HomeMy WebLinkAboutStaff Report 3.H 06/02/2014a]
DATE: June 2, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, RASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Capital Improvements Division Manager
SUBJECT: Adoption (Second Reading) Authorizing a Quitclaim of Temporary Construction
Easement Deed Recorded Under Document No. 2003159852 with Lawrence 9.
Torliatt and Authorizing the City Manager to Execute All Required Documents
RECOMMENDATION
It is recommended that the City Council approve an ordinance authorizing 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.
This ordinance was introduced unanimously at the May 19`h, 2014 Council meeting.
In 2003, the City executed a Temporary Construction Easement Deed (TCE), Document No.
2003159852 with Lawrence S. Torliatt for approximately 0.33 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 Review:
City Attorney Finance Director City Manager
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. Draft Ordinance
2. Quitclaim Deed
2
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.
NOW, THEREFORE, the grantee does hereby remise, release, and forever quitclaim
unto Lawrence S. Torliatt any and all right, claim, title, or interest arising by virtue of or
pursuant to that certain Temporary Constriction Easement Deed, Document No. 2003159852,
and approved by Lawrence S. Torliatt on June 17, 2003, located in Sonoma County, State of
California