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HomeMy WebLinkAboutStaff Report 10/17/2011 4.B A I ti?, #4 -. (3 4s5' DATE: October 17, 2011 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Curtis M. Bates, P.E. City Engineer C:3 SUBJECT: Public Hearing to Adopt a Resolution Ordering the Vacation and Abandonment of a Portion of Cherry Street Adjacent to St. Vincent High School. RECOMMM'ENDAd'ION 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, at which time St. Vincent's was required by the City to dedicate the 15- foot wide strip of right of way in question. St. Vincent's did not receive financial compensation for the dedication. 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's 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 However, the school has withdrawn the snack shack and restroom facility proposal, within the area proposed to be vacated, because there isn't sufficient space available between the existing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 Agenda Review: City Attorney Finance Director City Manager setback requirement. St. Vincent's is currently looking for alternate on -site locations to house the snack shack and restroom facility. 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 these utilities, as described in Attachment 4, 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 traffic 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 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 65402 requires that the Planning Commission make a finding that the vacation is consistent with the General 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. On June 20, 2011, the City Council considered the proposed right of way vacation of a portion of Cherry Street, adjacent to St. Vincent's High School. After receiving public comments, and following Council deliberation, the City Council continued the item to August 1, 2011, and directed St. Vincent's to perform public outreach to the neighboring community regarding activities and projects underway at the school. 2 1 1. On July 7, 2011, St. Vincent's held a neighborhood meeting at the school property to discuss various items including the:, proposed snack shack, backstop extensions at the baseball diamond, installing slats in fencing advertising signs, as well as various operations and events at the school. Engineering and planning staff attended the July 7 neighborhood meeting and were available to answer. questions. Subsequent to the public meeting, the right of way vacation was rescheduled to the August 1 and, September 12 City Council meetings. However, St. Vincent's asked that the item be continued to the October 17, 2011, meeting to provide additional time for St. Vincent's to address neighborhood concerns. Staff has maintained regular communications with St. Vincent's to stay up -to -date on the status of the neighborhood outreach. St. Vincent's has provided a written response plan, which is included as attachment 7, responding to neighborhood issues identified during the right of way vacation process. This item is not required to be re- noticed to the public because the City Council continued the item to a date certain, at the June 20 August 1 and September 12 public hearings. Staff maintains a database of e -mail addresses for residents interested in this item and has e- mailed informal notifications to all e -mail addresses in the database notifying residents that the item will be heard by the City Council on October 17, 2011. 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, 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 unnecessary for present or prospective public use. Private benefit from the vacation does not make vacation improper, but 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 is 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 whether the grant was of a fee or an easement. The City's appraiser has valued the right of way at $8,500, 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. The prohibition in California Constitution, art. XVI, Section 6 on gifts of public funds has been held not to apply to charter cities like Petaluma, as previously advised in earlier public meetings by the City Attorney. The City of Petaluma Charter does not have 3 ! I provision regarding gifts of public funds. The City Council is therefore free to consider whether it wishes to require compensation at the appraised value or some other sum from the applicant, based on general . policy and any special circumstances applicable to this application, such as the original donation of the right of way by the applicant many years ago. 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 in the attached resolution and that consistent with prior action, compensation be required in the amount of the $8,500 fee appraisal. FINANCIAL IMPACTS The City has received a deposit of $5,032.54 from the applicant for processing costs. Through September 2011, staff and legal fees spent on the project totaled $4,135.60, leaving a balance of $896.94. The appraised fee value of the 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 1. Draft Resolution 2. Exhibit A - Vicinity 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 7. Letter to City Council, dated September 16, 2011, from St. Vincent's High School listing the status of addressing neighborhood issues 4 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, PETLAUMA, 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 in which the City Council voted to continue the item to the August 1, 2011 City Council meeting and directed St. Vincent's to reach out to neighborhood groups to address concerns raised at the June 20, 2011 meeting; and WHEREAS, St. Vincent's High School, on July 7, 2011, held a public meeting at St. Vincent's High School to hear and address neighborhood concerns; and WHEREAS, the City Council, on August 1, 2011, continued the item to the September 12, 2011 City Council meeting and again to the October 17, 2011 City Council meeting to allow additional time for St. Vincent's to address neighborhood concerns; 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 pursuant to California Code of Regulations, Title 14, Chapter 3 ( "CEQA 5 Guidelines "), Section 15301 as the minor alteration of existing highways and streets and similar facilities involving negligible or no expansion of use. WHEREAS, on October 17, 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 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: 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 11 FURTHER RESOLVED that the City Manager is authorized and directed to execute any necessary documents of conveyance. • 6 ATTACHMENT 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, 172.60 feet; thence leaving said centerline, North 77 °03'16" East, 14.92 feet to the True Point of Beginning; thence North 80.°27'22" East, 15.02 feet; Thence South 12 °56'44" East, 315.57 feet; South 75 °53'43" 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 property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act 4�r7 / 14 ,AtVa Tony R. Battaglia Date L.S. No_ 8394 • 4p LAND st4 • Expiration Date: 3 -31 -20.12 y R • BA Tj�C`F�. * :EXP:3 - 31.12 * `P,A No. 8394 :r 9lF ,�F CAL� • 7 . , � " efl at T . „-. .` ,, ,,,, ��- ,,�,;,. 'i54 � , i' rjr % 4 z '. 4 4 fig%,.,• .' n y Y • Y w ,, +r ' ^. i §— ?2 ^' ` ate' Az VI :' =as p.`” °' 4 3''' (i - " ht: , 4 . 'r y 4 4 ' - " � u .:'. }, t ,v rte"' v 4 b 4 �, y i >,., e ~ :14:.;,:,---1,' 'b � £ 4.„ .; ftiy� - •�, ''€'� .. tea, x R �r ; .. f ey fi �r� 1 g s s ra. �, . 4 x 'a+ ; `a b y +- a ; - ,..k ' � - v ' .y "F ° ? L "" F F j. `n {Y �ti � 5 iso lc `= n S e n rG k 4 G � I • • . s.: -4. ` Y -. `i - f" . ® r L `S71 . ' � i '' 4 *r ac \it 0 t .0t. # ` ' �S m,...: t . x �i � i ->: 'mac � "+7,a , , Y�y sr,yr. ''',P-_ . 4 i tF. „.. L-.--v �. .g t' � a � z r �a- �. --c'. '." mss.. ! . , , a '' r - s * � 47 ' K IG • . _ r . _. .. PSOPO® CB86fiY ,8lRS82 - V1C► C 'i 7 T O P B ?_♦ L .Q l! ♦ ..v: --� ovo ea..s .yu�a t. O.- m..a i...., sum �® mime Cm .� ware 8 ATTACHMENT 3 RESOLUTION NO., 2011 -02 CITY OF PETALUMA PLANNING , COMMISSION DETERMININGTHAT THE PROPOSED CHERRY STREET RIGHT OF WAY VACATION IS !CONSISTENT '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 an application to the. City of Petaluma Planning Department requesting that the City vacate a portionof an existing public right of way easement located' on Cherry Street, adjacent to school property at 849 Keokuk Street; and; WHEREAS, St Vincent de Paul High School has requested the proposed vacation to accommodate the ;school's sports programs, portions of which would use the right of way proposed to be vacated; and WHEREAS, Cherry Street in the vicinity of the proposed` vacation is not identified in the General Plan, Figure 5-1, as a current or proposed arterial, collector or connector street; and; WHEREAS, Cherry Street in the vicinity of the proposed vacation, is not identified in the General Plan, Figure 5 -2, and /or. the City of Petaluma Bicycle and Pedestrian Plan as a site for proposed bicycle or pedestrian paths; and, WHEREAS, the;; 15 foot right of way proposed to be vacated is not needed for street widening or modification, and existing streets are sufficient to accommodate the circulation needs of the surrounding neighborhoods and the City Petaluma and are consistent with General Plan circulation and access policies and programs, including but not limited to 5-P -1, 5- P-3 and 5-P -7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY "OF'PETALUMA PLANNING COMMISSION THAT: 1. The foregoing factual recitals are true and correct and incorporated herein as findings. Planning Commission Resolution No. 2011-02 Page 1 9 • The: proposed vacation is consistent withthe Petaluma General Plan based on the findirts'contained herein. ADOPTED this'22nd day of February 2011, by the following vote: Corr►RUttee Member Afire No Absent Absfcai Abercrombie X Albertson X 2 ^d'Vice Chok Elias X Herrtes X Vice Chair `,Hurley X ChairJohansen X Pierre X • Curtis Johansen, Chair ATTEST: APPROVED AS TO FORM: rte"" Geo Bradley, Commission Secret Leslie Thomsen, Assistant City Attorney • Plaiining' Commission Resolution No. 2011 -02 Page 2 10 CITY OF PETALU:MA STAFF REPORT Public Works Department II English Street, Petaluma, CA 94952 (707) 778 -4303 Fax (707) 776 -3602 E -mail: publicworks®ipetaluma.ca.us DATE: February 22, 2011 AGENDA ITEM NO. I TO: Planning Commission PREPARED BY: Curt Bates, City Engineer C REVIEWED 13Y: Heather Hines, Deputy Planning Manager Leslie Thomsen, Assistant City Attorney SUBJECT: Review General Plan Consistency for Right of Way Vacation Cherry Street, near 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: Cherry Street Right of Way Vacation Project Manager: Curt! Bates, City Engineer Project Applicant: St. Vincent de Paul High 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 11 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: ;I 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 Cityin 1994 (DN. 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 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 Bicycle 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 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 Page 2 12 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 11 has been identified or prioritized for on- street bike lanes ormulti-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 10 -foot wide public storm dram 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. — ENVIRONMENTAL 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 transfer of 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 any improvements are proposed. ATTACHMENTS 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 13 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- "wayline'of Cherry Street distant therefrom South 39 °05'19" East, 33.86 feet from a found 1-1/4" brass.disc marking the intersection of CherryStreet and the centerline ofDeerfield,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 the proposed easterly right -of -way line of CherryStreet, North 12°56'44" West, 12.36'feet; thence leaving said right -of- -way, South_66 958`52 "East, 18.52 feet; thence South 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 theProfessianal Land Surveyors Act Tony R. Battaglia, Date LS No. 8394 QED. LAND SUH G F� sk , BATt G 9 1 sT No. 8394* 9lF OF Cal \F ? 14 , ,. . • i LANDS OF 5T. VINCENT de PAUL (k76 46 '57"ET T_ N77 "E 14.92' N50 '2722 "E H16H SCHOOL 1 APN 006-021-026 t o )- - 1 °27 '22 "E k' 1502' • - - - 76 5coh a: 1".40' E4 -Z 4 OP t) - /5: STRIP _ ' 1 C4 - (CITY OF PETALUMA) X D l'il zfa Ii- `-- .„, Ai LI, i m 1 i?; 71 ? 1 LANDS OF L 0 t b ST. VINCENT de3 PAUL 4 M 17 I i Z Hi6H SCHOOL 30 1.5' 15' I APN 006-021-026 ) 1 1 I - ------ - E DEER LD li LA1VE on % 566°5,6352E 1 539 -,, 10' Storm Drain N12°56'44"1 1/4" Easement 12.36' I I 'Point, of 1 512°5644"E 1 E3eginning I 12.36' N-' i N66 ''513 '52"1A 4) 18.52' * _ 11) 0111 is-I 210j 'II -5 -C14 LAND SIT4 - N -1 '-• o ... C •••1 I 1 C:4 , 575 ° 55 '4 5 L'T*4 • t'q ' t.- C.) Lands of Agajan ' O.N. cfc1-047595 1 PREPARED BY TRE3 LAND SURVEYINe GO. EXHIBIT "B" 1617 SEQUOIA DR:, PETALUMA, CA. © 2011 Copyright TRB LAND SURVEYING CO. (707) ci75 15 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 Tine of Cherry Street distant therefrom South 18 °51'15" East, 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 in Book 490 of Maps, at pages 17 thru 20 Sonoma County Records; thence along the proposed easterly right -of -way line of Cherry Street, North 12 °56'44" West, 10.00 feet; thence leaving said right -of -way, North 75 °53'43" East, 15.00 feet; thence South 12 °56'44" East, 10.00 feet to a point on the northerly line of the lands of Agajan recorded in Document. Number 1999- 047595, 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 description has been prepared by me, or under my direction, in conformance witti the Professional Land Surveyors Act Tony R. Battaglia, Date LS No. 8394 ( O----,, tAND SU 2 l. o y J No. 8394. : qlE O c At\F 16 ( '- LAND5OF 1" I 5 VINCENT de PAUL (N76' ° 4637'F! - - _ HI°OH5CHOOL 2 1 N77 ° �6 E APN OOb- 021 -06 14:42' Ne0 ?722'E I 1 - --- - --- -- -- 2oe.eo' 143.86' --- �i 1 I N30'2722'E 1 I 15. ` 5colo: 1"..40' E"•4 `I'� I !' II I 15' .STRIP `I (CITY OF PETALUMA) - -- I C 1 _ � � I 1- `' m I Ul Lot 6 Pi h I 4 M 17 i -1-1 so is :1s' 1 is I 1 I 1 LANDS OF � 1 5T. VINCENT de PAUL R I llcSH 'SCHOOL DE ; I I w APN 006 - 021 -026 LA - 11 I1 I 1 �1 I I 1 r VII • 1 w 4 �I 1 1 I 1 I -1 I I N75 5343E E� UM S s 15.00' �C�' R.Tq`�o I 10' Sanitar Sewer o c ��." Easement � : p � iF !b. 8394 ry 0 i t j 5125644 � OF A4 re 2 1 lO.00' ' C \1 M I __ _- N75534XE 320_41'----- - Point of Lards of AgaJan I $eg;,N,;r,3 1 575'53'43W D. q 047585 I moo' PREPARED BY T RB LAND 51JI. YIN6GO. EXHIBIT 'B" 1617 5E0i/01A DR., 1- biALUMA, GA. 0 Copyright TRH 'LAND SURVEYING CO. (707) 975 17 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 9, 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 11 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, 11 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 hereinbefore referred to and described. 18 19 Dated: — a oZQ 1( By: QJ -" 20 City Clerk • 21 22 23 24 25 26 S :\Development FolderiCity Council Stall and Resolutiions\St. Vincent ROW Vacation ■Posted Notice.doc • 18 t AFFIDAVIT OF POSTING 2 3 Curtis Bates declares under penalty of perjury 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), 1 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 11 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 17 "J 18 �� 19 Curtis M. Bates, P.E. 20 City Engineer 21 mengineering DivisionADevetapment Processing Folder\Planning Project Refenals\ABh'1St Vincents fHet ScltoofCheny .Street 22 Right of Way Vacation Affidavit of Posting.doc 19 ATTACHMENT 6 • Recorded at the Request of: O The Cit of Petaluma I I 1� ! OFFICIAL.' •• oF MIA, MTV When Recorded, Please Return to AT RECRJEST OF 0 31/199• 1 3:48 CITY ' CLERK $ cVry 0F,iiE"AWMA tamp P. O. BOX 61 PETAi, UMA. CA 94953 Qe- record o fn C ( J e: Parcel 2 GRANT DEED (FOR STREET RIGHT- OF -WA! THE. ROMAN 'CATHOLIC WELFARE CORPORATION OF SANTA ROSA, a California non - profit, corporation, does hereby grant to the CITY OF PETALUMA, '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, Coanty of Sonoma, State of California and more Particularly described as follows: aptiMain Beginning, at the Southeast corner of the Lands of the Ronan Catholic W arg, Corporation, thence North 13°33'.30 Best for feet,. thence North 79 °30' East (by deed) for - 1A Qfeet, thence South 13°33'30" East for 325.04 fee 1"i North 75°22' West for 16.57 feet to the point of beginning, containing some 0.11 acres more or less. PARCEL?: Beginning at the point designated as Point A on the • attached map :and marking the Northwest corner of the Lands thence s of Kuehn, from there North 13 West for 181.25 South Bast for 16,5 feet, thence South 13 28• East for 174.34 feet, thence South 79 °30• Nest (by deed) for 15.0 feet to the point of beginning, containing some 0.06 acres more Or less. X33 20 PARCEL 3: Beginning at the Northwest corner of the Lands of the Roman Catholic Welfare Corporation, thence South 62 °10' East for 287.96 feet, thence. due East for 176.72 feet to the Northeast corner of the Lands of the Roman Catholic Welfare Corporation, thence South 11 East for 13.00 feet thence due West for 17 6.72 feet, thence North 62 °10' West for 287.96 feet, thence North 1 °00' West (by deed) for 13.00 feet to the point of beginning containing some 0.14 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 causel,this deed to be executed by a duly authorized agent on the / 8' day of January, 1994. THE ROMAN CATHOLIC WELFARE CORPORATION OF SANTA ROSA, a California non- profit corporation By!. G THOMAS J. KEY Chief Financial Officer VOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) a8. COUNTY OF SONOMA ) On this /f4J, day of January, 1994, before me, Patricia A. srandmeir personally appeared THOMAS J. KEYS, personally known to me to be the Chief Financial Officer of the Roman Catholic Welfare Corporation of Santa Rosa, the party that executed the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. 4at9 33 21 • • WITNESS my hand and official seal. �p Frei/? Notary Pubilc My Commission Espixess PATRiC1AA BRANRAdEiR • ' � � cow: 992286 troterm cAuroRNIA Z ` ra / P Mc tMw .• • • • 22 ea /001 f ..,. / /r / // /fit cHERRY A. to Nfiff 0 V 4 f 'I¢ � e a2/ • ► ► a ■ 33 'tea:& KELLW amttswrmc w► ingui aaaa� ewuaoaw • 23 • �' 4 ► 4e • ak it 0' � PARCIL a- $ • ST KEOKU - • Nair A a (0 TAMINTZICZER .aCEIGYar • 24 AFTER RECORDING MAIL'I'O: City Clerk P.O. Box 61 City of Petaluma, CA 94953 CERTIFICATE OF ACCEPTANCE This is to certify that. the obligations 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 1 and Magnolia Street Parcel 3, and Pare Ig rry ittar to the City of Petalu ma a Calfornia municipal corporation, is `here>i eed official y aaxpaod by the on behalf of the Petaluma City Council pursuant to authority " conferred by the resolution of the City Council adopted on January 18, 19665, and the City of Petaluma consents to recordation thereof by its duly authorized. officer. Dated: January 21 19' 9 4 . )ohn L chaser; City Mffl ger ACKNOWLEDGEMENT (CC * 1181 (g) STATE OF CALIFORNIA ) COUNTY OF SONOMA ))99 On this 21 s/ " da of AnuAr , 19 94 , before me, Paulette Lyon, Deputy City Clerk, City of Pctatutna, personally appeared John L. Scharer , personally 3known ,to me to be (orr proved to me on the basis of satisfactory evidence) to be the " i(s) ' whose name(s) is/are subscribed to the within instrument: and acknowledged 'to me that he/she/they executed the same in, his/her /their authorized capaciity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of wlucti the person(s) acted, executed the instrument. u / Pain Lyon, a ity' Clerk Seal City of Petal 1-- Govt. Code _ -.. City of D- : :ityC 1724600.1 25 • ATTACHMENT 7 S i . VINCENT DE PAUL FFt)HIGH SCHOOL ENTER TO LEARN, LEAVE TO SERVE 849 Keokuk Street Petaluma, CA 94952 707 - 763 -1032 www.svhs- pet.org September 16, 2011 Members of the Petaluma City Council, The St. Vincent de Paul High School administration met with neighbors of the school in the St. Vincent's library at 5:30 PM on Thursday, July 7 2011. The neighbors expressed the following areas of concern: 1. Recover graffiti on retaining wall with color that better suits the neighbors 2. Location of proposed tractor shed 3. Noise from weekend evening events 4. Baseballs going over backstop 5. Clover sign 6. Location of proposed football scoreboard 7. Lights on field 8. Field rental to outside groups 9. Sponsor banners on field 10. Home bleachers visible in backyards 11. Parking on Cherry Street during games St. Vincent's intends to address these concerns in accordance with the action and timeline as follows: 1. Retaining wall has been repainted in gray, stone color. 2. Place shed behind Tillman Hall in accordance with neighbors wishes (whenever shed is procured, probably in the summer of 2012). 3. Restrict weekend field hours from 8AM to sundown and post signs proclaiming this timeframe along with the injunction, "Please respect the neighbors" (October 15 th ) 4. The school is researching several possible resolutions for reducing the number of foul balls clearing the fence; solutions are problematic because some neighbors oppose additional fencing. Initial addition of netting from corner to corner of home plate backstop appears to be viable at this time. 5. The Clover sign will probably be removed when the snack shack is constructed, planned for the summer of 2012. 26 6. Football scoreboard will be mounted below existing softball scoreboard (summer of 2012). 7. St. Vincent's confirmed that there is no plan for lights. 8. St. Vincent's confirmed their policy of renting only to youth athletic leagues and restricted weekend rental hours from 8AM to sundown. 9. School representative met with neighbors on August 29 to provide the option of slats or "Dura Hedge ", a hedge -like slat. Dura Hedge or slats along fenceline to improve fenceline view (first installation in September of 2011). 10. Install Dura Hedge or slats behind bleachers to conceal bleachers from view (summer of 2012). 11. Place "No parking" signs on Cherry Street and ask field renters to patrol parking (October 15 Sincerely, Principal John Walker (707) 763 -1032 x. 111 27