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Home My WebLink AboutStaff Report 7.A 04/05/2005CITY OF PETALUMA, CALIFOR A p ri 14, 2005 74 AGENDA BILL Agenda Title: Meeting Date: April 4, 2005 Resolution of Intention of the Petaluma City Council to Consider Vacation of Public Right -of -Way (Unimproved Portion of Oak Terrace Way) and Setting a Public Hearing to Consider Said Meeting Time: 3:00 PM Vacation H 7:00 PM Category (check onel: U Consent Calendar U Public Hearing LA New Business ❑ Unfinished Business ❑ Presentation Department: Director: I Contact Person: Phone Number: City Attorney Richard Rudnansky I Richard Rudnansky 778-4362 Cost of Pronosal: None Account Number: N/A Amount Budgeted: None Name of Fund: N/A Attachments to Agenda Packet Item: 1. Resolution of Intention of the Petaluma City Council to Consider Vacation of Public Right -of -Way (Unimproved Portion of Oak Terrace Way) and Setting a Public Hearing to Consider Said Vacation Summary Statement: William Robert Bramblett and Alicia Dolling Keshishian, as trustees of the Bramblett-Keshishian Family Trust ("Bramblett"), and owners of the property located at 717 Oak Terrace ("Existing Property"), filed a quiet title action in Sonoma County Superior Court to quiet title in approximately 7,843 square feet of land ("Disputed Property") which is adjacent to the "Existing Property". Bramblett alleges that they are the owners of the Disputed Property, which is an unpaved portion of a strip of land shown on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913, as Oak Terrace Way. Based on this 1913 subdivision map and Resolution No. 2053 C.S., which accepted the map, there exists an issue of whether the Disputed Property is a street and what ownership interests, if any, the City has in the Disputed Property. Staff is of the opinion that the City has no need or use for the Disputed Property and, therefore, from staff's perspective, the City would have no interest in keeping the Disputed Property, nor is it anticipated that there would be any need for the Disputed Property in the future. The City and Bramblett have discussed a possible resolution of this matter which would include as a component the City vacating and abandoning and quitclaiming any interest the City may have in the disputed property but reserving any necessary easements for utilities that currently exist on the disputed property. The purpose of this agenda item and the resolution is merely to indicate the intent of the Council to consider such abandonment and set a public hearing for the Council's discussion and decision. Recommended Citv Council Action/Sueeested Motion: Review and adopt resolution. Reviewed by Finance Director: Date: Todav's Date: March 24, 2005 M735713A Reviewed bv_City_ Attornev: _ ate: Revision # and Date Revised: Annroved by City Manager: Date: File Code: CITY OF PETALUMA, CALIFORNIA APRIL 4, 2005 (Date of Meeting) AGENDA REPORT FOR RESOLUTION OF INTENTION OF TIME PETALUMA CITY COUNCIL TO CONSIDER VACATION OF PUBLIC RIGHT OF WAY (UNIMPROVED PORTION OF OAK TERRACE WAY) AND SETTING A PUBLIC FEARING TO CONSIDER SAID VACATION 1. EXECUTIVE SUMMARY: William Robert Bramblett and Alicia Dulling Keshishian, as trustees of the Bramblett-Keshishian Family Trust ("BrambletC ), and owners of the property located at 717 Oak Terrace ("Existing Property"), filed a quiet title action in Sonoma County Superior Court to quiet title in approximately 7,843 square feet of land ("Disputed Property") which is adjacent to the "Existing Property". Bramblett alleges that they are the owners of the Disputed Property, which is an unpaved portion of a strip of land shown on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913, as Oak Terrace Way. Based on this 1913 subdivision map and Resolution No. 2053 C.S., which accepted the map, there exists an issue of whether the Disputed Property is a street and what ownership interests, if any, the City has in the Disputed Property. Staff is of the opinion that the City has no need or use for the Disputed Property and, therefore, from staffs perspective, the City would have no interest in keeping the Disputed Property, nor is it anticipated that there would be any need for the Disputed Property in the future. 2. BACKGROUND: Oak Terrace Way is shown as a street on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913. The City of Petaluma, through Resolution No. 2053 C.S., accepted said map. Although a portion of Oak Terrace Way has been improved and is currently being used for vehicular traffic as a public street, another portion of Oak Terrace Way is unpaved and has been impassable for vehicular travel for at least five (5) years. The unimproved portion of Oak Terrace is depicted in Exhibit A of the proposed Resolution attached hereto and is the subject of litigation filed by William Robert Bramblett and Alicia Dolling Keshishian wherein they, as owners of 717 Oak Terrace (adjacent to the subject strip of land), claim all right, title, and interest in said unimproved portion of Oak Terrace Way ("Disputed Property"). Based on the 1913 subdivision map, there is an issue whether or not the City owns the Disputed Property. Staff is of the opinion that the City does not have any need or use for the Disputed Property and, therefore, at least from stalls perspective, the City would have no interest in keeping the property, nor is it anticipated there would be any need for the property in the future. However, to resolve this matter, the Owners have indicated that they are agreeable to (1) paying the City $10,000, (2) agreeing that the development potential of their existing property would not be expanded as a result of any transfer of the Disputed Property by the City to the Owners. In exchange, the City would be required to vacate the Disputed Property pursuant to the Streets and Highways Code, and execute and record a quitclaim deed wherein the City releases any and all interest it may have in the Disputed Property with the exception of any easements for existing utilities. The purpose of this Resolution is to merely indicate the intention of the Council to consider such a vacation and set a date for a public hearing on the matter. 3. ALTERNATIVES: Do not adopt the resolution and thereby not set a date for a public hearing to consider vacation. 4. FINANCIAL IMPACTS: Failure to proceed could result in City incurring additional litigation costs. 5. CONCLUSION: A component to a potential settlement of this matter includes the City vacating and abandoning the "disputed land." The resolution before the Council at this time is a procedural requirement that merely indicates the City's intention to consider the vacation of the disputed land and sets a date for a public hearing on the matter. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: 7. RECOMMENDATION: Council review, consider, and adopt Resolution of Intention of the Petaluma City Council to Consider Vacation of Public Right of Way (Unimproved Portion of Oak Terrace Way) and Setting the Date for a Public Hearing. a73s715vl RESOLUTION NO. N.C.S. OF THE CITY OF PETALUMA, CALIFORNIA RESOLUTION OF INTENTION OF THE PETALUMA CITY COUNCIL TO CONSIDER VACATION OF PUBLIC RIGHT-OF-WAY: (UNIMPROVED PORTION OF OAK TERRACE WAY) AND SETTING THE DATE FOR A PUBLIC HEARING IT IS RESOLVED by the Petaluma City Council that it is the intention of said Council to consider vacation of the public right-of-way (unimproved portion of Oak Terrace Way) as shown on Exhibit "A", attached hereto and incorporated by reference herein, under the provisions of Sections 8300 et seq. of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that a public hearing on the proposed vacation shall be held on May 2, 2005 at the hour of 7:00 p.m. at the City Council Chambers, City Hall, 11 English Street, Petaluma, California, and the Clerk is hereby directed to publish and post a copy of this Resolution upon the property in accordance with the laws of the State of California. PASSED and ADOPTED this 4th day of April, 2005 by the following vote: AYES: NOES: ABSTAIN: ATTEST: CITY OF PETALUMA City Clerk Mayor N733855v1 EXK1B�T A ,s PAgog. MAP 00ASS a- v�� N 4 AWL R99 9 AA TAgoS Y o$yss4+'k"� LEGAL DESCRIPTION SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA. A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY.RECORDER'S OFFICE AS WALL MAP NO. 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT ANb ALIC1A DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT KESHISHINN FAMILY LIVING TRUST: AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000.110928, SONOMA COUNTY RECORDS, SAID CORNER BEING MARKED BY A FIVE-EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29, SONOMA COUNTY RECORDS; THENCE ALONG THE EASTERLY UNE OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY NORTH 45' 02'55* WEST, 203.94 FEET TO A FIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS HEIGHTS FILED IN BOOK 66 OF MAPS AT PAGE 10, SONOMA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 66.25' 10' FAST, 42.96 FEET TO THE EASTERLY LINE OF SAID LOT 451; THENCE ALONG THE EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02'55' EAST, 188.21 FEET; THENCE SOUTH 44° 57" 05' WEST, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,843 SQUARE FEET MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY STEVMJ FRANCHI, P.L.S. 6._ EXPIRATION DATE 12131!06 t . NO. 6368 x.12.31-06 -sII�o3 DATE STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA. CA 94954 TEL 707-762-3122 FAX 707-762-3239 02661Ub1AW im 8TRA7TGW MAP CF THE •Cltr.CFPETAL!M LOT45T LANDS 0f bFAM8GL7T-KEW$1fhW FAMILY LMNO J14UST LAV 2000-710928 (APN 008-.383-022) ti COURSE DATA d N 65'25'10" E 42.98' ti Q S 44 57'05" W 40.00' h LEGEND • FOUND 5j8" ROM RCE 18200 L STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS — LAND SURVEYORS PE1'ALUMA MARM BUSMSS CENTER 775 SAPWOOD DPJM SUM 812 PETAL LIMA, CALIFORNIA 94854 TOT 762 5122 FAX 70T TS2-9259 ' .xxssjK,es�1�sINf02687fXid'81T/Olf1: