HomeMy WebLinkAboutOrdinance 1672 N.C.S. 12/22/1986as ~px ~,9g qp~
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DEC 2 2 1986
ORDINANCE NO. 1572 N.C.S.
INTRODUCED BY
Lynn ti`Joolsey
SECONDED BY
John Balshaw
AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY
CONSTITUTING 100_ ACRES OF LAND WHICH ARE A PORTION OF
SONOMA COUNTY A.P. 136-070-16, WHICH PARCEL IS LOCATED
AT EAST WASHINGTON STREET AND OLD ADOBE ROAD, PETALUMA
AND DECLARING ITS URGENCY TO TAKE EFFECT IMMEDIATELY
BE IT ORDAINED by the Council of the City of Petaluma as follows:
Section 1. The real property described on Exhibit A hereto is
authorized to be purchased pursuant to the terms and conditions of the
Letter of Intent to sell property to the City of Petaluma dated December 15,
1986 from the owners of the property Richard and Faith Gray, a copy of
which is attached hereto as Exhibit B and the Letter of .Intent to Purchase
Lands of Gray dated December 16, 1986 and signed by the City Manager of
the City of Petaluma, a copy of which is attached hereto as Exhibit C.
Section 2. This ordinance is hereby declared to be necessary for the
immediate preservation of the public, health and safety and shall take effect
and be enforced upon its passage by a unanimous vote by the members of
the City Council present at the time of its adoption . The reason for the
urgency of this ordinance is that the sellers of the property require. that
this sale must be concluded and escrow must close by December 30, 1986,
otherwise the sale will be null and void and the City of Petaluma will lose
the opportunity to receive a portion of the property as a donation from the
sellers .
Section 3. The City Clerk be, and she is hereby directed to
post/publish this ordinance for the period and in the manner required by
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the City Charter. Introduced and ordered posted/published this 22nd day
of December, 198b .
Adopted this 22nd day of December, 1986, by the following vote:
AYES: Davis, Sobel, jVoolsey, Cavanagh., Ba.lshaw, Vice Mayor Tencer, ~17ayor Y;attei
NOES : ~
ABSENT : p
Mayor
Appro to form
City Attorney
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1tEI~IBfiT A"
All-that real property situate. in the County of Sonoma;, State of California
and being the Southerly .14g0~acres of the land of Richard and Eaith Gray per
document recorded June 30,.1980 in Dfficial`Records Number `80 037637 Sonoma
County Records and more particularly described ,as follows:
Beginning°at -the Southwest corner .of the said :lands 'of Gray and running thence
South 54° 33' East along the Southerly line.-of said land's of Gray 2899.22 feet
to the Northwesterly line of East Washington Street.; thence Nor-ah 35° 30' East
along said Street 1502.:4.7 f'ee't.; thence leaving: aid-Street"North 54° 33' West
2899.22 feet to the Westerly line. of sand°Lands:of .Gray; 'thence South 35° 30'
West along said Westerly line :150.2..47 feet `to the point of beginning.
Containing 100.00 acres more' or less.
Less easements and 'rights-of=way of record.
LETTER OF INTENT TQ1SELL>PRQPERTY'TD CITY OF PETALUMA
Mr. John Scharer, City Manager
City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Lands of Gray l00 acres' at E. Washington and Old Adobe
Dear John,
1. In the past, the :city of Eetaluma asked that: T00 acres (Ptn Sonoma County
Assessor Parcel 136-070-1'6) of the Lands of Gray,- located at E. Washington
Street and Old Adobe Road,. be sold to the Cit"y for purposes of an athletic
park and recreational facilities.,: The City requested, that in lieu of
condemnation., an .agreement be. worked out wherein a transaction be accomplished
that would be.agreeab_le to both parties. The City of `Petaluma would cooperate
with the. owners. (Richa~d~ and Faith Gray) o assist with certain problems which
would ;arise for the.remanng land~as;a result of the severance from the
original parcel to accommodate the potential sale or condemnation of the 100
acres. The City agreed to the following::,
a. Density T~rans.fer: The City will: work with the County to approve a
transfer of density from the 100 acres to the .remaining 81 acres (approxi-
mately 5 units). '
b. Water and S.ewer:c. The City will make- water and sewer available to
the property line of.•the 8il acres at no cosy to the Seller. The Seller
understands that connec qn."("qr other)•fees normal `to residential use would be
paid by the Seller. The pipes; will be sized to .serve only the number of units
provided for in•the County zoning plu those transferred (estimated to be 9
units). The .services will be~mad'e available in .conjunction with development
of the .1.00 acr-.es or in no event later than four (4)."years from the date of
escrow closing..
c. Annexation: 'The City of Petaluma cannot .annex the 81± remaining
acres.
d, Acce'ss;;.. Both parties understand that t'he.ques ion of joint .:access
thr-ough.the City's TOq-acres would ,be premature prior to final:.desgn of .any
development:. `Aowever.,>-the City would provide, .where possible, emergency
access to the. 81+ acres.
e. Par;cel~Costs:~ The City agrees to p'ay for the parcel. map or land
separation :costs~of the 100 acres, an amount not to exceed Five Thousand
Dollars {$'S, 000.00'),.
2. It: has been the 'repre'sentation by the City of Petaluma. that the .property
is to be used as an' athl'etc park and recreation, area.. Mr. and Mrs.. Gray have
always lived and worked in Petaluma. Mr. Gray has been very active in athletics
and has alwa s°been interested in the av..ailabilit of
Y y athletic fields and
p p is Community. B r. d..Mr Gray agree
recreation area for the e.o le in th . ~ ap ~ 2• ~~ c S
to a harmonious sale ofthis land to the City of Petaluma. In this regard,
- the Grays shall .not only sell the ,property to the City subject to a close of
escrow prior to. Dec 30', 198.6, b.ut will also make a donation of $350,000.00 to
the City in the form of credit on the purchase price„ thus a lowing the City
of Petaluma to purchase the $850,000.00 property at a net .purchase price of
$500,000.00. '
Accordingly, the Grays shall provide the City of Petaluma with a legal
description of the 100 aeries.
This agreement is subject to close of escrow prior to end of year 1986.
The above constitutes our basic understanding, of the City of Petaluma's
wishes regarding ths,purcha!se, and our willingness to close the escrow.
Sincerely,
i'
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R CHARD GRAY.. _ ~ .
riy.
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FAITH GRAY
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Date: ~.~.~ 1S ~i~r~lm
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city o~f ~Peta4urna 11 'English Street
Post Office Box 6L--Petaluma, Cali'fornia,94953
IETT:E^R OF INTENT TOPURCHASE
LANDS': OF GRAY
(100 Acres gat East ~Washinfg on & `Old Adobe„ Petaluma)
Mr . Richard Gray
.Mrs. Faith Gray
c/o Lucy Webb
620 E. 'Washington Street
Petaluma., Cali#ornia 94952
Re: .Lands of Gray - I00 Acres at E. Washington and Old Adobe
Dear Richard and Faith, 'Gray;
This letter should„ be; considered as an acceptance ~of your Offer to Sell
as contained in the "'Letter of Tntent to :Sell Property to _ City of Petaluma"
which `was signed by each. of you and da"ted' December 15, 1986.
The City of ,Petaluma hereby. accepts that offer subject to certain conditions
as stated herein as' follows
1. Attached- to ahis letter. is ~an .Exhibit A:, which is the ,leg:al description of
the 100 acres b.ein~g purchased by the City of Petaluma from yourselves.
2. This purchase :is subject to receipt of and' :review by the City of
Petaluma. of a preliminary title report on the property . Title to the
;property shall . be free and; clear of a1T liens and. encumbrances, except for
.easements and rights of way of record which dq not materially affect title to
the property.
3. That the, sale can be consummated prior to December 30, 1986, without
necessity' of obtaining .a parcel map from the.. County of ,.Sonoma.
4;. 'The' property isbeing acquired :for drainage purposes. as well as for the
purpose,. of an athletic park and recreational facilities.
Save. and' except for.. the foregoing, the terms and conditions of your Letter
of .Intent= .as referred to above are .hereby accepted.
Dated: '
JOHN SCHARER; City Manager
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