HomeMy WebLinkAboutStaff Report 5.B 06/20/2011U1.41 AMA M
DATE: June 20, 2011
ItE
FROM:
SUBJECT
Honorable Mayor and Members of the City Council through City Manager
Curtis M. Bates P.E. City Engineer C15
Public Hearing to Adopt Resolution Ordering the Vacation and Abandonment of a
Portion of Cherry Street Adjacent to St. Vincent High School.
RECOMMENDATION
It is recommended that the "City Council adopt the attached resolution ordering the vacation and
abandonment of the Cherry Street right -of -way adjacent to the St. Vincent's High School
property located at 849 Keokuk Street, Petaluma, California.
BACKGROUND
The applicant, the Roman Catholic Welfare Corporation, has requested that the City of Petaluma
vacate and abandon a 15 -foot wide by 316 -foot long (4,740 square feet) portion of Cherry Street,
adjacent to the St-Vincent's High School ball fields near Deerfield Lane (Exhibit A). The
applicant is the sole property owner of the adjacent school site, St. Vincent's High School.
In 1994, the existing right of way was dedicated to the City by Grant Deed (Dn. 1994 0073546)
from the Roman Catholic Welfare Corporation. The right of way dedication was a condition of
approval of the school master plan and conditional use permit from .September of 1959 based on
the opinion of the City Engineer in 1959 that the additional 15 -foot right of way would be
necessary to accommodate the possibility of Cherry Street widening and sidewalk improvements.
The transfer did not actually take place until 1994, after St. Vincent's applied for a subsequent
classroom expansion. St. Vincent's High School is currently using a portion of the right of way
proposed to be vacated for sports related use including a bull pen. St. Vincent's is requesting the
vacation to accommodate use of the existing bull pen as well as possible future athletic related
uses and landscaping.
Initially, St. Vincent'a proposed to construct a snack shack and restroom_ facility within the
proposed area to, be vacated. However, the school has withdrawn the snack shack and restroom
facility proposal within the area proposed to be vacated because there isn't sufficient space
available between the existing ball fields and proposed property line, given the 20 -foot wide
setback requirement. St. Vincent's is currently looking for alternate on -site 1`ocations to house the
snack shack and restroom facility.
Agenda Review:
City Attorney Finance Director City Manager
The City of Petaluma owns and,,operates an existing storm drain pipe and sanitary sewer pipe
within a small area of the right of way proposed to be vacated. Public easements would be
reserved for both 4hese utilities as described in Attachment should the City Council approve
the request. Public utility agencies including PG &E and AT &T were contacted to determine
whether or not existing or future gas, electric or communication lines would be impacted by the
proposed vacation. The City received letters from each of the public utility companies indicating
that there are no objections to the proposed vacation.
Cherry Street is designated as a local street per the General. Plan circulation map and currently
accommodates one -way traff'c in the area of the proposed vacation. The existing street section
consists of one travel lane as well as: parking, curb, gutter and sidewalk on the opposite side of
Cherry Street. There is no existing sidewalk on Cherry Street along the St. Vincent's High
School frontage or the adjacent residential properties nor is there sidewalk or pedestrian access to
the school along the section of the Cherry Street right of way proposed to be vacated.
Additionally, there are no on- street bike lanes or multi -use paths designated_ in the Bicycle and
Pedestrian Plan, which is a a part of the City's approved General Plan. Since school construction
in 1959 and the right of way dedication in 1994, there has been no need for the city to use the
area proposed to be vacated for public street or access purposes. The surrounding residential
neighborhoods are built out.
General Plan Policy 5 -P -1 -A emphasizes that the city's interconnected mobility system should
develop a network that categorizes streets according to function and type, considering the
surrounding land use context. General Plan figure 5 -1 shows Cherry Street as a local street, not,
an arterial, collector or connector. Policy 5 -P -3 is intended to ensure that public improvements
are made in a manner that is economically feasible to the budgetary constraints of the City, and
establish priorities for transportation improvements. Policy 5 -P -7 states, "Where aesthetic, safety
and emergency access can be addressed, allow narrower streets in residential development...."
The character of Cherry Street as a, local street, and the fact that it has not been identified or
prioritized for on- street bike :lanes or multi -use paths, suggests consistency with these policies.
Government Code Section 65'402 requires that the Planning Commission make a finding that the
vacation is consistent with the.Geperal Plan, prior to City Council,action. On February 22, 2011,
the Planning Commission unanimously found that the vacation is consistent with the General
Plan, the findings of which stated that the proposed area to be vacated is not needed for street
widening_or modification including a bicycle lane or pedestrian path. A copy of the Planning
,;Commission Resolution 2011 -02 and staff report is attached to this agenda bill.
DISCUSSION
Vacation (abandonment) of public streets is governed by California Streets and Highways Code,
Division 9, Part 3, Chapter 3, Sections 8300 et seq. A notice of the hearing on the proposed
vacation was published and posted as required. Public notice was mailed to properties within a
500-foot radius of the St. Vincent's High School site. The abandonment is exempt from the
California Environmental Quality Act (CEQA) under section 15301 of the CEQA Guidelines,
2
but, any future proposal for use by St. Vincent's that required city permits would be evaluated by
the City for CEQA compliance at the time of the proposal'.
In order to approve the vacation, the City Council must find'the subject portion of Cherry Street
is unneces - sary for present or prospective public use. Private benefit from the vacation does not
make vacation improper, but the vacation should only be approved if it is no longer necessary for
public use, rather than primarily to benefit a private party. Should the City Council decide to
approve the proposed vacation, it i 's necessary for the Council to also decide terms and conditions
for the vacation, including appropriate amount of compensation from the applicant, if any.
The 1994 Grant Deed transfers "rights. of way" but does not state whether a fee interest or an
easement was transferred. The title report for the parcels obtained by the City states that the title
insurer is unable to determine whet-her-the grant was of a. fee or an easement. The City's
appraiser has valued the right of way at $8;5.00, with reduced fair market value because of the
size of the parcels and the limited use for a buyer other than St. Vincent's. The Streets and
Highways Code vacation provisions do not expressly require compensation for vacating �a right -
of -way easement, but the City Council may want to consider whether transfer without
compensation or other condition that would provide a publicbenefit:would constitute a gift of
public funds (or gift of "thing of'value ") without a public purpose,:so as to be prohibited by the
California Constitution, Art. XVI, Section 6.. The City Council opted in the past to receive
compensation for a portion of Payran Street that was owned in fee and abandoned as part of the
Old Elm Village project. Staff recommends that the City Council approve the proposed vacation
based on the findings herein and that compensation be'required in the amount of the $8,500 fee
appraisal.
FINANCIAL IMPACTS
The City has received a deposit of $4,032.54 from the applicant for processing costs. Through
May 2011, staff and legal fees spent on the project totaled $2,538.20, leaving a balance of
$1,494.34. The appraised fee value ofthe Cherry Street right -of -way proposed to be vacated is
$8,500. Any compensation paid must be deposited in a fund which is available for the same
purposes the property was used. Streets & Highways Code section 8357.
ATTACHMENTS
l- _Draft Resolution
2. Exhibit A - V icinity map and plat of area proposed to be vacated
3. Planning Commission Resolution 2011 -02 and staff report
4.. Plats and legal descriptions -of public storm drain and sewer easement to be reserved
5. Notice of vacation of right of way and affidavit of posting
6. 1994 Grant Deed for Rights of Way
3
ATTACHMENT 1
DRAFT RESOLUTION NO. NCS
ORDERING THE VACATION AND ABANDONMENT OF THE CHERRY STREET
RIGHT -OF -WAY ADJACENT TO THE ST. VINCENT'S HIGH SCHOOL PROPERTY
LOCATED AT 849 KEOKUK STREET, PETLAIIMA, CALIFORNIA.
WHEREAS, pursuant to Sections 8320 et seq. of the California, Streets and Highways Code, the
City Clerk of the City of Petaluma caused to be published and posted a Notice of Hearing on a
request by the owner, Roman Catholic Welfare Corporation, that the City Council vacate a
portion of Cherry Street right- of-way adjacent to the St. Vincent's High School property located
at 849 Keokuk Street, as shown in Exhibit A; and
WHEREAS, on February 22, 2011, the City of Petaluma Planning. Commission unanimously
determined by resolution that the proposed right of way vacation is consistent with the City of
Petaluma General Plan 2025, including the City's Pedestrian and Bicycle Plan; and
WHEREAS, on June 20, 2011, a public hearing was held for the purpose of hearing the
evidence of any person interested in or objecting to said proposed abandonment and vacation;
and
WHEREAS, the City Council, having duly received and considered evidence concerning the
facts in this proceeding finds from all the evidence submitted that the right -of -way for street
purposes hereinafter described is unnecessary for present or prospective public street purposes
including the need for a bike lane and sidewalk, and the said Council of the City of Petaluma
having now acquired jurisdiction to order the proposed abandonment and vacation; and
„WHEREAS, the action taken by this resolution is exempt,from the California Environmental
Quality Act to California Code of Regulations, Title 14, Chapter 3 ( "CEQA
Guidelines "), Section 15301 as the. minor alteration of existing highways and, streets and similar
facilities involving negligible or no expansion of use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma,
pursuant to and in accordance with the authority contained in Division 9, Part 3, Chapter 3 of the
California Streets and Highways Code, that the right -of -way described in Exhibit A hereto,
which is incorporated herein by reference be, and the same is hereby ordered vacated, abandoned
and forever closed to public use with the following conditions:
0
1. Prior to recordation of the vacation resolution, the Roman Catholic Welfare Corporation
shall compensate the City of Petaluma the sum of eight thousand, five hundred dollars
($8,500), which is the fair market' value determined for the proposed area to be vacated
through an independent third party appraisal.
2. Public storm drain and sanitary sewer easements shall be reserved for the City of
Petaluma as shown in Exhibit A.
3. If the vacation resolution is not recorded within one year of approval, the vacation shall be
considered null and void.
BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy of this
Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office of the
Recorder of Sonoma County, California.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute
any necessary documents of conveyance.
5
AT'T'ACHMENT 2
EXHIBIT "A"
All that property situate in the City of Petaluma, County of Sonoma, State of California
being more particularly described as follows:
A Strip of land 15.00: feet wide described as follows:
Commencing at a found' 1;1/4 "'brass disc marking the,intersection of Cherry Street and
the centerline`of Deerfield Lane as:said intersection is shown on the Final Map of
"Cherrywood Subdivision" filed, February 28, 1992 in Book 490 of Maps, at pages 17 thru
20 Sonoma County Records; thence along.said centerline of °Cherry Street, North
12 56 44 " West, 17 2.60 fe et; . thence leaving said, centerline, North 17'03'16" East, 14.92
,r
feet to the True Point of Beginning; thence North 80 0 2722 East, 15.02 feet; Thence
South 12 °5.6'44" East, 3.15.57 feet; South 75 °5343" West, 15:00 feet; North 12 °56'44"
West, 316.76 feet to''the,POINT OF BEGINNING. "
Containing 4,740 square feet or:0.109 acres, more or less.,.,
This real propertydescription has been prepared by ine,> or under my direction, in
coriformance with the Professional Land Surveyors Act
Tony R. Battaglia
L:S. No. 8394 ��p LAND Stj�
Expiration Date: 3 -31 -20 _ y, . ' :12 v �cl
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PROPOSO CHERRY, ETRM VACATION
-
7
ATTACHMENT 3
RESOLUTION NO. 2011 -02
CITY OF PETALOMA PLANNING COMMISSION
DETERMINING THAT`THE' PROPOSED CHERRY STREET'RIGHT'OF WAY VACATION IS
CQN$ISTENT'WITH THE PETALUMA GENERAL PLAN
WHEREAS, the Roman °Catholic Welfare Corporation• of Santa Rosa, CA and the St.
Vincent's High School of Petaluma, CA have submitted anfapplicafion to the City of Petaluma
Planning Department, re uestin that the City vacate a ortio ` g p ri q g y p n of an existin ublic n ht of wa y
easement located on'Ch6rry Street, adjacent to school property of 849 Keokuk Street; and,
WHEREAS, S't 'Vincent de Paul High School 'has' requested the proposed vacation to
accommodate the Ischooi's sports programs, portions of,�which would use the right of way
proposed to be vacated; and,
WHEREAS, Che ,Street in the vicinity of the ro osetl vacation.is not:;identified in the
ny y' p P
General Plan, Figure 5 -1, as o current or arterial, collector or "connector street, and;
WHEREAS, Cherry Street in the vicinity the
proposed vacation is:no #:identified in the
General Figure�5 2, land /or the City of Petaluma Bicycle and Pedestrian Plan as a site for
proposed'. bicycle orn'pede'strian paths; and;
Way proposed WHEREAS, the 15 foot right of w,a ro osed to bevacafed is not needed for street
widening or,modification, and existing streets are sufficient'fo accommodate the circulation
needs of the,surrounding neighborhoods and the City of Petaluma and are consistent with
General Plan circulation an d policies and pmgrams„including.but not limited to 5 -P -1, 5-
P -3 and 5 -P -7.
NOW; THEREFORE BE IT RESOLVED BY THMITY OF'PETALUMA PLANNING COMMISSION'
THAT:
1: The foregoing factual recitals are true and correct and incorporated herein as
findings:,
Planning ommission Resolvlion No. 2011`0
y 2
Page 1
i
2. The. ropos.ed,yacation is consistent with'the Petaluma Generpl Plan based on the
findings contained herein.
'I[ I - , I - -- t '�
ADOPTED fbi nglyde:
�w
Curtis Johansen, Chair
ATTEST: APPROVED ASICIFORM;
In issioh Secret , MsiOdnf City Attorney
4Geo fCBradley, Com y Leslie Thomsen,
Planning Commission Resolution No. 201,1-62
Pdge 2
9
CITY OF PETALUMA
STAFF SPORT
Public. Works Department, 11 English Street, Petaluma, CA 94952
(707) 778 -4303 Fax (707) 776 -3601 Eanail: publicrvorksGcl petaluma.ca.us
DATE: February 22, 2011 AGENDA ITEM NO. I
TO: Planning Commission
PREPARED BY: Curt Bates, City Engineer
REVIEWED BY: Heather Hines, Deputy Planning Manager
Leslie Thomsen, . Assistant City Attorney
SUBJECT: Review General Plan Consistency for Right of Way Vacation
Cherry Street, dear Deerfield Lane St. Vincent's High School Property
849 Keokuk Street
APN: , 006- 021 -026
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution finding that the proposed
Cherry Street Right of Way Vacation located adjacent to 849 Keokuk Street, APN: 006 -021 -026
is consistent with the General Plan, because the 15 foot strip of right of way proposed to be
vacated is not needed for street widening or modification, the existing streets are sufficient to
accommodate the circulation needs of the surrounding neighborhoods and the city, and are
consistent with General.,Plan circulation and access policies and programs.
PROJECT SUMMARY
Project` Cheney Street Right of Way Vacation
Project Manager: Curt Bates, City Engineer
Project Applicant: St. Vincent de Paul Nigh School
Property Owner: City of Petaluma
Nearest Cross Street: Cherry Street near Deerfield Lane
Property Size: 4,740 Square Feet (15 feet wide x 316 Feet long strip of City Right of Way)
Site Characteristics: Existing Unused, City Right of Way easement
Page )
10
Zoning: Existing City Right of Way
Proposed Zoning: CF (Civic Facilities)
GP Land Use: Education
Proposed GP Land Use: Education
Subsequent Actions: Upon finding that the Cherry Street Right of Way vacation is consistent. with
the General Plan, the vacation must be approved by the City Council.
PROJECT DESCRIPTION
DESCRIPTION: The proposed right of way vacation includes an approximately 15 -foot wide by
316 -foot wide (4,740 Square Feet) portion of Cherry Street, adjacent to the St. Vincent's High
School ball fields near Deerfield Lane (exhibit A). The existing right <of way was dedicated to the
City -in 1994 (IAN. 1994 0073546). by the Roman Catholic Welfare Corporation. The existing right
of way proposed to be vacated is not used for public street or access purposes.
BACKGROUND: The City Council will consider vacating the easement right of way under
Streets & Highways Code section 8334, as a summary vacation procedure. However, before that
Council action, the City chooses to comply with California Government Code Section 65402 and
have the Planning Commission make a finding that the vacation is consistent with the General Plan.
The applicant is the sole property owner of the adjacent school site, St. Vincent's High School. The
strip of land is vacant at this time and the owner is requesting the vacation to accommodate future
use of the school's athletic facilities.
STAFF ANALYSIS l
Cherry Street is designated as a local street per the General Plan circulation map and currently
accommodates two -way traffic in the area of the proposed vacation. See General Plan, Figure 5 -1.
The existing street section consists of one travel lane in each direction as well as parking, curb,
gutter and sidewalk on the opposite of Cherry Street. There is no existing sidewalk on Cherry Street
along the St. Vincent's High School frontage or the adjacent residential properties. Additionally,
there are no on- street bike lanes or multi -use paths designated in the Tricycle and Pedestrian Plan.
See also General Plan, Figure 5 -2. Since school construction in 1959 and . the right of way
dedication in 1994 there has been no need for the city to use the area proposed to be vacated for
public stre -c or access purposes. The surrounding residential neighborhoods are built out:
General Plan Policy 5 -P -1 -A emphasizes that the city's interconnected mobility system should
develop a network that categorizes streets according to function and type, considering the
surrounding land use context. General Plan figure 5' -1 shows Cherry Street as a local street, not an
arterial, collector or connector. Policy, 5 -P -3 is intended to ensure that public improvements are
made in a manner that is economically feasible to the budgetary constraints of the City, and
Page 2
establish priorities for transportation improvements. Policy 5 -P -7 states, "Where aesthetic, safety
and emergency access can be addressed, allow narrower streets in residential development...." The
character of Cherry Street as a local street, and the fact that it has not been identified or prioritized
for on- street bike lanes or multi -use paths suggests consistency with these policies.
There is an existing City owned and operated storm drain located within a small portion of the
proposed vacation area. A l U-foot wide public storm drain easement will be reserved if the Planning
Commission finds the proposed vacation is consistent with the General Plan and the City Council
approves the vacation. Staff will confirm that no other public utility easements exist in the
easement, and if any are identified, will reserve those as well, for any utilities operated by PG &E,
AT &T, etc.
�W ENVIRON1VIkN' TAL REVIEW
The Planning Commission, action determination of General Plan. consistency, is not a project for
Purposes of the California Environmental Quality Act ("CEQA"). The proposed right of way
vacation by the City Council is expected to be categorically exempt from CEQA pursuant to
California Code of Regulations; Title 14 ( "CEQA Guidelines ").section 15301(c) because the action
consists of a legal transferof ownership which will result in negligible or no expansion of use. The
property being transferred is presently partially enclosed by fencing ,and used as part of the St:
Vincent's High School property. Future improvements to the property by the property owner after
vacation may include a small snack,:shack and /or a pitchers mound. At present, it appears that all
identified future use would also be categorically exempt pursuant to CEQA Guidelines sections
15303 and /or 15301, but any 'future improvements will be evaluated by the property owner for
CEQA compliance at such time,as anIyimprovements are proposed.
ATTACI ENTS
Exhibit A — Vicinity Map
Exhibit B — Plat of area proposed to be vacated
Exhibit C — Draft Resolution Determining that the Proposed Cherry Street Right of Way Vacation is
Consistent with the Petaluma General Plan
Page 3
12
ATTACHMENT 4
EXHIBIT "A"
All that property situate in the City of Petaluma,. County of Sonoma, State of California,
being more particularly described as follows:
A Strip of land 10.00 feet wide described as follows:
Beginning at ; .a point.on the proposed easterly right- of- way 'line'of Cherry Street distant
therefrom South 39'05'19" East, 33.86 feet from a found 1 -1/4 "`brass disc marking the
I ntersectionz of Cherry Street and the centerline of Deerfield Lane as said intersection is
shown on the Final Map of "Cherrywood Subdivision" 'filed ' February 28, 1992 in Book 490
of Maps, at pages 1`7 thnt 20 Sonoma County Records; thence along the proposed easterly
right -of -way line, of Cherry Street, North 12'56'44" West, 12:36 feet; thence leaving said
right -of -way, South 66 °58'52" East, 18.52 feet; thenceSouth 12 °56'44" East, 12.36 feet;
thence North.66 °58'52" West, 18.52 feet to the POINT OF BEGINNING.
Containing 185 square feet, more;or less.
"this real property description has been prepared by me, or under my direction, in
conformance with the Professional Laird Surveyors Act
Tony R. Battaglia,
LS No. 8394
Date
13
,^ it :
I LAND5 OF'
1 I 5T VINCENT de PAUL
(N76 °4637 _ - H16H 5Gl-(OOL
N77°0.3716 APN 006 - 021 -026
14;q2' N80 °27 22'5
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4aO M /7 I m z SCHOOL
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t t 575 °53'43'W �� No. 819 ` o}
15.00' qtF OF Cp0 fp2a
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D.N. aa- 0475x5
PREPARED BY
` TRB LAN12 5URVEINO CO.
EXHIBIT, '6 ° ' , 1617 3EOU0IA DR., PETALUMA, CA.
2011 Copyright TRB LAND SURVEYING' Co. (707) 975 - 79gq
14
EXHIBIT "A"
All that property situate in the City of Petaluma, County of Sonoma, State of California,
being more particularly described as follows:
A Strip of land 10.00 feet wide described as follows:
Beginning at a point:on, the easterly right -of -way line of Cherry Street distant therefrom
South 18 °51'15" Fast, 144:94 feet from a found 1 -1/4" brass disc marking the intersection of
Cherry Street and the centerline of Deerfield Lane as said; intersection is shown on the Final
Map of "Cherrywood Subdivision" filed February 28, 1992. inBook 490 of Maps at pages
17 ttuu 20 Sonoma.County Records; thence along the proposed easterly right -of -way line of
Cheery Street, North 12'56'44" West, 10.00 feet; thence leaving said right -of -way, North
75 °53'43" Fast, t5.00 feet; thence South 12 °56'44" Fast, 10.00 feet'to a point on the
northerly line of the lands of Agajan recorded in Document.Number 1999 7047595, Sonoma
County Records; thence along said northerly line South 75 °53'43" West, 15.00 feet to the
POINT OF BEGINNING.
Containing 150 square;feet more or less.
This real property; d escription has been prepared by me; or under my, direction, in
conformance with the Professional Land Surveyors Act
Tony R. Battaglia,
LS No. 8394
v
No: 8394
OF GAS
Date
15
LAND5 OF
5T. VINCENT de PAUL
(N7 *4e'-: 'E) ` - ` - - HIGH SCHOOL
N77 °o3 '16 "e APN 006 - 021 -026
14.42' N30 ?722'E
N I - - -- - - 2ae. go'
I 193.88'
N80 °2722E
0 I I 15.02'
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H/GH SCHOOL
DEER , , � W APN 006 - 021 -026
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4c N. 8344 �}
0 �� i i 512 °56'44'E s l9rf . \EO � a �e
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point of Lands of Aga,/an
Beginning i 575 °5343 L2.N 'qq- 0475g5
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EXHIBIT 1
2 011 Copy TR L S URV E YING .CO.
FREPAREL? B1'
TX LAN12 -SURVEY /N6 CO.
1617 5EOUOIA OR., PETALUMA, CA.
(707) 97.5-7999
16
ATTACHMENT 5
1 NOTICE OF VACATION AND-ABANDONMENT OF A PORTION OF CHERRY
2 STREET ADJACENT TO ST. VINCENT'S HIGH SCHOOL
3
4
5 NOTICE IS HEREBY GIVEN that the City Council of the City of Petaluma, California,
6 has received a request to vacate, pursuant to Division y, Part 3, Chapter 3 of the
7 California Streets and Highways Code, a portion of Cherry Street, adjacent to St.
8 Vincent's High School, in the City of Petaluma, California, more particularly described
9 as follows:
10
1 l SEE EXHIBIT `A'
12
13 NOTICE IS FURTHER GIVEN that the City Council has fixed Monday June 20, 2011,
14 at the hour of 7 :00 PM or as soon thereafter as can be heard, in the Council Chambers,
15 City Hall, I English Street, Petaluma, California, as the time and place of hearing all
16 persons interested in or objecting to the proposed vacation of said street right -of -way
17 hereinbeforexeferred to and described.
18
19 Dated:
20 City Clerk
21
22
23
24
25
26 S: \Development Felder \City Council StafRepum and Resulutiions \St. Vineen't ROW VaeationWosted'Notice.doc
17
0
I AFFIDAVIT OF POSTING
2
3 Curtis Bates declares under penalty ofperjury as follows: 'I am employed in the Public
4 Works Department with the City of Petaluma; that pursuant to the Street Vacation Act of
5 1941 (Sections 8320 -8325 of the Streets and Highways Code), I conspicuously posted not
6 less than three (3) copies of the "Notice of Vacation of a portion of Cherry Street near the
7 St. Vincent's High School located at 849 Keokuk Street." along the right of way areas to
8 be vacated; that said notices were posted on May 24, 2011; that said notices were in
9 legible characters and described the right of way to be vacated; that said notices set forth
10 the time, place and date for a hearing at which all interested persons may appear and be
t I heard regarding,said proposed vacations of said right of way in the City of .Petaluma; that
12 said notices were posted along the line of the right of way to be vacated, not more than
13 three hundred (300) feet apart.
14
15 Executed at Petaluma on the 24 day of May, 2011.
16
t7
18-
19 Curtis M. Bates, P.E.
20 City Engineer
21 PAEngineering Div ision%Development Processing Folder\Planning Project Referrals) BN \St. Vincents High SchooRCherry Street
22 Right of Way Vacation Affidavit of Posting.doc
18
ATTACHMENT6
Recorded at the Request of:
The City of Petaluma
When Recorded, Please Return tot ATREOUFSrO \
01 /31L199 i1 3:48
CITY CLERK r �� : P,
CETY OF PEi'ALUMA .
P. O. 90X -6:1
QErAL.UMA. CA G4953
She -Ie e t^ d fo in 10j'e Fr ee.! 2..
GRANT DEED
FOR STREET RIGHT OF
THE ROMAN CATHOLIC WELFARE CORPORATION OF SANTA -ROSA, a
California non= profit corporation, does hereiby..grant to the CITY
OF PETAIUMA, a municipal corporation in the County of Sonoma,
State of California, for street rights -of -way the following
described parcels in the City of Petaluma, County of Sonoma, State
of California:
Being a portion of the Lands of the Roman. Catholic Welfare
Corporation -of Santa Rosa as described in Book 1913, Page 266 of
Official Records, County of' Sonoma, State of California and more
particularly described as follows:
r
Beginning at the Southeast corner of the Lands of the
Roman Catholic Weare..Corporation, thence North
13 West for xC)I feet, thence North 19 °30' East
(by deed) for 'P o:-'T -feet, thence South 13 East
for 325. feeP %hence North 75 0 22 , West for 16.57 feet
to the point of beginning, containing some 6.11 acres
more or less
PARCEL 2:t
Beginning at the point designated as Point A on the
attached map and marking, the Northwest - corner of the
Lands. of Kuehn, from there North 33 0 28' West for 183.25
feet„ thence South 75 0 45' East for 16 feet'; thence
South. 13 °281 for 174.34 feet, thence. South 79
west {by deed) for 15.0 feet to the point of beginning,
containing some 0.06 acres more or less.
� X3
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ARCEL 31
Beginning. at the Northwest corner of the Lands of the
Roman Catholic Welfare Corporation, thence South_ 62
East for. 287.96 feet, thence due East for 176.72 feet to
the Northeast corner of the Lands o €,the Roman Catholic
Welfare Corporation, thence South 11 East for 13..00
feet thence
due . west for 176.72 feet, thence North
62 °10• West for 287.96.feet, thence North 1 °00' Vest (by
deed) for 13.00 feet to the point of beginning
containing some 6.14 acres more or less.
portions of A.P.. No. 06 -021 -017.
The dedications made by this deed are without monetary
consideration and are made to satisfy certain conditions in the
conditional use permit issued by the City of Petaluma to the
grantor on September 1, 1959, affecting the use of the parcel over
which the above rights -of -way are granted.
IN WITNESS WHEREOF, the grantor has causej deed to be
executed by a duly authorized agent on the I ! day of January,
1994.
THE ROMAN CATHOLIC WELFARE
CORPORATION OF SANTA ROSA, a
California non profit
corporation
By
TH HAS J. KEY
Chief Financial Officer
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
} ss.
COUNTY OF SONOMA }
On this /�f�: day of January, 1994, before me,
Patricia A. Brandmeir personally appeared ,THOMAS J. KEYS
ersonall Y known tome to be the Chief Financial: Officer of the
6" Roman Cathol.ic'Welfare Corporation, of Santa. Rosa;, the party that,
executed the within instrument, and acknowledged to mLil that he
executed the same in his authorized capacity, and that by 'his
signature On the instrument, the pe rson, or the. entity Upo b ehalf
of which the person acted, executed the instrument.
4 a u 3 �3
20
WITNESS my hand and official, seal.
Notary Public
My Coam fission Expires:
pATRiC�A A BRA(VOMEIR
COMM. ®=
WTARTKO C,- C11LO'MA
SON" COUMY
lt�Canm:Fipkm'Apr.42s99�
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23
AFTER RECORDING MAIL TO:
Cityty Clerk
P.(U. Box 61
City of Petaluma, CA 94953
CERTIFICATE OF ACCEPTANCE
This is to certify that the obtigations and interest in real property conveyed by the
GRANT DEED
from The Roman Catholic. Welfare Corporation of Santa Rosa, a California non -profit corporation
for STREET RIGHTS` OF `WAY . AP - #006 -021 -017
Cherry Street Parcel l and Mnannlin StrPpt Purrol z —A "-- 4 !�1 _�.. e♦ -__.
to the City of Petaluma;a Californi
on behalf of the Petaluma City Cow
adopted on January 18, 19b5, an
authorized officer.
is hereby accepted by the undersigned official
conferred by the resolution of the Council
consents to recordation thereof by its duly
Dated: January 21 19 94.
To c aver, ity ger
ACKNOWLEDGEMENT
(CC § 1181 (g)
STATE OF CALIFORNIA )
)ss
COUNTY OF SONOMA ) 1l
On this ,day of An 19 , before me, Paulette .Lyon, Deputy City
Clerk, City o Petaluma, personally a o n . Scharer ; personally known to me to be (or proved
to me on the basis of satisfactory evidence) to be the ppce rson(s) °whose- names) is/are subscribed to the
within instrument and aclrnowledged to me that helshe/they executed the same in his/her /their authorized
capactty(ies), and that by Jiis/herAheir s gnatures(s) on the instrument the 'person (s) or thC' entity upon
b alf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
PA due Lyon,' Dept ►ty Clerk
Seal City of Petalu a
p Govt. Code
city of
o[rm..
:ity Clerk
1655461.1
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