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HomeMy WebLinkAboutResolutions 89-333 N.C.S. 11/06/1989+`; F$esolution No. 89-333 NC.S. ~. ~ r of the City of Petaluma, California 1 APPROVAL OF AMENDMENT TO MARCH 26, 1985, AGREEMENT WITH 2 SONOMA COUNTY AND ACCEPTANCE OF QUIT CLAIM .DEED 3 RELATING TO THE FORMER SHOLLENBERGER RIVER PARK 4 WHEREAS, on July 26, 1961, the State of California granted to Sonoma 5 County 32.164 acres of land ("Property") recorded on October 24, 1961, Book 1852, 6 Page 932, Sonoma County Records; and, 7 WHEREAS, on September 27, 1965, the County granted 4.487 acres of said 8 Property ("Flood Property") to the Sonoma County Flood Control and Water 9 Conservation District (Assessors Parcel 005-060-35) recorded October 5, 1965, in i o Book 2160, Page 562, Sonoma County Records; and, 11 WHEREAS, on May 28, 1968, the County granted to the City of Petaluma 12 9.669 acres of said Property ("City Property") (Assessors Parcel 005-060-28), 13 recorded on May 31, 1968, in Book 2333, Page 819, Sonoma County Records; and, 14 WHEREAS, on December 16, 1968, the County granted to William R. 15 Hilligoss and Walter C. Roche 1.548 acres of said Property ("Lakeville Property"), 16 recorded on December 17, 1968, in Book 2368, Page 532, Sonoma County Records; 17 and, 18 WHEREAS, on January 3, 1977, the County purported to grant to the City 19 of Petaluma the "Property" in its entirety conditioning said land for public park uses 2 0 ("Park Dedication Property"), recorded in Book 3351, Page 527 Sonoma County 2 ~ Records and, 2 2 WHEREAS, the City and the County believed the January 3, 1977, deed 2 3 granted fee title to the 32.164 acre "Property" but title search has revealed the 2 4 January 3, 1977, deed granted title to only 16.46 acres "Park Dedication Property", 2 5 since: 2 6 WHEREAS, the State Lands Commission of the State of California claims 2 7 ownership of approximately 2.804 acres of the "Park Dedication Property" due to the 2 g historic course of the Petaluma River and its sloughs (which claim was ultimately 2 9 settled pursuant to the Compromise Title Settlement Agreement between the City 3 o and the California State Lands Commission recorded on March 22, 1988, as 31 Document 88-022143, Sonoma County Records); so the County's fee title ownership ~z~•5. n~.....8.g.- 3.3.3.... v.cs. J ,. 1 to the "Park Dedication Property" at the time of its January 3, 1977, conveyance to 2 the City may have covered no more than 13.656 acres; and 3 WHEREAS, the County and the City entered into an agreement 4 ("Agreement") on March 26, 1985, Document 85-023004 Sonoma County Records 5 approved by the City Council Resolution 85-76 NCS adopted March 18, 1985, and 5 approved by Board of Supervisors Resolution 85-579 which "Agreement" modified 7 the .1977 deed restriction on the 13.65 acre Park Dedication Property from "park s purposes" to "public purposes"; and, g WHEREAS, pursuant to Government Code Section 25550.7, the City 1 o agreed to develop and maintain in perpetuity replacement property as a public park; 11 and, 12 WHEREAS, at the time of entering into the Agreement, the Regional 13 Parks Department had reviewed the replacement property site and had determined 14 that the replacement property was of substantially the same value as the property 15 thought to be covered by the park restriction "Park Dedication Property" ;and, 16 WHEREAS, the City and the County were both operating under a mutual 17 mistake of fact as to the County's ownership interest in the Park Dedication 18 Property; the City and the County at that time both believing the County's 19 ownership interest in the Park Dedication Property being approximately 32.164 2 o acres, but the County's ownership interest in the Park Dedication Property was no 21 greater than approximately 16.46 acres and may have covered no more than 13.656 2 2 acres; and, 2 3 WHEREAS, the size of the replacement property dedicated in perpetuity to 2 4 park purposes is approximately 50 acres; and, 2 5 WHEREAS, the County and the City now realize that the City has provided 2 6 more consideration for the Agreement than originally intended; and, 27 WHEREAS, the City has submitted an Amendment to and which 2 s Amendment has been approved by the Sonoma County Board of Supervisors, a copy 2 9 of which is attached hereto as Exhibit A, which modifies the terms of the Agreement 3 o and the County quit claims to the City all of the County's right, title and interest in 31 and to the Park Dedication Property; and, ... ,'.... 1 THEREFORE BE IT RESOLVED, by the City Council of the City of 2 Petaluma that the City Manager of the City of Petaluma is hereby authorized to 3 execute any and all documents in connection with the Quit Claim deed from the 4 County of Sonoma of all the County's right, title and interest in and to the Park 5 Dedication Property including, but not limited to, the November, 1989, Amendment 6 and Certificate of Acceptance of the Quit Claim Deed. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the s to Council of the City of Petaluma at a (Regular) (~>~@ci~;~`~Ieo[8d) meeting form on the ....6th............ day of ..............November................., 19..8., by the following vote: ..... .. ..-•--.-• .................. Attorney AYES: Te~nc/er, NOES: .~7 Woolsey,Balshaw, Davis, Vice Mayor Sobel, Mayo~'~rYilligoss ABSENT: Ca an ATTEST : ................ . Ci- Clerk CA 10-85 ~~~ May -- Council File....~7..rt.:.- y -.- . . Res. No. ..........~.rt y ~.C.S. X109 I13 ~-~,yl:~~ AMENDhIENT S+ THIS YAMENDMENT (the "Amendment") is entered into this ~_ day of ~L+.c 1989 by and between the County of Sonoma, a-political subdivision of the State of California (the ".County") and the City of Petaluma, a municipal corporation (,the "City") R E C I T A L ~: facts: This Amendment is made with reference to arse following A. By Director's Deed dated July 26, 1961, recorded October.24, 1961, in Book 1852,-Page 93'2, Official Records of Sonoma Country, the State of Calforria granted to the County certain real property described ~tYierein which comprised appro,mately 3:2`..164 acres of land (hereinafter referred to as the "Enaire Property"). B.. By Deed dated September 27, 196'5, recorded October 5, 1965; in' .Book 2160, P°age 562, Official Records of Sonoma•Count,y, t-he Co:unt.y granted to the Sonoma County Flood Control.arid Water Con~serva.tion District 3 portion of ahe Entire Property more particularly described therein which comprised appro::mately 4.4`8:7' .acres • of land, also known• as "Assessor' s Parcel: No. 005-060-35 (hereinafter referred to as the "Flood Control Property") . ' C. By Quitclaim. Deed dated May 28, 1968, recorded .Nay 3.1, 1.968, in Book, '2333, Page 8.19, Official Records of Sonoma County, the County granted, for good and valuable cons,ideraaion, to :t,h:e Cray a portion, of the Entire Property •more•par•ticularly described therein which comprised appro:ma' ely 9.66°9 acres• of hand, also known as Assessor' s Pa•r.c.el No. 005-069-28; {hereinafter refe-reed to- as the "City Property") D.~.-&y.Deed~ dated December 16, 1968, recorded Dec'embe~r:, 17, 19.68., in Book 2368, 'Pag'e -532,. .Official Records of Sonoma Cou-nty,~ the County 'granted t.o Waliam R;. "HilLgoss. and Walter C',, R_och;e a.porton o:fthe Entire Property°more: particularly descrrbed• therein which"comp~rosed approximately 1':548 arcres o~f land {hereinafter referred to as the "Lakeville P~rope;rty") . E. By Deed dated January .~ _, . 3351, P'a'+ge 527, ~Offe;ial Records of refe;r.r=ed 'to as the. "1.977 Deed") th? to the ,C',ity •t`he Entire Property with the u s:e` t°o p,ub l c :park uses . 3, 1977,. recorded in Book Sonoma County (hereinafter. County purported r_o grant a provision restricting -1- _'F. The City. and the County mistakenly`believed that the°19:77~,Dee:d granted fee title to the Entire Property ' comp'rise'd,~o:f approximately 32,1.64 acres of Ian.d ,when in reality the 1977 Deed,granted title to only appro~ma_tely 16.46 acre o.f la•nd~~ (whic`h.p;ro:pe;=rt.y is more particularly described in Exhibit ~"•A" attaohed•.:hereto and incorporated herein and is herinaf't.er referred to as the "Parke Dedcat:on~Propert°y"} since the. County had previously conveyed to other parties the Flood Control Property, the~~City Property. and the. Lakeville Property. G. T:he State of California; acting by and through the California-State Lands Commission ("SL.C"). claimed ownership to appro::imately 2•.804 acres of t`he Park Dedications Proper"ty due to the historic. course of the Petaluma River and its sloughs (which claim was ultimately sett ed pursuant. to that certain Compromise Title Settlement Agreement b'etween~the City and SL'C recorded March 22, 1988, as Document No. 88-022143, Official Reco'~rds of Sonoma.C,ounty) such t-hat the County's fee title ownership to, ,t°he Park Dedication •Pr.o.perty at the time of its conveyance! to~ the •Cty pursuant t.o the. 1977 Deed may .have covered no more than. 13.656 acres of land. . H,., The County and the City entered in o that certain Agre:eme.nt .(the •"Agreement") da•t.ed March 26,; 1955. recorded as Document N:o. ~85,-02'30`09;' Official Records o'f Sonoma County, pursuant t.o~Res.olutd,n No. 85-579`~of the Board of Supervisors of• Sono.ina Cou~mty whereby th'e County. modified the 1977 Deed restriction which required the •P'a•rk Dedication Property to be used only,for park purposes to one which required the Park Dedication Pro:per:ty tb be used o`nl.y for public purposes. I. Pursuant .to Government Code section 25550.7, the City agreed to .develop and maintain in. perpetuity replacement property as a public .park {hereinafter referred to as th.e "Replaceme,n Property"•). • ~ J. At th•e time of en e.r`ng into the Agreement the . Re,g'onaa; ;P:arks Department had reviewed .the Replacement ~Prope-rty ;.-., arid. 2ha~d determined that tine 'Replacement Property wa's qf• substari,ti•all;y~ tYie. same value. as the property thought 'to be cover:ed•.by the park restriction, i,.e. the Entire Property.'. ` K;' The City and the County were both operating under a, mutua'1,. misttake of fact as r_o the County's ownership interest in th°e ~Par:k ~Dedcat;ion Pr:o.perty; the City anal the County at .. that time, bo;th.~ believing the County' s ownership in crest in .the - Park, D:ed'`ication Property being appro:cimately 32 . 164 .~aores, • but the;, Co.u-nay's ownership interest in the Park. Dedication Frope`rty was ac"t'u'ally no :greate-r than appro:;imately 16.46,.. acres, and may have been no.: ,gr<eater than 13.656 acres . - .. -2- • L:. The Replacemen"t'Property~s comprised of apprb mate y. 50 acres and is more particularly described in the Agx:eement; M. 'The~par ies hereto a,ckn.ow.ledge that~due to this ._ mutual mistake, th,e~ terms o>f the Agreement should be modified to c`lar,fy their interests; resp'gn.sib,~ht.es, and remedies . ACCORDINGLY; the parties-hereto agree as follows: 1. The .parties agre.e:that due to a mutual mistake of fact the 'park purpose restriction' contained in tl"ie 1977 Deed cove~re.d only the Park Dedication Pro:pe.r,ty and such restrictu.ion did not. :in any way of-feet ,any portion o,f the Entire Property other than the Park Dedicat.:ion'Proper-ty. 2. Tfie parties agree that,,, due .tc~ this mutual mistake of fact, t°hey.mayhave rights to. rescind the Agreement which would, if litigated; result~~in significant legal and other expenses . -I~n: lieu of;.-`e~erci~se of any such rights, and in consideration fore~re ease o`f all~such rights., the parties agree to amend 'the A.g•r'eement as provided for here~i"n . The parties hereby find that the"r mutual release of any claims for recision of the. Agreement independent.l.y constitutes adequate consideration :for this~Amendment. 3; The County hereby finds that its interest in the Park Dedication Property is n:ot required for County use. In consideration "of 'tl;e City's agreement to devote approximately 50 acres of land; the-Replacement Pro:p:ert.y; to park purposes, the County, pur uan`t to California Government`Code section 25365; hereby remises, r-eleases and forever quitc`la>ims any and all righ ; title~and~-"interest in anal to the Park. Dedication Property to the City including w.it`hout l~im.tation any power of aermina:tion., reversena`ry:.interest or other interest which it may have; concerning the use of the Park Dedication Property for public purposes. 4.~, The parr-t`es hereby agree that the Replacement Pro,:per,,ty is of~`a!ubstantially more: value~~ than the Bark ,D'ed~caton : P,ro.psray Accordingly, the parties agree that the difference in the.va-line of..the Replacement Property and t'he Park D,ed=cation ~ Pro.perty and the res~ultan_t lessen°ing of the burden~o;ri~the County's park system cons.titu'tes adequate .consideration f;,or this .Amendment and for the"transfer described in. Paragraph 3 aboge. Thee parties further `agre'e that the remainin-g va' ue .o-f' the Park Dedication Property a~rnd_ the :Replacement ~Progerty are of substantially"equal value which constitutes adequate consideration for the Agreement as hereby amended'.." -3- 5,. The Country-hereby acknowledges that the marina :. develo.pm~ent`las.commenced and, therefore, that Paragraph 5 of the Agre:eine'ht, is satisfied and tYat the City is no longer under any obligation to. continue the use of Sh~ollenberger River Park. 6. The parties hereby amend Paragraph 4. of the Agreemen-t to read as shown in Exhibit""B", attached hereto and incor.p,orated:herei-n by this reference. t - 7. The .County further agrees that. in the event that the. City sYould fat in any way to abide by the terms of the Agreement, tYiat .the. County's rights a,nd remedies shall affect the Rep .ac.ement Property only and shalh have no effect whatsoe-ver on th.e Park Dedication Property. . -~ 8. E:crept as e::pressly provided .for herein, the pantie agree that al other .terms and conditions of the Agreement sha1T` remain unchanged and in full force and effect. 9. The terms; covenants.and: conditions of this Amendment shall bind the successors .;and assigns of the parties hereto . I0. This' Amendment shall be recorded in the Official Records o:f -'Sonoma ,Couhty : , TN•W.ITNESS WHEREOF, the parties hereto have executed this Amendment on t`~he date and, year firs ,above written. ATTEST: ~ COUNTY OF SONOMA, a political- - - subdivision of the State of _ California ~: ,~ ~ 1 1 j Clerk of .the Board Superv~is r~y,~~, ATTEST : B'y :. 'rwoman, ~. l ,- . _ -. `-~ '" APPROVED County C,Ierk - Co ty Counsel Board' of Supervisors -4- /i ~ / ' ~ `Ci ,y F'imance%Aud' or ATTEST: -- . / ~. a ricia E. Berna`r 'Ci y Clerk -S- CITY O.F PETALUMA•, a municipal corporation E::HIDIT ~1 • RE'I-11.[2N 'C,O: NO TA!( STATEMENT ' City of F~t.ilcim~ cjo City Clerk, Ci.,ty hall 1'etaa_uma, C~.1'i:f.ornia QUITCLAIM DEED '1'JIE COUNT't OF SONOMA, a political subdivision of . the St~tc of. :California, hereby quitclaims, to the CITY OF pETI,LIJMA, Ca•liforni~; a municipal. corporation, a'll of the right, title and interest of the County of Sonoma in and to the fol..lowirlq described real property situated in the City nC ['e_ta.luma,; Cocmty of Sonoma, State o"E California: n11 Chit real p'roperCy situate in the City of f'r_CalUma, County of Sonoma, SCnte of Cal.i[ornia, described as [allows: ~ ['Olt+t'lON of Chc p.iiccl of land., described in ncr_d No.. 9707 rand all of•t:hc pnrccl of lend descr'ibcd in deed No. 1T660, both to E'hc 5knCc o.E° Cali[brnia, recorded .Februar>y 19, .19.53 and J+.~nunry 27, •11956 and recorded,'iri Dooks 110;9 and 1-0'10 of O[Licial tYccoY.d~:, j~,i'ges 30.5 and 451, Sonoma CouriC-y~ Records, .and being a " rorCion of Lhr ['rtaluma-'Ranch in Townships 4 pnd 5~ .North, Ranye 7 'west., M. D. n:6 M:, described as tolTows: (.OF1h1[aIGiNG at 1:'hr r..,sl:erly C-crminus of I_hat cuirvc w;i.l:h nn ,ire ]cn,ptli o'f 705..7 f.e.ct as described .in, that-' raced C'o NarChw,r•.sir.rn , ['aci;[ic li,i.ilYOad 'Goinpany,' a codp.ocal•ion, recorded OcCOLcr 24, L916; in Oook 34.5of`Deeds, page 2Gti',.Sonorna~Count'y Record^, said c;~stcrly. tcr,minus .~lyinq on C•hc souther'l'y line of t1ic Northwcst•ern Picific~,Railway right of way; thence trofn a tangent that bears North 7G" .5.9' 1'2" wcet; along s'a'id curve. to C•hc .leC.l• wiCh .~ radius-of,J.52.20~ feet, through an any le of 129° 42'., an arc lcncjCti of"184',.90 feet Lo the norbheasCCrly line of Chc " tJOrlhwcstcrn i',ac'i:•fic Railway 'r:iyht'of way; ,tltencr .na~ng said nor:;lhcisterl;y line South 24° 41'.12" East, 1008,9=1•.Ecet, South B.Z° 52' 12" Trst,, 0J.30 £cct and South 7° 07' 413" west, 3:0..00 feet Co t.hc .t~or~Elicrly: ,bank of Petaluma Creek'; Chenee- Tong ,said norChcr;:ly btvtl;, Nor'lh 06° 24' 1B" East, 136.00 .feet •a,n8 Squl'h .68° 37' 42" F..tst, I:JS.00 feat; thence; lgaving ..^.a id ,northerly bank and running in a ycraral northrrly,d:iract..ion Norl'.h 50° -52' 17" Fast, 421.64 fart, North G7° 44'' 27"' F,ast., 100.4 Cret'.; .North 54° 52' 5.2" Fast, 'i~l2~:34 Ccct,, North 7° 10' 1:0" East„ 10.6`5- feet, North f.T° 0G' [6^ Wr•sa:, 2Afl`:4,9 feet, Nor Ch. 9° 07' 21" G!c'st.,. 127, 3.9 fret rand North 10'° 09' 03" 'f;ast, 560.70 fcc,l to Ni'rst "mentioned ' southerly right off, way line;, thence along card southerly line• North 7G° 59" 1.'" tlc.^,,t, 7.84.89 fret to' the po'int_ of commencement. riXQta"f LNG 'I'III;IIF,FItOM ill that ce[tnin real propcr:y siCunI:c, l:yinq and Ucing'.t'n tare County of Sonoma, Static 'o"[':California, being .. mo,rc•~~arti~cnlarly described as -follows: GnMFit:IJC1NC ,i,t Chc, ensh.erTy terminus of :I:hat curve .wiCh an ~;cc - lcny;flt of .785.,9 feet', as described in Chat Dced L•o: "NOrlhwes c,i•n _ - ~.i'ac`i'Cic Rs-ilroad Company, a corporation, recorded October 24r 191 G„ in.ttook 34.5 o,f 'Deeds, page 266, Sonoma County Records, said ' cast:erly licrrrii"nus lying .on l•hc sorL•hcray .line oC Ch¢ Nort:liwestcrn i'acYi~c R~,;wpy right of way,; thence South on a tangent I;hat bca'r .Soiitli 7b° 59' 12" East, 7fl4.',09''fcet to C•lic ,tt'uc rbinl' of bcyinnimq o'f C•hc hcresi.n'descri:bed'prcel; t:henec [.ram l•hc I:ruc y point; of ~cgtnn'iny,, South LO" 09' 03" Wc's't, 560.70 Cecl•; .t;hcncc _ Sottlh 9° 0,7'' 21" ~FSst, 127.39 feet; then,cc ~~uth G.1° OG' 16" t?~st, 7.4©. 47 Ceet; thence South T° 18' 1A" went, 130.65 Ccct; t•hcncc South 54° 52' S2" west, 142:]4 Icet; tlicncc South.'.G7'° 44' b7"• west, •100:~4 feet; thence. Soiil•h 5,0° 52' 17" west, 4-04. f,4 Ccc,E; tlicncc~North 42" 37' S9" Wesa, 370.00 feet;. thence North JO° :57. 4"8," E.rst, 1209.55 feet; thence 'South 7G° 59' 12"~ F.~,sf, `30.00 'fedt Co the true point of beginning. AL:;O i:xCF:['TING Lhat C+ortion of land described as Col lows: 1lhiCINN1NG at the southerly terminus of that curve with hn :1rc le,nglh of 7Q~._98` Cect ns described in DirecCor's~Decd No. 9.7A9 of ' the ~t~l'e :of California, Dcparlmcnt of Public 1Vot'ks., recor.iled in nook'a'.109 of Official (records, page 305, Sonoma County Records; thence SouC'h 24° 4,1' 12" Faat, 1008'.91 Ccet; L•lience South. E12'° 57' ,12" East, 81-. 30 .leer; thence South 7° -07' 4©"' Ndst, 30r.OQ Cec't; • t1YCnce North OG°'~24' 10" EasE, 1)6.00 feet; thence South G5° 37' 4'2" F.ast,. 17.5.00 fer_t-; thence North 50' S2' 17".East, 17.00-Ceet; l•h"r-ncc North ~2° '37.` 59" West, 415.99 Ccet-;;:•hencc Norl•hwestcrly along a tangent curve to the right having a radius o'f 145.0.0 ..•.fcet, through. an,anglc of 17° 56' 47", a distance of. 15.42 Ceet; t•hencc North 7.!I;" 41' 12" Wcst, G76`.54 feet; thence Northwesterly ;~ ony•a, tangcart curve to Lhe 1cYt' having p cadigs of 255,00 Ccet, through ,in~;hglc ~!f tl° 1G'~ 4`7"',, a distance of 3G.fi5.•Ccc"t; h.hcncc North 32° 57' S'9" Nc.'t, 214. 09.Cec't;, thence Northwesterly along a t~ngr_na 'curvg to thr right 1laving .a''radi~rs of 14'5". 00 [cet, lhrou~h nn ,inglc o,C 0° '16' 47", a dis,tancc oE. 7.0.95 C-ccr-; thr.nce . 7torth 24° 41' 12" -West, 66,.70 feet to :~ non-,t'nnc~ent .inlciocction with the a,Cbrc~aid curve described i.n=.,aid.R;irecEor.'s Deed; .thence Sou,t'herly.a'long said curve with a radius of ]52.20 Ceet, through a'n angle of 46° 3;J' 1`2:", a disEance, of 286.17 Cect to the point of beginn.inq. f)ted: 1989. COUNTY OF SONOMA, a political subdivision of'State of California • py:. JhNE,T N`IC1IOhhS; Chai'rwoinan o`f the Boaa-d^of Supeirvisors, County of Sonoma ' STICTE OF CJILIFORNIA COUNTY OF SONOMII ) x Di this _~3ay of 1989, be Core me person ally ,appeased. JAlJET NICNOL/1S, known to me to: be 'the: Chairwoman of the Board; of Supervisors of the County oC Sonoma, Ca.li['ornia.,•~,nd known to 'me t'g be the person. who cxeccited the w;i: 'fiin instrument on Behalf of said public corporation, agency or politica'1 subdivision; and acknowledged to me tFiat such political subdivision exeeuted~the same..:. ` Notary Publsc; State of California CERTIFICATE OF ACCEPTANCE '.Chi=s ia, to certify that the obligations and interest in real Property cohve.yed by the Qu~itclai-m Deed 'from the•County of S,o,noma~to the~CiEq o'f`Petiiuma, a California municipal corporation, ?s Hereby acce,PCed by the unders.i.gned officer•on behalf of the "Council pursuant to ~uthority'conEerred by resolution of the Counc,-i1 adopted on 1989 and the City 'of Petaluma consents to record'a.tion thereof by its duly authori'ied o.ff:icer. , Dated 1989 City Manager AFTER RECORDING MAIL TO:~ City Clerk City o:f' Peta'luma , City Hall. ` Petaluma, Californ.ii , . °4. City further agree~s.,to develop and maintain in . - perpetuity appro~:'ma;tely 50 a;cr.es -of said "dredging spoils site"~~as depicted on Exhibit "B" eYClusively for public park -purpose The `improvements to take place on said property shall' be in accordance with tYie~foll.owing schedule: A. .Vehicl;e access to -the ..dredging spoils site and .park .development of the dredging spoils site shall commence no later than Jul:y.1-; 1991 and shall be completed no later than March 2°6, .1995. In:tal~ improvements~'~sh`all include a paved . acres-s~ roa;d, ~gr;ave~l parking lot:, ~porta>ble restrooms, and. public fis"hng. areas along thePetaluma River, 'to include tables, benches.•a~n'd trees. In addition, hi-king and pedestrian trails will be, constructed; said trai-l.area t:o include appro::imately 18 acres o;f land. ~~~B. An additional. 32 acres of flat and relatively well ~~drained land of the dredging spoils site shall be designated fo:.r park. development no later than March 26, 1995. C . : B;y =March 2 6, 1.99.5.., there shall be : an eYtens_io,n of water,,~sewer, electrical and telephone services off of ,Ca-der :Lane to a paved par'ki~ng lot., permanent r•estroom build'n.g- with four fi:aures at a minimum, ,arid development of a one-acre ~ninimum picnic area 'wit`h 1'a,wn and trees .