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
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~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
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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 _
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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
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~I~tER: I-~ELEI01 P'RYO1Z
P®PETY #34:
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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 ,
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I'ctcorPs-1f34
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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..
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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
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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
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_ 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 •
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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
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