HomeMy WebLinkAboutStaff Report 3.E 10/06/2014DATE: October 6, 2014
Agenda Item #3.E
TO: Honorable Mayor and e nbers of the City Council through City Manager
FROM: Dan St. JoW,F. — hector, Public Works and Utilities
Larry Zimrn re P.E. — Capital Improvements Division Manager
SUBJECT: Adoption (Second Reading) of an Ordinance 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 Adopt an Ordinance Authorizing 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.
BACKGROUND
On September 15, 2014, the City Council approved the first reading of an ordinance authorizing
a quitclaim of temporary construction easement deed recording under document no. 2003159852
with Yvonne Stemwedel and Arthur K. Ames, 1II, LLC and authorizing the City Manager to
execute all required documents. The Council approved the ordnance by a vote of 6-0, with
Councihnember Healy absent. The recommended action provides for second reading and
adoption of the ordinance. The staff report for the first reading of this item at the September 15,
2014 Council meeting is provided for further background information.
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. Ordinance for Temporary Construction Easement Deed
2. Staff Report of First Reading from September 15, 2014 City Council Meeting
Attachment 1
Introduced by Seconded by
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, and
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, I1I; 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.
SA L U Lr Attachment 2
aw0'�
Mesa
DATE: September 15, 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: 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.
BACKGROUND
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, III,
LLC.
Agenda Review:
City Attomev Finance Director City Manager 4
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. Ordinance for Temporary Construction Easement Deed
2. Quitclaim Deed