HomeMy WebLinkAboutResolution 90-372 11/05/1990M Resolution No. ~o- 372 NC.S.
-~' of the City of Petaluma, California
1 DECLARING THAT PETALUMA MARINA BUSINESS CENTER
2 IS UNSUITABLE FOR USE AS
3 PUBLIC BEACH OR PARK
4 WHEREAS, the City of Petaluma is the fee title owner of that certain. real property situated
5 in the City of Petaluma, State of California, more particularly known as Lot 1,
~ Lot 2, Lot 3 and Lot 4 of Parcel Map No. 247 filed in the Office of the County
7 Recorder on February 27,.1990, in Book 454 of Maps, Pages 9 and 10, Sonoma
s County Records (herein individually called "Lot 1", "Lot 2", "Lot 3", and "Lot 4"
and collectively called the "Petaluma Marina Business Center");
~o WHEREAS, the City of Petaluma, as landlord, and Marina Office Park Associates, a
1 California Limited Partnership ("MOPA"), as tenant, have entered into those
t2 certain Subdivided Ground Leases for the Petaluma Marina Business Center
13 executed September 11, 1990, and recorded September 12, 1990, under
~4 Document Nos. 1990 0090880 (Lot 1), 1990 0090881 (Lot 2), 1990 0090882 (Lot
~s 3) and 1990 0090883 (Lot 4), Sonoma County Records (the "Ground Lease(s)").
1~ The Ground Leases replace that certain Ground Lease between the City of
17 Petaluma as landlord and MOPA as tenant recorded October 3, 1985 under
1~ Document No. 85-065899, Sonoma County Records (the "Original Lease");
1~ WHEREAS, MOPA has agreed and executed and the City of Petaluma consented to the
20 assignment of the Ground Lease for Lot 4 to Kirkman L. Lok; Cynthia Lok,
21 Lawrence Lok, Frances Lok, Alec Lok and Daisy Maria Lok ("Loks") pursuant
22 to that certain Assignment of Tenant's Interest in Subdivided Ground Lease
23 recorded September 14, 1990, under Document No. 1990 0091974, Sonoma
24 County Records;
25 WHEREAS, the State of California and the City of Petaluma have entered into that certain
2~ Compromise Title Settlement Agreement recorded April 22, 1988, under
27 Document No. 88-022142, Sonoma County Records, which recites that the real
28 property which now comprises the Petaluma Marina Business Center has been
29 filled and reclaimed and is no longer useful or reasonably susceptible of use or
3o required for public trust purposes;
31 WHEREAS, after recordation of the Compromise Title Settlement Agreement, the City of
32 Petaluma constructed the Petaluma Marina on real property adjacent to the
33 Petaluma Marina Business Park (the "Marina");
34 WHEREAS, pursuant to the Original Lease, the City of Petaluma agreed to develop the
35 Marina and MOPA and its permitted assigns agreed to develop the Petaluma
3r Marina Business Center as an integrated development;
Reso. 90-37~ NCS Page 1 of 2
Kc. s. No . ........................... _. N.C.S.
._
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1 WHEREAS, pursuant both to the Original Lease and the Ground Leases, the City of
2 Petaluma has no right to use or possess the Petaluma Marina Business Center
3 except for certain incidental rights of ingress, egress and parking originally
a described in the Original Lease and now described in that certain Declaration of
5 Easements, Covenants and Restrictions and Reciprocal Easements for the
r; Petaluma Marina Project dated and recorded September 14, 1990 under
7 Document No. 1990 0091972, Sonoma County Records (the "Declaration");
s WHEREAS, the Declaration provides adequate public access over the Petaluma Marina
9 Business Center to the Marina;
1o NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma that the
Zi Petaluma Marina Business Center is not suitable- for use as a public beach or
12 park.
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) (~)Kl~¢ meeting fO~
on the -•-•----5th---..... day of ...-----November--------------------------- 19...90 by the
following vote: .............•--•---- . -.... -
City Attorney
AYES:Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: ~
ABSENT: O AB Sobel
ATTEST: --•- •- -... w , ............ .. .. ... .. .....-.... 't-
City Clerk a o
Reso. 9~b~~~~CS ......................._.. a~e ~2 or ~
CA 10-85 ~ Rcs. No . ................_...._...... N.C.S.