HomeMy WebLinkAboutResolution 2016-015 N.C.S. 02/01/2016Resolution No. 2016 -015 N.C.S.
of the City of Petaluma, California
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 2;
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WHEREAS, the public utility easement will be superseded by relocation and there are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 2, 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.
BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy
of this Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office
of the Recorder of Sonoma County, California.
Resolution No. 2016 -015 N.C.S. Page 1
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute any necessary documents of conveyance.
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 I51 day of February,
2016, by the following vote:
City
Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
None
None
None
City Clerk
ayor
as to
Resolution No. 2016 -015 N.C.S. Page 2
Attachment 1
RECORDING REQt1EsED BY:
First American Title Company
Order # 4901- 4899836
APN 007- 041 -001
WHEN RECORDED MAIL TO
Curt Bates
City of Petaluma
11 English Street
Petaluma, CA 94952
Quitclaim 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 PETALUMA, 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 -third (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(s) Isjare 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 signatures(s) on the Instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed and Instrument.
I certify under PENALTY OF PERJURY
under the laws of the $late of California
that the foregoing paragraph is true and
correct.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Resolution No. 2016 -015 N.C.S. Page 3
EXHIBIT "A"
A 10 foot pride easement for public storm drain easement the centerline
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 point a 3/4"
iron 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 County .Records, beans N 36° 22'10" S, 127.25' feet;
thence from said point of beginning, N 12° 36'25" E, 28.25'; N 54° 34'00"
W, 90.00'; S 78° 56'45" W, 49.25'; N 67° 09'30 "W, 55.00'; N .S5° 28'30" W,
39.00'; S 78° 12'00" W, 149.38`, more or less, to a point on the easterly
bank of the Petaluma River, and the termination of the herein described
centerline.
prepared b
license expires
It
Resolution No, 2016 -015 N.C.S. Page 4
, itrcLDRD[ma RCQaJ1C Tzo
CIT"f OF PETALIS A
Attachment 2
AND WHXM PSCORDIEP MAIL THIS pCYO AND. UHLRln OTH104.
WIXX SHOWN ■CLIDW. MAIL TAX 1117ATRMCNTYr TO'
Nat`= City of Petaluma
�*�*• P05t and English Streets
Petaluma, CA 94952
!true
Title Order No. Escrow 10,
AT REQUEST OR
10/17f19)90
b'EE : 1; (
11^r is L
1990 0103116
OFFICIAL RECORDS OF
SOldOMA COUNTY
BERNICE A. PETERSON
12:43x40
.00 PGS: 4
. QO
I — 51FIACiC ^MOVE THhS L. NN: FI ?R RCCOMOR IS UMIE
EAS FMENT
GRArkyff DIETED
!tort)
The undersigrtcd decIarrs that the documentary transfer ter in $ ................................................... ............................... and in
❑ computed on the full value of the interest or property conveyed, or is
❑ computed on the full value less the value of liens oir encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
❑ unincorporated a Petaluma
rea X91 city of .........................................................._........ ............................... and
FOR A VALUABLE CONSIDERATION, r"mipt of which is hereby Acknowledgtd,
SY"L,VIA R. BRODV, Trustee under the Brody Trust Agreement;
dated September 7. I984
hereby GRANT!$) la
CITY OF PETALUMA, a Charter City and a Municipal Corporation
the following described real property in the City of Petaluma
county of Sonoma , state of Califorthiat
SEE M0111IXT "At1 ATTACHED k?WRET.'O
August 29. 1990 .1417
SYLV R, f?IRODY, Trustee
STATE OF CALIFORNIA
COUNTY OF 4 Sonoma
5�5.
--- - -
On this the _ - day of "`%�
19 Uo1a►e Inn ttt• txvdaraJgrled, a
Notary PuNio In and for ea0.i Coaurty mr-d S1ata, personally appeared
_ - --.
I`�ApY g
S} lvio R. Br_adyt Trustee
personalty known
I
to rr,d or pnor,ad to mts on t}tb beesfe aR r&dwfacLOry eYidsnca to bID tits
persort, whaz9ename I-H %LIi;16 OdlOtt%JWIt3tirilr4ltrtCfTlOnt
=^•,s OFF101At SEAL, 'f
N1.4BARoON� �
I a_7t.�,'r, nRoi�UaEN
N'�:'""" ,��
arvJ mdr that She ertsCUtod "'a aarrrls.
fe.
apLr;Ctr+At OFFIOE IN
,.
60HOMA Cot>.vrr
•
^I:s,a. Fa�arts fje,, 23. +942
�=- e• =.:v:a- �c�rw�r+-
s.gnatu In
Aue"o }'a Parcel N10.. 007- ;C3?}1 -0
MAIL TAX STATEMENTS TO r'AItTY SNOR'Y ON FOLLOWINC,
LINE; IF NO PARTY SOS UWN, MAIL ABDIflEt TBDAaot+F.
Street
Resolution No. 2016 -015 N.C.S. Page 5
EXHIBIT "A"
A 10 foot wide easement for public storm drain easement the centerline
of which is described as follows,
Beginning at a point on the southerly line of the bends of William &
Sylvia R. Brody as described by deed recorded in Official Records
Document No. 84- 070611, Sonoma County Records, from which point, a 3%4"
iron pipe tagged LS 5087 marking the easterly corner of said Lands of
Brody, as shown on that Record of Sucyey recorded in book 434 of Maps
at page 30, Sonoma County Records, bears N 36° 22'10" E., 127.25' feet;
thonca from said point: of beginning, N 12' 36'25" E, 28.25'; N 54' 34'00"
14, 90,001; S 78° 56'45" W, 49.25'; N 67° 09'30 "W, 55.00'; K 55° 28'30" W,
39.00'; S 78° 12'00" W, 149.38`, more or loos, to a point on the easterly
bank of the Petaluma River, and the termination of the herein described
centerline.
preFared
Resolution No. 2016 -015 N.C.S. Page 6
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Resolution No. 2016 -015 N.C.S. Page 7 j
AFTER RECORE31NG MAIL TO:
City Clerk
P.O. Box al
City of Petaluma, CA 94953
CERTIFICATE; OF ACCEPTANCfE
This is to cenity that the obligations and interest In real property conveyed by
the GRhNr DEED
from SY LVIA R. RR Y
for I U loot wide easement ror pu is storm dr9in easement older- tornetta
Portion of AI' 007- 041 -01 (Lakeville StroeVlAadison Street)
io the City o1 Petaluma, a California municipal corporation, to hereby accepted by the undersigned official
on behalf of the City Counctl pursuant to authority conferred by rosolution of the City Council adopted on
January 18, 1966, and the City of Petaluma consents to recordation thereof by its duty authorized officer,
Dated: October 12 119 90
ACKNOWLEDGEMENT (Civil Code Section 1 181 (7)
STATE OF CAUFORNIA )
) Be
COUNTY OF SONOMA )
7
H�/" //� 4�'
ofty Manager
On this 12th day of October .19 90 , betore me personalty appeared,
John Scharer , known to the to be the City Manager
of the City of Petaluma, and known to mo to be tha person who executed the within Instrument on behait
of said City of Petaluma. a munlclpal corporation, and atdmowledgod to Mme that such City of PetsJuma
executed the sarno,
Seal Patutette Lyon, Deputy Cl leiic
City Of Petaluma
Resolution No. 2016 -015 N.C.S. Page 8
wIIEN RECORDED RETURN TO:
Attachment 3
Department of Community Development
Engineering Division
11 English Street
Petaluma, CA 94952
EASEMENT GRANT DEED
Beverly Ann Brody, trustee under the Beverly Ann Brody trust agreement dated April 9, 1992, as to an undivided
one -third (1/3) interest, Allan 3, Brody, trustee under the Allan 1. 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.
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:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"
AND PLAT MARKED EXHIBIT "B ".
Por,
APN
Date By:
By:
NOTARY PUBLIC CERTIFICATE
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 SONOMA
On, Before me, Personally appeared
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 signatures(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed and instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the
foregoing paragraph is true and correct.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed herein
Is hereby accepted by order of the Council of the City of Petaluma
pursuant to Council Resolution /Ordinance number:
dated , 20
And grantee consonts to recordation thereof by its duly authorized
officer.
By:
Dated:
NO TAX DUE
CITY OF PETALUMA
A Municipal Corporation
MICHAEL A. BIERMAN, CITY MANAGER
Resolution No. 2016 -015 N.C.S. Page 9
GRANT DEED SIGNATURE PAGE:
By:
By:
Resolution No. 2016 -015 N.C.S. Page 10
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.
MCNAMARA, TRUSTEE UNDER THE SHARON L. MCNAMARA TRUST AGREEMENT DATED
OCTOBER 4, 2005, AS TO AN UNDIVIDED ONE -THIRD (1/3) INTEREST AS DESCRIBED BY
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 STRIP OF LAND EXTENDING FROM THE NORTHWESTERLY LINE OF MADISON
STREET, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY SIDE OF MADISON STREET, SAID POINT LYING
DISTANT SOUTH 36 022'10" WEST, 127.25 FEET FROM THE MOST NORTHERLY CORNER OF SAID
LANDS, THENCE LEAVING SAID STREET NORTH 12 °36'25" EAST, 28,25 FEET; THENCE NORTH
05`4600" WEST, 40.00 FEET; THENCE NORTH 54 °33'00" WEST, 60.00 FEET; THENCE SOUTH 67 027'30"
WEST, 78.76 FEET; THENCE NORTH 67 °09'30" 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 °52'00" WEST, 113,50 FEET; THENCE SOUTH 17 °06'00" 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 HARMINA, III, P.L.S, 7950
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707. 762 -3122 FAX 707 - 762 -3239
151766LD•SDAoc
Resolution No. 2016 -015 N.C.S. Page 11
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