HomeMy WebLinkAboutStaff Report 5.B 06/19/2017Agenda Item #5.B
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DATE: June 19, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. Jo ° ; ASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Capital Improvements Division Manager
SUBJECT: Introduction of an Ordinance Authorizing Recordation of a Quitclaim Deed under
Document No. 060298 with Novak Property LLC and under Document No.
060299 with Syers Properties I,L.P. and Authorizing the City Manager to Execute
all Required Documents
RECOMMENDATION
It is recommended that the City Council introduce an Ordinance Authorizing Recordation of a
Quitclaim Deed Document No. 060298 with Novak Property LLC (Novak) and Document No.
060299 with Syers Properties I, L.P. (Syers) and Authorizing the City Manager to Execute all
Required Documents.
BACKGROUND
The East Washington Interchange Project, which realigned the on and off ramps, was a joint
project with the City, Sonoma County Transportation Authority, and Caltrans. The new ramp
alignments required property rights acquisitions to build the new ramps and realign utility lines.
The City was required to initiate condemnation proceedings with Syers Properties I, L.P.,
Assessor's Parcel Number 007 - 350 -008, and the Novak Property LLC, Assessor's Parcel
Number 007 - 340 -010, owners of a portion of the Plaza Shopping Center property, in order to
complete the Caltrans -led construction project. The Final Order of Condemnation — Action of
Eminent Domain, Final Order, for Syers, was recorded September 12, 2012. Novak's Final Order
was recorded on January 7, 2014.
DISCUSSION
The Final Orders with Syers and Novak transferred all property rights needed for the
construction of the project to the City of Petaluma rather than to the proper recipient, Caltrans.
The purpose of the two quitclaim deed documents is to release any property rights the City may
have from the City to Caltrans for their maintenance, repair, and access control of U.S. 101. The
areas included in the two respective grant deeds were not previously City- owned, nor does the
City have any interest in this property as shown in Exhibit A, therefore these quitclaims are
issued at the request of Caltrans. These actions were a City responsibility under the inter -local
agreement with Sonoma County Transportation Authority for the interchange project.
The extensive delay from the recordation of the final order until now was largely due to a
delayed response time from Caltrans and a change in direction regarding the method of
property transfer, from a grant deed to a quitclaim.
FINANCIAL IMPACTS
There are no financial impacts to the City regarding the execution of the quitclaim, beyond the
staff time to process this agenda report and quitclaim which will be charged to the project
budget which is adequately funded.
ATTACHMENTS
1. Ordinance
2, Exhibit A to Ordinance — Quitclaim Deeds for Novak and Syers
2
EFFECTIVE DATE
OF ORDINANCE
Introduced by
Attachment 1
ORDINANCE NO. N.C.S.
Seconded by
ORDINANCE AUTHORIZING RECORDATION OF A QUITCLAIM DEED
UNDER DOCUMENT NO. 060298 WITH NOVAK PROPERTY LLC AND UNDER
DOCUMENT NO. 060299 WITH SYERS PROPERTIES I,L.P.AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City-Attorney and City Engineering staff have reviewed the quitclaim deeds
and legal descriptions, noted as `Exhibit A" and have reported them to be in conformity with
applicable City standards and policies, the Subdivision Ordinance and Subdivision Map Act and
such reports have been forwarded to and reviewed by this Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
1. That said grant deeds are hereby approved and shall be carried out; and,
2. The City Manager is hereby authorized and directed to sign the easement grant deeds
thereby offering the utility easements to the State of California Department of
Transportation (Caltrans).
3
RECORDING REQUESTED BY
STATE OF CALIFORNIA
WHEN RECORDED RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440, MS -11A
OAKLAND, CA 94623 -0440
Attn: Julie McDaniel
QUITCLAIM DEED
Attachment 2 - Exhibit A to Ordinance
Space above this line for Recorder's Use
District
Count
Route
Postmile
Number
04
SON
101
8.0 KP
60298 -1
The City of Petaluma, a California Municipal Corporation, hereinafter called GRANTOR, hereby releases
and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all that
real property in City of Petaluma, County of Sonoma, State of California, described as follows:
See Exhibit A, attached.
Transfer Tax Not Applicable: R & T Code 11922
STATE BUSINESS: Free
This is to certify that this document is presented for recordation by the State of California under
Government Code 27383 and is necessary to complete the chain of title of the State to property acquired
by the State of California.
DISTRICT DIRECTOR
BY
MARK L. WEAVER
Deputy District Director
Right of Way and Land Surveys
D4_Quitclaim _ Deed— Corp_FullAcq_ Rev - 2015- 07- 15D4_Qultclaim—Deed 60298 -1 Novak 2017— 4
02- 17.docx
Number
60298 -1
The GRANTOR further understands that the present intention of the STATE is to construct and
maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its
successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining
property contiguous to the property hereby conveyed by reason of the location, construction,
landscaping or maintenance of the highway
Dated:
THE CITY OF PETALUMA, A CALIFORNIA
MUNICIPAL CORPORATION
This is to certify that the State of California, acting by and through the Department of Transportation
(according to Section 27281 of the Government Code), accepts for public purposes the real property
described in this deed and consents to its recordation.
Dated
®r
MALCOLM DOUGHERTY
Director of Transportation
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way and Land Surveys
D4_Quitclaim_Deed_Corp_FullAcq_ Rev _2015- 07- 15D4_Quitclaim_Deed 60298 -1 Novak 2017— 5
02- 17.docx
Number
60298 -1
ACKNOWLEDGMENT
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,
} SS
insert Name and Title of the Officer
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 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
(Seal)
D4_Quitclaim_Deed_Corp_FullAcq_ Rev _2015- 07- 15D4_Quitclaim —Deed 60298 -1 Novak 2017— 6
02- 17.docx
Number
60298 -1
Parcel 1 (60298 -1) as described in that Final Order of Condemnation, recorded January 7,
2014, as Document No. 2014 - 001175, Official Records of the County of Sonoma, described
therein as follows:
"Parcel 1 (60298 -1
Being a portion of the lands of Maria I. Novak, Trustee of the Maria I. Novak, Trust, dated
March 4, 1991, Darlene De Bernardi, successor Trustee under the Joanne Novak St.
Clair Irrevocable Trust Agreement, dated December 23, 1996, and Joseph Felix, a widower
and Stanley M. Felix a married man, as his sole and separate property, as Surviving
Joint Tenants, as described in the Grant Deed recorded May 30, 1973 In Book 2767, Page
460, the Quitclaim Deed recorded March 26, 1991 as Document No. 1991 - 0026172, and
the Quitclaim Deed recorded August 3, 2009 as Document No. 2009 - 076131, all Official
Records of the County of Sonoma, being more particularly described as follows:
Beginning at a point on the existing right of way of the State of California, as said right of
way is described in that Quitclaim Deed from J.L. Novak and Marla I. Novak to the State of
California, filed October 7, 1953 in Book 1233 of Official Records at Page 381, Sonoma
County Records, said point lying at the southwesterly terminus of the course recited as "N.
36 °25'29" E., 884.07 feet" in the last said deed;
thence from said POINT OF BEGINNING, along said existing right of way, North
37 019'06" East, for a distance of 38.829 meters;
thence, leaving said existing right of way, North 74 "58'11" West, for a distance of
29.308 meters;
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 058'37 ", for a distance of 9.737 meters;
thence, along a non - tangent curve to the right, from a tangent that bears, North
81018'34" West *, with a radius of 60.960 meters, through a central angle of 21048,59",
for a distance of 23.212 meters;
thence, North 59 029'33" West, for a distance of 53.992 meters;
thence, North 33 002'56" East for a distance of 1.340 meters;
thence, North 56 057'04" West, for a distance of 49.777 meters;
thence, North 50 053'08" West. for a distance of 18.692 meters;
*Note: bearing in document 2014- 001175 is shown as North 61 018'34" West is in error and
should be North 81 018'34" West.
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Number
60298 -1
thence, North 58 022'44" West. for a distance of 30.000 meters;
thence, North 63 014'46" West, for a distance of 18.239 meters;
thence, North 60 009'13" West, for a distance of 9.556 meters;
thence, North 62 °10'59" West. for a distance of 5.374 meters;
thence, North 58 °22'44" West, for a distance of 0.809 meters to a point on the common
boundary of said lands of Novak, et al, and the lands of Syers Properties 1, L.P., as
described in that Quitclaim Deed filed September 9, 2002,under Document No.
2002135205, Official Records of the County of Sonoma;
thence, along said common boundary, South 36 046'56" West, for a distance of 12.117
meters to a point on said existing right of way of the State of California:
thence, along said right of way, South 55 024'34" East, for a distance of 243.755 meters
to the Point of Beginning.
Containing 4,750 square meters (0.475 hectares), more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights Including access rights,
appurtenant to grantor's remaining property, in and to said freeway.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991 .3 5, Zone 3.
Divide the above distances by 0.999966886, to obtain ground distances."
RECORDING REQUESTED BY
STATE OF CALIFORNIA
WHEN RECORDED RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440, MS -11A
OAKLAND, CA 94623 -0440
Attn: Julie McDaniel
QUITCLAIM DEED
Space above this line for Recorder's Use
District
ounty
Route
Postmile
Number
04
SON
101
8.0 KP
60299 -1
The City of Petaluma, a California Municipal Corporation, hereinafter called GRANTOR, hereby releases
and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all that
real property in City of Petaluma, County of Sonoma, State of California, described as follows:
See Exhibit A, attached.
Transfer Tax Not Applicable: R & T Code 11922
STATE BUSINESS: Free
This is to certify that this document is presented for recordation by the State of California under
Government Code 27383 and is necessary to complete the chain of title of the State to property acquired
by the State of California.
DISTRICT DIRECTOR
BY
MARK L. WEAVER
Deputy District Director
Right of Way and Land Surveys
D4_Quitclaim_Deed_ Corp_ FullAcq_ Rev_2015- 07- 15D4_Quitclaim_Deed 60299 -1 Syers 2017— 9
02- 17.docx
Number
60299 -1
The GRANTOR further understands that the present intention of the STATE is to construct and
maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its
successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining
property contiguous to the property hereby conveyed by reason of the location, construction,
landscaping or maintenance of the highway
Dated:
THE CITY OF PETALUMA, A CALIFORNIA
MUNICIPAL CORPORATION
This is to certify that the State of California, acting by and through the Department of Transportation
(according to Section 27281 of the Government Code), accepts for public purposes the real property
described in this deed and consents to its recordation.
Dated
By
MALCOLM DOUGHERTY
Director of Transportation
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way and Land Surveys
D4_Quitclaim_Deed_Corp_FullAcq_ Rev _2015- 07- 15D4_QUitclaim_Deed 60299 -1 Syers 2017 -10
02- 17.docx
Number
60299 -1
ACKNOWLEDGMENT
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
IXT
personally appeared
} SS
before me, ,
Here insert Name and Title of the Officer
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 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
(Seal)
D4_Quitclaim_Deed_Corp_FullAcq_ Rev _2015- 07- 15D4_QUitclaim —Deed 60299 -1 Syers 2017 -11
02- 17.docx
Number
60299 -1
14"M I
Parcel 1 (60299 -1) as described in that Final Order of Condemnation, recorded September
12, 2012, as Document No. 2012089139, Official Records of the County of Sonoma,
described thereinas follows:
"Parcel 1 (60299 -1
Being a portion of the lands of Syers Properties I, L.P., a California Limited
Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed
September 9, 2002 under Document No. 2002135205, Official Records of the County of
Sonoma, and being more particularly described as follows:
Commencing at a point on the existing right of way of the State of California, as said right
of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to the State
of California, filed October 7, 1953 in Book 1233 of Official Records at Page 381, Sonoma
County Records; said point lying at the southwesterly terminus of the course recited as
"N. 36 025'29" E., 884.07 feet" in the last said deed; thence, from said Point of
Commencement, North 55 °24'34" West, for a distance of 243.755 meters to a point on the
common boundary of said lands of Syers Properties , and the lands of Maria I. Novak,
Trustee of the Maria I. Novak, Trust, dated March 4, 1991, Darlene De Bernardi, successor
Trustee under the Joanne Novak St. Clair Irrevocable Trust Agreement, dated December
23, 1996, and Joseph Felix, a widower and Stanley M. Felix a married man, as his sole and
separate property, as Surviving Joint Tenants, as described in the Grant Deed recorded
May 30, 1973 in Book 2767, Page 460, the Quitclaim Deed recorded March 26, 1991 as
Document No. 1991- 0026172, and the Quitclaim Deed recorded August 3, 2009 as
Document No. 2009 - 076131, all Official Records of the County of Sonoma; thence, along
said common boundary, North 36 046'56" East, for a distance of 12.117 meters to the POINT
OF BEGINNING of the parcel to be herein described;
thence, leaving said common boundary, North 58 °22'44" West, for a distance of
47.248 meters;
thence, South 36 °51'17" West, for a distance of 3.568 meters;
thence, North 55 °24'34" West, for a distance of 23.266 meters;
thence, North 64 004'07" West, for a distance of 3.985 meters;
thence, North 55 024'34" West, for a distance of 87.127 meters;
thence, North 58 010'07" West, for a distance of 114.170 meters to the existing right of way
of the State of California, as said right of way is described in that Quitclaim Deed from J.L.
Novak and Maria I. Novak to the State of California, filed October 7, 1953 in Book 1233 of
Official Records at Page 381, Sonoma County Records;
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Number
60299 -1
thence, along said right of way of the State of California, South 55 °24'34" East, for a
distance of 275.233 meters to the common boundary line between said lands of Syers
Properties I, L.P. and said lands of Novak, et al;
thence, along' said common boundary line, North 36 °46'56" East, for a distance of
12,117 meters to the POINT OF BEGINNING.
Containing 1,469 square meters (0.147 hectares), more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights including access rights, appurtenant
to grantor's remaining property, in and to said freeway.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3. Divide
the above distances by 0.999966886 to obtain ground distances."
13