HomeMy WebLinkAboutResolution 96-040F N.C.S. 02/05/1996
Resolution No. 9s-4o P N.C.S.
of the City of Petaluma, California
RESOLUTION OF NECESSITY TO CONDEMN
ON APN 005-040-046
ONE SLOPE AND DRAINAGE EASEMENT
FOR PUBLIC HIGHWAY PURPOSES
(LAKEVILLE STREET/HIGHWAY [SR116]).
MAKE FINDINGS AND DETERMINATIONS;
AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT
SOLA POTICAL
1500 CADER LANE
WHEREAS, the hereinafter described as one slope and drainage easement is required
for the widening and improvement of Lakeville Street/Highway (State Highway Route
116) between Caulfield Lane to Frates Road in the City of Petaluma, Sonoma County,
State of California; and
WHEREAS, the City of Petaluma is vested with the power of eminent domain to
acquire real property and rights therein under the provisions and authority of and for
the purposes and uses authorized by Article I, Section 19 of the Constitution of the
State of California, Sections 37350.5 and'40404 of the Government Code and Sections
1240.10, 1240.110, 1240.120, 1240.150 and 1240.410 of the Code of Civil Procedure,
and Section 4090, 10101, 10102 and 10103 of the Streets and Highways Code; and
WHEREAS, the City Council of the City of Petaluma does and it hereby finds and
determines that notice of its intention to adopt. this resolution of necessity was duly
given as required by law, and on the date and at the time and place fixed for hearing,
this City Council did hear and consider all of the evidence presented;
NOW, THEREFORE, BE IT RESOLVED, by at least atwo-thirds (2/3) vote of this
City Council, pursuant to Sections 1240.030 and 1245.230 of the Code of Civil
Procedure, that this Council does and it hereby finds and determines each of the
following:
1. The public interest and necessity require the proposed project.
2. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury.
3. The property sought. to be acquired is necessary for said project.
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Res Na......, _...~ ._.....__._.
4. The offer required by Section 7267.2 of the Government Code has been made to
the property owner on 11/12/95.
AND BE IT FURTHER RESOLVED, that the City Attorney, or his duly authorized
designee, be and he is hereby authorized and directed to commence and maintain a
proceeding in eminent domain in the Superior Court of the State of California in and
for the County of Sonoma, for the acquisition of the estates and interests aforesaid and
take such actions as he may deem advisable or necessary in connection therewith; and
BE IT FURTHER RESOLVED, that the City Attorney be and he is hereby authorized
and directed to make application to said Court for an Order for Possession Prior to
Judgment in said proceedings; and
BE IT FURTHER RESOLVED, that the Finance Director be and he is hereby
authorized and directed to draw his warrant on the appropriate account in the amount of
One Thousand, Eight Hundred Fifty Dollars ($1,850), said warrant to be made payable
to State Treasury Condemnation Fund, and delivered to the City Attorney, to be by
him deposited with said payee as security for the Order for Possession Prior to
Judgment hereinbefore authorized; and
BE IT FURTHER RESOLVED, that the interest in real property therein hereinabove
referred to is more particularly designated and described in Exhibit "A" attached.
/sb/9845nec6/agenda/a:7
Under the power and authority conferred upon this Council by the Charter of said City
KEFEKENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) tt~rbgiFRlFi~t~@€3F meeting.--~"-' form
on the ._5.th ................ day of ......__EebC1~1a~'.y.....................__....., 19.9§.., by the !
following vote: .-..-... ............._....
~ityAttorn y
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: Ha ilton ,/~~~
AT'T'EST: _ ...:.......... .----.. ....~~~C.t~Y......---............._
ity Clerk
cn io-ss
(boncil File........._........... _.._........
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?RtJ-18-'98 SUN 07: U8 IP:ObERKgMPER & R550C
CITY OF PETALUMA
COUNTY OF SONOMA
EXHIBIT 'A'
LEGAL DESCRIPTION
SR- i 16
4-SON-118-38.4
52188-1
CALIFORNIA HIVE-DOWN, INC.
A11 that certain real property situated in the City of Petaluma, County of
Sonoma, State of California, being a portion of Parcel 1 as shown on Parcel Hap
No. 118, filed in Book 266 of Maps at Page 39, 5onana County Records, tlescribe0
as follows:
An easement for slope bank and storm drainage purposes and incidents
thereto, under, upon, over antl across the real property described aS follows:
BEGINNING at the intersection of the easterly line of said Parcel 1 and the
southerly line of that certain parcel described in deed to the City of Petaluma,
a municipal corporation, under Document Number 87-000248, Sonoma County Records;
thence along said southerly line (DN 87-000248), westerly along a non-tangent
curve to the left whose center bears South 12'11'53" West, having a radius of
1356.030 feet, through a Central angle of 21'25'52", an arc length of 507.215
feet; thence South 80'46'01"West, 127.651 feet; thence leaving said southerly
line (DN 87-000248) North 84'30'37" East, 273.881 feet; thence along a non-
tangent curve to the right whose center bears South 3'01'50" East, having a
radius of 1346.030 feet and being concentric with the above described curve
having a radius of 1356.030 feet, through a central angle of 15'02'30", an arc
length of 353.369 feat to Said easterly line of Parcel 1; thence along sefd
easterly line North 35'Sd'32" East, 10.930 feet to the Point of Beginning.
Containing 6,639 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.P.N. 005-040-46
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