HomeMy WebLinkAboutStaff Report 3.D 5/19/20142Azt'ar
(i)
DATE: May 19, 2014
FROM:
SUBJECT:
Honorable Mayor and Members of the City Council through City Manager
Dan St. John, F.ASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Capital Improvements Division Manager
Authorizing a Quitclaim of Temporary Construction Easement Deed Recorded
Under Document No. 2003159852 with Lawrence S. Torliatt and Authorizing the
City Manager to Execute All Required Documents
It is recommended that the City Council authorize a Quitclaim of Temporary Construction
Easement Deed recorded under Document No. 2003159852 with Lawrence S. Torliatt and
authorize the City Manager to execute all required documents.
BACKGROUND
In 2003, the City executed a Temporary Construction Easement Deed (TCE), Document No.
200.)159852 with Lawrence S. Torliatt for approximately 033 acres of property located at the
southeast corner of the intersection of Lakeville Street and Madison Street. This easement
allowed the City to deposit fill, spoil, and waste material and to store and remove equipment and
supplies during the construction of City of Petaluma Project No. 9989, "Mainline Railroad
Bridge Replacement". The City intended for the TCE to expire upon completion of the project.
However it was recently brought to the City's attention that the easement is still on the property's
title. The property owner wishes to have the Temporary Construction Easement Deed
terminated.
The proposed item meets Council Goal: "Create and Implement clear direction on development
and sustainability objectives".
DISCUSSION
Use of this property is no longer required by the City of Petaluma and therefore the Temporary
Construction Easement is being quitclaimed to Lawrence S. Torliatt.
Agenda RevieNX: (} � —
City Attorn /Ic /�� Finance Director City Manager 4 ( `� � 1 ��
FINANCIAL IMPACTS
There are no financial impacts to the City regarding the execution of the quitclaim, beyond the
four or five hours of staff time to process this agenda report and quitclaim.
ATTACHMENTS
1. Temporary Construction Easement Deed
3. Quitclaim Deed
Attachment 1
Introduced by Seconded by
ORDINANCE NO. N.C.S.
AUTHORIZING A QUITCLAIM OF TEMPORARY CONSTRUCTION EASEMENT
DEED RECORDED UNDER DOCUMENT NO. 2003159852 WITH LAWRENCE S.
TORLIATT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
REQUIRED DOCUMENTS
WHEREAS, The City of Petaluma ("Grantee"), is the Grantee of approximately 0.33
acres of real property located at the intersection of Lakeville Street and Madison Street in the
City of Petaluma, County of Sonoma, California, as authorized by Lawrence S. Torliatt,
("Grantor") pursuant to Temporary Construction Easement Deed recorded under Document No.
2003159852 required for City of Petaluma Project No. 9989; and,
WHEREAS, Grantee is no longer in need of Temporary Construction Easement Deed,
Document No. 2003159852 due to completion of City of Petaluma Project No. 9989; and,
WHEREAS, Grantee intends to terminate the Temporary Construction Easement Deed,
Document No. 2003159852; and
WHEREAS, Section 46 of the Petaluma City Charter provides in part that actions for the
appropriation or expenditure of any public money, except sums less than $3,000 for the
appropriation, acquisition, sale or lease of real property, shall be taken by ordinance, except in
cases of Council action pursuant to state law;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA as follows:
The City Manager is hereby authorized and directed to execute on behalf of the
City a quitclaim deed substantially in accordance with that attached to and made a
part of this ordinance as Exhibit A and to execute any other related documents as
needed to relinquish to the owner of the underlying fee all of the City's interest (a
temporary construction easement) in property described as APN 007-082-028
located at the intersection of Lakeville and Madison Streets in the City of
Petaluma.
RECORDING REQUESTED BY
Cornerstone Title Company
Attachment 2
AND WHEN RECORDED MAIL DOCUMENT TO:
A.P.N.:007-082-028
THE UNDERSIGNED GRANTOR(S) DECLARE(S):
Above This Line for Recorder's Use Only
File No.: SR -1927 (NA )
QUITCLAIM DEED
DOCUMENTARY TRANSFER TAX IS $ 0.00 Purpose: " ;
_Computed on full value of property conveyed, or
_ Computed on full value less liens and encumbrances remaining at time of sale.
_x_ Exempt & Pursuant to CT 8 R _release of easement_
For valuable consideration, receipt of which is hereby acknowledged,
The City of Petaluma, a Municipal Corporation
hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to
LAWRENCE S. TORLIATT, AS TRUSTEE OF THE LAWRENCE S. TORLIATT REVOCABLE LIVING TRUST
(CREATED BY DECLARATION OF TRUST DATED JUNE 11, 2013)
the following described property in the City of Petaluma, County of Sonoma, State of CA:
"The purpose of this quitclaim deed is to terminate Temporary Construction Easement Deed
recorded under document no. 2003159852 which recorded 08/01/2003 with Official Records.
See Exhibit "A" attached hereto and made part hereof for complete legal description
Dated:
STATE OF CALIFORNIA
COUNTY OF
91
before me,
) SS.
The City of Petaluma, a Municipal Corporation
Authorized signer
Notary Public, personally
appeared
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE
4
Exhibit A
T'HE REAL PROPERTY N TILE CITY OF PET.ALUMA, COUIJTY OF SOIsIOMA.. STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
THE PARCEL offend described in the deed from The McNeal Company to Pacific Gas and Electric Company dated August 7,
1930 and recorded in Book 271 of Official Records at Page 209, Sonoma County Records, mare particularly described as
follows:
BEGINNING at the point of intersection of the Southeasterly boundary line of Madison Street with the Northeasterly boundary
line of Lakeville Street (formerly Hopper Street), and running thence Northeasterly alone the Southeasterly boundary line of
Madison Street 128 feet; thence Southemsterly parallel with the Northeasterly boundary line of Lakeville Street, 115 feet; thence
Southwesterly parallel with the Southeasterly boundary line of Madison Street, 128 feet to a point in the Northeasterly boundary
line of Lakeville Street; thence Northwesterly along the last mentioned boundary line 115 feet to the point of beginning. Being a
portion of Block 30 of Harmer's Survey of East Petaluma.
EXCEPTING to grantor, its successors and assigns, all oil, gas, other hydrocarbon substances, minerals, and naturally created
[lot water and steam in and under said real property and lying below a plane which is 500 feet below the surface of the ground;
provided, however, that any exploration far or removal of any such oil, gas, other hydrocarbon substances, minerals, and
naturally created hot water and steam shall be by means of shin: drilling or tunneling from lands adjacent to said real property or
other methods not requiring operations on the surface of said real property and shall be performed so as not to endanger said
surface or any structure which shall be erected or constructed thereon, as contained in the deed from Pacific Gas and Electric
Company, a California corporation to Lawrence S. Torliatt, at al, recorded May 25, 1978 in Book 3401 of Official Records at
Page 716, Sonoma County Records.
APN: 007-082-028
RECORDING REQUESTED eY
'ANQS HEN MIro OED MAIL TAK Tk4s DEM ATE!@MTAND. UIRESS OMUt=E
ao Comity c��
Crty t
PostORx:e Box St
Petaluma. CA 94953
Tele Ckm No Es N*.
THE LKQERSIGNEO GRANTORts) OECLAREUI
GOVERNFI NT AGENCY
aar6112a3 tt:42 CM
RECIFIDDIC FEE: e.1141
DOCUMENTARY TRANSFER TAXIS -0-
10 CITY OF PETAL M4A
PARCEL MAMEER 007-082-028
0111151-W* ;i
13 mupwed a, BED vsWe ofaderest or pmp rtym aW,a
0 aaopudad on hA vWm bm vakm of 9m a encxnbrairas mna"
at euro of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Lawmnw & Cynthia Tcaiiatt
hereby GRANTS) to THE CITY OF PETALUMA, a Municipal Corporation,
the following described real property in the County of Sonoma, State of California:
FOR DESCRIPTION, SEE EXHIBIT "A' ATTACHED
Lawrence Torliatt
Dated: to —3 —D3 1-6
G�-<,21�/�f
is Todiati
State of Caklo�rtaay
County of ROLP=K ss.
Onbefore me,
personally appeared ,jf % f16g
CWSTA • LA94tdN MAtie miil
NotaryConvtobtron a 1351>�
pubtin—Camernia `
t —
MV Qemra EM'isy� e,
d Personally known to me
Xaroved to me on the basin of satataclory
evidence
to be the pemorrov(whose namejAi is!$id
subic"bed to the anthin instrument and
adumwfadged to me Thal eI ectlie i
the same in if r autho ed
eapacdylr�. and Hat by , G,�'erAl if
signatu on the instnment firer' or
IM enidy upon behalf of which (he p� pe
acted. executed the instrumem.
hard
OPTKML
1�.uyY..'Y r-,,n.LtN bNM 6fLK h'Qt.MtY o4 an Yp> vak** bprmuR rwjvp W fl CWA V1dMfd m,m
b�yduYrd nna-y aN mtdxNroY d No b�* b anOdgr dmmM
Description of Attached DocnRient
Tdie or Type or Document
a, r.
Signerls) Other Than Named Above;
Capacity(ies) Cdaiened by Sigw
Srgner'sName
..—--
indrvduai
. COIiMIate Officer — Titles)
Pamer— Lmlded General
Aitomeyn•Fact
Trustee
'
Guardian or Consarvatm
— Other.
Srgner Is Representrig:
7
a
State of California
County of J 029-e- ? A
OnI rr-17,f10®, _,before me.t'J•-�Drnsb o. /�,
pp
ov ''��v'l leant Data �! •,w.lDx_Nxrr C,---�
personally aeared _ LAwa.4cg�Tjer,
r
HORNeay
ra1MC, �—ss a 3
988
N. a•y Pvc - CaMomi® it
Sancna County
6-Mitar-M isMayto,2Qi}5
Wrsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that hatnnalthey executed
the same in his/herltheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s)
acted, executed ale instrument
WITNESS m ---
r'
0P
Tr u� tnc wrvmurwn Gvbw a rid +rpcvar by taw. it may Prone lahobra ie persona regvop M Ore dwc w
and could Prevent rraudaLar narm,ral and madadrmerx of @vs form to anomer daumar
ascription of Attached Document
Title or Type of Document . .
Document Date _ _ _ _ • _ _
Signer(s) other Than Named Above
Capacity(ies) Claimed by Signer
Signet's Name
individual
Corporate Oakes—TdleI5).
Partner — Limned . Germs
Attorney in Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing' __ - ... _
Number or Pages _----_ _
�'TSTAL>V hyo Wura�•St>0.3r+.. v: au:ST•Jim�T! CAl'ln:C.�wm,[,gYW !•,V W SCT he'L. G-+r�3•iL llFiQl
A temporary construction casancat with the right of immediate entry for all purposes
necessary to catfomu glades and draumge between adjacent pmperuca and the project
carus4suc4on. Such purposes, as necessary, inclodcog the eight to, but not limited 1%
grading borrowing amdlor depositing K spoil and waste material thereon, to move, arose
and remove equipment and supplies, to cera and remove temporary shmCbsta at the land,
removal of existim nu=uant = aopaovemmlk r=ontrtuedorm of ciatiltg MVMVMCM
which may be confotmod, as may be needed, beyond the temporary construction
cas=cfd, and to Perform any other work necessary and incident to the construction of said
Project. Reserving, however to the landowitcM ** heirs and as kra, aH smh righm and
privileges as may be meed without intrxfraiag with or abtedimg flu right and esaerment
hereby aogtored; subject however to any tag easeldowL Said tanporaly easement's
deemed as follows:
&giaaiag at a Point of intersection of the Southeasterly boundary IL" of Aitdisom Street with the Northeasteiy
boundary Hue of 1.akevilk Street tfornwrly Hopper Surat), and running ttteacm Northeasterly along the
Southeasterly boundary line of bfadison Street, 128 feet; thence Southeasterly, parallel with the Naribeasterty
boundary Hee of Lakeville Street, l 19 feet; thence Southwesterly, Parallel with the Southeasterly boundary tine of
Madison Street, 129 feet to a Point in the Northeasterly boundary blue of l.ake:ville Street; thence Northwesterly
along the tart omentioned boundary line, 113 feet to the point of beginning. Sting a portion of Btoek 30 of
Harmon's Survey of East Petaluma.
AFTER RECORDING ItMAILTO:
City Clerk
P.0- Box 61
City of Petaluma, CA 94953
CERTIFICATE OF ACCEPTANCE
Th:s is to certify that the obligations and interest in real property fAPN 007-082-028)
corveyed by the Temporary Construction Easement Deed from Lawrence Torfiatt and
Cynthia Torfiatt, husband and wife as joint tenants. for all purposes necessary to confirm
grades and drainage between adjacent properties and approaches to Railroad
Mainline Bridge on that certain real property situated in the City of Petaluma, State of
Co4fornia as described under document to the City of
Petaluma, a California municipal corporation, is hereby accepted by the undersigned
official on behalf of the Petaluma City Council, pursuant to authority conferred by the
resolution of the City Council adopted on January 18, 1965, and the City of Petaluma
consents to recordation thereof by its duty authorized officer.
Dated: July 23, 2003
SSL a (� -
Michael A. Bierman. City Manager
ACKNOWLEDGEMENT
JCC § 1181 (g)
STATE OF CALIFORNIA )
)u
COUNTY OF SONOMA )
Oei this 23b day of July, 2003, before me. Gayle Petersen, City Clerk. City of Petaluma.
personally appeared Michael A. Bierman, personally known to me to be for proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity
upon behalf of which the person, or the entity upon behalf of which the person acted,
executed the instrument.
Gayle Petersen. City Clerk
City of Petaluma
Seal
10
RECORDING REQUESTED BY
AMC'.v..Eh RECORCED kWL THIS DEED AND, UNLESS OTHERWISE
SHC.•.,N eELOVI AWLTA STATEMENT TO
Qty of Petaluma
Go Ciry Clerk
Past Office Boy 61
Petaluma. CA 94953
Tae Orae, No Esa No.
T 2S<Lr..;Z�i
THE UNDERSIGNED GRANTORtsy DECLARE(s)
GOVERNr ERT AGENCY
66/01/2883 11:42 DEED
RECORDING FEE: 6.66
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX IS -D.
® CITY OF PETALUMA
PARCEL NUMBER 007-082-028
0 computed on fttl value of iole t or property r veyed. w
❑ ne W m
full less value of liens w enwaibrances remaining
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Lawrence & Cynthia Torliatt
hereny GRANT(S) to THE CITY OF PETALUMA, a Municipal Corporation,
the following described real property in the County of Sonoma. Stale of Califomia:
Dated:T/' / )Z0.7
Dated (.. -3—Z-3
FOR DESCRIPTION, SEE EXHIBIT 'A" ATTACHED
Lawrence Toliiatt
Cyn Tortiatt
LAN _Tila►�� � `�417�Y`,l :j
CALIFORNIA ALL-PURPOSE ACKNOWLEDGIAENT
State o' Ca:ilor-ila / yB
Canty of
before
Cre cum aria pe. nc.-s. tlw 1.'auiPrz�
nersorally appeared
w,.,+:lv spinal --"—•
personalty known to me
Cprovetl to me on the basis of satisfactory
evidence
to be the person whose name(/Islas
subscribed to the wdhi instrument and
E sYrtli acknowledged to me 1 l l executed
SSP-lA" 61�1� the same in I /herA it y thome
NciaCanrn— �. c4ftri _ capacity( i and that by slherA hr
Pear Cppry slgnalureon the instrument the pe rs , or
Cmrvm-EM"s the entity upon behalf of which the per n(X
acted, executed the instrument.
ESS my hard nd Wfraal seal
7hcuyn Me nfc . apon tMon s nor 20weE br' las. x may P'a® v>Y>.apb ro DN-rc++s retyarg m me WnmmlaMmu{3pmwlt
.4malenl rel.nva aM rlraaa:hment N Na ronin a elavne• 12vvnent
Description of Attached Ooccutinen6 1
Title or Type of Document 2(,. it {mQ.l�i
Document Date: -) , Q Q--� Number of Pages:
Signer(S) Other Than Named Abov1 f O e: t a A N 11 -T �P I cc urtt-
Capacity(ites) Ctainned by Signer
Slgner's Name: _ ___ —. __
Intlwidual
Corporate Officer — Tdtetsi:_
Partner— _ United _ General
Abaney-inFact
Trustee
Guardian or Consemator
Other:
Signer is Representing:
I- ,1.—I:.., Z—' --a r%,..n.06i. r.-2.� J • ", M,aa- 1'11 r'In:'moalsraar
12
State of California
County of Son Oho A ss.
On < aiA e 17, W3. before me. ? . rN Sb y, VV o fit rip %g(r/K
u>✓ ra+e .re�4N a•.mw -�.+eoz rweern rvwFi
personally appeared L.4 carom c�
C n N^.nNSaY
C:r•9ae
.= y Nc:ary r+:c: c - Caldamia
s.-a-3cauny -
t?t Cc—, Fi; na Hu} t0, 2a0`
' p`ersonally known to me
yproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Were
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hisiherllheir authorized
capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s)
acted• executed the instrument.
WITNESS my nd offict
[Y�.e iw'Y7 $�� itriv � 9Nt1V tl Jn PW'r.
OPTIONAL
Tbough ;he �nrarmahon below is not req -red by law. it may pmve valuable to persons relying m Itre document
and could prevent irautlulerg removal and reattachment at this loan to another document.
Description of Attached Document
Tilie a Type or Document
Documenl Date
Sgneris) Other Than Named Above.
Capacity0es) Claimed by Signer
Signer's Name:
Intlwidual
-I Corporale Officer—Tille(s)
Partner — =Limited =General
Attorney in Fact
Trustee
Guardian or Conservator
Other.
Signer Is Representing:
Number of Pages:
:�-a�:'.-J�wr Y:�a..r.n-:.S�:, Sen rr. P06�.3aT-C\cwn Cta�l•]2.0.'•�v. �i.rYc+n si RxMSfCr r�.s G�atm,�W.O%u11
1�
RR -02
(RCv.TCE L19103)
Exhibit
Grant Of Easement
Mainline Railrnmd Bridee Replacement
Cite of Petaluma Proiect No. 9989
Being a portion of the Lands of Torhan, as described in that certain decd recorded as
Document No. 82-039072. Official Records, Sonoma County Records, more particularly
described as follows:
Grant of Easement
Being a Grant of Easement for Street Improvemenrs, Construction, Re -Construction,
Repair and Maintenance. Said Frsenient is described as follows:
Begrming at the point of intersection of the southeasterly tint of Madison Street with the
northeasterly line of Lakeville Sheet (formerly hopper Strut), said point being the most
wcstcrh, corner of said I.artds of Todiatt, ranting thence along said southeasterly line of
kladison Street North 35° 52' 22" Fast, 15.00 feet to a point on said line; thence leaving
said linc South 09° 17' S 1" East, 21.15 feet to a point on the southwesterly fine of said
lands, said point being on the northeasterly line of Lakeville Street; thence along said
northeasterly line of Lakeville Street North 540 29'(14" West, 15.00 fent to the True Point
of Begvrning.
Containing 112 square feet; more or less.
The Basis of Bearings for this description is that certain Record of Survey Map filed on
November 29, 1979 in Book 298 of Maps at page 1, Sonoma County Records.
The intent of this description is to affect that portion of the lands above described for
the orderly development of the City of Petaluma Projeet No. 9989. The description was
compiled in the offices of F"rezGerald and Associates from record deals, mapping and the
one inch equals twenty feet (1" = 20') scale PIM entitled "Mainline Railroad Track
Relocation" prepared by Winter and Kelly (received January 2002). No gaps nor gores
are intended to be created where record information may be in conflict.
(A portion of A.P..No. 007-082-28)
;? r�F /
totilt i. 0
FITZGERAI
LIC. n. 4419 /John 1, avGerald, P.L.S. 4419 /Due
9} �= license Expire: 9-30-05 Job No. 00-977
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14
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PREPARED IN ted DFRM OF FMGniN_0 a
15
AFTER RECORDING MAIL TO:
City Cierk
P.O. Bax 61
City of Petaluma, CA 94953
CERTIFICATE OF ACCEPTANCE
This is to certify that the obligations and interest in real property (APN 007-082-028)
conveyed by the Easement Deed from Lawrence Tortiatt and Cynthia Torlioti, husband
and wife as joint tenants, for street improvements, construction, reconstruction, repair,
and maintenance on that certain real property situated in the City of Petaluma. Stale
of California as described under document to the City of
Petaluma. a California municipal corporation, is hereby accepted by the undersigned
officiai on behalf of the Petaluma City Council, pursuant to authority conferred by the
resolution of the City Council adopted on January 18, 1965, and the City of Petaluma
co,isents to recordation thereof by its duty authorized officer.
Dated: July 23. 2003
Michael A. Bierman, City Manager
ACKNOWLEDGEMENT
(CC § 1 181 (g)
STATE OF CALIFORNIA )
)ss
COUNTY OF SONOMA )
On this 23- day of July, 2003, before me. Gayle Petersen, City Clerk, City of Petaluma,
personally appeared Michael A. Bierman, personally known to me to be (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the some in his
outhorized capacity and that by his signature on the instrument the person. or the entity
upon behalf of which the person, or the entity upon behalf of which the person acted,
executed the instrument.
Gayle Petersen, City Clerk
City of Petaluma
Seal
16