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HomeMy WebLinkAboutResolution 96-040E N.C.S. 02/05/19965 Resolution No. ss-4o E N.C.S. of the City of Petaluma, California 1 2 3 RESOLUTION OF NECESSITY TO CONDEMN 4 ON APN 005-040.040 5 ONE FEE TITLE, ONE TEMPORARY CONSTRUCTION EASEMENT, 6 AND ONE SLOPE AND DRAINAGE EASEMENT 7 FOR PUBLIC HIGHWAY PURPOSES 8 (LAKEVILLE STREET/HIGHWAY [SR116]). 9 MAKE FINDINGS AND DETERMINATIONS; 10 AUTHORIZE EDHIVENT DOMAIN PROCEEDINGS AND APPLICATION FOR 11 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT 12 PETALUMA POULTRY PROCESSORS 13 2700 LAKEVILLE HIGHWAY 14 WHEREAS, the hereinafter described as one fee title, one temporary construction 15 easement, and one slope and drainage easement are required for the widening and 16 improvement of Lakeville Street/Highway (State Highway Route 116) between 17 Caulfield Lane to Frates Road in the City of Petaluma, Sonoma County, State of 18 California; and 19 20 WHEREAS, the City of Petaluma is vested with the power of eminent domain to 21 acquire real property and rights [herein under the provisions and authority of and for 22 the purposes and uses authorized by Ar[icle I, Section 19 of the Constitution of the 23 State of California, Sections 37350.5 and 40404 of the Government Code and Sections 24 1240.10, 1240.110, 1240.120, 1240.150 and 1240.410 of the Code of Civil Procedure, 25 and Section 4090, 10101, 10102 and 10103 of the Streets and Highways Code; and 26 27 WHEREAS, the City Council of the City of Petaluma does and it hereby finds and 28 determines that notice of its intention to adopt this resolution of necessity was duly 29 given as required by law, and on the date and at the time and place fixed for hearing, 30 this City Council did hear and. consider all of the evidence presented; 31 32 NOW, THEREFORE, BE IT RESOLVED, by at least atwo-thirds (2/3) vote of this 33 City Council, pursuant to Sections 1240.030 and 1245.230 of the Code of Civil 34 Procedure, that this Council does and it hereby finds and determines each of the 35 following: 36 37 1. The public interest and necessity require the proposed project. 38 39 2. The proposed project is planned or located in the manner that will be most 40 compatible with the greatest public good and the least private injury. Res, vo ,,,,,., 96,-40,; E. N.c.s. Page 1 of 5 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 11/7/95. 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 Seven Thousand, Three Hundred Seventy-Five Dollars ($7,375), said warrant to be 19 made payable to State Treasury Condemnation Fund, and delivered to the City 20 Attorney, to be by him deposited with said payee as security for the Order for 21 Possession Prior to Judgment hereinbefore authorized; and 22 23 BE IT FURTHER RESOLVED, that the real property and ihterests therein 24 hereinabove referred to are more particularly designated and described in Exhibits "A", 25 "B" and "C" attached. 26 27 28 /sb/9845nec5/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 ttie Approved-as to . meetin ~.. ~-f Councn of the City of Petaluma at a (Regular) ~{j~~Rga{}Xf~g,@l~ g ., on the ._5.th...._....__. day of .........-F.ebfilla-Cy ............................:.. 19.9Fi-. by'the ,~ , following vote: .`..=..~-;.-- -~ ............... ity Attorryey AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Nlayor Hilligoss NpES: None ABSENT: Hamilton ATTEST: .._ ......_..---- --... ........_r'~ 5-..........__..... City Clerk ce io.ea Council File ..........................._....... Page 2 of 5 SF7N-LB-'96 SLlld 07:07 ID:QBERKGMPER & RSSOC TEL N0~707 525 8012 ri671 PD2 - Q t~ i~L ~ CITY OF PETALUMA COUNTY OF SONOMA EXHIBIT "A" LEGAL DESCRIPTION SR-116 4-SON-116-35.9 52185-1 SMAINSKY All that certain real property situated to the City of Petaluma, County of Sonoma, State of California, being a portion of Parcel 1 as shown on Parcel Map No. 26 which is filed in Book 144 of Maps,. at Page 34, Sonoma County Records, described as folloWS: BEGINNING at the southwesterly corner of that certain parcel described in deed to the City of Petaluma under document Number 85-003058, Sonoma County Records; thence along the Southerly line of said City of Petaluma Parcel North 83°56'14"East, 87.302 feet; thence leaving said southerly line South 81'55'42" West, 64.020 feat to the westerly line of said Parcel 1; thence along said westerly line North 36'05'59" East, 3..973 feet to Lhe Point of Beginning. Containing 120 square feet, more or less. The bearings and distances used in the above description are on the Callfornia Coordinate System of 1927, Zone 2. Multiply the above distances by 0.99997763 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance aith the Professional Lantl Surveyors Act. S ~'Et- ~'ITL~ S 2155-- ~ A ~ lU IEIINIII\E6183[\9f.181\p.ll Reso. 96-40 E Page 3 of 5 Eu N I I°JIT ~ o~ Z A.P.N. 005-040-40 TF1N-46-'96 FRI 12:19 ID?OEEP.KRMPER.& RSSOC CITY OF PETALUMA COUNTY OF SONOMA EXNTBI7 %fi'~ ~P~ LEGAL OESCRIPTTON SR-118 4-SON-116-35.9 52185-2 SHAINSKY All 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 kap No. 28 which is filed in Book 144 of Maps 1 at Page 34, Sonoma County Records, described as follows: An easement for slope bank and storm drainage purposes end incidents thereto, upon, under, over and across the real property described as follows: COMMENCING at the southwesterly corner of that certain parcel described in deed to the- City of Petaluma under Rocument Number 85-003058, Sonoma County Records; thence along the southerly line of said City of Petaluma Parcel North 83'56'14" East, 61.302 feet to the TRUE POINT OF BEGINNING; thence continuing along said southerly line North 83'58'14" East, 324.346 feet; thence leaving said southerly line South 79'07'17" West, 5@.556 feet: thence south 6'03'48" East, t0.0o feet; thence South 83'56'14'` West, 20.00 feet; thence North 8'03'40" Wast, 10.00 feet; thence along a line para17e1 with, southerly of and distant 5.00 feet, measured at right angles from said southerly line of the City of Petaluma, South 83'56'14" pest, 244.913 feet: thence South 8t'55'42" west, 88.790 fe6t to the westerly line of said Parcel 1; thence along .said westerly line North 38'05'59" East, 8.911 feet to a point which bears South 38'06'59" West along said westerly line. 3.973 feet from said southwesterly corner of the City of Petaluma; thence leaving said westerly line of Parcel 1, North 81'55'42" Eset 84.02 feet to the True Point of Beginning. Containing 2,105 square feet, more or lass. The bearings .and distances used in the above description are on the C811fornia Coordinate System of 192?, Zone 2. Multiply the above di9tances by 0.9999iT83 to obtain ground level distances. This reel property 4escrtptlon has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. A.P.N. 005-040-40 ~.I~St~ M @'~ T S21B ~' 2 Reso. 96-4U E Page 4 of 5 l~l~-'41~1 ~~ Z TEL N0:707 5?5 B©12 G562 PE~~ A:1UtFYlM1\L6106C\12.1911p.1! - 7GN-i6-'% FRI 1~~?0 ID: OBERKf1h1PEP, & R550~ TEL IJ0~707 525 861 G6~2 P~4 Clry of Petaluma County of Sonoma SR-116 4-Son-116-35.9 52185-3 SHAINSKY ~~ ,i E`CHIBIT "~C" G LEGAL DESCRIPTION All that ccrtaia real property situated in the City of Petaluma, County of Sonoma, State of California, being a portion of Parcel 1 as shown on Parcel Map No. 26 which is filed in Book 144 of Itifapa, at Page 34, Sonoma County Records, deacttbed es foliowa: A temporary easement for construction purposes and incidents therzto, upon, aver and across the tz+al proporty described as follows: Commtncinq ai the southwesterly comer of that certain parcel dcscdbod in deed to the City of Petahtma under Dacumem Number 85-003058, Sonoma County Records; thence along the westerly lino of said Parcel l South 36° OS' S9" West, 3.973 feet to the. TRUE POINT OF BEGINNING; thence leaving acid westerly liar North 81 ° 55' 42" East, 69.50 ftxC thence South 8° 04' 18" East, 90.00 ftbct; thence North 80° 28' 37" Went; 72.78 &;et; thence North Z3 ° 34' 13" West, 55:00 feet to said westctiy line of Parcel l; thence along said Westerly lint North 36° OS' S9" East, 20.913 feet to the TRUE POINT OF BEGINNING. Containing 5,981 sgrtarc feet moro or les9s. The beariaga and distances used in the above description are vn the Califontia Coordinate System of 1927, Zone 2. Ivlttltipiy the above distances by 0.99997783 to obtain ground level distances. Thin real property doactiption has butt prepared by mc, or under my direction, in c:onfortttanec with the Professional Land Survcyotia Act. ~:ura",. Iteso. 96-40 E Page 5 of 5 E~~n^ Q.l-r S 2.185.- 3 EX N I ~ I ~(" C ~ ~ Z A.P.N. 003-040-40