HomeMy WebLinkAboutStaff Report 3.C 02/01/2016Agenda Item #3.0
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DATE: February 1, 2016
TO: Honorable Ma or and Members of the City Council through City Manager
FROM: Dan . J' ASCE, Director of Public Works and Utilities
Curt is Bates, P.E., City Engineer
SUBJECT: Resolution Ordering the Summary Vacation of an Existing Public Storm Drain
Easement on Assessor Parcel Number 007 - 041 -001.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ordering the Summary
Vacation of an Existing Public Storm Drain Easement on Assessor Parcel Number 007 - 041 -001.
BACKGROUND
The applicant, Clover Stornetta Farms, has requested the City of Petaluma vacate and abandon a
portion of an existing public storm drain easement on the Clover Stornetta site as shown in
Attachment 2, in order to accommodate construction of new storage silos at its manufacturing
facility on 91 Lakeville Street. Clover Stornetta Farms is required to remove and replace the
portion of storm drain with new City standard storm drain as well as dedicate a new public
easement to accommodate the relocated line. Clover Stornetta Farms has prepared construction
drawings for the portion of the storm drain line required to be replaced. These drawings have
been reviewed and approved by the Public Works and Utilities Department. Clover Stornetta
Farms is required to enter into a public improvement agreement with the City of Petaluma prior
to construction. Construction is anticipated to commence upon adoption of this resolution and
execution of the improvement agreement.
The easement proposed to be vacated was acquired by the City of Petaluma on October 17, 1990
to accommodate the existing public storm drain line. Dedication of public utility easements by
grant deed or on subdivision maps is standard practice to accommodate existing, proposed or
planned public utilities.
DISCUSSION
Vacation (a.k.a. abandonment) of public service easements is governed by California Streets and
Highways Code, Division 9, Part 3, Chapter 3, Sections 8300 et seq. Under Section 8333(c),
summary vacation, which is a simpler process than a standard vacation, can be used for a public
service easement that has been superseded by relocation or determined to be excess and therefore
unneeded by the easement holder, and there are no other public facilities located within the
easement. This proposal is eligible for the summary vacation process because the existing facility
will be replaced by the new storm drain line and easement. The applicant is conditioned in the
attached resolution to install the relocated storm drain facility and dedicate the corresponding
public easement. Public service easements abandoned through the summary vacation process do
not have to go to the Planning Commission for review of General Plan consistency and do not
require notice other than on the Council agenda. The vacation is exempt from the California
Environmental Quality Act (CEQA) under section 15301 of the CEQA Guidelines, as a minor
alteration of existing highways and streets and similar facilities involving negligible or no
expansion of use. Any physical effects on the environment from the Clover Silos expansion
project will be considered as part of project entitlement process for that work.
In order to approve the summary vacation, the City Council must find the subject portion of the
easement to be unnecessary for present or prospective public use. Private benefit from the
vacation does not make vacation improper, but should only be approved if it is no longer
necessary for public use, rather than primarily to benefit a private party. Should the City Council
decide to approve the proposed vacation, it is necessary for the Council to also decide terms and
conditions for the vacation, including an appropriate amount of compensation from the applicant,
if any.
The Streets and Highways Code does not require compensation for vacating a public service
easement. The prohibition in California Constitution, art. XVI, Section 6 on gifts of public funds
has been held not to apply to charter cities and the City of Petaluma Charter does not have
provisions regarding gifts of public funds. The City Council is therefore free to consider whether
it wishes to require compensation at an appraised value or some other sum from the applicant,
based on general policy and any special circumstances applicable to this application. However,
Clover Stornetta Farms will be constructing a re- routed public storm drain line and is dedicating
a new public storm drain easement as part of this item (Attachment 4). The vacated public
storm drain easement is of little value because it can be used only as a public utility easement
and the cost of an appraisal will likely exceed the value of the easement. Therefore, it is
recommended that the City Council not seek compensation in this case.
Council action is not required to accept the replacement easement at this time because by prior
resolution, the City Council has authorized the city manager to accept this type of transfer and
can do so in this case.
FINANCIAL IMPACTS
The City has received a deposit of $1,399.91 from the applicant for processing costs. The
application is a cost recovery project. Any remaining funds will be refunded to the applicant
once the project is complete and the applicant is responsible for providing additional project
review funds as necessary.
2
ATTACHMENTS
1. Draft resolution
2. Quitclaim deed for storm drain easement
3. Original storm drain easement grant deed recorded October 17, 1990
4. Replacement easement grant deed for public storm drain easement
3
Attachment 1
DRAFT RESOLUTION NO. NCS
ORDERING THE SUMMARY VACATION OF AN EXISTING PUBLIC STORM
DRAIN EASEMENT ON ASSESSOR PARCEL NUMBER 007 - 041 -001,
PETALUMA, CALIFORNIA.
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways
Code, applicant Clover Stornetta Farms requests the City Council summarily vacate the existing
public storm drain easement at 91 Lakeville Street, APN: 007 - 041 -001, shown in Attachment 3;
and
WHEREAS, the public utility easement will be superseded by relocation and there are
no other public facilities located within the easement; and
WHEREAS, Clover Stornetta Farms has offered for dedication a new public storm drain
easement satisfactory to the City and will be constructing a re- routed public storm drain line in
said easement; and
WHEREAS, the City Council, having duly received and considered evidence concerning
the facts in this proceeding finds from all the evidence submitted that the public service easement
hereinafter described is unnecessary for present or prospective public utility purposes upon
completion of the relocated storm drain line and dedication of a new public service easement to
the satisfaction of the City of Petaluma; and
WHEREAS, the action taken by this resolution is exempt from the California
Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3
( "CEQA Guidelines "), Section 15301 as the minor alteration of existing highways and streets
and similar facilities involving negligible or no expansion of use; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part 3,
Chapter 3 of the California Streets and Highways Code, including but not limited to Streets and
Highways Code Section 8333, that the right -of -way described in Attachment 3, Exhibit A hereto,
which is incorporated herein by reference be, and the same is hereby ordered vacated, abandoned
and forever closed to public use with the following conditions:
1. The proposed storm drain system shall be constructed by the applicant and accepted by the
City prior to recordation of the documents vacating a portion of the existing storm drain
easement and prior to accepting the new storm drain easement for the relocated line.
2. The proposed public storm drain easement shall be recorded.
3. If the vacation resolution is not recorded within one year of approval, the vacation shall be
considered null and void.
3
BE IT FURTHER RESOLVED that the the be recorded m the Office
of this Resolution, attested by said Clerk under he seal of said City ,
of the Recorder of Sonoma County, California.
BE IT FURTHER RESOLVED that- the City Manager is authorized and directed to
execute any necessary documents of conveyance.
52
1 Attachment 2
RECORDING REQUESTED BY:
First American Title Company
Order # 4901 - 4899836
APN 007 - 041 -001
WHEN RECORDED MAILTO
Curt Bates
City of Petaluma
11 English Street
Petaluma, CA 94952
uitclaim Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00 No Consideration.
( ) computed on the full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at the time of sale.
( ) Unincorporated area: (X) City of Petaluma
(X) Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF PETTALUMA, a municipal corporation
Hereby REMISES(S), RELEASES(S) AND FOREVER QUITCLAIMS) to:
Beverly Ann Brody, trustee under the Beverly Ann Brody trust agreement dated April 9, 1992, as to an undivided
one (1/3) interest, Allan J. Brody, trustee under the Allan J. Brody trust agreement dated January 24,
1990, as to an undivided one -third (1/3) interest and Sharon L. McNamara, trustee under the Sharon L.
McNamara trust agreement dated 10 -4 -05, as to an undivided one -third (1/3) interest.
That property in the City of Petaluma, Sonoma County, State of California, described as:
See "Exhibit A" attached hereto and made a part hereof.
This deed is recorded to remise, release and quitclaim that portion of a storm drain easement conveyed in
Document No. 1990 - 0103116.
Mail Tax Statement to: Grantee at address above
Date:
City of Petaluma
A notary public or other officer completing this certificate verifies only the Identity of
the Individual who signed the document to which this certificate Is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ) , On
Before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name($) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same In his /her /their authorized capacity(les), and that by
his /her /their signatures(s) on the Instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed and InstrI certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
-rev cre-11-nRrNTS AS DIRECTED ABOVE
1
EXHIBIT "A."
A 10 Foot wide easement for public storm drain easement the ceiaterline
of which is described as Follows:
Beginning at a point on the southerly line of the Lands of WilLiam &
Sylvia R. Brody as described by deed recorded in Official Records
Document No. 84- 070611, Sonoma County Records, from which poi:at a 3/4"
ir6n pipe tagged LS 5087 marking the easterly corner of said Lands of
Brody, as shown on that Record of Survey recorded in book 434 -of Maps
at page 30, Sonoma Count Records, bears N 36° 22'10" E, 127.25' feet;
Y 540 34'00"
thence from said point o£ beginning, N 12° 36'25" E, 28.25'; N
W, 90.00'; S 78° 56'45" W, 49.25'; N 67° 09'30 "W, 55.00'; N 55° 28'30" W,
bank0of the$Petaluma River, and* ther termination easterly
described
centerline.
prepared b
Description: Sonoma,CA Document- year.DoclD 1990.103116 Page: 2`of 4
Order: LBoinski Comment:
.RCCOROIN6 1!tIFASI1ESTfLrO ��-
CZT-- OF PETALUMA
wi7nLWowNY AC[AW. MAIL TI.t7CD4 NKNTe L74
Na. City of Petaluma
A..." . post and English Streets
c,1r Petaluma, CA 94952
Titic Order No. Escrow No.
II
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AT REQUEST F:
10/171
5
Attachment 3
1990 0103116
OFFicIAL RECORDS OF
B/MA PAOa PETERSON
12:43:40 4
.00 PGS:
. CIO
I51i6ACE 011110VE'r"110 LINK pnn RIECOt! OZOWS RISE
EAS IXEn
GRL zi -A-L DEED
NOZIE .................. and is
The undersigned declares that the documentary transfer tax is $ .................. ........_.
....................... .............
[] computed on the full value of the interest ar praPerty conveyed, or is
£n£i►g thereon at the ti
comnute3 on the full value lesa the value of liens oir encumbrances rerna
[] the of sale. The land,
tenements or realty is located in Petaluma and
city of • "" "'-"
[j unincorporated area. YM Y •.........._of......'...
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acGnow�edged,
S`LVTA R. BROD`1's Trustee under the
esB -roily Trust Agreement
dated i
hereby GRANTIS) to
CITY OF PETALUMA., a Charter City and a DIunicipal Corporation
the following described real property in the City of Pstate of Califormia:
county of Sonoma
SEE MMIBTT "A++ ATTACU D 14,'i2ETO
i
August 29, 1990 3a
e.Ge/
SYLV R. EiRODY, 1lrustee
STATE OF CAIIFORN to
Sonoma I 19 q e tw1e tn tlw tudeeoced. s
COUNTY OF
On As the —day COA4
-� —
Notary pufffc In aril for said County Stacn, personslh/ appearod
1 l NO ?NPIV 8AL OR STAMi�
a g TruBtee A� — y_ —= -
•porwr*ay Known f,��^.,� OFFICIAL SEA
Enos to be the Apf DEN ,tv1, BARRON
In nm or red to No on tho belie aA Y t a Noi• %RY PUBLIC•CALIFORMA
�� VYtto� a,.B t0 file lYrifi'.tl I1uL'urrlerl °' PRII' :CIPAL OFFICE IN
PM30rL_,_._.— R ;" Sni•IOt1A COUNTY
aye ylat BilE tf�ssar�la' M.y Ccml+tnaacn FY.WMS Mar 23. 992
• of Ntotwry Asnassox{'m Parcel 1110. , 007 - 441- 01 -,YT T-- ......
�lA[t TAX 5TATEtiSHtiTS TO hARTt' 5FSOWi't ON FOLLOWING LINE' IF r4o FAA-, TY SSO S OWN• ilA1LASDdRSCT>I"DAHOVF.
Street Aoare"
Nxmc
ar.DoclD 1990.103116 Page: 1 of 4
Description: Sonoma,CA Document- ye
Order: iBoinski comment:
C£q & State
1 7
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EXItiBZT "A"
A 10 foot wide easement for public storm drain easement the centerline
of which is described as £OIlOWS;
Beginning at a point an ihedsbytdeedyrecorded ine0 Lands ficialfRecordsm &
Sylvia Sonoma County Records,
from which point a 3/4"
Document NO. 84- 070611, the easterly corner Of said Lends of
iron pipe tagged LS 5087 marking recorded in book 434 -of Maps
Brody, as shown on that Record of Survey
bears N 36° 22`7.0" E•, 127.25' feet;
28.25 , N ° "
at page 30, Sonoma County Records,
�• 54 34 QO
o " 49.25'; N 67° 09'30 "W, 55.Otl'; N 5S° least W,
thence from said point of beginning, N 12° 36'25' E' Dint on the easterly
W, 90.001; S °78 '56"45 ta, ' more or less, to a p
39.00'; S 78 12'00" W, 749.38 ,
bank o€ the Petaluma River, and the termination Of the herein describe
canterl,ine.
prepared b
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Description: Sonoma,
CA Document- year. Do,XD 1990.103116 Page: 2 of 4 g
Order: LBoinski Comment:
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Description: Sonoma,CA Document- Year,DOCID 1990,.103116 page: 3 of 4
Order: ZBoinski Comment:
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Description: Sonoma,CA Document- Year,DOCID 1990,.103116 page: 3 of 4
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AFTER RECORDING MAIL TO'
City Clerk
P.O. Box 61
City of Pet2�iuna, CA 94953
CERTIFICATV OF ACCEPTANCE
'i-hls is to certqy
that the dWigations and interest in teat property conveyed by
the GR Nr DEED
M
easemen
• V - - atlan, Is hereDY ac�+� --I' . _
red by resolution of the City Council adapt on
20 the City of Petaluma, a CaiNornia municipal c authority co Ire dui authorized otti
on behalf of the City Coun9li pure eta to autttose confer
January
1 t3, 1985, and the Ctty of Petaluma consents to recordation thereof by Y
Dated: October 12
L__. i/h6 t
Manager
ACKNOWLEDGEMENT (Civil Coda Section 1161 (7)
STATE OF CALIFORNIA
as
COUN-TY OF SONOMA )
1� 90 , before me PeraortaiiY app�,red •—
U c tober - ----
On this loth _ --- -y to ttte oit Mang er
kin
John Scharer to tote to the b,� who executed the within InstrumOnt on behalf
acrd known d tome that such City of Petaluma
of the City of Petaluma• a municipal corporation. and acknaw►edge
Of said City of Petalurns,
executed tha S.WTW-
pautetto Lyon, Deputy C leric
Seal City of Petaluma
10
Description: Sonoma,cA Document- Year.DoolD 1990.103116 Page: 4 of 4
order: LBoinski. comment:
WHEN RECORDED RETURN TO:
Department of Community Development
Engineering Division
11 English Street
Petaluma, CA 94952
EASEMENT GRANT DEED
Attachment 4
Beverly Ann Brody, trustee under the Beverly Ann Brody trust agreement trust agreement dated as to an January undivided
one -third (1/3) interest, Allan J. Brody, trustee under th
1990, as to an undivided one -third (1/3) interest an and aided M Nam ra, tr s to Under the Sharon L.
McNamara trust agreement dated 10-4 05,
GRANT(S) TO THE CITY OF PETALUMA, A MUNICIPAL CORPORATION
All that Real Property situate in the City of Petaluma, County of Sonoma ,State of California, described
as:
AND MADE A PART HEREOF MARKED EXHIBIT A
SEE LEGAL DESCRIPTION ATTACHED HERETO
AND PLAT MARKED EXHIBIT "B",
Por.
APN By:
Date
By:
NOTARY PUBLIC CERTIFICATE
A notary public s or other attached, and not the truthfulness, ess hater accuracy, or validity of o of the Individual who signed the document to which
this certificate
STATE OF CALIFORNIA
COUNTY OF SONOMA Personally appeared
On, Before me,
who proved to mndtacknowledged to me that he /she /they executed the same in his/her/their rauthorizeded tot e
within instrument or the entity upon behalf of which
capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s),
the person(s) acted, executed and instrument. I certify under PENALTY OF PERJURY under the
laws of the Staate California eand t thect.
foregoing paragraph
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed herein
is hereby pursuant to Coutncil Resolution/Ordinance lnumber: of Petaluma by order of the
By:
dated 20
And grantee consents to recordation thereof by its duly authorized
officer. Dated:
CITY OF PETALUMA
A Municipal Corporation
MICHAEL A. BIERMAN, CITY MANAGER
11
GRANT DEED SIGNATURE PAGE:
12
EXHIBIT "A'
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
BEING A PORTION OF THE LANDS OF BEVERLY ANN BRODY,
TRUSTEE UNDER THE BEVERLY
ANN BRODY TRUST AGREEMENT DATED APRIL 9, 1992,
AS TO AN UNDIVIDED ONE -THIRD (1/3)
INTEREST AS DESCRIBED BY QUITCLAIM DEED RECORDED UNDER DOCUMENT NUMBER 1997-
51825, ALLAN J. BRODY, TRUSTEE UNDER THE ALLAN J. BRODY TRUST AGREEMENT DATED
JANUARY 24, 1990, AS TO AN UNDIVIDED ONE -THIRD (1/3) INTEREST AS DESCRIBED BY
QUITCLAIM DEED RECORDED UNDER DOCUMENT NUMBER 1997- 92428, AND SHARON L.
OCTOBER R4, TRUSTEE UNDER THE
DIVIDED ONE-THIRD (1 33) INTEREST AS DESCRIBED BY
OCTOBER 4, 2005, AS TO AN UN
QUITCLAIM DEED RECORDED UNDER DOCUMENT NUMBER 2005 - 151416, ALSO BEING A PORTION
OF THE LANDS AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 434 OF MAPS
'AT PAGE 30, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS A TEN
FOOT WIDE E CEINTERLINE OF WHICH S DESCRIBED AS FOW OWSRLY LINE OF MADISON
STREET, T
BEGINNING AT A POINT ON THE WESTERLY SIDE OF MADISON STREET,
SAID POINT LYING
DISTANT SOUTH 36 °22'10" WEST, 127.25 FEET FROM THE MOST NORTHERLY CORNER OF SAID
LANDS THENCE LEAVING SAID STREET NORTH 12 036'25" EAST, 28.25 FEET; THENCE NORTH
05 °45'00" WEST, 40.00 FEET; THENCE NORTH 54 °33'00" WEST, 60.00 FEET; THENCE SOUTH 67 °27'30"
WEST, 78.76 FEET; THENCE NORTH 67 009'30" WEST, 51.33 FEET; THENCE NORTH 55 °28'30" WEST,
39.00 FEET; THENCE NORTH 78 °12'00" WEST, 149.38 FEET TO A POINT ON THE WESTERLY LINE OF
SAID LANDS AND THE POINT OF TERMINATION, SAID POINT LYING DISTANT SOUTH 20 052'40"
WEST, 84.00 FEET; THENCE SOUTH 13 052'00" WEST, 113.50 FEET; THENCE SOUTH 17 006'00" WEST,
75.00 FEET; THENCE SOUTH 29 °56'00" WEST, 5.29 FEET FROM THE NORTH CORNER OF SAID
LANDS.
THE SIDELINES OF SAID STRIP SHALL EXTEND OR TERMINATE AT THE WESTERLY BOUNDARY OF
SAID LANDS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE AFOREMENTIONED RECORD OF SURVEY.
GJ HARM-MINA, III, P.L.S. 7950
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS ~ AND SURVEYORS S - LAND PLANNERS
140 SECOND STREET, 7007 7623122 FAX 707-762-3239 CA 94952
151766LD•SD.doc 13
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