HomeMy WebLinkAboutResolution 96-040K N.C.S. 02/05/1996:.
Resolution No. 96-40 K N.C.S.
of the City of Petaluma, California
1
2
3 RESOLUTION OF NECESSITY TO CONDEMN
4 APN 005-060-044
5 ONE FEE TITLE AND
6 ONE SLOPE AND DRAINAGE EASEMENT
7 FOR PUBLIC HIGHWAY PURPOSES
8 (LAKEVILLE STREET/HIGHWAY [SR116]).
9 MAKE FINDINGS AND DETERMINATIONS;
10 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
11 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT
12 RICHARD COOMBS
13 799 BAY WOOD DRIVE
14 WHEREAS, the hereinafter described as one fee title and one slope and drainage
15 easement are required for the widening and improvement of Lakeville Street/Highway
16 (State Highway Route 116) between Caulfield Lane to Frates Road in the City of
17 Petaluma, Sonoma County, State of California; and
18
19 WHEREAS, the City of Petaluma is vested with the power of eminent domain to
20 acquire real property and rights therein under the provisions and authority of and for
21 the purposes and uses authorized by Article I, Section 19 of the Constitution of the
22 State of California, Sections 37350.5 and 40404 of the Government Code and Sections
23 1240.10, 1240.110, 1240.120, 1240.150 and 1240.410 of the Code of Civil Procedure,
24 and Section 4090, 10101, 10102 and 10103 of the Streets and Highways Code; and
25
26 WHEREAS, the City Council of the City of Petaluma does and it hereby finds and
27 determines that notice of its intention to adopt this resolution of necessity was duly
28 given as required by law, and on the date and at the time and place fixed for hearing;
29 this City Council did hear and consider all of the evidence presented;
30
31 NOW, THEREFORE, BE IT RESOLVED, by at least atwo-thirds (2/3) vote of this
32 City Council, pursuant to Sections 1240.030 and 1245.230 of the Code of Civil
33 Procedure, that this Council does and it hereby finds and determines each of the
34 following:
35
36 I. The public interest and necessity require the proposed project..
37
38 2. The proposed project is planned or located in the manner that will be most
39 compatible with the greatest public good and the least private injury.
40
Res, ho...........9,6-4.O...Krv.c.s. Page 1 of 4
1 3. The property sought to be.acquired is necessary for said project.
2
3 4. The offer required by Section 7267.2 of the Government Code has been made to
4 the property owner on 9/ 18/95.
5
6 AND BE IT FURTHER RESOLVED, that the City Attorney, or his duly authorized
7 designee, be and he is hereby authorized and directed to commence and maintain a
8 proceeding in eminent domain in the Superior Court of the State of California in and
9 for the County of Sonoma, for the acquisition of the estates and interests aforesaid and
10 take such actions as he may deem advisable or necessary in connection therewith; and
11
12 BE IT FURTHER RESOLVED, that the City Attorney be and he is hereby authorized
13 -and directed to make application to said Court for an Order for Possession Prior to
14 Judgment in said proceedings; and
IS
16 BE IT FURTHER RESOLVED, that the Finance Director be and he is hereby
17 authorized-and directed to draw his warrant on the appropriate account in the amount of
18 Two Thousand Dollars ($2,000), said warrant to be made payable to State Treasury
19 Condemnation Fund, and delivered to the City Attorney, to be by him deposited with
20 said payee as security for the Order for Possession Prior to Judgment hereinbefore
21 authorized; and
22
23 BE IT FURTHER RESOLVED, that the real property and interest in real property
24 therein hereinabove referred to are more particulazly designated and described in
25 Exhibits ""A" and "B" attached.
26
27 /sb/9845nc11/agenda/a:7
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hemby certify the foregoing Resolution was introduced and adopted by the Approvedas to
COllnCll of the City of Petaluma at a (Regular) (107d>siaxa~t~7di5~%pt3f* meeting"! form
on the ....5.th......_...... day of ....._....1;'ebP1l&Cy .............................. 19..9.6., by the '
following vote: ....__._..... ~.~.
----
City Attorney
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: / Hamilton / ,//"/,n/D ~~-~'~J ~ ~ ~~yo
ATTEST: .5:..--/ ..--........._- ..............:~--~-----.........._ ~-~'...Y..Y..'..C~~~C~L•Pd-/...!....~ ..........!'1J-'
City Clerk Mayor
Cb~ncil File.......
ca io-e; a~~. n~~.96.-4,Q...~._....... n•cs. Page 2 Of 4
IqN~=18-'96 SUN 07:14 1L:OBERI<gh1PER & g880C
CITY OF PETALUMA
COUNTY OF SONOMA
EXHIBIT "A"
LEGAL OESCRIPTtON
SR-118
4-SON-118-35.2
P50844-1
COOMBS
All that Certain real property situated 1n the City of Petaluma, County of
Sonoma, State of California, being a Dort ion Of Lot 3 a135hao~wdn;Q PS nocnaMCounty
271, which is filed 1n Book 501 of Maps at Pages t2, ,
Records, described as follows:
COMMENCING at the northwesterly corner of said Lot 3; thence along the
northerly line of said Lot 3 North 64'38'53" East, 188.787 feet to the True Point
of Beginning: thence leaving said line southeasterly along anon-tangent curve
to tfie right whose center bears South 27'42'Oa" West, having a radius of 34.00
feet through a Central angle of 56'08'12", an arc length of 33.31 feet; thence
North 84'41'25" East, 1.090 feat CO the easterly line of said Lot 3; thence along
said easterly line North 5'18'35" West 28.Ot8 feet to the northeasterly corner
of said Lot 3; thence leaving said easterly line along said northerly line of Lot
3, South 84'38'53" West, 18.563 feet to the True Point of Beginning.
Containing 161 square feet, more or less.
The bearings and distances used 1n the above description are on the
California Coordinate System of 1927, Zone 2. Multiply the above distances by
0.99997783 to obtain ground level distances.
This real property description has been prepared by me, or under my
direction, in conformance with the Professional land Surveyors Act.
A:1u~Erierr~icloscUt.~arloae
TEL N0: 7p7 SZS 8012 U671 F'1b
SEE "T'ITJLE PSOb--W'-I
C~c N I.~IT ~.
I o ~- Z
Reso. 90-40 K Page 3 of 4
JHfJ-18-'yb SUN U4': 1`~ IU:UttLr:i',HPIPER b NSSUI
CITY OF PETALUMA
COUNTY OF SONOMA
EXHIBIT ;A'~ I Pj~
LEGAL DESCRIPTION
SR-116
4-SON-116-35.2
52813-~
COONBS
A11 that certain real property situated in the City of Petaluma, County of
Sonoma, State of California, being a portion of LOT 3 as shown on Parcel Map No.
271, which 1s filed in Book 501 of Maps at Pages 12, 13 and td, Sonoma County
Records, described as follows:
A 1-foot wide easement for slope bank and storm drainage purposes and
inctdents thereto, under, upon, over and across the real property described as
fvlloxs:
BEGINNING at the northwesterly corner of Said Lot 3; thence along. the
northerly line of said Lot 3 North 84'38'53" East, 168.787 feat; thence leaving
said line along a non-tangent curve to the right whose center bears South
27'42'04" West, having 8 radius of 34,00 feet through a central angle of
17'43'41", an arc length of 10.520 feet; thence parallel with, southerly of and
distant 7.00 feet, measured at right angles from said northerly line South
84'38'53" West, 178.942 feet to the westerly line of said Lot 3; thence along
said westerly line North 13'15'58" East, 7.387 feet to the Point of Beginning.
Containing 1,220 square feet, more or less.
The bearings and distances used in the above descrtption are on the
California Coordinate System of 1927, Zone 2. Multiply the above distances by
0.99991183 to obtain ground level distances.
This real property descrtption .has been prepared by me, or under my
direction, in conformance with the Professional Land Surveyors Act.
l:lulEnm~rllsr~sclu. ~erlc. is
lLL PIU :'r C1r 7=7 t'~Ut1G AG Ii rli
~SEMr~JT 52813-~
Ex4-I-~6~Y ~
1 oFZ
Reso. 96-40 K Page 4 of 4