HomeMy WebLinkAboutOrdinance 2335 N.C.S. 07/06/20091
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EFFECTIVE DATE
OF ORDINANCE
August 6, 2009
Introduced by
David Glass
ORDINANCE NO. 2335 N.C.S.
Seconded by
Teresa Barrett
AUTHORIZING THE EXPENDITURE OF $21,900, PLUS COSTS AND FEES, TO PURCHASE
EASEMENTS FROM DAVID P. FRYM AND DALE E. DANIELS ON SONOMA COUNTY
ASSESSOR'S PARCEL NUMBERS 007-071-009 AND 007-071-010 IN CONNECTION WITH THE
PETALUMA RIVER TRAIL ENHANCEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, David P. Frym and Dale E. Daniels (Grantor) are the owners of two parcels of
real property located along Petaluma River between Copeland Street and Lakeville Street, in
the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel Nos. 007-
071-009 and 007-071-010 (Parcels); and,
WHEREAS, the City of Petaluma (Grantee) is acquiring from Grantor easements for the
construction, operation and maintenance of a river trail; and,
WHEREAS, for such purposes, Grantee intends to construct the trail onto the easements;
and,
WHEREAS, at a closed session on October 28, 2008, the City Council of the City of
Petaluma authorized staff to negotiate the easements with the Grantor. Staff has successfully
reached an agreement for the easements; and,
WHEREAS, the City of Petaluma, in consultation with the Grantor, has prepared an
easement deed, which is attached to this ordinance as Exhibit A to Ordinance and
incorporated herein by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
36 Section 1. The City Manager is authorized to execute all documents related to granting
37 of easement, identified as Exhibit A to Ordinance, with the Grantor on the Parcels
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39 Section 2. This action is exempt from the California Environmental Quality Act ("CEQA")
40 pursuant to 14 California Code of Regulations, Section 15061(b) (3) because it can be seen with
41 certainty that there is no possibility that this action may have a significant effect on the
42 environment as defined under CEQA.
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Ordinance No. 2335 N.C.S. Page 1
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance or a synopsis of it shall be posted and/or published for the
period and in the manner required by City charter.
Section 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
INTRODUCED and ordered posted/published this 151h day of June 2009.
ADOPTED this 6th day of July 2009 by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED AS ORM:
City Attorney
Ordinance No. 2335 N.C.S. Page 2
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RECORDED AT THE REQUEST
OF THE CITY OF PETALUMA
WHEN RECORDED RETURN TO:
OFFICE OF THE CITY CLERK
CITY OF PETALUMA
11. ENGLISH STREET
PETALUMA, CA 94952
Deed to Public Agency
Exempl from recording fee per Gov. Code S.27383
Easement Deed
DAVID P. FRYM AND DALE E. DANIELS
GRANT(S) TO
THE CITY OF PETALUMA, A MUNICIPAL CORPORATION
The following described real property situated in the City of Petaluma, County of Sonoma,
State of California
FOR DESCRIPTION SEE EXHIBIT "A" ATTACKED
A. P. N. 007-071-011
Dated r0lt/+'•d - t{ 20P /
By:
5 prop 37. f p,A wIS
D GIp P. FRYM
By.
DALE E. DANIELS
Attach Notary Public Aduiowledgemeiit
Ordinance No. 2335 N.C.S. Page 3
EXHIBIT ,N
Grant of Public Access Easements
And
Temporary Construction Easement
For Pedestrian and Bike Path
City of Petaluma River Trail Enhancement Project No. C200503
Being a portion of the lands of Frym, as described in that certain deed recorded as Document No,
2005-062394, Official Records, Sonoma County Records, more particularly described as follows:
Being a grant of easement for Public Access/Pedestrian and Bike Path, including Construction,
Reconstruction, Repair and Maintenance. Said easement is described as follows:
PARCEL ONE
Commencing at point marked by an iron pipe (called for in above mentioned deed), said pipe
being on the southwesterly line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison
Street bears South 54' 09' East, 176.10 feet distant; thence train said point of commencement
and along the southeasterly line of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
South 33' 18' 20" West, 64.40 feet to a deed call iron pipe; thence continuing along the lands of
McCann, North 56' 24' 40" West, 53.97 feet to the True Point of Beginning; thence from said
Point of Beginning and leaving said.l<mds of McCann, South 10' 56' West, 291 feet more or less
to the Northeasterly line of the right of way of the Petaluma and Santa Rosa Railway Company
(S.M.A.R.T.); thence northwesterly along the Northeasterly line of said right of way, 50.7 feet
more or Iess to the point of intersection of said Northeasterly line with the Easterly tine of the 30
foot exception to Parcel One, as said exception is described in said Docuaent No. 88-005432;
thence northerly along the Easterly line of said exception 285 feet more or less to the
Southwesterly line of said lands of McCann; thence South 56' 24' 40" East, 47.6 feet more or
less to the True Point of Beginning.
Excepting therefrom any portion of Parcel One above described lying westerly of the face of an
existing steel sheet pile wall (Petaluma River flood channel).
Containing 4,365 square feet, rnore or less,
PARCEL TWO
Commencing at a point marked by an iron pipe (called for in above mentioned deed), said pipe
being on the southwesterly line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison.
Street bears South 54' 09' East, 176.10 feet distant; thence from said point of commencement
and along the southeasterly line of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
:ei.,no-rnNTwoE[wlaaunm.ii-unwN Page I of
Ordinance No. 2335 N.C.S. Page 4
South 33° 18' 20" West, 64.40 feet to a deed call iron pipe; thence continuing along the lands of
McCann, North 56' 24' 40" West, 53.97 feet; thence leaving said lands of NlcC nn, South 10' 56'
West, 291 feet more or less to an angle point on the Northeasterly line of the right of way of the
Petaluma and Santa Rosa Railway Company (S.M.A.R.T.) said Lands are described in that
certain deed recorded in Book 209 of Deeds, at Page 66, Official Records, Sonoma County
Records; said angle point being the "Prue Point of Beginning of the land herein described thence
from said Point of Beginning and continuing South 10' 56' West 12.00 feet more or less to a
point on said northeasterly line of said Railway right-of-way; thence following said -northeasterly
line in a northwesterly direction 6.00 feet more or less to an angle point in said northeasterly line;
thence continuing along said line northeasterly 11.00 feet more or less to the Point of Beginning.
Containing 30 square feet more or less.
Reserving, however to the landowners, their heirs and assigns, all such rights and privileges as
my be used without interfering with or abridging the rights and easement hereby acquired;
subject however to any existing easements.
Together with a
Temporary Construction Easement
Together with a temporary construction easement with the right of immediate entry for all
purposes necessary to conform grades and drainage between adjacent property and the project
construction. Such purposes, as necessary, including the right to, but not limited to, grading,
borrowing and/or depositing fill, spoil and waste materials thereon, to move, storeand remove
equipment and supplies, to erect and remove temporary structures on the land, removal of
existing miscellaneous improvements, reconstruction of existing improvements, which may be
conformed, as may be needed, beyond the temporary construction easement, and to perform any.
other work necessary and incident to the construction of said Pedestrian and Bike Path.
Said Temporary Construction Easement is described as follows:
Being a 13-foot wide strip of land lying easterly of and adjoining the courses South 10' 56' West
as said courses are described in Grant of Easement Parcels "One" and "Two" above.
It is the intent that the sideline of the above described easement be extended or foreshortened at
its beginning or termination to join property or easement boundaries.
Containing 3,939 square feet more or less.
Reserving, however to the landowners, their heirs and assigns, all such rights and privileges as
my be used without interfering with or abridging tie rights and easement hereby acquired;
subject however to any existing casements.
Said temporary construction easement shall terminate upon -the filing of the Notice of
Completion for the City of Petaluma Project No. 3230-54110-0500505.
WF.u] WWAAd l MVV4 MD 4104jWB 03.1-a-pl Page t of 4
Ordinance No. 2335 N.C.S. Page 5
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Basis of bearings for the above descriptions is the aforementioned Frym deed.
The intent of this description is to affect that portion of the lands above described for the orderly
development of the City of Petaluma "River Trail Enhancement Project C200503." The
description was compiled in the offices of CSW/Stuber- Stroeh Engineering Group, Inc. from
record deeds and mapping and the U.S. Army Corps of Engineers Petaluma River 40 Year Plan
Detailed Project drawings received from the City of Petaluma dated March 13, 1995. No gaps
nor gores are intended to be created where record information may be in conflict.
(A.P.N.'s 007-071-009 & 010)
Prepared by:
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
JD16 J. Fit' erald, .L. . # 4419 Date o LANo s��G
(License Renewal 9-30-09 F^
IOHN J.
FMGERALD
File: 4.1048.00B Date: April 1, 2008
(Project Parcel #2) LIC. # 4419
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Ordinance No. 2335 N.C.S.
Page 6
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Ordinance No. 2335 N.C.S.
Page 7