HomeMy WebLinkAboutResolution 96-040B N.C.S. 02/05/1996Z
Resolution No. ss-4o s NC.S.
of the City of Petaluma, California
1
2
3 RESOLUTION OF NECESSITY TO CONDEMN
4 ON APN 005-020-028
5 ONE TEMPORARY CONSTRUCTION EASEMENT
6 FOR PUBLIC HIGHWAY PURPOSES
7 (LAKEVILLE STREET/HIGHWAY [SRll6]).
8 MAKE FINDINGS AND DETERMINATIONS;
9 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR
10 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT
11 U-HAUL
12 1077 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 hearing,
28 this City Council did hear and consider ali of the evidence presented;
29
30 NOW, TIIEREFORE, 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 1. 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 B Page 1 of 3
Res. Na ........... .................. N.QS.
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2 4. The offer required by Section 7267.2 of the Government Code has been made to
3 the property owner on 11/14/95.
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 Two Thousand, Seven Hundred Fifty Dollars ($2,750), said warrant to be made
18 payable to State Treasury Condemnation Fund, and delivered to the City Attorney, to
19 be by him deposited with said payee as security for the Order for Possession Prior to
20 Judgment hereinbefore authorized; and
21
22 BE IT FURTIIER RESOLVED, that the interest in real property therein hereinabove
23 referred to is more particularly designated and described in Exhibit "A" attached.
24
25
26 /sb/9845nec2/agenda/a:7
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28
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certffy the foregoing Resolution was introduced and adopted by the ___Approved as to
CouncIl of the City of Petaluma at a (Regular) Q~Yd§~1tB)!{(9q}LYffitit meeting
on the .5th ................. day of ................k.f~bA'.Uc`1Cy........................, 19.9&..~ by the _. ,
following vote: °---.. _ .--......_......
ity Atto .ney
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ASSENT: Hamilt ~~,,~~ ~~,,~~
ATTEST: . -- ......... ......_. ...._._.....pia.....----------...........
itv Cler
c~~ m.Hs
Council File ...................._....__......
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JRN-18-'96 SUN 06:59 ID:OBERKRMFER & RSSOC TEL N0:707 525 8012 n669 P05 ----_
~ ~ N t'_l2_ O
CITY OF PETALUMA SR-.118
COUNTY OF SONOMA 4-SON-it8/101
52790-1'
WILLHITE
EXHIBIT "A"
LEGAL DESCRIPTION
Ail that certain real property situated in Lhe City of Petaluma, County of
Sonoma, State of California, being a portion of that certain parcel of land
described in Book 3540 of Official Records at Page 744, 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 southwesterly corner of said parcel, said point being on
the northerly line of the Old Lakeville Highway; thence leaving sa7d northerly
line along the westerly line of said parcel North 28'57'43" East, 35.00 feet;
thence leaving said westerly line South 83'02'17" East, 57.D92 feat; thence North
2E'17'4t" East, 70.732 feet; thence Soutn 56'31'33" East, 57.815 feet to the
easterly line of said parcel; thence along said easterly line South 34'47'48"
Hest, 53.005 feet to said northerly line of the Old Lakeville Highway; th9nca
along said northerly line North 88'15'47" Mest, 118.345 feet to the Point of
Beginning.
Containing 4,914 square feet, more or less.
The bearings and distances used in the above description are on the
California Coordinate System of 1921, Zona 2. MuitiDly 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.
EPSE.~ F1JT S 2190-1
A:lu[FYlldn'llAt~cl9t. silo. ~
FCC I-t I ~ 1l~ A.
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