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Home My WebLink AboutResolution 93-142 06/07/1993~eSOll.l~l®rl Nom. 93-142 N C.S. of the City of Petaluma, California RESOLUTION ORDERING TIIE VACATION OF EXCESS RIGIIT-OF-WAY ADJACENT TO GRANT SCIIOOL IN TII~ CITY OF I'ETALUMA, CALIFORNIA FORE PARTICi7LARLY DESCRIBED IN TIIE BODY OF TIIIS RESOLUTION WIIEREAS, the Council of the City of Petaluma did on the 3rd day of May, 1993, adopt Resolution No. 93-112 N.C.S. declaring their intention to vacate unused right-of- way adjacent to Grant School hereinafter described, which Resolution was duly and legally posted in the time, form and manner as required by law as shown by the affidavit of posting on file in the Office of the City Clerk of said City; and, WIIEREAS, after the adoption thereof, notices of the passage of said Resolution headed "Notice of Vacation, of unused right-of--way adjacent to Grant School" were fully and legally posted in the time, form and manner as required by law as shown by the affidavit of posting on file in the Office of the City Clerk; and, WIIEREAS, said Council has,, on the 7th day of June, 1993, held a public hearing for the purpose of hearing the evidence of any person interested in or objecting to said proposed abandonment and vacation; and, WIIEREAS, said Council, having duly received and considered evidence concerning the jurisdictional facts in this proceeding and finds from all the evidence submitted that the easement for street purposes hereinafter described is unnecessary for present or prospective public street purposes, and the said Council of the City of Petaluma having now acquired jurisdiction to order the proposed abandonment and vacation; NOW, TIFIEREFORE, BE IT RESOLVED by the Council of the City of Petaluma, pursuant to and in accordance with the authority contained in the Street Vacation Act of 1941, that the following real property for street purposes in said City be, and the same is hereby ordered vacated, abandoned and forever closed to public use: See Exhibit "A" ~~s. N~..........93-142... N.cs. ~E IT FLJIZI'IIEI~ RESOLVE 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. ~E IT ~'~JR~IEII RESOLVED the City Manager is authorized to negotiate the disposition of the underlining real property. grant/sb/agenda/a:2 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 Approved as to Council of the City of Petaluma at a (Regular) (I~F~]#~'FR~k{~R~E§~~ meeting form on the ...---~.~~ ............. day of ..............t111Z1~....--......-......................, 19..83.., by the following vote: __._ City Attorney AYES: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss NOES: None ABSENT: Vic Mayor S ATTEST : ...... .... .............. ..... ..... ..•--•--•--............---...........----:-.....-.. City Clerk iouncii r uqqe.-.-.-..---O--°°---°-°---...-.- CA 10-85 Res. No. .9.J.-.~.4.6........... N.C.S. RECORDING RE4UESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTH ER~ WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAr6 ~ Petaluma School District AocResa 11 5th Street cirr a Petaluma CA 94952 srAre Z,P L J Title Order No. Escrow No. ' SPACE ABOVE THI~}~bC~~~~(($~, ;r.ctli;T! u10 efit City of LJ IBC I ~ I Il'1 ~C~ ':~t:u~.~ ~icia E. Berr_ard, City lerk The undersigned declaresthatthe documentarytransfertaxis a ..............................................................andis ^ computed on the full value of the interest orproperty conveyed, or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in unincorporated area ~ city of ... PETALUMA ....................................................... FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, THE CITY OF PETALUMA, A MUNICIPAL CORPORATION does .hereby remise, release and forever quitclaim to PETALUMA CITY SCHOOL DISTRICT the following described real property in the state of California: SEE ATTACHED EXHIBIT "A" Dated June 14, 1 county of SONOMA CITY OF PETALUMA, a Municipal Corporation o n L. Sc arer, City Manager ACKNOWLEDGEMENT 4~,Tn[,uy~ cc § 11s1 (~) STATE OF CALIFORNIA ) ss _ COUNTY OF SONOMA ) 86B On this ~ day of ~ 1993, before me, Patricia E. Bernard, City Clerk, City of Petalu ersonally appeared,.IOHN L. SCHARER personally known to me to be the City Manager of the ity of Petaluma and known to me to be the person who executed the within instrument on behalf of the City of Petaluma and acknowledged that the City executed the same. atricia E. Bernar t y Clerk t (Cif j Manager) ~_ ..-, i .. r~e5o `~ 3 - -q ~, ~I ~ s EXHIBIT "A" UNUSED RIGHT OF WAY ADJACENT TO GRANT SCHOOL All that real property granted to the City of Petaluma by deed recorded in Book 2204 of Official Records, at page 12 of Sonoma County records, which is more particularly described as follows: BEGINNING at the Southwesterly corner of that parcel of land conveyed to Michael. M. Savage, et ux, by deed recorded in .Book 2094 at page 714 Official Records of Sonoma County,. said point being also on the Northerly line of 1VIcNear Avenue; thence leaving the boundary of said Savage parcel and running S 84° 20' 30" W 1.69 feet, S 89° 56' W 208.46 feet and N 17 ° 30' W 103.30 feet to a point on the Easterly boundary of the land described as Parcel Two in the deed to the Petaluma City School District, recorded in Book 1665 at page 377 Official Records of Sonoma County; thence along said Easterly boundary S 0° 53' W (S 0° 26' W in deed) 128.57- feet; thence leaving said Easterly line and running N 89° 56' E 243.00 feet and N 0° 21' E 30.16 feet to the Point of Beginning. Saving and excepting that portion of McNear Avenue as shown on the City of Petaluma Map No. 273 filed for Record in Book 493 of Maps at Pages 28-30, Sonoma County Records which is more particularly described as follows: BEGINNING at the most Southeasterly corner of the above described real property said Southeasterly corner also shown on the said Parcel Map No. 273, thence from said Southeasterly corner S 84° 24' 09" W 0.02 feet, thence S 89 ° 59' 39" W 164.54 feet to anon-tangent curve to the right with a cord of N 02 ° 25' 25" W 30.03 feet and a radius of 50 feet, said curve ending at the Southerly boundary line intersection with the cul-de-sac arc as shown on the said Parcel. Map No. 273, thence from said intersection N 89 ° 59' 39" E and along the said southerly ,boundary line a distance of 164.34 feet to a point thence N 84 ° 24' 09" E 1.69 feet to the Southeast corner of said Parcel Map No. 273 boundary, thence S 00° 21' 49" W 30.16 feet to the point of beginning; .and,. Excepting and reserving to the City of Petaluma that easement and right to maintain, repair, construct or reconstruct storm drain and other public utility facilities (Document No. 80066866 S.C.R.) in said street and the right of all necessary entry therefore. BASIS OF BEARING FOR THE SAVING AND EXCEPTING DESCRIPTION: Parcel Map Nb. 273 filed for record in Book 493 of Maps at pages 28-30 Sonoma County Records. savage/sb/legal/a Page 1 of 2 (~~~ q3 - 14 ~ ACS ' All that real. property granted to the City of Petaluma by deed recorded in Book 1774 of Official Records at page 415, Sonoma County Records, which is more particularly described as follows: BEGINNING at the. most Northeasterly corner of the Grant Avenue School property, from which point the Northeast corner of Lot 8, Mt. View Tract, bears N 0° 53' E 31.30 feet; thence from said point of beginning S 0° 53' W 229.80 feet to a point; thence N 89° 56' E 243.00 feet to the most Easterly line of the lands of the Grant Avenue School; thence S 0° 21' W along the said Easterly line 112.90 feet to the Northwesterly corner, Larson Subdivision, as .recorded in Book 69, Page 36, Sonoma County Records; thence S 0° 16' 2S" W 194.00 feet to the Southeasterly corner of saki school property; ~ thence S 89 ° 56' W 50.00 feet to a point; thence N 0° 16' 25" E 194.33 feet to a point; thence N 0° 21' E 82.57 feet to a point; thence S 89° 56' W 193.27 feet to a point; thence N 17° 30' W 246.54 feet to the south line of Grant Avenue; thence N 72° 30' E 81.93 feet to the point of beginning. Saving and excepting the portion of McNear Avenue as shown on the City of Petaluma Parcel Map No. 273 filed for record in Book 493 of Maps pages 28-30, Sonoma County Records and more particularly described as follows: BEGINNING at the most Easterly corner of McNear Avenue as described above and referred to in said deed. to the City of Petaluma described above thence S 84° 24' 09" W 0.02 feet,'thence S ~89° 59' 39" W, 164.54 feet. to anon-tangent curve to the left with a radius 50 feet and a cord of S 44° S8' 11" E 42.40 feet to the Southerly right of way line of McNear .Avenue described above,, thence N 89 ° 59' 39" E, 134.40 feet to 'the Easterly line of McNear Avenue described above thence N 00° 21' 49" E 30.01 feet to the point of beginning; and, Excepting and reserving to the City of Petaluma those easements and right. to maintain, repair, construct or reconstruct sanitary sewer, water, and other public utility .facilities (Document No. 80066867 S.C.R.) in said street -.and the right of all necessary entry therefore. BASIS OF BEARING FOR THE SAVING AND EXCEPTING DESCRIPTION: Parcel Map `No. 273 filed for record in Book 493 of Maps at pages 28-30 Sonoma County Records. savage/sb/legal/a Page 2 of 2 ~2so ~ 3 - I~'~. -- - % " . .. N~~ ~ P~j GRPN~ / P.M.273 PARCEL 1 / ~ \\ HA)A)AER 3539 OR 198 . Unea~~STrincted srtre4,t el~ to. b e ~ vb,C ai P,d PETALUMA CITY SC1i~5 1721 OR~ 176 ' , (GRANT SCHOOL), M w J a U ~,Tr"t~.- z~cr~, . a~ ~ ~ zx.5 iS ~-,~~,~ ~ n 1 ~1 ~1 ~j 1-Ofr.I a.(•P.q ~•~ Cra. YGC.aTa,d 30~(,UO . `~~ P-~w fio r~,n,~~ ~~ 1 1 ~ P.)A:89 ~ 1 PARCEL °A° 1 ~ 1 - - P.M.273 P.M.273 PARCEL 2 PARCEL 3 5' P.U.E.' I I -2176 OR 657 L~ ThT V r+~1 i NONVEHFCUTAR ACCESS LINE . I ~j PER P.M.89 I I I1 ~.; EX. C~OtdC. PAD I ~ :, , I II ~ G - EX P'O~tTA~E I I I PAC EL,' 1. . SH1:DS ~-• -• ®ETAII i ~ ~ `~ I I I I ~ qTY ~ PETALUhFA I I 2204 ORo12 qTY OF PETAL"UAAA I I 1774 OR 415 I I I I I I I PETAIUlAA CITY SCHOOLS EXIST. I I 1721 oR 176 1NATERUNE I I (GRANT SCHOOL) . I I u ~ aon st rv~ctcd . I I st~~~- ~~, I I To ce, vc~cGt~-, --~ ~--- CITY OF PETALUMA ~` 80-066866 I I 15' STORM DRAIN ~ I EASEMENT I I I I I I EXISTING EXIST. - I I RIGHT-OF-WAYS, EASEMENTS SEWER UNE I I AND ENCROACHMENTS ~ ~ ~~~o . G 3 - I~ a. t~fC.S P.M.273 ?ARCEL 4 P,~ w t-o 1~e,n~ai f1 w .. f N