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HomeMy WebLinkAboutResolution 5803 N.C.S. 07/12/1971 RESOLUTION NO. 5803 N.C..S-. I " - W �L , RESOLUTION REPEALING RESOLUTION NO. 57134 N.C.S. AND DECLARING PUBLIC NECESSITY , DIRECTING THE ACQUIRING OF EASEMENTS AND FEE TITLE, IN REAL PROPERTY FOR STREET WIDENING PURPOSES., -AND DI- RECTING THE EITY ATTORNEY TO TAKE `SUCH PROCEEDINGS AS ARE NECESSARY: TO ACQUT� THE REAL PROPERTY . INTRODUCED BY COUNCILMAN • • and SECONDED BY COUNCILMAN .' at a ADJOURNED Meeting of the City Council' of the City of Petaluma on the 12th day of July /, 1971. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PETALUMA that it finds and determines .and hereby declares that: (1) The public interest and necessity require the acquisi- tion , construction, and completion by the City of Petaluma of a public improvement; namely , the widening and improving of East, Washington Street , Lakeville Highway, and Caulfield Lane . (2) The public interest and necessity require the acquisi tion, and in connection with said public improvement of the real pro- perty , of interests in' real property hereinafter described. (3) Said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. BE IT FURTHER RESOLVED that the City Attorney be., and he is hereby directed to take such proceedings in the name of the City of Petaluma to acquire the properties and interest. as designated herein- after : To prepare and prosecute , in the name of the City of Petaluma of the State of California, such proceeding or proceedings in eminent domain in the proper court having jurisdiction thereof as are necessary for such .acquisition; -c�r�c- 2 lei • • • • To make application to said court for an order , fixing the amount of such. security in the way of money deposits as said court may direct, and for an order permitting said City of Petaluma to take immediate possession and use of said real property , or interest in real property for street widening purposes. The real property or interest in real property, which the City of Petaluma is by this resolution authorized to acquire , are situate in the City of Petaluma, County of Sonoma, State of California, . and are more particularly described as follows : Parcel I (Nagel - AP No. 5-020-12) Beginning at the most southwest corner of that certain tract of land conveyed from Consuelo M. LeCam to Walter H. Nagel and Irene F Nagel , his wife in Joint Tenancy , by Deed dated January 27 , 1966 in Book 2184 at Page 690 , Sonoma County Re- cords ; thence from said point of beginning along the easterly line of a 40 foot roadway N 34° 54 ' 50" E (called N 340 23 ' E in said deed) , 74 . 26 feet; thence leaving said 40 foot road- way and parallel to the northeasterly line of said parcel S 54° 47 ' 10" 6 . 00 feet; thence on a curve to the left from a tangent which bears S 34° 52 ' 50" W with a radius of 34 . 00 ' feet, through a central angle of 40° 00 ' 00" for an arc dis- tance of 23 , 75 feet.; thence radially N 85° 12 ' 50" E , 4 . 00 feet; thence along a curve to the left from a tangent which bears S 43 47 ' 10" E with a radius of 30 . 00 feet through a central angle of 600 19 ' 02" for an arc distance of 31 . 58 feet to a point on the southeasterly line of said parcel ; thence along said line S 380 14 ' 10" W (called S 86° 37 ' W in said deed) 18 - 09 feet to the northerly line of Lakeville Highway; thence along said northerly line N 86° 07 ' 10" W (Called N 86° 37 ' W in said deed) 51 . 70 feet to the point of beginning , containing 1872 square feet more or less. Parcel Ii (Santa Rosa Cigarette Co. - AP No. 7-154-01) Beginning at the Southwest corner of that certain parcel con- veyed by John M. Murphy and Ethel S . Murphy , his wife , to Santa Rosa Cigarette Service, a corporation , recorded January ' 18 , 1967 in Book 2249 of Official Records at page 734 , Sonoma County Records; thence along the Northeasterly line of Hopper Street S 540 08 ' 35" E 135 ,,- 00 feet to the Southeast corner of said parcel ; thence leaving said right-of-way along the Easterly line of said parcel N 35° 51 ' 25" E 32 . 00 feet ; thence leaving said Easterly line N 54° 08 ' 35" W 105. 00 feet; thence on a curve to the right tangent to the preceding course with a radius of 30 . 00 feet, a central angle of 90° 00 ' , an arc dis- tance of 47 . 12 feet to the Easterly right-of-way of East "D" Street , formerly Adams Street; thence along said right-of- way S 35° 51 ' 25" W 62 . 00 feet to the point of beginning, con- taining 4513 square feet more or less. - 2 - • • Parcel III (Mary Volpi - AP No, 7-132-20) Beginning at the most Westerly corner of that .certain property of Mary Volpi , recorded June 1 , 1956 in Book 488 at Page 1442 Records of Sonoma County , California; thence from said point of beginning along the Southeasterly line of Washington Street N 350 53 ' 30" E 114. 11 feet to the most Northerly corner of said property ; thence leaving said Washington Street along the Northeasterly line of said property S 540' 141 11" E 40 . 16 feet; thence leaving said Northeasterly line Southwesterly on a curve to the right whose center bears N 550 43 ' 33" W with a radius of780 . 00 feet , a central angle of 1° 46 ' 06" , an arc distance of 24 . 07 feet; thence S 35° 53 ' 30" W 60 , 00 feet; thence on a curve to the left tangent to the preceding course with a radius of 30 . 00 feet a central angle of 90° 11 ' 33" , an arc distance of 47 ,. 22 feet to a point on the Northeasterly line of Hopper Street; thence along said Northeasterly line N 54° 13 ' 37" W 70 . 63 feet to the point of beginning, containing 4 , 817 square feet more or less . Parcel IV (Elrose Lounibos - AP No. 7-132-02) Beginning at the most Westerly line of Parcel No, i as said parcel is shown on that certain Record of Survey recorded August 14 , 1968 in Book 126 of Maps at Page 24 , Sonoma County Records ; thence from said point of beginning along the South- easterly line of Washington Street N 35° 53 ' 30" E 85. 08 feet to the most Northerly corner of Parcel No. 2 as shown on said map; thence leaving said Southeasterly line along the North- easterly line of Parcel No. 2 S 54° 14 ' 36" E 33 . 08 feet; thence leaving said Northeasterly line Southerly on a curve to the right whose center bears N 61° 59 ' 58" W with a radius of 780 . 00 feet , an arc distance of 85 , 41 feet to the South- westerly line of Parcel No. 1 ; thence along said Southwesterly line N 54° 14 ' 11" W 40 . 16 feet to the point of beginning, con- taining 3 , 182 square feet more or less . Parcel V (McCartan - AP No. 7-154-02) Beginning at the Southwest corner of that certain parcel conveyed by John Keller , Jr . and June Keller to Mary Jane McCartan, Elizabeth McCartan and Anne McCartan, all single women by deed recorded January 30 , 1961 in Book 1805 of Official Records at page 403 Sonoma County Records ; thence from said point of beginning along the Northeasterly right- of-way of Hopper Street S 540 08 ' 35" E 67 . 00 feet to the Southeast corner of said parcel; thence leaving said right- of-way along the Easterly line of said parcel N 350 51 ' 25" E 32 . 00 feet ; thence leaving said Easterly line N 54° 08 ' 35 " W 67 . 00 feet to a point on the Westerly line of said parcel; thence along said Westerly line S 35° 51 ' 25" W 32 . 00 feet to the point of beginning, containing 2144 square feet more or less , Parcel VI (McCartan - AP No. 5-020-14) Beginning at the most Northeast corner of Lot. 20 of the suburban Homes , A. B. Hill property , per map recorded on March 31 , 1915 in Book 32 of Maps, at page 18 , Sonoma County Records; thence along dividing lots 20 and 21 as - 3 - • • ! shown on said map N 54° 07 ' 10" W 143 . 09 feet; thence leaving said dividing line S 350 52 ' 50" W 760. 92 feet to the center of the sixty (60) foot roadway known as Lakeville Highway ; • thence along the center of said roadway S 860 07 ' 10" E 168 . 73 feet to the intersection of a thirty (30) foot roadway ; thence leaving said Lakeville Highway along the center line of said thirty ( 30) foot roadway N 35° 52 ' 50" E 671. 15 feet to the point of beginning. The total area of this description is 2 . 35 acres more or less , of which 0 . 34 acres is within Lake- ville Highway right of way and the thirty ( 30) foot right of way. This parcel of land is the same parcel described in Book 1793 of Official Records at page 524 , Sonoma County Records . Parcel VII (Bowers - AP No . 5-020-5) Beginning at the most Southwest corner of that certain tract of land conveyed from Ray Gonzalez and Marie Gonzalez , his wife, to May Bowers , by Deed Recorded January 16 , 1958 in Bock 1567 at Page 382 , Sonoma County Records; thence from said point of 130 . 19 feet to the most Easterly line of said tract of land ; thence leaving said Northerly line along the Easterly line of said tract of land N 34° 32 ' E 25 . 95 feet; thence parallel to the Northeasterly line of said parallel; thence on a curve to the right , from a tangent which bears S 34° 23 ' E , with a radius of 30 . 00 feet, a central angle of 59° 00 ' an arc distance of 30, 89 feet; thence parallel to the Lake- n i.e Highway N 86° 37 ' W 103 . 47 feet to the Westerly line or said tract ; thence along said Westerly line S 27° 46 ' W 14 . 27 feet to the point of beginning and containing 1890 square feet more or less . Parcel VIII (Bowers - AP No. 5-020-04 ) Beginning at the most Southwest corner of that certain Tract of Land conveyed from James Calvin Shreve and Eleanor A. Shreve his wife to May Bowers, by Deed and recorded in Book 1567 , Page 379 , Sonoma County Records ; thence from said point of be- ginning along the Northerly line of Lakeville Highway S 86° 37 ' E 128 . 10 feet to the most Easterly line of said Tract of Land ; thence leaving said Northerly line along the Easterly Line of said Tract of Land N 27° 46 ' E 14 . 27 feet; thence leaving said Easterly line parallel to Lakeville Highway N 86° 3 / ' W 134 . 74 feet to the most Westerly line of said Tract or Land; thence along said Westerly line N 000 05 ' E 13 . 02 feet to the point of beginning and containing 1708 square feet more or less. Parcel IX (Buletti - AP No . 7-111-20) Beginning at the most Southwest corner of Lot 3 as shown on that certain map entitled "Plat of the Baker Subdivision #2 , Petaluma , Sonoma County , California, " recorded June 9 , 1924 in Book 46 of Maps at Page 16 , Sonoma County Records ; thence from said point of beginning along the Northerly line of Wilson Street S 860 49 ' E 40 . 00 feet to the Southeasterly corner of Lot 2 ; thence leaving said Northerly line along the Easterly line of Lot 3 N 3° 11 ' E 13 . 00 feet; thence leaving said Easterly line parallel to Wilson Street N 86° 11 ' W 10 . 00 feet; chence Northwesterly on a curve to the right tangent to the - 4 - 1 • • preceding course with a radius of 30 . 00 feet , a central angle of 90° 00 ' 00" and an arc distance of 4L12 feet to the Westerly line of Lot 3 ; thence along said Westerly line S 3° W 43. 00 feet to the point of beginning and containing 713 square feet more or less . Parcel X (Smith-Medo - AP No. 7-111-09) Beginning at the most Southwest corner of Lot 30 as shown on that certain map entitled "Plat of the Baker Subdivision #2 , Petaluma , Sonoma County , California, recorded June 9 , 1924 in Book 46 of Maps at Page 16 , Sonoma County Records ; thence from said point of beginning along the Northerly line of Lakeville Highway S 86° 49 ' E 50 . 00 feet; thence leaving said line along the Easterly line of Lot 30 N 3° 11 ' E 43 . 00 feet; thence leaving said Easterly line Southwesterly on a curve to the right tangent to the preceding course with a radius of 30 . 00 feet, a central angle of 90° 00 ' 00" , an arc distance of 47 , 12 feet; thence parallel to the Southerly line of Lot 30 as shown on said map N 86° 49 ' W 20 , 00 feet to the Westerly line of Lot 30 ; thence along said Westerly line S 3° 11 ' W 13 . 00 feet to the point of beginning and containing 843 square feet more or less . Parcel XI (Basta - APNo, 5-020-09) A strip of land 13. 00 feet in width measured perpendicular to the Southerly line of Lakeville Highway adjacent and along the Northerly line of that certain Tract of Land conveyed from Norma Ellis to George Barta Hide Co. , Inc. , a corporation by Deed dated September 29 , 1969 in Book 2420 , Page 130 , Sonoma County Records , said strip of land to extend for the full width of said Tract of Land, and containing 2600 square feet more or less . Parcel XII (Barta - AP No . 5-020-07) A strip of land 13. 00 feet in width measured perpendicular to the Southerly line of Lakeville Highway adjacent and along the Northerly line of that certain Tract of Land conveyed from Marini Marugo to George Barta and Anna Barta , his wife , as Joint Tenants by Deed dated November 16 , 1955 in Book 1393 Page 375 Sonoma County Records , said strip of land to extend for the full width of said Tract of Land and containing 975 square feet more or less . Parcel XIII (Stack - AP No. 7-171-09) Beginning at the most Northeast corner of that certain Tract of Land conveyed from Joe Piotrkowski and Ida Piotrkowski , his wife to Allen Stack and Kathleen Stack as Joint Tenants by Deed dated January 8 , 1969 in Book 2371 Official Records , Page 788 , Sonoma County Records ; thence from said point of beginning along the Southerly line of Wilson Street N 860 53 ' W 43. 92 feet to the most Westerly line of said Tract of Land; thence leaving said Southerly line along the westerly line of said Tract of Land S 03° 07 ' W 13 . 00 feet ; thence leaving said line parallel to Wilson Street S 86° 53 ' E 44 . 61 feet to the most Easterly line of said Tract of Land; thence along said - 5 - Easierly line N 00° 05 ' E 13 . 02 feet to the point of beginning and containing 575 square feet more or less . Parcel XIV (Stack - AP No. 5-020-06) A strip of land 13. 00 feet in width measured perpendicular to the Southerly line of Lakeville Highway adjacent and along the Northerly line or that certain Tract of Land conveyed r_ :um Joe Piotrkowski and Ida Piotrkowski to Alien Stack and Kathleen Stack as Joint Tenants by Deed dated January 8 , 1969 in Bc.k 2371 , Page 788 , Sonoma County Records , said strip of land c , extend for the full width of said Tract of Land and co.ntaininu 780 square feet more or less . 1, 1i2ei ;;V Worden - AP No. 5-020-08 ) A strip of land 13. 00 feet in width measured perpendicular to the Southerly line of Lakeville Highway adjacent and along the Northerly line of that certain 'Tract of Land conveyed from Consuelo M. LeCarn to Louis Worden by Deed dated September 3 , i968 ir; Book 2349 Page 667 , Sonoma County Records , said strip or land to extend for the full width of said Tract of Land cod containing 650 square feet more or less . FaiceL� V.i Piotrkowski AP No . 7-171-03) `i �L/ Cdr, ems. / it A snip of laud, 13 . 00 feet in width asured perpendicular to `55-3"7 the Southerly lina,of Lakeville _ ghway adjacent and along the Northerly line of that r -rtain Tract of Land conveyed from Morris Weiss and T. We his wife and Gabriel Piotrkowski /� and Patio Piotrkows .� , his- wife to Gabriel Piotrkowski and 6/7( Rachel Piotrkow-. , his wife as Joint Tenants by Deed dated February 16 1966 and recorded in Book 2188 , Official Records Pa ;e 862 Sonoma County Records , said strip of land to extend fur re full width of said Tract of Land and containing 3900 sclJare feet more or less . BE IT FURTHER RESOLVED that this resolution upon its adoption repeals Resolution No. 5784 N . C . S . X k 1F X AA k k * k kn k k I hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of Petaluma on the 12th day of July , 1971 , by the following vote : AYES : Councilmen Brunner , Clecak , Daly , Mattes , Perry -nd Mayor Putnam. NOES : Councilman Cavanagh , Jr . �; 2 L � � %' Mayor None . J� LILLIAN LOMMSEN �— ✓/ Attest : w City Clerk -6-