HomeMy WebLinkAboutOrdinance 1831 N.C.S. 11/19/1990E
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Introduced by
Lynn Woolsey
ORDINANCE . 1834 NCS
Seconded by
Vice Mayor Cavanagh
AN ORDINANCE OF THE CITY" COUNCIL OF
THE :CITY OF TETALUMA, CALIFORNIA,
AUTHORIZING THE CONVEYANCE OF THE
PETALUM MARINA BUSINESS CENTER TO
WHEREAS, the City. owns the fee title ownership interest in that certain real property
located in the. City of `Petaluma; County of Sonoma, State of California
designated Lot 1, Lot 2, Lot 3 and Lot 4, as shown and designated upon that
certain map entitled Petaluma .Marina. Parcel Map No. 247, filed in the
Office of ,the County Recorder on, February 27, 1990, in Book 454 of Maps,
pages.9 and 10, Sonoma County Records arid. all appurtenances thereto all as
more particularly described in Exhibit "A" attached hereto and incorporated
herein (individually herein called "Lot 1", "Lot 2", "Lot 3`' and "Lot 4" and all
together called the "Petaluma Marina Business Center");
WHEREAS, the Petaluma Marina Business Center is' subject to those .certain, Subdivided .
Ground Leases (individually ".Ground Lease" and collectively the "Ground
Leases") between the City as landlord and `Marina Office. Park Associates, a
California Limited Partnership ("MOPA"), as tenant dated September 11,
1990, and recorded September 12, 1990, under .Document No. 1990 0090880
(Lot 1), 1990' 0090881 (Lot_ 2), 199.0 009088..2, (Lot 3 and 1990 0090883 (Lot
4);
25 WHEREAS, MOPA has assigned the'Ground Lease for Lot 4 to Kirkman L. Lok, Cynthia
26 Lok, 'Lawrence Lok, Frances Lok,' Alec Lok and Daisy Maria Lok ("Loks")
27 pursuant to that certain Assignment of Tenant's.:Interest , in Subdivided
28 Ground Lease: recorded September 14, 1990, under .'Document No. 1990
29 009194 which assignment has been approved and accepted by the City;
30 WHEREAS, the Petaluma ,Marina Business Center is also subject to that certain
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Declaration
of Easements, Covenants, , Restrictions
and Reciprocal
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Easements,
for Petaluma Marina, Business Project dated and recorded
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September ,14,
1990, :under- Document No. 1990 '0091972,
Sonoma County
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Records, and that 'Pertain :Declaration of Covenants,
Conditions and
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Restrictions
for Petaluma. Marina Busin_ ess Center dated and recorded
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September
14, 1990, under Document 1990 0991973,
Sonoma County
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Records;
Ordinance 18M NCS Page'1 of 3
1 WHEREAS, the City ; by - `Resolution No. 88-25 NCS, has approved a Planned. Community
2 District for, the Petaluma Marina. Office -.Center which Planned Community
3 District and any and all future revisions sand amendments thereto (including
4 without limitation, any approved rezoning pursuant to that certain Request
5 for Rezoning of the PCD Prograin for the Petaluma Marina Office Complex
ex
submitted by MOPA) shall hereinafter be referred to as the "PCD";
7 WHEREAS, the City,, by Ordinance No. 1725 NCS has approved the Redevelopment Plan.
8 (the 'Plan") of the Petaluma community Development Commission (the.
9 "Commission") which Plan, among .other things, designates an area within the
1-0 City as the Project -Area (herein so called)-,-.
11 WHEREAS, the City, by approving the Plan and, designating the Project Area, has found
12 and determined that the physical. and economic conditions existing within the
13 Project Area are`blighted and require redevelopment;
1.4 WHEREAS, the City has pledged. its support to the Commissionin helping to carry out the
15 purposes of the Plan in:.the manner described in the Plan. and the Community
16 Development Law;
17 WHEREAS, the City wishes to alleviate the physical, social or economic li.abiliti'es in the
18 Project Area in furtherance of the statewide public policy enunciated in
19 Sections .33030 through 33039, inclusive, of the California Health & Safety
20 Code;
21 WHEREAS, the Petaluma Marina Business Center is within.the Project Area;
22 WHEREAS, the Commission has received from MOPA and Loks a Redevelopment
23 Participation Proposal for the Petaluma, Marina Business Center dated
24 November 5, 1990 (the "Proposal") whereby MOPA. and. Loks have proposed
25 to develop the Petaluma Marina Business .Center as owner participant in
26 conformity with the Plan and that, as ,a necessary condition to the Proposal,
27 MOPA must"obtain fee title to the Petaluma Marina Business Center;
28 WHEREAS, the City of Petaluma pursuant to Section 46 of the Charter of the City of
29 Petaluma may convey -'its real property pursuant to 'ordinance:
30 NOW, THEREFORE BE IT ORDAINED by the Council of the City of Petaluma as
31 follows:
32 1. The City Council_ hereby agrees to convey.fee title to the Petaluma Marina
33 Business Center to 'the Commission, pursuant to the terms of that certain
34 Disposition. and Acquisition Agreement a true and accurate copy of which is
35 attached hereto as Exhibit "B" and incorporated. herein (the "Agreement:).
36 The Commission must accept 'title, to the Petaluma Marina Office Park
37 subject .to the Ground, Leases, the .Declarations and all other liens and
38 encumbrances of record.
!Ordinance 183.1 NCS Page 2 of 3
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1 2. The City, "Council hereby authorizes the City Manager to execute the
2_ Agreement on behalf of the City and, any :and.. all deeds, instructions,
.3 documents, agreements and.i_nstrun ents needed to.effectuate -the putposes of
4 the Agreement.
5 3. The City Council hereby finds and determines that, except for certain mutual
6 and reciprocal rights of ingress, egress, and parking described in the Leases
7 and the Declarations, the City has no present -use or right of possession of the
8 Petaluma Marina Business Center, said right 'being the exclusive right of
9 MOPA and Loks pursuant. to the Ground.Leases and that, accordingly, the
110 City Council finds, determines ;and. declares that the Petaluma Marina
11 Business Center, -.constitutes surplus property within the meaning of
.1.2 California Health and Safety Code Section 333,96 and the Plan.
13 4. The City Council hereby finds and determines that the purchase price for the
1.4 Petaluma Marina Business Center to be. paid by MOPA to the Commission
1.5 pursuant to the Proposal constitutes the current fair market value of the
16 City's interest in the Petaluma' Marina- Business Center and hereby directs
17 the Commission, pursuant to Section.33396 of the California. Health & Safety
i8 Code and Section IV of the Plan to pay all considerations received from
19 1 MOPA to the City.
20 5. The City. Council hereby finds and determines ' that the Proposal -provides
21 that MOPA shall acquire title to the Petaluma Marina Business. Center
22 subject to Ownership Participation Agreements which conform to the Plan
23 and the PCD.
24 6: The City Clerk is hereby, directed to post/publish this ordinance for the
25 period and in the manner required by the City Charter.
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INTRODUCED AND ORDERED POSTED/PUBLISHED this 5th clay of
November , MO. `.
ADOPTED this 19th'day 'of -November; 1990, by`the following vote:
AYES Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, }Mayor Hilligoss
NOES: None
` ABSENT:' ,Sobel
M
Patricia E. -Bernard, Cit� Clerk
DEPUTY CITY CLERIC
Ordinance 1831 NCS
M.rPatricia:Hilligoss, Mayor
APPROVED AS TO FORM;
Ril h Rudndnsk�, City At orney
Page 3 of 3
101223-T
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AP 00:5-060-24 (a portion): a ®(
005-06,0-27 (a 'portion.) uu
065-06`0-2.8 (a portion)
All that real property situate in the City of Petaluma, County of
Sonoma, State of ,California, described as follows:
FIRST PARCEL
LOTS 1 through 4., as shown and designated upon that certain map,
entitled Petaluma -Marina Parcel Map: No.. 247 filed in the office
of the County Recorder on February 27, 199'0, in Book,454 of Maps,
pages 9 and 10, Sonoma County Records.
SECOND PARCEL
ANON -EXCLUSIVE common driveway easement over that portion of
Lot 6, designa'ted,-.as 50 Foot Non -Exclusive Common Driveway
Easement Over Marina Project, a%s shown upon that certain map
entitled Petaluma Marina Parcel Map No,;, 247, filed in. the office
of the County. Recorder on`February 27, 1990, in Book 454 of Maps,
pages 9 and 10, Sonoma County Records.
THIRD PARCEL
A NON-EXCLUS'IVE"common driveway easement over those,portions.of
Lots 5 and`. 6 des'ignated ,as 30 'Foot Non--Exalus•ive Common Driveway
Easement Over Commercial Project and over Marina Project, as
shown upon that' certain map entitled Petaluma Marina 'Parcel Map
No. 247, filed in the office of the County Recorder on February
27., 1990, in Book 454 ofMap's, pages 9 and 10, Sonoma County
Records.
FOURTH PARCEL.
AN EASEMENT for street or highway purposes, more particularly
described as follows:
A STRIP OF LAND,, 80 feet wide, situated in the City of Petaluma,
County of Sonoma, I State of,:California, lying equally 40 feet on
each side of, the fo.11owi-ng described lines
page 1 of 2
Ord �'
101.28 3-T 310
COMMENCING at th'e southeasterly corner of that certain parcel of
iand described in Deed dated May 16, 1,984,,. from Public Storage
" Properties X, Ltd. to C-ity-of Petaluma, recorded;July 3, 1984,,
under Document No. 84-04520,9, Sonoma County Records, said corner
being in the northerly line of land, 60 feet w,ide', of
Northwestern Pacific Railroad Company; thence North 77° 01' 51"
Nest, along said northerly line, being Parallel with and distant
30 feet northerly, measured at right angles from -the original
located centerline, of Northwestern Pacific Railroad. Company's
main track (formerly Donahue Branch, retired), 26.33 feet to the
true point of beginning of the line herein to be described;
thence South 50 18' 2.5" East, 63.1.9 feet to the southerly line of
said Company's land.
The side lines of the herein above described &0 foot wide strip
of land terminate in said northerly and southerly lines.
FIFTH PARCEL
AN EASEMENT for street or highway purposes, more particularly
described as follows:
BEING a portion of the lands of Northwestern Pacific Railroad
Company, as described by Deed recorded, in Book 345 of Deeds, page.
2'66, Sonoma County'Reco,rds, and being more particularly described
as follows:
BEGINNING at Point "'C" as.shown on that Record of Survey, filed
in Book 185 of Maps-, page 15 in the Office of the Sonoma County
Recorder; thence along the southeasterly line. of the said lands
of Northwestern Pacific Railroad Company, along a curve to the
left from a tangent which bears North TV 5'9` 12" West through a
central angle of 30 02' 36",having a radius of 352.2 feet and
length of 18.71 feet; thence leaving said southeasterly line,
North 51 10' 14" West,,0.52 feet; thence South 760 59' 12" East,
18:8`6 feet to the point of beginning.
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