HomeMy WebLinkAboutOrdinance 2504 N.C.S. 06/16/20141
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EFFECTIVE DATE ORDINANCE NO. 2504 N.C.S.
OF ORDINANCE
July 17, 2014
Introduced by Seconded by
Teresa Barrett Kathy Miller
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.
Ordinance No. 2504 N.C.S.
Page 1
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NOW, THEREFORE, BE 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.
INTRODUCED and ordered posted this 2nd day of June, 2014.
ADOPTED this 16th day of June, 2014 by the following vote:
Ayes:
Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
ATTEST:
Claire Cooper, CMC, City Clerk
�7`-Ce a
David Glass, Mayor
APPRO ED A TO FORM:
(J l
Eric W. Dply>City Attorney
Ordinance No. 2504 N.C.S.
Page 2
EXHIBIT A
GRANT OF EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
For Petaluma River Flood Control Projcet,
Sheet Pile Wall Extension
Being a 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.& Petaluma Park Siding" Map V2lS4c), as
described in that certain deed recorded in Book 31 of Deeds, at Page 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 the 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. m 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 4204210" West, 150.00 feet to a 3/4 inch
pipe shown as being set upon said Record of Survey map; thence continuing along said
common line North 42042'10" West, 37.8 feet to the most westerly comer of said Lands of
Brody; thence leaving said comer in a northwesterly direction and along the northeasterly
line of the Lands of S.M.A.&T. (crossing the Petaluma River) North 42°42'10" West, 86
feet to the True Point of Beginning (Point "A'� of the land herein described; thence South
47017'50" 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
42°42'10" West, 18.0 feet more or less to the westerly end of said Bridge; thence along the
northwesterly end of said Railroad Bridge, South. 471 T50" West, 3.0 feet; thence running
in a northerly direction, 9.0 feet perpendicular from and parallel with the centerline of the
existing railroad tracks, North 42°42'10" West, 20.0 feet; thence in a northeasterly
direction, North 14°37'00" East, 62.9 feet mom or less to the northeasterly line of the above
mentioned Lands of S.M.A.R.T.; thence along said line South 42°42'10" East, 72.00 feet to
the Point of Beginning.
Containing 2,861 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
Sheet 1 of 3
Ordinance No. 2504 N.C.S. Page 3
grading, borrowing and/or depositing fill, 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 confbrrned, as may be needed, beyond the temporary construction easement,
and to perform any other work necessary and incident to the construction of the Flood Wall
Project. Reserving, however to the 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 "A" as described in the above Grant of Easement; thence along the
northerly line of the Lands of S.M.A.R.T. North 42°42'10" West, 72.00 feet to the True
Point of Beginning of the land herein described; thence South 1403700" West, 62.9 feet;
thence in a northerly direction, 9.0 feet perpendicular from and parallel with the centerline
of the existing railroad tracks, North 42°42'10" West, 68.0 feet: thence North 47017'50"
East, 53.0 feet more or less to the northeasterly line of said Lands of S.M.A.R.T.; thence
along said northeasterly line South 42042'10" East, 34.0 feet to the Point of Beginning.
Containing 2,703 square feet more or less.
Said temporary construction easementshall 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
orderly development of said Petaluma River Flood Control Project. The above description
was compiled in the offices of FitzGerald & Associates from record deeds and mapping
and the U.S. Army Corps of Engineers "Petaluma River Flood Control Project" drawings
received from the City of Petaluma, and dated August 15, 2008. 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
Book 434 Maps at Page 30.
Prepared By:
FfRGERAtG Olin J. Fi Gerald, . S. Da
UC,1'P 4419 and Surveyor ;'4419
(License Renewal 9-301A
4�
OF cAtfa� /Job No. 08-1243
Project Parcel 06
Sheet 2 of 3
Ordinance No. 2504 N.C.S. Page 4
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Ordinance No. 2504 N.C.S. Page 5
vllt
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.RT. (formerly Northwestern Pacific Railroad Co.,
Grant No. 48 as shown on "N. W.P.R L Petaluma Park Siding" Map VDS4c), as described
in that certain deed recorded in Book 31 of Deeds, at Page 209, Official Records, Sonoma
County Records, described as follows:
Grant of Easement
Being a grant of easement 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 the Lands of Brody, said southwesterly
line being the common line with the northeasterly line of the above mentioned Lands of
S.M.A.RT. as shown on that certain Record of Survey Map filed in Book 434 of Maps at
Page 30, Sonoma County Records; said point is markedby a'/. inch pipe as shown upon said
map; said pipe bears North 42042'10" West, 150.00 feet from a % 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 Lands of S.M.A.RT., South 42°42'10" 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 link fence; thence along
said fence line South 47017'50" 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 42042'10" West, 45.5 feet; thence leaving said northeasterly face of the existing
Railroad Bridge, North 16049'43" East, 59.0 feet more or less to the northeasterly line of said
Lands of S.M.A.R.T.; thence southeasterly along said northeasterly line and the common line
of said Lands of Brody, South 42°42'10" East, 60.2 feet more or less to the 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 fill, 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,
Sheet 1 of 3
Ordinance No. 2504 N.C.S. Page 6
and to perform any other work necessary and incident to the construction of the Flood Wall
Project. Reserving, however to the 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 "A" as described in the above Grant of Easement; thence southeasterly
along the common line of the Lands of Brody and the Lands of S.M.A.R.T., South 42°42' 10"
East, 130.8 feet; thence leaving said common line South 471 T50" West, 59.8 feet more or
less to the northeasterly rail of the existing railroad tracks; thence along said mil, North
42°42'10" West, 60.6 feet; thence leaving said mil North 47017'50" East, 9.0 feet more or less
to a point in a line defined by the southeasterly projection of the northeast face of the existing
concrete Railroad Bridge; thence along said line projected North 42042'10" West, 55.0 feet to
an existing chain link fence (being the same chain link fence described in the above Grant of
Easement); thence along said fence line North 47°17'50" East, 25.0 feet more or less; thence
leaving said fence line North 16°4943" East, 30.0 feet more or less to the Point of Beginning
(Point "A").
Excluding therefrom any portion of said land lying within the 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 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
orderly development of said Petaluma River Flood Control Project. The above description was
compiled in the offices of FitzGerald & Associates from record deeds and mapping and the
U.S. Army Corps of Engineers "Petaluma River Flood Control Project" drawings received
from the City of Petaluma, and dated August 15, 2008. No gaps nor gores are intendedto be
created where record information may be in conflict.
Basis of Bearings for this description is the above mentioned Book 434 Maps at Page 30.
FfRG""'t q olm J. FitzG t d, P.L.S. Da e
M# Mie - and Surveyor
#4419
(License Renewal 9-30;
op ��tpdf /Job No. 08-1243
Project Parcel 485
Sheet 2 of 3
Ordinance No. 2504 N.C.S. Page 7
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!,ands of f.M.M.r
FUT NUD008 --r0m0 o8•IZ4Ispdolum Colirrnio
Ordinance No, 2504 N.C.S. Page 8
Recording requested by mid when recorded return to:
City Clerk
City of Petaluma
I1 English Street
Petaluma, CA 94952
Exempt from recording fees
Gov. Code §6103
GRANT OP EASEMENT
This Grant of Easement (`Basement Grant') dated and effective as of , 2014, is by and
between Ore Sonoma -Marin Area Rail Transit District ("SMART") and the City of Petaluma, a California
Charter City ("CITY').
RECITALS
WHEREAS, SMART is the owner in fee of certain real property located in die County of
Sonoma, State of California, identified by Sonoma County Assessor's Parcel Number
(the "SMART Property"); mid
WHEREAS, die CITY and the United States Army Corps of Engineers desire to complete die
remaining components of work on die Petaluma River Flood Control Project, U.S. Army Corps
of Engineers Project No. C-00500103, including the sheet pile wall extension upsiremn of the
Lakeville Street Bridge ("Sheet Pile Wall Project"); and
WHEREAS, to construct the Sheet Pile Wall Project it is necessary for the CITY to acquire
permanent and temporary construction easements on the SMART Property; and
WHEREAS, the legal descriptions and diagra ns of the easements required by the CITY on the
SMART property are described and depicted in Exldbit A which is attached to and made a part
of this Easement Grant; and
WHEREAS, SMART has agreed to grant the required easements to the City for and upon
payment of the appraised value of the easements totaling $19,600.00;
WITNESSETH
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, SMART does hereby grant to tic CITY:
1. Permanent easements ("Permanent Easements") to cons Wet, reconstruct, operate, inspect,
maintain, repair, replace, access, rue and remove, the Sheet Pile Wall Project improvements
(`Improvements') on time SMART Property, and reserving from the Permanent Easements all
Ordinance No. 2504 N.C.S. Page 9
such rights and privileges as may be used without interfering with or abridging this Easement
Grant, subject to any existing easements.
Temporary construction casements ("Temporary Construction Easements") with the right of
immediate entry, for all purposes necessary to construct the Improvements, including, but not
limited to, grading, borrowing and/or depositing fill. spoil and waste material, moving, storing
and removing equipment and supplies, erecting and removing temporary structures on the land,
removal of existing miscellaneous improvements, reconstruction of existing improvements, and
to construct any other work necessary and incident to the construction of the Improvements, and
excluding from We Temporary Catu traction Easements any portion of land lying within the June
1960 Lease Agreement between Reir and Brody and the Nortwestern Pacific Railroad Co. and
any portion of said land that might lay within the public right of way for Lakeville Street.
The location, lengthy width and dimensions of the Permanent and Temporary Construction Easements
granted pursuant to this Easement Grant are as described in Exhibit A.
The Temporary Construction Easements will terminate upon filing of the "Notice of Completion" for
U.S. Anny Corps of Engineers Project No. C-00500103."
City of Petaluma
Farhad Mansourian, General Manager
Approved as to form:
By:
Tom Lyons, General Counsel
Attest:
By:
Ordinance No. 2504 N.C.S. Page 10
Poweretl By GeoSmart.n
Attachment 3
City of Petaluma
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Ordinance No. 2504 N.C.S. Page 1 1