HomeMy WebLinkAboutResolution 96-040I N.C.S. 02/05/1996~-J
Resolution No. ss-4o 1 NC.S.
of the City of Petaluma, California
1
2
3 RESOLUTION OF NECESSITY TO CONDEMN
4 APN 005-050-026
5 ONE TEMPORARY CONSTRUCTION EASEMENT
6 FOR PUBLIC HIGHWAY PURPOSES
7 (LAKEVILLE STREET/HIGHWAY [SR116]).
8 MAKE FINDINGS AND DETERMINATIONS;
9 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
10 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT
11 YARDBIRDS
12 2000 LAKEVILLE HIGHWAY
13 WHEREAS, the hereinafter described as one temporary construction easement is
14 required for the widening and improvement of Lakeville Street/Highway (State
15 Highway Route 116) between Caulfield Lane to Frates Road in the City of Petaluma,
16 Sonoma County, State of California; and
17
18 WHEREAS, the City of Petaluma is vested with the power of eminent domain to
19 acquire real property and rights therein under the provisions and authority of and for
20 the purposes and uses authorized by Article I, Section 19 of the Constitution of the
21 State of California, Sections 37350.5 and 40404 of the Government Code and Sections
22 1240.10, 1240.110, 1240.120, 1240.150 and 1240.410 of the Code of Civil Procedure,
23 and Section 4090, 10101, 10102 and 10103 of the Streets and Highways Code; and
24
25 WHEREAS; the City Council of the City of Petaluma does and it hereby finds and
26 determines that notice of its intention to adopt this resolution of necessity was duly
27 given as required by law, and on the date and at the time and place fixed for hearing,
28 this City Council did hear and consider all of the evidence presented;
29
30 NOW, THEREFORE, BE IT RESOLVED, by at least atwo-thirds (2/3) vote of this
31 City Council, pursuant [o Sections 1240.030 and 1245.230 of the Code of Civil
32 Procedure; that this Council does and it hereby finds and determines each of the
33 following:
34
35 1. The public interest and necessity require the proposed project.
36
37 2. The proposed project is planned or located in the manner that will be most
38 compatible with the greatest public good and the least private injury.
39
40 3. The property sought to be acquired is necessary for said project.
Rey. n~o, _._ 96,-40., I .... N.as. Page 1 of 3
1
2 4. The offer required by Section 7267.2 of the Government Code has been made to
3 the property owner on 10/1/95.
4
5 AND BE IT FURTHER RESOLVED, that the City Attorney, or his duly authorized
6 designee, be and he is hereby authorized and directed to commence and maintain a
7 proceeding in eminent domain in the Superior Court of the State of California in and.
8 for. the County of Sonoma, for the acquisition of the estates and interests aforesaid and
9 take such actions as he may deem advisable or necessary in connection therewith; and
10
11 BE IT FURTHER RESOLVED, that the City Attorney be and he is hereby authorized
12 and directed to make application to said Court for an Order for Possession Prior to
13 Judgment in said proceedings; and
14
15 BE IT FURTHER RESOLVED, that the Finance Director be and he is hereby
16 authorized and directed to draw his warrant on the appropriate account in the amount of
17 Four Thousand, One Hundred Twenty-Five Dollars ($4,125), said warrant to be made
18 payable to State Treasury Condemnation Fund, and delivered to the City Attorney, to
19 be by him deposited with said payee as security for the Order for Possession Prior to
20 Judgment hereinbefore authorized; and
21
22 BE IT FURTHER RESOLVED, that the interest in real property therein hereinabove
23 referred to is more particularly designated and described in Exhibit "A" attached.
24
25 /sb/9845nec9/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) (~}'d§PGXdS%d'}x~1~1t~1Q meeting-' ~-
on the ...`,~..ttl._......--.... day of .........k'.e12c.Uasg..._ ............. __......., 19.8.x.., by the \I'
following vote: `. t.~~~._~-,.- ~-.-_....__.
City t~tto ey
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: Hamilton
ATTES'T': _. ...... _ ....... ..........~,~..c
City Clerk
o~ io-as
Council File.-_ .................._._........
a~~. m~,....9.6-.4.0..1...._.. u.cs
Page 2 of 3
TRhJ-18-'9E SUN 07:11 ID:OBERKAMPER & ASSOC
CITY OF PETALUMA
COUNTY OF SONOMA
EXHIBIT "A"
LEGAL DESCRIPTION
SR-116
4-SON-116-35.4
52171-i
HEADLEY
All 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 MaD No.
226, which 1s filed to Book a05 of Maps at Pages 19, 2D, and 21, Sonoma County
Records, described as follows:
A temporary easement for construction purposes and incidents thereto, upon,
over and across the real property described as follows:
BEGINNING at the most northerly Corner common to Lot i and said Lot 3, as
shown on said map; thence along the northerly line of said Lot 3 the following
courses and distances: South 84'43'08" West, 51.721 feet and thence westerly
along a tangent curve to the right having a radius of 810.018 f6et through a
central angle of 4'14'26", an arc length of 59.951 feet to the corner of Lot 2,
as shown on said map; thence leaving said northerly line along the line Common
to said Lot Z and said Lot 3 the following courses and distances: South 1'02'25"
East, 14.920 feet; thence southerly along a tangent curve to the right having a
radius of 50.00 feet. through a central angle of 13'58'53", an arc length of
12.201 feet; and thence South 12'56'28" West,. 23.381 feet; thence leaving said
line North 69'07'34" East, 27.730 feet; thence North 1'02'25" west, 32.D09 feet;
thence easterly along a non-tangent curve to the left whose center bears North
2'25'29" West, having a radius of 828.018 feet and being concentric with the
above described curve having a radius of 818.018 feet, through a central angle
of 2'51'23", an arc length of 41.281 feet; thence North 84'43'08" East, 45.796
feet to the common line of said Lot 3 and lot 1; thence along said line North
12 56'28" East, 18.85 feet to Lhe Point of Beginning.
Containing 2,709 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
D.99997783 to obtain ground level distances.
This real property description has been prepared by me, or Under my
tlirection, in conformance with the Professional Land Surveyors Act.
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