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HomeMy WebLinkAboutStaff Report 3.B 07/06/20091 2 3 4 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 W July 6, 2009 EFFECTIVE DATE ORDINANCE NO. 2335 N.C.S. OF ORDINANCE Introduced by Seconded by AUTHORIZING THE EXPENDITURE OF $21,900, PLUS COSTS AND FEES, TO PURCHASE EASEMENTS FROM DAVID P. FRYM AND DALE E. DANIELS ON SONOMA COUNTY ASSESSOR'S PARCEL NUMBERS 007-071-009 AND 007-071-0101N CONNECTION WITH THE PETALUMA RIVER TRAIL ENHANCEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, David P. Frym and Dale E. Daniels (Grantor) are the owners of two parcels of real property located along Petaluma River between Copeland Street and Lakeville Street, in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel Nos. 007- 071-009 and 007-071-010 (Parcels); and, WHEREAS, the City of Petaluma (Grantee) is acquiring from Grantor easements for the construction, operation and maintenance of a river trail; and, WHEREAS, for such purposes, Grantee intends to construct the trail onto the easements; and, WHEREAS, at a closed session on October 28, 2008, the City Council of fhe City of Petaluma authorized staff to negotiate the easements with the Grantor. Staff has successfully reached an agreement for the easements; and, WHEREAS, the City of Petaluma, in consultation with the Grantor, has prepared an easement deed, which is attached to this ordinance as Exhibit A to Ordinance and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The City Manager is authorized to execute all documents related to granting of easement, identified as Exhibit A to Ordinance, with the Grantor on the Parcels Section 2. This action is exempt from the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment as defined under CEQA. Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of Ordinance No. 2335 N.C.S. Page 1 1 2 3 4 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 52 53 competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. This ordinance or a synopsis of it shall be posted and/or published for the period and in the manner required by City charter. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. INTRODUCED and ordered posted/published this 151h day of June 2009. ADOPTED this day of 2009 by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Ordinance No. 2335 N.C.S. Page 2 1 2 3 RECORDED AT THE REQUEST Or THE CrTY OF PETALUMA WHEN RECORDED RETURN TO OFFICE OF THE CITY CLERK CITY OF PETALUMA 11 EtNGU.5H STREET" PEYALUMA, CA 94E5? Decd to PUpfG Agency Exempt from mm,4ing fee per Gay. Code 5.27373 Easement Deed DAVID P. FRYM AND DALE E. DANIELS GC�LNT(S) TO THE CITY OF PETALUMA. A MUNICIPi%L COR30RA'1'10N The foll©Svin- described real property situated in the City afPetaluma, County of Sonoma, State of California FOR DESCRIPTIONS SET' I X111BIT "n" ATTACHED A. P. N. 007-071-//011 Dated ITN—C4 L 20 D 7 _. 1 Y;4 4 rr,I,37 iq h„fs DA P. FRYIvi 135. DALE E. DANIELS Attach Notary Public Acli-towledgement Ordinance No. 2335 N.C.S. Poge 3 2 3 4 5 L, IT N Grant of Puhlic Access Easements And Temporary Construction Easement For Pedestrian and Bike Path City ofPetaloma River'T'rail Enhancement Project No. 0200503 Being a portion of the lands of Frym, as described in thar certain deed recorded as Document No. 2005-062394, Official Records, Sano€na County Records, more particularly described as follows: Being a grant of eascment for Public Access/Pcdestrian and Bikc Path, including Construction, Reconstt-flction, Repair and Maintenance. Said ensemcnt is described as f llows: PARCEL ONE Commencing at a point marked by an iron pipe (called for in above mentioned deed), said pipe being on the southwesterly line of Lakeville Street (called Hopper Street in said deed), from which point the inicrsectinn of said Southwesterly line with the Noahwastcrly line of Aladison Street bears South 54° 09` East, 176.10 feet distant; thence from said point of commencement and along the southeasterly lime of the Lands of Tv1cC=nn as said lands are described in that certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records, South 33" 19'20" West, 64.40 feet to a deed calf iron pipe; thence continuing along the lands of McCann, North 56' 2T40" West, 53.97 feet to the True Point of Beginning; thence front said Point of Beginning and leaving said lands of McCann, South 10° 56' West, 291 feet rnorc or iess to tie Northeasterly lure of the right of way of the Petaluma and Santa Rosa Railway Company (SJO.A.R.T.); thcaca nordiwesmrly alring the Nurtheaswrly line of .said right of way, 50.7 feet more or less to the point of imerscclion of said Northeasterly line with lie Easterly line of die 30 foot exception to Parcel One, as said exception is described in said Document No. 88-005432; thence northerly along the Easterly line of said exception 285 feet more or less to the Southwesterly line of said lands of McCann; drencc Saudi 56° 24'40" East, 47.6 feet more or less in lite True Point of Begi►ming. Excepting therefrom any portion of Parcel One above described lying westerly of the face of an existing steel sheet pile wall (Petaluma Rivttr flood channci). Containing 4,365 sentare feet, more or less. PARCEL'i'WO Commencing at a point marked by an iron pipe (called fur in above €ncntioned deed), said pipe being on the southwesterly lino of LalceV ille Strzei {calle(I hopper Street in said deed), from which point the intersection of slid Southwcsicrly line %voli tine Norrliwesterly line of Madison Street bears South 54` 09' East, 176.10 feet distant; thence from said point of commencement and along the southeasterly line of tie Lands of h4cCann as said Iands are described in that certain deed recorded in Book 2B20, Official Records, of Page'210, Sonans County Records, I11A1l,:li.l�IaNV-i'el1'.4'F".tVlf. Ct13 [lFV,IIk{:)l I IFLiII Pagc 1 of Ordinance No. 2335 N.C.S_ Page 4 South 33° I T 20" West, 64.40 feet to a deed call iron pipe; thence continuing along the lands of McCann, North 56' 24'40" West, 53.97 feet; thence leaving said ]ands of McCann, South 10" 56' West, 391 feet more or less to an angle point on the Northeasterly line of the right of way of the Petaluma and Santa Rosa Railway Company (S.M.A.R.T.) said Lands are described in that certain deed recorded in Book 209 of Deeds, at Page 66, Official Records, Sonoma County Records; said angle point being the True Point of Beginning of the land herein described thence [Torn said Paint of Beginning and continuing South 10° 56' West 12.00 feet more or less to a paint on said nurtheasterly line of said Railway right-of-way; thence following said northeasterly line in a northwesterly direction 6.00 feet more or less to an angle point in said northeasterly Zine; thence continuing along said line northeasterly 21.00 feet more or less to the Point of Beginning. Contuining 30 square feet more or less. Reserving, however to the landowners, their heirs and assigns, all such rights and privileges my be used without interfering with or abridging the rights and easement hereby acquired; subject however to any existing easements. Together with a Temnornry Consti-radion Easement Together with a temporary construction easement with the right of immediate entry for all purposes necessary to conform grades and drainage between adjacent property and the project construction. Such purposes, ns necessary, including the right to, but not limited to, grading, borrowing and/or depositing fill, spoil and waste materials d3ercon, to move, store and remove equipment and supplies, to erect and remove temporary structures ou tete land, removal of existing miscellancovs improvements, reconstruction of existing improvements, which may be conformed, as may be needed, beyond the tcmpnmry construction easement, and to perform any other work necessary and incident to the construction of said Pedestrian and BilcePath. Said Temporary Construction Easement is described as follows: Being a 13 -font wide strip of Iand lying easterly of and adjouzing the courses Send) 10° 56' West as said courses are described in Grant of Easement Parcels "One' rmd "Two" above. It is die intent that the sideline of the above described easement be, extended ar foreshortened at its begutning or termination to join property or easement boundaries. Containing 3,939 ,square feel more or less. Reserving, however to the landowner, their heirs and assigns, all such rights and privileges as my be used without interfering with or abridging the rights and easement hereby acquired; subject however to any existing easements. Said temporary construction easement shall terminate upon the filing of the Notice of Completion for the City ot'Petalunia Project No. 3334-54110-C500505. •,,,,:V00: r -,,•., .,«gin, , p h„ , 3-.,.,.A Wr, Pnge 2 of 4 Ordinance No. 2335 N.C.S. Page 5 1 2 ©osis of bearings for the above descriptions is the aforementioned Fryin dccd. The intent of this description is to affect that pnrtimi of the lands above described for the orderly development of the City of Petaluma `River Trail Enhancement Project 0200503." The description was compiled in the offices of CSNY/Stubcr-Stroeh Engineering Group, Inc. from record deeds and mapping and the U.S. Army Corps of Engineers Petaluma River 40 Year Plan Detailed Project drawings received from the City of Petalwna dated March 13, 1995. No gaps nor bores arc intended to be created where record information may be in conflict _ (A.P.N.'s 007-071-009 &, 010) l'r:pared by; CSW/STUBER-STROi~I-I ENGINEERING GROUP, INC. AND 1oltn I. 1--itz6crald,111.& n 4419 (Date (License Renumal 9-30-09) �= trtr�j JOHN 1. C` If y I FITL&ERALA File: 4_ I0=1R•00B Date: April 1, 2008 ti (Pr4jcct Parcel t12)% LIC.9419 OF CALt4a IVCII n6 1 Page3 rut Ordinance No. 2335 N.C.S. Page 6 1 COUNTY ASSESSc 04 . -LAKFVILLf Nl4 cp➢'N'7 erv' jr67 e E 4r.6\ 1 N alp tI T d � 9 /O 13, TC r: I r I r PPs GEIS Ot�1rr, �1a ` }3,Vq j , 1- � 1: �JCIItt1If Rrly , = 24 161 f �iCC qs_ 17 /a. flaoa Well Ppry 4�- �22553 I S �!_ ` x(16) I �r h f� 30 5F ~\ CO NU Ordinance No. 2335 N-C.S. Page 7 ACKNOWLEDGMENT state of California[C County of Joy FY)f L r On I7�Irvra! H !�r a y before me, sG�V'J'Vv/k,y r�i�sc (insert name and title of the officer) personally appeared �1 4 vld p iti'H who p oved to me on the basis of satisfae rY evidence to be the person(s) whose names) islarE subscribed to the within instrument and acknowledged to me that Me! hetahey executed lihe same in hisloefitljpif authorized capacity as], and that by hisl�erfl%eir signature�a] on the instrument the personK,or the entity upon behalf of which the personKacted, executed the instrument- s certify ander PENALTY OF PERJURY under the laws of the Slate of California (hal the foregoing paragraph Is true and correct, G.F HOHNSBY GQMM. :1yG6856 WITNESS my hand and official seat. U .-o. ;LShrrornRv�ueuc.caurpnnin 1r suunraa ceuNry 1 My Camm caFrax /ar/htl, 2909 signatures �-1 � � [Seal] Ordinance No. 2335 N.C.S. Page 8