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HomeMy WebLinkAboutResolution 5836 N.C.S. 07/26/1971 RESOLUTION NO. 5$36 N,CS . RESOLUTION DECLARING PUBLIC NECESSITY , DIRECTING THE ACQUIRING OF EASEMENTS AND FEE TITLE IN REAL PROPERTY FOR STREET WIDENING PURPOSES , AND DIRECT- ING, THE CITY ATTORNEY TO T 'E SUCH PROCEEDINGS AS ARE NECESSARY TO ACQUIR, E REAL PROPERTY . INTRODUCED BY, COUNCILMAN ,io-� : �,'/( /i t_K and SECONDED BY COUNCILMAN LA. ;& at a ADJOURNED Meeting of the City Council of the City of Petaluma on the 26th d'ay of July , 1971 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PETALUMA that it finds and determines and hereby delcares 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 jurisdidtion thereof as are necessary for such acquisition; -to / �, I 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 permittina: '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 (Reynaud - AP No. 7-111-22) Beginning at the most Southwest corner of lint 1 as shown oh that cer- tain 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 Easterly along the Northerly line of Wilson Street S - 86° 49 ' E 40 . 00 feet .to the East boundary of the City of Petaluma;. thence leaving said Northerly line along the East boundary of the City of .Petaluma as shown on said map N 00° 00 ' .E 13. 02 feet, thence leaving said line parallel to Wilson Street N 86° 49 ' W 39.28 feet to the most Westerly line of Lot 1 ; thence along said Westerly line S 3° 11 ' W 13 . 00 feet to the point of beginning and containing 515 square feet more or less.. Parcel II (Monti - AP No. 1-171-10) 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 Joe Piotrkowski and Ida Piotrkowski , his wife, to Guido Monti , by Deed dated May 6 , 1964 and recorded in Book 2042 , Page 676 , Sonoma County Records and con- taining 1040 square feet more or less . Parcel III (N .W.P .R. R, S . B.E . Map 853-49-2D Par 23) Beginning at the most Northeast corner of that certain parcel of land conveyed from the McNear Company to the Northwest Pacific Railroad Company by Deed dated November 29 , 1911 and recorded in Book 280 of Deeds at' page 498 , Sonoma County Records ; thence from said point of . beginning along the Easterly line of said parcel S 3° 38 ' 47 " W 13 . 00 feet; thence leaving said Easterly line N 86° 21 ' 13" W 21. 25 feet; thence on a curve to the left tangent to the preceding course with a radius of 1700.,00 feet, a central angle of l° 58 ' 50" , an arc distance of 58 ' 76 feet to the Westerly line of said parcel ; thence along said Westerly line ,N 3° 38 ' 47" E 14 . 02 - feet to the most North- westerly corner of said parcel , also being on the Southerly right-of way of Lakeville Highway; 'thence along said Southerly right-of-way S 86° 23 '' 13" E 80. 00 feet to the point of beginning, containing 1060 square feet more or less , - 2 - Parcel IV (N;W.-R. R, R. - tiP No. 7-163-10) Beginning at .a point on 'the Northeaste.r.ly line of Jefferson Street , said point lies fifteen ('15) feet perpendicular froth the center line of the existing Railroad track; thence leaving said Northeasterly line Southeasterly, parallel and fifteen (15) feet from. said Railroad track 125 feet; thence leaving said parallel line on a curve to the left with a radius of 1, 51.0 feet to a point on the property line between Lots 3 and 4 of Block '21 , as shown on Harman's Map of East Petaluma, said . point also being on ,the Northeasterly right-of-way line of the Northwestern Pacific Railroad Company.; thence leaving said property line Northwesterly along said right-of-way line 203 feet more or less to a point on the Easterly line of Jefferson Street; thence South- westerly along said Easterly line of Jefferson Street 18 feet to the point of beginning . Being a portion of, Let.s 1 , 2 and 3 of Block. 21 , as shown on Harman ' s Map of. East Petaluma. . Parcel V (Maselli - AP No. 5-060-17 ) Right-of-way acquisition,, 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 Merner Brothers , a Co-Partnership to M. Maselli , as to an undivided 1/3 interest , Paul Maselli as to an undivided 1/3 interest and Jim Maffia as to an un- divided 1/3 interest , by deed as recorded in Book. 1872 page 67 , Sonoma County Records , .said strip of land to extend for the full width of said tract of land and containing 1300 square feet more. or less . Drainage easement. A strip of land thirty (30) feet in width measured perpendicular to the Western property line of that certain tract of land conveyed from Merner Brothers, a Co-Partnership to M. Maselli , as to an in- dividual 1/3 interest, Paul Maselli as to an .individual 1/3 interest and Jim Maffia as to an individual 1/3 interest, by Deed recorded in Book 1872 of Official Records at Page 67 , Sonoma County Records , said strip of land to extend from the Northerly boundary to the Southerly boundary of said parcel of land. Parcel VI (Maselli - AP Nd, 7-111-02) Beginning at the, most :Southwest corner of Lot 39 as shown on that certain map entitled "Plat .of Baker Subdivision #2 , Petaluma ; Sonoma County, California, " tecorded June 9 , 024 in Book 46 of Maps at page 16 , Sonoma County Records ; thence from said point of beginning along . the Southerly line of -said lot S 86° 21 ' 13" E (called S 86° 49 ' E on said map) 50 . 00 feet . to the• Southeast corner of said lot; thence leaving said Southerly line along the Easterly line of said lot N 3° 38 ' 47" E (called N 3° 11' E on said map) 9 . 01 feet; thence leaving said Easterly line Westerly on a curve . to the left whose center bears S 0° 33 ' 19 " W with a radius of 2743 . 00 feet, a central angle of 0° 35 ' 52" , an arc distance of 28. 62 feet; thence S 89° 57 ' 27" W 21 . 48 feet to the Westerly line of said lot; thence along said Westerly line S 3° 38 ' 47" W (called S 3" 11 ° W on said map) .5 . 94 feet to the point of beginning and containing 376 square feet more or less . Parcel VII (Maselli - AP No. 7-111-36) Beginning at the most Southwest corner of Lot 38 as shown on that cer- - 3 - tain map entitled "P,.1at of 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 Southerly line of said lot S 86° ,21 ' 13" E (called S 86° 49 ' E on said map) 40 . 00 feet to the Southeast corner of said lot; thence leaving said Southerly line along the Easterly line of said lot N 3° 38 ' 47" E (called N 3° 11' E on said map) 10 . 88 feet; thence leaving said Easterly line Westerly on a curve to the left whose center bears . S 1" 23 ' 30" W with a radius of 2743. 00 feet, a Central angle of 0° 50 ' 11" , an arc distance of 40 , 04 feet to the Westerly line of said lot; thence along said Westerly line S 3'' 38 ' 47" W (called S 3' 11 ' W on said map) 9. 01 feet to -the point of beginning and containing 400 square feet more or less. Parcel VIII (Maselli AP 'No. 2-111-03) Beginning at the Southwest corner of Lot 37 as shown on that certain map entitled "Plat of 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 Southerly line of said Lot S 86' 21 ' 13" E (called S 86° 49 ' E on said map) 40. 00 feet to the Southeast corner of said lot; thence leaving said Southerly line along the Easterly line of said lot N 3° 38 ' 47" E (called N 3' E on said map) 12,.16 feet ; thence leaving said Easterly line Westerly on a curve to the left whose center bears S 2° 13 ' 40" W with a radius of 2743 . 00 feet , a central angle of 0° 50 ' 09" , an arc distance of 40 . 02 feet to the Westerly line of said lot; thence along said Westerly line S 3° 38 ' 47" W (called S 3° 11 ' W on said map) 10 . 88 feet to the point of beginning and containing 463 square feet more or less . Parcel IX (Maselli - AP No 7-111-04 ) Beginning at the Southwest corner of Lot 36 as shown on that certain map entitled "Plat of 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 Southerly line of said Lot S 86' 21 ' 13" E (called S 86° 49 ' E on said map) 40 . 00 feet to the Southeast corner of said lot; thence leaving said Southerly line along the Easterly line of said lot N 3° 38 ' 47" E (called N 3' 11' E on said map) 12 . 8:6 feet; thence leaving said Easterly line Westerly on a curve to the left whose center bears S 3° 03" 48" W with a radius of. 2743. 00 feet, a central angle of 0° 50 ' 08" , an arc distance of 40 . 01 feet. to the Westerly line of said lot; thence along said 'Westerly line S 3° 38 ' 47" W (called 3° 11 ' W on said map) 12 . 16 feet to the point of beginning and containing 502 square feet more or less. Parcel X (Maselli - AP No 7-111-05) Beginning at the most Southwest cornet of Lot 35 as shown on that cer- tain map entitled "Plat of 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 Southerly line of said lot S 86° 2.1 ' 13" E (called S 86' 49 ' E on said map) 40 . 00 feet to the Southeast corner of said lot; thence leaving said Southerly line along the Easterly line of said lot N 3° 38 ' 47" E (called N 3' 11' E on said map) 13 . 00 feet; thence leaving said Easterly line parallel to the Southerly line of said lot N 86 ° 21' 13" W 12 . 09 feet; thence on a curve to the left tangent to the - 4 - preceding course with aradias of 27434,0 feet„ a central angle .of 0® 34 ' 59" , an arc distance of 27 ; 91 feet to the Westerly line of said lot.; thence 'alonq .sa. d 'WEsterly line S 31 . 38 ' :4i7 " W (Called S 3° 11 ' W on said map) 128& feet to the point of beginning and contain- ing 519 square feet :more or less. Parcel XI (Maselli - AP No. 7-111-06) A strip of land 13. 00 feet in width lying parallel and Northerly of the .Southerly line of Lot 34 as shown on that certain map entitled "Plat of Baker Subdivision #2 , Petaluma, Sonoma. County , California, recorded June 9 , 1924 in Book 46 of Maps at Page 16 , Sonoma County Records and containing 520 square feet more or less . Parcel XII (Maselli - AP No.. 7-111-35) A strip of land 13 . 00 feet in width lying parallel and Northerly of the Southerly line of Lot 33 as shown on that certain map entitled "Plat of Baker Subdivision #2,, Petaluma, Sonoma County , California, " recorded June 9 , 1924 in Book 46 of Maps at Page 16 , Sonoma County Records and containing 520 square feet more or less. Parcel XIII (Maselli - AP No. 7-111-07) A strip of land 13. 00 feet in width lying parallel and Northerly of the Southerly line of Lot :32 as shown on that certa-in map entitled "Plat of Baker Subdivision #2 , Petaluma, Sonoma County , California, " recorded June 9 , 1924, in Book 46 of Maps at Page 16 , Sonoma County Records and containing 520 square feet more or less . Parcel XIV (Maselli 0 AP No. 7-111-08) A strip of land 13, 00 feet in width lying parallel and Northerly of the Southerly line of Lot 31 as shown on that certain map entitled "Plat of Baker Subdivision #2 , Petaluma, Sonoma. County, California, recorded June 9 , 1924 in Book 46 of Maps at Page 16 , Sonoma County Records and containing 65.0 square feet inore. .or less . #Y: ** ** *W ** I hereby certify that the foregoing resolution was duly andrdgularly introduced and adopted by the Council of the, City of Petaluma on the 26thday of , 1971 , by the following vote : AYES : COUNCILMEN BRUNNER, CLECAK, DALY, MATTEI , PERRY, JR. , AND MAYOR PUTNAM. NOES : COUNCILMAN CAVANAGH , JR. / ' Mayor ABSENT : NONE. 7 Attest: ��G:'C:� ,.cr i (y City Clerk. - 5 -