HomeMy WebLinkAboutOrdinance 1672 N.C.S. 12/22/1986as
EFFECTIVE ®ATE
DEC 2 2 1986
INTRODUCED BY
Lynn Vbolsey
ORDINANCE NO. 1672 N. C. S.
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
ORD. 16'72NCS
the City Charter. Introduced and ordered posted/published this 22nd day
of December, 1986.
Adopted this 22nd day of December, 1986, by the following vote:
AYES: Davis, Sobel, Woolsey, Cavanagh., Balshaw, Vice Mayor Tencer, Mayor Y;attei
NOES: 0
ABSENT: p
10
Mayor
ordinance -gray
LAW7
Appro to form:
City Attorney
ORD. I 672NCS
"EXHIBIT A"
All -that real property stuate.in the County of' Sonoma;, State of California
and being the Southerly .100.,acres of the land of Richard and Faith Gray per
document recorded June 30,.1980 in Official`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 540 33' East along the Southerly line -of said lands of Gray 2899.22 feet
to the Northwesterly line of East Washington Street.; thence Nor-.th 35° 30' East
along said Street 1502.:4.7 feet; thence leaving:said-Street'North 540 33' West
2899.22 feet to the Westerly line.of said`Lands:of Gray; 'thence South 35° 30'
West along said Westerly line 1502.47 feet `to the point of beginning.
Containing 100.00 acres more° or less.
Less easements and'rights-of=way of record.
EXHIBIT A ` ti RD'. 16 7 2 N 0 c
.LETTER OF INTENT TOISELL>PRQPERT.Y'TO CITY OF PETALUMA
Mr. John Scharer, City Manager
City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Lands of Gray 100 acresat E. Washington and Old Adobe
Dear John,
1. In the past, the :city of Petaluma asked that: 100 acres (Ptn Sonoma County
Assessor Parcel 136-070-16) of the Lands of Gray,- located at E. Washington
Street and Old Adobe Road, be sold to. the City 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 agreeable to both parties.'The City of Petaluma would cooperate
with the.owners (Richard, and Faith Gray) to assist with certain problems which
would.&rise for the. remaining 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 Transfer: 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.ewerc The City will make water and sewer available to
the property line of. -the 81 acres at no cost to the Seller. The Seller
understands that connection.'(or 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 plus those transferred (estimated to be 9
units). The services will be'made available in .conjunction with development
of the 100 acres or in no event later.than four (0 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 the question of joint access
through the City"s 100-acres would,be premature prior to final des gn of any
development. `However.,>the City would provide,.where ,possible, -emergency
access to the.8.1- acres.
e. Parcel'Costs:, The City agrees to,pay for the parcelmap or land
separation :costsof the 100 acres, an amount not to exceed Five Thousand
Dollars ($'5, 000.00'),..
2. It has been the xepre'sentation by the City of Petaluma.that the property
is to be used as an athletic park and recreation, area. Mr. and Mrs.. Gray have
always lived and worked in Petaluma. Mr. Gray has been very active in athletics
y availability
,of has alwa s°been interested in the ay..ailabilit of athletic fields and
p p is Community. B r. ..
recreation area for the e.o le in this apdMr . Gray agree2 c S
to a harmonious sale of this 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 allowing 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 acres.
This agreement is subject to clone of escrow prior to end of year 1986.
The above constitutes our basic understanding of the City of Petaluma's
wishes regarding this,purchase, and our willingness to close the escrow.
Sincerely,
�l777
R CHARD GRAY
FAITH GRAY
Date.:
T
xHtBIT B. ORD.16 7 2 N C S
City of -Petaluma 11 English Street
Post Office Box 61-- Petaluma, C8li'forni8,94953
LETTER OF INTENT TOPURCHASE
LANDS': OF GRAY
(100 Acres at East -Washington & `Old Adobe„ Petaluma.)
Mr. Richard Gray
Mrs. Faith Gray
c/o Lucy Webb
620 E. 'Washington Street -
Petaluma, California 94952
Re: Lands of Gray 100 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 Intent . to :Sell Property to _City of Petaluma"
which was signed by each. of you and datedDecember 15, 1986.
The City of Petaluma hereby. accepts that offer subject to certain conditions
as stated herein as follows:
1. Attached to this letter, is an Exhibit A:., which is the ,legal description of
the 100 acres being 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 all liens and, encumbrances, except for
.easements and. rights of way of record which do 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'- is -being acquired for drainage purposes as well as for the
purpose,. of' an athletic park and recreational facilities
Saveand except for.. the foregoing, the terms and to of your Letter
of IntentAs referred to above are .hereby accepted.
Dated:
JOHN 'SCHARER, City Manager
let of intent -gray
LAW7
XHIB ®- .
GRM `16 7 2 N CS
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