HomeMy WebLinkAboutStaff Report 3.C 07/03/2017DATE: July 3, 2017
Agenda Item #3.0
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St.J�;S E — Director, Public Works and Utilities
Larry Ziffime , P.E. — Capital Improvements Division Manager
SUBJECT: Adoption (Second Reading) 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 Adopt 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
On June 19, 2017, the City Council approved, by a vote of 7-0, the first reading 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. The recommended action provides for a second
reading and adoption of the ordinance.
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
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).
0
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
County
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_Quitclaim_Deed 60298-1 Novak 2017— 3
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
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 60298-1 Novak 2017- 4
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
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 60298-1 Novak 2017— 5
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°19'06" East, for a distance of 38.829 meters;
thence, leaving said existing right of way, North 74058'11" 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 02058'37", 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°29'33" West, for a distance of 53.992 meters;
thence, North 33°02'56" East for a distance of 1.340 meters;
thence, North 56057'04" West, for a distance of 49.777 meters;
thence, North 50053'08" West. for a distance of 18.692 meters;
*Note: bearing in document 2014-001175 is shown as North 6118'34" West is in error and
should be North 81°18'34" West.
D
Number
60298-1
thence, North 58022'44" West. for a distance of 30.000 meters;
thence, North 63014'46" West, for a distance of 18.239 meters;
thence, North 6009'13" West, for a distance of 9.556 meters;
thence, North 6210'59" West. for a distance of 5.374 meters;
thence, North 58022'44" 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 I, 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 3646'56" 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 55024'34" 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 .35, Zone 3.
Divide the above distances by 0.999966886. to obtain ground distances."
►l
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
county—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— 8
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_Quftclaim_Deed_Corp_FullAcq_Rev_2015-07-15D4_Quitclaim_Deed 60299-1 Syers 2017— 9
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
On before me,
} SS
Here 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 60299-1 Syers 2017-10
02-17.docx
L�� Number
60299-1
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. 36025'29" E., 884.07 feet" in the last said deed; thence, from said Point of
Commencement, North 55024'34" 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 36046'56" 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 36051'17" West, for a distance of 3.568 meters;
thence, North 55°24'34" West, for a distance of 23- 266 meters;
thence, North 64004'07" West, for a distance of 3.985 meters;
thence, North 55°24'34" West, for a distance of 87.127 meters;
thence, North 58010'07" 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;
11
LNumber
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."
12