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HomeMy WebLinkAboutResolution 99-031 N.C.S. 02/01/1999 a ~ ~E'SO~Lltl®11 99-31 ~.C.S. 1 of the City of Petaluma, California 2 3 4 5 6 7 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY 8 REQUIRE THE ACQUISITI®N ®F CERTAIN EASEMENTS AND 9 DIRECTING THE FILING OF EMINENT DOMAIN PR®CEEDINGS 10 11 12 13 14 15 16 WHEREAS, it is desirable and necessary for the City of Petaluma to acquire certain permanent 17 easements, particularly described in Exhibit "A" attached hereto and made a part hereof by reference, 18 in order to implement the objectives of the project; and 19 20 WHEREAS, the City Council of the City of Petaluma is vested with the power of eminent 21 domain to acquire real property by virtue of Article 1, Section 19, of the Constitution of the State of 22 California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 of the 23 Code of Civil Procedure of the State of California; and 24 25 WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of 26 the State of California, notice has been duly given to all persons whose property is to be acquired by 27 eminent domain and whose names and addressed appear on the last Sonoma County equalized 28 assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before 29 the City of the City of Petaluma on the following matters: 30 31 (a) Whether the public interest and necessity require the Project; 32 (b) Whether the Project is planned or located in the manner that will be most compatible 33 with the greatest public good and the least private injury; and 34 (c) Whether the property sought to be acquired is necessary for the Project; 35 (d) Whether the offer required by Government Code Section 7267.2 has been made to the 36 owner(s) of record. Resolution No. 99-31 N.c.s. Page 1 of 2 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma 2 does hereby resolve as follows: 3 1. The public interest and necessity require the Project to construct flood control 4 improvements on Petaluma Creek; 5 2. The Project is planned and located in the manner which will be most compatible with 6 the greatest public good and. the least private injury; 7 3. The taking of permanent easements and temporary construction easements, more 8 particularly described in said Exhibit "A" is necessary for the Project; 9 4. The offer required by Section 7267.2 of the Government Code of the State of California 10 has been made to the owner or owners of record of the real property; 11 5. The City Attorney of the City of Petaluma or his duly authorized designee be, and he is 12 hereby, authorized and directed to institute and conduct to conclusion an action in 13 eminent domain for the acquisition of the estates and interests aforesaid and to take such 14 action as he may deem advisable or necessary in connection therewith; 15 6. An order for prejudgment possession may be obtained in said action and a warrant 16 issued to the State Treasury Condemnation Fund, in the amount determined by the 17 Court to be so deposited, as a condition to the right of immediate possession. 18 19 20 21 22 23 reso 24 1/22/99 (fink) Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~d~iilF~f~Xt~ddi~) meeting form on the ..-...1St day of F.~~)I:.L4aX:~l..-......................., 19...x.9, by the following vote: City Attorney AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson NOES: None ABSENT: None ATTEST: City Clerk ®~PV~ ~L , , Mayor cil File......_ cn iu.KS ~:~s. N~,.......9.9-.3.1.......... rv.cs. Page 2 of 2 ~jt~g~rl~'59~99 t~ i i h2eso °I G - 3l ~1 cS _ ~OVVI~ER:~ ~.~®Hl~ C. S~CALIVIAI~1Il~I AND ~EUGEl~It~ C. S~PRO~UL PROPERTY #52: . - .A. NOTICE` OF I~NTENTION'TO ADOPT RE'SOLUTIO`N O_F IV.ECESSITY CITY OF' PETA.IUIVIA Payran Reach Flood Control Project. NOTICE IS HEREBY GIV€N pursuant to California Code Civil Procedure Section 1.245.23;5 that it, is the intent of the City Council of the City of Petaluma. t'o adopt a Resolution of Necessity under Article 2 (commencing with Section 1245:210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State,of California and directing:the filing of eminent domain`proceedings for tfie°~aequisition of certain real- property, hereinafter described, in connection with the above- captioned project. NOTICE IS FURTHER GIVEN that on the l st .day c.` February, 199;9, at the . hour of 7:00 P.M., .in the regular meeting place of they City Council of the City of Petaluma, 11 English Street,.Petaluma, California, at the time and place appointed - - and fixed by said City Council when and where it, will hear all protests iii relation to the adoption' of said Resolution of Necessity and authorizing the .filing of e-mi_nent. domain proceedings for. the acquisition of permanent easements more particularly described in E,~hibit "A" attached hereto and by this reference incorporated herein, The easements are to be acquired in order to construct flood control improvements on-Petaluma Creek. NOTICE 1S FURTHER GIVEN that :any person interested may file a written request to appear and be heard with the Clerk of the City of Petaluiila wi hin fifteen (15) days after the mailing of thi's notice (Mailing address:' Clerk of the City of . Petaluma, l'l English Street, Petaluma, California 94`,953.). Any interested person who files such:a timely request has th.e right, to appear and be heard at the time and place stated herein on the matters referred to in Section 1240.030 of said Code of . Civil Procedure, to wi ; , (a) Whether the public interest andnecessity require the project; (b). Whether .said project is planned or ocated in thc~ manner- that will be most coinpat'ble with the -greatest public good and the least private injury; 4 ct - ~ ( N.C,.S ' (c) Whether the property;sought~to~ be acquired is necessary for said project; and {'d) Whether the offer required by Government Code Section 7,267.2 has been made to the owner(s) of record. NOTICE, IS FURTHER GIVEN that the fai ure to file such a written. request to appear and'be heard. within .fifteen. (`15) days after the mailing of this Noticewill result i~n,waver of the; right to appear and be heard. Dated: January 1999 CITY O~F PETALUMA. B ~ ~ y Michael R. Nave - ~ ~ Special Counsel ~J:\WPD\NNRSW\'452\07\PETALUMA.NOT 2 } + Y ~ Petcorps-#52 G:cant Of Easement and'1<'em ora Construction Easement For Petaluma River C6annel~Improvemenfs Proiect Being a portion of they]ands of Scalamini/Sproul.(B~ing Lot 15,as shown on the shown upon Madison Square Subdivision'B',filcd in Book 63' ofMaps at-Pages 31, Sonoma County Records), as recorded in that Document No.89-04724' , S.C:R.,more particularly described as follows: Grant ®6 Easement Beinga grant ofeasement for Flood,Channel Improvements Installation, Construction,. Re-construction, Operation; Repair and Maintainance Said easement is described as follows: Beginning at the.,rnost Westerly comer of said lands thence along the southerly line of said lot, S 83°33"30"E,]3.51 feeYto an angle. pomtin said•line;,thence leavingsaid line N9°4T25"W l¢.26 feet`to a poinron the westerly iine.of'said Lot; thence along said'line S 3:6°19"'W 18.'00` feet to the point. of beginning. „ Containing 105:4s.£, more or less Relinquishing also ariy rights or interest in any part of the Petaluma-River not covered by , this. instrument. Teinporary Construction.Easeenent Together with a temporary construction easement with the°right of immediate entry for all purposes necessary to conform grades and drainage'between adjacent. property. and the pro}ect construction. Such purposes, as necessary, incl~ding.the right to; but not limited to, grading; borrowing and/or depositing fill,. spoil.. and waste. material thereon, to move,, : . store and'remov..e.equipment and supplies, to er"ect;andremove temporary structures on the land, removal of existing miscellaneous irnprovemerts,:reconstruction of existing improvements, which may: be. conformed, as may 6e needed; beyond:the temporary ¢onstruction easement„ and io perform any otherwork necessary and incident to'the construction of-the Flood V1Cal1 Project.. Reserving, however to the landowners, their heirs and:assign"s, all such:rights and priviteges.as maybe used without interfering with or abridging the rights and:easement hereby acquired; subject however to any existing casements. Said temporary easement is described as follows: qq-3J nic.S _ . Legal Descri~tioa GraplD~c ®g~ a® ~ 0 ~ ~ ~ ~ ® e. SOOT ~a!/~®~Jd®" ~ S:E,T~~O ~_RL L / NE'. . . a9~ I, A ~ ~ I. ~ ~ o' -r>~ Pd Rn -y ~ ~ _ ~ CUNSTQUG oi~ ~ N ~~~frOF' ~ EnsCt~c 17 i 9 ~ ~ Es, SEMENT . I . ~ ~ ~ ~ ~ I _ Owner and Mailing Address Property Areas Ci$Y Of'Pet~lurna Scalmanin~SprouL ~ . l4Ro Vista Way Grant of Scale: l'=40' 'Petaluma, Ca. 94952 Easement 105.4 s.f.t _ Temporary A.P.No.7-01'9=26 Easement 296.7 s.f.f Parcel No.52 O.R. No. 89-Q45724. 'Prepared by the offices ofFitzGerald & Associates 9~t-~ (N w ~I~tER: I-~ELEI01 P'RYO1Z P®PETY #34: } 1 NOTICE OF. INTENTION 'TO ADOPT RESOLUTION OF 1vECESSITY CITY OF PETALUMA Payran Reach Flood Control Project NOTICE. IS HEREBY GIVEN pursuant.to California Code Civi[ Procedure Section 1.245..235 that it is 'the intent o'f the City .Council .of the City of Petaluma to adopt a Resolution of Necessity under Article 2 (commencing with Section: 1245.210) of Chapter 4 of Title 7 of Part 3 of'the Code of Civil Procedure of the State of California .and directing' the`fiiing of eminent domain proceedings for the acquisition of certain real property, hereinafter .described, in connection with the above- captioned. project. NOTICE' IS FURTHER GI-VEN that on the 1st day of February, 1999, at the hour of 7:00 P.M.,..n the regular meeting, place' of the City Council cif the City of Petaluma;: 11 English Street,; Petaluma, Cali'forni'a, at the time and place appointed . and fixed by said.City Council when. and where it will hear all protests in relation to the adoption.of said Resolution. of Necessity and authorizing the filing of eminent domain proceedings for the acquisition of permanent easements nl~>re particularly .described in Exhibit '"A"' attached hereto anal by this reference incorpc)ra~ ed herein. The easements are to be acquired. in order to construct flood control im}arovements_ on Petaluma Creek. NOTICE LS FURTHER GIVEN that; any person,:interested may file a: written request to appear and be heard with the Clerk of the City of Petaluma within fifteen (15) days after the mailing 'of this notice (Mailing address: Clerk oC the City of Petaluma, 11 English Street, Petaluma, California 949:53.,) Any intrrested person who files .such a timely request has the right. t'o ;appear and. be heard at the. tinge and - placestated herein on t"he matters referred to'in Section 1240.030 0l said Code of - Civil, Procedure, to wit: (a,) Whether the public interest and necessity require the project; (b~) Whether said project.is planned or located in thr rrianner that will be most compatible with the greatest public good and the least private injury; r ~jd-31 'NCB (c} Whether the property sougYt to be acquired is necessary for. said project;; -arid (d) Whether the offer required by Government Code Section 7267.2 liar been inad'e to. the: owner(s) of record. NOTICE IS FURTHER GIVEN -that. the failure to file- such a written. request to appear, and beheard within fifteen ,(15) days after the mailing of this Notice will result, in waiver of the right to appear and be heard. Dated: January 1999 CITY OF PETALUIVIA _ Y Michael R.' Nave Special Counsel , J:\WPD\MNRSW\452\07\PE.TAL'UMA.NOT' 2 I'ctcorPs-1f34 tsi22ivs> Grant Of'1?cniporary Construction 1'ascnrcnt 1~or Petalutrla K'ivcr Channcl'9mnrovcmcnls l'roicct I3eing a_ poriion,of-(fie lands. of Pryor.t l3ei'ng Lot 104 as~sho"wn on the Linda Dcl Mar SuUdivision No.l, filed in Book 82 of Mtips of pages 18-21, S'oroma County ItecorcJs), as recorded in that Document,No. 89-_118G'3l; .Sonoma County Records, more particularly described. as follows: - Tcnu~or~rv Conshruelion' Fascntcnt Tieing a lcrnporary construction,easeinent wish the right of irnmedi~~le entry for all purposes .necessary to conform grades and di-aina6ebetwecn aljacchl property and the project construction. Stich purposes, as necessary, including flit right to, but not limited tv, grading; borrowing and/or depositing fill; slx~il and waste material thereon, to.movc, - store and remove equipment and supplies, to erect and, remove ten.tporary structures. on the land, rernovat.ofexis[ing miscellaneous improvements, reconstryct'ion of existing improvements; which tray be confbrmcd; as may be needed, beyond the temporary. construction easement, and,lo perforrit any other work necessary and incident to tl?c° ~ _ consl`cuction of the Flood Wal'I Projcct:.Reserving; however to the landowners, their heirs and assigns, ail such rights and privileges as may be used. without interfering with or abridging-the.rights and easement hcreby.acguired; subject however to any existin6 easements. Said temporary casement is described as follows: I3ebinnitig at the most southeasterly corner of said lands; thence along the easterly line N 09° 03" 50" W, 90.04 feet;, to the northeast corner ofsaid -(ands thence Icaving said corner and alongthe common title with'Lot 105, S 65° 02' 20":W, 5.00 feel; thence Icaving.said line S 5° 08' S2"'E, 86.34 'feet to a point qn thesouthcrly lint of said lams; thence: along-the common linewith I:ot 10'3:; S 85° 4G' S0" E, l I.00 feel (o the point o'f" • beglnniilg. Exc 'uding the existing deck which may protrude into the 'above. described easement. Containing 685 square feet, more or less. Itc iriquishing~also;any rights or interest in any part of the Petaluma'River not covered by this instrument.. ry ` Said tem i-a . `construction easementshall terminate upon the:flitis of the Nolicc of Completion for the. City of Petaluma Project `No. 9724. 'I~he intent of this description is to affect that portion of the Iands above descriGcJ for the . order{y development of the City of Petaluma Flood Project No. 9.724.. The description was c~ntpiicd in the offices ofTitzGcrald And Associates front record deeds and in~ppinb - ~ ( ~U'~S ~ _ and the 11.S. Anny Cores of Engincers.Netaluma River'90 Ycar flan Dctailc~ Pr~jcct Report drawings received from. Qie`City of Petaluma dated March;_13,1995 and as her Revisions received April 3; L998. No:gap§ rior;gores ure; intended ta.be created where . recorilinfoRnation may be in conflict.. A portion of. A.P.:No. OOG-032-] 5 ~ry~O LA N O s~q`~ ~ ~Zr18 . ~ 10HN 1: ,[epared by fi zGera d & Associates FITZGERACt) License )expires 9-30-01' ' I.IC: # 4419 1 ~C~ e - L:YIl1V1~ Lcgal U'cscriplion Cranbic - _ • ~ 5 DD - - 1oS - . 40' fl E.. ~ ~oe 9q - q - ~oM~~~~~ ~ o,pZ - 'o°i. P rv ~ ~ O o S 6 So 4r/'LD ?,E' ~ /At.og 103 ' BFl~RI,?~,5 01:10 OI:SiAt~•~C1ES 4'ER REG00.D ~i'1AP I~I,,NE,?J 143._ . CD4JFL CT W IT~1 MA P ~?0.~ P 4~.4 ~:5 ~ ~e ~ J ~ 1oZ Q : ~ . Q • ~ C/T.y ®F ®E'TAL ~JMA . ~ /N TN6 GO!/NTy Of ' ~ QNCMA . STigT,E Of G.ei.L/F'O/PN//~1 . ' I OH~ner and 1Niailin Address ProvertvA.reas Cil~~ ®f TrtaFuma l~elen Pryor SO Jess Avenue. ~ Scale: l" ~ 40' Petal~una, CA 94952° Dale.: S~1z~98 ~'einporary A:P.1Vo. 006-432-15 I~asemeM 6~S s,Lf Parcel No. 34 O.R. Doc. No,, 89-1 1863! 1'rcpnrcd by tfie offices ofFilzGerald;& 1lssocis~es . ~ 4 q ~ ~ cs -J L OVVI~ER: I~ATTIAI~ L. AND SA'I~1I~R~1 LES'TER PROPERTY #13: 9q -3I nJ c~ NOTICE OF ~IIVTENTLON TO ADOPT RESOLUTIO'N` OF NECESSITY CITY OF PETAI:L'JMA Payran Reach Flood Cor?trol Project .NOTICE IS HEREBY GIVEN pursuant to California Code Ci~i't Procedure Section 1245.235 "that it is the. irterit of the City Council of the City of Petaluma to ,adopt a Resolution of Necessi y under Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of .Part 3 of the. Code of Civil Procedure of the State of . California and directing the filing of eminent domain proceedings for the acquisition of certain real property,. hereinafter described, in conreetion with the above- captioned project. NOTICE IS FURTHER.GIVEN that on-the 1st day of February, 1999, at the hour of 7:00 P.M., in the regular meeting place of the City Council c~i~ the City of Petaluma, 1 1 English .Street, Petaluma; California, at the time and lilace appointed and fixed. by said City Council when and where it will hear alI protests i'n relation to the adoption of said Resolution of Necessity and authorizing. the fil rg of eminent. domain proceedings for the, acquisition of permanent ieasements more p~irticularly - described. in Exhibit "A" attached hereto and by this refereclce incorl~urated herein: " IThe easements are-- to be: acq~ired in order to construct" flogd control ii»provemenu ~n Petaluma Creek. NOTICE .IS FURTHER GIVEN that am erson .interested n~a file. a written yP y request to appear and be heard with the Clerk' of the .City of Petalunur within fifteen (!15) days after the mailing of this notice (Mailing address:: Clerk oi~ t,h~ City of Retaluma, 11 English Street; Petaluma, California 94953.) Any intrrt~sted person ' who files such a timely reques has; the right to appear and be heard at the time: and place stated herein on the matters referred to in Section.1240.030 r>f said Code of . Civil Procedure, to ~x~it: (a) Whether the public interest and necessity require the project; j (b) Whether said project is planned orlocated in tl~~~ manner that will be most compatible.with.the ~ greafest public good and.the least private injun~: " hI (°c) ~ Whether the property sought to be acquired is ~ necessary for said project;, and . ('d') Whether the offer required: by G`overnmerit Code Section 7267.2 has been made, to the owner(s) of record. , NOTICE .I'S FURTHER GIVEN' that the failure to File such a written .request to appear and~be; heard. within Fifteen (1;5) days after the mailing of this Notice will result inn waiver of the right to appear and be heard.: Dated: January , 1999 CITY OF PETALUMA i Y - ~ Ivlichael R. Nave 'I Special Counsel ^,5'... I J:\UPD\MNRS41\452\07\PETALUMA.NOT I i i i 4 i I 2 i ;I .~i-3 ( NHS i j. _ Petcvips-Il 13 _Grant Of_E~asement.aagd'Tem~ae~ry Constnsctian Ease®ent for Petaluma Rldec G7iannel Im~nvemdnts Pcoleci Being a portion of the lands of `Easier (Being~Lot 1'0 as shown on the Linda Del Mar Subdivision No. I, filed in Book 82 of Ivfaps at Pages 18-23, .Sonoma' County Roootds), as recorded in that~deed filed, in Book 3668 of Othcial Records at page 216, S.C:R., more °particularly described se foUowe; Gra~eet~Of Easemerrt~ Being a grant of easement for FloodChannel Impmvemenis i'nstalla'tion, Construction, Re- oanstruclioq Operation, Repair and`Niztintainance. Said easement is described as follows: Beginning;etrthe most aoutheasterty Darner of°said lands, thencealong~the easterly line of ! . said' lands:N 15°i09'~E; :$3.92' Beet; thence leaving. said line and along the: common lime with Lot 9, S 89°36'45" W,10.~ feet; thence leaving said line S •1'0°28'50" W 81.52 feet to:a .point on the southerly lines of said Iands; thence along the line'in common with Lot i 1, S 75°00' E, 3.00'feet to the point ofbeginning. Containing 526,2 s.f., more or less Relinquishing also any, rights or interest in any part of the Petaluma River not covered by . this instrument. ~ " ~'cmt,orsrv Construction Easement Together with a tem~rary~:cvnstritcton easement with tLe ~rigbt of immediate entry for:all . . . purposes neoessary~lo~conform grades and drainage between adjacent property-and,the protect cbnstruction.~ Such prrpflses, as necessary. incl • udiag.the-right to, bzrt;not limited to, grading, borrowing arad%rdepoeiting fill, spoil and waste miaterial thereon, to move;: at~x~ and remove. equipmen_ t -and; supplies, to erect and iemove temporaiy e~truct~res on the 1s . remove! of existing miscellaneous; iimprovaments, teoq~nsh~uctiion of eaastin~ improve~.vts, which maybe conformed, as niay:be;naeded, beyond the tiemporary~congtructian easemcat, and: to perform any other work necessary and' incident to the oonstniction of the `Flood VNall Proleci'. Reserving; however~to the landowner9, their heirs and asaigi~s, all such riglrta r~~~d pnv~ es as maybe used,without.anterf t~~ nd~ ~ae rights and. easement here acquu~ed• ®ub'ect however to an exi iemparary easenoen4 is described as, follows: Commencing`at the;most southeasterly comer of said land's; thence~along the easterly fine of said lands'N.~15°09' E,; 83:92 feet; thence leaving said Iine and along the corimmori line with Lot 9,. S 89°-36'45" W, 10.00 feet to the true point of beginning;. Thence continuing on said line S 89°36.'45" V11, 10.00 feet; thenceleaving said lineS'13°29'47" W, 78.64 feet to a point on the southerly line of said lands; thence alongtheaine in common with Lot J I, S ?5°00' E; 14.00' feet to the point of beginning. Said temporary construction easement shall terminate upon; the: filing of the Notice of Completiorr•forthe City ofPetal'uina Rrojeet~No.9724~ or '24 months following the c~rr]mencement of construction of the trapezoidal channel. section of said .project, w ichever _'occurs sooner. ' Containing 950:5 s. f., more or"less The intent of this~description is to affect that portion ofthe°lands above described -for the .orderly development of the City of Petaluma Flood Project No> 9724. The description was compiled in the off ces of FtzGerald and,Associates from .record deeds and mapping and. the U:S. Army Corps~ofEngineers Petaluma River 40 Year Plan Detailed Project Reportdrawings received: from fhe Cty'of Petaluma dated' March 13;1995. No gaps, nor ~ ` gores are intended to be created where record information may be in conflict. A portion of A.P._ No: 00623-2'S • ~y~~.v1ND S~4 . JOHN 1: ~ ° repared by FitzGeraFd:& Associates • FITtGERgI.D Ea, FxP, ~I-3o:-.97 . uc. # as i9 s r. ~~TF OF C p``fOQ~ J.` _ 1.eQal Description _G'raphic A~" s Q• o° _ , r ~ d~ . ~ ~ a x A o. ~ 6 d ~ P~ ' ~ s.'x 4 80 ° % ' oo '.V s ~ ~ ~ z r 1p~ p . ® og z _ .,~^a. o~ 3,00 : ~ i° ~ ~ 91 ° pp l~~`~ ~~~r• ~ tj Ciry of ~~r~~~n~~ i L/~, ~~/®.~®O . I' sw r,~c/6 cove ry o~ s ~®a9.~~ s o~ Wit. i~o~~~~ l~ ' ' Owner and'Mailin Address Pro ~ Areas ~ Ci Of IDc4a6utn~ Nathan & Sandra Lest_e_ r 3S 1Zocca Drive Grant of ~ Scale; . ~ 6 0 ~ .Petaluma, CA 9495,2 Easement Sz6,Z s.f. + Date: g -,lZ _ 9s . Temporary A.P.No 006-423-23 Easement9.5bss.f. ± Parcel No. 13 O.R. No.3668/2`16 Prepared by the offices ofFitzGerald & Associates °l. ~-~I NHS