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HomeMy WebLinkAboutOrdinance 2489 N.C.S. 04/21/20141 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 EFFECTIVE DATE ORDINANCE NO. 2489 N.C.S. OF ORDINANCE May 23, 2014 Introduced by Seconded by Mike Healy Teresa Barrett AN ORDINANCE APPROVING A GRANT OF UTILITY EASEMENT TO SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) FOR THE PURPOSES OF INSTALLATION, OPERATION, ACCESS AND MAINTENANCE PUBLIC UTILITY LINES WITHIN CITY OWNED PROPERTY IDENTIFIED IN DOCUMENT 2008046260 SONOMA COUNTY RECORDS (S.C.R.) IN ACCORDANCE WITH SECTION 46 OF THE PETALUMA CHARTER WHEREAS, the City Engineer and City Attorney have reviewed the easement grant deed and legal description noted as "Exhibit A" and have reported them to be in conformity with applicable City standards and policies, the Subdivision Ordinance and Subdivision Map Act and such reports have been forwarded to and reviewed by this Council; and, WHEREAS, grant of the utility easement described in Exhibit A to SMART for installation, operation and maintenance of a central instrument location system is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301 of the CEQA Guidelines as operation, repair, maintenance, and minor alteration of existing public structures, facilities and mechanical equipment involving negligible expansion of use beyond that now existing on the City property adjacent to Lakeville Street, north of Washington Street, which currently contains the Dairyman's Feed rail spur line. Such installation, operation and maintenance of a central instrument location system affects no existing or foreseeable land uses or infrastructure on the City property or future Madison Street and is part of SMART's preparations for commencement of passenger service on its railway. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. The grant of utility easement attached to and made a part of this ordinance as Exhibit A is hereby approved. Ordinance No. 2489 N.C.S. Page 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2. The City Manager is hereby authorized and directed to sign the utility easement grant deed contained in Exhibit A conveying a utility easement to Sonoma Marin Area Rail Transit District (SMART) for installation, operation, access and maintenance of public utility lines within City property, as further described in Exhibit A. INTRODUCED and ordered posted this 71h day of April, 2014 ADOPTED this 21st day of April, 2014 by the following vote: Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller Noes: None Abstain: None Absent: None ji A�L avid Glass, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, Cit Attorney Ordinance No. 2489 N.C.S. Page 2 Exhibit "A' Legal Description Lving within the City of Petaluma, County of Sonoma. State of Caliliirnia and being it portion of the lands of City of Petaluma as described by that certain document titled "Final Order of Condemnation;' recorded under Document Number 2005-046260. Ofl-icial Records of Sonoma County, said portion being more particularly described as Billows PARCEL ONE — UTILITY EASEMENT Beginning at the intersection of the southwesterly right of way line of Lakeville Street and the southeasterly right of ,vay line of Madison Street. said intersection being marked by a found 'a" iron pipe lagged PLS 7950 ;is shown on the Record of SutTe}' filed in C1aok 728 of Maps, at Page 46, Sonoma County Records, and from which a found 4', - ii -on 'iron pipe lagged PLS 7950 boars South 54°05'26' Last 260.99 fret IN 54°28'43" W 261.04 feet, Record of Survey): thence along said southeasterly right of way line of Madison Street. South 16'03'15" West 25.00 Joel: thence Icavima said southeasterly right of way line pandlel to said soulhwesterly right of %%a% line of Lakeville Street, South 54305.1-6- Gast 20.00 feeC thence parallel with said southeasterly right of wary line of Madison Street, Nath 36'03'15- Last 25.00 feet to said Southwesterly right of way line of, Lakeville S6ret; thence alone said right of way line, North 54'05'26" West 30.00 loci to the Point of Beunjul a. Containing 500 Squm'e Feet. more or 10S. END OF DISCRIP'IION Bio;is of Beatings: Rccord of Survey for the Sonoma -Marin Area Rail Transit District filed for record in Bonk 7-11 of Maps. Pages I through 24. Sonoma County Recads. C'.inyuini & Passarina. Inc. PLS 7935j) li ' No yaa5 _ Dao 13b0 No, Ili nuaon Avenue. Suite 150, Senna Itova CA 95 10 1 "feL 1707) 542-6268 Pas. (707) 542-2106 ,vwtr,c inyuinpuvsnrino.core CPI No. 6167 -fill fn;!c t of I Ordinance No. 2489 N.C.S. Page 3 LINE TABLE LINE 1 BEARING I LENGTH Gn -3 wm LEGEND D.N. DOCUMENT NUMBER P.O.B. PONT OF BEGINNING O.R. OFFICIAL RECORDS 0 FND. 1/2- IRON PIPE STAMPED PLS 7950 O 7Pa \,JAp��, CT" OF PFTAl.tJtdA 2008-04'0'260 UTILITY EASEMENT 14 LAKEVUE STREET (HOPPER ST) GRAPHIC SCALE o 1 1 50 IL OWNER NAME & ADDRESS SONOMA-MARIN AREA RAIL TRANSIT DISTRICT CITY OF PETALUMA AREAS UTILITY EASEMENT 11 ENGLISH STREET CITY OF PETALUMA PETALUMA, CA 94952 UTIUTY EASEMENT; SOO S.F. TO A.P. No. S. M. A. R. T. D. O.R. No. D.N. 2008-046260 Scale: 1"=50' 1 Date: 12/18/13 Ordinance No. 2489 N.C.S. Page 4