HomeMy WebLinkAboutOrdinance 2550 N.C.S. 09/21/20151
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EFFECTIVE DATE
OF ORDINANCE
October 21, 2015
Introduced by
Kathy Miller
ORDINANCE NO. 2550 N.C.S.
Seconded by
Teresa Barrett
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING
ORDINANCE NO. 2512 N.C.S., WHICH APPROVED THE PURCHASE AND
SALE AGREEMENT, BETWEEN MGP VIII PROPERTIES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY ("SELLER") AND THE CITY OF PETALUMA FOR
ACQUISITION OF A PORTION REAL PROPERTY (APN 007-380-027), THAT FALLS
WITHIN THE PLAN LINE FOR THE RAINIER INTERCHANGE PROJECT APPROVED
BY ORDINANCE NO. 1991 N.C.S. IN THE AMOUNT OF $540,567, AND THE
SUBSEQUENT LEASEBACK OF THE REAL PROPERTY INCLUDING THE PORTION
OF THE PROPERTY DEVELOPED AS A DOG PARK BY SELLER AND AUTHORIZED
THE CITY MANAGER TO COMPLETE ALL NECESSARY TRANSACTIONS FOR
PURCHASE AND SALE AND LEASEBACK OF THE PROPERTY
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the
acquisition, sale, or lease of real property be taken by Ordinance; and,
WHEREAS, Seller owns that certain real property known as Assessor's Parcel No. 007-380-
027 in Petaluma, California, ("Land"); and
WHEREAS, the City's General Plan has planned consistently for a Rainier Avenue Extension
and Interchange, which requires Rainier Avenue to be extended to and connect with a new
freeway interchange on Highway 101 between Washington Street and Corona Road and to
provide another cross-town travel route and access to Highway 101 ("Project"); and
WHEREAS, the City's General Plan designates areas within the City in which development
of any improvements is limited in anticipation of the future Project ("Designated Area"), and in
1995, the City Council adopted Ordinance No. 1991 N.C.S., approving the plan line for the
Project; and
WHEREAS, a portion of Seller's Land is within the Designated Area (hereinafter referred to
as "Property"); and
Ordinance No. 2550 N.C.S.
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WHEREAS, the City negotiated a purchase and sale agreement between the City and
Seller to purchase the Property in the amount of Five Hundred Forty Thousand, Five Hundred Sixty
Seven Dollars ($540,567), and a copy of that purchase and sale agreement, with all of its
attachments, is attached as Exhibit A to Ordinance No. 2512 N.C.S. ("Purchase and Sale
Agreement"); and,
WHEREAS, the Purchase and Sale Agreement requires the Seller to enter into a lease to
lease back the Property from the City to continue to operate and maintain the Property
including the portion of the Property developed as a Dog Park until the City requires use of the
Property for City purposes, and a copy of that lease is attached as Exhibit B to the Purchase and
Sale Agreement; and
WHEREAS, Section 4. 1.1 of the Purchase and Sale Agreement requires Seller to deliver the
property with clean title, with only those encumbrances on title as agreed to by the City; and
WHEREAS, on December 18, 2014, the City Attorney's Office obtained an updated title
report for the Property, showing the Property was subject to Covenants, Conditions and
Restrictions ("CCRs") placed on the property by the Seller, as the declarant; and
WHEREAS, the CCRs constrain the City's ability to transfer a portion of the Property to the
California Department of Transportation because the Department typically requires a transfer to
be free and clear of any encumbrances on title; and
WHEREAS, the CCRs hinder the City's ability to resell the Property or any portion thereof to
the extent not required by the Rainier Interchange Project to recoup the City's costs; and
WHEREAS, City staff and Seller spent several months attempting to find a solution to the
challenges presented by the CCRs, but were unable to do so; and
WHEREAS, the City remains fully committed to planning for the implementation of the
Rainier Undercrossing and Interchange Projects, as described in the City of Petaluma's General
Plan 2025, and other City documents, and nothing in this ordinance is to be construed to the
contrary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1: Ordinance No. 2512 N.C.S. is hereby repealed.
Section 2: 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
Ordinance No. 2550 N.C.S.
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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 3: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4: 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/fid this 14th day of September, 2015.
ADOPTED this 21St day of September, 2015 by the following vote:
Ayes: Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes: None
Abstain: None
Absent: Albertson
avid Glass, Mayor
ATTEST: APPROVED AS TO
Claire Cooper, City Clerk Eric W. Danly, City A
Ordinance No. 2550 N.C.S.
Page 3
Resolution No. 2015-0152I N.C.S.
of the City of Petaluma, California
APPOINTING CHRIS MC CARTHY TO THE
TRANSIT ADVISORY COMMITTEE AND APPOINTING
MOIRA NOBLES TO THE YOUTH COMMISSION
BE IT RESOLVED, the City Council does hereby appoint Chris McCarthy to the
Transit Advisory Committee and Moira Nobles to the Youth Commission to serve two-year
terms expiring June 30, 2017.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 21" day of September,
2015, by the following vote:
Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
None
Albertson
None
City Clerk
f a.
4&Y -or
as to
Resolution No. 2015-152I N.C.S. Page 1