2005/03/22 City Council Resolution (4)RESOLUTION NO. 2005 -75
RESOLUTION OF THE CITY OF ROHNERT PARK DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF
PROPERTY BY EMINENT DOMAIN AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
(Property Owner: Moretti)
(Sewer Interceptor /Outfall Project #2003 -11)
WHEREAS, it is desirable and necessary for the City of Rohnert Park (the "City ") to acquire
certain real property and real property interests, to wit, a Perpetual Easement as described and
depicted in Exhibit A attached hereto and incorporated herein, and a Temporary Construction
Easement as described and depicted in Exhibit B attached hereto and incorporated herein
(collectively, the "Property "), for the purpose of the Sewer Interceptor /Outfall Project (the
"Project "), which includes the construction, operation and maintenance of a new sewage pipeline
connecting the Rohnert Park Sewage Pump Station to the Laguna Subregional Wastewater
Treatment Plant; and
WHEREAS, the City is vested with the power of eminent domain to acquire the Property by
virtue of Article 1, Section 19 of the California Constitution and the Eminent Domain Law,
including without limitation California Code of Civil Procedure Sections 1240.010, 1240.110,
1240.120, 1240.125, and 1240.350; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure Section
1245.235, notice has been duly given to Albert and Theresa Moretti, a portion of whose property is
to be acquired by eminent domain and whose name and address appear on the last Sonoma County
equalized assessment roll; and
WHEREAS, said property owners have been given a reasonable opportunity to appear and
be heard before the City Council; and
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the
State of California, the City presented an original offer, dated February 1, 2005, to the owners of
record on February 3, 2005, and a revised offer on February 25, 2005; and
WHEREAS, Pacific Gas & Electric Company ( "PG &E ") has an easement in and to a portion
of the Property for a line of poles and wires and incidental purposes according to a recorded
Easement Deed, Sonoma County Recorder's No. 1998- 0050930; and
WHEREAS, the acquisition of the Property and construction of the Project will not
unreasonably interfere with or impair the continuance of PG &E's easement or the use thereof as it
exists or as it may reasonably be expected to exist in the future (see Code of Civ. Proc.,
§ 1240.510);
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows:
The public interest and necessity require the Project.
2. The Project is planned and located in a manner which will be most compatible with
the greatest public good and the least private injury.
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807719v1A 80078/0012
3. The taking of the Property is necessary for the Project;
4. An offer has been made to the owners of record pursuant to Government Code
Section 7267.2;
5. All environmental review required by law has been prepared and adopted. In this
instance, the environmental review includes a Mitigated Negative Declaration for the Project which
was adopted by the City Council on February 8, 2005.
6. The City has complied with all conditions and statutory requirements necessary to
exercise the power of eminent domain (the "right to take ") to acquire the Property, as well as any
other matter regarding the right to acquire the Property by eminent domain.
7. The acquisition of the Property is compatible with PG &E's use of the Property.
Insofar as the Property has heretofore been dedicated by PG &E to a public use, the acquisition and
use of the Property will not unreasonably interfere with or impair the continuance of the public use
by PG &E as it exists or reasonably may be expected to exist in the future pursuant to Code of Civil
Procedure section 1240.510.
8. The City Attorney or the City Attorney's duly authorized designee be, and is hereby,
authorized and directed to institute and conduct to conclusion an action in eminent domain for the
acquisition of the required property and to take such actions that counsel deems advisable or
necessary in connection therewith.
9. The City may deposit with the State Treasury the probable amount of compensation
and obtain an order for prejudgment possession of the Property.
The foregoing Resolution was duly and regularly adopted by the City Council of the City of
Rohnert Park at a meeting thereof, held on the 22nd day of March 2005, by at least a four -fifths
vote, to wit:
AYES: Five (5) Council Members Flores, Smith, Spradlin, Vidak- Martinez and
Mayor Mackenzie
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
11 M"p
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8077190A 80078/0012
EXHIBIT A
All that certain real property situate in the County of Sonoma, State of California, being a portion
of the lands of Albert J. Moretti & Theresa I. Moretti., as described by deed recorded under
document number 1994 - 0014393, Sonoma County Records; being more particularly described as
follows:
PERPETUAL EASEMENT
A strip of land 20 feet wide, the centerline of which is described as follows:
COMMENCING at a found 1/2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded in Book 255 of Maps at Page 34; thence
along the southerly line of said lands, South 89 °01'23" West, 230.30 feet to the TRUE POINT
OF BEGINNING; thence leaving said southerly line, North 79 °53'32" West, 210.86 feet;
thence South 88 °51'28" West 768.05 feet to the westerly line of said lands of Moretti, being a
point on the easterly line of the lands of Sonoma County Water Agency described by deed
recorded April 29, 1975 in Book 2953 of Official Records at Page 301, Sonoma County Records,
from which point the northerly corner of said lands bears North 20 °27'39" West, 301.29 feet.
Containing 19,578 square feet, more or less.
The sidelines of said strip of land shall be shortened or lengthened to terminate at the westerly
line and the southerly line of said lands of Moretti.
Basis Of Bearings: The bearings of this description are based on the California Coordinate
System (NAD '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT
PARK SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROJECT 2003 -11 JANUARY
2005" on file in the office of the City Engineer of the City of Rohnert Park.
/ 3; /GS
Jonathan R. Olin LS 7590
Expires 3/31/06
End of Description
JA04\205632\SURVEY\FINAL EASEMENTS \134- 251- 054.doc
Page I of 1
M
J
N
J
LINE TABLE
LINE
BEARING
LENGTH
L1
N52'56'12 "E*
118.11'*
L2
S00'36'16 "E*
195.49'*
L3
N00'36'16 "W*
147.20'*
L4
I N20'27'39 "W*
1 301.29'
* =PER R2 AND MEASURED
LANDS OF MORETTI
FOUND BRASS DISC PER R2
F1.m- WE
FOUND 3/4" IRON PIPE 134 - 251 -054
SONOMA COUNTY WATER AGENCY 20.00' PERPETUAL EASEMENT
2953 OR 301
10.00' T.P.O.B.
S88'51'28 "W 10.00' N79-53, „
768.05' 210.86, W P.O.C.
7
TO
W
o ,r
0 0
�C'V
I
S89'01'23 -W WILFRED - 230.30"
`�- N89'15'00 "E 591.15 R1
APN S89'01'23 "W 591.19 M
134 - 251 -049
�4 yti 0
255 MAPS 34
APN
134 -251 -056
LEGEND
0 FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER R1
P.O.C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
EASEMENT AREA
AREA
0ONGULTING EN91N■ER• EASEMENT AREA
19,578 SF
Q
R1 =255 MAPS 34
R2 =2953 OR 301
ENU O D OT 99A99
99
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: 1" =200' Date: 1/21 05
�NRJ. AEB N SHEET N0.
HK. RO 134 - 251 -054 1 OF 1
a
Illy
R1 =255 MAPS 34
R2 =2953 OR 301
ENU O D OT 99A99
99
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: 1" =200' Date: 1/21 05
�NRJ. AEB N SHEET N0.
HK. RO 134 - 251 -054 1 OF 1
EXHIBIT B
All that certain real property situate in the County of Sonoma, State of California, being a portion
of the lands of Albert J. Moretti & Theresa I. Moretti., as described by deed recorded under
document number 1994 - 0014393, Sonoma County Records; being more particularly described as
follows:
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at a found 1/2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded in Book 255 of Maps at Page 34, thence
along the southerly line of said lands, South 89 °01'23" West, 178.29 feet to the TRUE POINT
OF BEGINNING; thence leaving said southerly line, North 00'58'37" West, 60.00 feet; thence
South 89 °01'23" West 150.00 feet; thence South 00 °58'37" East, 60.00 feet to said southerly
line; thence along said southerly line, North 89 °01'23" East, 150.00 feet to the TRUE POINT
OF BEGINNING.
Containing 9,000 square feet, more or less.
Basis Of Bearings: The bearings of this description are based on the California Coordinate
System (NAD '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT
PARK SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROJECT 2003 -11 JANUARY
2005" on file in the office of the City Engineer of the City of Rohnert Park.
Temporary Construction Easement shall terminate either on the first anniversary date of the
filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to
construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007,
whichever is earlier.
i �3i /GS
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
JA04\205632\SURVEYTINAL EASEMENTS \134 - 251- 054TEMP.doc
Page 1 of 1
'yid
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o
LANDS OF MORETTI
APN
134 - 251 -054
APN
134- 251 -049
TEMPORARY CONSTRUCTION
EASEMENT
S00'58'37 "E S89'01'23 "W
60.00'
N89'15 "00 "E 591.15 R1
S89'01'23 "W 591.19 M
�Dc
ti
255 MAPS 34
APN
134 -251 -056
LEGEND
0 FOUND
MONUMENT AS NOTED
• FOUND
1/2" IRON PIPE PER R1
P.O.C. =POINT
OF COMMENCEMENT
T.P.O.B.
=TRUE POINT OF BEGINNING
PARCEL LINE
—
CENTER LINE
®
TEMPORARY CONSTRUCTION
EASEMENT AREA
-Arl
O 0 N 6 U t T I N 9 N N 4 1 N! 9 R 6
60.00'
r—T.P
P.O.0
Q
"k t
� a
ti
R1 =255 MAPS 34