HomeMy WebLinkAboutResolution 99-050 N.C.S. 03/08/1999
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Resolution I~To. 99-50
1
2 of the City of Petaluma, California
3
4
5 .
6
"'y 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
~r' 11 Payran Re~?ch Flood Control Project
12
13
14
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16 WHEREAS, it is desirable and necessary for the City of Petaluma to acquire certain permanent
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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
w~ 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
s 31 (a) Whether the public interest and necessity require the Project;
~.Tt 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
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t 36 owner(s) of record.
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Resolution No. 99-50 N.c.s. Page 1 of 2
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1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
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2 does hereby resolve as follows:
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3 1. The public interest and necessity require the Project to construct flood control
4 improvements on Petaluma Creek; xE
5 2. The Project is planned and located in the manner which will be most compatible with
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4 T, 6 the greatest public good and the least private injury;
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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 . 17,
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
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12 hereby, authorized and directed to institute and conduct to conclusion an action in r
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' F~~~
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15 6. An order for prejudgment possession may be obtained in said action and a warrant
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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. =7x
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Under the power and authority conferred upon this Council by the Charter of said City.
3 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ppr as ¢
on thed.of.8th ity.of dayiof~.at Ma.~r..~.~h..lar)..(~19~..99, byhe f 3~„i
following vote:
City Attorney
AYES: Healy, Cader-Thompson, Torliatt, Hamilton, Maguire
NOES: None
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ABSENT: Vice Ma er, Mayor Thompson
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ATTEST: . . _
City Clerk Councilmember Hamil on
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Exhibit
.Grant®f Lascuicnt and T'emaorary Construction l;asetneut '
. Eor)('clafun,a ~13'Cr t?11annCl )(Itl(1r0~'CittelllS 3'iroicct
Being a portion of the lands :of Hamby (Being Lot 13 as shown o.n the Linda Del Mar
'Subdivis.ion No. ,filed in Book !;2 of Maps at Pages 18-2'1, Sonoma County Records), as
recorded in that Document No. 9'1'-0115.167, S.C.R.,more particularly described as
follows:
Grant ®f Easement
Tieing a grant of easement for.Flooe~ Channel Improvements;:Installation, Cgnstruction,
Rc-construction, Operation,,R.epai'r atd M81n131natlQt'. Said easement is described as
follows: ,
Beginning at the :most nvrlheasterly cori,erof said lands;thence along the northerly line
of said lands, being ltie common,line with Lot 12, North 75°00' West, 4.OO.feet thence .
leaving said.. line; South,l2°1 T14" West, 80.09 feet to a point•on the easterly line of. said
IandS; thence along said' easterly line, North 1S° 09' East,.80,'.00• feet to the. point of
beginning. -
-
Containing IGO square feet more orless
Relinquishing also any rights or interest in any pare of the 1'etalwna River not covered by
tltis insiruincnt.
'~'cm torar ~ Construction Easement
Together with a temporary construction easement with the right of immediate entry:for
all puchose5'necessary to. conforrrr grades and drainabe belween.adjacent' propeily and the. .
projeeGconstruct,on, :Such purposes, as necessary, including the right to, but i,ot limited
to, gcadinb,borrowing ii.rid/o~r depositing till, spoil avid waste material Thereon, to move,
store and rempve~equipmentand supplies, to erect and remove temporary structures~on
the land, rerrroval"of existing miscellaneous improvements, reconstruction ofexistin6
nrproventents which inay be conformed, as may be needed; beyond the temporary
cunstruction easement, and to perform any other work. necessary and incident to the
construction of•theFlood Wall Project. Reserving; however to the landowners, Ihcir heirs
and assigns, all such~~rights and privileges as maybe used without riCerfering with or
abridging the rights' and easement hereby acquired; subject however to any existing
easements. Said temporary easement is described as follows:
~77 :1V1 1. 4
Beginning at the southeast.corner ofsaid (ands; thence Tong the easterly line ofsaid
lands North 1 S°09' East,.24.43 fect• thence along the westerly lice of the Grant of
Easement described above, North 12° 17' 14" West, 80.09 feet to a poini on the northerly
-ling of said lands; thence along. said northerly link, sari lice being the conunon line
with LOt 12,:IVorth 75°00'.00"'West, 30.00 feet; thence leaving said.northerly line,
South 1509'00" West, G.00 feel; thence South 44° 14'22" East, 3G.U2 feet; thence
South 15°09'00" Well, 26.00 feet;:thence South 45°09'34" West, 38.29 feet; thence
North 41°03''50" West, 50.OO.feet; thence; South 48°3G' 10`' West, 5.00 feet to a point orr
the westerly line of said lands; thence along said line .South 41°03'50" East, 80.00 feet to
a point of t~cginning.
Containing 1',436 square feet more or less.
Said temporary constcuctiorneasement shall terminate upon the filing of the Notice of
Completion for the City of hetaluma Project No.9724.
Relinquishing also any rights or interest in any part of.the Petaluma River not covered by
this instrument.
Tl?e intent of this description.is'to _affect that portion of the lands:above describes! forthe
orderly development of the City.of Petaluma Flood Project'No: 97,24. The description
was cornUiled in he offices of FitzGerald and Associates,from record deeds and mapNing
and `the U.S, Army Corps~of Engineers Petaluma River 40 Year'Plan Detailed Project
drawings received from the CityofPetaluma dated March 13,1'995` and as pcr.revisions
- received May 20, 1998., TI'o gaps nor gores are intended to be created where record
information may be in conflict.
/1 portion of A.I'. No. OU6-423-22
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OVVI~ERS I)AVII) SALt~IiTI) A1~1D 1VIICIIELE SALA1o1l)
PROPERTY 1~T0. 19
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Exhibit
Grant Of Easement and--Temporary Construction-Easement
.For Petaluma River Channel Teribrovements Proiect
Being a,portion of the lands of Saland (Being Lot 4 as shown on the Linda Del Mar
Subdvision:No. l,filed in Book 82 of Maps at Pages 18-21, Sonoma. County Records), as
recorded. in that DocumentNo. 89=031709, S.C.R., more particularly described as
follows: "
.Grant ®f Easement
Being a grant of easement for Flood Channel Improvements,Installation, Construction,
Re-construction, Operation, Repairand Maintenance. Said easement is described as
follows:
Commencing. at themost southerly comer of said lands; thence along the easterly line
of aid~lands:North 33°47.00" East, 64.84 feet to the northeast cornerof said,lands
being the true~point of:beginning;` thence leaving said point of beginnng.and along the
common line with Lot 3, North 39°00'00"West, 6.00 feet; thence leaving said line ~ '
South 22°04'07"'West, 25.22.feet to a point on the easterly line of said ]ands;
thence along said line North 35°47'00" East, 25.00 feet to the point of beginning.
Containing 75 square feet more or less, "
Relinquishing also any rights or interest in any part of the Petaluma River not covered" by
this instrument. .
']Cemaorarv Construction Easeme®t
Togethe with a temporary construction easementwith the~rght of immediate entry for
all purposes necessary to conform: grades and:drainage between adjacent property and the
project construction: Such purposes, as necessary, including the right to, but not limited
to, gradmg; borrowing and/ordeposifing fill,.spol and,waste material thereon, to move,
store and.remove equipment and supplies, to erect and remove temporary structures on
the land, removal of existing miscellaneous improvements„reconstruction of existing
improvements, which may be conformed, as may be~needed; beyond the temporary
construction easement, and to perform~.any other work necessary and incident to the
construction of the Flood Wall Piroject. Reserving, how"ever to the landowners, their heirs
" and assigns, all such rights and privileges~as may be~used'witFout interfering with or
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abridging, the rights and easement hereby acgwred subject; however to any existing
easemenfs. Said temporary easement' is described as follows: "
Beginning at the.mostj~southerly corner ofsaid lands; thence along the easterly line of -
said lands; North 35°47'00"East, 39.84 feet; thence leaving said.line and along the -
westerly line of the Granc of Easement described;above, North,"22°04'U7" East, 25..22 feet
to a point on the northerly, line of said lands; thence along said line, being the common
line with Lot 3, North 59°UO'e0" West, 24.00 feet; thence leaving-said line
South 3l°08'21"East, 72.52,feet to a point on the southerly line ofsaid lands; thence
along the. common line with Lof S, South 76°42'00" East, 26.00 feet to the point of
beginning.
- Containing 1-.,792 square feet more;or less.
- .Relinquishing; also any rights or interest in any part of the Petaluma River not covered by
this instrument.
Said temporary construction easementshall terminate upon the filing f the Notice of
Completion for the City of Petaluma Project No.9724.
The intent:ofthis description is toaffect that portion of the lands aboxe~described forthe
orderly development of the.- City, :of, Petaluma Flood Project IVo: 972'4. The description -
was.compiled. in the' oflt'ices~~of FitzGerald' and Associate"s from.record deeds and mapping -
-
.and the U S: ArmyCorps ofErigineersPetaluma River 40 Year, Plan:Detaited'Project.
'Report drawings ceeeived""front the~City of Petaluma dated 1vlarch 13,1995 and as per
';revisions received May 20, 1998. No gaps nor gores.are intendedao be created where
. record information may be in conflict.
A portion.of A.P: No. 006-4231
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License Expires 9-30-01 `4~~5~ "
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'Owner and Mailing Address Property Areas C"t Off Petaium~
David & Mishel'e Saliind'
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313 Colonial Drive ~1!'OIl/ d t Scale: I ' ~D
Wallingford, PA '19086' ~ofcn?C~tf 7~f
Date: `~~i;~9B
Temporary
A.P~No. 006-423-31 Easement f, ~pZ s.f.f Parcel'Na 19
O.R. No. 89=.051.704 Prepared by the ot~ces ofFitzGerald & Associates
OWI~dEI~~ I,EO~TAI~ I)E 1VIAI~TII~1I AND
.l~[AI~ILYl~1 I)E 1VIAI~TII~I
P~ZOPEI~'TY 1~10> 25
EXI~I~IT A
. Petcorps-#25
Exhibit (5/22/98)
Grant O! Cascmeat and ~'em rorar Construction Easement
- F'or Petaluma Itivcr Channel Itri ruvcmcnts I'ro'cct
Being<a portion of the lands of Schwartz/Yturralde (I3eing~ I;ot 95 as showm,on the Linda
Del Mar Subdivision No.1, filed in Book 82 of 119apsat Pases 18'=21, Sonoma County
Records), as recorded inBook-3197 of Official Records at Page 554 and in that
Document. No. 85-061.252, Sonoma County Records, more Particularly described as
follows:
.Grant OPIN,asemcnt
Being a grant of.easement for.Flood Channel Improvements Installation, Construction,
Re-construction, Operation, Repair anti Maintenance. Saidcasement is described as
follows:
Being a strip~,of land 3.00 feet's width lying westerly ofand adjoining the easterly
boundary of said lands..
. Containing I8O s.f., more or less -
Relinquishing also any rights or interest in any part of the Petaluma River not covered by
tliis instrument..
Temaortrry Construction Easement
Together with,a temporary construction easement with the right of immediate entry fior
nll•:purpo5es necessary'to conform grades and.drainage.between adjacent property and the
pa•oject'consteuction. Such purposes; as riecessa
ry; including the right to, but,not limited
tb,:gradir~, bgrrowing'and%rd~positing fill, spoil and waste material thereon, to move,
store and "remove equipment and supplies, Co erect and remove temporary structures on
the land,-removal of existing miscellaneous improvements, reconstruction of existing
improvements, which may be conformed as may be needed, beyond the temporary
construction easement,.and'~to perform. any other work: necessary and incident to the
construction of the Flood VlJall 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 existing
easements. Said temporary easement rs; described as follows: '
Commencing at~ the most southeasterly corner of said lands; thence along the easterly line
of said lands-North 20° 1'S' 40" East, 60.00 feet thence leaving said line and along the
common line with Lot 96 North 69° 44' 20" West, 3..0.0 feet to the. point of beginning;
thence continuing on said line North 69° 44' 20" West, 30:00 feet; thence leaving.said
common line. South 20° 13' 4.0" West; 42.00 feet, thence,Norifi 69° 44' 20" West,. 32:00
feet; thence South 20° 15' 40""West, 18.00 feet toa point on the southerly line of said
lands; thence along the!line in common with Lot 94 South 69° 44' 20" East, G2.00 feet;
thence leaving said line and along the westerly Fine of the Grant. of Easement described
above, North 20° 1 S' 40" East, 60.OO.fcet to the point of bebinni'ng.
Said Temporary Construction Easement hall terminate upon the filing of the Notice of
Completion for the City of Petaluma Project No. 9724.
Containing 2,376 s: f:, more or less
The intent of this description is to affect that portion of the lands above described for the
orderly development of the City of,Pelaluma 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,March 1'3,199Sand per.
Revisions received April 3, 1998. 'No.gaps nor gores are intendcd.to be created where
record information. may be in conflict.
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A:] .No: ODG-Q32-24 lvaserncnt~~376s.ff Parcc);AIo. 2S
O.R. No. 85-0G 1252' ~ 3197 O:R. Ssy ~ ~~crarod by the o[rus of FtzGe~ald, R Associates
OVVl~EI~: CI,OVE'I~ ST'O1E'I'TA FARIVI~
PROPEl~'I'Y Ie10.5~
EXI~I~IT t~
,EB-1€~-'~~ iriU ."1~u3 FI'~ F• 1l
Petcorps-#58
• (Revised 10/7/98)
lExhibit
Grant OflEasernentand 1'em4orary'Goostruction Easement
For Petaluma Diver Channel Improvements 1Proieet
Being a portion of the land's of.Clover Stornetta Farms, as recorded in that Document
No.9'1-OI22858, Sonoma County: Records, more particularly described as follows:
Grant ®f Easement
Being a grant of easement forFlood Channel Improvements Installation,. Construction,
Re-construction, Operation, R_ epairand Maintenance. Said easementis described as
. follows:
Commencing at the roost southeasterly comer of said lands; being a point on the
northwesterly lineof Madison Street, said point is distant 348.4 feet southwesterly from
the most-southeasterly°corner of Block 32 •as same is laid~down and numbered on
Hacmon's'Map of East'1?etaluma and as shown on that certain Record of Survey tvlap
filed in Book~434 ofMaps at Page•30;'Sonoma County Records; ,thence ieaving:Madson .
Street:and along; the southerly line:of said'lands North 54°UO' West (called S 54°20'E in •
deed), 449,4 ,feet o the most westerly:corner of said lands,.:being the True Point of
Beginning; thence along the westerly line of said lands NorEh 12°56'05" East (called
. S 12°3Q'W'in deed), 31.3,45 feet to a point on the southerly fine of.Edith Street; thence
along~said;southerlylineofEdth.Street, South 54°00'00"East, 67.00 feet; thence
[caving said'southerlyline of Edith Street South 12°05'56'"West, 3.15.44 feet to a point
on the southerly line of said.land~ which point bears South 5.4°00'00" East, 22..60 Feet
from a'/. inch iron pipe monument-shown as being set in the above: mentioned Record of
Survey; thence along said line North 54°00'00" West, 72.00 feet to the True Roint of
Beginning. ~ •
Containing 2Q,043 square feet, more or less.
Relinquishing also any rights or interest in any part of tfie Petaluma River not covered by
this instrument.
• ~ Temporary Construction Easement
Together with a temporary construction easement with the right of immediate entry for
all purposesnecessary to,conform grades and. drainage between adjacent property and the
project construction. Such purposes, as necessary, including the right to, but not limited
to, grading, borrowing and/or depositing fill, spoil and waste.material thereon, to move,
store and'remove equipment and supplies, to erect and remove temporary structures on
the land, removal. of existing miscellaneous;improvements;, reconstruction of existing
improvements, which may be conformed„ as may be 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; subjecthowever to any existing
easements. Said temporary easement is described as follows:
Commencing at the most southerly corner of said lands of Clover-Stometta Farms, being
a point on the northwesterly .side of-Madison Street, said point is distant 348.4 feet
southwesterly from the most southerly corner of Block 32 as°same is laid down and
numbered on Harmon's Map of East Petaluma and as shown on that certain Record of
Survey Map filed in Book,434 of Maps at Page 30, Sonoma County Records; thence
leaving Madison Street and along the southerly line of said lands North S4°00' Vlrest
(called S S4°20'iE in deed), 365`.40 feet. o the True Point of.$eginnng, which point bears
South S4°00' East, 34..60-feetfrom.a'/e :inch iron pipe moriumenf shown as being. et in
the above mentioned Record of Survey Map; thence leavng:.~aid outherly line
North 11°46'04" East, 316.26 feet to the southerly Ine°of Edith Street; thence
along said southerly line of Edith °Street North S4°Ot)'00" West; 10.00 feet; thence
leaving. said southerly line and along the easterly line of the "Grant of Easement"
described above, South .I2°05'56" West 315.44 feetto the' southerly line of said lands;
thence along said line South 54°00'00" East; 12:00 feet'to the True Point ofBegi"nning. .
Said temporary,constructiomeasementshal) terminate upon the filing ofthe Notice of
Completion for the City of Petaluma Project No:9724. .
Containing 3,172 square feet, more or less.
The ;intent of this description is to affect that portion,of the lands above described for the
orderly development ofthe City
of Petaluma Flood ProjectNo. 9724. The description
was.compi led' in the offices of FitzGerald and Associates from record deeds and mapping
and the U.S. Army Corps of Engineers Petaluma River 4.0 Year P1an.Detailed Project
Report, drawings received from the City of Petaluma dated Marche 13,1995 and as.per
revisions received August 3, 1.998. No gaps nor gores are intended to be created where
record information may be in conflict.
A portion of A.P. No: 007-041=02
Basis of Bearings for this description is Book 434 of'Maps Page 30.
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Owner and IylaiLing Acidness Properly Areas C'it~ Of`Pet~?~
. Clover Stometta'Farms Grant of ~ t Scale: l " = l OQ'
'P O Box 75Q369 ~ Easement ' 2O OQ,~f'~ - .Date: l0 - t- 98
Petaluma, CA 94475-0369 Tem}~orary r
Easement s3 ~ 7 Z f r t Parcel No. S8
O.It: No DN. 9l -01'°22858 Pre6?ered by t~ officr~s nf~jtZ,~78id ~ Associates
_ _ 95'-600
_ . ~y~ ~ ~ ~s