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Home My WebLink AboutOrdinance 2196 N.C.S. 11/15/2004 EFFECTIVE DATE ORDINANCE NO. 2196 N.C.S. OF ORDINANCE December 15, 2004 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA 2 ACCEPTING A DONATION OF 1.04 ACRES OF REAL PROPERTY 3 FROM MARINA OFFICE PARK ASSOCIATES 4 AND AUTHORIZING THE CITY MANAGER TO EXECUTE 5 A CERTIFICATE OF ACCEPTANCE FOR THE PARCEL 6 (APN 005-060-065-000) 7 8 9 10 Introduced by Seconded by 11 12 13 Mike Healy David Glass 14 15 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 17 18 WHEREAS, Marina Office Park Associates ("MOPA"), a California Limited Partnership, owns 19 in fee simple a parcel of land in the City of Petaluma consisting of approximately 1.04 acres that 20 is a portion of the Marina P.C.D. (APN 005-060-065-000; the "Property"); and, 21 22 WHEREAS, MOPA has unconditionally offered to donate the Property to the City so long as the 23 transaction is completed within calendar year 2004; and, 24 25 WHEREAS, pursuant to Government Code Section 37354, the legislative body of a city may 26 accept a gift of land to the City; and, 27 28 WHEREAS, pursuant to section 46 of the Petaluma City Charter, the City Council must adopt an 29 ordinance to acquire real property; and, 30 31 WHEREAS, the City Council finds that it is desirable for the City to acquire fee simple title to the 32 Property, conditioned upon successful results from a Phase 1 Environmental Assessment, and further Ordinance No. 2196 N.C.S. Page 1 1 conditioned upon title being delivered to the City clear of any outstanding taxes, assessments, liens or 2 other monetary encumbrances; and, 3 4 WHEREAS, the City Council finds that the actions authorized and granted to the City Manager 5 under this ordinance to accept conveyance of a parcel of property in its existing state do not have the 6 potential to result in a direct or reasonably foreseeable indirect physical change in the environment, 7 and therefore is not subject to the California Environmental Quality Act; 8 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES 10 ORDAIN AS FOLLOWS: 11 12 Section 1. Upon execution and delivery by MOPA of a grant deed for the Property, and 13 conditioned upon completion of a Phase 1 Environmental Assessment indicating to the 14 satisfaction of the City Manager that the property is not contaminated in any way, and further 15 conditioned upon delivery of title to the Property that is clear of any outstanding assessments, 16 taxes, liens or other monetary encumbrances, the City Council accepts the conveyance of the 17 Property from MOPA. 18 19 Section 2. Acceptance of the Property is further conditioned on the City contributing to the 20 Petaluma Marina Owners' Association based on no more than 80 parking spaces assigned to . 21 the Property. If the Owners' Association fails to make the necessary amendments to reduce the 22 number of assigned spaces at its December meeting, the City Manager is authorized to enter 23 into an agreement on behalf of the City to obligate the Petaluma Marina Owners' Association 24 or any other person or entity to pay for all Owners' Association assessments for the Property 25 beyond 80 parking spaces, and acceptance of the Property is conditioned on execution of said 26 agreement. 27 28 Section 3. If and when the conditions of Sections 1 and 2 are met, the City Manager is 29 hereby authorized and directed to execute a Certificate of Acceptance accepting the 30 conveyance of the Property on behalf of the City of Petaluma. 31 32 Section 4. The City Manager is hereby authorized to undertake such further action as 33 necessary to carry out the intent of this Ordinance. 34 Ordinance No. 2196 N.C.S. Page 2 1 Section 5. This ordinance shall become effective thirty (30) days after the date of its 2 adoption by the Petaluma City Council. 3 4 Section 6. The City Clerk is hereby directed to post this ordinance for the period and in the 5 manner required by the City Charter. 6 7 INTRODUCED and ordered posted/wed this 15t day of November 2004. 8 9 ADOPTED this 15th day of November 2004 by the following vote: 10 11 12 AYES: Mayor Glass, Healy, Vice Mayor Moynihan, O' Brien, Torliatt 13 NOES: None 14 ABSENT: Harris, Thompson 15 9 16 17 18 19 David A. Glass, Mayor- - 20 21 22 ATTEST: APPROVED AS TO FORM: 23 25 ~ 26 ~ _ 27 Claire Cooper, Deputy C y Clerk Ric and R. Rudn sk , Ci Attorney 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Exhibit I -Legal Description of Lot 4 Parcel 46 Exhibit II -Reproduction of City of Petaluma Parcel Map 271 Ordinance No. 2196 N.C.S. Page 3 EXHIBIT 1 File No. 00302?34-002-R1F Schedule C Legal Description Situated in the State of California, City of Petaluma, County of Sonoma, and described as follows: Parcel One Lot 4, as shown upon City of Petaluma Parcel Map No. 271, filed in the office of the County Recorder on October 28, 1992, in Book 501 of Maps, Page(s) 12, 13 and 14, Sonoma County Records. EXCEPTING THEREFROM all minerals and mineral rights, interests and royalties, including without limiting the generality thereof, oil, gas and other hydrocarbon substances, as well as metallic or other solid minerals, in and under the property, without the right for any purpose whatsoever, to enter upon, into or through the surface of the property in connection therewith, as reserved by Northwestern, Pacif c Railroad Company, by Deed recorded on January 31, 1990, under Document No. 90-011209, Sonoma County Records. Parcel Two. EASEMENTS for parking, driveway, roadway and;access areas, as set forth, and upon t1~e terrr:s and conditions, in that certain "Declaration of Easements, Covenants and Restrictions and P.eciprocal Easements for Petaluma Marina Project", recorded on September 14, 1990, under Jbcument 1`10. 1996 0091972, Sonoma County Records, the "Modification of Declaration of Easements, Covenants and .Restrictions and Reciprocal Easements for Petaluma Marina Project", recorded on April 9, 1993, under Document No. 1993 0044988, Sonoma County Records, and the "Second Modification of Declaration of Easements, Covenants and Restrictions and Reciprocal Easements for Petaluma Marina. Project", upon .the terms and conditions contained therein, recorded on July 21, 2000,. under L~acument No. 2x00072596, Sonoma County Records. (OOS-060-065-000) ~ . Ordinance No. 2196 N.C.S. Page 4 COUNTY A~S,ESSOR'S PAR(i~L 11/A~' TAX RArF A/?£A Jr_ ~ 3- D// I 3-06/ fbt-ae/Mo No. 92 / s1 ~ ' BL 232oR?~A J/1'Y/6 7 ' Parcel Map 271 a ~ Bk 1 Pps.:2•I4 Rsc 10.2p-92 ~ a ~ ~ I ~ '-~P~9Z` ° ° $ PFTALUMA AJAR/Nfi ~ t Pcl Mo 247 ~ BF/3R, iji 9-/q R~r 2F2T/A7 5,... . OJ 1 1 ~ 2G st ~ ~s ~ 4/ - ocI 2 i °.5.; .~~1 rP59.ae ~ I + ` (\4J~; s j •afst F• jpss ^~1 ~ R/S J!?/49 Ulpa. '-"-•-_I S ~ 0 ,y s e r!C 2At: ,cam . , C?EOJL96-476/8 J ~ ~'t o 6 Np o oa v ua ~ G azo • `L~'r ~ : ~ 3 r ° ~ ® ~ r al/9.ac, w's /ao/~s ~~o ~o f ~~d %r `r anau ~p ~ ~ y T a ~ n /Ivs~ee/ai ~ ; T4 ~r 1 ~ y ° 9 ~ til ~ g . IT vi ~ ~ ~ j` _ ILL .3% ,un« ~ o~ .i ~ y / ~ W ~ n J1 ~ rJl.ra $ ~ ~d~ N W A s~ +,9~ ~p0/!2 7/7' ~qr;"Z~ ~ J = AM ~yO O e s~ ~S s 3B 3S X91' ~ ~ '~~g 7/ ~ ,~A~~.d+~ N PL~TALUMA ~ ~ ~ c CUT-OFF 'D° r rx J/O°CREFX ~ Blc75 PK46R.c9/S/T? y.r--~ IT ~s o DI /T \ .T ~ 6 ' . /~~~i9 a - z e5 Icr ' ab~ F/ P~J~,P ~ ~c~y -4 '~IjTE: THIS M4P WAS PREPARED FOR 12-q-ee~e~ Rl. AiSESSMENT PIRPO,SES OWLY, Pb~ Rl. 3.31 • oa ac coc R/s / LIABILITY IS ASSII+ED FOR TF~ 4CClJFiALY OF THE Q4TA DELINEATED ~£REON, 4iYlpOrtsnt 7hi~ plot is ret a svr.a~. It iS nrcrety furristrd as ~ caR°,~c^i^:'-:; t., + ..';e t ~e la,;~ It te~!.A~loll tt•-Y.~;,ir:ilr~ s#;;:es asC ath2r lsnds 3ntl P~Ol~ to gli2rartee any dimensions, di~~tancos, ti82r:r1~'s Of aCreaRa.