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HomeMy WebLinkAboutOrdinances 1927 06/21/1993_~ ~~~ 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~~~l~ ~' ~~ ,~~~ ~., ~ ,1993, ORDINANCE NO. 1927 N.C.S. Introduced by Councilmember Seconded by Councilmember Nancy Read Bonnie Nelson AN ORDINANCE AUTHORIZING THE TRANSFER OF THE WISTERIA AFFORDABLE HOUSING SITE TO NORTHBAY ECUMENICAL HOUSING (NEH) A PORTION OF APN 137-070-11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The Petaluma City Council, via Development Agreements, required certain. developers of the Corona Ely Specific Plan Area to fulfill their General Plan obligations, as defined in Policy 10, Program 11 of the Housing Element, by dedicating land to the City of Petaluma for affordable housing construction. Section 2. McBail Co. fulfilled its affordable housing obligation by dedicating the four plus acre "Wisteria" site, a portion of APN 137-070-11, which legal description is attached as Exhibit A. 33 Section 3. McBail Co. selected the nonprofit development company, Northbay Ecumenical 34 Housing to develop the affordable housing complex, as defined. by the Development 35 Agreement and amended by City Council Resolution No. 91-299 N.C.S. 36 37 38 39 40 41 42 43 Section 4. The City of Petaluma and N.E.H. have entered into an Option Agreement, allowing the transfer of the Wisteria site to N.E.H. on or before December 31, 1993 on the stipulation that N.E.H. develop the site for affordable housing. Section 5. N.E.H. will secure all necessary planning approvals and financial backing to complete the development in the timeframe outlined in the Option Agreement. Ord. 1927 NCS 1 -, . ~1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 .Section .The real property located at the intersection of Sonoma Mountain Parkway and Ely Road North, known as Wisteria and described in Exhibit A, is hereby authorized to be deeded to NEH, for the express purpose of providing affordable housing under the terms and conditions set forth in the agreement entitled, "Option Agreement," attached hereto as Exhibit B. IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision 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. INTRODUCED and ordered Posted/Published this 7th day of June, 1993. ADOPTED this 21st day of June , 19 93 , by the following vote: AYES: Nelson, Kead, Shea, Hamilton, Mayor Hilligoss NOES: None ABSENT: Barlas ABSTAIN: Vice Mayor Sobel ABSTAIN: Vice Mayor Sobel ' ,/ .. ~.._--- A ST: /~ APPR ' VE S TO ORM: .-_ ~ ity er ity orn nehord / bg-9 Ord. 1927 NCS 2 1 i ~ _ _. ~ ~:. / .;' . 5523-1 EXHIBIT "A" DESCRIPTION AFFORDABLE HOUSING SITE FOR THE CITY OF PETALUMA A.P.N. 137-070-11 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 described as follows: Beginning at a point at the most southerly, corner of the lands described in Parcel Two of said Document No. 1990-0123183 Sonoma County Records; said point also being the most westerly corner of the Lands of Gatti as described in Book 3438 of Official Records at Page 267 Sonoma County Records; thence from the TRUE POINT OF BEGINNING North 35°19'31" East along the northwesterly line of said Lands of Gatti a distance of 316.58 feet; thence leaving said Lands of Gatti North 54°39'08" West 414.44 feet to a curve which tangent bears North 88°15'44 bn "West; thence westerly along said curve with a radius of 330.00 feet through a central angle of 5°35'16" having an arc lerigth of 32.18 feet to a curve to the left with a radius of 270.00 feet through a central angle of 61°57'37" having an arc length of 291.98 feet; thence South 35°21'55" West 21.79 feet; thence South 54°39' 05" East 10.00 feet; thence South 35°21'55" West 10.00 feet; thence South 09°38'05" East 2828 feet to the northeasterly right-of-way of Ely Road; thence South 54°38'05" East along said northeasterly right-ot-way line a distance of 122.26 feet to angle point; thence continuing along said right-of-way South 54°39'08" East 433.10 feet to the Point of Beginning. Containing 3.96 acres, more or less. Basis of Bearing: North 54°30'47" West being the bearing between the centerline intersection monuments of Ely Road and East Washington and Ely Road and Corona Road as shown on that Record of Survey recorded in Book 370 of Maps at Page 15, Sonoma County Records. END OF DESCRIPTION (VIACKAY & SOIVIPS C1V1_L INC. 1724 Corb ~ S~~ Santa Ros O~~ ~ G i ~ ~. ougla '~ , L 46 ~ ~p Lice Eke t~ 30- Date: ~Q. rgr~oF cati+~~~~ oR~ ~Ga~ Ncs