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HomeMy WebLinkAboutOrdinances 1933 07/19/1993,.: . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~~ ~T ~ ~ sEP 2 193 ORDINANCE NO. 1933 N.C.S. Introduced by Vice Mayor Read Seconded by AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING ORDINANCE NO. 1927 N.C.S_, AN ORDINANCE AUTHORIZING THE TRANSFER OF THE WISTERIA AFFORDABLE HOUSING SITE TO NORTHBAY ECUMENICAL DOUSING (NEH) A PORTION OF APN 137-070-11, TO INCLUDE IN THE PROPERTY SUBJECT TO TRANSFER A PORTION OF OLD ELY ROAD ADJACENT TO THE WISTERIA SITE 25 WHEREAS, the Petaluma City Council adopted Ordinance No. 1927 N.C.S., An 26 Ordinance Authorizing the Transfer of the Wisteria Affordable Housing Site to Northbay 27 Ecumenical Housing (NEH}, a Portion of APN 137-070-11, on June 21, 1.993 authorizing the 28 transfer of the Wisteria site to NEH pursuant to an Option Agreement requiring that NEH 29 develop the site for affordable housing; and 30 WHEREAS, McBail Company, a developer of the Corona Ely Specific Plan area, has 31 deeded to the City of Petaluma its interest in a portion of Old Ely Road adjacent to the 32 Wisteria site which was not previously made a part of the Wisteria affordable housing site; and 33 WHEREAS, the interest in the portion of Old Ely Road adjacent to the Wisteria site 34 described in Exhibit A hereto is necessary for the development of the overall Wisteria 35 affordable housing site; 36 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 37 FOLLOWS: 38 Section 1. The real property consisting of a portion of Old Ely Road adjacent to the 39 Wisteria site, as described in Exhibit A hereto, shall be included in the description of the 40 affordable housing site for the City of Petaluma which is the subject of Ordinance No. 1927 41 N.C.S. 42 Section 2. The property described in Exhibit A shall be a part of the site to be 43 transferred by the Option Agreement as authorized pursuant to Ordinance No. 1927 N.C.S., 44 and shall be subject to all terms and conditions of said Option Agreement. 1 Ord. 1933 NCS ,` 1 Section 3. If any section, subsection, sentence, clause or phrase or word of this 2 ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, 3 such decision shall not affect the validity of the remaining portions of this ordinance. The City 4 Council of the City of Petaluma hereby declares that it would have passed and adopted this 5 ordinance and each and all provisions thereof irrespective of the fact that any one or more of 6 said provisions be declared unconstitutional. Section 4. The City Clerk is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. Section 5. This ordinance shall take effect thirty (30) days after .its passage. 7 8 INTRODUCED and ordered posted/published this 19th day of July , 1.993. ADOPTED this 2nd day of August , 1993 by the following vote: 9 10 11 12 13 14 15 16 17 18 AYES: Nelson, Barlas, Shea, Vice Mayor Re NOES: None ABSENT: Sobel, Hamilton ATTEST City C erk ®~PIJTY C~~' ~L~RK c:\word5\ord.doc 7/16/93 (fmk) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 APPROVED AS TO FORM: City Attorney 2 Ord. 1933 NCS ~= ~~ E~IIBIT "A" DESCRIPTION All that certain real property situate in the City of Petaluma, County of Sonoma, State of California, and also being a portion of the lands of McBail Company as described in Document No. 90-0123183, Sonoma County records, being more particularly described as follows: BEGINNING at the intersection of the centerline of Old Ely Road with the Southeasterly boundary line extension of the lands of the City of Petaluma as described in Document No. 1993-0023698, THENCE from said point of beginning N 35 ° 19' 31 " E, 40.00 feet to the most Southerly property corner of the said lands of the City of Petaluma, THENCE along the Southwesterly boundary line of the said lands of the City of Petaluma N 54° 39' 09" V~, 433.10 feet to an angle point, 'THENCE N 54 ° 38' 05'° V6T, 75. I,6 feet to a point on the intersection of the Northeasterly side of Ely Road, with the Northeasterly side of Old Ely Road, THENCE on a curve to the right, with a cord bearing of S 43° 32' 41" E and a radius of 540.00 feet through a central angle of 22° 10' 49", along Easterly side of Ely Road to the centerline of the Old Ely Road, THENCE. along said. centerline S 54° 39' 08" E, 304.43 feet to the point of beginning. RESERVING THEREFROM an easement over the above described property for general roadway and utility purposes. mcbail'/legal/sb/a: aRa. i933NCS