HomeMy WebLinkAboutResolution 99-043 N.C.S. 02/16/1999 Resolution 1~To. 99-43 1~t.C.~.
2 of the City of Petaluma, California
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4
5
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7 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY'
8 REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS AND
9 DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
10
11 Payran Reach Flood Control Project
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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 ]240.410 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. 99-43 x.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 :2/8/99 (fmk)
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) (~C~bbi#~~C~($+al) meeting _ form
on the .....~.~tZl.---....... day of ............F~bx:liary 19..9., by the %!~i
following vote:
Ci Attorney
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: None n L , ~
ATTEST: .............LX.tt.,l~.~-~~X-~_
city Clerk ~~p~ ~ ~A,~ ~ Councilmemb
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H'~~~~~~ 6699
Exh'bi A
Grant (~f Fasemcut I~or Petaluma Creek blood a`'hannel lmnrovemcnts
and "femporary Construction Easement
Deing a portion. of the .lands of Madison Village Homeowners Association as rccoriled in
Doc. No. 84-030786, being Rarcel 32 of the Madison Village Tov~mhouses, as shown on
that map.Gled in Book 338 of Maps at Pages 27 and 28, Sonoma,County Records, more
particularly described as follows: .
Grant Of Casement
Being an easement for Flood Channel Improvements, more particularly described as
follows:
I3eginnirtg at the southwest comer of said Parcel 32; thence along the southerly line of
said Parcel S 54°00'E 76.98 feet; thence leaving said line N 13°53'20"E'299.96 feet to a
point on.the northerly line of said parcel; thence along said line N 54°00'W 139.26 feet to
the northwest corner of said lands; thence S 3°46'20"W 328.51 feet to the point of
beginning.
Containing 30,046.1 s.f., more or less
Grant Of'6'cm~orary Construction 3ascment
Together with a temporary construction easement with the ribht of immediate entry for
all purposes necessary taconform grades-and drainage between adjacent propr.rty and the
projectconstruction. Such purposes, as necessary., including the right to, but not limited
to, grading, borrowing and/ordepositing fill, spoil and waste material thereon, to move,
store and remove equipment and supplies, toe-reel and,remove temporary struc.lures on
the land, removal of existinb miscellaricous improvements,.reconstruction of existing
improvements, which may be conformed, as maybe needed, beyond the temporary
construction easement, and to perform any other work necessary and incident to the
.construction of the Flood Wall Project. Reserving, however to the landowners, their heirs ,
and assigns, all such rights and privileges as may be used without interfering with or
abridging the rights and easement hereby acquired; subject however to any existinb
easements. Said temporary easement is described as follows:
Commencing. at the southeast corner of said. Parcel 32 thence along the southerly line :of said
parcel N 54 ° W 32.23 feet to the true porif of beginning;. thence continuing on said. line N 54 ° W
10..79 feet, thence leaving said line T7 13 °53'20"E 299.96 feet to a point on the northerly line of
said parcel;. thence along said line S 54 °E 10.79 feet; thence leaving said line S 13 °`53'20"VJ
299.96 feet to the pontofbeginning. -Said easement being a strip of land 10 feet in width lying
adjacent to and easterly of the above Grant of easement.
Said temporary construction easement shall terminate upon. the filing of the Notice of
Completion for the City of Petaluma Project No. 9724.
Containing 2999.6 s.f., more or less.
Basis of Bearings of this description 338 Maps 27.
The intent of this description is to affect that portion of the lands above described for the orderly
development of the City of Petaluma Flood Project No. 972~~'. The description was compiled in
the offices of Fi zGerald and Associates from .record deeds and mapping and the U.S. Army
Corps of Engineers Petaluma River 40 Year Plan Detailed Project drawings received from the
City of Petaluma dated March 13, `T995. No gaps nor gores are intended to be created where
record information maybe in conflict..
A portion of A.P. No. 007-660'-32
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,owner and 1Viaili"n Address }'ro Areas C ®f ~'ct,?1u®a
Madison i/Flage.Homeowners Assam. ~ .
800 Baywood Drive Grant 30, 046 s.~F. * Scale: 8"~60'
Petaluma, 94932 ~ IDate: y-~' 99
7'cmporary
A,P.No.~7~60-32 1F~sement 2,S199.~ s{t Parcel Alo. 37
O'R. I)oc. A1o. 84-030786 hcp~,ce by me a~oa ofFitzCerald ~ ~ssociptes -
OVV~l\TER~~: DAVID G. & I)II~A J. BECK.
PI~OPEIZTY 1~0. 17
EX~IIBIT "A"
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,Great .Oi ~asemen4 sud Tem ra . Com ructi n Ease ent .
' or petal ' ma River titian rovemeats l!'r 'ect ~ "
_
Being a portion of the lands of Beck'(Being Lot 6 as,shavYn.on~ttie Linda Del Mar
Subdxision:Idoa, filed.in Book 82~.of
IVSaps acPages 18-21, Sonoma~Cotutty Records),.as
taco"rdcd in that DQCUment.No.93-00i2~1'8l , S.C:R,mvre:pacticularly:describcd as
follows: -
ant°O'6~l~s~eteat
Being a;grant,ofeasement for Flood''Chatrtrtcl mprovetnents Installation, Cortstructioq
Re-constructio p
~etation, Repauand A!gaittttnance. Said easenieat is described as
follows: -
Begtiutitig at the~~most southeasterlycomtr of said ands; thence=along~ahe easterly line of
smd lams North 21>>°15' West• 4$.16 feet; thcttce continuing al'otigs~id line ~ '
Nonh 3°S8'2t)"'East, 24.59 feet to the northeast corner ofs~tdaands;;thencc along Iine
common with Lot 5; South i;7°30'- Wei', 2:00 gear; thence leaving said line;South
' 4°44'0?" West, ?3.65 feet to a poinf :on the South line of said' f ands; thence along Taid
- south_ line„tieing the common line with.I,,ot ti, North 8?°30'44"'East, 24.t)t) `feet to the
point Of be~iQning, - - .
Containing 67l square feet,.more oi•'less: ~ ~ -
. .
~Reltnq_uishing also:any rights or inteest;in any°part of the Petaluma Rivernof covered by
- This instrument. '
T'eta ra : "Conslrucition )Easent
Together-'wit] a temporary construction easement .with the.right of itntriedate entry Por
elf 'purposes necessary to con!'otm grades and;draie>age between ~diijacent ro - ~ - ' ,
project,constructlon. Such. u ~ ~ P Perry and.ilie
' ~ p tposes; as;nece"ssary, trtcludingthe tight~to, but not limited
to; grading, 3orrowing,andJor, depositing fill; spoil~ated waste material thereon, "to move.
. - store and,cem.ove equipmentand supplies, to-et~ectand=remove tam"porary structures on
the land, removal of existing miscellaneous,improvements„ tcconstructon,of~xisting
- ~ improvements, which may be;confot7rted, ~ taay he needed, beyond°the temporary
construction,-casemerrt;:and`to perfont, any other work nccessary`atti9 incident to'the
construction of the 1+Iood Walt: Projccf: Reserving,howevet to the landowrsers, their heirs
- and assigns, till Such tights and p~ivileges.as.riimy be used without nterfc~ing with or
~EB.-.1-~a9 r~o~ 1.00 P~ p. 4
abridging the rights and easemenk hereby acquired; subject however to any existing
easements. Said temporary easement is:described as follows:
Commencing-at the most southeasterly corner of said. lands,.th'ence:along the easterly line
of said lands North 21°15'V1!est, 48.1'6 feet thence continuing;alongwid line
North 3°58'.20".East,=29.39 feet to the northeast comer of~said lands; thence along the
line common with,Lot 5; South 87°30'00"West, 2.00 feet"to the true point of beginning;
thence continuing along said common line South 87°30'00" West, 20.00 feet; thence
leaving said line South 4°08''17" East, 75..04 feet to a point on the'south boundary of said.
• lands; thence along~the~common line with Lot 6 North 87°30'00" East, 8.00 feet; thence .
leaving said line and along the westerly ]ine of the Grant of,Easement described above,
North 4°59'07"East; 75.65 feet io`the point of beginning: ~xciuding the ex istirtg
deck which may protrude ''into the above described easement.
Said temporary construction easement shall terminate upon he filing of the Notice of
Completion for the City of Petaluma:Project No.9724.
Containing 1;05.0 square feet, more or less.
The intent.of this description,isio affect.that portion,of the lands above described for the
orderly development of the City of Petaluma Flood Project No. 9724. The description .
was compiled.n the oPices of FitzGerald and Associates fiom record deeds and mapping
and the LJS, Arrny~Corps of Engineers.Petaluma River40 Year Plan Detailed Project
drawingsrecewed from the City ofPetaluma dated March 13',1995 and as per revisions
received IV1ay 2U; 1998. No gaps nor gores are intended to be created where record
information may be inconflict:
A portion of A.P. No_ 006-423-34
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Oy?mer and'R9a"ilin~Address ProoertyAreas Cit`' ®f P~faluma ,
David Dina Beck-
' ~19 Rocca Drive Grant of r ~ Scale:l "=60'
Petaluma, CA 94952 Easement ~7~ r' '
Date:. 6
f16~98
' Temporary
A.P.No: 006-423-34 Easement Q,J~Q ,~.~t :Parcel No. 17
O R_ D;N 93-0012 D S 1 _ Rrepa~td by the of5ccs ofFitzGerald ~,~4ssocates
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OVVllTERS: C~IARLES A. JU1~T®~AC
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PI~OPEI~TY I~10.33
EX~II~IT "A"
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Exhibit (S/2?J98) '
Cran Of Easemcnt and Tcm ora Construction Easemcnt
For ~'etaluma R'rve~ Channel lm ro~~emcnts Pro`ect
Bein a
g portion of the lands of Juratovac(Being Lot 1;03+as shown on the Linda Del Mar
. Subdivision No. 1, filed in Book 82 of Maps at Pages 18-21, Sonoma.CountyRecords), as
recorded in that Document No. 92=0138524, Sonoma County Records, more particularly
described -as follows:
. Grant Of Easemcnt
Being a grant of easement forFlood Channel Improvements lnstallaiion, Construcl'ion,
Re-construction, Operation, Repair`and Maintenance. Said easement is described as
follows:
:Beginning at the most;southeasterly comer of said lands, thence along the easterly ne of
said lands N 9°'03' SO" W, 6"1;68 feet to the northeast comer of said lands; thence leaving
said line S 6° 5,0'' S2" W, 61.0'ti feeLto a point on the southerly boundary of said lands;
thence along the common pine wifh~dot 102, S 89° 03' 10" E, 17:00 feet to the point of
beginning.
Containing 5l6-square feet,,.more oi• less
Relinquishng:also any right_S Qr interest in any part of the Petaluma fZiyer not covered, b,.
this instrument, y
Temporary Construction Easement
Together with a `temporary construction easement. with.the right of immediate entry for
alf purposes necessary to conform grades and drainage between ad~acent ro
.project construction. Such u ~ ~ P petty and the
to, grading,'borrowing and/or deposit ng.fill
Sspoil and was eima enatl ~ but not limited
store and remove;equipmentend supphes,;to~erect and remove temporary structures on
the land, removal of existing miscellaneous improvements; reconstruction ofexistin
improvements, which may be conformed,,as may be needed, beyond the temporary S
construction easement, and to perform_ any other work necessary and incident. to the
construction of the Flood Wa1! Project:, Reserving, however io the `landoHmers, their heirs
and assigns, all such rights and privileges as may be, used: v?~thout interfering with or
e~emgentst Sa d tempora ~easem hereby acquired;; subject however to~any existing
ry ent ~s descn_bed as follows.:
99 ; ~ ~e.s
. ~ 'B.-. "1-99 IvION 1' ~ 17 P:M P. 16
g-
Commencin al. the.most southeasterly corner of said lands; thence along, the easterly line
of said lands N 9° 03' SO" W, 67:68 feetao the northeast,cocner of said hands and'the`
point of`beginriing; thence leaving said point of beginning and along the common line
with Lo.t l04 N 85° 46' SO" W, 7a)Q feet; thence leaving said line S 4° l3' 1'0" W, 7.00
feet; thence S T1° 4l' S2" W, 12.59 feet; thence S 00° 56' SO" W; 50.00 feet to a point on
the southerly boundary of said lands; thence along the common line-with Lot l02
o „
S 89 03 10 E' 13:00 feet• thence
leaving said;line and: along the westerly line of the
Grant of Easement described~above, N 6° SO' S2" 61,06 feet to the point of beginning.
Containing 877 s:f., more or less.
Exceptng.therefrom any existing,residentialbuitding.
Said temporary°construction easement shall terminate upon the filing ofihe Notice of
Completion. for the City of Petaluma Project No. 9724.
The intent ofths description is to a(T'ect,that
portion of the lands above described far the
orderly development o1'the City of Retaluma-::Flood Project No. 9724. The description
was.compiled in the offices of FitzGerald and Associates.,from record deeds, and mapping
and'the U.S. Army Corps of Engineers:Petaluma'River 40 Year Plan Detailed Project.
Report drawings received from the City ofPetaluma dated lylarch 1,3, I~9Q5 and as per
Revisions received April 3, 1998. No gaps nor gores aze intended to be created where
record information may be in conflict.
A portion of A.P. No. 006-432=1'6
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34.61. Bryant Street Grant of
Palo Alto, CA 943.06 Scale: I" ~ 60'
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AP.No. 006•-032-16 ~ Easement 877 s.ff
O.R..1Joc. No. 92-0138524 Parcel No. 33
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