HomeMy WebLinkAboutResolutions 89-191 N.C.S. 07/10/1989F~esolutioCl No. 89-191 N.C.s.
of the City of Petaluma, California
RESOLUTION AUTHORIZING CITY MANAGER
TO SIGN A MEMORANDUM OF FEASIBILITY AND COMMENCEMENT
OF TERM OF GROUND LEASE
WHEREAS, Landlord and Tenant are party to Agreement Concerning
Development dated August 16, 1984 and recorded August 20, 1984 and are required at
any time prior to August 15, 1989 to determine whether the development plans for the
Marina Project and the Commercial Project are feasible; and
WHEREAS, at such time as the parties determine the project to be feasible,
said Paragraph 2.5 of the Agreement concerning development requires the parties to
execute a written Memorandum in recordable form to that effect; and
NOW, THEREFORE BE IT RESOLVED, that Landlord and Tenant have
determined that the Marina Project and the Commercial Project are feasible within the
meaning ascribed to said terms in the Agreement Concerning Development and do
.hereby authorize City Manager to sign said Memorandum of Feasibility and
Commencement of Term of Ground Lease
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the 'Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Speeitrl) meeting >-~',,~,
on the .-----~.Q.th.-....... day of .........Ix11.y ........................................... 19..-8.9, by the r
following vote : ~ -
ttty A ~ l,ney
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilligoss
NOES: ~
h"
ABSENT: Mic el Davis
ATTEST: .---•-••-• -- - • . ..... ....... ... ... ...............................•--..-..
City Clerk Mayor
~CI°V~ If ~~~ \rL~E~e~No.File..~89'19.1.. N.CS.
CA ]0-85
nar7F~~~
1. DETERMINATION OF FEASIBTLITY,: Landlord and Tenant
both determine that. the Marina Project and the Commercial Project
are feasible within the•m'eaning of the Agreement Concerning
Development..
2. COMMENCEMENT OF TERM OF GROUND LEASE.: Landlord and
Tenant agree and acknowledge that the term of the Ground Lease
shall commence upon the date of recordation of this Memorandum as
provided for in Paragraph, 2.l of the Ground Lease.
3. INCORPORATION OF DOCUMENTS: The Agreement
Concerning Eievel6pment and t:he Ground Lease are each incorporated
into this~Memorandum by this reference as if set forth in full.
All capitalized terms used, in this Memorandum shall be given the
same meaning a's set forth in the Agreement Concerning Development.
4. INCORPORATION OF RECITALS: All Recitals set forth
above in this Memorandum are `ncorporated"herein and constitute a
part hereof.
5. EFFECT: The Agreement.. Concerning Development and
the Ground :Lease are and hall remain. in full force and effect in
accordance with their respective terms.
IN WITNESS WHEREOF,. Landlord and. Tenant have executed
this Memorandum effective as of the date of recordation hereof.
Tenant: MARINA OFFICE' PARK ASSOCIATES,
a California limited partnership
By: ~~~ ~
Richard Cogm s,
General Partner
By:
'Bo ue.0'Brien,
General Partner
Landlord:
L. Scha
Manager
[All signatures must be notar°zed. .Attach notorial
acknowlegement)
PARTNERSHI6~ ACKNOWLEDGiVIENT
/: ~, ?? '
State~of (,~/ .i~G/f~~~l~-/ Onahis thy` ~ day of ~~'~ 19 1before.me,,
~ ~~iflT/ ss. ~~~'~"fir ~~ ~~~,F~ ~ ~1~i~c~`~%c~ d
County of~~ ~ ~~~ -
_ ~ _ the andersignad'iJoiary public°,"pe~so~ially appeared"~~ - -~ -""~~-~
CITY OF PETALUMA,
corporate and poli
a public body,
~~//~ 'i
u'
.:
1; ` ~
\ ~.C..: .
`I `
-: ~,
~~a ,~~,
~~
,'TUZ,~ ~`~ ;~y~2~' 19E9
--- ~~_~-
personally known to me
^ proved to me on the basis of satisfactory evidence
to be the person(s) who executed thew' #t~umei
partnership, and acknowledged to a that the p tne~;
WITt~ESS~my han~nd o,fficia~e I. /
~~~
~t on behalf of the
hip executed it.
RECORDING REQU'ESTE'D BY:
WHEN RECORDED RETURN TO:
City Clerk
P . .O . Box 6"1
Petaluma, California 94,953
~/ ~ ~J •J
~4~7r~ ~ ~7
4~
~.. ~ t
«- c~q
MEMORANDUM OF FEASIBTIiITY AND
COMMENCEMENT OF 'ERM OF GROUND LEASE
,~
'v
u
t
.~ ? ~
~~ ~ ~~
THTS MEMORANDUM OF FEASIBILITY .AND COMMENCEMENT OF TERM
OF GROUND LEASE (the "Memorandum") is made and entered into as of
this 14T-" day of AvwsT 1.98.9 by and between the City of
Petaluma, a pisb'l is body corporate and politic ( "Landlord" ) and
MARINA OFFICE :PARK ASSOCIATES,- a California Limited Partnership
("Tenant").
R E C I T A L S:
This Memorandum is made with. reference to the following
facts:
A. Landlord and Tenant are party to that certain
Agreement .Concerning Development (herein, so called) dated August
16,.1984 and recorded August. 20, 1984 as Document No...840566,81 in
the Official Records of Sonoma County concerning that certain real
property owned by Landlord located in the City of Petaluma, State
of California, more particularly described in Exhibit "A" attached
hereto (the "Premises").
B. SubsegL~.ent to entering into the Agreement Corc~rn ~.iZg
DEwelcp:ment and~in accordance w,ith~the terms thereof, Landlord and
Tenant have entered into that certain Ground Lease (herein so
called) dated and recorded October '3, 19;85 as Document No. 85-
065899 in the Official Records o.f Sonoma County...
C. The Ground Lease concerns and is an encumbrance upon
the Premises..
D. Pursuant to the terms of Paragraph 2.5 of the
Agreement Cortce~rring Development, Landlord and Tenant are required
at any time prior to August 15, 1989 to determine whether the
development plans ,f.or the "Marina Project" and the "Commercial
Project" are "feasible" as such terms are more particularly
described in the Agreement Concerning .Development. At such time
as the parties determine t°he project to be-feasible., said
Par-agraph 2.5 requires the: parties to execute a written Memorandum
.; . in~recordable= form ta_,,that,_effect. `~:n__.Y~~
-_ - ----- _s.--- _- _~... - - .. _ _ .
E. .Landlord and Tenant have determined that the Marina
Project and the Commercial Project are feasible. w-ithin the meaning
ascribed to said terms in the Agreement'Concernirig Development.
r .~ Tle part',e~ wish to record Li~~ is . N~eniorar~~:.:.~i~. tiE
Official Records of Sonorna Ccunty e~•ide:~cing the mutual
1.1 C:•.l'~CilU,lllGl~l..l Ulf U r:d 5,ii:3~i l.tY' Uy La n(11 ~i:Cl aTla 1'enallL O.L Lne iwia r~lna
Project a'nd the .Commerca l Project .
G. The_partiPS with to gUrC1.E?'C acKnc~w'~edge ~~ne~"~----' -~--- ~ _--"
- -----
-- -co~nencement o'f the term of the Grotinc~ Lease. .
"Accord"ng;ly, th.e parties hereto agree as fo?lows:
~~su}
-1- /
94826-PAT
AP 005-060-24, 27, 28 and 46
236
All that real property situate in the City of Petaluma, County of
Sonoma.,. State of California, described as follows:
FIRST PARCEL
BEING portions o-f the land described in Grant Deed No. 9789,
recorded February 19, 1.953, in Book 1159 of Official Records,
page 305, .Sonoma County Records and Grant Deed No. 17660,
recorded January 27, 1956, in~Book .1410 of Official Records, page
451, Sonoma County Records, and being a portion of the Petaluma
Rancho iri Township 4 North, Range 7 West, and Township 5 North,
Range 7 West, M.D.B. &.M., more particularly described as
follows:
BEGINNING at the easterly terminus of that curve with an arc
length of .785.9 feet; as described in that Deed to Northwestern
Pacific Railroad Company, a corporation, recorded Oc ober 24,
1916, in Book 345 of Deeds, page 266, Sonoma County Records, said
poin lying on the southerly line of the Northwestern Pacific
Railway right of way, said point of beginning being indicated as
Point "C" on that Record of Survey recorded in Book 185 of Maps,
page 15, Sonoma County Records; thence along- said southerly right
of way line, South 76° 59' 1.2" East,-755.10 feet to a point of
intersection with the northwesterly line of that parcel described
in that Quitclaim Deed, recorded May 31, 1968, in Book 2333 of
Official Records, page 81.9, :Sonoma County Records; thence along
said northwesterly line~South 30° 57' 48" West, 657.39 feet;
thence leaving staid northwesterly line, North 41° 04' 00" West,
24.45~feet; thence North 86° 04' 00" West, 2.8.50 feet; thence
South 48° 56' 00'" Went, 91..00 feet; thence North 41° 04' 00"
West, 292..00 feet; t-hence North 45° 5`6' 00" East, 83.50 feet;
thence North 03° 56' 00" East, 3~.OO feet; thence North 41° 04'
00" West, 221.00 feet; thence South,48° 56' 0.0"- Wes t•, 203.43
feet; thence North 41° 04'.00" West, 362.99 feet to a point on
the above men ioried curve with a• radius of 352.20 feet; thence
along said curve in a•northeasterly direction from a tangent
which bears North 31° 36' 40" East through a central angle of 71°
24' 08" for an arc length of 438•.91 feet to the point of
beginning. -
page 1 of 4
~`~~~ 9
94826-PAT 236
SECOND PARCEL
BEING portions of the land described in Grant Deed No. 9789,
recorded F_ ebru,ary 19, 1953,, :n Book 1189•. o:f Official Records,
page 3;05, Sonoma, County .Recor:d and. Grant Deed No. 17660,
recorded Janua'ry.27,.1;956, in Book 14~1.O~of:Offic;al Records, page
45'1, Sonoma County Records, and;be-ng a portion of the Petaluma
Rancho ~in. Towns;hp '4'. N'orth', Range 7 West, 'and' '.Township .5 North,
Range 7 West, M;D.B. &_ M., more part'cular~l,y described as
fol,lows• '~
BEGINNING at the . easterly terminus o,f~ that, curve with an arc
length.. of 755.9 .f`eet',. as described in. tha*' Deed. to Northwe-stern
Pacific Railroad Company, a corporati°.on,.r,ecorded October 24,
1916, in Book 3`45, of Deeds, page 266, ~ S''onoma: County Records, said
point .lying on the .southerly line• o.f the, ~NoYrthwestern Pacific
Railway right of way, said point o:f begnniitg being, .indicated as
Point "C" on that Record o`f Survey recorded in Book 185 of Maps,
page. 15, Sonoma County Reeo`rds;;. thence sout?heasterly on a tangent
to said curve and along the southerly line of the Northwestern
Pacific R~ailwa:yright of •way South 76° 59' 12" East, 7.55.10 feet
to .a point .of int'e~r~seetio'n -with the northwesterly line .of that '
certain parcel'o:f real property in•'the County o:f Sonoma,. State of
California, d'esexibed in the Quitclaim Deed from the County of
Sonoma;:- to the C'i ,y o~f Petaluma, California., a municipal
corporation, da~ted,~ May 28, 1968 and reco,rd~e:d .May 31, 1968, in
Book 2333 of Q'f~fcial Records,, page 819•, •Sonoma County Records,
and the true ,point of beg~nriing of the herein described parcel;
thence leaving said southerly right of way fine, South 14° 34'
00" West, 196'.0'.0 feet; thence South 10° 16' 45" West, 278.00
feet; thence'Squth OS°' 09'- 40" West, 14O.OQ :feet>; thence South
15 ° 42' 15"' ~ West, ~9.3 .-94~ feet; thence South 2:6 ° 12' S3" West,
12.3;.30 feet:; thence North 86° 04' 0-0"West, 77.0:0 feet; thence
North 0'3"' S6' 00" East,, 143.4.3 feet;•thence North 41° 04' 00"
West, 1,21;.55 feet to a po,nt.on the northwe ;terly line mentioned
above; thence along•sad nor=thweste.rly line, North 30° 57' 48"
East, • 6:57,.3:9 :feet° to the point o~ beginnn~g.
THIRD :PARCEL
A PORTION of "the; lands described'~i~ri the.•Deed from the County of
Sonoma, recorded .in Book 2368 of Official;Records, page 532,
Sonoma Coun y Records, and more particularly described as
follows:
~s
~9
page 2 o,f 4
_. !- i; ~~
94'826-PAT
236
BEGINNING 'at, :an i;r:on pipe on the south side of Lakeville Highway
and marking 'the northeast' cornet of .the• lands described in the
aforementioneddeed (;2368 O,R;. ;5320 thence along said south side
of said-Lakeville Hig'h,way,;South 84° 41'' 35" West, 362,.29 feet to
the true. point of beginning; then"ce .'leaving said south. side of
-said Lakeville Highway, ;South 5° 18'' 25" East, 124.44 feet to the
southerly •line of the land's described.,=n said• deed (2368 O.R.
5'32);. thence along said southerly line,, North 77° O1' S1" West,
52.66 feet,;. -thence le~avi.ng sa-id southerly line; North 5 ° 18' 25"
West, 107.93 feet to the aforementioned south line of said
Lakeville .Highway; thence along said south side of said Lakeville
Highway, *:orth 84° 41' 3'S" Fast, .50.00 feet t.o the true point of
beginning.
FOURTH. PARCEL '
AN EASEMENT for s reet.or highway purpos;es~, more particularly
described as..follows: '
A STRIP OF~LAND, 80 feet -wide., tuated in~the Ci y of Petaluma,
County of Sonoma, State. of Calforn;a., lying equally 40 feet on
each side•of the following described Tine: .
COMMENCING at the so,uthea~sterly corner of that certain parcel of
la"nd.described iri D,e:ed dated May 1.6, 198;4,-from Public Storage
Properties X, Lt"a, to~C:ty of Petaluma,, recorded July 3,.1984,
under Document No. 84--045209., Sonoma Country Records, said corner
being in the northerly line of .,land., ~60 feet wide, of
Northwestern Pac;f°ic Railroad Company; thence North 77° O1' S1"
west, along said norther"ly line,-,being parallel with ,and dis"tant
30 feet nor.therly,~mea used at right ang.lea from .the original
loca.te`d centerline =o f• Northwestern ,Pacific Railroad Company's
main trae'k. (forme'rly Donahue Branch, retired) , 26.33 feet to the
true point of, beginning"oaf the line herein to be described;
thence South 5° l8' 25" East, 63.19 feet to the southerly line of
said Company's land,
Tfie side lines of the .he're~in abode des'crb.ed 80 foot wide strip
of land terminate in said northerly and southerly lines.
'FIFTH.. PARCEL'
AN EASEMENT for .street or highway purposes, more particularly
descr bed as follows:
BEING a portion: of the lands o~f Northwestern Pacific Railroad
Company, as'd'escrbed'by Deed .recorded in Book 345..of Deeds, page
266,; Sonoma-.`Co.unty Record's, and being more particularly described
a~s, fol,hows
. ~~
page 3 of 4 - ~G;
~ J ~ 1 j ~ ~ ~
9482.6-PAT X36
BEGINNING a Point "C" as shown on. that 'Record of Survey, filed
in Book 85 of Maps, page 15 in the Office of the Sonoma County
Recor-der; thence along the. southeas~ter'l,y :line of the- said lands
of Northwestexri Pacific Railroad Company, along a-curve to the
left from a tangent which 'bears North. 7'6° 5~9' 12" West through a
central an,g'le of 3° 02'' 36",:having a radu's of 352:2 feet and
length of 18.71 feet; thence: leaving'stad southeasterly line,
North 5° Y0' ~14" West, 0.52 feet; thence South 76° 59' 12" East,
18.8.6 feet to the point o°f beginning.
~ ~S
~~
page 4 of 4