HomeMy WebLinkAboutStaff Report 5.D 9/15/2014DATE:
TO:
Agenda Item #5..V,,
September 15, 2014
Honorable Mayor and Members of the City Council through City Manager
n
FROM: Dan t J F CE — Director, Public Works and Utilities
Larry nmer, P.E. — Capital Improvements Division Manager
SUBJECT: Authorizing a Quitclaim of Temporary Construction Easement Deed Recorded
Under Document No. 2003159852 with Yvonne Stemwedel and Arthur K. Ames,
III, LLC and Authorizing the City Manager to Execute All Required Documents
RECOMMENDATION
It is recommended that the City Council Authorize a Quitclaim of Temporary Construction
Easement Deed Recorded Under Document No. 2003159852 with Yvonne Stemwedel and
Arthur K. Ames, III, LLC and Authorize the City Manager to Execute all Required Documents.
j "MeTWIlan"►H7
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.
A quitclaim deed for the same easement was authorized by the Council on June 2, 2014, but the
property was sold before it was recorded. The ownership of the property has changed. Lawrence
S. Torliatt has granted ownership of the property to Yvonne Stemwedel and Arthur K. Ames, III,
LLC. A new quitclaim deed must be executed in order to reflect this new ownership.
DISCUSSION
Use of this property is no longer required by the City of Petaluma and therefore the Temporary
Construction Easement is being quitclaimed to Yvonne Stemwedel and Arthur K. Ames, 111,
LLC.
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
Ordinance for Temporary Construction Easement Deed
Quitclaim Deed
Introduced by
Seconded by
Attachment 1
ORDINANCE NO. N.C.S.
AMENDING ORDINANCE NO. 2491 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; and
WHEREAS, on July 3, 2014, the City Council adopted Ordinance No. 2491 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, Before the City could effectuate the transfer of said quitclaim deed the
property encumbered with Temporary Construction Easement Deed recorded under Document
No. 2003159852 required for City of Petaluma Project No. 9989 transferred to a new owners
Yvonne Stemwedel and Arthur K. Ames, III, and
WHEREAS, the City desires to effectuate the Quitclaim of Temporary Construction
Easement Deed Recorded Under Document No. 2003159852 to the new property owners,
Yvonne Stemwedel and Arthur K. Ames, III, who are the successors -in -interest to Lawrence S.
Torliatt.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
The grantee does hereby remise, release, and forever quitclaim unto Yvonne Stemwedel and
Arthur K. Ames, III, LLC any and all right, claim, title, or interest arising by virtue of or
pursuant to that certain Temporary Construction Easement Deed, Document No. 2003159852,
and approved by Lawrence S. Torliatt on June 17, 2003, regarding located in Sonoma County,
State of California.
RECORDING REQUESTED BY
Cornerstone Title Company
AND WHEN RECORDED MAIL DOCUMENT TO:
Yvonne Stemwedel and Arthur K. Amos
5895 Inverness Avenue
Santa Rosa CA 95404
A.P.N.:007-082.028
THE UNDERSIGNED GRANTORS) DECLARE(S):
Attachment 2
Space Above This Line for Recorder's Use Only
File No.: SR -1927 (NA)
DOCUMENTARY TRANSFER TAX IS S 0.00;
_Computed on full value of property conveyed, or
_ Computed on full value less liens and encumbrances remaining at time of sale.
_XX_ Exempt & Pursuant to CT & 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
YVONNE STEMWEDEL AND ARTHUR K. AMOS, fit, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
the following described property in the City of Petaluma, County of Sonoma, State of CA:
See Exhibit "A" attached hereto and made part hereof for complete legal description
Dated
STATE OF CALIFORNIA }
) SS.
COUNTY OF )
On before me,
appeared
The City of Petaluma, a Municipal Corporation
Authorized signer
Notary Public, personally
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
Exhibit A
THE REAL PROPER'T'Y Rd THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
THE PARCEL of land described in the deed from Tlie McNear Company to Pacific Gas and Electric Company dated August 7.
1930 and recorded in Book 271 of Of loial Records at Page 209, Sonoma County Records, more particularly described as
follows:
BEGINNING at the point of intersection of the Southeasterly boundary line or Madison Street with the Northeasterly boundary
line or Lakeville Street {formerly Itopper Street 1, and running thence Northeasterly along the Southeasterly boundary line of
Madison Street 128 feet; thence Southeasterly parallel with the Northeasterly boundary line of Lakeville Street, 115 foul; thence
Southwesterly parallel with the Southeasterly boundary line of Madison Street, 128 feet to a point in the Northeasterly boundar3
lire of Lakeville Street; thence Norihwesterly along the last mentioned boundary line 115 feet to the point of beginning. Being a
portion of Bloch: 30 of Harmon's Survey of East Petaluma.
RXCF,PTING to grantor, its successors and assigns, all oil, gas, other hydrocarbon substances, minerals, and naturally created
hot water and steam in and under sant real propert) and lying below a plane which is 500 feel below the surface of the ground;
provided, however, that any exploration for or removal of any such oil, gas, other hydrocarbon substances, minerals, and
naturally created hot water and stenm shall be by means of slant drilling or tunneling from lands adjacent to said real property or
other methods not requiring operations an the surface of said real property and sha:l 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. •I'nrliatt, et al, recorded 14av 25. 1979 in Bonk 3401 of'Ofiicial Records at
Page 716, Sonooro County Records.
APN; 007-082-0213