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HomeMy WebLinkAboutResolutions 87-270 N.C.S. 09/08/1987~,. ~- I~eSOlut10~1 No. 87-ago NC.S. of the City of Petaluma, California RESOLUTION APPROVING A COMPROMISE TITLE SETTLEMENT AGREEMENT AND RELATED DOCUMENTS WITH THE STATE OF CALIFORNIA FOR THE DEVELOPMENT OF A MARINA, BOAT LAUNCHING FACILITY AND OFFICE/HOTEL COMPLEX AT THE FORMER SHOLLENBERGER PARK WHEREAS, the City of Petaluma is desirous of developing a marina and boat launching facility at the former Shollenberger Park to meet the needs of boaters and to provide public access to the water; and WHEREAS, the State of California, acting by and through the State Lands Commission (herein referred to as the "State") , has claimed ownership of certain portions of said lands; and, WHEREAS, the City and the State, after lengthy negotiations, have reached an agreement for resolution. of their conflicting claims to said lands; NOW, THEREFORE, BE IT RESOLVED that the City Council by adoption of this Resolution hereby approves; A. The Compromise Title Settlement Agreement attached hereto as Exhibit "A" and incorporated herein; and B. .The Quitclaim Deed to State attached hereto as Exhibit "B" and incorporated herein; and ~3~~~~~ ~~~~ Res. No... 8.7. .2.7. o...... N.C.S. C. The Grant of Easement to State attached .hereto as Exhibit "C" and incorporated herein; and D. The Joint Escrow Instructions to Northwestern Title Security Company attached hereto as Exhibit "D" and incorporated herein . BE IT FURTHER RESOLVED that the City of Petaluma agrees to accept the grant of property from the State pursuant to the State Patent attached hereto as Exhibit "E" and incorporated herein and hereby authorizes the City Manager to sign the hereinabove referenced Compromise Title Settlement Agreement, Quitclaim Deed to State Grant of Easement to State and Joint Escrow Instructions and to accept the grant of property from the State pursuant to the hereinabove referenced State Patent. 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 Council of the City of Petaluma at a (Regular) i~~~i~l) meeting on the ..-----8-~------.... day of .............E~Pi;~Iri~~~................-., 19-.8.7.., by the following vote: AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: p ABSENT: Q ATTEST : ... ~~~~~~.a~%A"/ ... ... ............. .............. City Clerk /~ (~ yy yy CA 10-85 ti ~~ ~j ~jY,1J ';.~ ~, '- f~ Mayor ' ~ n Gbuncil File-pp-° ...................°--....... `.' .. ~G Hes. No. ....... V.Z.-. 2.. /..0. N.C.S. ~~ 1 2 13 4 5 s s s to 11 12 13 14 15 is 17 18 19 20 21 22 23, 24 25 26 27- 2 8~ 29 30 31 32 33 3'4 35 36 .COURT PAPER STATE OF CALIFORNIA STO.. ital. .IREV. 3-821 2S 6'L -7S0 82 _ ~°~~P'~ Recorded at he request of State of California 'State :Lands Commission :WHEN RECORDED mail to: State Lands Commission 1807 -13th Street Sacramento, CA 9,5`814. Attention: .Rick Okikawa STATE OF'CALIFORNIA~ OFFICIAL BUSINESS: Document entitled to free recordation pursuant to Governitient Code Section 27383 RO:bk SLC No. W 2''3761; AD City of Petaluma, NO TAX DUE Above space for,Recor:der's use COMPROMISE TITLE SETThEMENT AGREEMENT INTRODUCTION The parties to this Compromise Title Settlement Agreement are. the State of Calforniay.. acting by and through the State Lands Commission (herein referred. to as the "State") and the City of Petaluma (.herein referred to as the "City"). RECITALS, A. Thus Agreement concerns four parcels of real property in the City of Petaluma, Sonoma County,: State of Califor-nia, referred to throughout. this Agreement as .Parcels 1, 2,- 3,~and 4, described in Exhibit "A", and depicted on Exhibit 11B!'; Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. B. Upon its admission to the United States of America on 5eptemb'er 9', 1850, the State, by virtue of its sovereignty, received` n_ truest for the purposes of commerce, navigation, and fi'sheres,.~all right, title, and interest in previously ungranted tidelands and submerged lands within its boundaries. ;;'. 3 270NCS ~,;~~~~° 5 ~~ ~~ i lJ ~~ COURT PAPER STATE OF CALIFORNIA STD. 773':. (REV. 3-82) z52ez-~sn ~~-az I UOM G~'~M~ D OSP C. Pursuant to the provisions of Division 6. of the Public Resources Code,, including Sections 621:6' an`d 630.1, the State Lands Commission is vested with all jurisdiction and authority as to Iungranted tidelands and submerged wands held by•the State in trust for the benefit of all~the people of the State. D. The State ~ owns. Parcels 1. and 2 in fee simple. subj-ect to the public trust,. There ~is no dispute between the parties hereto. regarding the State's title to Parcels 1 and 2. E. The City is the current. record owner of Parcels 3 and.4 that were included in lands conveyed to the City by that deed recorded Oct. 24,, 1.961. in Book 1.85.2, pages 932-935' of the Official. Records of the~County Recorder of Sonoma County. F. All, or a portion of Parcels 3 and 4 are within Tideland Survey No. 20 pat`ented' to Daniel White by the State of California on July 2:0, 18'7"0. . -Some portion of Parcel 4 may have been within Rancho Petaluma. G. The State contends that Parcels 3 and 4, in whole or in part, at tYie time of the admission, of the State of California-into the Union, and in its natural condition. thereafter, lay waterward of the mean. high tide line, and was traversed by sloughs of the Petaluma Rivera The State further-contends that, as lands of the .legal, character of:tidelands and submerged lands, Parcels 3 and 4 are subject to a public trust ownership, consisting of a fee or an easement, or both, for. water related commerce, navigation, fisheries; recreation, open space, and other recognized public trust purposes. H.. The City contends that as successors in interest to the patentee -o;f Tideland Sale No. 20, which consisted of swamp ;and overf ow lands sold as tidelands, it .has' all right, title and interest in Parcels 3 and 4 without any reservations to the State, expressed or implied, and that it now Molds title free and clear of any State right, title,. or interest. • I. Parcels 1,•'2','3, and 4 have. been filled and reclaimed. Parcels 1 and 4 are. removed from and. are .not adjacent to the public channel and. are no longer available or useful or•reasonably usceptble of use or required .for public trust purposes. The 1 2 3 4 5 s 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3T 32 33~ 34 35 36 . 2 o a t s ~ZtHI~b'T A ~:. ~ ` 4 .~ COURT PAPER STATE OF CALIFORNIA STD. t 73'.•: {REV. 3-821 SL62-7S0 32 IOOM C~ ~ D ~~~P, ~ ~~~. ~ '~ City proposes to remove fill .from Parcels 2 and 3 for purposes of developing a marina and related facilities on those parcels which are `adjacent to the current bed of the Petaluma River. J. There is a bona fide dispute between the State and the City as to the existence, extent, nature and location of their respective sights, titles, and interests in Parcels 3 and 4. K. A resolution of the parties' rights, titles, and interests in Parcels 3 and 4 would require costly, protracted, and vigorously disputed litigation with uncertain results if the controversy. could not be resolved by settlement. L. The parties hereto consider it expedient and necessary and in the best interests of the State, 'the City, and the public to resolve this title dispute by compromise settlement, thereby avoiding the anticipated .substantial costs, time requirements, and uncertainties of litigation. M. In the interest of settlement, the State and. the City have conducted independent studies and evaluations of the title evidence, the principles of law and the merits of the State's and City's legal positions. Based upon its studies, the State has concluded that the value of the City's' interest in Parcel 3 is equal to or .greater than the. value of, the State's interest in Parcels 1 and 4. N. .The State is authorizeel by Division 6 of the Public Resources Code, including Section 6307 thereof, to exchange lands whenever it appears to the Commission to be in the .best interest of the. State for the improvement of navigation or to enhance the configu-ration of the shoreline for the improvement of the water and upland, if the exchange will not substantially interfere with the rights of navigation and fishing in the waters involved. O.. 'The parties hereto have,, after lengthy negotiat-ions, reached an Agreement for the resolution of their conflicting claims' ri Parcels 3 and 4. In general., this Agreement provides that:: 1) The City conveys all of its right, title, and interest in Parcel 3 to the State, resulting in a State ownership -of .Parcels 2 and 3, consisting of a long parcel adjacent to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 3. 34 3 5'~ 3 6' 3 ... 5 1 2 3 4 5 s 7 s 9 to 11 12 13 14 15 16 17 18 is 20 21 22 23 2.4 25 26 27 28 29 30 31 32 33 34 35 .36 COURT PAPER STATE OF CALIFORNIA STD. 7 1 3 l'~ IREV.. 3-82) 25262-ISO 33~82 I Oi)M G'~.t.1 V.0 OSP Petaluma River; that provides: greater public access along the r- ive-r front . 2) The City will gr--a;nt to the State a non-exclusive easement for public access to Parce s 2 and 3. 3) In exchange for th.e above, the.State will convey to the city all its right;° title, and interest. in Parcels 1 and 4, and will terminate the public trust interest on both of these parcels. 4) The State will lease Par=,eels 2 and 3 to the City for development o`f a marina and related facilities, on terms and conditions to be negotiated by the parties. 5) The Agreement provides for an escrow and will be effective upon.. its ,recordation. Escrow fees and any title insurance will be without cost to the State. AGREEMENT In consideration of the foregoing recitals and the following conveyances and terms,, the ;parties hereby ,agree' as follows: 1. City's Quitclaim to the State of Parcel 3.~ -City .:hereby agrees to remise, release, and forever ~.,qu"tclaim to the State all of its rgYt, title, and interest in Parcel 3. 2. Easement-for Public Access to Parcels 2 and 3. City hereby agrees to grant the State a non-exclusive easement across Parcel(s) 1 and/or 4 for public access to Parcels 2 and 3. .- e 3. State's Quitclaim to City of•Pareels 1 and 4.~ State hereby agrees to remise;, release, and, ..forever ,~qutcl,aim to the City all the State's right,, title,, and .interest in .:Parcels 1 and 4, including those existing by virtue of its sover~ei,gnty as trustee of the public trust for commerce, navigation, and :fisheries. .4 ,. State's .Lease to City of Parcels 2~ and 3 . State agrees to lease to City Parcels 2 and ~3 for the i~d~eve`lopment, of a marina. and related facilities, on terms and 4 .v~ t ;'~ 0 N C S ~i~ ~. 1 2 3 4. 5 s 7 a 9 to 11 12 13 14 15 16 17 18 is 20 2~1 22 23 24 ~~ ~,`--'J .~ i 2 5' 26 27 28 29 30 31 32 3`3 3'4' 3b -3fi COVRT PAPER ~ STATE OF-C ALIFOR NIA :STO: t ) 3 7; (Rev. -3-82j 2526_2-750' 02' 100M Cf~M ~^G OSP conditions to he negotiated by the ;parties.. 5.. State Lands Commission Fndneta. ~~ The 8 tate Lands Commission, by 'it's approval and authorization of the execution, of this'. Agreement: a-. Finds and declares, upon recordation .of this Agreement, that Parcels 1 and 4 have been improved, filled, and reclaeed,~ and: have thereby been excluded from any public channels, are not available or useful or susceptible of being used fornavigation and fisheries, are not in fact tidelands and submerged lands, and are free from the public trust for commerce, navigation and fisheries; b. Eind's and declares that this .Agreement is in the. best interests of'the State for: ,(.1.) The improvement of navigation;. (2j The enhancement. of theconfiguration of the shoreline for the improvement of the water and the upland; and (3j The protection-; preservation, and enhancement of the tideT,ands and submerged lands.. and public access thereto .,pursuant to the public trust; c. Finds and declares that the conveyances. made pursuant to this Agreement will .not substantially interfere with the'. rights of fishing and navigation in the.. Petaluma River or its tributary channels; d. Finds and declares that the- value of sovereign interests to be quitclaimed to the City in Parcels 1 and 4 is less than or equal to the value of~C,ty's interest in Parcel 3, to be receved,by`the-State pursuant to this Agreement; and,-, ''e:. Finds that this Agreement.-"is in settlement; of a title dispute and is therefore, exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.11. 6. Acceptance of Conveyances-and Consent to Recordi~ng. .- By their execution of this Agreement, the parties hereto ,.agree to accept the herein described" conveyances~of land, and hereby consent to the recording of this Agreement, ;and other 5 z:o N c s ~I~ ~ . 1 Z 3 4 5 s s 9 10 11 12 13 14 15 is 17 18 19 I 20 21 22 23 24 ~~ y..`-J 1f '~ 1~ .~ COURT PAPER STATE OF CALIFORNIA STD. 113 :'•IREV. 3-821 25262750 ,,11,,82 ~.~~~. ,:documents executed pursuant to thin Agreement, pursuant to Paragraph 19,, be ow .. ' 7. T'itle_Policy. City agrees to provide Ito State, at City's expense, a standard form of CLTA policy of title insurance with liability in -the amount o•f $25;000, .insuring State's title to Parcel 3, subject only to those exceptions accepted .in writing by State. 8. Further Assurances. So Gong as authorized by applicable laws to do so,, the parties hereto. will perform such other acts, and execute, acknowledge arid, deliver all further conveyances and. other instruments,. that. may be necessary to fully assure to the other parties a1T of the. respective pr-opertes, rights, titles, I interests, estates, remedies, powers and privileges to be conveyed or provided for by~this Agreement:. 9. Execution before a Notary Public. All signatures of the parties to this Agreement and all documents executed pursuant to .this Agr"cement shall be acknowledged.be~fore a Notary Publ-ic of the~State in which executed and. a certificate of acknowlegment shall be attached to the ~~executed Agreement and other documents to allow them to be recorded in the Office of-the .Recorder of the County of Sonoma. 1.:0. Counterparts. This Agreement may be executed in any number of counterparts and each executed counterpart shall have the same force and effect as an original and as if all. of the parties to the aggregate counterparts had signed. the same instrument. Any signature page of this Agreement may and shall be detached by the Escrow Agent est°ablshed pursuant to Paragraph 18, beldw, from any counterpart of .this Agreement without impairing any signatures thereon;, and' may and shall be attached to another counterpart of this :Agreement identical in form hereto but having attached to it one:: or more additional signature pages, for the purpose of creatAng, an ,integrated document for recording. 25 26 27 ~2 8 29 30~ 31, 32 33 34 35 36 6 o r, c s ~~IT A 8 ~~ .~ .~ 11. Agreement for Compromise and Settlement. It is expressly understood by the parties hereto that theprovisions s`et forth in thin Agreement have been agreed upon for purposes ~of compromising and settling the respective disputed interests of the parties in Parcels 3 and 4. 12. No Admss"ion or Effect if AgLreement not made Effective. In the event this Agreement does not become effective, nothing herein ahall constitute, or be construed as, an admission by any party hereto or evidence concerning the boundaries, physical char.act'er, or character of title to or interest in Parcels 3 and 4. 13. No Effect on Other Lands.. The provisions of this. Agreement do not constitute, nor are they to be construed as, an admission by any party or evidence concerning ahe boundaries, physical character, or character of title to or interest in any lands outside Parcels 3 and 4. 14. Agreement Bndinct on Heirs, Assigns, etc. All the terms, .provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the respective heirs, administrators; executors, successors, and assigns of the•partes. 15. Modification. _- No modification, amendment., or alteration of this Agreement. sYiall; be valid unless in writing and signed by all of the parties to thus Agreement. 16. No Ef,feet on Other Government Jurisdiction. This Agreement has no effect whatsoever on the regulator..y, environmental, or other jurisdiction of any federal, state, local or other government entity not a party to this Agreement. ' 17'. Headings. The title headings of the sections of this Agreement are inserted for convenience only, and shall not be considered in constru`inq this Agreement. 1 2 3 4 5 s s s to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 COURT PAPE R STATE OF CAIIFOR NIA STD. 7 13'i~ (REV. 3-821 ~S~ °-750 }j~,82 10DM C.\Iv1Vp `P~~ ~~~. ~j lazoncs EXFdI~I'T~ ~. 9 ~.`--J .~ 1' 2 3 4 5 s 8 s to 11 12 13 14 lb is '17 18 19 20 21 22 23 '24 25 26 `27 ..2g. 29 30• 31 32 33 34 3'5 36 "COURT PAPER. STATE OF CALIFORNIA STO. 1.1 3 %) (REV'. 3-82) S?82-750 H2 ~° `~ )~~, `18. `Es'crow. - .a, The parties have agreed. to open an escrow with Northwestern `Title Security Company, 439 College Avenue, Santa `Rosa, CA 954:01 (,hereafter "Escrow Agent"). Joint escrow instructions will be submitted by the par-ties. b. Deposits by parties: (1) City shall. deposit the following documents into escrow: (a) Certified copies of duly enacted resolutions of its City Council showing the City's approval of the Agreement and the City's authorization.,that the Agreement and the Quitclaim, as s'et for-th in Paragraph 1, above, be executed on the City's behalf;- (,b) This, Agreement, duly and properly executed by t e City; (c) A quitclaim by .the City to the State, - as set forth in. Paragraph 1, above, duly and properly executed on behalf of the City; (d) A title insurance policy covering Parcel 3 as set forth in Paragraph 7, above; and (e) A grant of a non-exclusive easement. in 'favor of the State. for the purpose of ,public access to Parcels 2 and. 3. (2) State shall deposit the following documents into escrow: (a) A certified copy of a m~riute item of the State Lands Commission public hearing showing-the Commission's, approval of this Agreement and the Commssion"'s authorization that it. and 'the- quitclaim., as set forth in Pa-ragraph .2, a'bove', be executed on the~State's behalf; . (b) This Agreement, duly and properly executed 'by-the State; ' (c) Written' approval of condition of title to•Pareel 3 as shown in a preliminary title report; and 8 ~ '~. ~ N.,G ~" E%Fdg~iT 1-~ ~_ ~`--'J l~J 1 2 3 4 5 s 7 s 9 to 11 T2 13 14 15 is 17 18 is 2b 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (d) A patent quitclaiming Parcels 1 and 4 to the~Cty of Petaluma, as set forth in Paragraph 3, above., duly sand properly executed by State. ~19. C1ose.of Escrow and Recordation. Upon receipt of all documents described in Paragraph 18, .above, Escrow Agent shall notify the parties of its intention to close escrow and. to record this Agreement and any related documents and shall set a date certain for such recordation and closing. At 8:0`0 a.m., or as early as possible on the date chosen for the close of escrow, Escrow Agent shall record this Agreement in the Office of the County Recorder for the County of Sonoma, California. 20. Allocation of Costs and Expenses. The expenses and fees of escrow incurred by Escrow Agent, including those associated with recordation of this Agreement and other' documents necessary to effectuate this Agreement., shall be borne by the City. All other fees, costs and expenses-of any 'attorney, engineer or other person employed or retained by a party hereto in c:onneeton with .the transaction underlying this .Agreement shall be borne by that party. 21. Release.. Subject to the terms and conditions of this Agreement, the parties-hereto shall and do hereby relinquish, release and forever discharge, as to each of the others hereto, their agents, officers, partners and/or employees, if any, any and all claims, demands and causes of action, whether the same are known or unknown. to any party, expected or unexpected by any party, or have. already appeared or developed or may now be latent land may in the future appear or develop, which claims, demands or Icau es of action any party hereto owns or holds, or has at any time heretofore owned or held, against any' other party, their agents', officers, partners and/or employees, if any based on or connected with-disputes.or conflicting claims. or demands involving title .matters relating to the Settlement Parcel, including without limiting the generality of the foregoing, any claims, demands or causes of action based upon the State's or City of Petaluma's right, t=tle, and interest in Parcels 1, 2, 3, and 4, and all .COURT PAPER STATE OF CALIFORNIA STD. 113'%: (REV. 3-82I 25262-750 x~,,82 100M'GAIv1CJ~ OSP 9 ~x~az~YT ~ ~- :•A ~+r~ l~/ ~. COURT PAPER STATE, OF CALIFORNIA STD: 1 13:0 (REV. 3-821 25262~75U ~~tl~ InoM cnMC~Jo osp "'~~.~ ~ costs to which any of -the parties have been put because of such cl~ams,~demands or causes of action. The parties hereto expressly. waive, release a'nd relinquish a`1,1 rights under Section 154'2 of the California 'Civil,Code, which provides: "A general .release does riot extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 22. Ef€ect`ve~ Date. This Agreement shall become effective. only upon recordation of this Agreement and. the documents referred to in Paragraphs 1, 2, and 3, above. To become e£fecti~e,' this Agreement must be recorded by '.May 28, 1988, or such better date as may be agreed upon~iri writing by the parties. ~~ ~. --- ~, ~~~ - , ~' 1 2 3' 4 5 s s 9 to 11 12 13 14 15 1 6' 17 18 19 20 21 22 '. 23 24 25 26. 27 2 8, 29 30 31 32 33 3'4 35 36 . 10 o rr c s EXHIBIT A .:. 1,2 1' . 2 3 4 5 6 7 .. s 9 10- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~~ 3.0 '~'~-.~ 3'1 {~ 3 2 . 0 33 t~ 34 35 36. Towitness-. this Agreement, `a.:duly authorized officer of each. party,~has~executed it below on the. date opposite each signature. ~ DATED DATED• DATED: DATED:: -- .Approved as to form: J`OH~N K.. vAN. DE KAMP .Attorney°General State 0`f California Attest :' Bya DENNIS M.. EAGAN Deputy Attorney General Department of Justice STATE OF CALIFORNIA. STATE LANDS COMMISSION By; CLAIRIE T.. DEDRCK Executive Officer CITY OF P..ETALUMA, a Public Body, and Corporate and Politic By: JOHN L. SCHARER _ ' City Manager Approved as to form: By: .JOSEPH A. FOREST City Attorney By: DAVID SPILMAN Finance Director PATRICIA E,. BERNARD City Clerk COURT PAPER - STATE OF CALIFORNIA STD. 713;!• (REV. 3-82) '5252-7511 " 52 tUUM C~•1:;b D OSP 11 ~~FIi~i'fl A .~r3, 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 l~s 20 21 22 23 24 25 26 ~-t 27 ~, G:J i28 ~~ _. 29 30 ~° 31 ~~, 32 33. ,~ I 34 35 3 6 I''. COURT 'PAPER STATE OF GALIFOF NI A~. STD: 113"(REV. 3-82)' 2S2ti1-750' 82 t'OOtvi C4M V D OSP " .STATE OF CALIFORNIA ) COUNTY OF SACRAMENTO ) SS .. On this day of , 198.7, before me, the undersigned, a Notary Public in and for the State of California, County of Sacramento., personally appeared CLAIRE T. DERRICK, known to me to be the Executive Officer of the STATE' LANDS COMMZS'SION, 'STATE OF CALIFORNIA., .and known to me to be the person who executed the within instrument on behalf of the State Lands Comins'son and acknowledged to me that such Commission executed the"within instrument pursuant to applica°ble State laws. WITNESS my hand and official seal. Notary Public in and for ~s'aid County and State .14 12 ~ IIT A ~~ .. ~. .~ IN APPROVAL WHEREOF, I, GEORGE DEUKMEJIAN, Governor of the State_ of California, have set my hand and caused the seal of the State of California to be .hereunto affixed pursuant to Section 6.107 of the Public Resources Code, of the State of California. Given und'er,my hand at the City of Sacramento, this the day of in the year of ot~.r Lord, one thousand Nine hun'd'red and eighty-seven. . GEORGE.DEUKMEJIAN Governor .ATTEST: MARCH TONG EU Secretary of State BY: TITLE: 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 is 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 lCompromise Title Settlement Agreement,~SLC, AD W 23761 1..5 E OURT PAPER STATE OF CALIFORNIA STO. 1 1 3 :'.~ .(REV. 3-82) J5262 7S0 ~82 II loos Cnr.~ o q~ ` F~ ~ ~..® wT' ~ - ' 13 - Marina Off ice ,Park W 23761 EXHIBIT "A" PARCEL. 1 LAATD~~ DE~S`C~R'I:PT;hON PATENT PARCEL Being ;porti:~ns of the land described in Grant Deed No. 9789 recorded Feb. 7.9, 1953 in Book, 1189 of Official Records, page 305, Sonoma "County, and Grant .Deed No. 17660, recorded Jan. 27, 1956, in Book '1410 of. Official Records, P-age 451, Sonoma County, an'a. being a portion of t;he: Petaluma Rancho in T4N, R7W and T5N, RZ•W, M.D.B.&M., more particularly described as follows: • COMMENCING at the. easter_l.y terminus of the curve with an arc length of _785.9 feet;, as des.c'ribed in that Deed to Northwestern Pacific Railroad•Cgmpany, a~ corporation, recorded Oct. 24, 1916 in Book 345 o'f Deeds, Page 266, Sonoma Coun y, said point lying on the southerly line of the No:rthwester.n Pacific Railway right-of-way, said point of commen~cem'en being indicated as Point "C"'.on that Rec`o,rd of Survey recorded in Book 185 at page 15 of Maps, Sonoma County; thence southeasterly ~on a tangent to said curve ..and along the southerly line of the Northwestern Pacific " Railway Right-of-Way S 76059' 12" E 755.10 feet to a po.-int. of i.nters,ection with the northwes°terly line of that certain ~ia.r~cel of real property in the County of Sonoma, State ~of Ca.l:i£orna, described i.:n the Quitclaim Deed from r_he County of Sorioma, to the City of Petaluma, California, a tnu'iiici~al corporation, da-tred May 28, 1968, and rec'or.ded on May 31, 1,968,. in Book 2333, of Off,ci,a:l Records, Page 819, Sonoma County, and the TRUE POINT OF BEG-INNING of the herein described parcel; thence leaving said so;u~the'rly right-of-way line S 14034'00" W 196.00 feet; thence S 1016'45" W 276.00 feet; then`ee S 05"009 ' 40" W • 140.00 feet ; thence S 15042'15" W 93,94 feet; thence S .26012'5,3° W 123.30 .feet.; thenc°e N 8b004'00" W 77.00 feet; thence N 03056.'00" E 143..43 fe:et;• thence N 41004'0.0" :W 121:55. feet to a point. on ~' the no,rt-hweste:rfy I`ine mentioned ab,ove,; thence along said r~ nort`hwesterl, line: N 30057' 48" E 657.39 feet ~to the Point of t~ y Be'y,nni_ng: ,. t~ • ~~ 6 RE~O.87- 27O.NCS ~~~~ PARCEL 2 'LAND DESCRIPTION LEASE PARCEL Being portions of the land described in Grant Deed No. 9789 recorded Feb. 19, 19;.5.3 in Book 11.89 of Official- Records, page 305,Sonoma County, and Grant. Uee.d No. 17660, recorded Jan. 27, 1956, in Book .1410 of Official Records, Page 451, Sonoma County, and .being a portion of the Petaluma Rancho in T4N, R7W and TSN, R7W, M.D.B.&M., more particularly described as follows: COMMENCING at the easterly terminus of -the curve with an arc length of 785,9 feet, as described in that Deed to Northwestern Pacific Rai l;road Company, a co:rpo.ration, recorded Oct. 24, 1916 -n Book 34.5 o:f Deeds, page 266, Sonoma Cou"nty, said point lying on the sou.the~rly line of the Northwestern Pacific Railway right-of-way, said point of commencement being indicated as Point "C" on that Record of Survey Recorded in Book 185 at page: 15 of Maps, Sonoma County; thence southeasterly on a tangeht to said c.u.rve and along the. southerly line of the Northwestern Pacific Railway right-of-way S 76059'12" E 785..10 feet to a point of intersection with the westerly line of Parcel 2 of that certain real property situate in the County of Sonoma, State of California, described in the Patent from the State of Cal ifor_nia, to the City of Petaluma, a Municipal Corporation, dated Mar. 2, 1970, and Leco.rded April 6, 1-970,. in Book 2453, of Official Records, Page 771-773 Sonoma County and the POINT OF BFGLNNING of the .herein described parcel; thence leaving said southerly rigl~-of-way along said westerly line S 100.09'03" W 560.70; feet thence S 09007'21" E 1.27.39 feet; thence S 61005'16" E 248.49 feet; thence S 07018'10" W 130.65 feet; thence S 54052'52" W 1.42.34 feet; thence S 67044'27" W 100.44 feet; thence 5.5.0053'43" W 906.66 feet to the most easterly point described in that Ueed recorded Oct. 5 1965, in Book 2160, of Official Records Page 562, Sonoma County; thence along the northeasterly line of said deed, N 42034'57" W 369.13 feet to ~ the most w,es~terly point described in that Quitclaim Deed ~ re_eord;ed M`ay 31, 19.68 in Book 2333, of Official Records Page 8:19., So°noma County; thence along the northwesterly line of ~ said Quitclaim deed, N 30°57'48" E 554.14 rect.; thence leaving said northwesterly line. S 4100400" E 1.21.55 feet; thence S' 03'~o5b'00" W 143.43 feet; thence S 8.6004'00" E ~ 77.00 feet.; thence N 26012'53" E 12.3.30 feet; the-nce N 15042'15" E 93.94 feet; thence N 05009`40" F' 140.00 feet; thence- N 100`16'45" E 278.00 feet,; thence N 14034'00" E 196,.00 feet to a point on the above mentioned southerly r_i.y`ht- of-way thence along said right-of-way ~ 76059' 12" E 30.00 feet fo the Point of Beginning. ~~~o. s ~z ~ 2 z~ H c s giII1' A PAR~EL 3 .`LAND DESCRIPTION QUITCLAIM PARCEL ~° . ~° ~. Being portions of the land describes in Grant Deed No. 9789 recorded E~'ebe: 19, 19'5.3 in Book 1189 of Official Records, page 305, Sonoma County, and Grant Deed No. 17660, recorded Jan. 27, . L956, i_n Boo,k ':1410: o.f Official Records, P'ag.e 451, Sonoma- C:o:unt:y, a~n'd ~be~ing a portion of the Petaluma Rancho. in T4N, R7W, and TSN, R7~W, M:D.B.&M:, more particularly described as follows: COMPgENCI'NG _a:t the east-erly terminus o-f that curve with an arc length o.f 785.9 feet, as described in~ that Deed to Northwestern Pacific Railroad Company, a corporation, recorded Oct. 24, 1916 in Book 345 of Deed-s., Page 266, Sonoma. County, said .point lying on the Bout"he-rly line of the Northwestern Pacif is Railway right-of-way, said point of commencement being indicated as Point "C" on that Record. of S~urwey, recorded in Book 185 at Page 15 o;f Maps, Sonoma C,ou.nty; thence along said curve to the left with a radius o.f 352.20 feet, said curve also being described in that. Inc3en-ture r:ec:ord,~ed ~ Oct. 24, 1916. in Book 345 of Official Records, page 26•.6,. Sonoma County, through a central angle of 71°24'08", a,n arc. length of 438..91 to the ThUE POINT OF' BF,GINNING oL the herein described parcel..; thence leaving said curve' S 410'04'00" E 362.99 feet; thence N 48056'00" E 20:3.43 feet; S 4:1004'DO" E 221.00 feet; thence S 03056'00" W 33.00 feet; thence S 48056'.00" W 83.50 feet; thence: S 41o'04'O.b" E 292.00 feet; thence N 48056'00" E '91.00- feef; thence S 86004'00" E .2'8.50 feet; thence S 4100.4'00" E, 24.45, feet; `-rto a point on the northwesterly lime described in that Quitclaim Deed' recorded May 31, 1968, in Book 2333 of. Official Records, Page 819, Sonoma County; thence along skid northwester-ly line S 30057'48" W 554.14 feet to a point on the northeasterly line of the Deed recorded Oct.. 5, 196'5 in Book 2160 of Official Records, Page 562, Sonoma County; Chence along said northeasterly line S 42034'57" W 45,.96 fe:et:; thence along a curve to the right with a .radius of 145.Ow0 feet through. a central angle of 17056'47" for an a.rc l;engt`h ' o€ 4;5:42; feet; thence N 24038' 10" W 696.54 feed; t;hPnee a1,o`ng a curve t'o the left with a radius of 255 , 00 feet throu?g;h a ~c~.;ntra,l angle of 8016' 47" f gr an arr le,n'gth of 36.85; thence ~N 32054" 57" W 214.09 feet; thence along: a curve to the: right. with a radius of 14,5.00 feet t:hrou_'g.h a central angle of 0:816' 47" for an ar.c length of 2'0.95 feet.; thence N 24'038' 10"' W 6'1..50 feet to a point on the .above. .mentio:ned cur.v,e with a rasius ~f 352.2.0. feet; thence aldhg said curve in a northe'ast,.e'rly direction from a tangent which. bears N. "1.10'46'°0.0" .E, t.hro.ugh a central angle of 09'050'40" f.or. an arc length of` 60.51. feet to the Point of liegi.nning. ig MtLAU~RY, ~ rU ~a ,B1 " ~ ~N c s~~ ~ i PAR^EL 4 LAND DESCRIPTION' TRUST TERMINATION~PARCEL., Being po-rt.:i.ons of the land described in Gran Deed No. 9789 recorded .F'eb. 1'9 ,• 19:53' in Book 118`9 of Official Records, page 305,., Sonoma County, and Grant Deed N.o, 176'60, t.ecord`ed Jan. 27, 1956, ih Boo?k 14.1.0 of Offieia,l Records, Page 451, Sonoma County, and .being a portion of the Petaluma Rancho in T4N, R7W, and T5N, R7,W, M. D.. 1i.&M., more .particularly described ' as follows:: BEGINN'IATG a,!t the easterly terminus . o`f 'ghat curve with an arc length of; 785:9 feet, as described in that Deed to Northwestern p Par. ific Railroad Company, a corpora"t.ion, record Oct. 24, 1916 in Book 345 of Deeds., Page -266, So.noma~Couhty, said point lying on the so"utherl'y line of the Northwestern Pacific Railway right-of-way, said` point of beginning being indicated as Point "C" on that Record of Survey recorded in Book 18b of Maps, Page 15, Sonoma County; thence -along said southerly right-of-way line S'7~6059'12" E 755.10 feet to a point of intetsec`tion with the northwestetTy line of that parcel described . in that Quitcla;:i=m Ueed, recorded May 3T, 1966 ,in. Book 2333- page 81.9 of O'ff icial Records, Sonoma County; thence along said nor hwestec y line S 30057'48'" W 6-57.39 feet; thence leaving `said northwesterly line N~41004;,'00" W 24..45 feet,; thence N 8;6004' 00" "W .:2:8.50 feet; thence S 48056' 00" W 91.00 feet:; thence N 41004'00" W 2.92.00 feet; thence N 4805b'00" E 83.50 feet; thence N 03056'00" E33.00 feet; t:hene,e_ N 41'04`'00" W _-221.A0 feet; ~ the_nce S 48056'00" W 2.03.43. feet; thence N 41p0~00" W 3'62.99 feet to a point on the ab"ove -mentioned c.ur,ve_ with a radius of 352.20 Le.et; thence along said curve i.n a northeasterly direction from a tangent which bears N 31o3r6''40' E through. a central angle of 71024'08" for a,n a:rc length of 438.91 to the Point. of Begi.nnin~g. END OF DESCRLPTLON " 1KEVIS"F.D B'Y' BOUNnAKY INVESTIGATION UNIT #1, JULY 6, 198'7, M ., L:. SHAT FK , - SUPT'-kV I SOR . " ' 044'? b .9 ~(~^~\ Y U.. M o 9 n -_ ~. d / l ; _ .~/ . e ., ,~_ ~ . .,.. ;,~_ ~ ,1 ~~ ._ o ~- ~ ~ ~ ~ ~ , ~~ ~ ,,,; ` ,\\ r .~ a 1 v ~ . w :~~-. B ;o , ~ ~ ~, ~ ~ r 4 r ~ ~ ~`, o ~ -~ P' 9 ~ ~.' ~ ~ ~ ` \ 5 \~\ ~\ 1 ,, ~ SS • ~ ~ -. \ \ '. I 9 (~, __`` \v \ • ,ss ~ :e .. ; \ j \ .\\ ~ ~A ~~ \\ ~~;,.~.~ y , , - P 1 l EXISTING OWNERSHIP' lifornia f C 2 = S `~ ~ arce s a $ tate o F?arceIs 3 $ 4 = City of Petaluma s~ v°n~o PROPOSED AGREEMENT P°bi° s° (F?:arcel 1 = State Patent to City) s°~ R°~O°~ (Parcel 3 = City Quitclaim to State) (Parce,l A = Trust Termination by State) ~Parcel,s 2' ; - _ :;fate ease to City) o Prepared 6y: J`KHer~ing Date: 7/7/87 A: 9 S: 2 EXHIBIT B Title Study Marina Office Park W23761 Z 2 -N20-E1$2 ~.~. ~n ~~ ~ ~ ~~ a N C S ~ 20 N AC•CORDEO AT THE REOIJEST OF' AND WHEN RECORDED MAIL TO;:. .State of California State Lands Commission. 1807 - t;3th!Street. . Sacramento;,CA '958]4 Attn . ~ Rick Okkawa .. ...........~...------•_-------- Telephone:; 916 • 4.4.5.-2,~1~Z-----------------------_ STATE OF CAL`'CFORNIA:-OFFICIAL BUSfNESS Document entitled to free,recordaton pursuant to Government Code Section 29383 . NO TAX DUE (Per Rev. and Tax. Code; Sec. 1°19221: ,~>_ .. .:_,~- . -. ~aU1TCL:A'IIVi D1EED TO STATE (~ t~ e~q-r ,. + ~~3 SPACEA'BOVE..Tf!!SLlNEFOR RECORDER S.USE - ID. _.-------....:___...._. ------- ....__ Dictation~~ -________-....---__.-----~-------- and typing:: ....___.._.._.~_.__..._._..._ The.undersigned does heeby remise, release, assign; ti'ansfer~and foreVe.rquitclaim to the STATE OF CALIFORNIA any and alt right, title and Inlarest=.ol tha undnrsiUnud in and to thot cortain real property located in the .City O'f ,California, Petaluma Count o'f Sbnoma - more particularly described in fhe~DESCRIPTION OF pUITCLAIM PARCEL, PARCEL 3 'which is attached hereto and is madea parrhereof by reference as if .set forth in full herein. THE CITY OF PETALUMA, •Dated:, ~ ~ 'a public body, corporate and politic BY : ~~ . ,' JOHN L.~SCHARER, City Manager ~,. .-~,_. ~~:. . . APPROVED AS TO EORM,: ~`' ,~: ~ ~ _ , ' - ~ - ~ BY : ~ , , ' ~ JOSEPH A. FOREST, City Attorney..~'~ ~ ,, .. ~ ~ .~ '. BY_: '. DAVID SPILMAN, Finance Director ' ~ ATTEST: BY: PATRICIA E: BERNARD, City Clerk (Notary Acknovvledgmenf:(s) attached.) 2 ~ Form 59:5 1' • ~ Being portion of t-h~e land cribe:d in des 9 of Grant • Deed OLfic~al ., , No. 97`89 Reeor.ds. ' recorded Fe;b. k 11® 19, 1953. in .Boo. and Gran:t~ Deed No. 17.6b0,` . recorded ~a a 305, S~o:no P `g' ma C ' ounty, 10 14 of O-ffcial _ Records, .Page 451. , Jain. 27; 1956•, County, Sonoma in and . Book : being a , p:o'rtion of the ~ P"etal,um'a ` l Rancho in s,cbe:d d , T4N, R7W., a.nd , T5'N, R7W,, M.D. ~mo'te pa B.~M.., y.: rt.:c.u.lar e ., as fo'llowa• - _...- " `COMMENCING a.t •the e~ast.erly tetminu~s ~f t~ti-at curve with' a:n~' arc that Deed t"o Northwe~s~ter-n i n , t°h of 78.5.9 fe.e;f,, as,- -desc7ribed lenq ~ recorded'Oct~:1. 24,'' 1916 'i ~ ~ • - .. ... . , ~ on, t ra road Co'mp'any:, a cor,po P Sonoma County, s~a~d porn°t •lyinq ~2~6;6 '~ " R C _ 1 ;n , Deeds, Page 'o';f 3~45 Book line of the `;Nor`r.hw:e;s.°te_rn~v~Pa,c,ific Railway Y orn t°he: sou'thetly.~ . point of commencement b:e,inq indicated ;a said ~ f A .~, . ; ~-way. r:i.q~ht-o ~ e~orded " in Book -18`5. at . Page Point; "C"' o~n' that Record of Survey. r. . . he' left ve to t • _ 15 0[ Maps, Sonoma County; thence. a,lc~ng -s.ai:d cur being de~sc°ribed aaso , with a - r~adi,u;s. of 35,2.20 -f.eet:, said. c:u:rve in` ~~•Book 345 :of 6 191 : . in chat ~'Indentu:re recorded Oct. 24• ~ t ht.o'u h ~.a ce~nt;t:a`l . 5 County ° • ' ~ _ .- . a Offieia Records., page 266, S.onom arc length of 43"8.91 to the `TKUE POINT' 8" ' b , an 0 24 angL,e of 71 f the herein d~e's`c~r°ib~~d parcel;~~~ thence leavi'n~g 'NG ` o ~ BEG.INN:I OF 0~` E 3'6~2~. 99: ;feet; thence N 4856' 00" E 41°04' 0 S ` ~ - . . ~~thence ~ -s;a;d- -curve feet,: ' 2'21.00 203.43 feet. ,• ~ 'S 41~Q`q_4.'00" E feeEt; W 83= " '00" ;, :.... - : . _ ~S~. 03056~!,0~0=' W 3'~.3.Q0~ feet; ~the~nc~e ~ 48056 thence ~ N 4;.Bo5b 00 thence S 4aoQ4'00" E 29~2:.~00. f.e~et: ,: 4' 00~~ E. 28.`5b. feet; thence `5600 . S 91.00 , f~ee`t; ~ thence ~~ _. to a point on the northwester;l,y S 41~'04~!00" E ,29,45. ..feet; lain ~Ue,ed recorded Mary. 31`, 1968, •in Quitc -h i - {. ~ a n t thence line- des:cribed.. Official Recotd°s, 'P°age 819, Sonoma County; f : - 33 o Book 23 along sa;d northwester ly line S 3Oo~7 ~ qg ~~ W 554-. 19 f ee,~t to a Deed' recorded. r~° line of the point ~ .o.n the no rt.heasterl~y pa:g~e -5:62, Sonoma Re~c,ords, ffici~al f O ' r~ G~ , , Oc't. :5. 19b5. in ~o.ok, 21b,0 0 Lth~e~asterly line; S 92034' S7'" W ~a~id no . " ~ . C'oun~ty; the-nce along s hence along a curve to the r~igh't with a radius of ~ '.. - ~ , -• ~ arc 4;5,.,98. feed, t t thr:ouq;h a central angle o.f 17o_5b' 47" for. an 00 fee 145.. l 24038' 10" W 696.54' feet; ., ~ _ _ thence length, of: 45.4.2 • .feet; r tYie left wit°h a radius of 2:5.5.00 feet r -~ : ~ a cu.rve~ t.o thence along .,. _ :f 8 016 ! -4;7°" 'for ~°a n a rpc l e nq°t h o f ,,~ F n~t ra 1 ve = ~ c u ` ~ ~ o ~ . r a h ~t h r o.,u~g 0 5 4 :214,:09 -Feet; t"hence; along a c ' S 7~' W 3b.8~5.; t.henc.e N 32, - '' t through a central f ~ ~ ee to the rig~h.t with a r'ad.,i:us oaf 14,5:.0.0. ngth o;f; 20.95 feet.; thence# : a c „ o , on the above mention"ed r~~ n t po - t at ~ 4 O 1 n { , • , ,:.. a o; f ee 50° 6" W 24~o3e ! 1.0' N° r-a;d.ius oAf 35.2.2:0 feet, thence along: said curve ins ~: s~ h ~bear 'rve with ~a c ihi • ~ . , : ~ cu tangent ~ a norchea~ste,tly direction from, a a'1 angle ~ of 0y°50' 4:0" for an ~ N 21;04;b' 0p~~ through a ~centr E, Point of Beginning. _~~~' the ' 'r . t .to . arc a.e~nq`th of ,60.51: fee; . ~ •• .~ . . ~~~~.~° 2~d~NC~ . ~ . - ..: _ : - . :2~2~ - . ... -1, ~:.. I~:I'I'' ~ ~ - r ~ , All that real property situated in the 'City of Petaluma, County of Sonoma, Sta°te~of Ca iforn;ia, described as follows: Be.i-rig a strip of ;land 30.00"feet wide lying T:S".00 feet on both sides 'of the follow-nag de cri.bed 'centerline; Commencing at a point on the northerly~l.ne of th•e lands of the _City of Petaluma as: 'sa;i,d lands. a;re descr"ibed by deed recorded in Book 335,1, Offi~ca1 Reco'rd's., page 527, Sonoma County Records, said point lying on "the southerly right;-of-way, of~ the Northwestern Pacific Railroad and being. shown ~as Poimt "C" on th;a.t' Record of Survey on f,1e in. Book. L85 o.f Maps .at page 15, Sonoma County Record-s and running thence South 7b°59'12" East 7 . X15 foot tU tho TRUI PO'TNT OP •1~`13G1;NNTNG o:f t•hc' 'centerl.a:ne to be }rcrcin dcacribed; th,en.ce South 5°10 `14" Eas"t 25.00; feet thence South '84°:49'46'` West. 42.77 f;e;et,; thence on; a curve to the left wioh.a radius of 100.00 feet, through a•centr~al angle of . 35 53 46 fo:r a Tength of 6.2..65 feett.; thence South 48 °56' 00" West 28`6.77 feet t:a a point on tie easterly line o.f Parcel 3,. as said parcel is shown oii the attaclied map :and from which the North-east corner common to P:arce`1 3 "and 4 bears' North 4.1°04'00"•West 112.00 feet , s°a,d point• being the terminu<s of said, centerline . ~~ 0 ~~~ rt^~ <: :.~~~ ,, ~:' -. ~.~ C' ~~.~ _ - 24. gg~q ~iypnp. (y$p p~/y /) 1IgV) /\~ a ~a ~~'.a ~„~, :!` 'RECORDED AT THE 'REQUEST QF AND'WHEN'RECORDED MAIL TO; Scatc of California • State Lands Commi"ssion • 1x80,7" - 13"th Strcct- Sacramento, California 95814 ~ ' ' ,,Anti:-'.Rick.Okikawa ~ ' Tcl_cptionc: 9I6-443-2682 .. .. STATE OF' CALIFO'RN1A -OFFICIAL BUSINESS `• ~ • Document entitled to free rccordaEion" '~ pursuant to Govcrntncnt Codc ~Scction 27383 '' NO'TAX D,UE:'(pcr Rcv, aad Ta,x, Codc, Scc ~I;1922} SPACE.,ABOYE T.•H1S LINE -FOR: RECOR°DER'S USE . GRANT `OF' EASEIvIEN.T, TO STATE ,. . Tlw -CITY (Jr PRT,iAI tJMn, a pu;Giio body, cortroratc and politic, Grantor, hcrcb.y ,... -- pls~ fo tlrc, SI'A~1',E OT CAL1FQ1t.N1A, Orantcc a non=cxWuslvc, lgravuunUlo oaacnrout fur grp' _ • 'public access, ingress, ~to and egress frtini ;the la'ads :of tlu Grantee,' over, •aerost an upon a ' A' strip, of land (th'rtY Ctcc' [30.00']; in width) ;more pnr,ticulni6y •dc~crabcd fn F.xliibit • attached hereto n'nd.`incorporated. herein: ~Datcd; ' ' CITY OF PETALUMA a public body, corpora'tc and poliiic ' BYE • ~ JOIN L. SGHARER Cit.Y Manager , Approved as to Cormt , 3OSEPH A. FOREST City AEtorn'cy 0 ~ _ DAVID 9PILMAN. o ... ;Finant:c Director ~ '. A4tait:' ~ ~~ ~^J C ` ' E. BERNARD CIA PATRI ' Y crk Clt Cl . • .. ~ ~ F STATE OF_CALIFO.RNIA-STATE',.LAN[ • STATE LANDS COIVIM:ISSION' 1807" tOTH`ST866T t. SACRAMENTO; CALIFORNIA 95814 MISSION r. August .24,: 1987 DEUKMEJIAN, Govemoi •a -File Ref.: W 23761 ..Northwestern Title Security Company, 439 College Avenue ~ _ Santa Ros,a,,, CA 95401 • ' Attention: • ' Pat Smith Re Escrow •"for- Compromise Title Settlement ..Agreement regarding certain land located~in the County of Sonoma, California.; Your Drder No. 90033-PAT Dear Ms. Smith: This letter, executed by or oh behalf of all parties to the above-referenced.. escrow,. shall constitute point escrow instructions to you for handling theabove-`referenced escrow. 1• ~`~`~~Deposts into Escrow ,. ~ . ~ - ,. .The following°documents•wiTl be deposited into escrow: `~1.`1 ,Settlement; Acreement. . ~. A Compromise TitleSettlement Agreement (hereinafter 1eAgreement" - ,g y _.. •. °=executed and.. acknowled ed b, the State of California;- acting~by and through the- S ate' Lands. Commission ("State'") and the ei y of Petaluma: y )'~~[collectively ("'Cit " referred to herein as the "Parties"]. If the. Agreement has been executed in counterparts, you are authorized -and•'directed to detach the signature page. or pages and certificate of acknow.ledgment•wth respect thereto ;f=om any. counterpart thereof ~ and attach them to other counterparts of the Agreement so , as to form - a ~ Ingle, " complete, fully executed` original thereof . .. -.. Q ~ 1.2 Citv~'s.4utelaim to State. _ A., fully executed Quitclaim Deed... by the City to thQ - stato granting all `right,. .title ..and interest of the City in '~~~ Parcel ~3 'which ' is fully described in the Agreement: ~: ~-~, ~- •- ~~ ;. ,.;~ t~:x~ s ' ..4 2~ 5 /. l ." ~ :. 1.3 City's .Easement .to -the State. ~. i • A fu11:y executed Easement Grant peed from the City granting. to the: State a none-exclusive easement Afor public a~cce s to Parcels 2 and 3. 1,.4 ~ City's Resoliitt.ons-. Certified copies of duly' enacted resolutions'- of its City Council showing the. City's approval of the Agre,ement~ and- the City's authorization-that the Agreement, the quitclaim, and the _ grant ; o'f .easement described in :Paragraphs:. 1.1,,, 1.2, . and .1.3, .~ above, ~' may- be~ "executed ,on .the. ~City'a k~ehalf . ~ ~ ` 1,.5 State Patent to City: A fu1Ty executed S a,te of California Patent and;, • Tru. st Termination cony©ying to City all thES right; -title .and interest of the State in Parcels 1• and 4- as; de"scribed. in the Agreement..: , 1.6 State>'s. App;rovals. ~. ~:. oa ~' (a) A certified copy of a M,~nute I em of a..State .Land's Commission public hearing showing•the Commission~'s~approval of the :Agreement-set forth in. Paragr.a~ptr. 1.1, above; (b) a fully executed•State Certificate of Acceptance acid Consent to Recording for the Qutcham ~De'ed s:et forth, in. Paragraph 12~, above;. (c) a fully executed - State Certificate ' of Acceptance and Consent to RecordingE f'or. th,e Easement Grant Deed set .forth in Paragraph. 1.3, abo~e;• and (`d) wsFitten `approval. ~ of the condition .,of .title `to Parcel ~3 as shown• ~ in ,a 'pro forma .title policy to, be ;provided at .'the.. request and expense of the, City... - ,. . . 2. .Chose . of • ,Escrow • ~ 2 l ..:. ,R'ecordin~ of` Do'cu~ments . - - - ...- a•When you heave received the :fr~regong .document`s, you a_re;~~~ .._ authorized and directed to notify' the parties of'' your intent to close:.. escrow and to .per,form the. following acts in: the: order set~~~~• forth: ~ . , ~,. ,. ,;. ... (1) . ,Record the' origin'al,. Agreement ~. 'in, the .Of;ficial~J ~., , , . Records o:f .. Sonoma Coun"ty,. California, -with .instruct`i'ons .that. at~.•}. . t 2 2 6 least one duplicate thereof is to be_ certified and that following recordation, the original and certified copy are~to~be mailed to you..- •: ' ( 2 j Attach the Certificate of Acceptance' ~~referred. to in Paragraph 1.6(b), above, to the City's Quitclaim Deed'-referred to in 1.2, above, after inserting the date of execution of said .: Quitclaim .Deed on the line provided therefore on the Certificate, and record the Quitclaim Deed .and the attached Certificate in the Offcal•~ Records of Sonoma County with ir-struct~ions that following..recordatiori it i to be mailed to you. ;... ~ • • ,. :~ (3).~ „Record` the State Patent' 'referred to -n• Paragraph .1.5,~above,'wth instructions that'fol owing recordation it_is to be mailed .'to you. (4) Attach.the Certificate of Acceptance referr-ed to in Paragraph 1.6(c), above, to the Easement of Grant Deed referred to in Paragraph 1.3, above, after 'inserting the date of 'exe'cution of said Easement Grant Deed on the line provided. 'therefore on the Certificate, and record the~Easement Grant Deed • and the`.attached Certificate- in 'the. Official Records of Sonoma County, with, instructions that following recordation it is to be "mailed 'to `~you.• 2.2 Distribution of. Documents. ~~ ~ u ~-~ '"~ 'When al'1 the. recorded documents `have been returned to . you, from the office of the Recorder of Sonoma County you are authorized and directed to perform the following acts: (1) Mail the original 'Settlement Agreement to the Commission and a certified copy to the City. ',(2J .Make- one copy. of, 'the City's Quitclaim Deed and ;'` .•ma~l the.orignal to the Commission and the copy to the City.. (3) Make one copy of the.~State Patent. and mail the~~ or.ig-nal to. the City and a copy to th;e Commission. ~= (4:} Make one copy of the Easement Grant Deed and the. original to the Commission and a copy~to the City. 3 ma i l.~ r :- . ~-, ;;~' ~;:~ 2'~ ,~3 , ~ . Escrow, C,o'sts ,and Expenses .. x ,~ ~ - .. - 3.1 The expenses and fees of escrow incurred by escrow °agenti;; are~• to •be without -cost to ~ the S"fate and: shall ';be borne 'by r .the .,C=ty.~ - .. ,: .. • ,4. Termination. o_f Escrow ,. '._ _ _ ~• 4.1,;; The foregoing instructions are to;:be_- n,f~al. force ':from •p g...~ y 2E~,;.1.988,,'.atwrwhich~tme the time of recei,t to and. ineludin Ma • escrow shall. automat'ical y _termnate- unless specific: uef om . . instructions; extending. thefinal .date are delivered to y .all - p'ar'ties. ~ ~ In:: the event the- escrow is terminated; pr abovto recordation.. .of documents as~ set forth in Paragraph 2.1,, e, you shall forthwith return-all documents to the party'depos~itng the same, - as 'follows: T'o the ,State:: (1) Th'e Agreement, or,. if: executed in ~couterparts, that duplicate of the Ag'reemerit executed by State; ('2~) The certified copy of ~t;he Minu~t_e Item.referred to in. Paragraph 1.6, above; _~:.- . G~ Q ' ' (3) The State Patent referred to in paragraph 1.5,, above; and ... (4) The ~ Certi:f cafe of AGCeptanee ~ and Consent to Recording ;for the Quitclaim ~ .Deed referred 'to in Paragraph 1.6, above;, :and .The Cert,f`icate of Ac.ceptanee and C'ons'ent to (5) -~ .- ~-Recording for the Grant Deed conveying, the non- exclusive easement referred to in :Paragraph 1„ 6, -. ,above, and .: t - ..:. . 6 The wr^ ~ p val~ by' the .State of~ the.~conditor` ( ) tten -a pro of title to Parcel,3 referred to in.Paragr:.aph 1.6, above. ~ ~ ~ . .. _ f ;, ~; -- To the City: (1) A copy of the Agreement, or if executed- -- that duplicate original of counterparts, Agreement executed by the..City, 4 .r^l . .;~n the Q~ ~ ~'~F 7nnp~~, N g/y~ ~qq, EHI~~I"h• ,:~_- ~. (2) The Quitclaim Deed referred to in Paragraph 1.2, above; (3) The Grant. Deed .for' a non-exclusive easement referred to in Paragraph 1.3, above, and (4) The certified copies o-f the City Council resolutions referred to in Paragraph 1.4, above. By: For the State Lands Commission By: For the City of. Petaluma G~ . ~. ~° " 5 29 ~I-II~IT ~ i ~~ ~ HEGOR'DED:.AT THE HEQUEST`OF., C:;t'y of Petal'um°a, 1,T Eng.l:ish St. WHEN R COR,DE~D ~A L T0.4~9 5r2' Mr. John, ScYia~rer, City Manager City o f Peta l:uma 11 En.g l is:h_ Street Petaluma, ,C"A ;949!:5.2 STATE OF CALIFORNIA.- OFFICI'At_ BU$1NESS _ Document entitled to free;reco~dation pursuant to Government Code Section-27383 SPACEi1B0'VE THIS LINE FOR RECORDER S USE STATE O~ CAB.IFORNIA y,T 23761 . pA'TEI~Y ~rPBD T'FBUS'Y TERRAIBd/AT1,0@d' (Som~regn .E;x. ch~ng~) The State" Land`s Commis .ion, by adopted .a't its regular public" mE S°acr-atn~e:nto, Calf:orni;a, after notice of law;" approved a Patent between acting for the State, of California, below: fr l ita Mnu,t,e Item No. 34, duly :eying on May 28, 1y87 at pura~uant to the requirements the S'tat:e Lands Commission, and th`e PATENTEE i dent i f i:ed The. agreement pr.ovide"s, among other.,th;i,ngs, that all r-fight, title, and. interest of the State of `C"alifornia under the jurisdiction of 'the State Lands Commission. ,n and to the PATENT PARCELS des.cribe;d, a=re to .be patented b,y thee. STATE to PATENTEE in "exchange for another parcel which is of equal or greater value tYian" the PATENT PARCEh',5;. The exchange parcel will . be conveyed to the ••S'ta:t.e of Cali.forn'a as provided by the terms. of the a.gre;ement . Upon th;e performance of P,P,TENTEE' S obl igations under the ag"reement, PATENTEE is entitled to this Patent. " N.OW,, THEREFORE,,; the State of California. quitclaims t:o the - City'of' Petaluma, identified herein as PATENTEE withoilt regard,•.to number, a.n~y right,,, title .and interest of" the State of. °Californ:a owned }by virtue o:f: its sovereignty in and to the real ,propert.y i,n the iCt;y o,f P,etal~um:a, County of Sonoma, California, more particular y deseriBed in the DESCRIPTION OF PATENT PARCELS, which; are "attach°e:d to and inc"orporated in this Patent . 71..32 (5[831 30 ~ ''`' '+~ ~ 7 , V ~ The State Lands Comm`zss:ion has 'found, and declared that. the PATENT PARCELS havebeen reclaimed an.d..removed from the, .public chanrnels ahd' are .no longer available 'or' useful or s,tssceptble of being used: for. water--.de"pendent commerce., n'avi,gation, and fisheries and that they 9 are no lon~ er in fact tidelands o.r- submer.ged. lands . Tle PATEN,T.-PP,R'CELS are hereby forever freed from the publ,.c trust for' commerce, naygat,on.and fisheries. Th's Sovere,;gn Lands Patent and Trust'- Termination shall become ef•fect~iv,e upon. it r"ecordat°on i`n the Official Records of the County Recorder of. the County of Sonoma. IN TESTIMONY INHER'EOF, L, GEORGE DEUKMEJIAN, Governor of the • State of California, have caused these Letters to be made Patent, and the seal. of the :State of California fo;6e hereunto affixed. Oivnn unilbr my 'hand et the Clty of Sacramento, this the day of ~ in the year of our Lord .one thousand nine hundred and Governor Attest: ~"~ Secretary of State ~~~ ~~~-,-.ti..:~-.J~ ~`-~J Countersigned: Executive Office ,'State Lano(s Commission Description of PATENTPARCE"L attacFied Pg. 2 of 2 .~ ,v -. PARCEL.1 L_ 1kPdD DES'GR.IPTION PATENT PARCEL v' Marina Office Park W 2376T Being po'rt.io'ms of the land described in~ ~.Gr~an.t Deed No. 9T89 recorded Feb': 19;, 1953 in. Baok T189 of Official Records.," page 30`5, Sonoma Eounay, and Gra°nt . Deed No: 176'6;0, recorded :Ja'n. 27, 1956, in. Book 1:4,10 , of Offici.a`1 Records, .Page 4.51, Sonoma Co;un"ty', and being a poraion o•f the Petaluma Rancho in T9N, R7W and TSN, R7W, M.D."B.&M., more particularly described a follows: _ ~ COA+~+IEAIGING at - he easter:Ty tear>minus o€ th.e curve with an arc length of 78;5.9 ;f:eet, as described in 'th"at Deed t"o Northwestern Pacific ,,R~a;ilroad Company, a corporation:, r.ec.oraed' Oct. 24, 1916 in Book .345 oaf Deeds., Page °266, Sonoma C"ou'nty, ai_d :point lying on the southerly line of the Northwesae,rri Pacific Railway ' right-of-way, said pon-t of commencement being indicated as Point "C''.` on hat Ree:or:d o.,f Survey recorded in Book 165 at gage 15 ,of Maps, Sonoma County; thence so"ut~heasterly on a tangent 'to said curve; , and along the sou:the,r:l,y line of the Northwest-ern Pacf•i.,c Railway Ri.gh •-of-Way S 76059'12" E 755.10 f;ee~t ao . a point ~ o:f intersect.o"n. with ttie norahwesterly line of that certain paacel of real property in the County of Sonoma, State of California, d,e=scribed in. the Quitclaim Deed from the County o.f 'Sonoma, t;o the City of Petaluma; California, a municipal c`orp~orati;on;, dated Ma'y 28, •1968, , and recorded on May 31, 1:968:, in Boak 23.3„3•, of O;f f vial= Records , Page 819 , Sonoma County, and th`e; TRUE POINT OF BEGI-AIN.ING of the herein described parcel; thence leaving' aid so,uthexly xight-of-way line '" S '14034' 00" W 196.0.0 feet; thence S '10016' 45" W 278.:00 feet; thence 505009'40" W 14'0.00 feet'; thence S 1504:2' 1:5" W 93.94 feet; thence S 26`012' 53" W 123.30. feet; thence N'86o04'°00" W 77:00 feet;' thence N 0'3056'00" E G~° 14"3.43' feet,; thence N 419'09' 00° W 121,:.55 feet to a .point on the nor~thw.es.terl;y 1i:ne mentioned above-; , thenn~ce alon°q said ~ • no:r't,hwe"st;,erl_.y 'Line N 30957'48° E 657.3'9 .feet to the Point o!f ~ ~egnni;ng: v . l~ 3 ~ '~ Y: " PARCEL 4 - "'~ LAND DEB'C@IPTION TRUST TERMIN~ITI'ON PARCEL Being portions of the land described in Grant Deed No. 9789 recorded Eeb-. .19, 1.953 in Book' 1189 of Official Records, " page 305, .Sonoma County, and Grant Deed No. 17660, recorded Jan. 27, 1956, in Book 14TQ of Official Record. s'; Page 4'5'1, Sonoma County, and being a port,i:on of th,e Petaluma Rancho in T4N, R7W, and T5N, R7W, M.D.B.&M:, more p"articu.l:arly described as follows: L~ 0 -_ ,.:0 BEGIING at, the e:aster`ly tezmnus of that curve with an arc length of 785. 9 'feet, a~s' described in that Deed to Northwestern Pacific R°a~ilro.ad Company, a eorpor.ation, record Oct. 24, 1916 in Baok 345 of "Deeds,. P~a;ge 2'66, Sonoma County, said point lying on the southerly 1i;ne of the Northwestern Pacific Railway right-of-way, said point of beginning bein'q indicated as Point "C" on that R'e.cord of Survey re.corded~n Book 185 of Maps, Page 15, Sonoma County; thence along said southerly right-of-way . line S 76059' 12" E . 7"55.•LO f°eea, to a point of intersection wtri the northwesterly line of that: parcel d;escri.bed in that Qui'tc;~aim Deed, rocorded May 31, 196f3 in Book 2333 page 819. o`f Official Records,, Sonoma County"; thence along said' northwes erTy" ~ line S 3057' 48°" inl 657.`39 feet; thence 1ea,ving said nor~thwesterl,y line N 4100.4'.0'0" W 2:4.45 feet; thence N 86004'OQ" W 28.50 'feet; thence S 9:8056'00" W 91.00 feed; thence N 4104'00"' W 2-92..00 feet; thence N 48056' 00" E 8';3.50 feet; thence N 0`3:056' 0;0" .E 33.00. feet; thence N 4.1004'' 00" W 2.21..00 feet; thence S 4605::6' 00" W 203.43 feet; thence ,N 4.1004'00" W `362.99 feet to a point on the above mentioned curve with a radius of 35.2.20 :feet; thence along said curve in, a northeasterly d-rector from a tangent which bears N 31036"4:0' E through a central angle of 71024'08" for an arc length of 438:91 to the Point of Beginning, - END OF DESCRIPTION REV'IS'ED BY BOUNDARY INITEST'I:GATLON M. L..SHAF-ER, SUPERVISOR. '0442b UNIT #1, JULY 6, 19$7, 7 3:~ ~- ~ ' ,;,; : ~'7~x: t 'Nh. t ? f~\?