HomeMy WebLinkAboutResolution 2011-014 N.C.S. 01/24/2011Resolution No. 2011 -014 N.C.S.
of the City of Petaluma, California
RESOLUTION OF NECESSITY
DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE ACQUISITION OF CERTAIN
PROPERTY INTERESTS FOR THE PETALUMA RIVER TRAIL
ENHANCEMENT PROJECT — WASHINGTON STREET TO
LAKEVILLE STREET (CITY PROJECT NO. 0200503), AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS —
PROPERTY OWNERS:
DAVID P. FRYM, SUSAN A. FRYM AND DALE E. DANIELS
92 LAKEVILLE STREET (APN 007 - 071 -009 AND 007 - 071 -010)
WHEREAS, the Petaluma River Trail Enhancement Project — Washington Street to
Lakeville Street will continue the River Trail and provide pedestrian and bicycle access as
planned in the General Plan and Petaluma River Access and Enhancement Plan, both
incorporated herein by this reference; and,
WHEREAS, it is desirable and necessary for the City of Petaluma to acquire certain real
property interests over, under, on, across and through Assessor's Parcel Number 007071 -009 and
007 - 071 -010 in order to construct, maintain, and operate the Project; and,
WHEREAS, the property interests to be acquired consist of access easements and a
temporary construction easement, more particularly described and depicted in Exhibit A,
attached hereto and made a part hereof by reference and hereinafter referenced as the "Subject
Property "; and,
WHEREAS, in order to construct the Project, the City of Petaluma is vested with the
power of eminent domain to acquire real property interests located at 101 -181 North McDowell
Blvd., City of Petaluma, County of Sonoma, APN 007 - 071 -009 and 007 - 071 -010, by virtue of
Article 1, Section 19, of the Constitution of the State of California, Government Code Section
37350.5, 37353, 39792, 40401, and 40404, Streets and Highways Code Section 10102 and Code
of Civil Procedure Section 1240.010- 1240.050, 1240.110, 1240.120, 1240.150 and 1240.350;
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 Petaluma on the following matters:
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;
Resolution No. 2011-014 N.C.S. Page 1
Whether the property interest sought to be acquired is necessary for said Project;
4. d. Whether the Subject Property is being acquired for a compatible use and will
not unreasonably interfere with or impair the continued public use, if any, as it
now exists or may reasonably be expected to exist in the future;
e. Whether the Subject Property is being acquired for a more necessary use and
the use to which the property is appropriated, if any; and
6. f. Whether the offer required by Government Code Section 7267.2 has been made
to the owner(s) of record; and,
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of
the State of California, the City of Petaluma has made a written offer to the owner or owners of
record to acquire the Subject Property for just compensation; and,
WHEREAS, City has satisfied the provisions and complied with all requirements of the
California Environmental Quality Act ( "CEQA ") for the Project which are incorporated herein
by this reference; and,
WHEREAS, on January 24, 2011, the City Council conducted a duly noticed hearing on
the resolution of necessity and considered the staff report on the resolution of necessity, all
public comments, all document and testimony received.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma, does hereby find, determine, order and resolve as follows:
The above recitals are facts on which these finding are based.
2. The interest and necessity require the Project.
The Project is planned and located in the manner which will be most compatible
with the greatest public good and the least private injury.
4. The property interests sought to be acquired in and to the real property more
particularly described and depicted in Exhibit A are necessary for the Project.
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 Subject
Property.
6. The Subject Property is being acquired for a compatible use and will not
unreasonably interfere with or impair the continued public use, if any, as it now
exists or may reasonably be expected to exist in the future.
7. The Subject Property is being acquired for a more necessary use and the use to
which the property is appropriated, if any.
The Office of the City Attorney of the City of Petaluma are hereby authorized,
empowered and directed to acquire in the name of the of the State of California,
by condemnation, the Subject Property in accordance with the provision of the
Resolution No. 2011 -014 N.C.S. Page 2
Eminent Domain Law, the Code of Civil Procedure and the Constitution of
California; to prepare, prosecute and conduct to conclusion in the name of the
State of California. Such proceedings in the proper court as are necessary for
such acquisition and to take such action as may be deemed advisable or necessary
in connection therewith; and, to deposit the probable amount of just compensation
based on an appraisal.
9. An order for prejudgment possession may be obtained in said action and a warrant
issued by the City payable to the State Treasury Condemnation Fund, in the
amount determined by the Court to be so deposited, as a condition of the right of
prejudgment possession and use of the Subject Property for said public use and
purposes.
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 d to
Council of the City of Petaluma at a Regular meeting on the 24` day of January,
2011, by the following vote:
qe
City At rney
AYES:
Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Renee
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk ayor
Resolution No. 2011-014 N.C.S. Page 3
EXHIBIT A TO RESOLUTION
EXHIBIT Pc
Grant of Public Access Easements
And
Temporary Construction Easement
For Pedestrian and Bilce Path
City of Petaluma River Trail Enhancement Project No. C200503
Being a portion of the lands of Frym, as described in that certain deed recorded as Document No.
2005- 062394, Official Records, Sonoma County Records, more particularly described as follows:
Being a grant of easement for Public Access/Pedestrian and Bike Path, including Construction,
Reconstruction, Repair and Maintenance. Said easement is described as follows:
PARCEL ONE
Commencing at a point marked by an iron pipe (called for in above mentioned deed), said pipe
being on the southwesterly line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison
Street bears South 54° 09' East, 176.10 feet distant; thence from said point of commencement
and along the southeasterly line of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
South 33° 18'20" West, 64.40 feet to a deed call iron pipe; thence continuing along the lands of
McCann, North 56° 24'40" West, 53.97 feet to the True Point of Beginning; thence from said
Point of Beginning and leaving said, lands of McCann, South 10° 56' West, 291 feet more or less
to the Northeasterly line of the right of way of the Petaluma and Santa Rosa Railway Company
(S.M.A.R.T.); thence northwesterly along the Northeasterly line of said right of way, 503 feet
more or less to the point of intersection of said Northeasterly line with the Easterly line of the 30
foot exception to Parcel One, as said exception is described in said Document No. 88- 005432;
thence northerly along the Easterly line of said exception 285 feet more or less to the
Southwesterly line of said lands of McCann; thence South 56° 24'40" East, 47.6 feet more or
less to the True Point of Beginning.
Excepting therefrom any portion of Parcel One above described lying westerly of the face of an
existing steel sheet pile wall (Petaluma River flood channel).
Containing 4,365 square feet, more or less.
PARCEL TWO
Commencing at a point marked by an iron pipe (called for in above mentioned deed), said pipe
being on die southwesterly line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison,
Street bears South 54° 09' East, 176.10 feet distant; thence from said point of commencement
and along the southeasterly line of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
110d,Wd.J.%Adb FbANYM4VE561I04 6000, 03.11.ue.wpd Page 1 of 4
Resolution No. 2011-014 N.C.S. Page 4
South 33° 18' 20" West, 64.40 feet to a deed call iron pipe; thence continuing along the lands of
McCann, North 56° 24'40" West, 53.97 feet; thence leaving said lands of McCann, South 10 56'
West, 291 feet more or less to an angle point on the Northeasterly line of the right of way of the
Petaluma and Santa Rosa Railway Company(S.M.A.R.T.) said Lands are described in that
certain deed recorded in Book 209 of Deeds, at Page 66, Official Records, Sonoma County
Records; said angle point being the True Point of Beginning of the land herein described thence
from said Point of Beginning and continuing South 10° 56' West 1100 feet more or less to a
point on said northeasterly line of said Railway right -of -way; thence following said northeasterly
line in a northwesterly direction 6.0.0 feet more or less to an angle point in said northeasterly line;
thence continuing along said line northeasterly 11.00 feet more or less to the Point of Beginning.
Containing 30 square feet more or less.
Reserving, however to the landowners, their heirs and assigns, all such rights and privileges as
my be used without interfering with or abridging the rights and easement hereby acquired;
subject however to any existing easements.
Together with a
Temporary Construction Easement
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 project
construction. Such purposes, as necessary, including the right to, but not limited to, grading,
borrowing and/or depositing fill, spoil and waste materials 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 said Pedestrian and Bike-Path,
Said Temporary Construction Easement is described as follows:
Being a 13 -foot wide strip of land lying easterly of and adjoining the courses South 10 56' West
as said courses are described in Grant of Easement Parcels "OAe" and "Two" above.
It is the intent that the sideline of the above described easement be extended or foreshortened at
its beginning or termination to join property or easement boundaries.
Containing 3,939 square feet more or less.
Reserving, however to the landowners, their heirs and assigns, all such rights and privileges as
my be used without interfering with or abridging the rights and easement hereby acquired;
subject however to any existing easements.
Said temporary construction easement shall terminate upon the filing of the Notice of
Completion for the City of Petaluma Project No. 8230 - 54110 - 0500505.
Nhlcil 1'u1W�g0E5CW IPlp"UO 0&11- 09.wp1 Page 2 of 4
Resolution No. 2011-014 N.C.S. Page 5
Basis of bearings for the above descriptions is the aforementioned Frym deed.
The intent of this description is to affect that portion of the lands above described for the orderly
development of the City of Petaluma "River Trail Enhancement Project C200503." The
description was compiled in the offices of CSW /Stuber- Stroeh Engineering Group, Inc. 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, 1995. No gaps
nor gores are intended to be created where record information may be in conflict. .
(A.P.N.'s 007 - 071 -009 & 010)
Prepared by:
CSW /STUBER- STROEH ENGINEERING GROUP, INC.
Jo J. Fi erald, .L. . # 4419 Date�� U RA
(License Renewal 9- 30 -09)
JOHN 1.
FMGERALD
File: 4.1048.008 Date: April 1, 2008
(Project Parcel #2) UC. # 4419
r
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Resolution No. 2011 -014 N.C.S. Page 6
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Resolution No. 2011 -014 N.C.S. Page 7
ACKNOWLEDGMENT
State of Califomla
County of _ 21 51. 1 1 1 )
On 77gk rc1 'V� /' P o 9 before me, Z'f t - f/orN sb 'J ,f p fk'21 / /v
(insert name and title of the offtder)
personally appeared / V <G( ��
who proved to me an the basis of satisfaett ry evidence to be the person(s) whose name(s) isljam
subscribed to the within instrument and acknowledged to me that helsll/hey executed the same in
his /tyef /their authorized capacity[ ), and that by hls /I}erlt}t eir signaturetaT on the instrument the
person1 }, or the entity upon behalf of which the personKacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
G.F HORNSBY
' COMM. #1668856 7 —
WITNESS my hand and official seal. NOTARypu13uc•G,1JFORNIA �?
SONOMA COUNT'
Expires Msy 50. 20M
(Seal)
Resolution No. 2011 -014 N.C.S. Page 8
ACKNOWLEDGMENT
State of California
County of ) C'14F P"A )
On ' �74 lwd before me, a- r7 / " S - )' L di /"(b G
(insert name and title qft e offi6
personally appeared /R- //- If
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within Instrument and acknowledged to me that he /0e'jth<y executed the same in
his /J]eflt"r authorized capacity.�, and that by his /her/t�,ietr signature�(a�'on the instrument the
personp<or the entity upon behalf of which the person acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
G.F HORNSSY
WITNESS my hand and official seal. COMM. 156
U °m ,NOTARY PUBLIC- CALI
NIA O
soNOMA COUNTY
My C rrm. Explroc MBY 10, 2009
(Seal)
Resolution No. 2011 -014 N.C.S. Page 9