HomeMy WebLinkAboutOrdinance 2243 N.C.S. 06/05/2006 EFFECTIVE DATE ORDINANCE NO. 2243 N.C.S.
OF ®RDINANCE
July 5, 2006
1 Introduced by Seconded by
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4 Pamela Torliatt Mike O'Brien
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8 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
9 RELATING TO ACQUISITION OF EASEMENT FOR CONSTRUCTION OF THE
10 PETALUMA RIVER FLOOD CONTROL PROJECT SHEETPILE WALL
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12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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14 Section 1.
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16 The City of Petaluma is the local sponsor for the Payran Reach Flood Control Project on the
17 Petaluma River.
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19 Section 2.
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21 Pursuant to the project agreement with the U.S. Army Corps of Engineers, the City is obligated to
22 provide all necessary rights of way for construction and maintenance of the Payran Reach Flood
23 Control Project.
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25 Section 3.
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27 The Payran Reach Flood Control Project includes a floodwali along the banks of the Petaluma
28 River at 91 Lakeville Street. This property is owned by the Brody Trust and is leased to Clover-
29 Stornetta Farms.
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31 Section 4.
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33 Completion of the Sheetpile Wall contract on the Flood Control Project requires the acquisition
34 of an easement on the subject property for the construction and future maintenance of the
35 floodwall and tie-backs.
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37 Section 5.
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39 The City prepared a Grant of Easement for the subject property, which is included as Exhibit "A."
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41 Section 6.
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43 The City completed an appraisal. of the subject property and determined just- compensation for
44 the proposed easement is $10,415.
Ordinance No. 2243N.C.S. Page 1
1 Section 7.
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3 The City Manager is authorized to execute all documents and pay just compensation for the
4 acquisition of the easement as described in Exhibit "A".
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6 INTRODUCED and ordered posted/wed this 15th day of May, 2006.
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8 ADOPTED this 5th day of June, 2006 by the following vote:
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11 AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
12 NOES: None
13 ABSENT: Mayor Glass
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19 K ith anev e ayor
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22 ATTEST: APPROVED AS TO FORM:
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24 ~
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26 Claire Cooper, City Clerk Eric W. Danly, City Attorney
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Ordinance No. 2243N.C.S. Page 2
Petcorps- #59
May 12, 2005
~n,
Exhibit
Grant of Easement for
Petaluma River Channel Improvements Project
A grant of easement for Flood Channel Improvements Installation, Construction, Re-
construction, Operation, Repair and Maintenance, said easement being a portion of the
Lands of Brody, as recorded in that certain Document No. 89-106472, Sonoma County
Records, more particularly described as follows:
Commencing at the most easterly corner of said Lands of Brody, being a point on the
northwesterly side of Madison Street, said point is distant 348.4 feet southwesterly from
the most southerly corner of Block 32, as same is laid down and numbered on Harmon's
Map of East Petaluma and as shown on the record of Survey Map filed in Book 434 of
Maps at Page 30, Sonoma County Records; thence leaving Madison Street and along the
northerly line of said lands North 54° 00' West (called South 54° 20' East in deed), 449.4
feet to the most northerly corner of said lands; thence along the northwesterly line of said
lands South 11° 45' West (called South 11° 25' West in deed), 197.20 feet; thence South 28°
08' 00" West, 111.50 feet; thence South 33° 55' 00" West, 169.81 feet to the westerly
corner of said lands; thence leaving said westerly corner and along the southwesterly line
of said lands, South 42° 42' 10" East, 25.00 feet to the Point of Beginning, said point bears
South 42° 42' 10" East, 12.83 feet from a 3/4 inch iron pipe monument shown as being set
on that certain Record of Survey filed in Book 434 of Maps at Page 30, Sonoma County
Records; thence continuing along said southwesterly line South 42° 42' LO" East, 16.00
feet; thence leaving said southwesterly line the following courses and distances: North 16°
49' 43" East, 20.75 feet; thence North 32° 00' 40" East, 90.00 feet; thence North 57° 59' 20"
West, 10.00 feet; thence South 32° 00' 40" West, 105.81 feet more or less to a point on the
southwesterly line of said lands, said point being the True Point of Beginning.
Containing 1,122 square feet, more or less.
The intent of this description is to affect that portion of the lands above described for the
orderly development of the City of Petaluma Flood Project No. 9724. This description was
compiled in the offices of FitzGerald and Associates from record deeds and mapping and
the U.S. Army Corps of Engineers' Petaluma River 40 Year Plan Detailed Project Report
drawings received from the City of Petaluma dated March 13, 1995, and as per revisions
received May 11, 2005, from Winzler and Kelly Consulting Engineers. No gaps nor gores
are intended to be created where record information may be in conflict.
/ ~f 3
Ordinance No. 2243 N.C.S. Page 3
Petcorps-#59
May 12, 2005
Exhibit, page 2
(A portion of A.P. No. 007-041-01)
Basis of Bearings for this description is Book 434 of Maps at Page 30.
Prepared by FitzGerald & Associates:
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T`~~~` JOHN J.
FITZGERA ~ ld ~D,~
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LIC. #4499 ~ ohn J. FitzGerald, P.L.S. 4419 Date
License Renewal 9-30-OS
A Job No. 95-600
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Ordinance No. 2243 N.C.S. Page 4
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Ordinance.No. 2243 N.O.S: Page 5<