HomeMy WebLinkAboutResolution 96-040D N.C.S. 02/05/1996~f-
Resolution No. 96-40 D NC.S.
1 of the City of Petaluma, California
2
3 RESOLUTION OF NECESSTTY TO CONDEMN
4 ON APN 005-040-039
5 ONE TEMPORARY CONSTRUCTION EASEMENT
6 AND ONE SLOPE EASEMENT
7 FOR PUBLIC HIGHWAY PURPOSES
8 (LAKEVH,LE STREET/HIGHWAY [SR116]).
9 MAKE FINDINGS AND DETERMINATIONS;
10 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
11 POSSESSION PRIOR TO JIIDGMENT; DRAW AND DEPOSIT WARRANT
12 STERO (HSW HOLDINGS)
13 '3200 LAKEVILLE HIGHWAY
14 WHEREAS, the hereinafter described as one temporary construction easement and one
15 slope easement are required for the widening and improvement of Lakeville
16 Street/Highway (State Highway,Route 116) between Caulfield Lane to Frates Road in
17 the City of Petaluma, Sonoma County, State of California; and
18
19 WHEREAS, the City of Petaluma is vested with the power of eminent domain to
20 acquire real property and rights therein under the provisions and authority of and for
21 the purposes and uses authorized by Article I, Section 19 of the Constitution of the
22 State of California, Sections 37350.5 and 40404 of the Government Code and Sections
23 1240.10, 1240.110, 1240.120, 1240.150 and 1240.410 of the Code of Civil Procedure,
24 and Section 4090, 10101, 10102 and 10103 of the Streets and Highways Code; and
25
26 WHEREAS, the City Council of the City of Petaluma does and it hereby finds and
27 determines that notice of its intention to adopt this resolution of necessity was duly
28 given as required by law, and on the date and at the time and place Fixed for hearing,
29 this City Council did hear and consider all of the evidence presented;
30
31 NOW, THEREFORE, BE IT RESOLVED, by at least atwo-thirds (2/3) vote of this
32 City Council, pursuant to Sections 1240.030 and 1245.230 of the Code of Civil
33 Procedure, that this Council does and it hereby finds and determines each of the
34 following:
35
36 1. The public interest and necessity require the proposed project.
37
38 2. The proposed project is planned or located in the manner that will be most
39 compatible with the greatest public good and the least private injury.
40
aes.;uo.....,9..6.-.4Q_.D...r,cs. Page 1 of 4
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 11/29!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
I1
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 Fourteen Thousand, Seven Hundred Fifty Dollars ($14,750), said warrant to be made
19 payable to State Treasury Condemnation Fund, and delivered to the City Attorney, to
20 be by him deposited with said payee as security for the Order for Possession Prior to
21 Judgment hereinbefore authorized; and
22
23 BE IT FURTHER RESOLVED, that the interests in real property therein hereinabove
24 referred to are more particularly designated and described in Exhibits "A" and "B"
25 attached..
26
27
28 /sb/9845nec4/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) kAcd~aRRttdkiG~exiQitl meeting_ ~~'~ fo~
on the ...5.th ............... day of .........Eellru<•u:y................-......._...., 19.9&... by the _
following vote: ~' - -'
Ci y'Atto cy
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ASSENT: Hamilton
ATTEST : .........:............. ... .. `c...----..._.....
City Clerk
ca io-na
Council File
ie~, N„96-40_D.___ uca
Page 2 of 4
JGN-18-'9E SLIN p7:05 ID: OBERI:i1MPER w u880C TEL N0:707 525 8012 4670 P01
CITY OF PETALUMa SR-718
COUNTY OF SONOMA 4-SON-116-36.3
52187-1
THE STERO COMPANY
EXHIBIT "A"
LEGAL DESCRIPTIIXI
All that certain real property situated in the City of Petaluma, County of
Sonoma, State of California, being a portion of that certetn parcel of land
described under Document Number 85-027579, Sonoma County Recortls, described as
follows:
An 8-foot wide easement for slope bank Durposes and incitlentS thereto,
upon, over and across Ltie real property described as follows:
BEGINNING at the northeasterly corner of said parcel also being the
southeasterly corner of that certain parcel conveyed to the City of Petaluma by
grant deed recorded as Document Number 8a-31396, Sonoma County Records: thence
along the northerly line of said parcel (85-021579) and the southerly line of
said City of Petaluma parcel the following courses end distances: South
8D'44'03" Wasi, 145.58 feet; and thence South 84'38'54" west, 319,35 feet; thence
leaving sold northerly line and said City of Petaluma parcel, South 4'21'58"
East, 8.00 feet;thence parallel with and distant southerly 8.00 feet, measured
at right angles from said northerly line (85-021579) North Ba'38'54' East, 319.14
feet: thence parallel with and distant southerly 8.00 feet, measured at right
angles from said northerly line (85-021579) North 89'44'03" East, 153.49 feet to.
the easterly boundary of said parcel (85-021579); thence northwesterly along a
non-tangent curve to the left whose center bears South 50'19'19" west, having a
radius of 50.00 feat through a Central angle of 73'13'58", an arc length of 17.56
feet to the Point of Beginning.
Conteintng 3,753 square feet, mpr0 Or lass.
The bearings and distances used in the above descrlDtlon are on the
Califorhia Coordinate System of 1927, Zone 2. Multiply the above distances by
0.99997783 to obtain ground level distances.
This reel Droperty description has been prepared by ma. or under my
direction, in conformance with the Professional land Surveyors Act.
A:IIAAEPlAPillslDStlf2. AAUP. N
E ~s EM t~1T S 21 8"1-1
A: UAAEPEAin'ILilOitUl.IA11P~1!
Reso. 96-40 D
EX~-4l~I~T /~
Page 3 of 4 ~ O ¢ ~-
A.P.N. 005-040-039
JAN-16-' % FRI 12 21 ID: OBERKRMPER ~ ASSOC
CITY OF PETALUMA
COUNTY OF SONOMA
EXII173IT ".A"r ` ` ~ `~
LEGAL DESCRIPTION
SR-116
4-SON-116-36.3
52187-2
TI3E STERO COMPANY
All that certain real property situated m the Ciry of Petaluma, County of Sonoma,
State of California, being a portion of that certain parcel of lam descn'bed under
Docturtem Number 85-021579, Sonoma County Records, descnbed as follows:
a temporary easerrtent for construction purposes and incidents thereto, upon, over
and across the teal property descn'bed as foliows:
BEGINNINCr at the mrthwesterly corner of said parcel also being the
southwesterly wrner of that certain parcel conveyed to the City of Petaluma by grant
deed recorded as Document Number 84-31396, Sotwma Courtly Records; thence along
the northerly lice of said parcel (85-021579) and the southerly lime of said City of
Petaluma parcel the following courses and dlttartces: North 83°56' 14"East, -70.00 Thet;
thence leaving said northerly line end said Ciry of Petaluma parcel, South 6°03'46" East,
25.00 feet; thence South 83°56' 14" west, 92.50 feet to the westerly line of said parcel
(85-021579); thence along said westerly lute North 35°55' 14" East,. 33.63 feet to the
Point ofl3egiadng.
Coraaitting 2,031 square feet, more or less.
The bearings and distances used in the above description are. on the California
Coord'mate System of 1927, Zone 2. Muhipty the above distances by 0.99997783 to
obtain ground level distances.
This real property description has been prepared by tm, or under tay direction, in
conformance with the Pmfessional Lend Surveyors Act.
~_l~SEM ~~ S 21 S"~- Z
EX 1-~ I b IT ~
Reso. 96-40 D Page 4 of 4
~ O ~-` ~
TEL N0~707 525 8012 4662 POS
A.P.N.005-040-039