HomeMy WebLinkAboutStaff Report 3.E 07/11/2005EFFECTIVE DATE
OF ORDINANCE
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3.E
July 11, 2005
ORDINANCE NO. 2215 N.C.S.
Seconded by
ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE GRANT DEEDS TO TRANSFER FEE TITLE OWNERSHIP
OF CITY -OWNED OPEN SPACE PARCELS
TO THE WEST HAVEN (FORMERLY ROCKRIDGE POINTE) HOMEOWNER'S ASSOCIATION
AS PRIVATELY OWNED AND MAINTAINED OPEN SPACE PARCELS IN PERPETUITY
AND RESERVING ALL EXISTING PUBLIC AND PRIVATE ACCESS, UTILITY, ROADWAY,
MAINTENANCE AND CONSTRUCTION EASEMENTS
WHEREAS, in November 2003, the City of Petaluma accepted the dedication of certain
open space parcels as part of the approval of the Final Map for the West Haven (formerly
Rockridge Pointe) subdivision; and,
WHEREAS, said parcels ("A", "B" and "D") were subsequently determined by the U.S. Fish
and Wildlife Services as having habitat critical to the preservation of the California Red -Legged
Frog, a designated endangered species under the federal Endangered Species Act; and,
WHEREAS, the City Council has determined that the ownership of these areas should revert
back to the fee title ownership of the West Haven Homeowners' Association in order to protect the
City from future liability and expenditures related to the maintenance of the California Red -
Legged Frog habitat (which is deemed to be appropriate consideration); and,
WHEREAS, the City Council finds and determines that the proposed transfer will still result in
the designated open space parcels remaining as open space in perpetuity and that designated
public access, utility, roadway, maintenance and construction easements will be maintained and,
therefore, the transfer of fee title ownership to the West Haven Homeowner's Association does not
represent a gift of public funds; and,
WHEREAS, the Charter of the City of Petaluma requires that any transfer of City -owned
property be authorized by ordinance.
THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
Ordinance No. 2215 N.C.S. Page 1
1 Section 1: The City Manager is hereby authorized to execute grant deeds and any other
2 documents to transfer fee title ownership of City -owned open space parcels to the West Haven
3 (formerly Rockridge Pointe) Homeowner's Association as privately -owned and maintained open
4 space parcels in perpetuity and reserving all existing public and private access, utility, roadway,
5 maintenance and construction easements.
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7 INTRODUCED and ordered Rested/Published this 201h day of 2005.
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9 ADOPTED this day of 2005, by the following vote:
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11 AYES
12 NOES:
13 ABSENT:
14 ABSTAIN
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Richard R. Rudnansky, City Attorney
Ordinance No. 2215 N.C.S. Page 2