HomeMy WebLinkAboutStaff Report 2.D 03/05/2012 1 Itwvv#2 .D
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DATE: March 5, 2012,
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TO: Honorable Mayor and•Members of the•City Council throu h CityManager
FROM: Dan St. John, Director of Public Works and Utiliti •
SUBJECT: Resolution Ordering the Summary Vacation of a 1•5-Foot Wide Public Storm
Drain Easement at 1800 South McDowell Boulevard Extension, Lot 7, Cader •
Lane Industrial Park, APN: 005-290-011,Petaluma, California.
RECOMMENDATION •
Itis recommended'that the City.Cobnciladoptthe attached resolution ordering.the summary
'vacation of 15-Foot Wide Public Storm,Drain Easement at 1800 South McDowell Boulevard
Extension, Lot 7, Cader Lane Industrial Park, APN: 005-290-011, Petaluma, California. •
BACKGROUND
The applicant, RNM Petaluma, Inc., hasrequested the•City'of Petaluma vacate and abandon a
15-foot publie storm drain easement as shown in Attachment 2. In the.early 2000's, RNM
Properties constructed two commercial,buildings on this site In order to install one of the
buildings, the existing storm drain line'was required to be•relocated,to another.portion of the
property, outside of the,existing.easement and building footprint. The existing storm drain
easement was never vacated nor was a new easement recorded:for the relocated line. RNM is
requesting the City vacate the unused easement and a deed has;been;prepared for the replacement
easement, which is being provided to the city/by RNM at no cost (Attachment 4).
The easement proposed'to be vacated was required by the CityofPetaluma as part of the Cader
Lane Industrial Park and was dedicated to and accepted by the City in.1992. Dedication of public
utility easements is standard practice on subdivision m_ apssto accommodate existing, proposed or
planned public utilities..
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DISCUSSION
Vacation (abandonment) of public service easentents'is governed by Califor'iia'Streets and
Highways Code, Division 9, Part 3', Chapter 3, Sections 8300 et seq. Under Section 8333,
summary vacation, which is a simpler process than a standard vacation, can be used for a public
service easement that has not been used;for the purpose for which.it was dedicated for at least
five years prior to the vacation. This proposal is eligible for the summary vacation process,
which does not have,to go'to the Planning Commission for review of General Plan consistency
and does notrequire•notice other than on the Council agenda. The vacation is exempt from the
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Agenda Review:
City Attorney Finance Director City Manager �1-
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California Environmental QualityAct,(CEQA) under section'15301.ofthe:CEQA Guidelines, as
a minor alteration of existing highways and streets andwsimilaffacilities-involving negligible or
no expansion of use.
In order to approve the summary vacation, the City Council must find the subject portion of the
easement 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, itis necessary for the Council to also decide terms and conditions
for the vacation, including,an%appropriateamount of compensation from the applicant, if any.
The Streets and Highways.Code.does not require compensation for vacating a public service
easement. The prohibition.in California Constitution, art. XVI, Section 6 on gifts of public funds
has been held not to apply to charter-cities and the City of Petaluma Charter does not have
provisions regarding gifts,of public.funds. The City Council is therefore free to consider whether
it wishes to require;compensation at an appraised value or some other sum from the applicant,
based on general policy and any special circumstances applicable:to this application. However,
RNM properties has already constructed a re-routed public storm drain line and is dedicating a
new 15-foot wide; public storm drain easement as part of this item(Attachment 4). The vacated
public storm dfaiin easement is of.little value"-because it"can be-used only as a public utility
easement and the cost of an appraisalwill likely exceed the value of the easement.
Therefore, it is recommended that the City Council not seek compensation in this case.
Council action is not required to accept the replacement easement because by prior resolution,
the City Council has authorized thecitymanager to accept this type of transfer.
FINANCIAL IMPACTS •
The City has received a deposit of$1,236.06 from the applicantforprocessing costs. The
• application is a cost recovery project. Any remaining funds will be refunded to the applicant
once the project is complete and the:applicant is responsible for providing additional project
review funds as necessary. 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. Survey plan of area proposed to be vacated
3. Final Map of Cadet Lane Industrial Park
4. Replacement.Easement Grant Deed for Public Storm Drain Easement
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• Attachment 1
DRAFT RESOLUTION.NO: NCS
ORDERING THE SUMMARY VACATION OF A FIFTEEN-FOOT WIDE PUBLIC '
STORM DRAIN EASEMENT AT 1800 SOUTH MCDOWELL..BOULEVARD
EXTENSION, LOT 7, CADER,LANE INDUSTRIAL PARK, PETALUMA,
CALIFORNIA;APN: 005-290-011
• WHEREAS,,pursuant'to Sections 8300 et.seq. of-theiCalifornia Streets and Highways
Code,applicant RNM Petaluma, Inc: (RNM) requests the City Council summarily vacate the 15-
foot wide public utility easement,at;1800 South,McDowell Boulevard Extension, APN: 005-290-
011, shown in Attachment.3;.and ,
WHEREAS, the public utility easement has not been used for the public utility purposes
for which it was.granted for more than five consecutive years immediately preceding this action;
and
WHEREAS, RNM has has offered for dedication;a new public-storm drain easement
satisfactory to the City and has constructed a re-routed public'storm drain line in that easement;
and
WHEREAS; the City Council, having duly received and considered evidence concerning
the facts in this proceeding fords from all the evidence submitted that;the public service easement
hereinafter described is.unnecessary for present or prospective public•utility purposes;,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 Guidelines"), Section 15301 as the minor alteration of existing highways and streets
and similar facilities involving negligible or no expansion of use; and
NOW, THEREFORE, BE IT RESOLVEDby 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, including but;not limited to Streets and
Highways Code Section 8333, 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 wifh'the following condition:
1. If the vacationresolution is not recorded within one year of approval, the vacation shall be
considered mill 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 IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute any necessary documents:of conveyance.
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Attachmerit 2
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-OisCription. Sonoma,CA,Record Haps-494:9 Page: Z of.3
Order: 2 Comment:
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Attachment 4
Recording Requested:y.arid,
When Recorded Rett rir-to:
Helen Sedwick
Bennett Valley Law •
2896 Bardy Road
Santa Rosa, CA 95404
EASEMENT DEED
RNM LAKEVILLE, LP, a California limited;partnership,hereby'grants to THE CITY OF PETALUMA,
a Municipal Corporation of the State of California,
A STORM DRAIN EASEMENT, with rightof iinmddiate.entty for.the construction, improvement,
maintenance and repair, operation.and replacement,
Over the property described on Exhibit.kattached hereto and hereby incorporated by reference.
RNM LAKEVILLE, LP.,
a California limited partnership
By RNlyl Petalum I'c a California
corporatioi , t aerie al rtner
aul B. Elmore,:President
CERTIFICATE OF ACCEPTANCE
• This is to certify that the interest in,the real CITY OF'PETALUMA, a.Municipal corporation
property conveyed herein is hereby accepted by
order of the Council ofthe City of Petaluma
pursuant'.to Council Resolution No. By:
dated •
, and Its:
grantee consents to recordation thereof by its duly
authorized officer..
1 •
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ACKNOWLEDGEMENT •
STATE OF _
ss.
COUNTYOF -]„ �•;-41 c= i )
Ott io. • > =.201 3,before me, La ra !cunt; ,Notary Public,
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personally appeared- t' ' l % . I ..l u?10t`u
who proved to me on the basis ofsatisfactory,evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me•thatsha/he executed the same in-her/his authorized capacity,and that by 4terfhis
signature on the instrument the person,or the.entity,upon behalf of which the person acted, executed the instrument.
I certify under.PENALTY OF PERJURY under:the laws of the State of ('rd. ;-Q c._ that the foregoing paragraph
is true and correct.
WITNESS my hand and of8cialseal.
LAM?
4tafr Cominfsabn`d4910309
* Notary PubAe•COMMA
1. L s,4% San.Ftoteiaeo Canty
4'WSJ,_-�' .t,(--,'' 2 `. M Cotiim E koa 16'20
Signature ofNotary Public /r - Place Notary Seal Above
ACKNIOWIEDGEMENT
STATE OF
COUNTY OF _ )
On ,201-_,.before me, ,Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person'whose name is subscribed to the within
instrument and acknowledged to me that she/he:executed the samein her/his'authorized capacity,and that by her/his
signatureon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY.OF PERJURY under the.laws of the State of that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public Place Notary Seal Above
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EXHIBI-T "A"
LEGAL DESCRIPTION
f5' PUBLIC STORM DRAIN EASEMENT
LOTS-7&,8;CADEWLANE'INDUSTRIAL PARK
PREPARED OCTOBER 8,2001
A 15-foot'Public Storm Drain Easement for drainage purposes;'being a'portion of Lots 7 & 8 as shown and
designated upon that certain map°entitled."Cader Lane Industrial Park" filed April 20, 1992 in Book 494 of Maps
' at Pages 7 thru'9, Sonoma County Records, the centerline of said 15-foot easement being more particularly
described as follows:
Commencing at point on the southerly right of way of South McDowell Boulevard,being the common corner of
said Lots 7& 8;thence easterly along said right of way,being a curve to the left,with a radius point which bears
North 19°2i'14' East,2,032.00 feet,and has an internal angle of 00°12'42",a distance of 7.51 feet,to the Point
of Beginning of said centerline;thence from,said Point of Beginning,South 21° 33' 00" West,25:02 feet; thence
South 87°30'29"West, 1 77.20 feet,thence South 20° 00'29"West,33.18 feet to a tangent curve to the left,having
a radius of 500.00 feet and an internal angle of 15° 53'33";thence along said curve 138.69 feet;thence South04°
06' 56'' West,48.16 feet to the southerly property line of said Lot 8 and end of said 15-foot Storm Drain Easement.
Legal Description Prepared By: BAECHTEL HUDIS INC.
By 7/18/02 (oust
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