HomeMy WebLinkAboutResolutions 85-290 N.C.S. 09/03/1985-,~~. '~ 1 .. . . ~
- ~ 8;50~2~Q''~~ ~~ SEP 31985 .
~ Resolt,~tion I01o. $.5-29c~1. C. So ~ 6
~~o~ ~~"~~~ of tY~e Cit of Petaluma, California
' CITY OF PE'TALUIWA y ~
P. .O. BOX 61
° PETALUPAA. CA °9~&953
RESOLUTIO:N REL~ASING THE R'EAL` PROPERTY
~,~~\ *~iF3
AT 133 PET;ALUMA BOULEVARD NORTH, ~ ~~
PETALUMA, CALTFORNIA
" WHER EAS , Resolution No . 4612 N. C. S. was adopted by ° the City
Council on or about September 6, 1966, imposing a lien against the real
property at 133 Petaluma Boulevard North, Petaluma, California, in the
amount of $6, 036.42; and_,
WHEREAS, said lien was imposed as. a result of the cost incurred by
the City of Petaluma in the demolition of the American Hotel building
formerly located on said premises; and,
WHE REAS, the Court of Appeals of the State of California determined
by way of a final court decision that the action taken by the City of
Fetaluma had been improper as a, result of a failure of the City to provide
the property owner with a due process hearing to determine whether or
not the building should be demolished, (see Leppo vs. CitY of Petaluma
(1971) 20 CA3d 711; and,
WHEREAS, the lien has remained as an eneumbrance against the
property ever since its imposition in 1966; and,
WHEREAS, based upon the foregoing Court decision, the costs of
, demolition ar.e not recoverable by the City of Petaluma and therefore said
lien is inappropriate; ~
NOW, THEREFORE BE IT RESOLVED that the claim of lien for
$6,036.42 by the Citg of Petaluma against the property, which is described
in Exhibit °A" hereto and made a part hereof, and which claim is recorded
in Book 2235 at page 617 of the Official Records of Sonoma County,
(Recorder's Serial Number K-15067) , is hereb.y released; and, ~
~ 'DYECOROED AT WEi1UE~ t~f ~' .~t~.. ..
. ~iT .. ~ ~~.`~..... MIPL F~AST ~~.:l~I. AA.
. ` ~ERI~@CE A:~~PETERSO!'~:
~Of~Oi~AA~J COU~~qTY RECORDE~ ~ .
~ ~ Datt± . . < : .l.! ....~5~ .............
. Reso No. 85-290 N.C.S. ~\ O~ ~
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BE IT FURTHER RESOLVED the City Clerk is hereby directed to
record this resolution ,in the Off'ice of the Sonoma County Recorder,
Santa Rosa, California,
release of lien
CA1
~;
Under the power and.authority conferred upon,this Council by the Charter of said City.
I hereby certify the foregoing Resolution was -introduced, and adopted by the A d as to
Council of the City of Petaluma at a(Regular) ~~q~"y~~'/(~~e~'~ meeting fo
,.. , _
on the _._._.....~.X:C~.._.._. day of .............Se.p~~Al~?~~_,•-•-•,••-•.:...., is.~5., by the
following vote: • •---= • ••-•-•--•••----••-••-••---•-•••--
AYES: Bond/Cavanagh/Davis/Woolsey/Tencer/V.M. Balshaw/Mayq~r ~tattei
l~
NOES: None , • •
None ~ ~'': ;~ ; ~,
ABSENT: / ,' / ,
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~ . ~~~~~ ^ : ~~~ ,- ~~~
AT'i'EST. -•--•••••••--• .................................•-••••-••C~~'.{_.~...._--•-•••--••-• •••-•.....-••-•••-•....._..•.•••••--••••••..._...-•-•--•--••-
.__.
...........................••--.....
Gity Clerk ~ Mayor
. Council File.........._..._ ...................
Form CA 2. 7/81 Res. No ..... ........ . ~ ~7
85-29U...N.C.S. . ~~: ~ /