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HomeMy WebLinkAboutOrdinance 2592 N.C.S. 12/05/20161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 EFFECTIVE DATE ORDINANCE NO. 2592 N.C.S. OF ORDINANCE January 5, 2017 Introduced by Seconded by Mike Healy Kathy Miller ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT DEED FOR A 10 -FOOT WIDE UNDERGROUND SOLAR EASEMENT TO BEER BARON PROPERTIES, LLC (THE LAGUNITAS BREWING COMPANY) FOR THE PURPOSES OF INSTALLING, OPERATING AND MAINTAINING UNDERGROUND WIRING AND CONDUIT WITHIN CITY OWNED PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 007 - 582 -007, PETALUMA, CA. WHEREAS, the City Engineer and City Attorney have reviewed the easement grant deed and legal description noted as "Exhibit A to the Ordinance" and have reported them to be in 16 conformity with applicable City standards and policies, the Subdivision Ordinance and 17 Subdivision Map Act and such reports have been forwarded to and reviewed by this Council. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 20 FOLLOWS: 21 22 1. That said grant of easement are hereby approved and shall be carried out; and, 23 2. The City Manager is hereby authorized and directed to sign the easement grant deed, 24 attached as "Exhibit A to the Ordinance," thereby offering the underground solar 25 easement to Beer Baron Properties, LLC. 26 27 INTRODUCED and ordered published/posted this 21 st day of November, 2016. 28 Q 30 31 32 33 34 35 ADOPTED this 5th day of December, 2016, by the following vote: Ayes: Albertson, Barrett, Healy, Kearney, Vice Mayor King, Miller Noes: None Abstain: None Absent: Mayor Glass Ordinance No. 2592 N.C.S. Page 1 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: Dave King, Vice Mayor APPROVED AS TO FORM: Claire Cooper, City Clerk Eric W. Danly, Oty Attorney Ordinance No. 2592 N.C.S. Page 2 Exhibit A to Ordinance RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: BE, ER. BARON PROPERTIES, LLC C/O MICHAEL J. BUCKLE AND JOAN B. BUCKLEY 3853 GROVE STREET SONOMA, CA 95476 i1�itDll m SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) R&T 11911— Confirms Title in Grantee's Name C7 unincorporated area 13 computed on full value of interest or property conveyed, or Rl the City of Petaluma 0 full value less value of liens or encumbrances remaining at the time of sale Parcel No, 007582 -007 (ntnl FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Petaluma, a Municipal Corporation and Political Subdivision of the State of California hereby GRANT(s) to Beer Baron Properties, LLC the following real property in the City of Petaluma County of Sonoma, State of California: SEE EXHIBITS "A" AND `B" ATTACHED Dated: Juty 18, 2016 City of Petaluma, a Municipal Corporation and Political Subdivision of the State of California John C. Brown, City Manager 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 SS. before me, FOR NOTARY SEAL OR STAMP a Notary Public, 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 /sho /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ordinance No. 2592 N.C.S. Page 3 EXHIBIT A UNDERGROUND SOLAR EASEMENT The City of Petaluma to Michael J, Buckley and Joan B. Buckley, trustees of the Michael and Joan Buckley Living Trust dated April 21, 1992, A 10 foot wide easement for underground solar electric conduits over the following described property: Beginning at a point on the northeasterly boundary line of the lands of Michael J. Buckley and Joan B. Bu 'ckley, trustees of the Michael and Joan Buckley Living Trust dated April 21, 1992 as said lands are described by deed recorded under Official Records Document Number 1998 - 0155969, Sonoma County Records, from which point a3/4 inch iron pipe tagged LS 5087 marking the most northerly corner of said lands of the Buckley Living Trust bears N 39'40'165" W, 50.25 feet, said point also being on the southwesterly line of the lands of the City of Petaluma, being "Parcel A" as dedicated "for drainage channel purposes" on the final map of "Petaluma Industrial Park, Unit No. 1" filed February 20, 1968 in Book 127 of Maps at Pages 1920, Sonoma County Records; thence from said point of beginning, leaving said northeasterly line of the Buckley Living Trust, N 50°19'44' E, 50.00 feet, to a point in the northeasterly line the herein above referenced "Parcel A ", said point also being on the southwesterly line of the Sonoma /Mann Area Rail Transit District right of way; thence along the northeasterly line of said "Parcel A ", S 39'40'16" E, 10.00 feet; thence leaving said northeasterly line S 50'19'44" W, 50.00 feet, to a point on the northeasterly line of said lands of the Buckley Living Trust; thence along said northeasterly line N 39 °40' 16" W, 10.00 feet, to the point of beginning, affecting an area of 500 square feet. Affects a Portion of APN 007 - 582 -007 The Basis of Bearings for the above description is S 49'24'14" W, being the bearing of the northwesterly line of the lands of Michael J. Buckley and Joan B, Buckley, trustees of the Michael and Joan Buckley Living Trust dated April 21, 1992 as said lands are described by deed recorded under Official Records Document Number 1998 - 0155969, Sonoma County Records, said northwesterly line also being the common lino of Lots 25 & 26 as shown on the final map of "Petaluma Industrial Park, Unit No, 1" filed February 20, 1968 in Book 127 of Maps at Pages 19 -20, Sonoma County Records. Date: , 2016 Prepared by: Paul M. Brown, PLS 5087 Ordinance No. 2592 N.C.S. Page 4 E N N 0 0 5 hi I-- v w Q W N 5i ii 20' PT & T Easement, Book 918 of Official Records, Page 326 314 " Iron Pipe tagged LS 5087 per Corner Record CR968 ixh lb / This exhibit Is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. \,N4 ' o. Point of Beginning 00 5 k9 2 30' Railroad Easement, DN 2004 - 028629, "Parcel 40 — (V -2 -5 #77)'; Book 2810 of Official Records, Page 216 i "mac ?%' 50' 'Parcel A" dedicated to °7 "'�• o the Clty of Peto /u no on "Petaluma Industrial Park, o�91> � Unit No.1', Book 127 of dG��cvG,. Maps, Pages 19 -20 APN 007 -582 -007 rQ P�, LANO SG PAUL M. BROWN o Q- No, PLS 6087 %U Paul M, Brown, PLS 5087 s -3 °� my license expires 6130117 9F OF Job No. 11010 Z VOA �- � o�`�' his► oN o 0 6 °� 0 moo, °o- ��Z N`s►� 4 �. °N^cot Nd, a � s \N b O UNDERGROUND SOLAR EASEMENT adobe associates, inc. civil engineering I land surveying Iwastetvatei 1220 M Dutton, Ave., Santa Rosa, Ca. 95401 E _ P (707) 541 -2300; F (707) 541 -2301 APN 007 - 582 -007 .Z>. June 2016