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HomeMy WebLinkAboutResolution 96-040H N.C.S. 02/05/19968 Resolution No. ss-4o H N.C.S. of the City of Petaluma, California 1 2 3 RESOLUTION OF NECESSITY TO CONDEMN 4 APN 005-050-025 5 ONE TEMPORARY CONSTRUCTION EASEMENT 6 FOR PUBLIC HIGHWAY PURPOSES 7 (LAKEVH,LE STREET/HIGHWAY [SR116]). 8 MAKE FINDINGS AND DETERMINATIONS; 9 AUTHORIZE EMIlVENT DOMAIN PROCEEDINGS AND APPLICATION FOR 10 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT 11 LAKEVILLE HIGHWAY INVESTORS (GIACOMO'S) 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 Councii 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 to 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. aes. vo.......g&-40...1-1,. N.cs. Page 1 of4 1 2 4. The offer required by Section 7267.2 of the Government Code has been made to 3 the property owner on 11/2/95. 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 FURTI-IER 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 Eight Thousand, Seven Hundred Twenty-Five ($8,725), said warrant to be made 18 payable to State Treasury Condemnation Fund, and delivered to the City Attorney, to 19 be by him deposited with said payee as security for the Order for Possession Prior to 20 Judgment hereinbefore authorized; and 21 22 BE IT FURTHER RESOLVED, that the interest in real property therein hereinabove 23 referred to is more pazticulazly designated and described in Exhibit "A" attached. 24 2$ /sb/9845nec8/agenda/a:7 Under the powerand 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 Petahmra at a (Regular) d~xkCnmGxddxtdrtel~ld meeting'~=-i'== ~~fO~ on the ...SLh ............... day of ..........E.ebruac..y.............................., 19.9.6.., by the following vote: ~~-.- ..........-..--..' City tt ney AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: Hamilto City Clerk ce io.xa Comcil File .................................... s~, rva...96-40. H . ncs Page 2 of 4 7HN-18-'S6 SUN ©7:1FJ CITY OF PETALUMA COUNTY OF SONOMA EXHIBIT "A'~ LEGAL DESCRIPTION SR-116 4-SON-116-35.4 52180.1 LAKEVILLE HWY. INVESTORS All that certain real property situated in the City of Petaluma, County of Sonoma, State of California, being a portion of lot 2, as shown on Parcel Map No. 226, which 15 filed in Book 405 of Maps at Pages 19, 20, antl 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 northwesterly corner of said Lot 2; thence along the northerly tine of said Lot 2, the following courses and distances: North 64"at'32" Fast, 17.240 feet; thence easterly along a tangent curve to the right having a radius of 679.955 feet, through a central angle of 10'01'36", an arc length of 118.991 feet; and thence easterly along a reverse curve to the left having a radius of 810.018 feet, through a central angle of 5'45'34", an arc length of 81.42a feet to the northeasterly corner of said Lot 2; thence leaving said northerly line along the most easterly line. of said Lot 2 the following courses and distances: South 1'02'25" East, 14.920 feet; thence 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 12.20 feet; and thence South 12'58'28" West, 23.381 feet; thence leaving said most easterly line South 89'07'34" Mest, 17.87 feet; thence North 1'02'25" West, 32.014 feet; thence westerly along a non-tangent curve to the right whose center bears North 0'41'23" East, having a radius of 828.018 feet and .being concentric aith the above described curve having a radius of 810.018 fe9t, through a central angle of 4'01'45", an arc length of 58.23 feet: thence easterly along a reverse curve to the left having a radius of 861.955 feat and being concentric with the above described curve having a radius of 679.955 feet, through a central angle of 3'4Z'15°, an arc length of 42.797 feet; thence South 12'58'28" West, 15.957 feat; thence North 77'03'32' West, 20.000 feet; thence North 12'56'28" East, 11.408 feet; thence westerly along a non-tangent curve to the left whose center bears South 0`45'39" East, having e radius of 881.955 feet and being concentric with the above described curve having a radius of 679.955 feet through a central angle of 4'32'49", an arc length of 52.533 feet; thence South 84'41'32" West, 23.175 feet to the westerly line of said Lot 2; thence along said westerly line North 12'56'28" East, 18.953 feet to the Point of Beginning. Containing 4,925 square feet, more or less. The bearings and distances used fn the above description are on the California COOrdinate System of 1927, Zone Z. Multiply the above distances by 0.99997783 to atrtain ground level distanc~~esss.~~ ,A G /~ p GJ^~~W1~ ~ / G ~~Od •, kUA9EYENtlY\161950192.191\D.77 r `/ ~ 1 2 I r Reso. 96-40 H Page 3 of 4 I d (~ 1D~OBERKRMPER & RSSOI TEL N0:707 SS 8012 11671 P05 7RN-LB-'96 SIJN L7:11 ID~OBERKNMPER & RSSOC TEL N0~707 525 Se12 11571 P06 CITY OF PETALUMA COUNTY OF SONOMA SR-118 4-SON-118-35.4 52180.1 LAKEVILLE HWY. INVESTORS This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors ACt. A.P.N. 005-0 -25 Leon Obe kamper .C. E. 12094 Date A:IEAAEYENIp1l6107C\97.101.7{ ~~t'~~~~ Z. O ~ '3 Reso. 96-40 H Page 4 of 4