HomeMy WebLinkAboutOrdinance 2401 N.C.S. 04/04/20111
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Introduced by
Mike Healy
ORDINANCE NO. 2401 N.C.S
Seconded by
Gabe Kearney
AUTHORIZING THE EXPENDITURE OF $82,000, PLUS COSTS AND FEES, TO PURCHASE
RIGHT -OF -WAY FROM CONSOLIDATED INDUSTRIES, INC. IN CONNECTION WITH
THE LYNCH CREEK TRAIL PROJECT AND AUTHORIZING CITY MANAGER
TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, Consolidated Industries, Inc. (Grantor) is the owner of a parcel of real property
located at 101 Monroe Street, in the City of Petaluma, County of Sonoma, California, Sonoma
County Assessor's Parcel No. 149- 090 -004 (Parcel); and,
WHEREAS, the City of Petaluma (Grantee) is acquiring from Grantor right -of -way for the
construction, operation and maintenance of a trail; and,
EFFECTIVE DATE
OF ORDINANCE
May 4, 2011
and,
WHEREAS, for such purposes, Grantee intends to construct the trail onto the right -of -way;
WHEREAS, on February 7, 2011, the City Council of the City of Petaluma authorized staff
to negotiate the easement acquisition with the Grantor, resulting in the proposed Agreement for
the Purchase and Sale of Real Property, a copy of which is attached as Exhibit A to Ordinance
and made a part hereof; and,
WHEREAS, a grant deed sufficient to grant the right -of -way will be prepared and
recorded pursuant to the Agreement for the Purchase and Sale of Real Property; and,
WHEREAS, the Project is exempt pursuant to California Environmental Quality Act (CEQA)
pursuant to Title 14, the Code of Regulations ( "CEQA Guidelines "), Section 15301, as the minor
alteration of existing public facilities with negligible or no expansion in use; and,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. The Recitals are true and correct, are incorporated herein by reference as though
fully set forth, and are adopted as findings of the City Council.
Section 2. The City Manager is authorized to execute the Agreement for the Purchase and Sale
of Real Property attached as Exhibit A to Ordinance hereto and all documents necessary to
acquire and accept the right -of -way which is the subject of the Agreement for the Purchase
and Sale of Real Property.
Ordinance No. 2401 N.C.S.
Page 1
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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 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 21St day of March, 2011.
ADOPTED this 4th day of April, 2011 by the following vote:
Ayes: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
Noes: None
Abstain: None
Absent: None
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32 ATTEST:
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38 City Clerk
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Mayor
APPROVED AS TO FORM:
Ordinance No. 2401 N.C.S. Page 2