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IT A
ATTACHMENT 2
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EXH
IBIT B
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EXH
IBIT C
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XHIBIT D
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IBIT E
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CITY OF
NAPA
Todd J. Morse
2023 Big Ranch Road
Napa, CA 94558
NOTICE OF INTENTION
TO ADOPT A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN KNOWN AS
ASSESSOR PARCEL NUMBER 038-170-008
City of Napa
(Big Ranch Road Widening)
Re: Notice of Hearing Regarding Adoption of a Resolution to Acquire Property by Eminent Domain [California Code of Civil Procedure Section 1245.235]
1. Notice of Intent of the City of Napa to Adopt a Resolution of Necessity and Hearing. The City Council of the City of Napa ("City Council") intends to hold a continuation hearing to consider whether a Resolution of Necessity should be adopted which, if adopted, will authorize the City of Napa ("City") to acquire the real property described herein by eminent domain for the Big Ranch Road Widening Project ("Project").
Attached hereto as Exhibits "A" and "B" are the legal descriptions and plat maps depicting the property which is required for the Project. You are being sent this notice as your name appears on the last equalized Napa County assessment roll for this property.
DATE OF HEARING:
TIME OF HEARING:
PLACE OF HEARING:
February 6, 2024
3:30 p.m.
City Hall, located at 955 School St.
2. Notice of Your Right to Appear and Be Heard. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity require the Project; b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.cityofnapa.org ATTACHMENT 2
c. Whether the interest in property sought to be acquired by eminent domain is necessary for the Project; and
d. Whether the offer required by Government Code section 7267.2 was made to the owner of record.
The statutes which authorize the City to acquire the property by eminent domain for the Project include, but not limited to, Article 1, Section 19 of the Constitution of the State of California, Sections 37350.5 of the Government Code and 10102 of the Streets and Highway Code, and Section 1230.010 etseq. of the Code of Civil Procedure.
3. Failure to File a Written Request to be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this notice was mailed. You must file your request to be heard at: Office of the City Clerk, 955 School Street, Napa, CA 94559.
Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this notice was mailed. The date of mailing appears at the end of this notice.
California Code of Civil Procedure section 1245.235(b)(3) provides that "[f]ailure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing.
4. You Will Not Waive the Right to Claim Greater Compensation if You Do Not Appear at The Hearing. The amount of the compensation to be paid for the interest, if any, that you may have in the property related to the City's proposed property acquisition is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation as determined by a court of law in accordance with the laws of the State of California. This notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property.
However, if you elect not to appear and be heard, you will be foreclosed from raising in a court of law the issues which are the subject of this notice hearing and which are concerned with the right to take the property by eminent domain.
If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled.
City Hall: 955 School Street, Napa CA 94559 I Mailing Address: P.O. Box 660, Napa CA 94559 I (707) 257-9500 | www.dtyofnapa.org ATTACHMENT 2
CITY OF NAPA
By:
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Tiffany'Carranza, Napa City Clerk
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Dated and mailed on: \[\%I^G2^-
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.cityofnapa.org ATTACHMENT 2
EXHIBIT A
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.cityofnapa.org ATTACHMENT 2
EXHIBIT "A"
That portion of the land described in the deed to Todd J. Morse within the City of Napa, County of Napa, State of California, recorded May 30, 2014 as Document No. 2014-0010672 of Official Records in the office of the Napa County Recorder, more particularly described as follows:
The easterly 20.78 feet of said land, the easterly line of which is coincident with the westerly line of the 60.00 foot right-of-way known as Big Ranch Road.
Total computed area containing 4.704 square feet more or less. 1 LAND^ ^^>7 .<bAW?4- ^^ <<;<?-^ 0/I 7
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City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707)257-9500 | www.dtyofnapa.org ATTACHMENT 2
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NAPA COUNFf OFFICIAL RECORDS
CHYOF NAPA PU8i.ie WORKS DEPARTMENT
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.cityofnapa.org ATTACHMENT 2
EXHIBIT B
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.dtyofnapa.org ATTACHMENT 2
EXHierr 'A'
Legal Description - Temporary Construction Easement
That portion of land described in the deed to Todd J. Morse within the City of Napa, County of Napa, State of California recorded May 30. 2014, as Document No. 2014- 0010672 of Official Records in the Office of the Napa County Recorder, more particularly described as follows:
COMMENCING at a point on the westeriy line of Big Ranch Road at the most southeasterty comer of said lands of Morse;
Thence (1) South 77°36'23" West 20.78 feet along the southerly line of said lands of Morse to the POINT OF BEGINNING of the Temporary Construction Easement described herein:
Thence (2) continuing on said southerly line South 77036'23" West 10.00 feet; Thence (3) North 12''30'13"West 22.50 feet;
Thence (4) South 77°36'23' West 17.50 feet;
Thence(5) North 12a30'13" West 32.00feet;
Thence (6) North 77°36'23" East 17.50 feet;
Thence(7) North 12°30'13"West 171.85feet;
Thence (8) North 77'36'23' West 10.00 feet;
TTience(9) South 12°30'13" East 226.35 feet to the POINT OF BEGINNING.
Total computed area containing 2,823 square feet more or less.
The beahng of South 12°30'13" East between the found monuments on the centertine of Big Ranch Road from GPS observations NAD 1983.
END OF DESCRIPTION
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.dtyofnapa.org ATTACHMENT 2
This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act.
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2023
BIG RANCH ROAD
LANDS OF MORSE
APN 038-170-008
2014-00t 0672 O.R.
BASIS OF BEARINGS
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ABBREVIATIONS & SYMBOLS
APN ASSESSOB PARCEl NUMBER
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EXHIBIT 'B'
PORTION OF LANDS OF TODD J. MORSE
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NAPA COUNTY RECORDS
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DATE:9/14/3023
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City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.dtyofnapa.org ATTACHMENT 2
EXHIBIT 'A*
Legal Description - Utility Temporary Construction Easement That portion of land described in the deed to Todd J Morse within the City of Napa, County of Napa. State of California recorded May 30, 2014, as Document No 2014- 0010672 of Official Records in the Office of the Napa County Recorder, more particularly described as follows:
COMMENCING at a point on the westeriy line of Big Ranch Road at the most southeasterly corner of said lands of Morse;
Thence (1) South 77°36'23" West 30.78 feet;
Thence (2) North 12°30'13" West 173 34 feet parallel to the easterly line of said lands of Morse and the westerly line of Big Ranch Road to the POINT OF BEGINNING of the Utility Temporary Construction Easement described herein;
Thence (3) South 77°36'23" West 24.00 feet;
Thence (4) North 12°30'13" West 10.00 feet;
Thence (5) North 77°36'23" East 24.00 feet;
Thence (6) South 12°30'13" East 10.00 feet to the POINT OF BEGINNING.
Total computed area containing 240 square feet more or less.
The bearing of South 12°30'13" East between the found monuments on the centerline of Big Ranch Road from GPS obsen/ations NAD 1983.
END OF DESCRIPTION
This real property description has been prepared by me or under my direction in conform^o<?e with the Professional Land Surveyors Act.
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City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707)257-9500 | www.dtyofnapa.org ATTACHMENT 2
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EXHIBIT 'B'
PORTION OF LANDS OF TODD J. MORSE
APN038-17(MX)8
2014^010672 O.R.
NAPA COUNTY RECORDS
APPROVED BY:Tw
DATE9/14/2023
SCALE:r'w
OS* WING NO —
City Hall: 955 School Street, Napa CA 94559 | Mailing Address: P.O. Box 660, Napa CA 94559 | (707) 257-9500 | www.dtyofnapa.org ATTACHMENT 2