HomeMy WebLinkAboutOrdinance 2524 N.C.S. 01/26/20151
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EFFECTIVE DATE
OF ORDINANCE
February 26, 2015
Introduced by
Gabe Kearney
ORDINANCE NO. 2524 N.C.S.
Seconded by
Kathy Miller
AN ORDINANCE AUTHORIZING THE TRANSFER OF CITY EASEMENT RIGHTS
LOCATED ON APN 007-350-008 RELATED TO THE EAST WASHINGTON
INTERCHANGE PROJECT TO PACIFIC GAS AND ELECTRIC
WHEREAS, East Washington Interchange Project required the construction of new on and
off ramps to U.S. 101 and the realignment of utility lines; and
WHEREAS, the East Washington Interchange Project required the acquisition of certain
easement rights at APN 007-350-008, owned by Syers Property I, L.P., to construct and maintain
the East Washington Interchange Project; and
WHEREAS, the Final Order of Condemnation - Action in Eminent Domain recorded
September 12, 2012 as Instrument No. 2012089139, the "Settlement Agreement and General
Release of All Claims" between the City of Petaluma and Syers Property, I, L.P. dated April 30,
2012 ("Settlement Agreement") and the Judgment of Condemnation - Action in Eminent
Domain on file with the Sonoma County Superior Court, Case No. SCV 249701, July 17, 2012,
granted the City three perpetual easements referred to as: 1) Joint (Utility) Trench Easement, 2)
Sanitary Sewer and Water Easement, and 3) Overhead Transmission Easement as described in
paragraph 15 of the Settlement Agreement, attached hereto as Exhibit A; and
WHEREAS, Pacific Gas and Electric Company is responsible to construct, reconstruct,
install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified,
together with a right of way therefore, within the easement area as hereinafter set forth, and
also ingress thereto and egress therefrom, over, and across said lands; and
WHEREAS, the City desires to transfer and PG&E desires to accept the Joint (Utility) Trench
Easement and Overhead Transmission Easement; and
WHEREAS, Section 46 of the City Charter of the City Petaluma requires that actions for the
acquisition, sale, or lease of real property be taken by Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1: The City Council approves the transfer of the Joint (Utility) Trench Easement and
Overhead Transmission Easement as defined in paragraph 15 of the Settlement Agreement to
PG&E.
Ordinance No. 2524 N.C.S.
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Section 2: The City Manager is authorized and directed to execute documents reasonably
necessary to complete the transfer of the Joint (Utility) Trench Easement and Overhead
Transmission Easement as defined in paragraph 15 of the Settlement Agreement to PG&E.
Section 3: If any section, subsection, sentence, clause, phrase or work of this Ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by State legislation, such decision or legislation shall not affect the
validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this Ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful other otherwise invalid.
Section 4: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for
the period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered posted/ published this 5th day of January, 2015.
ADOPTED this 26th day of January, 2015 by the following vote:
Ayes: Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes: None
Abstain: None
Absent: None
ATTEST:
Claire Cooper, CMC, City Cler
GG`
David Glass, Mayor
APPROVEDA��ORM:
Eric W. Danly, Clty Attorney
Ordinance No. 2524 N.C.S.
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