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Home My WebLink AboutResolution 96-040A N.C.S. 02/05/1996Resolution No. 96-40 A NC.S. 1 of the City of Petaluma, California 2 3 RESOLUTION OF NECESSITY TO CONDEMN 4 ON APN 005-020-027 5 TWO TEMPORARY CONSTRUCTION EASEMENTS AND 6 ONE SLOPE AND DRAINAGE EASEMENT 7 FOR PUBLIC HIGHWAY PURPOSES 8 (LAKEVILLE STREET/HIGHWAY [SR116]). 9 MAKE FINDINGS AND DETERMINATIONS; 10 AUTHORIZE EMINENT DOMAIN PROCEEDINGS AND APPLICATION FOR I1 POSSESSION PRIOR TO JUDGMENT; DRAW AND DEPOSIT WARRANT 12 SIERRA LUMBER 13 1003 LAKEVILLE HIGHWAY 14 WHEREAS, the hereinafter described as two temporary construction easements and 15 one slope and drainage easement are required for the widening and improvement of 16 Lakeville Street/Highway (State Highway Route 116) between Caulfield Lane to Frates 17 Road in 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. ha.9.6e.40_.A........ u.cs. Pag2 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 12/2/95. 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, Seven Hundred Dollars ($7,700), said warrant to be made payable to 19 State Treasury Condemnation Fund, and delivered to the City Attorney, to be. by him 20 deposited with said payee as security for the Order for Possession Prior to Judgment 21 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", "B" and 25 "C" attached. 26 27 28 /sb/9845nec1/agenda/a:7 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 ,. ---Approyed.as to Council of the City of Petaluma at a (Regular) 7tk3t16MICSPISt$7($tfCt$7t) .meeting ""'~-f'9 on the ....Sth .............. daY of ......_....Fshcuary.........------------.., 19..9.fi., by the ' following vote: ...... ::. ..... .... .- --------._- Cit Attor y AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: Hamilton ATTEST: ..-----._ ..........................-_--. _.............-... __..........------...-------... City Clerk ~~ Mayor ~ Council File ....... c,. io~sa lees No..9~&-A-0-A--- ~ cs. Page 2 Of 5 JNN-lti-"Jb bUly 0¢:57 IL:OBERKFiNPER & ASSOC TEL N0:707 525 8012 1!669 P02 .._.. Q V.7 ~"C-`;~ O CITY OF PE TALUMA SR-11b COUNTY OF SONOMA 4-SON-118/101 62172-i BVM INVESTMENTS EXHIBIT 'A" lECJ1t DESCRIPTION All that certain real property situated 1n the City of Petaluma, County of Sonoma, State of California. being 9 portion of that certain parcel of land described under Recorder's serial number 90101088, Sonoma County Records, described as follows: An easement for storm drain purposes and incidents thereto, under, upon, over and across the real property described as fo110ws: BEGINNING at the southwesterly corner of said parcel, said point being on the northerly line of the Old Lakeville Nfghway; thence along said northerly line South 86'15'47" East, 99.956 feet; thence leaving said northerly line North 75"30'58" Mest, 90.953 feet Lo the westerly line of said parcel; thence along said westerly line South 35°4a'13" West, 20.00 feet to the Point of eeglnhing. Containing 848 square feet, more or less. The bearings and distances used to the above description are on the California Coordinate System of 1927, Zone 2. Multiply the above distances by 0.99997183 to obtain grouhd level distances. This real property description has been prepared by me, or under mY direction, in conformance with the Professional Land Surveyors Act. i:uuerienustesc~~z~ar~.1 E/~SE M ~~ S2 ~7 2- LX ~ 1 b11~ Reso. 96-40 A Page 3 of 5 I o~ 2 JRN-18-'96 SUN 06:57 Ili:OBERKRMPER & RBBOC TEL N0:707 525 8012 x669 P03 ' CITY OF PETALUMA SR-118 COUNTY OF SONOMA 4-SON-116/101 52172-2 BVM INVESTMENTS EXHIBIT :K ~I LEGAL DESCRIPTION A11 that certain Yeal property situated in the City of Petaluma, County of Sonoma, State of California, being a portion of that Certain parcel of lnnd described under Recorder's serial number 90101068, Sonoma County Recortls, described as follows: A temporary easement for construction purposes end incidents thereto, upon, 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 Old Lakeville Highway; thence leaving said northerly line along the westerly line of said parcel North 35'44'13" East, 20.00 f9et to the True Point of Beginning; thence Continuing along said westerly line North 35'44'13" East, 80.00 feet; thence leaving said westerly line 6outh 80'32'04" East, 34.339 feet; thence South 29°27'56" West, 18.028 feet; thence -South 33'63'21" East, 47.513 feet; thence North 75'30'56" west, 66.294 feet to the True Point of Beginning. Contiining 2713 square feet, more or less. The bearings and distances used in the above descrlptlon 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 tlescription has been prepared by me, or under my direction, in conformance with the Professional Land surveyors Act. A.P.N. 005-o2o-o2T ~n E: 76tTdrkiffnlfer" " R-C~£. 1 .~ No 12054 ~ Exp. 3/31/97 ,o- e ~t~ CIVIt/ E~SEME~IT S21'1Z-2 rt:U~~EVtanllcus~lit. all~.i Reso. 96-40 A Page 4 of 5 ` ~ ~ ~- .J HIV-ltl- 7b tlVIV Gb~Jtl IU~UUCRhHI'IYLK iA Htl~UI. ICL IVV~lG! JCJ tlVlc ~'!!'~ ~~`. , 1 . ~ CITY OF PETALUMA SR-118 COUNTY OF SONOMA 4-SON-118/101 52172-3 BVM INVESTMENTS EXHIBIT "A9' ~ G ~~ LEGAL DESCRIPTION All that certain real property situated in the Ctty of Petaluma, County of Sonoma, State of California, being a portion of that Certain parcel of land described under Recorder's serial number 90101088, 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 southeasterly corner of said parcel, said point being on the northerly 11he of the Old Lakeville Road; thence along said northerly line North 88'15'47" West, 68.204 feet; thence leaving said northerly line North 28'31'78" East, 37.813 feet; thence South 81'04'43" Eest, 81.884 feet t0 She easterly line of said parcel'; thence along said easteriy line South 28'57'43" west, 8.T9a feet to the Point of Beginning. Containing 1442 square feet, more or less. The bearings and distances used in the above description are on the California Coordinate System of 192T,.Zone 2. Multiply the above distances by 0.99997783 to obtain ground ]ever distances. This reel property description has been prepared by me, or under my direction, 1n conformance with the Professional Land. Surveyors Act. A.P.N. 005-020-02T s 'y No. 12094 e4 gyp- 9/31/97'. M _ X EA~sEM ~T 52,1`7'L-3 A:\U[EYlRY71L6U16t~9LIGT\0.5 ~--" ~ ~ ~~ 1 Reso. 96-40 A Page 5 of 5