HomeMy WebLinkAboutOrdinance 2432 N.C.S. 05/21/2012 EFFECTIVE DATE ORDINANCE NO. 2432 N.C.S
OF ORDINANCE
June 20, 2012
1 Introduced by Seconded by
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3 Mike Healy Teresa Barrett
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6 APPROVING THE GRANT OF CITY-OWNED RIGHT OF WAY TO CALTRANS
7 FOR THE OLD REDWOOD HIGHWAY INTERCHANGE IMPROVEMENT PROJECT
8 AND AUTHORIZING CITY MANAGER TO EXECUTE RIGHT OF WAY
9 CONTRACTS, DEEDS AND ALL OTHER REQUIRED DOCUMENTS
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12 WHEREAS, the City of Petaluma ("City" or "Grantor") owns certain land at the
13 intersections of Petaluma Boulevard North and the Old Redwood Highway interchange; and at
14 North McDowell Boulevard and the Old Redwood Highway interchange, respectively, in the City
15 of Petaluma, County of Sonoma, California, as more completely described in Exhibit A hereto;
16 and,
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18 WHEREAS, California Department of Transportation or CALTRANS ("Caltrans" or
19 "Grantee") wishes to acquire from Grantor right-of-way necessary for the construction,
20 operation and maintenance of the US 101/Old Redwood Highway Interchange Improvement
21 Project (the "Project"); and,
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23 WHEREAS, on August 3, 2009, the City Council approved a cooperative agreement
24 between the City and the Sonoma County Transportation Authority for the construction of the
25 Project; and,
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27 WHEREAS, copies of the Right of Way Contracts, Quitclaim Deeds and descriptions of the
28 real property to be granted by the City to Caltrans are attached collectively as Exhibit A to this
29 ordinance and incorporated herein; and,
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31 WHEREAS, on June 15, 2010, Caltrans completed a NEPA/CEQA Re-Validation Form
32 evaluating the addition of the Project to Caltarns' U.S. 101 Central HOV Lane Widening and
33 Improvements Project, and the right of way grants from the City do not modify the Old
34 Redwood Highway project as studied therein.
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36 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma as follows:
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38 Section 1. The above recitals are true and correct and adopted as findings of the City
39 Council.
Ordinance No. 2432 N.C.S. Page 1
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2 Section 2. The City Manager is authorized to execute the Right of Way Contracts and
3 Quitclaim Deeds attached to this Ordinance collectively as Exhibit A, including
4 subsequent modifications to said documents, subject to approval of the City Manager
5 and City Attorney, and all other documents necessary to affect the grants of right-of-
6 way described therein.
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8 Section 3. If any section, subsection, sentence, clause, phrase or word of this Ordinance
9 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
10 competent jurisdiction or preempted by state legislation, such decision or legislation shall
11 not affect the validity of the remaining portions of this Ordinance. The City Council of the
12 City of Petaluma hereby declares that it would have passed and adopted this
13 Ordinance and each and all provisions thereof irrespective of the fact that any one or
14 more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
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16 Section 4. This Ordinance or a synopsis of it shall be posted and/or published for the
17 period and in the manner required by City charter.
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19 Section 5. This Ordinance shall become effective thirty (30) days after the date of its
20 adoption by the Petaluma City Council.
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24 INTRODUCED and ORDERED posted/published this 7th day of May 2012.
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26 ADOPTED this 2l si of May 2012, by the following vote:
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30 Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney, Vice Mayor Renee
31 Noes: None
32 Abstain: None
33 Absent: None
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38 ,d
39 David Glass, Mayor
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43 ATTEST: APPROVED AS 0 FORM:
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49 C4aire Cooper, City Clerk Eric Danly, Attorney
Ordinance No. 2432 N.C.S. Page 2