HomeMy WebLinkAboutOrdinance 1635 N.C.S. 09/30/1985SEPTEMBER 30, 1985 ORDINANCE 1635 NCS
Introduced by
Seconded by
Roland Bond Vice Mayor Balshaw
AN ORDINANCE AUTHORIZING THE PURCHASE
OF REAL PROPERTY LOCATED ON THE
EAST SIDE OF THE CITY OF PETALUMA
(A.P. 136-060-33) FOR THE
PETALUMA MUNICIPAL AIRPORT AND
DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA as
follows:
Section 1. The purchase of the real property, known as the "Lands
of Meyling", as described in Exhibits A-1 and A-2, which are attached
hereto and incorporated herein by reference is authorized pursuant to the
terms and conditions of the "Stipulation for Judgment in Eminent Domain",
copy of which is attached hereto as Exhibit B . The property referred to is
owned by Ernest Meyling and a Complaint in Eminent Domain was filed by
the City of Petaluma for the acquisition of said property on or about April
27, 1984, in the Superior Court of the State of California, County of
Sonoma, Action No. 135825.
Section 2. The City Attorney for the City of Petaluma is authorized to
execute the aforesaid "Stipulation for Judgment in Eminent Domain" and the
City Manager is authorized to deposit with the Clerk of the Superior Court
the necessary additional funds as required by said Stipulation for Judgment
in Eminent Domain.
Ord. 1635 NCS 1 of 2
Section 3. This ordinance is hereby declared to be necessary for the
public peace, health and safety due to legal commitments to complete the
acquisition transaction by October 1, 1985, otherwise the agreement may be
voided by the owner, and shall effect and be in force upon its passage by
a unanimous vote of the members of the City Council present at the time of
its adoption.
Section 4. The City Clerk is hereby directed to publish this
ordinance for the period and in the manner required by the City CHarter.
Introduced, ordered published, and adopted this 30th day of September,
1985 by the following vote:
AYES: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor Mattei
NOES: None
ABSENT: Cavanagh
ATTEST:
City Clerk Patricia E. Bernard
Ord. 1635 NCS
2of2
Tj-U7DS OF HLYLIN.G
PARCEL !'C"
Portion of the lands conveyed td Meyl i ng by deed recorded in Bock 3374 of Offi c i a l
Records,- age 985
P Sonoma County Records, in A'T`l otment 251 , Rowe' s Map of Petal uma
Rancho, recorded in .Book 8 of Maps,, Page 15', and more Particularly
follows. y described as
BEGINNING at a set iron pijpe- at the most westerly :corner of said lands; thence
e
Tong the Northwesterly boundary of said lands North 35°25'34 East857.45 feet.
to a:.set iron pipe; thence Sou;th.:54°33' Edst: ZT7948' feetto a set ir
on pipe, on
the Southeasterly, boundary of said Lands;
thence 'alieng said Southeasterly boundary -
South 35°27" 24 West 857.44 feet: to a set i ron pipe .at thei most Southerly corner
of sa:zd.Tands;, thence`a.long the Southwesterly•boundary of said lands North 54° 3
West 21.79. 03 feet to the poi.n,t . of begi nnfng.
A11 set iron pipes are'. 1,/2.' inch diameter, tagged RCE 11226,. and -
were set
during a survey in July,, .1"983. by Burton Engineers,: Petaluma, California.
Containing; an area. of 42.90 acres,. -more or less.
Ex93dBi'd' -� --2
MEYLING
PARCEL, 1.
A portion of, the
lands conveyed to Meyl i n,g by deed recorded i n 'Book, 3374 of
-icial Records, Off `Page 985,, -sqnqTa - Count 'Retords,- in All otment 251 Rowe's
Map of P eta
1 =a Rancho,, recorded in Book -,8 of 'Maps, Page 15, and more
Pafticularly described as f6l'19'
SEGINNING, at a set i_rOn';Pi'04'an the ws 'Nort� -terl y boundary saidlands,
�
I
41stant.1ort1h 35,0!tt34,1" East 857:45, fee tfrom a set- i-
ron pipe at :the most
Westerl,y corner
'a,l or:g the :.boundary of said : f Tands",
of salid., i ands,;- thence d
- - 'feet to, �..aset iron pipe,
:'
35'*_28 '24" East 755.50
:South 54'°'32 140:kl"! East
21791'.89 feet to a sea
1: roln, pi pet and' South' 35"21"�*24".,West . 7552g f to -
I eet
.,.,a set. iron Pipe,;,, thence —North '54'0,331 West), 7 9,. 48.,
feet to the paint of
beginning,
ATI se
t iron pipes ;are T/2 inch diameter, tagged RCE 11226 and were se t-
duriA.g a. survey in July,, 1383 -by Burton Engineers, Peta-I uma California.
Containing an,
area, Of 3:7.8'0, acres,. more or less
EXHIBIT
JOSEPH A. FORES7-9 ESQ*.
'2
City Attorney
City of, Petaluma
3
11 Eqg-lisp. Street
0. Bbx 61
4
-Petalum;k,.,,.. CA 94953
Telephone: [7071 778-4360,
Attorney, for Plaintiff
GITY'.OF PETALUMA
7
SUPERIOR- COURT OF: THE sTATEOF, CALIFORNIA
8
COUNTY OF SONOMA
9
CITY' OF' PETAL -a Charter City No. 135825
and -'municipal corporation,
10,
Plaintiff
Z.
VS. STIPULATION FOR JUDGMENT
1-2
IN EMINENT. 'DOMAIN
ERNEST MEYLING,,j, 'et ali,
It
Defendants'.
Ux
12
16
T IPULATED by. and, between 'the. 'Plaintiff, CITY,
IT IS' HEREBY - S n
17
OF P ETALOMA, through: its City- Aftorney'Joseph A— - Fbrest;
let
DefendantERNEST N18 Y-,,LI,N G',,',. 'through. his. attorney, James. M..
19-
A, through
Whitaker; And' 1)4�feridant COUNTY. OF- SONLOM h its- Chief
20"
-Deputy County, Counsel,- Mark J_ Freed, ,as f&HOWS4
2-1
1. The said 'parties herebv waive trial, findings -of. fact
22
and conclusions of law, notice of entry of judgment; notic&'9f entry-oi
23
final, order of condemnation, -and appeal.,
24
Z. A j•u dgnnent in eminent domain. in the form which is
25
attached liereto as Exhibit "A", incorporated herein and made, a, part, of
26
�s rulat;on may be. forthwith signed, made and entered. in' the-
this stipulation
27
-,above -entitled,. action.
28
I
1
3. - Payment- as °provided by said judgment is full payment'
2
for:
3
(a)
Compensation for''the takiri;,g of the, fee simple interest
"
4
of Defendant MEY.LIN'G in parcels designated in'the
g
•
Complaint in this action,:
`
7
(b)
Interest..due on the award of justcompensation.
8
9
(c)
All costs of suit 'and` litigation expenses :of every
lU
' LW
kind or- nature incurred by-D`efend`ant MEY,LING.".
Z",
'
11.
'
O,
12
d".
4-.. The full amount due:: under- the judgment- shall be _.Seven,
13 .
Hundred.
:Ei'ghty-Five Thousand . ($78.5,,000,.00) Dol-lar.s.Plaintiff shall
X
14
°�°
forthwitfr
'deposit the aizm of $785,;00,O..Q;O;"'Tess the amount of
a -,�
l3.-
-
*,interest
C.
° F
16;
deposit $322,800.-00., .less the accumulated on said deposit to
N
v.a°.a�
LL.
1`7
date -of withdrawal, with- the- Clerk of the, Superior Court:
5. The .Clerk=, of- the ;Superior Court .will be instructed to
20
release„
upon the entry 'of :.judgment;, the amount of $710;.000.O'O . upon
2+1,
gentry of
judgment and final order- of condemnation in, this matter, 'with:'
22
a 'draft' made 'pa ,ab'1'el to, ERNEST' MEYLING and his - attorney,, James 'M':
Y
23
Whitaker.
That:' amount is the total', amount of` compensation of
2'4 '
$785,0'0'0,
less the $Z5,0.00.00 withdrawn from the deposit on May 31,
25
1985:
26
.27
28
EXHIBIT
2
1
2
3
4
5
6.
7
8
9
10
L 11
Z
CC'
p' 12.
d"' 13,
u ° 2,00 175
OC --2, � f0 0 16
U po �'
w 17
S is.
a
LU
0 19
20
21-.
22
23
24'
2S
26
27"
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6. Any Judge of the Superior Court of the County of
Sohoma.•may ;sign, make and enter' Judgment.'
DATED': JAMES P , BIOTZ,. County Counsel
MAR J. 'FR�EED:,F,Chief Deputy
Cou ,;ty Counsel
By
MAR J ED
At'torn "s, o efnt
CO T OF.
DATED: 0 qss
;FO rEST
At rney for PI Linti
CI Y. OF TTAI UM
DATED r iEtJ :��
JA WHIT K
rney for Defendant
ER; EST' MEYL•ING
3