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HomeMy WebLinkAboutResolution 96-040C N.C.S. 02/05/19963 Resolution No. 06-40 C NC.S. of the City of Petaluma, California 1 2 3 RESOLUTION OF NECESSITY TO CONDEMN 4 ON APN 005-020-065 5 ONE FEE TITLE, ONE TEMPORARY CONSTRUCTION EASEMENT 6 AND ONE SLOPE AND DRAINAGE 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 JUDGMENT; DRAW AND DEPOSIT WARRANT 12 COURTESY AUTO 13 1005 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 therein. under the provisions and authority of and for 22 the purposes and uses authorized by Article 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. HPS ~o _96-4,0„C....._ N.as. Page 1 of 5 1 2 3. The property sought to be acquired is necessary for said project. 3 4 4. The offer required by Section 7267.2 of the Government Code has been made to 5 the property owner on 10/2/95. 6 7 AND BE IT FURTHER RESOLVED, that .the City Attorney, or his duly authorized 8 designee, be and he is hereby authorized and directed to commence and maintain a 9 proceeding in eminent domain in the Superior Court of the State of California in and 10 for the County of Sonoma, for the acquisition of the estates and interests aforesaid and 11 take such actions as he may deem advisable or necessary in connection therewith; and 12 13 BE IT FURTHER RESOLVED, that the City Attorney be and he is hereby authorized 14 and directed to make application to said Court for an Order for Possession Prior to 15 Judgment in said proceedings; and 16 17 BE IT FURTHER RESOLVED, that the Finance Director be and he is hereby 18 authorized and directed to draw his warrant on the appropriate account in the amount of 19 Eleven Thousand, Six Hundred Seventy-Five Dollars ($11,675), said warrant to be 20 made payable to State Treasury Condemnation Fund, and delivered to the City 21 Attorney, to be by him deposited with said payee as security for the Order for 22 Possession Prior to Judgment hereinbefore authorized; and 23 24 BE IT FURTHER RESOLVED, that the real property and interests therein 25 hereinabove referred to are more particularly designated and described in Exhibits "A", 26 "B", and "C" attached. 27 28 /sb/9845nec3/agenda/a:7 Under the power and authority conferred upon this Council by the Charter of snid City REFERENCE: Ihereby certify the foregoing Resolution was introduced and adopted by the ,._.._.`pProved as to r` orm\ Council of the City of Petahuna at a (Regular) (ASjb~42idt~~7(R~f3F~{Jt meeting , on the --~.th.....----.... day of ..................FQ11C.U2.Cg..........._....--.., 19---~6-~ by the ~ ' r-' following vote: --~ --~ --.. ... ------------ ' City Att ey AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas Mayor Hilligoss NOES: None ABSENT: milt ATTEST: ......... ._--.. ..._ . .. .............._--- --- ~------.......... rty Clerk CA 10-85 Council File...__......._...._..._.,.... ens mo _.96-40_ C. _. a c_s _ _. INN-18-'SE SUN F]7: U1~ !Ci:06ERKRMPER & RSSOC TEL Ia0: 707 525 oC'~12 p6by P©6 o~ t,l.~,~ 3. CITY OF PETALUMA SR-116 COUNTY OF SONOMA 4-SON-178/101 P50285-1 SLIFER 1=xHIBTT "A" LEGAL DESCRIPTION All that certain real property situated in the City of Petaluma, County of Sonoma, State of California, being a portion of that certain parcel of land described under Recorder's Serial Number 85007745, Sonoma County Records, described as follows: BEGINNING at the Southwesterly corner of said parcel, said point being on the northerly line of the Petaluma-Lakeville Highway; thence along said northerly line south 86"15'47" East, 83.167 feet; thence leaving said northerly line norChwesterly along a curve to the left whose center bears South 18'18'29" Mast, having a radius of 688.50 feet, through a central angle of B'49'S4", an arc length of 82.092 feet to the westerly line of said parcel; thence along said westerly line South 13'70'13" Mest, 13.233 feet to the Point of Beginning. Containing 810 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 0.999977B3 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in confprmance aith the Professional land Surveyors Act. FEE '~' So'Z~s- ~ A:IUAE-LNE<tUAIIStUt./BT1p.N ~~ 1 1 I ,p~I~ Reso. 96-40 C Page 3 of 5 ~ Q A.P.N. 005-020-065 JRN-18-'96 SUN 07:01 ID:OBERKRMPER & R880C CITY OF PETALUMA COUNTY OF SONOMA ExHIBITiIC" /~S I LEGAL DESCRIPTION SR-116 4-SON-118/101 P50265-2 SLIFER All Lhet certain real property situated in the City of Petaluma, County of Sonoma, State of California, being a portion of that certain parcel of land described under Recorder's Serial Number 85007745, Sonoma County Records, described as follows: A temporary easement for construction purposes and incidents thereto, uDOn, over and across the real property described as follows: COMMENCING at the southwesterly Corner of said parcel, said point being on the northerly line of the Petaluma-Lakeville Highway; thence along said northerly line South 86'15'47" East, 83.167 feet to the True Point of Beginning; thence leaving said northerly line northwesterly along a Curve to the left whose center bears South 16'18'29" West, having a radius of 888.50 feet, through a central angle of 6'49'54", an arc length of 82.092 fe4t Lo the westerly line of said parcel; thence along said westerly line North 13'10'13" West, 61.277 feet; thence leaving said westerly line South 76'49'47" East, 53.168 feet; thence South 54'12'31" East, 80.52 feat to the easterly line of said parcel; thence along said easterly line South 36'44'73" West, 38.522 feet to the Southeasterly corner of said parcel; thence leaving said easterly line along said northerly line of the Petaluma-Lakeville Highway North 86'15'47" West, 12.375 feet to tho True Point of Beginning. Containing 5,632 square feet more or less. Tha beartnga and distances used in the above description .are on the California Coordinate System of 1927, Lone 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. 005-020-065 epOFESSfplq tekO ~' UBEfJ¢,~s Fy y ~ ~ m Leon E. 0 erkam r .E. 12094 W No. 12094 ~ m ~//9/(~~ * Exp, 3/31/37 ~ EASE ~J-r P~©265- Z [:1u[[nt~n[s[es[1u.ul~o.ls CX~-1~1~1T ~ Reso. 96-40 C Page 4 of 5 I o~ L TEL N0~707 525 8012 #669 P07 JRN-.18-'96 SUN 11:48 1D:ODERKRMPER t1 RSSUC TEL N0: 767 525 8012 4672 POl CITY OF PETALUHA SR-116 COUNTY OF SONOMA 4-SON-116/101 P50285-3 SLIFER EXHIBIT %K` G ~~ LEGAL DESCRIPTION All that certain real p roperty situated in the City of Petaluma, Cvunty of Sonoma, State of California, being a portion of that certain parcel of land described under Recorder's Serial Number 85007745, Sonoma Ceunty Records, described as follows: An easement for slope bank and storm drainage purposes and Incidents thereto, under, upon, over and across the real property described as follows: CONHENCING at the southwesterly corner of said parcel, said point being on the northerly line of the Petaluma-Lakeville Highway; thence along said northerly line South 86'15'47" East, 83.167 feet to the True Point of Beginning; thence leaving said northerly line northwesterly along a curve to the left whose Center boars South 18'78'29' West, having a radius of 688.50 feet, through a central angle of 2'23'28", an arc length of 28.732 feet; thence North 13'55'01" East, 12.000 feet; thence easterly along a curve to the right whose center beers South 13'55'01" West, having a radius of 700.500 feet and being concentric with the above tlascribed curve having a radius of 688.50 feet, through a central angle of 3'38'34", an arc length of 44.536 feet to the easterly line of said parcel; thence along Bald easterly line South 35'44'13" East, 20.000 feet tO the southeasterly corner of said parcel; thence leaving said easterly line along said northerly line of the Petaluma-Lakeville Highway North 86'16'47" west, 12.375 feet to the Trua Point of Beginning. Containing 491 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, 1n conformance with the Professional Land Surveyors Act. A.P,N. 005-020-08b E. 120 ~ ~ No. 12091 ~ i w ~P• 3/31/97 .w 14 ~:luREnarniKOSCIU.~mlv.u E1~SE~,~JT 'PS~2~5- 3 E X 1-4 i L~CT G Reso. 96-40 C Page 5 of 5 ~ ®F Z