HomeMy WebLinkAboutResolution 2007-055 N.C.S. 04/02/2007 Resolution No. 2007-055 N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING THE TIME FOR CONSTRUCTION OF CERTAIN
UNDERGROUND UTILITIES IN THE BODEGA AVENUE UNDERGROUND UTILITY
DISTRICT PREVIOUSLY ESTABLISHED BY RESOLU~'ION NO. 2004-168 N.C.S. OF
'THE CITY OF PETALUMA
WHEREAS, in conformance with Chapter 14.36 of the Petaluma Municipal Code, the
Bodega Avenue Underground District, Phase 1 and Phase 2, ("District") was duly formed on
September 13, 2004, with the adoption of Resolution No. 2004-168 N.C.S. of the City of
Petaluma; and,
WHEREAS, Phase 1 of the District encompasses that property, the legal description of
which is set forth in Exhibit "A" attached hereto and incorporated herein by reference; and,
WHEREAS, Phase 2 of the District encompasses that property, the legal description of
which is set forth in Exhibit "B" attached hereto and incorporated herein by reference; and,
WHEREAS, attached hereto as Exhibit "C" and incorporated herein by reference is a
map delineating the boundaries of the District, showing the boundaries of Phase 1 and Phase 2,
respectively; and,
WHEREAS, because of the need to coordinate the work of undergrounding utilities in
Phase 2 of the District with the resurfacing of Bodega Avenue from North Webster Street to
Howard Street, and because of certain delays in commencing the work of undergrounding the
utilities in Phase 1 of the District, the dates set in Resolution No. 2004-168 N.C.S. for
completion of said work and the date by which each affected property owner in the District must
be ready for underground service must be revised; and,
WHEREAS, other than the dates for completion and dates by which each affected
property owner must be ready to underground service, all facts and findings contained in
Resolution No. 2004-168 remain in effect and are true and correct; and,
Resolution No. 2007-055 N.C.S. Page I
W>FIEREAS, the amendment made by this resolution is exempt from the requirements of
the California Environmental Quality Act pursuant to the following authorities: Sections
15302(d), 15282, 15301(b) and/or 15304 of Title 14 of the California Code of Regulations.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
that the work of the utility companies for removal of all poles, overhead wires and associated
overhead structures, and the underground installation of wires and facilities for supplying
electric, communication or similar, associated service within the Bodega Avenue Underground
District, Phase 1, will be completed by July, 2010.
BE IT FURTHER RESOLVED that the date on which the affected property owners in
the Bodega Avenue Underground District, Phase 1, must be ready to underground service will be
no later than December, 2008.
BE IT FURTHER RESOLVED that the work of the utility companies for removal of
all poles, overhead wires and associated overhead structures, and the underground installation of
wires and facilities for supplying electric, communication or similar, associated service, within
the Bodega Avenue Underground District, Phase 2, will be completed by December, 2013.
BE IT FURTHER RESOLVED that the date on which the affected property owners in
the Bodega Avenue Underground District, Phase 2, must be ready to underground service will be
no later than July, 2012.
BE IT FURTHER RESOLVED that all other facts and findings contained in Resolution
No. 2004-186 N.C.S. are hereby ratified and that all provisions of said Resolution other than
those expressly modified herein shall remain in effect as originally adopted.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all
affected utilities and all persons owning real property within the Bodega Avenue Underground
District, Phase 1 and Phase 2 of the adoption of this resolution within ten (10) days after the date
of such adoption. The City Clerk shall further notify said property owners of the necessity that,
if they or any person occupying such property desire to continue to receive electric,
communication or other similar or associated service, they or such occupant shall, by the
Resolution No. 2007-055 N.C.S. Page 2
respective dates fixed by the Council pursuant to this resolution, provide all necessary facility
changes on their premises so as to receive such service from the lines of the supplying utility or
utilities at a new location, subject to applicable rules, regulations and tariffs of the respective
utility or utilities on file with. the Public Utilities Commission of the State of California. Such
notification shall be made by mailing a copy of this resolution and of Chapter 14.36 of the
Petaluma Municipal Code to all affected property owners, as such are shown on the last
equalized assessment roll and the affected utilities.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roe as t
Council of the City of Petaluma at a Regular meeting on the 2id day of April, 2007, fo
by the followirig vote:
City Attory~ey
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Babbitt, Mayor Torliatt
NOES: None ~
3
ABSENT: None ;
r 1F ~ f,
ABSTAIN: None \ y / _ ,
ATTEST: w
City Clerk ayor
Resolution No. 2007-055 N.C.S. Page 3
~~~`1~
LEGAL DESCRIPTION
BOUNDARY DESCRIPTION FOR BODEGA AVENUE
PROPOSED UNDERGROUND DISTRICT BOUNDARY
PHASE I
Beginning at the northeast corner of A.P.N. 006-292-040 and running along the northerly line of
said parcel, also running along Bodega Avenue in a westerly direction 129.98 feet; thence
continuing along the northerly property line of said parcel southwesterly 28.34 feet to the
easterly line of North Webster Street; thence westerly across North Webster Street approximately
50.00 feet to the. northeast corner of A.P.N. 006-441-067; thence along the easterly line of said
parcel and along the westerly line of North Webster Street southwesterly 125.00 feet to the
southeast corner of said parcel; thence northwesterly along the southerly property lines of A.P.N.
006-441-067, A.P.N. 006-441-O1 1, A.P.N. 006-441-07, 08, 09, 10, 389.80 feet to the southwest corner
of A.P.N. 006-441-007; thence southeasterly 13.00 feet to the southeast corner of A.P.N. 006-650-
034; thence southwesterly along the southerly property line of A.P.N. 006-650-034 and A.P.N. 006-
650-033, 99.93 feet to the southwest corner of A.P.N. 006-650-033; thence northwesterly along the
westerly property line of said parcel 54.00 feet to the southeast corner of A.P.N. 006-650-031;
thence northwesterly along the southerly line of said parcel 100.00 feet to the easterly line of EI
Paseo Drive; thence westerly across EI Paseo Drive approximately 30.00 feet to a point on the
easterly line of A.P.N. 006-650-036; thence along said easterly line in a southerly direction 95.00
feet to the southeast corner of said parcel; thence along the southerly property line of said
parcel in a westerly direction 142.00 feet marking the southwesterly angle point of said parcel,
said point being on the flag portion of A.P.N. 006-652-035; thence along the easterly line of
A.P.N. 006-652-035 in a northwesterly direction 46.65 feet; thence continuing northwesterly 67.41
feet to the northeast corner of said parcel; thence northwesterly along the northerly line of said
parcel 101.19 feet to the northwest corner of said parcel; thence southeasterly along the
westerly line of said parcel 32.8 feet to the southeast corner of A.P.N. 006-652-002; thence
westerly along the southerly line of A.P.N. 006-652-002 and A.P.N. 006-652-003, 239.97 feet to the
easterly line of EI Paseo Drive; thence westerly across EI Paseo Drive approximately 30.00 feet to
the southeast corner of A.P.N. 006-652-026; thence along the southerly line of said parcel 75.69
feet to the southwest corner of said parcel; thence along the westerly line of said parcel
approximately 60.00 feet to a point mid-way of A.P.N. 006-650-027; thence westerly crossing said
parcel 170.00 feet more or less to the easterly right-of-way of Bantam Way; thence continuing
westerly across Bantam Way approximately 30.00 feet to the westerly side of Bantam Way and
to a .point on the easterly line of A.P.N.019-090-042; thence northerly along said easterly line of
said parcel 70.00 feet more or less to fhe southerly line of Bodega Avenue; thence westerly
along Bodega Avenue and across the frontage of A.P.N. 019-090-042, 90.00 feet to the northeast
corner of A.P.N. 019-090-007 thence southerly along the easterly line of said parcel 50.00 feet,
thence westerly across said parcel 110.00 feet to the westerly line of said parcel; thence
northerly 50.00 feet to the northwest corner of said parcel to a point on the southerly right-of-way
for Bodega Avenue, thence westerly along Bodega Avenue 70.00 feet to a point midway of the
frontage of A.P.N. 019-090-006, thence northerly crossing Bodega Avenue approximately 70.00
feet to the southwest corner of A.P.N. 019-070-047, thence northerly along the westerly line of
said parcel 200.83 feet to the westerly corner of said parcel, thence easterly along the northerly
line of said parcel 43.38 feet; thence 55.00 feet; thence crossing the flag portion of said parcel
20.00 feet to the northwest corner of A.P.N. 019-070-048; thence southerly along the westerly line
of said parcel 44.69 feet; thence 35.00 feet; thence 95.1 1 feet to a point on the northerly right-of-
way of Bodega Avenue, thence easterly along Bodega Avenue along the frontage of A.P.N.
019-070-048, 103.70 feet to the westerly side of Bantam Way, thence continuing easterly, crossing
Bantam way approximately 70.00 feet to the southwest corner of A.P.N. 006-470-024; thence
Resolution No. 2007-055 N.C.S. Page 4
northerly along the westerly line of said parcel 180.65 feet to the northwest corner of said parcel,
thence easterly along the northerly line of said parcel and A.P.N. 006-470-026, 179.04 feet to the
westerly line of Ruth Court; thence continuing easterly and across Ruth Court approximately
35.00 feet to the easterly side of Ruth Court, thence southerly along Ruth Court approximately
10.00 feet to the northwest corner of A.P.N. 006-047-019, easterly along the northerly line of said
parcel 171.60 feet to the northeast corner of said parcel; thence northerly along the easterly line
of A.P.N. 006-470-020, 108:50 feet to the northwesterly corner of A.P.N. 006-480-026; thence along
the northerly line of said parcel 171.58 feet to the northeast corner of said parcel; thence
southerly along the easterly line of said parcel and A.P.N. 006-480-023, 70.00 feet to the
northwest corner of A.P.N. 006-480-075; thence easterly along the northerly line of said parcel
and A.P.N. 006-480-036, 114.23 feet; thence northeasterly along the northwesterly line of said
parcel, 90.72 feet to the southerly line of Dorenfeld Court; thence easterly along said southerly
line 38.05 feet to the most northerly corner of A.P.N. 006-480-035; thence easterly along the
northerly line of said parcel along a curve to the left having a radius of 65.00 feet; an arc length
of 67.72 feet; thence 41.87 feet; thence 60.00 feet to the northeast corner of said parcel; and to
a point on the westerly line of A.P.N. 006-480-034, thence northerly along said westerly line 20.00
feet more or less to the northwest corner of said parcel, thence easterly along the north line of
said parcel 106.95 feet; thence 70.00 feet more or less to the northeast corner of said parcel;
thence southeasterly along the easterly line 20.00 feet to the northwest corner of A.P.N. 006-480-
033; thence southeasterly along the northerly line of said parcel and A.P.N. 006-480-032, 233.35
feet to the northwest corner of A.P.N. 006-221-076; thence easterly along the northerly line of
said parcel and A.P.N. 006-221-077, 145.92 feet to the northeast corner of said parcel; thence
southerly along the easterly line of said parcel 85.00 feet more or less to the northwest corner of
A.P.N. 006-221-086; thence easterly along the northerly line of said parcel 70.50 feet to the
northeast corner of said parcel and the westerly line of North Webster Street; thence continuing
easterly and across North Webster Street approximately 40.00 feet to the easterly line of North
Webster Street, thence northerly along said line along a curve having a radius of 400.00 feet; for
an arc length of 80.00 feet to the northwest corner of A.P.N. OOb-221-084; thence southeasterly
along the north line of said parcel 101.90 feet, thence southerly along the easterly line of said
parcel {and along the Boundary Line of Phase II Underground District Boundary) 183.93 feet to
the southeast corner of said parcel also being the southwest corner of A.P.N. 006-221-057;
thence easterly along the southerly line of said parcel 44.70 feet to the southeast corner; thence
south across Bodega Avenue approximately 60.00 feet to the northwest corner of A.P.N. 006-
292-002 and the Point of Beginning.
This legal description was based on the following Assessor Map Book Pages:
006-44 (Rev. 8/3/00) 006-47 (Rev. 1 /25/00)
006-65 (Rev. 8/2/00) 006-48 (Rev. 1 /21 /00)
019-09 (Rev. 11/5/97) 006-22 (Rev. 5/14/04)
019-07 {Rev. 8/9/06)
Resolution No. 2007-055 N.C.S. Page 5
LEGAL DESCRIPTION
BOUNDARY DESCRIPTION FOR BODEGA AVENUE
PROPOSED UNDERGROUND DISTRICT BOUNDARY
PHASE ll
Starting at the northeasterly corner of A.P.N. 006-361-028 moving from the corner point southerly
115.00' then westerly 69.30' crossing Court Street 41.00' to the southerly corner of A.P.N. 006-361-
005, thence along. westerly limit of Court Street and A.P.N. 006-361-038, 88.40', thence westerly
along said property approximate 75.00 thence northerly 84.90' to the southerly side of A.P.N. 006-
361-004, thence approximately 1.3.00' to the southeast corner of A.P.N. 006-361-032, thence
100.00' westerly to the southwest corner of A.P.N. 006-361-032 and Howard Street, thence across
Howard Street approximately 62.00', thence to the frontage of A.P.N. 006-393-015, thence
northerly to the northeast corner of said parcel to Stanley Street, thence across Stanley Street
approximately 62.00' to the southeast corner of A.P.N. 006-31 1-Ol 0, thence 40.00' to an
approximately halfway point of the said property, thence southerly through center of said
property approximately 50.00', thence northwesterly to the northerly side of said property to the
southerly side of the flag part of A.P.N. 006-31 1-009, thence approximately 50.00' to the
southeasterly corner of said property, thence northerly 12.00' to the northwesterly corner of said
property, thence westerly 130.00' to the southeasterly corner of A.P.N. 006-311-008, thence
northerly 28.00' to the northwesterly corner of said property, thence easterly 67.37 to the
northeasterly corner of A.P.N. 006-31 1-025, thence westerly 52.93', thence westerly 26.84', thence
westerly 53.32', thence, westerly 28.14', thence westerly 26.23' to the westerly corner of said
property, thence westerly across the High Street right-of-way to the northerly corner of A.P.N.
006-312-040, thence westerly 32.76', thence westerly along the northerly boundary of said
property 67.21', thence westerly 60.65' to the westerly property corner of said property, thence
southerly along the easterly side 85.00' of A.P.N. 006-312-048 to the southeasterly corner of said
property, thence westerly 180.00' along the southerly boundary to the southwesterly corner of
said property, thence approximately 340.00' along the westerly boundary of the said property,
thence 11.76' north to the south corner of A.P.N. 006-312-049, thence 16.25' west to the rear
boundary of said property, thence 73.04' along said boundary to westerly corner of said
property, thence 10.25' northwesterly to the rear boundary of A.P.N. 006-312-059, thence 43.66'
to the easterly corner of A.P.N. 006-3.12-058, thence northerly along said side property line
approximately 30.95' half way up said property line, thence across said property approximately
56.19' to the westerly property line of said property, thence northerly approximately 40.14' to the
northeasterly corner of A.P.N. 006-312-051, thence 110.65' along Bodega Avenue frontage of
said property, thence around radius 8.42' and at a length of 21.17' of said property, thence
approximately 20.00' down the westerly side of the said property along the Upham Street
frontage, thence moving across the Upham Street right-of-way approximately 60.00' to the
southeasterly corner of A.P.N. 006-302-007, thence along the southerly side of the said property
approximately 149.70' to the southwesterly corner of the said property, thence northwesterly
along rear parcel approximately 63.50' to the northwesterly corner of the said property, thence
27.80' to the southwesterly corner of A.P.N. 006-302-019, thence along the rear most boundary of
the said property 50.60', then 35.60', then 30.20' to the southern boundary of A.P.N. 006-302-041,
thence 10.70' to the most southeasterly corner, thence 47.53' on the rear property line of the said
property, thence 72.68' along the side property boundary of the said property and A.P.N. 006-
302-043 to the southwesterly corner, thence moving along the front property boundary (along
Baker Street) 46.05' to the northwesterly corner of the said property, thence across the Baker
Street right-of-way approximately 38.00' to the southwesterly corner of A.P.N. 006-301-021,
thence across the frontage of the said property 50.00', 40.00' and 54.00' in a northwesterly
Resolution No. 2007-055 N.C.S. Page 6
direction to the southwestern corner of A.P.N. 006-301-025, thence moving down the side
boundary in a southeasterly direction 89.00', 14.00', and 108.00' to the corner of the said
property, thence 160.00' along the rear property lines of the said property as well as A.P.N. 006-
301-002 and 006-301-023, thence along the rear property lines of A.P.N. 006-301-024 as well as
A.P.N. 006-292-005, A.P.N. 006-292-004, A.P.N. 006-292-003, A.P.N. 006-292-002 for a total distance
of 249.30' ending at the southwesterly corner of A.P.N. 006-292-002, thence north 100.00' along
the side property line to Bodega Avenue, thence across Bodega Avenue approximately 60.00'
to the corner of A.P.N. 006-221-006 and A.P.N. 006-221-006 and A.P.N. 006-221-057, thence along
the frontage of A.P.N. 006-221-057 to the southwesterly corner of the said property, thence along
the side boundary of the said property 230.97' to the northwesterly corner of the said property,
thence across the rear property boundary 94.80', thence 107.97' southerly on the other side
property line to the rear northwesterly corner of A.P.N. 006-221-053, thence across the rear
property lines of the said property and A.P.N. 006-221-054 120.62' to Wallace Court, thence
across the right-of-way of Wallace Court approximately 35.00' to the rear northwest corner of
A.P.N. 006-221-024, thence easterly across the rear property lines of the said property as well as
A.P.N. 006-221-005, A.P.N. 006-221-035, A.P.N. 006-221-036 and A.P.N. 006-221-083 to the
northeasterly corner of 083 approximately 258.30', thence down the easterly property line to the
northwest corner of A.P.N. 006-221-039, thence across the rear boundary line of the said property
35.00', thence down the side property line of the said property 100.00' to the southwest corner of
A.P.N. 006-221-040 and the Bodega Avenue frontage, thence moving east on Bodega Avenue
along frontage said property 40.00' to the intersection of Bodega Avenue and Park Lane,
thence across Park Lane right-of-way approximately 45.00' to A.P.N. 006-241-008, thence moving
across frontage of said property 53.80' to the southeasterly corner, thence north along side
,property boundary 150.00' to the northeasterly corner, thence east along the rear property lines
108.00' of A.P.N. 006-241-009 and A.P.N. 006-241-010, thence north 50.00' along side property line
of A.P.N. 006-241-O1 l to the northwest corner of said property, thence east along the rear
properties of A.P.N. 006-241-O1 1, Ol 3, 014, Ol 5, and Ol 6, 274.00' to the northeasterly corner of
A.P.N. 006-241-01 b, thence south along side property line approximately 120.00', thence 53.50'
along rear property line of A.P.N. 006-241-031, thence 95.50' along side property line to Prospect
Street right-of-way, thence across Prospect Street right-of-way approximately 42.00' to the side
property line of A.P.N. 006-243-001, thence moving southwesterly along side property line and
edge of Prospect Street right-of-way to the intersection of said street and Bodega Avenue
approximately 40.00', thence along the frontage of said property 55.00' to the southwesterly
corner of A.P.N. 006-243-002, thence northeasterly along side property line approximately 1 10.00'
to the intersection of said property and side property line of A.P.N. 006-243-017, thence along
side property line approximately 15.00' of said property to the southeasterly corner of said
property, thence along rear property line of said property 28.00', thence southeasterly along rear
property line of A.P.N. 006-243-002 and A.P.N. 006-243-004 approximately 69.00', thence along
the rear property lines of A.P.N. 006-243-005 and 006 for a distance of 1 12.00' to the northwesterly
corner of A.P.N. 006-243-008, thence along the rear properties of A.P.N. 006-243-008, 010, and
Ol 1 for a distance of 138.00' to the rear property line of A.P.N. 006-243-019, thence along the rear
property lines of said property and A.P.N. 006-243-012 and 013, thence along side property line
of A.P.N. 006-243-013, 100.00' to the intersection of Howard Street, thence across the Howard
Street right-of-way approximately 70.00' to the side frontage of property A.P.N. 006-244-004,
thence along said property line to the intersection of Howard and Union Streets, thence across
the Union Street right-of-way approximately 47.00' to the northwesterly corner A.P.N. 006-272-001,
thence along the frontage of said property 103.70 to the northwesterly corner of A.P.N. 006-272-
013, thence across the rear property lines of the said property as well as A.P.N. 006-272-014, 012
and a portion of A.P.N. 006-272-011, thence northwesterly approximately 12.00' to the most
northwesterly corner to the said property, thence 100.00' to the intersection of the said property
and Keokuk Street, thence across the Keokuk Street right-of-way approximately 68.00' to the side
property line and Keokuk Street right-of-way of A.P.N. 006-273-O11, thence southerly
Resolution No. 2007-055 N.C.S. Page 7
approximately 95.00' to the intersection of Keokuk and Washington Streets, thence across
frontage of said property 49.50' to the southeasterly corner of said property, thence across the
Washington Street right-of-way approximately 65.00' to the Point Beginning.
Resolution No. 2007-055 N.C.S. Page 8
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