HomeMy WebLinkAboutStaff Report 5.C 06/02/2014S
DATE: June 2, 2014
Agenda Item #S.0
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director. Public Works and Utilities YL4Il
Curt Bates, P.E. — City Engineer
SUBJECT: Introduction of Ordinance Authorizing the City Manager to Purchase and Accept
Permanent and Temporary Construction Easements from Sonoma Marin Area
Rail Transit (SMART) for the Purposes of Construction, Re -Construction,
Operation, Repair and Maintenance of a Sheet Pile Wall Extension, Flood Control
Improvements and Related Improvements for the Petaluma River Flood Control
Project.
RECOMMENDATION
It is recommended that the City Council introduce an ordinance authorizing the City Manager to
Purchase and accept permanent and temporary construction easements lirom Sonoma Marin Area
Rail Transit (SMART) for the purposes of construction, re -construction, operation, repair and
maintenance of a sheet pile wall extension, flood control improvements and related
improvements for the Petaluma River flood control project.
BACKGROUND
The City of Petaluma and United States Army Corps of Engineers (USACOE) have completed
the majority of the Petaluma River Flood Control project in the Payran Street neighborhood.
There are three sections of construction work that need to be completed prior to the USACOE
certifying the project as filly complete. Sections of remaining work include the sheet pile
channel wall upstream of the SMART railroad bridge, sheetpile cap repair, minor slide
(northwest bank) repair upstream of the railroad bridge, and repair of the San Carlos outfall.
The minor slide repair and the San Carlos outfall repair are needed to correct damage done in the
2005 flood event. The sheetpile cap repair will address the loosening of the cap on the existing
sheetpile wall sections; they are to reduce incidences of trespass on the sheetpile wall and not
part of the designed flood protection.
The focus of this action is the sheet pile channel wall work upstream of the Lakeville Street
Railroad Bridge. Compliance with the California Environmental Quality Act ("CEQA") for the
Agenda Review:
City Attorney Finance Director
City klanagCl=�� I
Petaluma River Flood Control Project was accomplished pursuant to a Final Environmental
Impact Report certified on September 5, 1995 by adoption of Resolution No. 95-242 N.C.S.
Accordingly, environmental review of the sheet pile channel wall work for which easements are
to be acquired pursuant to this action has already been completed.
The proposed item meets Council Goal: "Maintain a safe Petahuna".
DISCUSSION
Construction of sheet pile walls and tie back systems are required on the southeast bank of the
Petaluma River as part of the flood control project, adjacent to and upstream of the Lakeville
Street railroad bridge. At the time of original construction, the railroad bridge had not yet been
replaced so tie in of the sheetpile walls to the new bridge is now needed. Permanent and
temporary construction easements are required on both sides of the river in order to build,
operate and maintain the sheet pile walls and bank stabilization improvements.
In May 2011, City staff hired commercial real estate appraiser Fred L. Hardcastle (California
State Certification No. AG05288), to assess the valuation of the easements. The total valuation
for the two temporary construction easements and two permanent easements was determined to
be $19,600. hi August of 2011, representatives from SMART contracted with Tattersall and
Company to prepare a separate appraisal of the easements, the value of which was determined to
be $30,016. Alter negotiations, the City and SMART agreed on a total valuation of $25,000 for
all four easements.
FINANCIAL IMPACTS
The total valuation of the easements was agreed to be $25,000 as indicated herein. Funding for
the easements is through the Petaluma River Flood Control Project Payran Reach United States
Army Corps of Engineers —City Project Number 016301307. The City is required to provide
the requisite land and has sufficient funding from the Storm Water Impact Fee fund to purchase
the easement.
ATTACHMENTS
1. Ordinance
2. Legal Description, Plats and Easement Grant Deeds
3. Vicinity Map
2
Attachment I
ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE AND ACCEPT
PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM THE
SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) FOR THE PURPOSES
OF CONSTRUCTION, RE -CONSTRUCTION, OPERATION, REPAIR AND
MAINTENANCE OF A SHEET PILE WALL EXTENSION, FLOOD CONTROL
IMPROVEMENTS AND RELATED IMPROVEMENTS FOR THE PETALUMA RIVER
FLOOD CONTROL PROJECT.
WHEREAS, the City of Petaluma and United States Army Corps of Engineers desires to
complete the remaining components of work on the Petaluma River Flood Control Project,
including the sheet pile wall extension upstream of the Lakeville Street Bridge ("Sheet Pile Wall
Project'); and
WHEREAS, to construct the Sheet Pile Wall Project, it is necessary for the City of
Petaluma to acquire and purchase permanent and temporary construction easements on property
owned in fee title by the Sonoma Marin Area Rail Transit District (SMART), said property
identified as Assessor Parcel Number 006-051-073, and the easement grant deed, legal
descriptions and plats as shown in Exhibit A to this ordinance; and
WHEREAS, by Resolution 95-242 N.C.S. adopted on September 5, 1995 the Petaluma
City Council certified an Environmental Impact Report for the Petaluma River Flood Control
Project, including the Sheet Pile Wall Project, in accordance with the requirements of the
California Environmental Quality Act ("CEQA"); and
WHEREAS, Section 46 of the Petaluma City Charter requires that actions providing for
specific improvements or the appropriation or expenditure of any public money totaling
$3,000.00 or more for the appropriation, acquisition, sale or lease of real property, must be taken
by ordinance;
3
NOW, THEREFORE, 13E IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
The City Council hereby approves the acquisition and purchase of permanent and
temporary construction easements on property owned in fee title by the Sonoma
Marin Area Rail Transit District (SMART), said property identified as Assessor
Parcel Number 006-051-073, and the easement grant deed, legal descriptions and
plats as shown in Exhibit A which is attached to and made a part of this ordinance.
2. The City Manager is hereby authorized and directed to purchase, accept and record in
the Sonoma County Recorder's Office said easements on behalf of the Petaluma City
Council.
Attachment 2
EXHIBIT A
GRANT OF EASEMENT ANT) TEMPORARY CONSTRUCTION EASEMENT
For Petaluma River Flood Control Project,
Sheet Pile Wall Extension
Mugu portion of the Lands of S.M.A.R.T. (formerly Northwestern Pacific Railroad Co.
Grant No. 48 as shown on "N.W.P.R.R. Petaluma Park Siding" Map V2/'S-4c), as
described in that certain deed recorded in Book 31 of Deeds. at Pa, -,e 209. Official Records.
Sonoma County Records, described as follows:
Grant of Easement
Being a gram of easement for Sheet Pile Wall Extension, instillation of Flood Channel
Improvements. Construction, Re -Construction, Operation, Repair F_ Maintenance. Said
casement is described as follows:
Commencing at a point on the southwesterly line of the Lands of Brady, said southwesterly
line being the common line with the northeasterly line of the above mentioned Lands of
S.M.A.R.T. as shown on that certain Record of Survey map filed in Book 434 of Maps at
Page 30, Sonoma County Records: said point is marked by a %, inch pipe as shown upon
said map; thence along said common line North 42°42'10" West, 150.00 feet to a'/ inch
pipe shown as being set upon said Record of Survey map; thence continuing along said
common line North 42°42'10" West, 37.8 feet to die most westerly comer of said Lands of
Brodv; thence leaving said comer in a northwesterly direction and along the northeasterly
line of the Lands of S.M.A.R.T. (crossing the Petaluma River) North 42042'10" West, 86
feet to the True Point of Beginning (Point "A") of the land herein described; thence South
47°17'50" West, 50.0 feet more or less to the northeasterly face of an existing concrete
Railroad Bridge; thence along said northeasterly face of said Railroad Bridge, North
42042'10" West, 18.0 feet more or less to the westerly end of said Bridge; thence along the
northwesterly end of said Railroad Bridge, South 47017'50" West, 3.0 feet; thence running
in a northerly direction, 9.0 feet perpendicular final and parallel with the centerline of the
existing railroad tracks, North 4204210" West, 20.0 feet; thence in a northeasterly
direction, North 14037'00" East, 629 feet more or less to the northeasterly line ofthe above
mentioned Lands of S.M.A.R.T.; thence along said line South 42°42'1 0" fast. 72.00 feet to
the Point of Beginning.
Containing 2,961 square feet more or less.
Temporary Construction Easement
Together with a temporary construction easement with the right of immediate miry for all
purposes necessary to conform grades and drainage between adjacent properties, and the
project construction. Such purposes, as necessary, including the right to, but not limited to
Sheet I of 3
grading, borrowing and/or depositing fill, spoil and waste material thereon. to move. store
and remove equipment and supplies, to erect said remove temporary structures on the hard,
removal of existing miscellaneous improvements, reconstruction ofexisting improvements,
which may be conformed, as may be needed, beyond the temporary construction casement,
and to perform any other work necessary mid incident to the construction of the Flood Wall
Project. Reserving, however to the landowner, their heirs and assigns, all such rights and
privileges as may be used without interfering with or abridging the rights and easement
hereby acquired; subject however to any existing casements. Said temporary easement is
described as follows:
Commencing at Point "A" as described in the above Gantt of Easement; thence along the
northerly line of the Lands of S.MA.R.T. North 42°42'10" West, 72.00 feet to the True
Point of Beginning of the land herein described; thence South 14037'00" West. 62.9 feet:
thence in a northerly direction, 9.0 feet. perpendicular from and parallel with the centerline
of the existing milroad tracks, North 42°42'10" West, 68.0 feet, thence North 471750"
Last, 53.0 feet more or less to the northeasterly line of said Lands of S.M.A.R. .; thence
along said northeasterly line South 42°42'10" hast, 34.0 feet to the Point of Beginning.
Containing 2.703 square feet more or less.
Said temporary construction easement shall terminate upon the filing of the "Notice of
Completion" for the U.S. Army Corps of Engineers Project No. C-00500103.
The intent of this description is to affect that portion of the lands above described for the
orderl%y development of said Petaluma River Flood Control Project. The above description
was compiled in the offices of FitzGemld &. Associates from record deeds and mapping
and the U.S. Arany Corps of Engineers "Petaluma River Flood Control Project" drawings
received t}om the City of Petaluma, and dated August 15, 200F. No gaps nor gores are
intended to be created where record information may be in conflict.
Basis of Bearings for this description is the above mentioned Record of Survey filed in
Boot: 434 Maps at Page 30.
Prepared By:
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GRANT OF EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
For Petaluma River Flood Control Project,
Sheet Pile Wall Extension
Being a portion of the Lands of S.M.A.R.T. (formerly Northwestern Pacific Railroad Co.,
Grant No. 49 as shown on "N. W.P.R.R. Petaluma Park Siding" Map V2/S-0c), as described
in that certain deed recorded in Boot: 31 of Deeds, at Pagc 209, Official Records. Sonoma
County= Records, described as follows:
Grant of Easement
Being a grant of casement for Sheet Pile Wall Extension, Installation of Flood Channel
Improvements, Construction, Re -Construction, Operation. Repair & Maintenance. Said
easement is described as follows:
Commencing at a point on the southwesterly line of die Lands of Brody, said southwesterly
line being the common line with the northeasterly line of the above mentioned Lands of
S.M.A.R.T. as shown on that certain Record of Survey Map filed in Book 434 of Maps at
Page 30, Sonoma County Records: said point is marked by a % inch pipe as shown upon said
map: said pipe bears North 42042'10" West, 150.00 feet from a M inch pipe shown as being
set upon said Record of Survey map; thence along said southwesterly line of said Lands of
Brody, said southwesterly line being the common line with the northeasterly line of the above
mentioned Lattds of S.M.A.12.T., South 42042'10" East, 3.2 feet to the True Point of
Beginning (Point "A") of the land herein described: thence leaving said common line South
16°49'43" West. 30.0 feet more or less to a point on an existing chain lint: fence; thence along
said fence line South 47°17'50" West, 25.0 feet more or less to the northeasterly face of an
existing concrete Railroad Bridge: thence along said northeasterly face of said Railroad
Bridge, North 42°4270" West, 45.5 feel thence leaving said northeasterly face of the existing
Railroad Bridge, North 16049'43" East, 59.0 feet more or less to tie northeasterly line of said
Lands of S.M.A.R.T.; thence southeasterly along said northeasterly line and tile common line
of said Lands of Brody, South 42°42'10" East, 60.2 feet more or less to die Point of Beginning
(Point "A").
Containing 2.878 square feet more or less.
Temporary Construction Easement
Together with a temporary construction easement with the right of immediate entry for all
purposes necessary to conform grades and drainage between adjacent properties, and the
project construction. Such purposes, as necessary, including the right to, but not limited to
grading, borrowing and/or depositing 611, spoil and waste material thereon, to move, store and
remove equipment and supplies, to erect and remove temporary structures on the land,
removal of existing miscellaneous improvements, reconstruction of existing improvements.
which may be conformed, as may be needed, beyond the temporary construction easement,
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and to perform any other wort: necessary mid incident to the construction of the Flood Wall
Project. Reserving, however to die landowners, their heirs and assigns, all such rights and
privileges as may be used without interfering with or abridging the rights and easement hereby
acquired; subject however to any existing easements. Said temporary easement is described as
follows:
Commencing at Point " fY' as described in the above Grant of Easement; thence southeasterly
along the common line of die Lands of Brody and the Lands of S.M.AR.T., South 4242'10"
Hast. 130.8 feet; thence leaving said common line South 47017'50" West, 59.8 feet more or
less to the northeasterly rail of the existing railroad tracks: thence along said tail, North
4204210" West, 60.6 feet; thence: leaving said rail North 47017'50" Gast, 9.0 feet more or less
to a point in a line defined by the southeasterly projection of the northeast face of die existing
concrete Railroad Bridge; thence along said line projected North 42°42'10" West, 55.0 feet to
an existing chain link fence (being the same chain link fence described in the above Grant of
Easement); thence alone said fence line North 47017'50" East. 25.0 feet more or less; thence
leaving said fence line North 1604943" East, 30.0 feet more or less to the Point of Beginning
(Point-A")-
Excluding
Point-A")Excluding therefrom any portion of said land lying within die June 1960 Lease Agreement
between Reif and Brody and the Northwestern Pacific Railroad Co. Also excluding therefrom
any portion of said land that might lay within the public right of way for Lakeville Street.
Containing 3,745 square feet (net area) more or less
Said temporary construction easement shall terminate upon the filing of die "Notice of
Completion' for the U.S. Army Corps of Engineers Project No. C-005011103.
The intent of this description is to affect tliat portion of die lands above described for the
orderly development of said Petaluma River Flood Control Project. The above description was
compiled in the offices of FitzGerald X Associates from record deeds and mapping mid the
U.S. Army Corps of Engineers "Petaluma River Flood Control Project' drawings received
from the City of Petaluma, and dated August 15, 2005. No gaps nor gores are intended to be
created where record infimnation may be in conflict.
Basis of Bearings for this description is the above mentioned Boole 434 Maps at Page 30.
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Exhibit A
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City Clerk
Citv of Petaluma
I I Ln_elish Street
Petaluma- CA. 94952
Eeempt firm 1, ombng fes
Gov. Cod-, Frani
GRANTOF EASEMENT
This Grant of Easement ("Easement GmnP`) dated and elfedive as of . 2014, is by and
between the Sonoma -Marin Area Rail Transit District CMIART") and the Citv of Petaluma, a California
Charter City ('LITS').
RECIT_1LS
WHEREAS, SMART is the owner in lee of certain real property located in the County or
Sonoma. Stale of California_ identified by Sonoma County Assessor's Parcel Number
_ _ , (the "SMART Property'); and
WHEREASe the CITY and the United Slates Army Corps or Engineers desire to complete the
remaining components of wort: on the Petaluma River Flood Control Projea iI.S. Amry Corps
of Engineers Project No. C-00500103, including the sheet pile wall extension upstream of the
Lakeville Street Bridge (`Sheat Pile Wall Projccl-); and
WHEREAS. to construct the Sheet Pile \Fal Project itis necessary for die CITY to acquire
pemmnent and temporary construction easements on the SMART Property; and
WIIERP,AS, the legal descriptions and diagrams of the easements required by Ore CITY on the
SMART property are described and depicted in Exhibit A which is attached to and made a part
of this Easement GranC and
WHEREAS, SMART has agreed to grant the required easements to the City for and upon
payment oftbe appraised value orthe easements totaling $19.600.00
WITNESSETH
NOW THEREFORE, for valuable consideration. the receipt and sufficiency of which am hereby
acknowledged, SNIAd '1' does hereby grant to the CrFY:
1. Permanent casements ("Permanent Easements') to construct. reconstruct, operate, inspect.
maintain, repair, replace, access, use and nanove. Ore Sheet Pile Wall Project improxements
("Impnrvememis") on Ore SMART Properly, and reserving hom the Permanent Easements all
I1
such rights and privileges as may be used without interfering with or abridging this Easement
Grant- subject to any existing casements.
2 Temporary construction easements (`Temporary Construction Easements") with the riltl of
immediate entre' for all purposes necessary to construct the Improvements. including, but not
limited to, grading, borrowing and/or depositing Jill. spoil and waste material. moving. storing
and removing equipment and supplies. erecting and removing tcmrporary structures on tie land,
removal of existing miscellaneous improvements, reconstruction of existing improvements.. and
to construct any other wort: necessary and incident to the construction of the fmprovernents. and
excluding from the Tempomry Construction Easements any portion of land lying within the June
1960 Lease Agreement between Reif and Brody and the Nortweslem Pacific Railroad Co. and
any portion of said land that might lay within the public right of way for Lakeville Street.
The location, length, width and dimensions of the Permanent and Temporary Construction Easements
granted pursuant to this Easement Grant are as described in Exhibit A.
IRe Temporary Construction Easements will terminate upon tiling of the "Notice of Completion' for
U.S. Arnry Corps of Engineers Project No. C-00500103."
City of Petaluma
Parhad Mansourian. General Manager
Approved as to form:
By:
Tom Lyons, General Counsel
Attest'
Ey:
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