project ") is to alleviate existing traffic - related. impacts, which will
require that additional right -of -way be acquired along State Route 101 and the East Washington
Street Interchange to accommodate road widening and the relocation of utilities; and
WHEREAS, the Project -is consistent with the adopted General Plans for the City of
Petaluma and the County of Sonoma, as well as the Sonoma County Transportation Authority for
EastWashington Street; and
WHEREAS, California Streets and Highway Code section 130 authorizes the State of
California, Department of Transportation, ( "Caltrans ") and the City of Petaluma to enter into a
contract regarding the acquisition; construction, improvement, or maintenance of any State
Route; and
WHEREAS, the City Council of the City of Petaluma adopted Resolution No. 2009 -075
N.C.S. on June 1, 2009, to enter into a "Cooperative Agreement," dated June 3, 2009, with
Caltrans to construct the Project improvements; and
i WHEREAS, for the above reasons, it is desirable and :necessary for the City of Petaluma
to acquire a Highway Easement parcel (Caltrans' Parcel 60296 -1), a Temporary Construction
Easement (Caltrans' Parcel 60296 -2), and a Utility Easement (Caltrans' Parcel 60298 -3) in and
to a portion of the subject property, located 840 -980 East Washington Street, in the City of
Petaluma, Sonoma County, California, (Assessor's Parcel Number 007 - 031 -001, 007 -473 -040,
007 -251 -001 and 007 - 241 -002) as more particularly described in Exhibits A, A -1, B, B -1 and C,
ME,
C -1, which are attached hereto and made a part hereof by this,reference and are hereinafter
referred to as the "Subject Property "; and
WHEREAS, the City of Petaluma is vested with the power of eminent domain to acquire
real property for the Project by virtue of Article 1, Section 19, of the Constitution of the State of
California; California Code of Civil Procedure sections 1240.01'0 - 1240.050, 1240.110,
1240.120, 1240.150, 1240.350; California.Government Code sections 37350.5, 37353, 39792,
38900, 40401 and 40404; City of Petaluma Resolution No. 2009 -172 N.C.S.; City of Petaluma
Resolution No. 2009 -075 N.C.S.; "Cooperative Agreement" between the City of Petaluma and
Caltrans, dated June 3, 2009; "Cooperative Agreement" between City of Petaluma and Sonoma
County Transportation Authority, dated October 26, 2009; approval by Caltrans for the East
Washington Street/Highway 101 Interchange Improvements Project; and;
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City of Petaluma
has provided the owners of the Subject Property, a copy of the "Notice of Intent to Adopt
Resolution of Necessity" informing them of the date and time any interested person can be heard
before the City Council, on the following matters, and to have the City Council give
consideration to testimony prior to deciding whether or not to adopt the proposed Resolution of
Necessity to commence eminent domain proceedings:
1. Whether the public interest and necessity require the Project;
2. Whether the Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the Project;
4. Whether the offer required by Government Code section 7267.2 has been made to the
owner of record;
5. Whether the Subject Property is being acquired for a compatible use under Code of Civil
Procedure section 1.240.510 in that the City's use of the property will not unreasonably
interfere with impair the continued public use as it now exists or may reasonably be
expected to exist in the future; and
6. Whether the Subject Property is being acquired for a more necessary public use under the
Code of Civil Procedure section 1240.610 in that the City's use of the property is a more
necessary public use than the use to which the property is appropriated.
WHEREAS, pursuant to the provisions of section 7267.2 of the Government Code of the
State of California, the City of Petaluma has made an offer to the owner of record to acquire the
Subject Property for just compensation and provided same with an appraisal summary statement;
and
WHEREAS, the City of Petaluma.has satisfied the provisions and complied with all
requirements of the California Environmental Quality Act ( "CEQA ") and the National
Environmental Policy Act ( "NEPA' ), and public notice has been given in the form provided by
law, and members of the public have been given an extensive opportunity for public review and
comment on the Project; and
WHEREAS, on October 19, 2009, the City Council adopted Resolution of Necessity No.
2009 -172 N.C.S. seeking authorization from Caltrans to conduct Resolution of Necessity
Hearings for the Project, and thereafter, the City received the aforementioned authorization from
Caltrans on September 30, 2010; and
WHEREAS, the City Council considered this matter as an item placed on its agenda at
its noticed meeting of November 15, 2010; and
WHEREAS, all the findings and conclusions made by the City Council pursuant to this
Resolution are based upon substantial evidence in the entire record before the City Council, and
not based solely on the information provided in'this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed and considered all of the information and data in the administrative record, including
each of the Project - related documents relevant to the adoption of this Resolution, including but
.not limited to, the General Plans of the City of Petaluma and the County of Sonoma, the
aforementioned resolutions, the Draft Environmental Impact Re port/Environmental Assessment,
the Final Draft Environmental Impact Report/Environmental Assessment, and the Project Study
Report, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the City Council has endeavored in good faith to consider the pros and cons
of the issue before it, and specifically whether: (1) the public interest and necessity require the
Project; (2) the Project is planned or located in the manner that will be the most compatible with
the greatest public good and the least private injury; and (3) the Subject Property is necessary for
the Project, in order to affirm each of the aforementioned prior to the application of its power of
eminent domain in this particular instance; and
WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred.
NOW, THEREFORE, it is found, determined, and resolved by the City Council of the
City of Petaluma as follows:
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1. The above recitals are true and correct and are matters on which these findings are based.
2. The public interest and necessity require this Project, and specifically for the construction
of the improvements to replace and expand the East Washington Street/Highway 101
Interchange in order to mitigate existing interchange operational and safety deficiencies.
The Project is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury as determined, in part, after an extensive
environmental review process.
4. The taking of the highway easement parcel, temporary construction easement and utility
easement, more particularly described and depicted in Exhibits A through C -1 are
necessary for the Project.
5. The offer required by Government Code section 7267.2 was made to the owner of record.
6. The proposed public use of the Project will not unreasonably interfere with or impair the
continuance of the public uses, if any, as they currently exist or may reasonably be
expected to exist in the future, pursuant to California Code of Civil Procedure section
1240.510.
7. The public use for which the Subject Property is sought to be taken is a more necessary
public use than the public uses to which the property is currently appropriated, pursuant
to California Code of Civil Procedure Section 1240.610.
8. While continuing to make every reasonable effort to acquire the Subject Property
interests by negotiation, the City Attorney of the City of Petaluma or his duly authorized
designee be, and is hereby, authorized and directed to institute and conduct to conclusion
an action in eminent domain for the acquisition of the Subject Property and to take such
action as may be deemed advisable or necessary in connection therewith.
9. An order for prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Deposit Fund, in the amount determined by the
Court to be so deposited, as a condition to the right of prejudgment possession.
452.139/15119981
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Parcel 1 (60296 -1
Being a portion of the lands of Regency Petaluma, LLC; as described in that Grant
Deed from Petaluma City Joint Union High School District, filed May 18, 2004 under
Document No. 2004- 074843, Official Records of the County of Sonoma and being
more particularly described as follows:
Commencing at a point on the existing right of way of the State of California, as right of
way is described in that Grant Deed from Blackwell Company to the State of California,
filed December 11, 1952 in Book 1175 of Official Records at Page 47, Sonoma County
Records, said point lying at the southwesterly terminus of the course recited as "S.
66 0 49'00" W ., 134.26 feet" in the last said deed; thence along said existing right of
way, along a curve to the left, from a tangent that bears South 67 0 42'36" West with a
radius of 67.054, meters, through a central angle of 6 °40'39', for a distance of 7.815
meters to the Point of Beginning of the parcel to be herein described;
thence, from said POINT OF BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38 °59'59 ", for a distance of 27.963 meters;
thence, North 44 °52'30" East, for a distance of 69.003 meters;
thence, along a tangent, curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45 ", for a distance of 102.495 meters;
thence, along a compound curve to the right, with a radius of 50.000 meters, through a
central angle of 13 0 54'15 ", for a distance of 12.134 meters;
thence, South 55 °49'30" East, for a distance of 68.527 meters;
thence, South 52 °48'41" East, for a distance of 33.595 meters;
thence, South 50 °08'06" East, for a distance of 27.854 meters;
15
thence, along a tangent curve to the right, with a radius of 307.000 meters, through a
central angle of 04 °51'05 ", for a distance of 25.995 meters;
thence, along a compound curve to the right, with a radius of 882.901 meters, through
a central angle of 03 °00'58 ", for a distance of 46.478 meters to a point in the
northwesterly boundary of the lands of the State of California as described that deed
recorded September 8, 1972 in Book 2661 of Official Records at Page 964, Sonoma
County records;
K :1Eng0910990841CocslLegals12421 _Regency ROW.doc
8/12/10
15
thence, along said northwesterly boundary, North, 48 0 08'38" East, for a distance of
2.514 meters to the existing right of .way of the lands of the State of California as
described in that Grant Deed from Blackwell Company to the State of California, filed
December 11, 1952 in Book 1175 of Official Records at Page 47, Sonoma County
Records;
thence, along said existing right of way the following 7 courses: 1) on ,a non - tangent
curve to the left, from a tangent that bears; North 42 °51'30" West, 'with a radius of
868.71.6 meters, through a central angle of 14 °42'51 ", for a distance of 223.096
meters;
2) thence, North 57 °34'09" West, for a distance of 21.686 meters;
3) thence, along a .non- tangent curve to the left, from .a tangent that bears North
57 0 34'06" West, with a radius of 33:527 meters, through. a central angle of 76 °07'18 ",
for a distance of 44.543 meters;
4) thence, South 46 0 18'36" West, for a distance of 98.024 meters;
5) thence, along a tangent curve to the right, with a radius of 85.344 meters, through a
central angle of 21 °24'00 ";'for a distance of 31.876 meters;
6) thence, South 67 0 42'36" West, for a distance of 40.921 meters;
7) thence, along a tangent curve to "the left, with a radius_ of 67.054 meters, through a
central angle of 06 °40'39 ", for a distance of 7.815 meters to the POINT OF
BEGINNING.
Containing 3,352 square meters (0.335 hectares), more or less.
This conveyance is made for the purpose of a freeway and °the grantor hereby releases
and relinquishes to the: grantee any and all abutter's :rights 'including access rights,
appurtenant to grantor's remaining property, in and to said freeway.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Divide the above distances by 0.9999668,86 to obtain ground distances.
Prepared by: \ �Np1 LAND
BKF / Carlenzoli
Exp.
Ralph H: Thomas(tZ..No. 60
Lic. Exp. 9/30/11 TqT
F OF CAI
K:1Eng091 099084 \Docs \Lega1s12421_Regency ROW.doc
8112110
Dated:. t_/ 10
1 ! -Q
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11
L:
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15
oi
C'
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CL
LANDS OF
REGENCY PETALUMA LLC 3 * 5 4'1
.DN 2004, 074843 R=MOCOrn L=1 2-134m
S36'57'1 O
0.1 20m
POINT OF COMMENCEMENT
STATION 76+31-918 IBRASS DISK' MARK
OF "P" LINE STATION 7t9+77.67
OF 'F LINE
Q 052'48'41 "W "W
N50
DETAIL )) A
R=�r307.00&n
NOT TO SCALE
L�=25.996m
x=3'0 .
R=882.90 m
L=46:478rn
POINT Or BEGINNING
STATE OF C ALIFORNIA P :)
PEDESTRIAN OVE CROSSING
2661 O.R. 964
O -0 40000 Z46 1,00 :METERS
jCO2.W
6MM mumm— — N4T16'02"W
1:200.0 TAN. BRG.
DATE REGENCY RETAPMA, LLC TO
OCTOBER 2009
STATE OF CALIFORNIA
DRAWN BY
BJA p) - D — )
JOB NO. � ���
2421 RALPH H. THOMAS LS 4760
Z.
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2.514m
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CAP,LIENZOLI
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MAssoCIATES.
civil Engineers Land Surveyors PZ—e-
325 T CI RCLE. SANTA ROSA. C& 95401
1767) 542-6465 FAX (7071 542-1645
is
BRASS DISK M
STATION 760 +00 ON LI NE
R=67,054rri
L=7.815rn
- 11 9.
0
R=85.344M
L%P31.876m
:N4 .,
- 6 -18 '36"C
4-�
:1 0
-38'59'5 w 6g 0 0 3m
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9 8: 02 4 m 1?,- -?6--
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= F 1.082
L=21 '.963m
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LANDS OF
REGENCY PETALUMA LLC 3 * 5 4'1
.DN 2004, 074843 R=MOCOrn L=1 2-134m
S36'57'1 O
0.1 20m
POINT OF COMMENCEMENT
STATION 76+31-918 IBRASS DISK' MARK
OF "P" LINE STATION 7t9+77.67
OF 'F LINE
Q 052'48'41 "W "W
N50
DETAIL )) A
R=�r307.00&n
NOT TO SCALE
L�=25.996m
x=3'0 .
R=882.90 m
L=46:478rn
POINT Or BEGINNING
STATE OF C ALIFORNIA P :)
PEDESTRIAN OVE CROSSING
2661 O.R. 964
O -0 40000 Z46 1,00 :METERS
jCO2.W
6MM mumm— — N4T16'02"W
1:200.0 TAN. BRG.
DATE REGENCY RETAPMA, LLC TO
OCTOBER 2009
STATE OF CALIFORNIA
DRAWN BY
BJA p) - D — )
JOB NO. � ���
2421 RALPH H. THOMAS LS 4760
Z.
to
vi
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* 9
- 1
0
z n-1
&I
S48
2.514m
I
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CAP,LIENZOLI
N I)
MAssoCIATES.
civil Engineers Land Surveyors PZ—e-
325 T CI RCLE. SANTA ROSA. C& 95401
1767) 542-6465 FAX (7071 542-1645
is
I�
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (60296 6-2)
Being an easement for construction purposes and incidents thereto, upon and across
a portion of the lands of Regency Petaluma, LLC, as described in that Grant Deed
from Petaluma City Joint Union High School District, filed May 18, 2004 under
Document No. 2004- 074843, Official Records of the County of Sonoma and being a
strip of land of the uniform width of 3.000 meters lying southerly and westerly of the
following described line:
Commencing at a point on the existing right of way of the State of California, as said
right of way is described in that Grant Deed from Blackwell Company to the State of
California, filed December 11, 1952 in Book 1175 of Official Records at Page 47,
Sonoma County Records,, said point lying at the westerly terminus of the course
recited as "S. 66 0 49'00" W 134.26 feet" in the last said deed; thence along said
existing right of way, along a curve to the left, from a tangent that bears, South
67 °42'36" West with a radius of meters, through a central angle of 6 °40'39 ", for
a distance of 7.815 meters to the Point of Beginning of the line to be herein described;
thence, from said POINT OF` BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38 6 5959 "; for a distance of 27.963 meters;
thence, North 44 °52'30" East, for a distance of 69.003 meters;
thence, along a tangent curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45 ", for a distance of 102.495 meters;
thence, along a compound curve to the right, with a radius of 50.000 meters, through a
central angle of 13 °54'15 ", for a, distance of 12.134 meters;
thence, South 55 °49'30" East, for a distance of 68.527 meters;
thence, South 52 °48'41" East, for a distance of 33.595 meters;
thence, South 50 °08'06" East, for a distance of 27.854 meters;
thence, along a tangent curve to the right, with a radius of 307.000 meters, through a
central angle of 04 °51'05 ", for a distance of 25.995 meters;.
thence, along a compound curve to the right, with a radius of 882.901 meters, through
a central angle of 03 °00'58', for a distance of 46.478 meters to a point in the northerly
boundary of the lands of the State of California as described that deed recorded
September 8, 1972 in Book. 2661 of Official Records at Page 964, Sonoma County
Records and the POINT OF TERMINATION of the hereinabove described line.
KAEng091099084TocAega1s12421 _Regency TCE(2).doc
8112110
The sidelines 'of said easement shall be
lengthened or shortened as necessary to
intersect said common boundary of the lands of Petaluma Regency, LLC, and the
lands of the State of California as described in that Grant Deed filed September 8,
1972 in 'Book 2661 of Official. Records at Page 964, Sonoma County Records, on the
south and said lands of the State of'California on the north.
Containing 1,356 square meters (0.136 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Prepared by:
o �P� LANQ
BKF / Carlenzoli X55 �N H• Tye
r Exp. 09/30/11 aced: .6 ' ,
Z r c7
Ralph H. homas, �' o. 4 6
OF C
M
K: IEng0910990841DocslLega{s\2 Regency TCE(2).doc
8112/10
2�
22
E
0
0
0
s.
a
0
a
POINT OF BEGIN
a= 6'40'39
R= 67.054m
L =7 ..815m
POINT OF COMMENCEMENT
(S66'49'00 "W 134.26' - PER 1175 O.R. 47)
I
FUTURE RIGHT OF WAY LINE
T I
O
T
A= 38'59'59" N
R= 41.082m 69 p03m
L= 27.963m
LANDS OF
REGENCY PETALUMA LLC
DN 2004- 074843
p 40 100
SCALE 1:2000 METERS
STATE OF CALIFORNIA -
PEDESTRIAN OVERCROSSING
2661 O.R. 964
H-
09/30/11
2421EXH9— Regency_TCE.dwg
3.000m J
p= 65'23'45"
R =89.800m
L= 162.495m
to
A-.13
R= 50:000m
L= 12.134m
S52'48'41 "E
33.595m
S50'08'06"E
27.854m
A=- 4'51'05 " -
R= 307: b00m
L= 25.995m
d =3`00'58" --
R =882.901 m
L= 46.478M
Q
C�
H
S
Subject TEMPORARY CONSTRUCTION EASEMENT
9j Qf CIRCLE OVER THE LANDS OF REGENCY PETALUMA, LLC
SANTA ROSA, CA 95401 Job No. 20099084
PH 707 -542 -6465
FAX: 707 542 - 1645 B JAK SDHEET APR 10 C
25
EXHIBIT C
2y
p .-
�
s � �,, ✓l, �, �� 1 j
n > w
BKF l Caflenzoli
Engineers / Surveyors I Planners
325 Tesconi,Circle
Santa Rosa, CA 95401
'l A R ' E N Z Q L' I Tel, 707- 542 -6465
Fax. 707- 542 -1645
ENGINEERS. SLIP.VFYORS I PLANNERS WWW:bkf. corn
1.524 METER UTILITY EASEMENT
Parcel 1 (60296 -3)
Being a portion of the lands of Regency Petaluma, LLC, as described in that Grant
Deed from Petaluma City- Joint Union High School District, filed May 18, 2004 under
Document No. 2004 - 074843, Official Records of the County of Sonoma and being a
strip of land of the uniform width of 1.524 meters lying southerly and westerly of the
following described line:
Commencing at. a point on the existing right of way of the State of California, as said
right of way is described in that Grant Deed from Blackwell 'Company to the State of
California, filed December 11, 1952 in Book 1175 of Official Records at Page 47,
Sonoma County Records, said point lying at the westerly terminus of the course
recited as "S. 66 °49'00" W ., 134.26 feet" in the last said deed; thence along said
existing right of way, along a curve to the left, from a' tangent that bears, South
67 °42'36" West with a radius of 67.054 meters, through a central angle of 6 °40'39 ", for
a distance of 7.815 meters to the Point of Beginning of the line to be herein described;
thence, from,said POINT OF BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38'59'59 ", for a distance of 27.963 meters;
thence, North 44 °52'30" East, for a distance of 69.003 meters;
thence, along a tangent curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45 ", for a distance of 102.495 meters;
thence, along a compound curve to the right, with a radius of 50.000 meters, through a
central an of 13 °54'15 ", for a distance of 12.134 meters;
thence, South 55 °49'30" East, for a distance of 68.527 meters;
thence, South 52 °48'41" East, for a distance of 33.595 meters
thence, South 50 °08'06" East, for a distance of 27.854 meters;
thence, along a tangent curve to the right, with a radius of 307.000 meters, through a
central angle of 04 °51'05'', for a distance of 25.995 meters;
thence, along a compound curve to the right, with a radius of 882.901 meters, through
a central angle of 03 °.00'58 ", for a distance of 46.478 meters to a point in the northerly
boundary of the lands of the State of California as described that deed recorded
K :1Eng0910990841DocslLegais12421 _Regency Utility).doc
8112/10
2's
r
BKF I. Carlenzoli
Engineers t Surveyors 1 Planners
325 Tesconi Circle
Santa Rosa, CA 95401
C A B L E N Z O L I Tel. 707 -542 -6465
Fax. 707 -542 -1645
FNGINEERS'; SUR VEYQRS,',P:LANNERS www.bKcom
September 8, 1972 in Book- 2661 of Official Records at Page 964, Sonoma County
Records and the POINT OF TERMINATION of the hereinabove described line.
The sidelines of said easement shall be lengthened or shortened as necessary to
intersect said common boundary of the lands of Petaluma Regency, LLC, and the
lands of the State of California as described in that Grant Deed filed September 8,
1972 in Book 2661 of Official Records at Page 964, Sonoma County Records, on the
south and said lands of the State of California on the north.
Containing 687 square meters (0.069 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Prepared by:
BKF / Carlenzoli
Ralph HI Thom@
5 N 9
09!30111
MK
MU
K: 1Eng091 099084kDocs \Legals\2421_Regency Utility).doc
8112110
IM
2'�
X6'40'39"
POINT OF BEGINNING? R =67.054m
/ L= 7.815m
N POINT OF COMMENCEMENT
(566'49'00 "W 134.26' PER 1175 O.R. 47)
X38'59'59"
R= 41.082m
L= 27.963m
TORE RIGHT OF WAYJUNE
1.524m (5.00 FT.)
LANDS OF
REGENCY PETALUMA LLC
DN 2004 - 074843
0 40 100
SCALE 1:2000 METERS
im
STATE OF. CALIFORNIA
PEDESTg1. VERGROSSING
/i�P1 LAI4 O.R. 964
0
p
RALP H. AS
0
0
CA,RLENZOLI
q ENGINEERSt SURVEYORS I PLANNERS
Exp. 09/30/11
No. 4760/
S52'48'41 "E
33595m
S50'08'06 "E
27.854m
,�--4'51'05 "
R =_ 307.000m
L =25.995m
6= 3'00'58" —\
R =882.901 rri
L= 46.478m
T
O
T
Q
c �5
H
Subject 1.524m UTILITY EASEMENT
325 TESCQNI CIRCLE OVER THE LANDS OF REGENCY PETALUMA, LLC
SANTA ROSA, CA 95401 20099084
PH: 707 - 542 - 6465 , � b JAK Dote Jul 2010 Chkd.
FAX: 707- 542, -1645 By 1 OF
SHEET
A=65'23'45" `
R =89:800rii
L =102.495m
b- 13
R= 50.000m
L= 1 2.134m
2V