Loading...
HomeMy WebLinkAboutOrdinance 2912 N.C.S. 11/17/2025 Ordinance No. 2912 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE December 17, 2025 ORDINANCE NO. 2912 N.C.S. Introduced by: Janice Cader Thompson Seconded by: Karen Nau ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA DEDICATION OF WALL EASEMENTS ON PETALUMA BLVD SOUTH TO BURBANK HOUSING (BHDC) RIVER PLACE, LLC AT 1601 PETALUMA BLVD SOUTH (APN 019-210-054) WHEREAS, Burbank Housing has requested that the City summarily dedicate wall easements at three locations under Petaluma Blvd South at Assessor Parcel Number 019-210-054, as shown on the Easement Grant Deed, attached hereto as Exhibit A; and WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the acquisition, sale, or lease of real property be taken by ordinance except for such actions involving sums less than $3,000 or actions pursuant to general state law; and WHEREAS, the purpose of the easements is to add the entitlements of the wall construction to the River Place development to facilitate future maintenance of the wall associated with the site development; and WHEREAS, the City's Department of Public Works has reviewed this proposal and determined that the described easements do not conflict with any existing utilities and will not prohibit the use of Petaluma Blvd South at the locations; and WHEREAS, the proposed easement dedication is categorically exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations Sections 15061 and 15305 as a minor alteration in land use limitations in that the dedication would not remove City street interests that encumber the Developer’s fee title to the underlying property and would not result in the creation of any new parcel; and WHEREAS, the proposed easement dedication is part of the approved wall and Burbank Housing River Place was previously reviewed for CEQA compliance. and WHEREAS, on November 3, 2025, the City Council held a regular public meeting where they duly received and considered evidence, including the staff report and any comments from staff and the public. NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma, as follows: Section 1. Recital Findings The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this Ordinance as findings and determinations of the City Council. Section 2. Exemptions from CEQA This project is exempt under Sections 15061 and 15305(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15061 is the common-sense exemption, Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 Ordinance No. 2912 N.C.S. Page 2 as there is no possible significant effect directly related to the dedication of wall easements; therefore, no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Section 15305(a), the Class 5 exemption, as a minor alteration in land use limitations that the easements would not remove City interests that encumber the Developer’s fee title to the underlying property and would not result in the creation of any new parcel. The proposed project meets the criteria noted above. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project. Additionally, the proposed easement dedications are part of the Project, which was previously reviewed for CEQA compliance. Section 3. Approval of the Easement Dedication In accordance with Section 46 of Article VII of the Petaluma City Charter and other applicable law, the Wall Tie back easements shown on the Easement Grant Deed, attached hereto as Exhibit A, are dedicated to BHDC Petaluma River Place, LLC, and authorize and direct the City Manager to sign any and all documents to complete this transfer. Section 4. Severability If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction or preempted by State legislation, such decision or legislation 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, unlawful other otherwise invalid. Section 5. Posting/Publishing of Notice The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. Section 6. Effective Date The Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. INTRODUCED and ordered published and posted this 3rd day of November 2025. ADOPTED this 17th day of November 2025 by the following vote: Ayes: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs Noes: None Abstain: None Absent: None Kevin McDonnell, Mayor ATTEST: APPROVED AS TO FORM: Caitlin Corley, City Clerk Eric Danly, City Attorney Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 Ordinance No. 2912 N.C.S. Page 3 EXHIBIT A Easement Grant Deed Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 RECORDING REQUESTED BY: WHEN RECORDED RETURN DOCUUMENT & TAX STATEMENT TO: EASEMENT GRANT DEED GRANT(S) TO THE A PORTION OF 1505 O.R. 195-197 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF PETALUMA, A MUNICIPAL CORPORATION The following described real property in the City of Petaluma, County of Sonoma, State of California, SEE EXHIBITS 'A', 'B-1', AND 'B-2' ATTACHED HERETO AND MADE A PART HEREOF BHDC PETALUMA RIVER PLACE, LLC, A CALIFORNIA LMITED LIABILITY COMPANY BHDC Petaluma River Place, LLC 1425 Corporate Center Parkway Santa Rosa, CA. 95407 City of Petaluma Office of City Clerk 11 English Street Petaluma, CA. 94952 City expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or grant other easements or licenses at the same location so long as such uses d not unreasonably interfere with the rights herein granted. The Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining the Easement Area whether or not of record. The use of the word "grant" shall not imply any warranty on the part of the City with respect to the Easement or Easement Area. Grantee shall not use, deposit or permit the use or deposit of any hazardous or toxic waste or other harmful substances on the Land or on any other real property if City adjacent to the Easement Area. Grantee shall be responsible for any damage to City's property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition any of City's property. The Grant of Easement is made on the express condition that City is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee's its grantees', agents', officers', members', employees', invitees' or licensees' exercise of rights granted pursuant to this Easement or use of the Easement Area. To the maximum extent permitted by law, Grantee shall, at its own expense, indemnify, defend with counsel acceptable o the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnities") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation)(collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Grantee's use of Easement, regardless of any fault or alleged fault of the Indemnities. Dated: _____________________________ By:____________________________________ Peggy Flynn - City Manager Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 NOTARY PUBLIC CERTIFICATE A notary public or other officer completing this certificate verifie s only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SONOMA On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or th e entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by my hand and official seal, Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 200 Fourth Street, Suite 300, Santa Rosa, CA 95401 | 707.583.8500 EXHIBIT ‘A’ Legal Description Wall Tie Back Easement Over the Lands of City of Petaluma All that real property situated in the City of Petaluma, lying within the County of Sonoma, State of California and being a portion of the lands of the City of Petaluma, as described in that document titled “Resolution Accepting State Highways in the City of Petaluma, Roads IV-SON-1, 104-PET, which have been Relinquished by the State of California Highway Commission”, filed for record February 25, 1957, in Book 1505 of Official Records, at Pages 195-197, Sonoma County Records, lying within Petaluma Boulevard South and being more particularly described as follows: PARCEL ONE Commencing at the southwest corner of the lands of BHDC Petaluma River place, LLC, as described in that Grant Deed filed for record April 3, 2023 under Document No. 2023-013878, Official Records of the County of Sonoma; thence, said point lying at the southwesterly terminus of the course recited as “South 58°27’54” West 388.67 feet” in said Grant Deed (Parcel One); thence from said Point of Commencement, along the northerly right of way of Petaluma Boulevard South, North 58°27’54” East, for a distance of 298.76 feet to a point designated as “Point A”; thence, continuing along said northerly right of way, North 58°27’54” East, for a distance of 89.91 feet; thence, along a tangent curve to the right, with a radius of 860.00 feet, through a central angle of 00°33’36”, for a distance of 8.41 feet to a point designated as “Point B”; thence, continuing along said northerly right of way, and previously described curve to the right, with a radius of 860.00 feet, through a central angle of 09°35’54”, for a distance of 144.07 feet to the Point of Beginning of the parcel of land to be herein described and designated as “Wall Tie Back Easement A”; thence, from said POINT OF BEGINNING, continuing along said northerly right of way, and previously described curve, with a radius of 860.00 feet, through a central angle of 06°14’48”, for a distance of 93.76 feet; thence, leaving said northerly right of way, South 57°29’38” West, for a distance of 10.42 feet; thence, South 6°35’38” East, for a distance of 11.12 feet; thence, South 57°29’38” West, for a distance of 15.83 feet; thence, South 71°04’52” West, for a distance of 12.22 feet; thence, South 84°40’07” West, for a distance of 31.75 feet; thence, North 86°25’21” West, for a distance of 24.62 feet to the Point of Beginning of the hereinabove described parcel of land. Containing 1,066 square feet, more or less. PARCEL TWO Beginning at herein above designated “Point B”; thence, from said POINT OF BEGINNING, along the northerly right of way of Petaluma Boulevard South, along a non-tangent curve to the right, having a radius which bears South 31°43’54” East, with a radius of 860.00 feet, through a central angle of 4°20’31”, for a distance of 65.17 feet; thence, leaving said northerly right of way, South 33°10’51” West, for a distance of 12.84 feet; thence, South 47°09’03” West, for a distance of 31.13 feet; thence, South 64°38’35” West, for a distance of 15.64 feet; thence, South 82°08’06” West, for a distance of 8.09 feet; thence, North 31°35’54” West, for a distance of 8.90 feet to the Point of Beginning of the hereinabove described parcel of land. Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 Containing 621 square feet, more or less. PARCEL THREE Beginning at herein above designated “Point A”; thence, from said POINT OF BEGINNING, along the northerly right of way of Petaluma Boulevard South, North 58°27’54” East, for a distance of 70.87’; thence, leaving said northerly right of way, South 30°20’18” West, for a distance of 9.24 feet; thence, South 58°27’52” West, for a distance of 52.78 feet; thence, South 82°08’09” West, for a distance of 10.85 feet to the Point of Beginning of the hereinabove described parcel of land. Containing 269 square feet, more or less. Basis of Bearings: Grant deed to BHDC Petaluma River Place, LLC, filed for record April 3, 2023 under Document No. 2023-013878, Official Records of the County of Sonoma. Prepared by: BKF ENGINEERS _____________________________________ Dated:_______________ Ralph H. Thomas, PLS. No. 4760 8-5-2025 Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 PETALUMA BLVD. S PE T A L U M A R I V E R221440_ESMT-WALL.dwgPlot Aug 05, 2025 at 2:19pm COPYRIGHT © BKF ENGINEERS 2025BKF ENGINEERS200 4th STREETSUITE 300SANTA ROSA, CA 95401(707) 583-8500www.bkf.comPLS 4760RALPH H. THOMASWALL TIE BACK EASEMENT OVER THE LANDS OF CITY OF PETALUMA221440AEGAEG 2023RHT12scale1001" = 100'0100feet8-5-2025Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505 PETALUMA BLVD. S221440_ESMT-WALL.dwgPlot Aug 05, 2025 at 2:19pm COPYRIGHT © BKF ENGINEERS 2025BKF ENGINEERS200 4th STREETSUITE 300SANTA ROSA, CA 95401(707) 583-8500www.bkf.comPLS 4760RALPH H. THOMASWALL TIE BACK EASEMENT OVER THE LANDS OF CITY OF PETALUMA221440AEGAUG 2025RHT2240scale1" = 40'040feet8-5-2025Docusign Envelope ID: 045B7D01-1274-4336-ACEF-BEB171775505