HomeMy WebLinkAboutOrdinance 2002 N.C.S. 02/05/1996ORDINANCE. NO.
Introduced by
Nancy Read
2002 N.C.S.
Seconded by
Carole Barlas
AN ORDINANCE AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE:
1) PURCHASE AGREEMENT AND
2) OPEN SPACE EASEMENT FOR ±27 ACRE PORTION APN 005-060-11
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1
The 1987 General Plan classifies the subject ±27 acre property, owned by Douglas and Diana Alman as
open space.
Section 2
The property to be acquired is identified in the Enhancement Plan for the Petaluma marsh as an area
warranting acquisition, preservation, enhancement and development for limited pedestrian access.
Section 3
The City Council authorized staff to seek a grant from the Sonoma County Agricultural Preservation and
Open Space District to acquire fee title to the property. Said grant application was approved.
Section 6
City staff, in consultation with the City Council has conducted negotiations with the property owner and the
Sonoma County Agricultural Preservation and Open Space District over the course of the last 24 months
resulting in preliminary agreements the drafts of which are included herein as Exhibits A and B:
Section 7
The City Council finds that acquisition of said parcel, granting of said easement and transfer of 7,500 sq. ft.
of land from the city to the Almans are consistent with the General Plan of the City of Petaluma and are
exempt under Section 15317 of the California Environmental Quality Act guidelines because the
acquisition and easement are required to establish the area as permanent open space.
Section 8
The City Manager is authorized to negotiate and execute final purchase and open space agreements for said
property.
Ord. 2002 NCS ?,-y- I n � Q.
t
INTRODUCED and ordered posted, this 16th day of January ,1996.
ADOPTED this 5th day of February , 1996 by the following vote:
AYES: Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: None
ABSENT: Hamilton
Mayor
ATTEST
City Clerk DEPUTY Y CLER K
winwordWord9596
Ord. 20 2 NCS
WETLAND PARCEL
EXHIBIT'A'
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SONOMA, CITY OF PETALUMA, AND IS DESCRIBED AS FOLLOWS. -
BEING THE LANDS OF DOUGLAS S. ALMAN AND DIANA J. ALMAN AS DESCRIBED IN
THAT CERTAIN QUITCLAIM DEED FILED ON OCTOBER 19, 1994 AS DOCUMENT
NUMBER 1994-0119329, OFFICIAL RECORDS, SONOMA COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE 18.23 ACRE TRACT
DESCRIBED IN THE DEED FROM McNEAR COMPANY, A CORPORATION, TO THE CITY
OF PETALUMA, RECORDED FEBRUARY 8, 1941, IN BOOK 516 OF OFFICIAL RECORDS AT
PAGE 331, SONOMA COUNTY RECORDS; THENCE NORTH 54°46' WEST, 751.8 FEET,
THENCE NORTH 35014' EAST, 1200.21 FEET; THENCE SOUTH 77°22' EAST, 270.8 FEET;
THENCE NORTH 35014' EAST, 97.56 FEET TO THE SOUTHWESTERLY LINE OF THE RIGHT-
OF-WAY OF THE NORTHWESTERN PACIFIC RAILROAD COMPANY, AS SAID RIGHT-OF-
WAY 1S DESCRIBED 1N THE DEED TO SAID RAILROAD ,RECORDED IN BOOK 249 OF
DEEDS AT PAGE 145, SONOMA COUNTY RECORDS; THENCE ALONG SAID RIGHT-OF-
WAY LINE NORTH 76059'12" WEST, 1295.00 FEET TO THE TRUE POINT OF BEGINNING OF
THAT CERTAIN QUITCLAIM DEED BETWEEN COUNTY OF SONOMA AND CITY OF
PETALUMA RECORDED MAY 21, 1968, IN BOOK 2333 OF OFFICIAL RECORDS AT PAGE
819, SONOMA COUNTY RECORDS; THENCE SOUTHERLY, ALONG THE EASTERLY LINE
OF SAID QUITCLAIM DEED, SOUTH 10009'03" WEST, 560.70 FEET, THENCE SOUTH
9007'21" EAST, 127.39 FEET; THENCE SOUTH 61'06'16" EAST; 248.49 FEET; THENCE SOUTH
7018'10" WEST, 130.65 FEET; THENCE SOUTH 54°52'52" WEST, 142.34 FEET; THENCE
SOUTH 67"44'27" WEST, 100.42 FEET; THENCE
SOUTH 50052'17" WEST, 421.64 FEET TO A POINT ON THE SOUTHERLY PRO-
JECTION OF THE EASTERLY LINE OF SAID QUITCLAIM DEED; THENCE
SOUTH 5300T EAST, 903.60 FEET; THENCE SOUTH 59°44' EAST, 156.6 FEET; THENCE
SOUTH 57029' EAST, 156.1 FEET TO THE MOST WESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO ROYAL TALLOW AND SOAP CO.,RECORDED JULY 25, 1.945, IN
BOOK 641 OF OFFICIAL RECORDS AT PAGE 478, SONOMA COUNTY RECORDS; THENCE
ALONG THE NORTHWESTERLY LINE OF LAST SAID DEED, NORTH 35014' EAST, 397.94
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF LAND:
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Petaluma River — —
+ +/— 27 Acres 7,500 sq.ft.
+ + ++ from Almon to City from City to Almon
Almon
® ® City 1 "=400'
Remainder Parcel Limit > 1/95
COMMENCING AT THE MOST SOUTHERLY CORNER OF THE 18.23 ACRE TRACT
DESCRIBED IN THE DEED FROM McNEAR COMPANY, A CORPORATION, TO CITY
OF PETALUMA, RECORDED FEBRUARY 8, 1941, IN BOOK 5`16 OF OFFICIAL RECORDS AT
PAGE 331, SONOMA COUNTY RECORDS; THENCE NORTH 53°48'58" WEST,
(DEED = N 54°46' W), 751.8 FEET; THENCE NORTH 36*1 F02" EAST (DEED = N 35°14' E),
1,200.21 FEET TO A %2" IRON PIPE MONUMENT WHICH MARKS THE TRUE POINT OF
BEGINNING, SAID IRON PIPE IS SHOWN ON THE RECORD OF SURVEY MAP FILED IN
BOOK 512 OF MAPS AT PAGE 49, SONOMA COUNTY RECORDS; THENCE FROM SAID
IRON PIPE SOUTH 76024'56" EAST, 275.54 FEET, (DEED = S 77°22' E, 270.8') TO A ''/z" IRON
PIPE; THENCE NORTH 36°1.1'02" EAST, 87.14 FEET (DEED = N 35014' E, 97.56') TO THE
SOUTHWESTERLY LINE -OF THE. FORMER RIGHT-OF-WAY OF THE NORTHWESTERN
PACIFIC RAILROAD COMPANY, AS DESCRIBED IN DEED TO SAID RAILROAD
RECORDED IN BOOK 249 OF DEEDS AT PAGE 145, SONOMA COUNTY RECORDS;
THENCE ALONG SAID FORMER RIGHT-OF-WAY LINE NORTH 76058'08" WEST (DEED =
N 76°59'12" W), 716.82 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE ALONG THE
FOLLOWING COURSES AND DISTANCES: SOUTH 5°55'17" WEST, 74.38 FEET, SOUTH
20031' 17" EAST, 51.78 FEET; SOUTH 31 °20'39" EAST, 112.32 FEET; SOUTH 50°36'25" EAST,
52.24 FEET; SOUTH 17°39'39" EAST, 26.98 FEET; SOUTH 60122'20" EAST, 147.17 FEET; TO A
POINT ON THE EASTERLY LINE OF THE AFOREMENTIONED LANDS; THENCE
NORTH 3601 P02" EAST, 226.45 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.41 ACRES MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED "EXCEPTION" IS THE ABOVE
MENTIONED RECORD OF SURVEY MAP.
A.P.N. 005-060-011 (PORTION)
LA
JOHN J.
FITZGERALD
PREPARED BY:
0 /
0 JOHN J. FITZGERALD DATE
LIC. # 4419
U> ���
CF CAS-���Q`
P.L.S. 4419
LICENSE EXPIRES 9-30-97
"CITY PARCEL"
EXHIBIT `.C"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SONOMA, CITY OF PETALUMA, AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE 18.23 ACRE TRACT DESCRIBED IN THE DEED FROM McNEAR
COMPANY, A CORPORATION, TO THE CITY OF PETALUMA, RECORDED FEBRUARY 8,
1941, IN BOOK 516 OF OFFICIAL RECORDS AT PAGE 331, SONOMA COUNTY RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TI IE MOST SOUTHERLY CORNER OF SAID LANDS OF THE CITY OF
PETALUMA AS SHOWN ON THE RECORD OF SURVEY MAP FILED IN BOOK 512 OF MAPS
AT PAGE 49, SONOMA COUNTY RECORDS; THENCE NORTH 53°48'58" WEST
(DEED = N 54°46' W), 751.8 FEET; THENCE NORTH 36'11'02" EAST (DEED = N 35°14' E),
1,200.21 FEET TO A %" IRON PIPE MONUMENT, AS SHOWN ON SAID MAP, WHICH
MARKS THE TRUE POINT OF BEGINNING OF THE PORTION OF LAND HEREIN
DESCRIBED; THENCE FROM SAID POINT AND ALONG THE NORTHERLY LINE OF SAID
LANDS OF THE CITY OF PETALUMA SOUTH 76024'58" EAST, 275.54 FEET (DEED =
S 77°22' E, 270.8') TO A '/2" IRON PIPE MONUMENT; THENCE SOUTH 36°1 1'02" WEST (253
BOOK OF DEEDS, PAGE 361 = S 35°14' W), 28.64 FEET; THENCE LEAVING SAID LINE
NORTH 770 1 3' 33" WEST, 267.13 FEET; THENCE NORTH 53°50'54" WEST, 9.24 FEET TO THE
WESTERLY LINE OF SAID LANDS OF THE CITY OF PETALUMA; THENCE ALONG SAID
LINE NORTH 3601 1'02" EAST, 28.89 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,807 SQUARE FEET MORE OR LESS
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE ABOVE MENTIONED RECORD
OF SURVEY MAP.
A.P.N. 005-060-012 (PORTION)
PREPARED BY:
O I -AND S,
JOHN 1.
FITZCERALD -IN.I. I TZGERA D DATE
P.1 .S. 4419
LIC.# 4419 LI ENSE EXPIRES 9-30-97
qTF OF CAI.
EXHIBIT C