HomeMy WebLinkAboutResolution 2001-041 N.C.S. 02/20/2001'ri •-
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Resolution No. 2001-041 N.C.S.
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of the City of Petaluma, California
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF FEE SIMPLE AND/OR
TEMPORARY CONSTRUCTION EASEMENTS AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR
THE McDOWELL BOULEVARD/E. WASHINGTON STREET
TRANSPORTATION IMPROVEMENT PROJECT 9863
WHEREAS, it is desirable and necessary for the City of Petaluma to acquire the fee
simple and/or temporary construction.. easements, particularly described in Exhibit "A" attached
hereto and made a part hereof by reference, in order to implement the objectives of the project;
and
WHEREAS, the City Council of the City of Petaluma is vested with the power of
eminent domain to acquire real property by virtue of Article 1, Section 19, of the Constitution of
the State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and
1240.410 of the Code of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of-the State of California, notice has been duly 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 a reasonable opportunity to
appear and be heard before the city of the City of Petaluma on the following matters:
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; and
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(s) of record.
Reso. 2001-041 NCS Page 1
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma does
hereby resolve as follows:
1. The public interest and necessity require the Project to construct the McDowell
Boulevard/E. Washington Street Transportation Improvement Project;
2. The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury;
3. The taking of permanent fee simple and/or temporary construction easements, more
particularly described in said Exhibit "A" is necessary for the Project;
4. The offer required by Section 7267.2 of the Government Code of the State of California
has been made to the owner or owners of record of the real property;
5. The City Attorney of the City of Petaluma, or his duly authorized designee, is hereby
authorized and directed to institute and conduct to conclusion an action in eminent
domain for the acquisition of the estates and interests aforesaid and to take such action as
he may deem advisable or necessary in connection therewith;
6. An order for prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Fund, in the amount determined by the Court to be
so deposited., as a condition to the right of immediate possession.
Under the power and authority confen-ed upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on February 20, 2001 Approved as to
by the following vote: form:
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City Attorney
AYES: O'Brien, Healy, Torliatt, Maguire, Vice Mayor Cader-Thompson, Mayor Thompson
NOES: None
ABSENT: None
ATTEST: `~..~~..
City Cl ' c ~ Mayor
Reso. 2001-041 NCS Page 2
Property 1No. 8 (Rlw~
LPN 0 7-510-006
Date: May 1 ~, 2000
E~IBIT'"~''
All that certain real property situate in the Giry of Petaluma, County of Sonoma, State of California,
described as follows:
A portion of Parcel 3, as shown upon that certain map entitled, "Parcel 1~Iap ~To. 6," recorded in Book
109 of flaps at Page 16, Sonoma County Records, more particularly described as follows:
BEGINNING at the most Easterly comer of said Parcel ~, being a point on the Southwesterly Line of
McDowell Boulevard as shown on said map;
thence lesvinQ said McDowell Boulevard along the Southeasterly line of said Parcel 5, South; 6°06'5 0"
West, 16.00 feet;
thence leaving said Southeasterly Iine, North 6~°~ 1'30" West, 162.83 feet;
thence North ~?°.09'36" West, 7.17 feet to a point on the Northwesterly Iine of said Parcel 3;
thence alongsaid Northwesterly line. North 36°06'30"East;14.70 feet to the most northerly corner of said
Parcel 5; being a point on said Southwesterly line of 1~IcDowell Boulevard;
thence along said Southwesterly line of vlcDowell Boulevard: South ~a°31'30"East,160.OD feet to the
PONT OF' BEGINNNG.
Containing 2,398,6 feet, more or`less.
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Page 2
Reso. No. 2001-041 N.C.S.
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E~GilylN~ GPOUP, lNC.
CON SU:LTi'N_G-EN G~ N EARS
790 DeLong Ave., Noy
(41 ~) 892--4763
SCALD: i = ~-=0'
01/22/01 10:?0 ( JOB--;~4.°0002
McD01AILL~. BLVDJE WASHING i ON
INTE~SF~:1'1ON 11v1PROV~,~1~N i S _
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Reso. No. 2001-04.1 N.C.S. )b1A COUNT Y CA.LI~ ORIPage 3
Prope: tv ~i o. 3 ~~CE)
_ AP?~I Oi-~~?0-0.0.6
Date: ylav I ~, `.000
E`~BIT "A"
All that certanreal property situate inthe City ofPeT:aluma, County of Sonoma, State of California,
described. as follows:
Portions ofParcel3 as shown upon that certain map entitled, "Parcel Map No. 6," recorded in Book 109
of Maps at Page 15, Sonoma County Records; more particularly described as follows:
PARCEL 1:
A Temporary ConstructionEase~eat 3.00 feet in ~vidth,measured at risht antes, Iying adiacent to and
Northwesterly ofthe Southeaste~y Iine of the said Parcel 3, e:ccepting thereaom the Northessteriv 1 f.00
feet thereof. "
Containing 2.70 square fee:, more or less.
PARCEL- 2:
A Temporary Consvuction Easement x.00 feet in width, measured at right angles, l_vinQ adj acent to and
Southwesterly of the tollowin~ descibed lines:
BEGhNNGatapointwhichbearsNorih~4°3.1'30" East, 25.00 feetandSouth36°Of'00"'vties'~. 1f.00
feet from he most Easterly comer ofParce? ~. as shown upon-that certain map entitled, "Parcel flan ~i o.
6," recorded in Book 109 of l~laDS at Page l~, Sonoma County Records;
thence North 6~!°31'30" tiUest 127.S~ feet.
thence Nor~h.~2°09'6" ~Uest, 7.17 fee: to a point on the Northwesterly Iine of said Parcel 3 and the
terminus of the herein described Easement.
Containing. 6i5 square feet, more orless.
SaidTernporan~ Cors-suction Easement shall teirun~~.ie upon the filing of a Ce: ~incate of Com.Dletion ~zztn
the Sonorna County R;.cord'erforthel~IcDowell Blvd./E. ~Vashin~ton St. Intersection Transooration
Improvernents Project, Project Rio. 9S6~, Prase III.
Fi'Ad='cn\b;PSC" GC0~4~DacC• 1 S
Reso. No. 2001-041 N.C.S. Page 4
S 52'09'36" E --i
McDOWELL BLVD.
• EXISTING R/W
PROPOSED R/W
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7.12' o
0
- PARCEL 2A
TEMP. CONST. EAS
AREA=3; 522 S. F.
ini~ 25'
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A.P. No. 07-3d0-006
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CSW/STUBER`-SiROEH
~° 2 ENGINEEr~ING GROUP, INC.
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790 DeLong .Ave., No
SCALE: 1" =40'
12/29/00 15:50 JOB ~4.9600~
cDOWELI BLVDJE WASHINGTON
~~R4~r' ~-~n.N IMPROVEMENTS
INST. EASEMENT
(41 ~) $92-4763 Reso. No. 2001-041 N.C.S.
Page 5
_ _ :QMA COUNTY CAL1FUr;N,ir;~
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McD01N'ELL BLVD.
EXISTING RIGHT OF WAY
®- ~ N54'31'30°W AREA=2,398.46 S.F.
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i 4.70 N5¢ 31'30°W 127.83' 1 ` ~ 25
PROPOSED. RIGHT OF WAY POB~~•~~~''•'•.~~ ~~''~~ L,.1
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PARCEL 2 ... " I
o TEMP. CONST. EASEMENT .~:~~~ W
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AREA=2.750 S.F. '......'::.} '~'
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N 54'31 '30" W - ~ ~ ~ ~
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7~0 DeLeng Ave..,- N~
(~1 S) 8'9'2 a~
SCALD: 1" _-. 0'
01 /22/0 i 11:18
~ 6J Reso. No. 2001-041 N.C.S.
Propery No. 8
A.P. No. 07-3"0-OOfi
JOB 74.96002.
1 B~VDJ~, b~/ASHINGTON
:C.?I_QN 11ti1P;?OVF.~iEN?S
~~5~. C!'15~~~~ I Page
IOMA COUNTY CAL~FORNia ~
-41' ,.
1,
Date: .January ~, 2001
File: 4.960.02
PropertyNo. 8 (TCE)
APN 07-340-006
E~BIT ccAn
PARCEL 2A:
A.temporary construction easement,;being aportion ofParcel No. 3, as shown upon that certain map
entitled "Parcel'Map No. 6", recorded in Book 109 of Maps at Page 15, Sonoma County Records,
more particulazly described as follows:
COIvIi~NCING at the most easterly corner of Parcel No. 3, as shown on said map;
thence along the most northeasterly line North 54°31'30" East 25.00 feet;
thence South 36°05'30" West-20.00 feet to the True Point of Beginning;
thence South 36°05'30" West 26.00 feet;
thence North 54°31'30" West 135.43 feet to the most westerly line of Parcel No. 3;
thence along said westerly neNorth 36°05'30" East 26.06 feet;
thence South 52°09'3'6" East 7.12 feet;
thence. South 54°31'30" East T28.31 feet to the Point of Be~~i.nning.
Containing 3;522. square-.feet more or less.
>::~aa-Pn~wPeo~qux:~~ot-os.ots5o Reso. No. 2001-041 N.C.S.
Page 7