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1968/07/01 City Council ResolutionRESOLUTION NO. 68-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RE ACQUIS1TIOff BY E CONDEMNATION OF REAL.. PROPERTY FOR PUBLIC HIGHWAY PURPOSES (SONOMA STATE EXPRESSWAY INTERCHANGE) WHEREASa THE CITY OF ROHNERT PARK PROPOSES TO CONSTRUCT OR CAUSE TO BE CONSTRUCTED AN INTERCHANGE FOR THE SONOMA STATE EXPRESSWAY TO BE LOCATED APPROXIMATELY MIDWAY BETWEEN GRAVENSTEIN INTERCHANGE AND WILFRED CROSSING IN THE COUNTY OF SONOMA, STATE OF CALIFORNIA, AND WHEREAST THE LOCATION AND CONSTRUCTION OF SUCH IMPROVEMENT IS RN CONFORMITY WITH THE MASTER PLAN OF DEVELOPMENT OF THE CITY OF ROHNERT PARK; NOWI THEREFOREI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK THAT IT FINDS AND DETERMINES AND HEREBY DECLARES:, THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION$ CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVE- MENT� NAMELY:: A CITY STREET AND HIGHWAY INTERCHANGE UPON, OVERs AND ACROSS THOSE CERTAIN LANDS HEREINAFTER IN THIS ['.:SOLUTION DESCRIBED* THAT THE USE OF ALL OF SAID LAND FOR A CITY STREET AND HIGHWAY INTERCHANGE IS A PUBLIC USE AUTHORIZED BY LAWa THAT THE TAKING OF SUCH LAND IS NECESSARY TO SUCH PUBLIC USE AND THAT IT IS NECESSARY THAT ALL OF SAID LAND BE SO TAKEN® THAT THE SAID PROPOSED COUNTY HIGHWAY INTERCHANGE IS PLANNED AND LOCATED IN A MANNER WHICH WILL BE COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY® THAT IT IS NECESSARY THAT TITLE To THE LANDS HEREINAFTER AUTHORIZED TO BE CONDEMNED BE ACQUIRED IN FEE S I M P L E . BE IT FURTHER RESOLVED THAT SAID CATY OF ROHNERT PARK ACQUIRE TITLE IN FEE Sll';PLE TO THE LANDS HEREINAFTER DESCRIBED BY DONATION' PURCHASE OR BY CONDEMNATION IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ICIVIL PROCE- DURE RELATING TO EMINENT DOMAIN. BE IT FURTHER RESOLVED THAT SAID LANDS BE CONDEMNED IN THE NAME OF THE CITY OF ROHNERT PARK AND THE CITY ATTORNEY FOR SAID CITY BE, AND HE IS HEREBY' AUTHORIZEDi EMPOWERED AND DIRECTED TO PREPARE AND PROSECUTE IN THE NAME OF THE CITY OF ROHNERT PARK SUCH SUIT OR SUaTS IN THE PROPER COURT HAVING JURISDICTION THEREOF AS NECESSARY TO CONDEMN, SAID LAND$ INCLUDING BUT NOT LIMITED TO, THE RIGHT TO SUB- STITUTE THE CITY OF ROHNERT PARK FOR AND IN PLACE OF THE COUNTY OF SONOMA IN ANY EXISTING ACTION FOR THE CONDEMNATION OF THE HEREINAFTER DESCRIBED REAL PROPERTY® BE IT FURTHER RESOLVE.D THAT IN SUCH SUIT APPLICA- TION BE MADE TO SAID COURT FOR AN ORDER FIXING THE AMOUNT OR AMOUNTS OF SUCH SECURITY IN THE WAY OF MONEY DEPOSITS AS SAID COURT MAY DIRECT TO BE MADE UPON THE TAKING OF POSSESSION OF SAID LAND BY SAID CITY AND FOR ANY ORDER PER- MITTING SAID CITY TO TAKE IMMEDIATE POSSESSION AND USE OF SAID LAND® BE:' IT FURTHER REISOLVEED THAT THE CITY OF RoHNERT PARK PAY INTO SAID COURT OUT OF THE PROPER FUND THE AMOUNT OR AMOUNTS SO FIXED AND DETERMINED AND IN SUCH MANNER AS SAID COURT IN WHICH THE CONDEMNATION PROCEEDING HEREIN AUTHOR- IZED IS PENDING MAY DIRECT® SHE REAL PROPERTY HEREINABOVE REFERRED TO WHICH THE SAID CITY OF ROHNERT PARK IS BY THIS RESOLUTION AUTHORIZED TO ACQUIRE FOR STREET AND HIGHWAY INTERCHANGE PURPOSES IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 2 3 4 5 6 7 8 9 .0 -2 113 L4 L5 6 7 20 21 22 23 24 25 26 27 28 All that certain real property situate,, lying and being in the County of Sonoma, State of California, and more particularly described as follows: Lying in the Cotati Rancho being a portion of the lands of Redwood Empire Title Company as described in Parcel One, Book 1735, official Records, page 522, and being more particularly described as follows: PARCEL 1: .Beginning at the northwest corner of the above said lands, said point bearing N. 240 41' 2011 E., 233.98 feet from a CHC brass disc monument in a hand hole at or near Engineer's Station C, 320.+ 31.48 P.I. as shown"i on a map entitled "Sonoma State Expressway Right of Way", dated july 1964, and on file in the Sonoma County Surveyors Office. Thence along the westerly boundary of the above said lands S. 0© 361 5211 E., 487.73 feet; thence continuing along said boundary S 0' 06' 02" E., 615.79 feet to a 3/4 inch iron pipe monument, said monument being designated as point 1 and bearing N. 89' 53' 58" E., 1.00-00 feet from Engineer's Station C, 329 + 22.57 as shown on the above said map; thence N. 4- 471 1011 E., 602.37 feet to a 3/4 inch iron pipe monument; thence curving to the left with a radius of 3000 feet,, through an angle.of 6' 33' 29" for a d-1-stance of 343.38 feet to a 3/4 inch iron pipe monument; thence N. 1® 46' 19" W 160.35 feet to apoint in the northerly boundary of the point 2; above said lands, said point being designated as p0 thence S. 89' 53' W., 60.64 feet to the point of beginning. The above parcel I contains 1.061 acres, more or less, none of which are now being used for road purposes. Bearings are based on grid north of the California Coordinate System, Zone 2. Together with all rights of access to the street and highway improvements to be constructed on the above described Parcel I. PARCEL 11. Beginning at Point i as described in Parcel I above. Thence S 850 121 5011 E., 31.26 feet, more or less, to the westerly rly line of the lands of the City of Rohnert Park. as `recorded in,Boole 2180, official Records, page 784; thezice northerly along said westerly line to the westerly bo boundary of the lands of Coral Homes as recorded in Book 1882 official Records, page 59; thence northerly along said boundary to the northerly line of the above said lands of the Redwood Empire Title Company; thence S. 89® 53' W., 39.36 R feet to Point 2, as described in Parcel I above; thence S. 1. 461 19-1 E., 160.35 feet to a 3/4 inch iron pipe monument; thence curving to the right with a radius of 3000 feet, through an angle of V 33' 29", for a distance of 343.38 feet to a 3/4 inch iron pipe monument; thence S. 4® 47' 10" W. 602.37 feet to the point of beginning. 1 2 3 4 5 6 7 8 9 i0 11 12 'A. 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above parcel II contains 0.920 acres, more or less, none of which are now being used for road purposes. All 3/4 inch iron pipe monuments are marked CSSC. Bearings are based on grid north of the California. Coordinate System, Zone 2, PARCEL III- Lying in the Cotati Rancho, being a portion of the lands of Coral homes as recorded in Book 1882, Official Records, page 59, and being more particularly described as follows-. Beginning at the northwest corner of the above said lands; thence easterly along the northerly line of said lands to the westerly boundary of the lands of the City of Rohnert Park as recorded in Book 2180 Official Records, page 784; th4ence southerly along said westerly boundary to the westerly line of the above said lands of Coral -Homes; thence northerly along said westerly line to the point of beginning. The above described parcel contains 0.017 acres, more or less, none of which are now being used for road purposes. JULY� 10 DULY AND REGULARLY ADOPTED THIS lSt DAY OF CITY OF ROHNERT PARK �__% By ?-77— AYES: 5 Councilmen Buchanan, Hopkins, Roberts, Rogers and Smith NOES: 0 ,L\T, 0 n e ABSENT: 13 Hone AT T E S T CLERK