RESOLUTION R2024- 089
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA AUTHORIZING
ACCEPTANCE OF TWO EASEMENT GRANT DEEDS
OVER PORTIONS OF APN 007- 082- 005 AND APN 024-
054- 009 FROM THE NAPA VALLEY WINE TRAIN, LLC
FOR PUBLIC RECREATIONAL PURPOSES FOR A
SEGMENT OF THE NAPA VALLEY VINE TRAIL AND
DETERMINING THAT THE ACTIONS AUTHORIZED BY
THIS RESOLUTION ARE EXEMPT FROM CEQA UNDER
STATE CEQA GUIDELINES SECTION 15060( C)( 2)-( 3)
AND 15061( B)( 3)
WHEREAS, the Napa Valley Wine Train, LLC has offered to dedicate to the City two Easement Grant Deeds to incorporate into a segment of the Vine Trail that runs through the City for public recreational trail purposes over a portion APN 007- 082- 005 and APN 024- 054-009; and
WHEREAS, it is the intent of the Napa Valley Wine Train, LLC to grant public recreational trail easements to the City of Napa for a continuous trail system through the City limits; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council' s adoption of this Resolution.
2. The City Council hereby finds that the acceptance of the Easement Grant Deeds discussed herein is exempt from the California Environmental Quality Act CEQA"). This action is not subject to CEQA because it is not a "project" as that term is defined in State CEQA Guidelines section 15378. Notably, this action will not result in a direct or reasonably foreseeable indirect physical change in the environment as the City is merely accepting easements without any plans to improve the trail at this time.
The action is thus not subject to CEQA under State CEQA Guidelines section 15060( c)( 2)-( 3). Additionally, the action is exempt from CEQA under State CEQA Guidelines section 15061( b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
R2024- 089 Page 1 of 2 September 17, 2024
EXHIBIT B
3. The City Council hereby accepts that certain Easement Grant Deed from the Napa Valley Wine Train, LLC for a portion of APN 007- 082- 005 ( attached hereto as Exhibit A).
4. The City Council hereby accepts that certain Easement Grant Deed from the Napa Valley Wine Train, LLC for a portion of APN 024- 054- 009 ( attached hereto as Exhibit B).
5. The City Council hereby authorizes the Public Works Director to execute a certificate of acceptance for the herein described Easement Grant Deeds and record said deeds at the Napa County Recorder' s Office.
6. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 17th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: am lmnna
TiffanyC rranza
Ci y Clerk
Approved as to form:
Ch pher Diaz
Interim City Attorney
Exhibit A - Easement Grant Deed from the Napa Valley Wine Train, LLC for a portion of APN 007- 082- 005
Exhibit B - Easement Grant Deed from the Napa Valley Wine Train, LLC for a portion of APN 024- 054- 009
R2024- 089 Page 2 of 2 September 17, 2024
EXHIBIT B
EXHIBIT A
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF NAPA
P. O. BOX 660
NAPA, CA 94559
SPACE ABOVE THIS LINE FOR RECORDER' S USE
EASEMENT GRANT DEED
ptn A. P. N: 007- 082- 005
This document is exempt from recording fees
pursuant to Government Code § 27383 and
exempt from Documentary Transfer Tax pursuant
to Revenue and Taxation Code § 11922
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Napa Valley Wine Train, LLC, a California limited liability company formerly known as Napa Valley Wine Train, Inc., a California corporation hereby GRANT( s) to City of Napa, a California charter city, an easement for Public Recreational Trail purposes, including the right of access and rights for the construction, operation, maintenance, repair, and replacement of public recreational trail facilities, including a bridge structure, in, on, over, across, under, and through the followingdescribed real property situate, lying and being in the City of Napa, County of Napa, State of California, more particularly described as follows:
LEGAL DESCRIPTION AND GRAPHICAL DEPICTION ATTACHED HERETO AND MADE A PART HEREOF AND DESIGNATED AS EXHIBIT " A"
The easement granted herein shall also include the right to keep the easement area free and clear of and from any and all debris, including the right to trim and remove any trees and vegetation, or portions thereof, which may constitute a hazard or interfere with the use of said area for the purposes granted.
Dated
NAPA VALLEY'WI~NET LLC,
a Califor is Limited Li ' ity Company
By:
Nath n Davis, General Manager
MAIL TAX STATEMENTS TO:
Napa Valley Wine Train
Attn: Anthony J. Giaccio, CFO
1275 McKinstry Street,
Napa, CA 94559
EXHIBIT B
ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the documentto whichthis certificateis attached, and notthe truthfulness, accuracy, orvalidityof that document.
STATE OF CALIFORNIA )
SS
COUNTY OF NAPA )
On ' ginLIe 25 ) 014 , before, me, S (, s ActmOC , Notary Public, personally appeared NG; iA6 LA Q-.wI , 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 the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ISABEtASILOSRAMDWitness my hand an offici seal.
A
COMM. #2466015 IFORNIAjNOTARYPUBLIC - CAlUNTY
UU)
MY M s od. 10, 2027
Signature ( Seal)
Nota l lic
EXHIBIT B
4113004. 3
03- 21- 2016
EXHIBIT A
LEGAL DESCRIPTION
A portion of the Napa Valley Wine Train Inc. described as follows:
Commencing at the well monument lying 154. 52 feet southeasterly of the prolongation of the north line of the Lands of Justin Siena High School Corp. as measured parallel with the center line of Solano Avenue; thence North 57' 16' 22" East -80. 82 feet to the east line of Solano Avenue; thence along the east line of said Solano Avenue North 31 ° 41' 20" West 2. 38 feet to the Point of Beginning; thence continuing along said cast line North 31 ° 41' 20" West 237. 14 feet; thence leaving said line South 41 ° 04' 57" East 36. 76 feet; thence South ) 1 ° 41 ' 20" East 159. 08 feet; thence South 23° 31' 11" East 42. 23 feet to the Point of Beginning.
Basis of Bearing: The found monuments on Solano Avenue bearing North 32° 43' 38" West.
END DESCRIPTION
Containing 1189 square feet, more or less.
ChUopher M. Ttbbk
LS8585
F0F CAL\FU
7-3
Page
EXHIBIT B
RIGHT- OF- WAY TAKE EXHIBIT
VINE TRAIL - OAK KNOLL DISTRICICALIFORNIA
5CALE, 1 " = 40'
s \
e
1189 , a FT.,
0. 027 AC. ss
EA5EMENT AREA
4GQUlRED \ '-
v/ LS8585
Or- C,gl_IF.
TM5 EXHIBIT / 5 FOR
5RAPHIG PURP0555
ONL Y.. 4NY ERR0R5
OR ( 91- 1155/ 0N5 ON
TH15 EXHIBIT 5HALL
NOT 14FFEGT THE
DEED DESCRIPTION.
s
N
A
i
O Cr
o
6R4PH16 55ALE
40 O 40 BO
ON FEET)
l Inch = 40 FT
BRIDGE PER NAPA
if1L LEY VINE TRAIL -
OAK KNOLL SECTION
DATED MA ' 4, 2015
N
9 y
FD JELL MOM
2v1 338. 0
FD WELL MON
1515 FOURTH STREET
NAPA, CALIF. 94559
OFFICE 17071252. 3301
www. RSAcivii. com +
RSA+ I CONSULTING CIVIL ENGINEERS + SURVEYORS + 1980
HAR 2016 4113004. 3 RW SaivadonGridgeEasemenE. dc g
EXHIBIT B
EXHIBIT B
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF NAPA
P. O. BOX 660
NAPA, CA 94559
SPACE ABOVE THIS LINE FOR RECORDER' S USE
EASEMENT GRANT DEED
Ptn of APN: 024- 054- 009
This document is exempt from recording fees
pursuant to Government Code § 27383 and
exempt from Documentary Transfer Tax pursuant
to Revenue and Taxation Code § 11922
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Napa Valley Wine Train, LLC, a California limited liability company formerly known as Napa Valley Wine Train, Inc., a California corporation, hereby GRANT( s) to City of Napa, a California charter city, an easement for Public Recreational Trail purposes, including the right of access and rights for construction, operation, maintenance, repair and replacement of public recreational trail facilities in, on, over, across, under,. and through the following described real property situate, lying and being in the City of Napa, County of Napa, State of California, more particularly described as follows:
LEGAL DESCRIPTION AND PLAT MAP ATTACHED HERETO AS EXHIBITS " A" AND " B",
RESPECTIVELY, AND MADE A PART HEREOF
The easement granted herein shall also include the right to keep the easement area free and clear of and from any and all debris, including the right to trim and remove any trees and vegetation, or portions thereof, which may constitute a hazard or interfere with the use of said area for the purposes granted.
Dated: 6SL
NAPA VALLEY W RAIN, LLC, a
California Li ed Liabi ' Company
By:
N han General Manager
MAIL TAX STATEMENTS TO:
Napa Valley Wine Train
Attn: Anthony J. Giaccio, CFO
1275 McKinstry Street
Napa, CA 94559
EXHIBIT B
ALL PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies 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 )
SS
COUNTY OF NAPA )
On ;. a 6 , ? Low , before me, 1Ciwtl I011 R,,,^ 105 Notary Public, personally appeared Na- k'a ) 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 the 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 gorrect.
Witness my hand anofficiale0l. 11
ISABEIA
SILOS RAMOSCOMM. #
2466015 M' q
NOTARY PUBLIC - CALIFORNIA ;V Signature (
Seal) NAPA COUNTYN
otai ubli MY
Comm. ExpiresOd. 10• M27Page
2 of 4
EXHIBIT B
5311. 0
Trail Easement
July 9, 2021
EXHIBIT A
LEGAL DESCRIPTION
An easement 14 feet in width, across the lands of the Napa Valley Wine Train LLC., the centerline of said easement being described as follows:
Commencing on the South line of Redwood Road as shown on the map entitled "Record of Survey State Route 29 / Trances Street — Redwood Road Monument Map" filed May 28, 2008 in Book 39 of Surveys at Pages 15 & 16, Napa County Records, State of California, at the point that bears South 77' 43' 53" West, 21. 59 feet from the intersection of the South line of Redwood Road and the centerline of the Napa Valley Wine Train Railroad Tracks; thence leaving said South line, South 3 V 49' 00" East, 8.01 feet to the north line of the Lands of said Napa Valley Wine Train LLC also being the Point of Beginning, thence continuing South 3F 49' 00" East, 119.33 feet, more or less, to the west line of California State Highway 29 also being the Point of Terminus.
The sidelines of said easement shall be extended or shortened as to terminate at said South line of Redwood Road and the west line of California State Highway 29.
Basis of Bearing being the south line of Redwood Road as shown on 39 RS 15- 16 measured as South 77043' 53" West.
LAND c\
END DESCRIPTION
T^
st0 her k[ Tib: i;s
arc
EXHIBIT B
EXHIBIT B
5T7° 43' 53
21!
POINT OF
531 ° 4G' 00" E
8. 01'
POINT OF BEGINNING
LANDS OF
NAPA VALLEY WINE TRAIN LLC
APN 024- 054- 0041
LANDS OF
MAGNOLIA VALLEY LLG
APN 042- 054- 010
J
LAND' OF
STATE OF CALIFORNIA
STATE HIGHWAY 24
t pherM. Mbi
S8585
rz-
POINT OF TERMINUS
v
r
DA515 OF 5EARIN6 BEING THE SOUTH LINE
OF REDWOOD ROAD A5 51-101,1P! ON 3B R5
15- 16 MEASURED AS SOUTH ? 1045' 55" WEST.
THE 51DELINE5 OF TH15 EA5EMENT
SHALL BE EXTENDED OR SHORTED
TO INTERSECT AT ANGLE POINTS
AND TO BE61N AND TERMINATE AT
THE PARCEL 1300NDARIE5.
TH15 EXHIBIT 15 FOR GRAPHIC
PURP05E5 ONLY. ANY ERROR5 OR
SGAG. E, P m 301 OMI5510N5 ON TH15 EXHIBIT 5HALL
NOT AFFECT THE DEED DESCRIPTION
1515 FOURTH STREET
NAPA, CALIF. 94559
SA OFFICE 17071252. 3301
www. RSAcivii. com +
RSA+ I CONSULTING CIVIL ENGINEERS + SURVEYORS+ 1980
JULY, 2021 DWG: 5311. 0- EXHI5IT B. DWG
EXHIBIT B