HomeMy WebLinkAboutResolution 2010-207 N.C.S. 11/30/2010Resolution No. 2010 -207 N.C.S.
of the City of Petaluma, California
RESOLUTION OF NECESSITY
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
ACQUISITION OF CERTAIN REAL PROPERTY AND REAL PROPERTY
INTERESTS, AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
EAST WASHINGTON STREET /HIGHWAY 101 INTERCHANGE
IMPROVEMENTS PROJECT
101 - 181 N. McDowell Boulevard, Petaluma, CA
(APN 007 - 340 -007)
Property Owner: The Novak Property, LLC
WHEREAS, the purpose of the East Washington Street /Highway 101 Interchange
Improvements Project (the "Project ") is to alleviate existing traffic- related impacts, which will
require that additional right -of -way be acquired along State Route 101 and the East Washington
Street Interchange to accommodate road widening and the relocation of utilities; and,
WHEREAS, the Project is consistent with the adopted General Plans for the City of
Petaluma and the County of Sonoma, as well as the Sonoma County Transportation Authority for
East Washington Street; and,
WHEREAS, California Streets and Highway Code section 130 authorizes the State of
California, Department of Transportation, ( "Caltrans ") and the City of Petaluma to enter into a
contract regarding the acquisition, construction, improvement, or maintenance of any State
Route; and,
WHEREAS, the City Council of the City of Petaluma adopted Resolution No. 2009 -075
N.C.S. on June 1, 2009, to enter into a "Cooperative Agreement," dated June 3, 2009, with
Caltrans to construct the Project improvements; and,
WHEREAS, for the above reasons, it is desirable and necessary for the City of Petaluma
to acquire a Highway Easement parcel (Caltrans' Parcel 60298 -1), a Joint Trench Easement
(Caltrans' Parcel 60298 -2), a Sanitary Sewer and Water Easement (Caltrans' Parcel 60298 -3)
and a Temporary Construction Easement (Caltrans' Parcel 60298 -4) in and to a portion of the
subject property, located 101 - 181 N. McDowell Boulevard, in the City of Petaluma, Sonoma
County California, (Assessor's Parcel Number 007 - 340 -007) as more particularly described in
Exhibits A, A -1, B, B -1, C, C -1, D, and D -1 which are attached hereto and made a part hereof by
this reference and are hereinafter referred to as the "Subject Property "; and,
WHEREAS, the City of Petaluma is vested with the power of eminent domain to acquire
real property for the Project by virtue of Article 1, Section 19, of the Constitution of the State of
California; California Code of Civil Procedure sections 1240.010 - 1240.050, 1240.110,
1240.120, 1240.150, 1240.350; California Government Code sections 37350.5, 37353, 39792,
38900, 40401 and 40404; City of Petaluma Resolution No. 2009 -172 N.C.S.; City of Petaluma
Resolution No. 2009 -075 N.C.S.; "Cooperative Agreement" between the City of Petaluma and
Caltrans dated June 3, 2009; "Cooperative Agreement" between City of Petaluma and Sonoma
Resolution No. 2010-207 N.C.S. Page I
County Transportation Authority dated October 26, 2009; approval by Caltrans for the East
Washington Street /Highway 101 Interchange Improvements Project; and,
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City of Petaluma
has provided the owners of the Subject Property, a copy of the "Notice of Intent to Adopt
Resolution of Necessity" informing them of the date and time any interested person can be heard
before the City Council, on the following matters, and to have the City Council give
consideration to testimony prior to deciding whether or not to adopt the proposed Resolution of
Necessity to commence eminent domain proceedings:
1. 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.
3. Whether the property sought to be acquired is necessary for the Project.
4. Whether the offer required by Government Code section 7267.2 has been made to the
owner of record.
5. Whether the Subject Property is being acquired for a compatible use under Code of Civil
Procedure section 1240.510 in that the City's use of the property will not unreasonably
interfere with or impair the continued public use as it now exists or may reasonably be
expected to exist in the future.
6. Whether the Subject Property is being acquired for a more necessary public use under the
Code of Civil Procedure section 1240.610 in that the City's use of the property is a more
necessary public use than the use to which the property is appropriated.
WHEREAS, pursuant to the provisions of section 7267.2 of the Government Code of the
State of California, the City of Petaluma has made an offer to the owner of record to acquire the
Subject Property for just compensation and provided same with an appraisal summary statement;
and,
WHEREAS, the City of Petaluma has satisfied the provisions and complied with all
requirements of the California Environmental Quality Act ( "CEQA ") and the National
Environmental Policy Act ( "NEPA "), and public notice has been given in the form provided by
law, and members of the public have been given an extensive opportunity for public review and
comment on the Project; and,
WHEREAS, on October 19, 2009, the City Council adopted Resolution of Necessity No.
2009 -172 N.C.S. seeking authorization from Caltrans to conduct Resolution of Necessity
Hearings for the Project, and thereafter, the City received the aforementioned authorization from
Caltrans on September 30, 2010; and,
WHEREAS, at its noticed meeting of November 15, 2010, the City Council continued the
public hearing to a special meeting on Tuesday, November 30, 2010; and,
WHEREAS, the City Council considered this matter as an agenda item at its noticed special
meeting of November 30, 2010; and,
Resolution No. 2010 -207 N.C.S. Page 2
WHEREAS, all the findings and conclusions made by the City Council pursuant to this
Resolution are based upon substantial evidence in the entire record before the City Council, and
not based solely on the information provided in this Resolution; and,
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed and considered all of the information and data in the administrative record, including
each of the Project- related documents relevant to the adoption of this Resolution, including but
not limited to, the General Plans of the City of Petaluma and the County of Sonoma, the
aforementioned resolutions, the Draft Environmental Impact Report/Environmental Assessment,
the Final Draft Environmental Impact Report/Environmental Assessment, and the Project Study
Report, and all oral and written evidence presented to it during all meetings and hearings; and,
WHEREAS, the City Council has endeavored in good faith to consider the pros and cons
of the issue before it, and specifically whether: (1) the public interest and necessity require the
Project; (2) the Project is planned or located in the manner that will be the most compatible with
the greatest public good and the least private injury; and (3) the Subject Property is necessary for
the Project, in order to affirm each of the aforementioned prior to the application of its power of
eminent domain in this particular instance; and,
WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred.
NOW, THEREFORE, it is found, determined, and resolved by the City Council of the
City of Petaluma as follows:
1. The above recitals are true and correct and are matters on which these findings are based.
2. The public interest and necessity require this Project, and specifically for the construction
of the improvements to replace and expand the East Washington Street /Highway 101
Interchange in order to mitigate existing interchange operational and safety deficiencies.
The Project is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury as determined, in part, after an extensive
environmental review process.
4. The taking of the highway easement parcel, joint trench easement, sanitary sewer and
water easement, and temporary construction easement, more particularly described and
depicted in Exhibits A through D -1 are necessary for the Project.
5. The offer required by Government Code section 7267.2 was made to the owner of record.
6. The proposed public use of the Project will not unreasonably interfere with or impair the
continuance of the public uses, if any, as they currently exist or may reasonably be
expected to exist in the future, pursuant to California Code of Civil Procedure section
1240.510.
7. The public use for which the Subject Property is sought to be taken is a more necessary
public use than the public uses to which the property is currently appropriated, pursuant
to California Code of Civil Procedure Section 1240.610.
8. While continuing to make every reasonable effort to acquire the Subject Property
interests by negotiation, the City Attorney of the City of Petaluma or his duly authorized
Resolution No. 2010 -207 N.C.S. Page 3
designee be, and is hereby, authorized and directed to institute and conduct to conclusion
an action in eminent domain for the acquisition of the Subject Property and to take such
action as may be deemed advisable or necessary in connection therewith.
9. An order for prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Deposit Fund, in the amount determined by the
Court to be so deposited, as a condition to the right of prejudgment possession.
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 (YV as to
Council ofthe City of Petaluma at a Special meeting on the 30 day of November,
2010, by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City Attorney
Resolution No. 2010 -201 N.C.S. Page 4
Resolution No. 2010 -207 N.C.S. Page 5
Parcel 1 (60298 -1)
Being a portion of the lands of Maria I. Novak, Trustee of the Maria I. Novak, Trust,
dated March 4, 1991, Darlene De Bernardi, successor Trustee under the Joanne
Novak St. Clair Irrevocable Trust Agreement, dated December 23, 1996, and Joseph
Felix, a widower and Stanley M. Felix a married man, as his sole and separate
property, as Surviving Joint Tenants, as described in the Grant Deed recorded May
30, 1973 in Book 2767, Page 460, the Quitclaim Deed recorded March 26, 1991 as
Document No. 1991- 0026172, and the Quitclaim Deed recorded August 3, 2009 as
Document No. 2009- 076131, all Official Records of the County of Sonoma, being more
particularly described as follows:
Beginning at a point on the existing right of way of the State of California, as said right
of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to the
State of California, filed October 7, 1953 in Book 1233 of Official Records at Page 381,
Sonoma County Records, said point lying at the southwesterly terminus of the course
recited as "N. 36 °25'29" E., 884.07 feet" in the last said deed;
thence from said POINT OF BEGINNING, along said existing right of way, North
3719'06" East, for a distance of 38.829 meters;
thence, leaving said existing right of way, North 74 °58'11" West, for a distance of
29.308 meters;
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 °58'37 ", for a distance of 9.737 meters;
thence, along a non- tangent curve to the right, from a tangent that bears, North
81 °18'34" West, with a radius of 60.960 meters, through a central angle of 21 °48'59 ",
for a distance of 23.212 meters;
thence, North 59 °29'33" West, for a distance of 53.992 meters;
thence, North 33 0 02'56" East, for a distance of 1.340 meters;
thence, North 56 °57'04" West, for a distance of 49.777 meters;
thence, North 50 °53'08" West, for a distance of 18.692 meters;
thence, North 58 °22'44" West, for a distance of 30.000 meters;
thence, North 63 °14'46" West, for a distance of 18.239 meters;
thence, North 60 °09'13" West, for a distance of 9.556 meters;
thence, North 62 0 10'59" West, for a distance of 5.374 meters;
K :IEng09109908410ocsU_egats12421 _Novak Permanent Easement(ROM-doc
8/12/10
Resolution No. 2010 -207 N.C.S. Page 6
thence, North 58 °22'44" West, for a distance of 0.809 meters to a point on the common
boundary of said lands of Novak, et al, and the lands of Syers Properties I, L.P., as
described in that Quitclaim Deed filed September 9, 2002, under Document No. 2002
135205, Official Records of the County of Sonoma;
thence, along said common boundary, South 36 °46'56" West, for a distance of 12.117
meters to a point on said existing right of way of the State of California;
thence, along said right of way, South 55 °24'34" East, for a distance of 243.755 meters
to the Point of Beginning.
Containing 4,750 square meters (0.475 hectares), more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights including access rights,
appurtenant to grantor's remaining property, in and to said freeway.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Divide the above distances by 0.999966886 to obtain ground distances.
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Resolution No. 2010 -207 N.C.S. Page 7
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Distribution Easement Rev. (07109)
LD 2405 -07 -1435
2010160 (01 -09 -021) 6 10 1
Lakeville — Petaluma C
Gas & Elec. Distribution
(APN 007- 340 -007)
The strips of land situate in the city of Petaluma, county of Sonoma, state of California,
described as follows:
STRIP 1. A strip of land of the uniform width of 10 feet extending from the northwesterly
boundary line of Parcel No. 1 as shown upon PARCEL MAP No. 6, filed for record December 13,
1968, in Book 109 of Maps at page 15, Sonoma County Records, southeasterly to the
southwesterly boundary line of the strip of land designated "G &E" upon Pacific Gas and Electric
Company's Drawing No. 30391800 attached to the Relocation Agreement between Maria I. Novak
and others dated May 25, 2005, and recorded as Recorder's Serial No. 2005081921, Official
Records of Sonoma County, and lying 5 feet on each side of the line described as follows:
Commencing at the found 2 -inch Brass Disk shown upon said PARCEL MAP No. 6
as marking the northwesterly terminus of a course in the center line of McDowell
Boulevard, (for identification only, said course as shown upon said PARCEL MAP No. 6
has a bearing of N54'3 1'30"W and a length of 759.80 feet) and running
(a) south 27 °41'38" west 888.72 feet
to a point in the northwesterly boundary line of said PARCEL No. 1, being the TRUE
POINT OF BEGINNING of this line; thence leaving said northwesterly boundary line
(1) south 51'28'17" east 275.76 feet; thence
(2) south 56 °57'04" east 161.00 feet; thence
(3) south 11'16'11" west 9.08 feet
to a point in said southwesterly boundary line.
STRIP 2. A strip of land of the uniform width of 5 feet, lying contiguous to and northwesterly
of the northwesterly boundary line of a strip of land delineated and designated "E" on said Drawing
No. 30391800 (for identification only, the center line of said strip as shown upon said Drawing has a
bearing of S 36° 05.5' W and a length of 153.2 feet), and extending southwesterly 136.31 feet, as
measured along said northwesterly boundary line of said strip of land designated "E ". The sidelines
of said strip of land of the uniform width of 5 feet shall be lengthened or shortened at the
northeasterly terminus thereof so as to terminate in said southwesterly boundary line.
The foregoing descriptions are based on a survey made by second party in April, 2010.
Bearings are based on the California Coordinate System (CCS83 EPOCH date 1991.35), Zone 3,
and are based on Global Positioning System (GPS) Observations. All distances used herein are grid
distances. To obtain ground distances, multiply ground by 0.99996886.
3
Resolution No. 2010 -207 N.C.S. Page 11
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Resolution No. 2010 -207 N.C.S. Page 13
EXHIBIT `A'
Parcel 1 (60298 -3)
Being a portion of the lands of Maria I. Novak, Trustee of the Maria I. Novak, Trust,
dated March 4, 1991, Darlene Kehoe, successor Trustee under the Joanne Novak St.
Clair Irrevocable Trust Agreement, dated December 23, 1996, and Joseph Felix, a
widower and Stanley M. Felix a married man, as his sole and separate property, as
Surviving Joint Tenants, as described in those deeds recorded in Book 2767 of Official
Records at Page 460, Document No. 1991 - 026172, and Document No. 2009- 076131,
Official Records of the County of Sonoma, being more particularly described as
follows:
Commencing at a point on the existing right of way of the State of California, as said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the westerly terminus of the course
recited as "N. 36 0 25'29" E., 884.07 feet "; thence from said Point of Commencement
along said existing right of way of the State of California North 37 0 19'06" East, for a
distance of 38.829 meters;
thence, leaving said existing right of way, North 74 °58'11" West, for a distance of
29.308 meters;
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 0 58'37 ", for a distance of 9.737 meters;
thence, along a non tangent curve to the right, from a tangent that bears, North
81 0 18'34" West, with a radius of 60.960 meters, through a central angle of 21 °48'59 ",
for a distance of 23.212 meters;
thence, North 59 °29'34" West, for a distance of 12.701 meters;
thence, North 30 0 30'26" East, for a distance of 3.046 meters to the Point of Beginning
of the parcel to be herein described;
thence from said POINT OF BEGINNING, along a curve to the right, from a tangent
that bears North 61 °06'38" West, with a radius of 184.352 meters, through a central
angle of 04 °09'34 ", for a distance of 13.383 meters;
thence, North 56 °57'04" West, for a distance of 75.375 meters;
thence, North 51 °28'17" West, for a distance of 84.099 meters to a point on the
common boundary of said lands of Novak, et al, and the lands of Syers Properties I,
L.P., as described in that grant deed filed under Document No. 2002 135205, Official
Records of the County of Sonoma;
thence, along said common boundary, North 36 0 46'56" East, for a distance of 3.049
meters;
1(•IEng0910990841DocsV egals12421_Novak_SSBWA.doc
6/17/10
Resolution No. 2010 -207 N.C.S. Page 14
thence, leaving said common boundary, South 51 °28'17" East, for a distance of 84.046
meters;
thence, South 56 0 57'04" East, for a distance of 75.229 meters;
thence, along a tangent curve to the left, with a radius of 181.304 meters, through a
central angle of 04 °11'12 ", for a distance of 13.248 meters;
thence, South 30 0 30'26" West, for a distance of 3.049 meters to the Point of
Beginning.
Containing 526 square meters (0.053 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Zone 3. Divide the above
distances by. 0.999966886 to obtain ground distances.
Prepared by: \ �NNL LAND S
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Resolution No. 2010 -207 N.C.S. Page 15
Exhibit C -1
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SANTA ROSA, CA 95401 OVER THE LANDS OF NOVAK
®® PH: 707 - 542 -6465 Job No. 20099084
C A R L E N Z O LI FAX: 707 -542 -1645 By JAK Date MAR 2010 Chkd.
ENGINEERS /SURVEYORS/ PLANNERS SHEET 1 OF 1
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Resolution No. 2010 -207 N.C.S. Page 16
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-- — — — (N36'25'29 "E 884.07'— PER 1233 O.R. 381) — — — —
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RALPH" H. - 'S 476V
325 TESCONI CIRCLE Subject SANITARY SEW EASEMENT
SANTA ROSA, CA 95401 OVER THE LANDS OF NOVAK
®® PH: 707 - 542 -6465 Job No. 20099084
C A R L E N Z O LI FAX: 707 -542 -1645 By JAK Date MAR 2010 Chkd.
ENGINEERS /SURVEYORS/ PLANNERS SHEET 1 OF 1
0
n. 2421EXHB— Novok— SS_WLE.dwg
Resolution No. 2010 -207 N.C.S. Page 16
0
Resolution No. 2010 -207 N.C.S. Page 17
EXHIBIT `A'
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (60298 -4)
Being an easement for construction purposes and incidents thereto, upon and across a
portion of the lands of The Novak Property, LLC, as recorded in Document No. 2010-
026833, Official Records of the County of Sonoma, being more particularly described
as follows:
Commencing at a point on the existing right of way of the State of California, as said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the westerly terminus of the course
recited as "N. 36 °25'29" E., 884.07 feet" in the last said deed; thence from said Point of
Commencement along said existing right of way of the State of California North
37 °19'06" East, for a distance of 38.829 meters to the Point of Beginning of the parcel
to be herein described;
thence, from said Point of Beginning, leaving said existing right of way, North
74°58'11" West, for a distance of 29.308 meters.
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 °58'37 ", for a distance of 9.737 meters;
thence, along a non tangent curve to the right, from a tangent that bears, North
81 °18'34" West, with a radius of 60.960 meters, through a central angle of 21'48'59",
for a distance of 23.212 meters;
thence, North 59 °29'34" West, for a distance of 53.992 meters;
thence, North 33 °02'56" East, for a distance of 1.340 meters;
thence, North 56 0 57'04" West, for a distance of 49.777 meters;
thence, North 50 °53'08" West, for a distance of 18.692 meters;
thence, North 58 °22'44" West, for a distance of 30.000 meters;
thence, North 63 °14'46" West, for a distance of 18.239 meters;
thence, , North 60 °09'13" West, for a distance of 9.556 meters;
thence, North 62 0 10'59" West, for a distance of 5.374 meters;
thence, North 58 °22'44" West, for a distance of 0.809 meters to a point on the common
boundary of said lands of The Novak Property, LLC, and the lands of Syers .Properties
I, L.P., as described in that Grant Deed filed under Document No. 2002 135205,
Official Records of the County of Sonoma;
K:IEng091099084V)ocAegaisl2421 _Novak TCE.doc
8/17/10
Resolution No. 2010 -207 N.C.S. Page 18
thence, along said common boundary, North 36 0 46'56" East, for a distance of 12.923
meters;
thence, leaving said common boundary South 51 °28'17" East, for a distance of 84.099
meters
thence, South 56 0 57'04" East, for a distance of 75.375 meters;
thence, along a tangent curve to the left, with a radius of 184.352 meters, through a
central angle of 04 °11'12 ", for a distance of 13.470 meters;
thence, South 59 0 29'34" East, for a distance of 12.614 meters;
thence, along a tangent curve to the left, with a radius of 57.912 meters, through a
central angle of 60 0 52'24 ", for a distance of 61.528 meters;
thence, South 52 0 40'54" East, for a distance of 11.851 meters;
thence, South 37 °19'06" West, for a distance of 16.946 meters to the Point of
Beginning;
Containing 1,410 square meters (0.141 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Divide the above distances by. 0.999966886 to obtain ground distances.
Prepared by:
BKF / Carlenzoli
Ralph H.'Thomas, JAS f 1Vo.
K :IEng09109908410ocs1Legals12421 _Novak TCE.doc
8117110
Exp. 09/30/11
LANO SG
H. 7'y 9
0,�� L eo.
tP 10
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Dated: 9/17 L.o
Resolution No. 2010 -207 N.C.S.
Page 19
Exhibit D -1
5B
57
I
N58'22'44 "W-
56
0.809m
N62'1 0'59"W
5:374m
55
N60- 09'13 "W -
9.556m
54
N6314'46 "W
18.239m
53
N58'22'44 "W-
30.000m
52
N50'53'08 "W
18.692m
sr
5a
N33'02'56'
1.340m
49
48
$7
Q
jf
LEg
R= 60.960m
L= 23.212m
z
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3 4 '
TAN. BRG.
A-2'58'37"
R= 187,400m
L =9.737m
N74'58'11 "W-
29.308m 3
i N37 _
S) 7'19'06 "W 16.946m
` — —
POINT OF (N36'25'29 "E 884.07'— PER 1233 O.R. 381) — — —
COMMENCEMENT BE
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$7
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RALP H. S Q. S 4760
325 TESCONI CIRCLE
Sub
TEMPORARY � EASEMENT
OVER THE
LANDS OF THE NOVA< PROPERTY, LLC
®®
SANTA ROSA, CA 95401
PH: 707 -542 -6465
Job No.
20099084
C A R L E N Z O L I
FAX: 707- 542 -1645
By JAK
Date APR 2010 Chkd.
1
ENGINEERS /SURVEYORS/ PLANNERS
SHEET 1 OF
E
a
M
0
0
0
g
0
a 2421EXHB- Novak- TCE.dwg
EXHIBIT 'B' LANDS OF
PA)?CZL 2 SYERS PROPERTIES I, L.P.
N36 '46'56 "E DN 2002- 135205
12.923m i RCE -1 jWA P F
109 IVIAi ]b
f— FUTURE RIGHT OF WAY LINE
0
LANDS OF
z THE NOVAK PROPERTY, LLC
s DN 2010 - 026833
6
R= 184.352m
L =13.470m
— S59'29'34 "E
12.614m 0 40 100
SCALE 1:2000 METERS
Q
S52'40'54 "E
11.851 m
F
Resolution No. 2010 -207 N.C.S. Page 20