HomeMy WebLinkAboutResolution 96-040J N.C.S. 02/05/1996i~
Resolution No. 9s-4o J NC.S.
of the City of Petaluma, California
1
2
3 RESOLUTION OF NECESSITY TO CONDEMN
4 APN 005-060-045
5 TWO FEE TITLES 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 PUBLIC STORAGE
13 799 BAY WOOD DRIVE
14 WHEREAS, the hereinafter described as two fee titles 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 1. 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
rtes. n~o.........y.6.-4.Q..J.. N.cs. Pagel 0P5
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 11/16/95.
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
15
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 Eleven Thousand, Five Hundred Dollars ($11,500), said warrant to be made payable to
19 State Treasury Condemnation Fund, and delivered to the City Attorney, to be by him
20 deposited with said payee as security for the Order for Possession Prior to Judgment
21 hereinbefore authorized; and
22
23 BE IT FURTHER RESOLVED, that the real properties and interest in real property
24 therein hereinabove referred to are more particularly designated and described in
25 Exhibits "A", "B" and "C" attached.
26
27 /sb/9845nc10/agenda/a:7
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) ~ilpgW4p7(~C14i.41d meeting- ~~~' fO~
on the ...5.th_ ..:.......... day of ....._:.F.ehruary....................._......., 19.9b.., by the J
following vote: ~~, .~--, -:-,----.--'
dy Atto cy
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABS1?NT: Hamilton
ATTEST.: ...... _._._ --.~ ..... ..... ...................._
i , Clerk
cn to-as
Council File_.._ .............._.._.__.....
His. N«,.96-4Q-d-_.. m.cs.
Page 2 of 5
IRN-26-'46 MON 15:29 ID~OBERKRMPER & R55OC TEL PJ0~707 525 8012 p687 P01
CITY OF PETA(UMA
COUNTY OF SONDMA
EXHIBIT "A"
LEGAL DESCRIPTION
SR-118
4-SON-116-35.2
P50845-1
PUBLIC STORAGE PROPERTIES
A11 that certain real property situated in the City of Petaluma, County of
Sonoma, State of California, being a portion of that certain parcel of land
described under Document Number 9100019 Sonoma County Records, described as
follows:
COMMENCING at a point on the northerly line of said parcel, said point
being the northwesterly corner of Parcel i as shown on Parcel Nap 10, which is
filed 1n Book 109 of Maps at Page 18, Sonoma County Records; thence along said
northerly line South 84'38'53" West, 346.x54 feet to the True Point Of Beginning;
thence leaving said northerly line along a non-tangent curve to the left whose
center bears South 39'55'09" East, having a radius of 34.00 feet, through a
central angle of 55'25'28", an arc length of 32.89 feet; thence South 84'41'25"
West, o.9i3 feat to the westerly line of said parcel (Doc. No. 9100019); thence
along said westerly line North 5'18'35" West, 27.993 feet to the northwesterly
corner of said parcel (Doc. No. 9100019); thence leaving said westerly line along
said northerly line North 84'38'53" East, 16.602 feet to the True Point of
Be9lnnirtg.
Containing 148 square feet, more or less.
The bearings and distances used in 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: \uAE1l8r(\L6l (Bt\92.101\ P.l9
Reso. 96-40 J Page 3 of 5
EXN'IP~IT ~
~ 0 ts' Z
A.P.N. 005-060-45
!HIS--~=~ -~~. -~uti U,c~~ ill:UBEKKHMF'ER .'+ H_SVC
CITY OF PETALUMA
COUNTY OF SONONA
-i c~ id0: 767 525 8012 p~ ~ i ~~~~ ~"
EXHIBIT :A+
IEGAI DESCRIPTION
SR-116
4-SON-116-35.3
52119-1
PUBLIC STORAGE PROPERTIES
All that certain real property situated in the City of Petaluma, County of
Sonoma, SLate of California, being a portion of that certain parcel of 18nd
described under .Document Number 9100019, Sonoma County Records described as
follows:
BEGINNING at the northeasterly Corner of said parcel; thence along the
northerly line of said Darcel South 18'59'31" West, 107.420 feet; thence leaving
said northerly line North 84'41'32" East, 103.370 feet to a point on the easterly
line of said parcel, said point being the Southwesterly Corner of the lands of
The City of Petaluma, per deed recortled as Document Number 87063994, Sonoma
County Records; thence along said easterly line (91000195) North 12'55'28" East,
11.234 fast to the Point of Beginning.
Containing 551 square feet, more or less.
The bearings and distances used in the above description are on the
California Coordinate System of 1927, Zone 2. Multiply ti,e above distances by
0.99997783 to obtain ground level distances.
This real property description has been prepared by me, or under my
tlirectton, in conformance with the Professional land Surveyors Act.
FEE T~ITI.,E S 211 °I - I
~~~luEnnn~lslosc`1r.ul~y.ts ~~ N, ~I~ 2
Reso. 96-40 J Page 4 of 5 ' O ~ Z L~
JiaN-lc '9t UN Ll"7: I3 ID~06ERh~=-!19r'LF' :~ HSSUC '1"EL N0: 7Cq" S~::i 8U1~ Ub?1 F'U`_v ~-
CITY OF PETAIUMA
COUNTY OF SONOMA
EXHIBIT ~ C
LEGAL DESCRIPTION
SR-116
4-SON-116-35.2
52179-2
PUBLIC STORAGE PROPERTIES
A11 that certain real property situated in the City of Petaluma, County of
Sonoma, State of California, being a portion bf that certain parcel of land
described under Document Number 9100019, Sonoma. County Records, described as
follows:
An easement for slope bank and storm drainage purposes and incidents
thereto under, upon, over and across the real property described as follows=
BEGINNING at a point on the northerly line Of said parcel, Bald point being
the northwesterly corner of Parcel 1 as shown on Parcel Map 10 which is filed in
Book 109 of Maps at Paga 19, Sonoma County Records; thence along Said northerly
line South 84'38'53" Nest, 348.964.feet; thence leaving said northerly line along
a non-tangent curve to the left whose center bears South 39'55'09" East, having
a radius of 34.00 f9et, through a Central angle of 27'21'53", an arc length of
16.239 feet; thence parallel with, southerly of and distant 12.00 feet, measured
at right angles from sold northerly line, North 84`38'53" East, 358.853 feet;
thence South 11'00'29" East, 7.947 feet; thence North 78'59'31" East, 99.648
feet; thence North 84'41'32" East, 96.781 feet to the easterly line of said
parcel (91000196); thence along said easterly line North 12'56'28" East, 21.059
feet to the southwesterly corner of the Lantls of The City of Petaluma, per dead
recorded as Document Number 87063994, Sonoma County Records; thence leaving said
easterly line South 84'41'32" Mest, 103.370 feet Lo said northerly line
(91000195); thence along saitl northerly line south 78'59'31" west, 100.844 feet
to the Point of Beginning.
Containing 8,240 sQuare feet, more or less.
The bearings and distances used in 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, to conformance with the Professional Land Surveyors Act.
A.P.N. 00
E~.sEM OJT s21"T9- 2
A:IUIEYlN1i119199C192.1911p.li
EX 1-k l P IT G
Reso. 96-40 J Page 5 of 5
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