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HomeMy WebLinkAboutResolution 2005-122 N.C.S. 07/11/2005 Resolution No. 2005-122 N.C.S. of the City of Petaluma, California RESOLUTION OF THE PETALUMA CITY COUNCIL VACATING AN UNIMPROVED PORTION OF OAK TERRACE WAY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED WHEREAS, the map of the Clough and Young Subdivision of the Carpenter Tract Subdivision Map dated May 1, 1913, depicts Oak Terrace Way; and, WHEREAS, the Petaluma City Council, through Resolution No. 2053 C.S., accepted said map; and, WHEREAS, a portion of Oak Terrace Way has been improved and is currently being used for vehicular traffic as a public street; and, WHEREAS, a portion of Oak Terrace Way is unimproved and has been impassible for vehicular travel for five (5) years and no public money has been expended for maintenance; and WHEREAS, William Robert Bramblett and Alicia Dolling Keshishian, Individually and as Trustees of the Bramblett-Keshishian Family Living Trust ("Bramblett"), the current owners of 717 Oak Terrace claim all right, title, and interest in said unimproved portion of Oak Terrace Way ("Disputed Land"), more particularly described in Exhibit A; and, WHEREAS, the City of Petaluma disputes Owners' position but has agreed to initiate vacation proceedings to vacate said Disputed Land and contingent on Owners paying the City the sum of Ten Thousand Dollars ($10,000); and, WHEREAS, pursuant to Streets & Highways Code §8300 et seq., the City Council may, after notice of public hearing, vacate any public right-of--way which, in its determination, is no longer needed for present or prospective street purposes; and, WHEREAS, on Apri14, 2005, the City Council adopted a Resolution of Intention to Consider Vacation of Public Right of Way (Resolution No. 2005-55); and, Resolution No. 2005-122 N.C.S. Page 1 WHEREAS, on April 12, 2005, the Petaluma Planning Commission found that vacating the "Disputed Land" was in conformity with the General Plan; and, WHEREAS, after holding a duly noticed public hearing, the City Council finds that the Disputed Land is not required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council finds that: 1. The Disputed Land to be vacated is fully described in Exhibit A attached hereto and incorporated herein; and 2. The vacation is made pursuant to Sections 8300 et seq. of the California Streets & Highways Code. BE IT FURTHER RESOLVED based on these findings, that from and after the date this resolution is recorded, and after payment by owners of Ten Thousand Dollars ($10,000) to the City of Petaluma: the Disputed Land is vacated and does not longer constitute a public right of way except for those areas within the property where there are existing public utilities and dedicated public utility easements are located and except for access areas to such public utilities and public utility easements in order to maintain, operate, replace, remove and renew such public utilities and easements. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, after receipt from Bramblett of Ten Thousand Dollars ($10,000), to execute and record with the Office of the County Recorder, a Quitclaim Deed for the vacated public right of way except for those areas within the property where there are existing public utilities and public utility easements are located and except for access areas to such public utilities and public utility easements in order to maintain, operate, replace, remove and renew such public utilities and easements which Quit Claim Deed to also include the following language: "Grantee shall have no greater development potential by the inclusion of the land described herein with any other adjoining parcels that Grantee may own. However, nothing contained herein shall in any way expand or diminish the existing development rights Grantee Resolution No. 2005-122 N.C.S. Page 2 may have in said adjoining parcels. Nothing contained herein shall preclude any future owner of the land described herein from making a petition to the Petaluma City Council for a resolution having this deed restriction removed. These restrictions are included and described in and are subject to an Agreement between Grantee and the Grantor and are intended to be binding on the successors in interest to Grantee as covenants running with the land and/or equitable servitudes. The property granted herein is also subject to a "Deed Restriction and Agreement." BE IT FURTI~ER RESOLVED that the City Clerk is ordered to record a certified copy of this resolution in the Office of the County Recorder at such time as the conditions set forth above are met. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 1 1 day of July, 2005, form: by the following vote: tty Attorney AYES: Mayor Glass, Vice Mayor Harris, Healy, Torliatt NOES: None ABSENT: Canevaro, Nau, O'Brien ABSTAIN: None ATTEST: ` City Clerk Mayor Resolution No. 2005-122 N.C.S. Page3 • EXHIBIT A LEGAL DESCRIPTION SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA. A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO. 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT AND ALICIA DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING TRUST AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000-110928 SONOMA COUNTY RECORDS SAID CORNER BEING MARKED BY A FIV~- EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29 SONOMA COUNTY RECORDS• THENCE ALONG THE EASTERLY LINE ~F SAID LANDS AS SHOWN OIL SAID RECORD OF SURVEY NORTH 45" 02' S5" WEST 203.94 FEET TO AFIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS HEIGHTS FILED iN BOOK 66 OF MAPS AT PAGE 10 SONOMA COUNTY RECORDS• THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5 SOUTH ~6° 25' 10" EAST 42.98 FEET TO THE EASTERLY LINE OF SAID'LOT 451; THENCE ALONU~ THE EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02' S5" EAST, 188.21 FEET; THENCE SOUTH 44° 57' 05" WEST, 40.00 FEET TO THE PDINT OF . ~ BEGINNING. EXCEPTING FROM AND RESERVING THOSE AREAS WHERE PUBLIC UTILITIES OR PUBLIC UTILITY EASEMENTS IF ANY ARE CURRENTLY LOCATED AND EXCEPTING AND RESERVING ACCESS AREAS TO SUCH PUBLIC UTILITIES AND PUBLIC UTILITY EASEMENTS. CONTAINING 7,843 SQUARE FEET MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY. #763871 Resolution 2005-122 N.C.S. Page 4 • I I i f i El~,4~S /~iKs~YTS 5~'ISD/d~1~IV 66/WAP~' 10 LOTg ~ 5~4 TTOYV A9~' ~ 7F~E' CllD'~PL~Ts~Lllll~4 ~;OURSE ®ATi~ • ~ ~ O ~ L4NOS OF ~ ~y , ~ BRAdIBLETT-KESH/SHL4N FAAI/LY t/YING TRUST ~ ~ N ON 2000-110928 ~ ~,a (.4PN 006-3B.~ 022J ~ ~ ® FOUND 5/~° RE~l4R RCE 1200 ~ ~ ~ ` ,1 ~ , POINT OF BEGINNING © • ~ U O STE9/EN J. LA~R~~~[C®H[~n& ASS®CI~TES ~~Gi~~R~iFesol~tic~Ae~(9055~~~OF~S Page 5 Pi=T9~U~A ~IAR111Ba ~ p11o1r~Qe ncnirrn