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HomeMy WebLinkAboutAgenda Bill 5.D 11/01/20042 1 0 CITY OFTETALUMA, CALIFORNIA A GEN DA ILL A ;A nend ': D and action regarding the introduction of Meeting Date November 1, 2004: , brdin Tide iscussion ance to accept donation of a parcel of 11:04 acres of reap na Office Park' g ,.,,pro pert from Mari'- 1 at tonce �n the; Meeting Time 1Vg Crt Manager City g to ex ecute .a CerY ficate of certain 11 � 7.00 PM I conditions. f6met. Category (check one) ;Consent Calendar 1 Public ]hearing; New Business ❑ Unfinished Business ❑ Presentation D Director Contact Per Phone Number City Manager Mike Bierman Mike'Bierman `778 -4345 Tyartn�eg Cost of Proposal 0` Account Number NA Amount Bud ete& 0 _ . Name of FundilNA Attachments._to AnendiPacket Item 1. 'Oidiba'n ace 'tin a onation of °a parcel of real property from Marina Office Park Associates and authorizing, the e Ci ty Manager t o execute a Certificate of Acceptance�once: certain conditions are met Exhibit I L Legal Description of Real 'Property to be Donated Exhibit II — Reproduction of City of Petaluma Parcel Map 2,71 Summary °"Statement On July 22, 2084, Borue O'Brien Managing General Partner of M anna , contacted the City Manager with an. offer .to., donate Crt a parcel of land .;to the y ,,of Petaluma. The subject parcel consists of approximately '1.04 acres of undevelo open, space, a ,portion, of the Marina P.C.D., with n ed 'zoning approvals for 5 12 asquare feet office space' d 12,000 ;square' feet `for retail/commercial uses, together with the, right to donation is .expressly conditioned witlunlcalendar yeas' ..2 04.acIn order to acco' on the,transaction closin mplish this the ordinance must be ed on November 1 and .adopted on November, 15, `in .order to become effective ..on. December 1'5, 2004 , i 'to meet the conditions stated in MOPA's offer. ; Recommended City °Council Action/SueLyested Motion It is recommended that Ithe City Council hold the first read ' ing and., introduction of the attached ordinance accepting a donation " f a� parcel of real pro from Mari na Office Park Associates and authorizing the City Manager 'to execute a Certificate f Acceptance, and past the Ordinance to its second reading on November 1 ^5,� 2004; .. Director: Rev by Pinanc .. Revi ewed�by Ci Attorney Anpr oved;b i Mana er: / ate: Date Today's: Date Revision,# and Date Revised: File`Code: - 11 ## 10/26/04 1 1 0 CITY OF PETAi.UIYIA', C AL IF O RN IA NO VEMBER l; 2004 AGENDA REPORT FOR ' DISCUSSION AND ACTION,REGARD NG' TIIE INTRODUCTION` OF AN ® RIDINA14CE ACCEPTINGA DONATION OF'ATARCEL OFR EAL PROPERTY FRO1VI MARINA OFFICE PA_ RK ASSOCIATES AND AUTI`I®RIZING THE CITY MANAGER TO: EXECUTE A C ERTIFICATK OF ACCEPTANCE it • 1. EXECUTIVE SUMM ARY AND BACi GItOLJNID ' • On July 22, 2004 Borue O'Bnenl .Managing General Partner of Marina Office Park Associates, contacted the City Manager with offer°to donate a parcel of land4o the' , City of Petaluma: The Marina R C D., with zo ng approvals for 12,000 s ware feet olffice s open space, a ace and 12 000 square uare the .. q p q feet of retail/commercial uses, togethervith the right to use 80 "improved; parking. spaces. The offer of donation is expressly conditione&on,the transaction closing within calendar.year'2004. report.indicatessthatchere is pprox_'mately $•1,962 in ou against the parcel. The preliminary There are no outstanding si ificant liens or encumbrances 2004 O5; and thatthe parcel, was.reassessed under the° (standing Countyand City taxes for FY p "Notice of Reassessment" recorded on June I. 28, 2004. Tax liabili ty for'the parcel, should remain approximately he same in upcoming years. p Threei ease ghway.easem nt. The,'easements benefit the Ci , rt ' , at iv ely, except and sewer in.the Preliminar ments on the ro ert are itle R o for w lines and a hi of Petaluma exclusiv dl' easement, which benefits botYi, the City and the;,State.. for the highway e d do ally t d are19wenarits, Conditions and Restrictions burdening the .parcel, which were originally y 0,and amended. twice, in 1993 ,and 2000. The parcel is part of the taluma Marina,, wners' Association" and is currently entitled to use.of 120 parking'spaces located on another part of the property. The spaces are built but not yet designated': Thepowner number f spacesabu es-to ed to th per's association for, maintenance of the spaces, bise&upor the P roperty. MOPA;has only: offered •80 spaces alog with the;parcel;:and at,the December 7 owners' associa ion mee m e ssociahon w, I i consider an amendment to r u assigned to Lot 4 to 80; at thesamejiihe the contribution for`ut 4 would uce the number-of spaces c ld be adjusted down. accordingly: NIOPA cannot guarantee that;th amendment° reducing °the number of assigned ecember 7 O'Brien � becauseun nt isrequired aminous conse;, If the amendmentidoes not ass however, Mr, meetin spaces to Will ass at the pass, , „ has indicated Ghat MOPA would enter into an v agreement with the <City to pay one -third of the assessment for the parcel. The ordinance contains an express condition to that effect. Finally, there is, an. additional easement appurtenant across Lot 4, as.servient tenement, for the benefit of adjacent Lot 5, as�don inant tenement for vehicular and pedestrian ingress and egress. The recorded easemerif authorizes, pedestrian and vehicular traffic through Lot 4 and.authorizes- the owner of,Lot 5, atitsown cost; to sever and subdivide the easement;area of Lot4, for 'the express purposeiof'conveying fee.simpTe.titI61o1fie1ot 4 easement <dea to the.:owner'of Lotus, without com ensation. . Regulafniaintenance of the lot 4 easement area is the 'obligati'on of the- p owner Lot 5: Werecommend Phase 1 `Environmentai Assessment of the parcel, to, ensure�thanhe City is not accepting contaminated l'andahat -will, require,reinediation. The ordinance'accepting the property should be. conditioned on a,cleawasses"sment, and the City.,ai d`MOPA will'haveFto negotiate regardinghow the :assessment "will be, funded". Finally;, the the ordinance,is also conditioned: on 1VIbRA delivering title';that is clear"of any,outstanding liens, encumbrances, assessments, and "taxes:` 2. AL fVkNAnyE I S A Pass First: Reading of Ihe Ordinance Under this option, the' City Council would hold the first reading of the proposed ordinance ,accepting it donation -,of a parcel .,of real, .property from Marina Office Park Associates and authorizing �tlie ;City Manager p , to its secon and' ass the Ordinance d` reading to execute; a Certificate Hof Acce tance p on November 15,, 2604. „ B. Decline I& Hold the ;First Reading: Under this option ,,`the City Council would'defer p this aiternative willureory timeframes for consideration of the " A consideration and adoption ..ordinance. Und p � ion o Y rdinances rider the City unable. ' _ y end of calendar year 2004,' as eondihoned in the to com ete the transaction b the offer, and therefore the Cif would,be unable'to accept the donation. 3. F 4AN CI ALj Mr ACTS : As owners of the, roperty he City will be, required , to contribute ;toward :annual owe r,'s ", p association dues based_ on dumber of parking spaces assigned' to "the property. 'The City, already contributes toward the Association, but -ifs" contribution. would be i_ncrease&based on holdingadditionalproperty in the Association. 1n ;addition ;the City maybe liable for certain annual ,taxes for, the property, which totaled -approximately $ 1;962 in. FY2004 -0'S, 4. CONCLUSION If the Ci ty, wants to accept this donation of property which is expressly. conditioned on � . the transaction closing by the end of calendar year 2004; "it must ,act on this ordinance dur wihe'November 1 and November 15 city council sessions, so that the ordinance will become effective on December 15. 5. It ECOMMENDATION it .is ,recommended that 'the City Council, hold the first reading of the attached ordinance and pass it to its second reading'on November 15,'2064., r b a... r . o {�. AN ORDINANCE OF TgIE COUNCIL OFT U1�A HE `CITY OE PETAL ACCEPTING. A "'DONATION OF,1:04 ACRES OF REALI PROPER'L'Y FROM MARINA OFFICE PARK ASSUCIA, TES AND AU..THORIZING THE CITY. MANAGER TO'' EXECUTE`.A CERTIFICATED OF ACCE'I'TANCE FOR THE PARCEL (APN 005 -060- 065- 00.0)' ORDINANCE', NO,, N.C.S. Introduced by S . econded by ' e BE IT ORDAINED' BY THE COUNCIL OF, THE CITY .OF PETALUMA AS' FOLLOWS: WHEREAS, Marina Office Park Associates ( "MOPA ") a California Limited aa fee' s rtnershi y iri imple '' a "parcel of p land in the City. 'of Petaluma consisting of pj approximately 1.04 acres that m a portion .of the Marina P'.0 D.' (APN 005- 060 - 065- 000; the "Property); and WHEREAS, MOPA has unconditionally offered to donate° the Property to the City so. long as the transaction is• completed within calendar year 2004; and WHEREAS pursuant to Government Code Section 37354,, the - legislative body,of a city may P. accept a gifft of land to the City; and, WHERE gS, pursuant, P s Ytion 4'6 of°the'Petaluma City CharE er the City Council must adopt an ordinance to ac lure real ro ert • and WHEREAS, the City Council finds that it is desirable l tal Auire fee e sim ri le .title to Env ronmen the Pro a conditioned u on successful results,�'from a Phase a d further conditioned upon title being delivered. to the City_ clear i1of any outstanding; taxes; assessments, liens or othepmonetary. encumbrances; and ` WHEREAS, 'the: Gity Council finds that the ac`' to p conveyance ance of a. arcel of prop _rts ' e g to the City Manager Lions authorized and gr potentiahto result in a direct or reaso ably'foreseeable mdec physical 'changenn t tate do not have ;tlie s he environment,' and therefore is not. subject to the California Environmental. Quality Act; NOW, 'THEREFORE, °THE CITY COUNCIL OF' THE: ,CITY I OF PETALUIVMA, CALIFORNIA, DOES HEREBY O)<tIDAIN AS `FOLLOWS: 'Section n p ecution and delivery y fa a , ant conditioned upon .com leton of a •Phase 1 Envir r the Property, and 1 .. Upon ex ire b ° MOPA deed fo satisfaction of `the City, onmental Assessment; indicating to the P Manager that the property is not contaminated in any way, and further 1 01 conditioned upon' `delivery "of title to the Property that' is clear bf any outstanding assessments, taxes, liens or other monetary encumbrance "s; the 'City Council accepts the conveyance of the Property from 1vMOPA, Section 2 . Acceptance of the Property is ;further conditioned on the City contributing to the Petaluma Marina Owners' " Associati on based no more titan 80' parking spaces assigned to the nu ber: of ass he ed s tr aces "at its Decembers make the necessary amendments' ao reduce, the y , Cit Ma Z� P tin g, the ' ,authorized to enter;into° an. agreement on behalf of the City to obligate the Petaluma Mar . ina, Owners' Association or any., other person_or entity'to pay for' all Owners' Association assessments for the Property beyond 80 parking!spaces, and..acceptance of the:Propertyis "conditioned,on execution of said agreemer t: hereby.authorized. and directed to execute a Certificate of Acce ,t are met the City" Manager is Section 3. If when the conditions of, Sections 1 'and 2 p ance accepting, the conveyance of the Property on.behalf of the City of Petaluma. necessary•to"ca_ , out the intent of this Ordinance. : further : action as Section,4. 'The City Manager is hereby authorized "fo, undertake :such nY Sectlon.5 This .ordinance shall become effectlye.th rty, (3,0) daysrcafter the date of its adoption "by -the Petaluma;City Council. Section 6. TheiCity Clerk is hereby directed to post this ordinance = for the period ' d in,.the manner, requiredby the City`Charter. INTRODUCED and ordered- posted/publi'shed this day of 2OQ4. ADOPTED this day of 2004 - by the fohowingwote: AYES: NOES: ABSENT: David Glass, Mayor ATTEST: 'APPROVED AS TO FORM Gayle Petersen °City CI'eek Richard;Rudnansky, City Attorney Exhibit I -Legal Description,of Lot 4 Parcel Exhibit II Reproduction of City 'of Petaluma Parcel Map 271 #719719 File No. 00302734- 002 -RF „ Legai diele� C Sche Description Situated in the State of California, City pf.Petaluma, County of Sonoma, and described as follows: Parcel'One ' on October 28 1992 inBook 5Ol of`Ivla s Pa e s l2 1`3 and 14 'in e;ofthe County Recorder Lot 4 as:sh6wn.0 on;Cit of"Petaluma.Parcel.Ma No 271 filed the:offic p , a g (s) > Sonoma County Records. EXCEPTING TBEREFROM all minerals and mineralrights, interests and royalties, including without limiting the generality thereof,aoil, gas and,other hydrocarbon substances, as well as meta llic or other into or through the surface of�the p operty in connection therewith as ese whatsoever, to enter upon, and under the ro ert ; without the right' ht for an os . rued by Northwestern Pacific, solid miners m Railroad,Company; l y'-Deed recorded. on, January 31, 1990, under'Document No. 90- 011209, Sonoma County Records. Parcel Two EASEMENTS for dri eway; roadway and access areas, asset forth, and, upon the terms and p conditions, in that certain Declaration of Easements ,, ,Coven ants "and Restrictions and Reciprocal E R ect; recorded.on Se to mbe r 14, 1 "990, under Document No. 1990 asements or Petaluma Manna Pro " 009.1,972, Sonoma Coun ty ecords the "Modification of Declaration of Easements, Covenants and Restrictions, and Reciprocal Easements, for 1'etaluma:Marina;Proj "ect' ; recorded on April 9, 1993, under 44988, Sonoma Coun 'y c ords,, and the Second'Modifiication of Declaration of E Coven Rest c ions an Rec procal ,Easements for Petaluma Marina Project ", upon the terms and ritain rein, recorded o n July 21; 2000, ,under Document No. 2000072696; Sonoma County ord5 005 -060- 065 -00 ,.. Now COUNTY ASSESSOR S PARCEL MAP TAX RATE AREA 5 3-061 8R.232A2 . RK 3/W/fi � ParW Map Z71 f0i2 .92 _ I Pp -•12• Rac,8- PETALUMA, . MAR /NAa Pµ 9Y Fc! Mop 24T ',.; `- i c • �i 6T 'O � s eras sk��A._ o zlirisn � o 6B `'` i a_ o p` ^2 j� ^WS�� OAK •¢7�, R ' 1 ' -•- -- -- _ I ZAC •, � C✓EOR96 -478!8 . 02' •`; +b°�134s' ; p- ti '. 8 3 s� _ �. ar,sl:a+.aG e, T4 p w� y ne tP n� T© R/s iao /is % t d. Q �,, I '� 9 rf ° tom' Pp _ _ `• 1, ti i /e$° - v ' U rli w $ 1 ps, xca a � 60� - ,,'39 `��, •aNr � , ��', (��/� �� \ �° yd +��4; od d !Ably, s 1 PEWUNA �`� �� CIJI -( F. 'D" "'• " AcLMgP B% C REVISEO /9 4 - 2 ' 1)14'65' ICT l e " s 4- 23 -97 -81 LE �tl THIS FAP'WAS'PREPAR�A FOR % A SESStIW�- PLRPOSES ONLY.,, RL !3'.31 -orx poge/5 1. l;lA81LITY_ 14 ASSl1+Fi� POR T}�; 4C(TAiALl' of TW DELINEATED Qt1'IPOdeftt TpiWOot,ls not a survey. It is merely fury'Ntred as a w c }; ; ':3 the la;,4 lr Ff 1 !Jil tl '-, il,i 1 S1 i l'a and other funds -' znd my to gukanta any dimensions, distancos, boa,"Pg or acreaga.