HomeMy WebLinkAboutResolution 96-040G N.C.S. 02/05/19960
Resolution No. 96-40 G NC.S.
of the City of Petaluma, California
1
2
3 RESOLUTION OF NECESSITY TO CONDEMN
4 ON APN 005-050-024
5 ONE TEMPORARY CONSTRUCTION EASEMENT
6 FOR PUBLIC HIGHWAY PURPOSES
7 (LAKEVH,LE STREET/HIGHWAY [SR116]).
8 MAKE FIlVDINGS AND DETERMINATIONS;
9 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
10 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT
11 LAKEVILLE HIGHWAY INVESTORS (7-11)
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 heazing,
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 I. 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.
96-40 G n.c.s. Page 1 of 3
Neg. NP ...........................
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 Seventy-Five ($4,175), said warrant to be made payable
18 to State Treasury Condemnation Fund, and delivered to [he City Attorney, to be by
19 him deposited with said payee as security for the Order for Possession Prior to
20 Judgment hereinbefore authorized; and
21
22 BE IT FURTHER RESOLVED, that the interest in real property therein hereinabove
23 referred to is more particularly designated and described in Exhibit "A" attached.
24
25 /sb/9845nec7/agenda/a:7
Undet the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the-- ~---Approved:a
Council of the City of Petaluma at a (Regular) {t@(t}ppltp(pe~$~) meeting ~ ,'-'fo
oa the ._Slh_...._...---... day of .........F.ebruacy....:....-..--.....--....._, 199.6..., by the c
fonowing vote: `_-
Cit Attorn y
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
LACES: None
ABSENT: Hamilton ~~/~~~./ ~/ /////~ //~//,
ATTEST:. __ ......... ....... _.L%.Pl.'1~-~`~~-(~................_..__....._. ` ...t'<L.r.._~1~......_... --- _.-..
City Clerk ./Mayor
Council File......_........-.....___.......
cn w-x> Hs_rva_J.6.-4„O.,G„..,,. rc.as. Page 2 of 3
IRN-18-'95 SUhJ 07:09 IU:OBERKRMPER & R880C
CITY OF PETALUMA
COUNTY OF SONOMA
EXHIBIT "A"
LEGAL DESCRIPTION
SR-118
4-SON-118-35.4
52173.1
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 1, as shown on Parcel Nap No.
226, which is filed in Book 405 of Maps at Pages 14, 20, 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 northwesterly corner of said Lot 1; thence along the
northerly line of sold Lot 1 the following courses and distances: North
84'43'06" East, 66.922 Peet; and thence southeasterly along a tangent curve to
the right having a radius of 45.00 feet, through a central angle of 79'45'30",
an arc length of 62.663 feet; thence leaving Bald line South 74'28'38" Mest, 5.00
feet; thence northwesterly along a non-tangent curve to tfie left whose center
bears South 74'28'38" West, having g radius of 40.00 feet and being concentric
with the above described curve having a radius of 45.00 feet, through a central
angle of 32'12'47`, an arc length of 22.49 feet; thence South 84'43'08" west,
70.671 feet; thence South 14'24'03" West, 18.372 feet; thence North 75'59'23"
west, 9.535 feet; thence North 12'56'26" East, 14.836 feet; thence South
84°43'08" West, 23.182 feet to the westerly line of said Lot 1; thence along said
westerly line North 12'56'28" East, 18.950 feet to Lhe Point of Beginning.
Contatntng 2,017 square feet, more or less.
The bearings end distances used in the above description are on the
California Coordinate System of 1827, 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.P.N. 005-OS 24
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Reso. 96-40 G Page 3 of 3
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