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Home My WebLink AboutAgenda Bill 3.E 11/15/2004AN ORDINANCE. OF THE COUNCIL OF THE:)CITY OF PETALUMA ACCEPTINGA DONAT'JON'OF L04 ACRES OPREAL PROPERTY FROM IMARINA OFFICE 'PARKA C 880 AND AUTHORIZING THE CITY MANAGER TO EXECUTEA CERTIFICATE OF ACCEPTANCE FOR .THE PARCEL -(APN, 005 -060- 065- 00.0) ORDINANCE NO. N.C.S. Introduced by Second'ed by BE IT ORDAINED, BY THE 'POUNCIL OYTVE�CITY OF PETALUMA AS FOLLOWS: WHEREAS, ;Marina Office Park Assoeiaies," ("MOPA"), 6 Ca lifornia Limited Partnership, owns - in. fee,' �sj' 1 61- of 14nd� ift th'&,' of Petaluma consisting of I gip q� 4 parc approximately 1.04 acres that is' a portion ;of the b. (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 accept a gift of land to the City, and. I WHEREA S, pursuanflo section 46. of `the Petalum'' a City Charter, the City Council must adopt an ordinance to acquirereall property; and WHEREAS the City Council -finds.-that itis desiiable1or Cit to acquire fee ,simple title to the Property, conditioned upon successful results from: a Phase 1 Environmental Assessment, and further conditioned upon title being delivered to the City clear of any ' outstanding taxes,, liens or other monetary encumbrances; and WHEREAS, the ,City Council 'finds that the acti ons authorized and granted to the City Manager P der this 6rdinance to accept' conveyance of a parcel" of 'property in its existing state do not - have the ..... tential to result in,a. direct or reasonably'foreseeable indirect physical in the en - and therefore is not. subject to the California Environmchtal*,Quilit�Act; .... . . NOWW,'TAEREF9RE, THE COUNCIL OYTH I E CITY OF PETALUMA, CALIFORNIA,, DOES HEREb ORDAIN AS,FOL LOWS: , Section 1. Upon, iexecution and delivery by MOPA of a,-grant deed for the. Property, and conditioned 'upon completion of a. 'Phase I Environmental Assessment 'indicating to the satisfaction of the Cit y Ma that the property is not contaminated in any way, and further ag '4 0 Gayle Petersen City Clerk Richard Rudnansky, City Attorn ey Exhibit :I �.— Legal, Description, of .Lot 4 Parcel Exhibit III;— Reproduction of City of Petaluma Parcel, Map 271 #719719 conditioned, upon delivery of title to' the Property that is clear of any outstanding, assessments, taxes,, liens or lother monetary encumbrances, the City Council accepts "the conveyance of 'the Property from.MOPA. Section 2 . Acceptance: of the. Property is further conditioned on the -City. contributing to the Petaluma Marina Owners' Association based on no more th_ an 80 parking' spaces :assigned to the Property. If the Owners' Association fails: to :make the necessary amendments to reduce the 'numbef, of assigned spaces, at its December meeting,, the City Manager is; authorized. to; enfer into an g eement on behalf of the City to obligate the Petaluma Marina Owners' Assoeiation "' other person or entity to.pay for all Owners' Association assessments `forthe,Pi`operty beyond 80 parking spaces,,and acceptance of the - Property is conditioned on execution of said;agreement' Section 3: If and° when the conditions of .Sections; I. 'and- 2. are met the City Manager is. hereby authorized and directed' to execute a Certificate of. Acceptance accepting the conveyance of the Property-on'behalf of the City of Petaluma. 9ection4. The. .City Manager° is, hereby 'authorized to undertake such further action as necessary to carryout the intent ;of this Ordinance: Section-3 Tliis beeom "e effective thirty (30) days'after'the date >of its, adoption >by, the Petaluma City Council. Section -6: 'The City Cleik.is hereby directed to post this ordinance.f6t tfieperiod and,in,the manner required by the City Charter. INTRODUCED and ordered posted/published .th s day of 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 Rudnansky, City Attorn ey Exhibit :I �.— Legal, Description, of .Lot 4 Parcel Exhibit III;— Reproduction of City of Petaluma Parcel, Map 271 #719719 File No. 00302734- 002 -RF Schedule 0 ,Legal��Descrip . Lion �- Situated in the State of California, City. of Petaluma, Cour ty. Sonoma, : and,described as follows: Parcel One Lot 4 p as shown u on cel Map No 27 filed in the office of the County Recorder . Crt y Petaluma Par ' of on October 28, 1992, in Book 50:1 of Maps, Page(s)''l'2, 13 and 14, Sonoma, County Records. EXCEPTING THEREFROM all,minera 'the generality thereof, oil; gas other h d ocarbon Interests and Wellias metallc including without limitin mineral rights � g g ty y substances as we Iic or other solid minerals; -in and under the property, without the, right for any purpose whatsoever to enter upon, g into or through the surface of the property in_ connection therewith,,;as reserved by Northwestern Pacific :. Railroad Company, by Deed recorded on January 31 - , 1990, under Document No 90- 011209, Sonoma County Records. Parcel Two .EASEMENTS for parking, driveway, 'roadway and access areas as set forth; and upon the terms and conditions, in that certain "Declaration of Easements, Covenants and ,Restrictions and Reciprocal Easements for Petaluma Manna Protect',' recorded"on September 14;.1990, under'Document No. 1990 00.91 972, Sonoma County Records, the "Modificati'on of D.et 'radon of Easements, Covenants and Restrictions and Reciprocal Easements for, Petaluma'Ma recorded on April 9, 1993, under Document No. 1993 0044988, Sonoma = County:Records, and the "Second'Modification of Declaration of Easements, Covenants and.Restrictions and'Reciprocal Easements for Petaluma. Marina Project ", upon the terms and. conditions, contained therein, recorded onTuly 21,,2000,. under Document No. 2000072696, Sonoma County'Records. (005- 060 -w5 000) r COUNTY ASSESSOR'S PARCEL MAP_ TAX R ArE AREA 5 - 06' 3-061- Riree/Mo 92 sO .. 81.E32aA`zr Rie'3715?6. Parcel Map 27 ' .> PErALUUA AkA hV4 67 ,Pik I = E Pcl Mop 247 �:,t AVW �' • ..� is - 01 FW=r . ` o il {1 q m -. t � � ',p ��j>. a �2�E pG C✓E0896- 476/8, O2 v+�'• ,a G a i� ` r �' g® � � ts.:es+:aG- R/S /80,/3• 2 O , p '` NZ � r w � i O �6 �•. ,, ® Lae � . - "°.mP. � / � _ y PETALVAIA.' _ r rss snoaCR OfF •'pr 1 P zMap 6-0. r o EFJC ir L7 • - - �(��: _ REVISED - • �b�/ p9r 4 2 - 01.i 65 KT A� SE S I}Il$ WAS qLY& No. F_'OR. RL 3. 31- DO- Ac CM R/S A$EStrer N;PIRPO$ES ot,tiY,_" ,- 1'IABILITY'IS ASSUMED FOR THE :.. 4 4QRJkCY OF THE' DATA DELINEATED' £REON. T>riOdmt Twit plot is net s srirvey. It is merely furnhI J a lan, -;l ;ri ICS ?Jil t( iGlh� Sul U + 3P �ifEr lr ".n S no I' of to�gu2rarfiee any dimensions, distance& 4211PP or Weage.