HomeMy WebLinkAboutResolution 91-281 09/16/1991FZesolution No. 91-281 N C.s.
of the City of Petaluma, California
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2 RESOLUTION ACCEPTING OFFER OF DEDICATION OF
3 PROPERTIES FOR HILLVIEW OAKS
4 APN 136-120-09 AND 23
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7 WHEREAS, Cadet Farms Investors have offered for dedication the parcel described in
8 „ Exhibit A to this Resolution; and
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10 WHEREAS, Ely Partnership has offered for dedication the real property described in
11 Exhibit B to this Resolution; and
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13 WHEREAS, the offers of dedication described above are made pursuant to a development
14 agreement between the City of Petaluma and Quaker Hill Blackburn and a development
15 agreement between the City of Petaluma and B-T Land Development, Inc., in satisfaction
16 of the obligation to provide low and moderate income housing imposed by those
17 development agreements and City ordinances on Quaker Hill Blackburn and its successor,
18 Cadet Farms Investors, and on B-T Land Development, Inc., and its successor, Ely
19 Partnership; and
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21 WHEREAS, certain public improvements relating to the parcels described above have
22 been approved and their construction bonded pursuant to final maps, improvement. plans,
23 and subdivision agreements between the City of Petaluma and Cadet Farms Investors and
24 the City of Petaluma and Ely Partnership;
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26 NOW, THEREFORE, BE IT RESOLVED that the offer of dedication for the property
27 described in Exhibits A and B is hereby accepted; and
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29 BE IT FURTHER RESOLVED that Quaker Hill Blackburn, Cadet Farms Investors, B-T
30 Land Development, Inc., Benjamin/Tuxhorn and Associates, and Ely Partnership have
31 satisfied their obligation to provide low and moderate income housing pursuant to their
32 separate development agreements with the City of Petaluma and under the laws and
33 ordinances of the City of Petaluma; and
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35 BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to accept
36 grant deeds from the appropriate parties for the parcels described in Exhibits A and B and
37 to record those grant deeds upon receipt of a policy of title insurance issued by a title
Res. No..........9.1. .2.81... N.C.S. 1
1 company authorized to do business in the State of California insuring fee simple absolute
2 title in each of the parcels to the City of Petaluma; and
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4 BE IT FURTHER RESOLVED the City of .Petaluma intends that development and
5 construction of housing for persons of low or moderate income on the properties described
6 in Exhibits A and B shall be conducted pursuant to Resolution No. 91-134 N.C.S.,
7 Resolution Approving the Development Plan far Hillview Oaks, APN 136-120-09 and 23,
8 and Resolution No. 91-135 N.C.S., Resolution Approving the Tentative Subdivision Map
9 for Hillview Oaks, a 30-unit Residential Below Market Rate Subdivision Located on
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Sonoma Mountain Parkway, APN 136-120-09 and 23, and/or any changes as may be
necessitated provided that any such changes shall be made with City Council approval after
notice to adjacent property owners.
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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) ~~Xk~a meeting f°~
on the ....16.(X1---.-.-..... day of .............SB~ZEL1112P..T:........_............., 19.91.., by the
following vote: `' •' ~'
ty At o ney
AYES: Read, Davis, Cavanagh, Vice Mayor Woolsey, Mayor Hilligoss
NOES: Nelson
ABSENT: Sobel
ATTES'T': y~~~ ............................................................
City ClP .CI .......... ~~ ........................... Mayo ............,........... y
Vlce Ma or
Council 'le. ..
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CA 10-85 Rcs. No . .............................. N.C.S.
RECORDING REQUESTED BY
AND' WHEN RECORDED MAIL TO:
C t T~ 'G C~ ~,~',~-
CITY OF PETALUMA _ .~
POST OFFICE BOX 61
PETAI;UMA, CA 94953 .
OFFER OF DEDICATION
CADER FARMS INVESTORS, a California limited..par.tnership,
being .the present title owner of record of the parcel of land
described in Exhibit A to this Offer- ~of D,ed~cati.on; hereby makes
--- - an -irrevocable offer 'of dedication to ,the City of Petaluma and
its successors and assigns for the real property situated in the
City of Petaluma,- County of Sonoma, State of California,
described in Exhibit A 'to this Offer of Dedication.. The parcel
is a portion of APN'136-120-35.
This Offer of. • 'De'dication is made for the purpose of
permitting the City ' of Petaluma or its successors or . assigns to
construct housing 'fora persons of low. or moderate. income pursuant
to the resolution approving the development .:plan. for Hllview
Oaks (.APN 136-,120-:09 and -23) adopted on May 20, 1991 by the
Petaluma City Counc'1 as Resolution No. 91-134 N.G.S., and/or any
changes as may be :necessitated provided that any .such changes
shall be made.w-th City Council approval- after notice to adjacent
property owners.
It `is the' intention of CADER FARMS INVESTORS that, upon
acceptance of this Offer of Dedcat'ibn CARER' FARM INVESTORS and
QUAKER HILL BLACKBURN, a 'California general"partnership,. shall be
deemed to ;have. sat~~sf:ed i.ts ob1°igaton to provide housing -for
low and moder.,ate income persons under the laws.and -regulations of
the City ;of Peta uma and ,pursuant to .the development ~agr"cement
between QUAKER HILL BLACKBURN a'nd the City. of- Petaluma dated
March. 19 , 19'9 b . .
CA:DER FARMS INVESTORS asserts that the public improvements,
such as roads, curbs,, gutters, sidewalks, sewer lines, water
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- DEDICATION (`7B-j-- ~ - --
09/10,/.91 .
lines,. and the like, necessary to:~~ser~e.-the subject property will
• be' completed as a dart of Phase I improvements in the- Cader Farms
Su~bdvs~ion owned • .by GAD:ER• FARMS' ~ INVE'STORS,. CADER. FARMS •
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INVESTORS~•further asserts: that the improvements described above
have' been 'bond'ed for con. _str~uctiori •as part of the final map ~ and:
..
improvement plant for Caller Farms' Subdivision.
It pis understood and- agreed that the, Cty~of Petaluma and
its. successors or- assigr-s shall. incur no l~abli y w%th ;respe`ct
to this O.f-fer` of` Dedreatort and_ sha,l;;l .not assume any
responsibility for the offered parcel :of land or any improvements
on it• until this offer has been accepted by appropriate action of
the City 'Co,uncl:,.
The provisions of this Offer of Dedication shall inure to
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the :benefit.. of :and band-the,, heirs successor-s:,, assigns, and'
• persgnal repres'entat'ives of ~CADER FARMS•'ZNVESTORS;,- QUAKER HILL
BLACKBURN, and the CITY bF PETALUMA. ~ ~~
CADER FARMS I~NVES;TORS
Dated°:~ :: 1991 By ~ ..
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--- - -DED:IeATION (7B) •.. - - .
09/1:0/91 ,
RECORDING REQUESTED BY
AND WH°EN RECORDED MAIL TO:
C/% y G ~-'~~1~
CITY O;F ~ PETALUMA
. - POST OFFICE BO,X 61
P ETALUMA,, CA 9 4~9 5 3 .
OFFER-OF.DEDLCATION
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ELY, PARTNERSHIP, .a Calif~orn;ia limited partnership, being the
present title owner of :record of 'the parcel of ,land described in
Exhibit A to this Offer- of. Dedication, hereby ,makes an
---- rrevocable~offer of dedication to 'fhe City. of Petaluma and its
successors and assigns f;or the real property situated in the City
of .Petaluma, County of Sonoma, State o.f Californ'a, described in
Exhibit A to this Offer of Dedication. The parcel is a portion of
APN
This Offer of Dedication' is made for the purpose of
permitting the City of `Petaluma or its uccessors or assigns to
construct housing for persons of low or~moderate income pursuant
to the resolution approving thee. development plan for Hillview
Oaks .(APN 13b-120-09 and -23) adopted on May 20, 1991 by the
Petaluma Cty~Counc`il as Resolution No. 91-134 N:. C.S., and/or any
changes as' may be necess'itated;.provded that any such changes
shall be made with City Council approval after notice to adjacent
property owners'.
It, is the intention of ELY.,PARTNERSHIP that upon acceptance
o:f ths~,_Q;f:fer of Ded-caton ELY PARTNERSHIP, B-T LAND
DEVELOPMENT,,. INC.;., a California corporation,-and :BENJAMIN/TUXHORN
A"SSOCIATES~, "a California limited partnership, sha'11 be deemed
to have sat~sf~ed its obl:igation~to provide housing for .low and
moderate income persons under the laws and regu'-latons of the
City of` Petaluma and pursuant to the development agreement.
between B-T I~ANp DEVELOPMENT, INC., and the City of Petaluma
dated March 19, 1990.
ELY PARTNERSHIP asserts that the public improvements:.., such
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- -DED3.CATION {~7B) ~ -
09/10/9:L
as roads, curbs, gutters, sidewalks.,,,. sewer lines, water lines,.
and the like, necessary to serve the subject property w:ll.,be
" completed as a part of Phase: I improvements in the Kngsm`ll
Subd_vis,on owned by ..ELY.. PARTNERS$IP. ELYPARTNERSHIP further ,
asserts. tha the improvements described above haws been. `bonded
for- construction as part of the final map and improvement plans.
for King.sml Subdivision. -
Lt is understood and agreed that the 'City of Petaluma and
its successors or assigns shall incur no liability with respect
t;o ~ t~h~s Off~er_ of: Dedication and shat-l not assume any
r..esponsbility for`the offered parcel.o f land or~any improvements
on it until.ths offer has been. accepte d by appropriate action of ,
the City Council.
The. provisions of .this Offer of Dedication shall inure to
_ the. benefit of and :bind the heirs, successors',,assigns, .and.
,perso:na;l ;represen'ta=tees of ELY PARTN°ER-SHI`P, B-T LAND
DEVELOPMENT; INC., BENJAMIN/TUXHbRN AND ASSOCgATES,.and, the. .CITY
OF PETALUMA.
ELY PARTNERSHIP ,
Dated::. ~ , 1991 By- ~. .
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= - - DEDICATION= (7B.) _ . _ _ .
09/:1D/91