CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: August 06, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Mario Landeros, Interim City Engineer
Subject: Resolution Accepting a Waterline Easement and Authorizing the City Manager to execute easement deed in connection with Woodmark Apartments
=========================================================================================== RECOMMENDATIONS:
The item is to request Council adopt a resolution accepting a water line easement for a fire line in connection with the Woodmark Apartments project and authorizing the City Manager to execute the easement deed.
EXECUTIVE SUMMARY:
Pursuant to Permit Number 2021-010 Woodmark Apartment (the Project) Conditions of Approval, the Project developer has provided an easement deed for a waterline for fire protection purposes within the Project property (“fire line”). The fire line has been constructed in accordance with approved plans. The easement deed is to be recorded prior to occupancy.
BACKGROUND AND DISCUSSION:
Among various conditions of approval of the Woodmark Apartment project now under construction at 7716 and 7760 Bodega Avenue (APN 004-211-007 and 060-230-067, respectively), is a requirement to construct an 8-inch fire line through the property and to provide to the City a waterline easement.
The new 8-inch fire line connects into an existing City water main located in Bodega Avenue near the Project’s southwesterly corner and loops through Project site within the loop driveway. The fire line also connects into another section of City water main near the Project’s northeasterly corner that runs through the adjacent existing residential development, Bear Meadow Apartments, located at 7720 Bodega Avenue. There is also a privately owned and privately maintained domestic waterline also within the loop driveway that connects to the Project apartments as well as the landscape irrigation system.
The easement deed was prepared by the developer and submitted to the City for review and approval. The attached resolution documents the need and purpose for the easement and authorizes the City Manager to execute the easement deed.
STAFF ANALYSIS:
The easement deed, which includes the easement legal description (Exhibit ‘A’) and graphical plat (Exhibit ‘B’) were reviewed and accepted by the City Engineer. In addition, construction of the 8-inch waterline within the described easement has been inspected and approved by the City Engineer.
Once the easement is accepted by Council and the easement deed is recorded with the County Recorder the 8” waterline will become a part of the City water system and Public Works will be responsible for the operation and maintenance (O&M) of the new 8” waterline.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
FISCAL IMPACT:
With the acceptance of easement and recordation of the easement deed the new 8-inch waterline will become the City’s responsibility for operating and maintaining the new line, and the fiscal obligation thereof considered a part of the O&M budget.
OPTIONS:
No reasonable alternatives have been identified. Construction of the 8inch fire line and the dedication of waterline easement thereof were conditions of approval for the Project. The Developer has complied with both conditions, which are required for the Project to receive building occupancy.
ATTACHMENTS:
1 - Resolution
2 - Easement Deed
APPROVALS:
Department Head Approval: Approval Date: 7/23/24
CEQA Determina�on (Planning): Approval Date: 7/22/24
The proposed ac�on is not a project under the California Environmental Quality Act (CEQA) Administrative Services (Financial) Approval Date: 7/22/24 Costs authorized in City Approved Budget: ☐ Yes ☐ No N/A Account Code (f applicable) ___________________________ City Attorney Approval and
City Manager Approval: Approval Date: 7/23/24
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
RESOLUTION NUMBER: 2024-___
CITY OF SEBASTOPOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL ACCEPTING A WATERLINE EASEMENT
PERTAINING TO THE WOODMARK APARTMENTS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE EASEMENT DEED
WHEREAS, Sebastopol Pacific Associates, a California Limited Partnership, is the owner (OWNER) of real property located at 7716 and 7760 Bodega Avenue, APN 004-211-007 and 060-230-067, respectively (PROPERTY); and
WHEREAS, pursuant to City of Sebastopol Permit Number 2021-010 OWNER has constructed the Woodmark Apartments (PROJECT) within the PROPERTY; and
WHEREAS, pursuant to the PROJECT Conditions of Approval and in accordance with the PROJECT Improvement Plans approved by the City Engineer on May 3, 2023, OWNER constructed an 8-inch waterline (“fire line”) through the PROPERTY; and
WHEREAS, the constructed 8-inch fire line has been inspected and approved by the City Engineer; and WHEREAS, OWNER has granted to the City of Sebastopol for its acceptance a waterline easement over the constructed 8-inch fire line, shown in Exhibit-Easement Deed, a true copy attached herewith.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Accepts the waterline easement; and
2. Authorizes the City Manager to execute the easement deed.
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 6th day of August 2024 by the following vote:
VOTE:
Ayes:
Noes:
Absent:
Abstain:
APPROVED: __________________________________________
Mayor Diana Rich
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
Exhibit – Easement Deed
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
Recording Requested by:
CITY OF SEBASTOPOL
And When Recorded Mail to:
CITY OF SEBASTOPOL
P. 0. BOX 1776
SEBASTOPOL, CA 95473
Recorded for the benefit of the City of Sebastopol
and exempt from recording fees pursuant to
Government Code Sections 6103 and 27383.
(Space Above This Line for Recorder's Use Only)
APN: A portion of060-230-067 & 004-211-007
EASEMENT DEED
The undersigned Grantor(s) declare(s):
Documentary transfer tax is $ 0.00. City transfer tax is $ ( ) Computed on full value of property conveyed, or
( ) Computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( XX )City of Sebastopol- Exempt (R&T 11922) FOR AV ALU ABLE CONSIDERATION, receipt of which is hereby acknowledged, Sebastopol Pacific Associates, a California Limited Partnership, Hereby grant( s) to The City of Sebastopol, a municipal corporation, the following described real property located in the City of Sebastopol, County of Sonoma, State of California:
An easement for fire water line purposes as described in EXHIBIT "A" Legal Description, attached hereto and made a part hereof.
[GRANTORJ
Caleb Roope, General Partner
Nam4:;"°I', �...,../
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed above is hereby accepted by order of the Council of the City of Sebastopol by Resolution No. dated 20_, and grantee consents to recordation thereof by its duly authorized officer.
CITY OF SEBASTOPOL,
A Municipal Corporation
BY: ---------------
Don Schwartz, City Manager
DATED: --------------
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
A notal"y public or other officer
completing this certificate vel"ifies 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 Idaho
County of Ada
On before me, Katie Callen, Notary Public personally appeared ........,,..,,....--���_,����=----' who proved to me on the basis of satisfactory evidence to be the perso· (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 Idaho that the foregoing paragraph is true and correct.
Signature --+--=-....>..+�Y7"'l"'-'-''l-+-J------
Co
(Seal)
KATIE CALLEN
COMMISSION #65899
NOTAFIY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 07/08/2027
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
FIRE WATER LINE EASEMENT
IN THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, STATE OF CALIFORNIA
BEING PORTIONS OF LAND LYING WITHIN THE LANDS OF SEBASTOPOL PACIFIC ASSOCIATES, A
CALIFORNIA LIMITED PARTNERSHIP, AS DESCRIBED BY THAT GRANT DEED RECORDED UNDER DOCUMENT NO. 2021-131844 AND THAT GRAND DEED RECORDED UNDER DOCUMENT NO. 2021-131845, BOTH SONOMA COUNTY RECORDS, HEREON REFERRED TO AS "PARCEL OF LAND" AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15 FEET IN WIDTH OVER, ACROSS AND UNDER SAID "PARCEL OF LAND" AND LYING
7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID "PARCEL OF LAND", SAID SOUTHWEST CORNER ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF BODEGA HIGHWAY;
THENCE LEAVING SAID SOUTHWEST CORNER, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE SOUTHERLY BOUNDARY OF SAID "PARCEL OF LAND" N 89°
38'41" E, 71.04 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N00°21'19"W A DISTANCE OF 65.29 FEET;
THENCE N27°
41'21"E A DISTANCE OF 41.03 FEET;
THENCE N89°
38'41"EA DISTANCE OF 150.53 FEET TO A POINT HEREON REFERRED TO AS POINT 'A'; THENCE, LEAVING SAID POINT 'A' N89°
38'41"E A DISTANCE OF 203.98 FEET;
THENCE N01"11'04"E A DISTANCE OF 49.10 FEET TO A POINT HEREON REFERRED TO AS POINT 'B'; THENCE, LEAVING SAID POINT 'B' N01°
11'04"E A DISTANCE OF 160.26 FEET TO A POINT HEREON
REFERRED TO AS POINT 'C';
THENCE, LEAVING POINT 'C' N01"11'04"E A DISTANCE OF 15.59 FEET TO A POINT HEREON REFERRED TO AS POINT 'D';
THENCE, LEAVING POINT 'D' N01°
11'04"E A DISTANCE OF 4.48 FEET;
THENCE N43°
48'56"W A DISTANCE OF 52.86 FEET;
THENCE N83°
29'17"W A DISTANCE OF 154.58 FEET;
THENCE S62°
06'02"W A DISTANCE OF 25.17 FEET;
THENCE S27°
41'21"W A DISTANCE OF 51.32 FEET;
THENCE S72°
41'21"W A DISTANCE OF 2.83 FEET;
THENCE S27°
41'21"W A DISTANCE OF 20.00 FEET TO A POINT HEREON REFERRED TO AS POINT 'E'; THENCE, LEAVING SAID POINT 'E' S27°41'21"W A DISTANCE OF 168.96 FEET TO A POINT HEREON REFERRED TO AS POINT 'F';
THENCE, LEAVING SAID POINT 'F' S27°
41'21"W A DISTANCE OF 110.91 FEET;
THENCE S00°21'19"E A DISTANCE OF 65.29 FEET TO THE TRUE POINT OF BEGINNING;
THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE AND THE SOUTHERLY BOUNDARY OF SAID "PARCEL OF LAND"
CONTINUED ON SHEET 2.
SHEET 1 OF 2
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City Council Meeting Packet for August 6, 2024
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
FIRE WATER LINE EASEMENT
LEGAL DESCRIPTION CONTINUED ...
TOGETHER WITH, A STRIP OF LAND 7.33 FEET IN WIDTH AND LYING 3.665 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'A' S00°
21'19"E A DISTANCE 14.50 FEET TO THE POINT OF TERMINATION OF THIS 7.33 FOOT WIDE STRIP OF LAND.
ALSO TOGETHER WITH, A STRIP OF LAND 15 FEET IN WIDTH AND LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'B' S88°
48'56"E A DISTANCE OF 23.00 FEET TO THE POINT OF TERMINATION OF THIS 15 FOOT WIDE STRIP OF LAND.
ALSO TOGETHER WITH, A STRIP OF LAND 15 FEET IN WIDTH AND LYING 7.5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'C' S80°
22'24"E A DISTANCE OF 40.95 FEET TO THE POINT OF TERMINATION OF THIS 15 FOOT WIDE STRIP OF LAND. THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE EASTERLY LINE OF SAID "PARCEL OF LAND"; ALSO TOGETHER WITH, A STRIP OF LAND 15 FEET IN WIDTH AND LYING 7.5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'D' N88°
48'56"W A DISTANCE OF 22.93 FEET TO THE POINT OF TERMINATION OF THIS 15 FOOT WIDE STRIP OF LAND;
ALSO TOGETHER WITH, A STRIP OF LAND 6 FEET IN WIDTH AND LYING 3 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'E' N62°
18'39"W A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINATION OF THIS 6 FOOT WIDE STRIP OF LAND;
ALSO TOGETHER WITH, A STRIP OF LAND 15 FEET IN WIDTH AND LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT lf' S6°
18'39"E A DISTANCE OF 27.21 FEET TO THE POINT OF TERMINATION OF THIS 15 FOOT WIDE STRIP OF LAND.
CONTAINING 19,748.91 SQUARE FEET MORE OR LESS.
ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR
UNDER MY DIRECTION ON: 02/21/2023
2/22/2023
EXP. 03-31-23
SHEET 2 OF 2
Agenda Item Number 5
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City Council Meeting Packet for August 6, 2024
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w
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BODEGA
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9 0 Cl
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
FIRE WATER LINE EASEMENT
LEGEND
-- PARCEL BOUNDARY/ STREET RIGHT OF WAY --- CENTERLINE
.SITE
:::::=zz:z='.°':::::�:?� EASEMENT BOUNDARY-AREA= 19,748.91 SF P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
POINT 'A' POINT OF REFERENCE
<
�
VICINITY MAP
N.T.S.
AV£.
LELAND ST
i
POINT'E'
LANDS OF SEBASTOPOL
PACIFIC ASSOCIATES
GRANT DEED 2021-131844 &
GRANT DEED 2021-131845
O.R.
POINT'S'
N89"38'41"E 482.63' -
� l--'11.....--+- ;::--====;--\
T.P.O.B. - N89"38'41"E --�
BODEGA AVENUE Cl __J
8 BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS PLAT IS THE CALIFORNIA
COORDINATE SYSTEM, ZONE 2, NAD 83, EPOCH 2011.00 AS
DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS
GLOBAL POSITIONING SYSTEMS (CGPS) STATION CASR AND
STATION HOPB; BEING NORTH 24 °
16'15" WEST AS DERIVED
FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA
SPATIAL REFERENCE CENTER (CSRC).
80 GRAPHIC SCALE
0 80
( IN FEET)
160
1" = 80' SHEET 1 OF 2
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024
L#
L1
L2
L3
L4
LS
LG
L7
LS
L9
L10
L11
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
FIRE WATER LINE EASEMENT
LINE DATA LINE DATA
BEARING DISTANCE L# BEARING DISTANCE
N00'21 '19"W 65.29' L12 N01'11'04"E 4.48'
N27'41'21"E 41.03' L13 N43'48'56"W 52.86'
N89'38'41 "E 150.53' L14 N83'29'17"W 154. 58'
soo·21 '19"E 14.50' L15 S62°
06'02''W 25.17'
N89'38'41"E 203.98' L16 S27'41'21''W 51.32'
N01 '11 '04"E 49.10' L17 S72'41'21"W 2.83'
S88'48'56"E 23.00' L18 S27'41'21"W 20.00'
N01 '11 '04"E 160.26' L19 N62'18'39"W 12.00'
S80'22'24"E 40.95' L20 S27'41'21"W 168.96'
N01'11'04"E 15.59' L21 S62'18'39"E 27.21'
N88'48'56"W 22.93' L22 S27'41'21"W 69.88'
SHEET 2 OF 2
Agenda Item Number 5
Agenda Item Number 5
City Council Meeting Packet for August 6, 2024