HomeMy WebLinkAboutAgenda Bill 3.F-Ord 05/17/2004 (2)I •
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EFFECTIVE DATE OF
ORDINANCE
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ORDINANCE NO. 2181 N.C.S.
3.F
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AUTHORIZING
EXECUTION OF AN OPTION AGREEMENT WITH REGENCY REALTY GROUP, INC. FOR A
NONEXCLUSIVE VEHICULAR AND PEDESTRIAN ACCESS EASEMENT, AUTHORIZING
EXECUTION OF AN EASEMENT AGREEMENT UPON SATISFACTION OF ALL REQUIRED
CONDITIONS, AND AUTHORIZING NEGOTIATION AND EXECUTION OF AN AMENDMENT TO
THE FAIRGROUNDS ASSOCIATION LEASE
Introduced by
Seconded by
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
WHEREAS, the City of Petaluma is the owner of the Easement Area described in
Exhibit A to the Option Agreement attached hereto as Exhibit I; and,
WHEREAS, Regency Realty Group, Inc., a Florida corporation ( "RRG ") has an option
to purchase the Kenilworth School Site from the Petaluma Joint Union High School District; and,
WHEREAS, RRG's purchase of the Kenilworth School Site will enable the Petaluma School
District to construct a new junior high school to replace the dilapidated school facilities
currently located on the Kenilworth School Site; and,
WHEREAS, access to the Kenilworth School Site is inadequate to make development
feasible, and RRG desires to acquire the right to obtain a nonexclusive pedestrian and
vehicular easement over the Easement Area in order to improve access to the Kenilworth
School Site and facilitate its development; and,
WHEREAS, the redevelopment of the Kenilworth School Site will be of benefit to the City
and the Community Development Project Area and will be consistent with the redevelopment
plan adopted for the Project Area; and,
WHEREAS, RRG has agreed to undertake certain obligations in connection with the
construction and maintenance of improvements located within the Easement Area and the
provision of replacement parking for the parking spaces currently located within the Easement
Area; and,
Ordinance No. 2181 N.C.S. Page 1
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1 WHEREAS, the Fair Association has agreed in principle that it will execute an
2 amendment to its lease with the City to exclude from the leased premises the Easement Area
3 and the Skateboard /Solar Collector Area, provided the City agrees to add the Payran
4 Firehouse property to the leased premises; and,
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6 WHEREAS, the City Council finds that the actions authorized and granted to the City
7 Manager under this ordinance are exempt from the provisions of the California Environmental
8 Quality Act (CEQA) pursuant to Sections 15061(b) (3), 15303, 15304, and 15333 of the CEQA
9 Guidelines.
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11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,
12 DOES HEREBY ORDAIN AS FOLLOWS:
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14 Section 1 . The City Manager is hereby authorized to execute an Option Agreement
15 substantially in the form attached hereto as Exhibit I pursuant to which RRG shall be
16 granted an option to acquire an easement across the Easement Area described in
17 Exhibit A to the Option Agreement on the terms and conditions set forth in the Option
18 Agreement.
19 Section 2. Provided that all conditions precedent to the exercise of the option have
20 been satisfied, the City Manager is hereby authorized to execute an Easement
21 Agreement substantially in the form attached as Exhibit B to the Option Agreement
22 pursuant to which the Easement would be granted to RRG and RRG would be
23 obligated to construct and maintain street, sidewalk, lighting and landscaping in the
24 Easement Area.
25 Section 3. The City Manager is hereby authorized to negotiate and execute an
26 amendment to the lease by and between the City of Petaluma and the Fourth District
27 Agricultural Association pursuant to which (i) the Easement Area described in Exhibit A
28 to the Option Agreement and the Skateboard /Solar Panel Area described in Exhibit A -1
29 to the Option Agreement would be excluded from the leased premises, and (ii) the
30 Payran Firehouse Property (depicted in Exhibit II) would be added to the leased
31 premises.
32 Section 4. The City Manager is hereby authorized to undertake such further action as
33 necessary to carry out the intent of this Ordinance.
34 Section 5 . If any section, subsection, sentence, clause or phrase or word of this
35 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by
36 a court of competent jurisdiction, such decision shall not affect the validity of the
37 remaining portions of this ordinance. The City Council of the City of Petaluma hereby
38 declares that it would have passed and adopted this ordinance and each and all
39 provisions thereof irrespective of the fact that any one or more of said provisions be
40 declared unconstitutional, unlawful or otherwise invalid.
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42 Section 6 . This ordinance shall become effective thirty (30) days after the date of its
43 adoption by the Petaluma City Council.
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Ordinance No. 2181 N.C.S. Page 2
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Section 7 . The City Clerk is hereby directed to post this ordinance for the period and
in the manner required by the City Charter.
INTRODUCED and ordered posted /wed this 3rd day of May 2004.
ADOPTED this day of 2004, by the following vote:
AYES:
NOES:
ABSENT:
David Glass, Mayor
ATTEST:
APPROVED AS TO FORM:
Gayle Petersen, City Clerk Richard R. Rudnansky, City Attorney
Exhibit I
Ordinance No. 2181 N.C.S.
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