HomeMy WebLinkAboutOrdinance 1831 N.C.S. 11/19/1990r
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~~J~AN 18 1
Introduced by
Lvnn Woolsey
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ORDINANCE 183°1 NCS
Seconded by
Vice Mayor Cavanagh
AN ORDINANCE OF THE CITY" COUNCIL OF
THE CITY DF.PETALUMA, CALIFORNIA,
AU'THORIZIIVG THE CONVEYANCE OF THE
PETALil1VIA 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. T0, 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 ca'11ed 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
Californi"a Limited Partnership (''MOPA"), as tenant dated' September 11,
1990, and recorded Sep.tember~ 12, 1:990, under .Document No. 1990 0090880
(Lot 1), 199Q' 0090881 (Lot 2), 199.0.0090.88.2 (Lot 3 and 1990 0090883 (Lot
4);
25 WHEREAS, MOPA has assgn'e.d the'Ground Lease for Lot 4 to Kirkman L. Lok, Cynthia
2< Lok,. Lawrence Lok, Frances Lok,' Alec.. L;ok 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;
3o WHEREAS, the' Petaluma.. ,Marina Business Center is :also sitbjeet to that certain
31. Declaration of Easements, Covenants; Restrictions and Reoipro.cal
32 Easements, for. Petaluma 1Vlarina~ .Business Project .dated and recorded
33 September : 14, 1990; :under- Document No. 1990 OOy'1972, Sonoma County
34 Records, and that' ~ certain- :Declaration of Covenants, Conditions end
35 Restrictions for Petaluma. 1Vlarina Busin_ ess Center dated and recorded
36 September 14, 19.90, under Document 1990 0991973, Sonoma County
37 Records;
Ordi-Hance 1831 NCS :Page 1 of 3
1 '` W,:Hl/RF,AS the Ct ; li - `Resolution No. 88=25 NCS, has approved a P armed. Community
y y
.2 District for° the Petaluma Marina. Office-.Center which Planned Community
3 District and any and all ~futurc revisions sand amendments thereto (including
~ without limitation, any approved rezoning. pursuant tg that certain Request
5 for Rezoning of the PCD Program fgr the Petaluma Mariana Office Complex
6 submitte'd' by 1VIOPA) shall hereinafter be referred to as the "PCD";
~ WHEREAS, the City,, by Ordinance No. 1725. NCS :has approved the Redevelopment Plan.
s (the ''Plan'') of the Petaluma communi y Development Commission (the.
9 "Commission") which. Plan,. a~rnorig .other' thing"s, designates an area within. the
~.o City as the Project~Area (herein so called); .
~~ 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;
~.4 WHEREAS, the City has pledged. its support to the Con-~rriisson.:in helping to carry o~it the
15 purposes of the Plan in:.the manner described in the Plan. and the Community
16 Development Law;
1~ WHEREAS, the City wishes to alleviate the pliysi'cal, social or economic liabilities in the
Project Area in furtherance of the statewide public policy enunciated in
~~ Sections :33030 through 33039, inclusive, of the California Health & Safety
20 Code;
27 WHEREAS, the Petaluma Marina Business Center is within.the Project Area;
22 WHEREAS, the Comtission lias received from MOPA a. nd 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
2s to develop the Petaluma Marina Business .Center as owner participant in
2~ conformity with 'the Plan and that, as ~a necessary condition to the Proposal,
27 1VIOPA must"obfain fee title to the Petaluma Marina Business Center;
28 WHEREAS, the City of Petaluma pursuant- to Section 4b of the Charter of the City of
2~ Petaluma may convey'its real property pursuant toordinance:
3~ NOW, THEREFORE BE IT ORDAINED by the Council of the City of Petaluma as
31 fellows:
32 1. The City Councl_ hereby agrees to convey fee tithe to the Petaluma Marina
33 ~ Business. Center to 'the Commission. pursuant o the terms of that certain
3~ Disposition. and. Acquisition Agreement a .true and accurate copy of which is
35 attached hereto as Exhibit "B" and.. incorporated .herein (the "Agreement:).
3E The Commission must.:accept °title to the Petaluma Marina. Office Park
37 subject .to the Ground, Leases, the .Declarati'ons and all other livens and
3s encumbrances of record.
'C%rdinanee 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 arid, any :and ..all deeds, instructions,
3 documents, agreements and.i_nstrurents needed to~,effectuate "the purposes 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
and the Declarations, the City has no present~use or night of possession of the
s Petaluma Marina Business. Center; said right 'being the exclusive right of
MOPA and Loks pursuant. to the Ground.Leases and that, accordingly, the
to City Council finds; determines ;and .declares that the Petaluma Marina
11 Business Center - .constitutes; surplus property within the meaning of
~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
~.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
1~ the Commission, pur"suant to Section 33396 of the California.Health & Safety
i8 Code and Section IV of the Plan to pay all considerations received from
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 1Vlarina Business. Center
22 subject to Ownership Participation Agreements which conform to the Flan
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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LNTRODUCED AND ORDERED POSTED/PUBLISHED thi's 5th day of
November , 199Q, `~.
ADOPTED this 19th~'day of~Noverriber; 1990, bythe following vote: '
AYES: Balshaw; Davis, Woolsey, Tenter, Vice Mayor Cavanagh, }Mayor Hilligoss
NOES: None
`ABSENT:' ,Sobel
A'
Patricia E.Bernard, City Clerk
E~P' C@'~ CLERIC
Ordinance 1831 NCS
M.r~Patricia:Hlligoss, .Mayor
AP=P:~ROV°ED AB TO FORM
a,_=- -
- //llbff~% ~ _
Rl h Rudna'nsk~, City~At orney
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AP 00:5-060-24 (a portion): a ®(
00'5-060-27 (a 'portion.) _ uu
' 005-06'0-2.8 {8 portion) ,
All that real property situate in the City o-f Peta-lama, County of
Sonoma, State ofCalifornia, de`scribe'd as followse
FIRST PARCEL ..
hOT.S 1 thr"ough 4 , as shown a'rd designated upon that certain maY
entitled PetalumaMarina Parce Map: Nb. 347 , filed in tfie o~f f ice
of the County Recorder on Februa°ry 27, 199'"0, in Book,454 of Maps,
pages 9 and 10, Sonoma County Records.
SECOND PARCEL
ANON-EXCLU.SSVE common driveway easement oyez that portion of
Lot 6, desgna'ted,~.as 50 Foot Non-Exclusive Common Driveway
Easement Over Marina :Project, a=s sh-own. 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 PARC..EL
A NON-EXCLUS'IV£~cgmmon driveway easement over those ,portions. of
Lots 5 and`. 6 , des';gnated ,as 3A 'Foot Non--Exclus•i~e Common Driveway
Easement Ove ~Com3nercal Project and over Marina Project, as
shown upon that. .certain map entitled.Petaluma.Marna'Pa-reel Map
No. 247, filed in the office of the County Recorder on February
27., 1:990, in Book 4'54 ofMap's, pages 9 and 10, Sonoma County
Records.
FOURTH PARCEL.
AN EASENtENT for street or highway purposes, more particularly
described as follows:
A STRIP OF LA21D,, 80 feet wide:, situated in the City of Petaluma,
County of Sonoma,'S~tate.af :California; lying equally 40 feet on
each side of, the following described lines
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10'1.28 3-T 310
COMMENCING at t'h'e southeasteray corner of that certain parcel of
land de~scribea in Deed dated May 16 , 1,98~~, f-rom Public Storage
"Properties X, Ltd. to C-ity~of Petaluma, recorded; July 3, 1984,,
under Document.No. 84-0:,4520;9, Sonoma County Records, said corner
being in the northerly line of land; 6'0 feet w,de'; of
Northwestern Pacific Ra°ilroad Company; thence North 77° 01' S1"
Nest, along said northerly line, being garallel 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 5° 18' 25'" East, 63.1:9 feet to the southerly line of
said Company's land.
The side lines of the herein above described 8~O 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 Records, and'be~ing more particularly described
as follows:
BEGINNING at Poin€ "'C" as. shown on that Record of Survey,. filed
in Book 185 of Maps, page. 1.5 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 7~6° 5'9'~ 12" West through a
central angle of 3° 02' 36", having a radius of 352.2 feet and
length of 18.71 feet; thence leaving said southeasterly line,
North 5° 10' 14" West, ,0 .52 feet; thence South 76° 59' 12" East,
18:8`6 feet to the point of beginning.
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