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HomeMy WebLinkAboutStaff Report 3.E 01/05/2015Agenda Item #3. X85$ V ay DATE: January 5, 2051 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan lei; F. ASCE — Director, Public Works and Utilities Larry Ziminer, P.E., - Deputy Director, Public Works and Utilities SUBJECT: Introduction (First Reading) of an Ordinance Authorizing the City Manager to Sign Two Easements Deeds Transferring Easement Rights from the City of Petaluma to PG&E Related to the East Washington Interchange Project RECOMMENDATION It is recommended that the City Council introduce the attached Ordinance Authorizing the City Manager to Sign Two Easements Deeds Transferring Easement Rights from the City of Petaluma to PG&E Related to the East Washington Interchange Project. BACKGROUND This same first reading was introduced at the December 15`h meeting and passed unanimously (6-0, with one absent). However, because certain recitals were inadvertently oimitted thus the item needs to be reintroduced. The East Washington Interchange Project, which realigned the on and off ramps, was a joint project with the City and Caltrans. The new ramp alignments required property rights acquisitions to build the new ramps and realign utility lines. The City was required to initiate condemnation proceedings with Syers Properties (Assessor's Parcel Number 007-350-008), the owner of a portion of the Plaza Shopping Center property, in order to complete the Caltrans -led construction project. The Final Order of Condemnation - Action of Eminent Domain (Final Order) was recorded September 12, 2012. The City and Syers Property agreed to the Settlement Agreement and General Release of All Claims dated April 30, 2013. The Final Order transferred all property rights to the City of Petaluma although some of those rights need to be with Caltrans or PG&E. The two attached easement deeds are specifically to transfer easement rights within the Syers parcel to PG&E for their maintenance and repair of their underground and overhead facilities. The Settlement Agreement describes the City's easement rights in general terms. The previously attached Easement Deeds were very specific in the easement rights that were being conveyed from the City to PGE. In order to avoid any discrepancy between the easement rights the City has received, and the easement rights the City will be conveying, the ordinance has been revised to authorize the transfer of the City rights under the Settlement Agreement, and the actual easement deeds will closely track the language as set forth in the Settlement Agreement. FINANCIAL IMPACTS The funding for the project is shared between the City and the Sonoma County Transportation Authority through a Cooperative Agreement. That agreement requires the City to pay a specific portion of specific phases of the project up to a total commitment of $4 Million. The work involved in developing the subject ordinance and easement documents is funded out of the project CIP budget and reimbursed in part through the SCTA agreement. The project is expected to be completed within the approved budget. The transfer will be done at no cost to PG&E, and no revenue to the City of Petaluma. ATTACHMENTS 1. Ordinance 2. Staff Report from December 15, 2014 ® Items listed below are large in volume and are not attached to this report, but may be viewed in the City Clerk's office. 3. Settlement Agreement ORDINANCE NO. N.C.S. EFFECTIVE DATE OF ORDINANCE Attachment 1 Introduced by Seconded by AN ORDINANCE AUTHORIZING THE TRANSFER OF CITY EASEMENT RIGHTS LOCATED ON APN 007-350-008 RELATED TO THE EAST WASHINGTON INTERCHANGE PROJECT TO PACIFIC GAS AND ELECTRIC WHEREAS, East Washington Interchange Project required the construction of new on and off ramps to U.S. 101 and the realignment of utility lines; and WHEREAS, the East Washington Interchange Project required the acquisition of certain easement rights at APN 007-350-008, owned by Syers Property I, L.P., to construct and maintain the East Washington Interchange Project; and WHEREAS, the Final Order of Condemnation — Action in Eminent Domain recorded September 12, 2012 as Instrument No. 2012089139, the "Settlement Agreement and General Release of All Claims" between the City of Petaluma and Syers Property, I, L.P. dated April 30, 2012 ("Settlement Agreement") and the Judgment of Condemnation — Action in Eminent Domain on file with the Sonoma County Superior Court, Case No. SCV 249701, July 17, 2012, granted the City three perpetual easements referred to as: 1) Joint (Utility) Trench Easement, 2) Sanitary Sewer and Water Easement, and 3) Overhead Transmission Easement as described in paragraph 15 of the Settlement Agreement, attached hereto as Exhibit A; and WHEREAS, Pacific Gas and Electric Company is responsible to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefore, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over, and across said lands; and WHEREAS, the City desires to transfer and PG&E desires to accept the Joint (Utility) Trench Easement and Overhead Transmission Easement; and WHEREAS, Section 46 of the City Charter of the City Petaluma requires that actions for the acquisition, sale, or lease of real property be taken by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: The City Council approves the transfer of the Joint (Utility) Trench Easement and Overhead Transmission Easement as defined in paragraph 15 of the Settlement Agreement to PG&E. Section 2: The City Manager is authorized and directed to execute documents reasonably necessary to complete the transfer of the Joint (Utility) Trench Easement and Overhead Transmission Easement as defined in paragraph 15 of the Settlement Agreement to PG&E. Section 3: If any section, subsection, sentence, clause, phrase or work of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful other otherwise invalid. Section 4: This Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. 4 Attachment 2 DATE: December 15, 2014 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. John, F. ASCE — Director, Public Works and Utilities Larry Zimmer, P.E., - Deputy Director, Public Works and Utilities SUBJECT: Introduction (First Reading) of an Ordinance Authorizing the City Manager to Sign Two Easement Deeds Transferring Easement Rights from the City of Petaluma to PG&E Related to the East Washington Interchange Project RECOMMENDATION It is recommended that the City Council introduce the attached Ordinance Authorizing the City Manager to Sign Two Easement Deeds Transferring Easement Rights from the City of Petaluma to PG&E Related to the East Washington Interchange Project. BACKGROUND The East Washington Interchange Project, which realigned the on and off ramps, was a joint project with the City and Caltrans. The new ramp alignments required property rights acquisitions to build the new ramps and realign utility lines. The City was required to initiate condemnation proceedings with Syers Properties (Assessor's Parcel Number 007-350-008), the owner of a portion of the Plaza Shopping Center property, in order to complete the Caltrans led construction project. The Final Order of Condemnation - Action of Eminent Domain (Final Order) was recorded September 12, 2012. The City and Syers Property agreed to the "Settlement Agreement and General Release of All Claims" dated April 30, 2012. The Final Order transferred all property rights to the City of Petaluma although some of those rights need to be with Caltrans or PG&E. The two attached easement deeds are specifically to transfer easement rights within the Syers parcel to PG&E for their maintenance and repair of their underground and overhead facilities. FINANCIAL IMPACTS The funding for the project is shared between the City and the Sonoma County Transportation Authority through a Cooperative Agreement. That agreement requires the City to pay a specific portion of specific phases of the project up to a total commitment of S4 Milfion. The work involved in developing the subject ordinance and easement documents is funded out of the project CIP budget and reimbursed in part through the SCTA agreement. The project is expected to be completed within the approved budget. The transfer will be done at no cost to PG&E, and no revenue to the City of Petaluma. ATTACHMENTS 1. Ordinance 2. Exhibit A to Ordinance — Easement Deed (Underground Facilities) 3. Exhibit B to Ordinance — Easement Deed (Overhead Facilities) ORDINANCE NO. N.C.S. EFFECTIVE DATE OF ORDINANCE Introduced by Seconded by AN ORDINANCE AUTHORIZING THE TRANSFER OF CITY EASEMENT RIGHTS LOCATED ON APN 007-350-008 RELATED TO THE EAST WASHINGTON INTERCHANGE PROJECT TO PACIFIC GAS AND ELECTRIC WHEREAS, the East Washington Interchange Project required the construction of new on and off ramps to U.S. 101 and the realignment of utility lines; and WHEREAS, the East Washington Interchange Project required the acquisition of certain easement rights at APN 007-350-008, owned by Syers Property I, L.P. to construct and maintain the East Washington Interchange Project; and WHEREAS, the Final Order of Condemnation — Action in Eminent Domain recorded September 12, 2012 as Instrument No. 2012089139 the "Settlement Agreement and General Release of All Claims" between the City of Petaluma and Syers Property, I, L.P. dated April 30, 2012 ("Settlement Agreement') and the Judgment of Condemnation — Action in Eminent Domain on file with the Sonoma County Superior Court, Case No. SCV 249701, July 17, 2012, granted the City three perpetual easements referred to as: 1) Joint (Utility) Trench Easement, 2) Sanitary Sewer and Water Easement, and 3) Overhead Transmission Easement as described in paragraph 15 of the Settlement Agreement, attached hereto as Exhibit A; and WHEREAS, Pacific Gas and Electric Company are responsible to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over, and across said lands; and WHEREAS, the City desires to transfer and PG&E desires to accept the Joint (Utility) Trench Easement and Overhead Transmission Easement; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: The granting of Easement Deeds in accordance with Exhibits A and B which are attached to and made a part of this ordinance is hereby approved. V �4 ,t Attachment 3 SETTLEMENT AGREEMENT This', Rartibi Settlemenf Agreement and General Release of All. Claims (the "Agreement") is made.as of'the L� day of A%�L 20.12, by and between plaintiff CITY OF PETALUMA ("CITY") and defendant SYERS PROPERTIES I, L.P., a. California Limited Partnership. (;.Syers" or "Defendant"j, with reference to the following ,facts,and`purposesa RECITALS WHEREAS, CITY _is :authorized 'to bring an eminent domain proceeding to' acquire property"for public use pursuant to and under*the provisions and authority of, and forthe purposes and uses:authorized by Article 1, Section 19, of the Constitution of the State of California; California Code of Civil Procedure sections 1240.010-1240.050, 1240.11.0, 1240.120, 1240.1`50, 1'240.350;. California Government Code sections •37350,6, 373.53,39792, .38900, 40401 and 40404; City of Petaluma Resolution No. 2009-172 N.C.S.; City of Petaluma Resolution No. '2009=075 N.C.S.; "Cooperative Agreement' between the City. of Petaluma and Caltrans dated June 3, 2009; "Cooper'ative Agreement" between City of Petaluma and Sonoma County Transportation. Authority. dated June 2009; and approvals by Caltrans for the East Washington Street/Highway 101 Interchange Improvements Project and acquisition by the City of the property and property interests necessary for same; WHEREAS, on May 20, 2011, CITY commenced an action entitled CITY OF PETALUMA vs. SYERS PROPERTIES 1, L.P., et al., Sonoma County Superior Court; Action No. SCV 249701 (the "Action"), to acquire a portion in and to Assessor Parcel Numbers 007-350-008 and 007-350-009 (the "Larger Parcel"), located at 261 N. McDowell Boulevard; commonly known to; 'the State; of California, Department of Transportation; as Parcel Nos: 60299=1'; 60299-2; 60299=3;' --and 602994, the following: a) Partial Fee Acquisition for Highway - 15,810 square feet I b) Joint(Utility);Trench Easement - 10,440 square feet c) Sanitary Sewer and Water Easement - 8,643 square feet d) Temporary Construction, Easement - 39;396 square feet e) Overhead Trarismission .Easement - 7,441 square feet Page t of 9 City of Petaluma v. Syers, et al. 9 (".the Subject Property"),'described and depicted in Exhibits "A" though "E-1," attached hereto and incorporated herein by this reference, for the;:East Washington Street - Highway 101 Interchange Improvements ProjecV("Project"), to enhance public safety, and improve traffic safety, and regional circulation patterns by upgrading the existing East Washington Street interchange and constructing a new northbound interchange ramp at the same location; WHEREAS, at.the timeW the filing of the Complaint -and Summons in this Action, SYERS Was,the,fee owner of the Subject Property; WHEREAS; in December 2010, CITY entered into an "Agreement for Possession and Use" with SYERS PROPERTIES I, L. P., which authorizes CITY to take possession of said property immediately or whenever necessary for construction of the Project; WHEREAS,- due to construction of LoWs Market on SYERS property and the temporary construction easement ("TCE") area to be acquired in this Action, the parties have agreed to and enter into a stipulation simultaneous'with.this Agreement, to change the alignment and decrease •the total square feet of the. temporary construction easement on SYERS' property that shall be acquired and used and to CITY filing a First Amended Complaint.to which the revised TCE is attached; WHEREAS, .VERS, has agreed to accept the consideration, terms and. conditions set forth in this Agreement; as compensation for its claims and interest in the Subject Property and the claims it•could have in this Action; WHEREAS, CITY and SYERS wish to settle any and all claims against each other that were or could have. been raised in this litigation; NOW, THEREFORE, in. consideration of the mutual promises, conditions and covenants contained in this Agreement, the.parties agree asfollows: AGREEMENT 1. The foregoing Recitals are true -and correct and are made a part of this Agreement. 2. As payment in settlement of the claims arising' from' or otherwise relating to the Action as described herein, CITY hereby agrees to pay to SYERS the sum of FOUR HUNDRED FORTY, -TWO THOUSAND'DOLLARS AND ZERO CENTS ($442,000.00)• (the "Settlement Amount"). Page 2 of 9 City of Petaluma v. Syers, at al. 10 X• %3. SYERS' agrees that payment of the .Settlement Amount constitutes just compensation .and full'satisfaction for each', and every. claire, cause of action or liability,- known or unknown, now or in the future, against CITY, its agents, employees, or authorizing authoritiesor public.entities, which is asserted or might have been asserted by SYERS in Case No. SCV 249101, arising from or otherwise relating to the Action, including but not limited to, specific apportionment of the Settlement Amount, compensation for improvements, abandonment, personal property, inverse condemnation, pre -condemnation damages, inventory,'furniture,. fixtures, machinery, equipment, costs, attorneys' fees, experts' fees, interest; loss of business goodwill and any damages of any nature and for any causes, excluding claims for damage to real and/or personal iproperty, and/or personal injuries, incurred during construction. 4. SYERS further agrees that this Settlement.Agreement does not apportion the Settlement Amount between SYERS and any other:third parties; including but not limited to, any lenders;: banks, creditors and/or mortgagees. Any and all claims. or rights regarding the apportionment ofthe Settlement'Amount that may exist now or in the future, between SYERS and 'any` other third party shall be determined separately and without the involvement of the CITY and SYERS shall indemnify and hold CITY harmless from any such claims for said Settlement Amount by any such third. party: 5. Due to construction of Lola's Market on SYERS property and the temporary construction easement•("TCE") area to be acquired in this Action, the parties have agreed to and enter`into..a stipulation:'Simultaneous with this Agreement, to change the alignment and decrease the:. total square feet of the temporary' construction easement. on SYERS' property that shall be acquired, used and i compensated. 6. The. parties agree that in December 2010; SYERS granted CALTRANS, CITY and their authorized agents, assigns, and/or successors, permission to enter, possess, and use SYERS's land, where necessary including within the Temporary Construction -Easement Area" as described'in Exhibit "D" attached to the Complaint and 4he "Agreement for Possession and. Use" and shown as the Page 3 of 9 City of Petaluma v. Syers, et at. 11 certain area labeled 60299-4 and shown on the map'as Exhibit "D-1" to same, for the purposes of construction activities such 'as, but not,' limited to, construction, staging, and storagerof and for the Project;. together with'the right of ingress and egress and anyworks necessary or appurtenant thereto,, over, through, under and across, the real property set forth 'in 'Exhibits ':D" and "D-1". The parties acknowledge that the areas originally identified on Exhibits D and D-1 to the original Complaint are being changed to accommodate Syer's contractor's access for the construction of the Lola's market and 'freight traffic to and from Lola's after 'completion of its construction as further shown on the two plans provided by Stantec and attached hereto as Exhibit "H'' for illustrative and demonstrative purposes -only, 7. SYERS agrees that it; does, not and will not object to any- substantive and/or procedural prerequisites to CITY'filing a First' Amended Complaint in Eminent Domain, including but not limited to the following: SYERS waives any claims or objection that CITY should re -appraise the property and/.or make another offer pursuant to Government Code section 7267.2; SYERS waives any claims or objections based upon ,abandonment; SYERS waives. any claims or objections C i=r Y that ^ r is required to serve a notice of intention to adopt a resolution of� necessity, conduct another hearing on a Resolution of Necessity, and/or adopt another Resolution of Necessity; and SYERS waive any and all other potential "right to take"objections;, notIpre'viously asserted in its answer to the Complaint in Eminent Domain, relating to the First Amended Complaint in Eminent Domain. 8. The "Temporary Construction Easement Area" .as described in Exhibit "D" and depicted in Exhibit "D-1," attached hereto and incorporated herein. shall replace and be in lieu of Exhibits "D" and "D-1" attached to 'the original Complaint, and wherever referred (or attached) in this and all other documents in this Action, including the :Possession and Use Agreement and Order for Prejudgment Possession. 9. A portion of the revised TCE set forth in the,attached Exhibits "D" and "D-1" shall be exclusive to CALTRANS:and its.contractor and agents during construction of the Project (that- portion behind the new Lola's) as described and depicted in Page 4 of 9 City of Petaluma v, Syers, el al.. 12 .c . f Exhibits "F" 'and "F-1`' attached hereto. Exhibits "F" and "F-1" are for demonstrative purposes only and will not be set forth in the First Amended Complaint. 10. CITY and SYERS agree that the term of the Temporary Construction Easement (."TCE") shall be thirty (30) months or less commencing on the first day of entry. by California. Department of Transportation's ("CALTR.ANS") contractor which is. agreed to be January2, 2012. 11. The TCE will be used for a'temporary exclusive easement, right of way, and access to other,poitions, of the Project area, for the purposes including, but not limited to, moving and/or maneuvering construction egdipment and vehicles, the temporary storage of'equipment and materials necessary for the construction of the Project, and appurtenant facilities, together 'With the equipment used in earthwork, the teinpora_ry spoil. of excavated ;material during the period of construction of said: facilities and'other operations: necessary over, through, and across that portion. of:6 0299-4, as set forth in Exhibits "D"' and "D=1" attached hereto. 12. It is expected thaf.the temporary rights granted herein. shall expire on June 30; 2014, or the completion of the construction project; whichever is earlier, except•• as provided herein. 13. SYERS. agrees that,. in case of unpredictable delays and provided that. CALTRANS' work .in the. areas described' and depicted in Exhibits F and F-1 -attached hereto no longer requires exclusive possession of *the areas adjacent to. Lola's. market, and, upon written notification, the terms of the temporary construction easement may be extended at the option of the CITY and its assignors on, a 1.onth-to-month'basis of the rate of $5,297.00 per month, if said extension'is approved -by SYERS: Said amount will be paid to SYERS in a lump sum upon completion of -the Project. 14. CITY, its assigns and successors, agree, upon, completion of the Project, the, j TCE area described: in Exhibit"D" and depicted In Exhibit "D-1," attached hereto, I hall be returned to its original condition asis'practicable. Page'5 of 9, City of Petaluma v.;Syem. at al. 13 15. In, addition: Eo the fee acquisition, described and':depict'ed,in Exhibits "A" and "A=1"'attac4ed hereto; and, for good -and I V-6lbab I . e �66 n sideraflon,- CITY, its successor and assigns; is acquiring t ree perpetual easements 1) Joint (Utility) Trench Easement, described and depicted"in Exhibits, 'B'-` and "13-1," attached hereto, (2) Sanitary Sewer -and Water Easement, described and depicted in Exhibits "C" and "C -1;;'' -attached hereto, both with exclusive -subsurface and non- exclusive surface rights;••and'; (3) Overhead;Transmission Easement, described and depicte&in Exhibits "E" and "E-1,", attached hereto, with exclusive air rights and non=exclusive.surface;rights, all and each'for. the purpose of laying down, constructing, reconsfructing, removing; replacing,; repairing',, maintaining, operating, and using asf.CITY, its assigns and/or successors may see fit for the transmission and distribution of utilities (gas, electric, phone; fiberoptics, telecommunications, etc,),: lines, wires, cables, conduits,;: pipes; sanitary sewer and water pipes and, pipelines and any and all necessary appurtenances, appliances, telecommunications equipment; backfill materials, manholes; water values and otherfixturesJor'use imconnection therewith -orappurtenant thereto, in, under; along and across:th"e Permanent EasemefitAreas ("Easement Areas") as described:and'depicted;in Exhibits "B" thrgugh "C -V' and: Exhibits"E" and "E- V' hereto, together'with the tight of'ingress::t'o and egress from.said Easement, Areasand the right at -,all times to enter in, over;: and, upon said Easement Areas across the Larger ParceGand every• part,thereof and also,to use said Easement Areas for all purposes -connected with the.laying down, constructing, reconstructing, removing', replacing, repairing, maintaining, operating and using said utilities, lines, •cables, wires, conduits, sanitarysewer and water pipes and/or pipelines, manholes, water•values,:and all necessary appurtenances. 16. Syers.fOrther:agrees that it, its heirs, successors; or aSsigns:shall not place or permit,to. be placed on said Easement )8reas, or the access thereto, any building or other structure,orpavement or drill or;operate:anywelI under orwithin the land described in Exhibits ''B;" °C" or "E" or construct any improvements within or above the land descri6ed'in Exhibit "E" without the. prior written consent of the CITY and CALTRANS' and/or -their assigns or successors•in interest. Page i of 9 City of Petaluma v. Syers, at al. 14 H 17. SYERS further'agrees .that it reserves the right to landscape or, make such other use ofthe•surface lands included within the Easenient,Area""s which is consistent with CITY's and CALTRANS', and their assigns and successors in interest, use and which will not interfere with the CITY'S and/or .CALTRANS', their assigns or successors; full, enjoyment and use of the Easements herein granted. In particular, SYERS shall not. -plant any trees or shrubs nor make a change in the existing surface elevati.on,(grade) of the Easement Areas by more than one (1) `foot without. -Prior wriften.consent of the CITY and CAL'TRANS or their assigns or successors in interest. 18. Upon completion of any work within the Easement Areas, as near as possible, the surface of the ground,§hall be restored to the condition in which it was prior to i the commencement•of'said work. 19. Payment of just compensation, to the Property Owners in the amount of'FOUR HUNDRED.AND FORTY-TWO THOUSAND DOLLARS,and No/100 Cents ($442,000.00) shall-be.made from the monies deposited with the State Treasurer in the Condemnation,D"eposits Fund, in the amount of THREE HUNDRED AND EIGHTY-EIGHT THOUSAND DOLLARS and NoM go;CentS ($388,000.00), pursuant to a Stipulation for Withdrawal of the Deposit, and shall be, payable to SYERS PROPERTY'I, L.P., and.forwarded to Brigit S'. Barnes, Brigit S. Barnes &. Associates, 3262 Penryn Road, Sujte200, Loomis, California, 95650. 20. The net amount due after withdrawal of the funds on%deposit with the State Treasurer and payable by CITY to SYERS, in the amount` of $54,000.00, shall be made within thirty (30) days from.the date this -Agreement is fully executed by the CITY. 21. The parties agree tt at,judjrnent in::condemnation as *to the real. property and real property -interests as described in the First Amended Complaint on file in this matter and as;described' and attached hereto may be entered for SYERS as the sum set forth herein this;Agreement made a part_ of this stipulation; the Statement of Decision, Notice of'Ent y of Judgment, and appeal.from the Judgment are hereby waived. City of Petaluma v. Syers; at al. Page 7 oi.9 15 22. Upon CITY'S, settlement, dismissal, disclaim or defaultW'all remaining defendants, a Judgment in Condemnation shall be filed in,conformance with the compensation and terms set,forth herein, similar to the draft'which is attached hereto as'Exhibit "G;" with the Superior Court of the County of Sonoma. 23. Both parties to this Agreement have been represented by separate and independent legal counsel in the negotiation and preparation of this Agreement. This Agreement has been. drafted on the basis of the parties' mutual contributions'.of language and the Agreement is; notto,be constructed against any party as being the drafter of this Agreement. 24. Should any term, clause, or provision of this Agreement: be found to be invalid, the validity of the remaining terms, clauses, and provisions shall not be affected. 25. This Agreement -shall blind and inure to the benefit of the successors and assigns of the parties hereto. 26 In the event.that legal action is instituted by either party to this Agreement, and said action seeks,darnages for breach of this.Agreement or seeks to specifically enforce the terms of this Agreement, and,, in' the event judgment is 'entered in said action, the prevailing party shall be entitled fo recover its attorneys' fees and, court costs. 27. This Agreement may, be executed in one or more counterparts, each of which after each party has sighed and delivered at least one such counterpart to each other party, shall have the same force and effect as an original executed by all parties. Dated: `A�Z� City of Petalbma v. Syers, el al. CITY'OF'PETALUMA a municipal corporation Page 8 of 9 City'Manager 16 -/ Itz. Dat": By," c2p 0 J.Tpedor Printed Name) Its:- SYER§ PRQPEf TY I,-L.R Qijfeocfnj. Fee Owner Aouraved as t6 form Dated BRIGITS. HARK -S A ASSOCIATES I 9 PERTY 1, L.P. Dated:- Nl.ayers, Nave, Rlbaa, Silver& MI sari E. Weer. SMA -M -P). 191 L "' 9 s,' -52. 1 cq Ef pulwartli d. sirs, a A By: Claudia J. G-6rham Aftomoys for PlaintPI cfTYOF PETALUMA Patio 9 of'] 17 i Dated: Approved as to form Dated :e Dated: E. Wash. StreetlH y. 101 1795387.1 City of Petaluma v. Syers, at (Typed or Printed Name) Its: _ SYERS PROPERTY I, L.P. Defendant, Fee Owner BRIGIT S. BAR -WS & ASSOCIATES for Defendant ROPERTY I, L.P. Meyers, Nave, Riback, Silver & Wilson Page 9 of 9 Claudia J. Gorham At for Plaintiff CITY OF PETALUMA 18 Dated: Approved as to form Dated: I I Dated: 12— E. 2E.: Wash, Street/Hwy. 101 .I 7953212.1 I Cily of Petaluma v. Syers, et @L (Typed or Printed Name) ItS. SYERS.PROP.ERTY1, L.P. Defendant, Fee Owner BRIGIT S. BARNES & ASSOCIATES By: Brigit S. Barnes Attorneys for Defendant SYERSPROPERTY I, L.P. Meyers, Nave, Riback, Silver & Wilson Page 9 of 9 �IDt�C� Claudia J Attorneys CITY OF Ml 19 20 Parcell (60299-11 Being a portion of the •lands of Syers Properties 'I,. L.P.,. a California Limited Partnership, as described In that Quitclaim Deed from Gayle' & Syers, at al; filed September 9, 2002,666F..Document No, 2002 135205;-Offclal'.Records of the County of Sonoma, and beingimore particularly described as follows: Commencing at a poin6on the existing right of way of the $talc of right of way"Is des6h6e6.164hetQ6itclaim Deed from J.L,,,Novsk an IheSlate of California, riled:Oclober 7, 1953 In Book 1233 of•.Offfci 381, Sonoma County Records; said point lying at the sOdthWBSIE course recited as "N. 36°25'29" E.,.884.07 fear In the last.sald d said Point of Commericerniml, North 55024'34" West; fora distance to a point on the common�boundary, of -.said lands of Syers=Propert of Maria I.. Novak Trustee of'the Maria I. Novak, Trust; dated'M©r De Bernardl, successor Trustee under the Joanne Nevak!SL, Cla Agreement, dated December 23, 1996, and Joseph Felix, a }videw Felix a married man as;hissaia.andseparate property, as Survivtn described in the Grant Dead recorded May 30, 1973 in Bock; 2 Quitclaim Deed recordediMarch 26, 1991 as Document No.. 91 Quitclaim Deed recorded.. August 3;.2009 as Document No. 2009 Records of the County of Sonoma; thence, along said, edm7no 36°46'58" East, fora distance of 12:117 meters toithe POINT OF parcol to -be nerelil.described; ',alifornie, as said 'Marla 1. Novak to 'Records at Page y_termInus of the ad;' thence. from les I, and the lands ch 4, 1991,;Darlene it Irrevocable Trust ar and Stanley M. g Joint Tenants, as 767, Page 460, the -6026172; and the 076131, aWOfnclal n: bouridary, North BEGINNING of the thence, leaving said common boundary, North 58°22'44 West, fora distance of 47.248 meters; thence, South 36051'17"'West, for a distance of 3.568 meters; thenco, North 55`24'34" West, for a distance of 23.266 meters; I thence, North 64'04'07" West, for distance of 3.985 meters; thence. North 55°24'34" Wost, ford distance of 67:127 meters; thence, North 58°1OW" West. fora distance of 1'14.170 meters,lo the existing right of Way of the Stater of California, as-.said.rlght of wayii's described in thatQultclalmDyed from J.L. Novak and'Marm I. Novak to'iho State of;California,Aled October 7, 1953in Book 1233 orOfficlai Records at Page 381, Sonoma Cbunty`Records; thence along said right of way of4ho State of California, South 55°24'34" East, for a distance of 275:233 metefs:to the common boundary Iine'6etween said lands of Syers Properties I, L1P, and sold lands o(Novak,:el el; thence, along said: common boundary. line, North 36'46'56" East, for a distance of 12.117 mehiis to the POINT OF BEGINNING. K:IEngODt9990641nocs1Ley5lst2421 Syem ROW.duc 6112110 21 Containing 1,469 square meters (0.147 hectares), moro:or,less, This cwnveyanca is made for the purpose of a freeway'and.lho'grantor.hereby releases and relinqulshas to the'grantee any and all abuitees'rights Including access rights, appurtenant to grantor's remaining property, in and to'sald.freeway. Basisof bearings: Callfomla Coordinate System.. NAD 83,, Epoch 1991,35, Zone 3. Divide the above dietances'py0.999956886 to obtain ground;distances. -.Prepnrbd by: >BKF (Caels)izoll EEXp; K;IEnp091A99AA1\enc;llegais12921 Syc�s RDRAoc eplum 23) IN QQ PRpF 24 . i o ao al -'e ar ' m 2� a lo�`g i M a N `N 15 "L N ! N �l I u N b 4 0 x v I• J'hO�tE, ., � o 'Av��` 4 i N _ N I �[•ff r .I P On��it o 6d(E p Cot of v Gie�" J(PtB�YIQc psn"^ y qq�rT�9 d� S S ITT S� i I 4Ai IVI SITY,VGraV- SWE£7 h o� V E N awl nt m v _.-91mo'occ' acs:"»m y a UH 7 p �d> 3 ... .. � �t 19�� I oB n'1 ,I f 25 Em 26 D'ulnih,W.n Gumonl Rov, (07109) LD 2405=07-1436 2010159 (01-09-021) 6 101 Lakeville —Petaluma C Blcc. & Gas Distribution (APN 007-350-008) Tho strips of land situate to Iiia cityof Petaluma, county of Sonoma, state of California, described as follows: STRIP 1. A sirup of land ofthe uniform width of to feet extending fiiom ille southensterly boundary Inc of Parcel No. 2 as shown upon PARCEL MAP No. 6, filed foe recoitl December 13, 1968, In 136ok.109 of Maps -at page 15, Sonoma County Records, northwesterly to the easterly boundary line ofthegprUod,of the strip of land delineated with heavy dashi d lines upon Pacific Gas slid Blectric Company's Drawing No. LN -9159, Chg. 1, attached to the Correction Decd between Giirrison-Petalumn.Asscelaws and Pacific Gasand Electric Company dated March 19, 1981, rind: record_ ed as Recorder's Scrial No. 81023318, Official Records of SonBma`,'Coiidty;'ivhich'ji'oi•tlon;'for' identifc'Atioh oidy, tis'3litiWn up6hiaWDtawurg has a' corder line bearing of;S l2° 17' 39"W and a length of 159' +1- , and lying 5 feet on each side of the line described as follows: Commencing at the found 2 -inch BrassDiskshown upon said PARCEL MAP No. 6 as marking the northwesterly terminus of mcoorse in the center line of McDowell Boulevard, (for identification only said course as shown upon said PARCEL MAP No. 6 has a hearing of N549 1'30"W and a length of 759.80 feet) and running (a) south 270414" west 888.72 feet to a point iq said soulheasierly boundary Ibre of PARCEL:No. 2, being the TRUE POINT OP BEGINNING ofthis line; thence leavingsaid sonihedsterly boundary line (1) north 51'28'17" west 5.33 feel; thence (2) north 69018'26" west 152.70 feet; thence (3) north.55"28'•39" west 17;54,feet to o point herein for convenience called Point "A'; thence continuing ' (4) north 55°28'39" west 410.70 feet to a point herein for convenience called Point'B"; thence continuing (5) north 55°28'39" west 30.38fact; thence (6) north 54°15'59" west 241.35 feet, more or less, to a poW in said westerly bnmrdary line. STRIP 2. A, strip of land of the uniform width of 10 feet extending northenstarly from the northeasterly boundary line of the strip of land hereinbefore -described antl'dcsignatul STRIP 1, and lying 5 feet on each side of the line which begins at said Point "A"; and runs thence north 34°31'21" east 13.00 feet to a point Within said PARCEL No. 2 27 Dluribullon P=Menl Rev. (07/09) STRIP 3. A strip of land of the uniform width of 10 feet exlending'northcasterly from the northeasterly boundary line of said STRIP 1, and lying 5 feet on each side of the lure which begins at said Point"B"and . runs thence north 34031'21" cast 30.00: fact to a point within LOT B as shown upon'Parcel Map No, i49, filed for record May 30, 1979, in Book 289 ofMaps at page 6, Sonoina County Records. STIUP.4. A strip oEland•of the unit'orm width of 10 fact, Lying 5;Ct.or, each side of ilia Us described as follows; Commeacing Rt die found 2 -Inch Brass Disk shown upon. said PARCEL MAP No. 6 as markingrthe northwesterly terminus of a course in the center line of McDowell Boulevnrd, (for identificalion!:only, said course as shown upon said PARCBLMAP No. 6 has u beating of N54e31'30,"W and a length of 759.80 feet) and Winning (a) south 45°44'53"west 779.44 feet to a point in an existing Line of poles erected on said Parcel No. -2 under andby virtue of the decd from Eliza Graver to Great Western Power Company dated June 25, 012; and recorded in Book 294 -or Meds nt;page 421,'Sonomr�Couhty Records, being the TRUE POINT OF. BBGMNINO of this line; thence (1) south=30°06'30i'east 19.55 feet; thence (2) south 37°21'47" cast 78.92 feet; thence (3) south 49°56'59" cast 13.73 feet; thence (4) north 83°31'31' cast 9.79 feet; thence (5) north 37'09'52" east 42.00 feet to a pbinCiviihin Wd,PARC) L No. 2 The foregoing descriptions are based on a survey made by,seopnd.pattylnApril, 2010. Bearings are based on the Californln Coordinate System'(CC5837 EPOCH date 1991.35), Zone 3, and arc based otrGlobn1 Positioning System (GPS) observations. All.distances used hcrcln arcgrid distances.'To obtain ground distances, multiply ground by.0,99996886. 28 r m cn Nm V - O m Z I I, _rrI :I] n LnO U M T 0-0 v mov _UIn mm 'mm n _I x i< m Mm m >-QX cox nx rx m n 0 X nm x CA o P, v1- m- r ��, z ZO -;V --o -n V) � mc•o min MVI OLn '1 o 0 -i -D •-•-� -O S - z o _1 K-1 '_i -1 m Q N ..- zo 0 MOM mM-m.- X-• : C) SPP o . O 40 -0 M '�.. r m z g ow P+ zmm n;z zz IZ M Op CD 7 1 m o C, m m -1 70 V10 -117 170 z `� Ni 0 r 30 Parcell (60299.3) Being a portion of the lands of Syers Properties I, L.P., a Califomla Limited Partnership, as described in that Qultclalm Deed from Gayle S. Syers, at al, filed September 9, 2002 under Document No. 2002135205, Official Records of the County of Sonoma, and being more particularly described as follows: Commencing at a point anthe existing right of way of, the StaWof California, as said right of way Is,described In that Quitclaim Deed from J.L. Novak and Marfa L Novak to the Slate of Califomla, filed October 7, 1953 In Book 1233 of Official Records at Page 381, Sonoma County Records; said point lying at the westerly terminus of the course recited as W. 36025'29" E., 884.07; feet"; thence; from:eald Point of Commencement, Norih 55°24'34" West, fora distance of 243.755 meters to a point on the common boundary of sold lands of Syers Properties I, and the lands of Made I. Novak, Trustee of the Marla I. Novak, Trust, dated March 4, 1991, Darlene Kehoa, successor Trustee under the Joanne Novak St. Clalr Irrevocable Trust Agreement, dated December 23, 1996, and Joseph Felix, a widower and Stanley M. Felix a marded man; as his sole and separate property, as Surviving Joint Tenants, as described In those deeds recorded In Book 2767 of Official Records at Page 460, Document No. 1991-026172, and Document No, 2009-076131, Official Records of the County of Sonoma; thence, along sald.common boundary, North 35"46'56" East, for a istance of 25.040 meters to the Point of Beginning of the parcel to be herein described; thence, from said POINT OF BEGINNING, leaving said common boundary, North 51°28'17" Wes6.fora distance of 1.817 meters; thence, North 63'06-07" West. for a distance of 83.950 meters; thence, North 55°28'39" West, for a distance of 101,611 meters; thence, North 54°15'59" West, for a distance of71.727 meters; thence, North 12°53'26" East, for a distance of 3.307 meters; thence, South 54°15'59" East, for a distance of 2.827 meters; thence, North 13°23'52" East, for a distance of 3.533 meters; thence, South 54"15159" East, for n distance of 3.295 molers; thence, South 13"23'52" West, for a distance of 3.533 meters; thence, South 64'15'59" East, for a distance of 66.856 meters; thence, South 55°26'39" East, for a distance of 101.376 meters; thence, South 63406'07" East, for a distance of 84.057 meters; K:1Big09109900410ocs1Legals1242 i_Syeis SS&WAdcc 8x121 to it thence, South 51026'17" East; for o distance of 2.035;moto6s; thenco, South 36°46'56" West, fore distance of 3,049.meters to ihe'Polnt of Beginning. Containing: 803, square.motors:(0.080 hectares), more or less. Basis of bearings: _Californla Coordinate System NAD 83, Zone.3. Dlvldo tho above distances by, 0;9999668d6'to obtain ground distances. 'Pref Oad by [3{CF rid nzoll Ltc, JC:1 p91O99p541C)ocslLugalRi21!27 Syeis 3SE4;A:doC nrtz o 3? �._.. � '� .... I �i IS BRASS DISK .MARKING STATION 760+00 ON "F" UNE LOT A i z a S35 57 10 YI;] .� 0./120m yL I \ --`POINT OF /'— =STATION .. 76+.31.081' OF 'Pi LINE COMMENCEMENT EXISTING GRASS DISK MARKINGI E SANITARY SEWER 7 zO STA 750+77 .67 OF "F' LWE ON :130-076660 ml N SEE'. DETAIL "O° ,O pPm,1,1. M 1. MAP 149 D.ETAIL,._A . ;.FAIL P89 11 ps E N07 TO SCALE LOT 6 1,41253'26"E ' 'w 85415'69'k O•.LANDS OF .. ..i' 2827in \ ,, r I` SYERS PROPERTIES I, L.P Ni32352-E .'0 DN 2002-=135205 3.533m � I�LLL»ll= J .m 0L m r' t0 I. sum 538'46 � 31049n A oh"*akk POINT OF BEGINNING r�( J SEE or. TAIL "n' ;f ,03 Ii Y i1 0 3.295m N:. I 513'26 52 W / PARCEL 2 Vim— DETAIL .'.B' NOT TO SCALE "14 109 7YI4Ps LANDS OF NOVAK, ET AL,O 2767 O.R,, 460 ON 1991-026172 seal DN 2009-076731 P,41RCEL 1 325 TE SCONI CIRCLE. _ SANTA ROSA, CA 95401 'OVE THELANDS'OFS PHi 707-542-6465 Job Nn. 20099084 FAX: 707-542-1645 13y J,JAK _ Dote FEB 2010 ,Ch1 SHEET I OF 3} 35 EXNIBIVk' TEMPORARY CONSTRUCTION EASEMENT Parcel 1"(60299-4) Being an easement for-constructionpurposes and incidents thereto, upon; and, across a portion of"the,lands•of Sye'rs Properties I, L.P., a California 'Limited Partnership, as described-in,:that' Quitclaim Deed from Gayle S. Syers,'efal, fledseptember% 2002 under Document No. 2007 135205, Official Record's of 'the County of Sonoma, and being,more.particularly described as follows: Commencing at a, point -on the existing right of way of the; St63,df California, as said right>of'way is desonbed irnthat Quitclaim Deed from ji. NIovak:and`.Maria I., Novak to the State;of California; filed October7, 1953 in Book 1233.of Official Records.at Page 381, Sonoma County Records, said point lying at -the westerly,,"terminusof the course recited as N. 36°2529 E-;;884 07 feet' in the last said deed,�thence, from said Point of Commencement, North 55°24'.34" West, fora distance of, 243:755 meters to a point on the common line' between Parcel 1 and Parcel 2 as shown on City of Petaluma Parcel Map No. 6;., filed :in Book 109 of Maps, at Page 15, Official Records of the County of 'Sonoma; thence, along said common line North 36"46'56 East, for a distance.of 12.117 meters to the 'POINT OF BEGINNING -of the parcel to be herein described; thence, from said Point of Beginning, leaving.said common line,'North,58°22'44" West, fora distance of 47:248'meters; thence, South.36°5117" West, for a distance of 3.568 meters; thence, North 55024'34" West, for a distance of 23.266 meters; thence, North 64004'07"`West, for a distance of 3.985 meters.; thence, North 55'24'34" West, for distance of 87.127 meters; thence, North 58010'07"-West,!fora distance of 114.170 meters;te the northwesterly boundary' `of said lands-of.Syers Properties I; thence, along said noiihwesterly boundary, North 36°51-'12"`East, for a distance of 3.060 meters; thence, leavingsaid northwesterly' boundary, South 58010'.07" East, for "a distance.of 160.544 meters; thence, North 36°44'50" East,.for a distance of 8.903 meters; thence, South 53°1610" East, for a distance of 28:214 meters; thence, North 36044'50" East, for a distance'of'45010 meters; K:IEng09109900410ocslLegals12421 Syers_loe.doc M0112 36 thence, South'53°1510" East, for a distance of .12.580:meters; thence, South 36046'57.West, for a distance of 35.462 .meters; thence, South.54009`41" East„fora distance of 23.378 meters; thence, South 43°34'42” East; fora distance of 16.571 meters; thence, South 63006'07" East fora distance of 33.067 meters; thence, South 51028'17" East, tor'a distance of 2.035 meters; thence, South 36°46'56" West, for distance of 15.972 meters to the Point of Beginning. EXCEPTING THEREFROM the following parcel of land Being a portion of the .lands of Syers Properties I; L.P., a California Limited Partnership, as'• described in that. Quitclaim Deed from Gayle S. Syers, et al; filed September 9, 2002 under Document No. 2002 135265; Offciat,Records of the County of Sonoma, and being more particularly described asfollows: Commencing.at a poigon the existing right of way of the State of California, as said right of way is descnbed,in that Quitclaim Deed from J.L.• No3ak and Maria I...Novak to the State of California, filed'October7, 1953 in Book 1233 of'Official Records at Page 381, Sonoma County Records:'said point lying at the westerly terminus of the course recited as "N. 36°25'29" E.,. 884.07 feet"; thence,. from said Pgint of Commencement, North 55024'34' West, fora distance of 243.755 meters to a point on the common line between Parcel 1. and Parcel 2,as�shown on City, of Petalurni 'Parcel Map No. 6, filed in Book 109 of.Maps; ,af Page 15, Official Records of the'Couhty of Sonoma; thence, along said common line, North 36°4G'5G" East; for a distance of 25:040 meters: to the POINT OF BEGINNINdof the parcel to be herein described; thence, from said Point of Beginning, leaving said common line; North 51°28'17" West, for a distance of 1:81,7 meters; thence, North 63'06'07" West,, for a distance of 83,950 meters; thence, North 55°28'39" West, for a distance of 30.588 meters; thence, North 36044'50",East, for a distance of 3.056 meters; thence, South 55028'39" East, for a distance of 30.267 meters; thence, South 63°06'07" East, for a_distance of 84.057 meters; thence, South 5162817" East, for a distance of 2.035 meters; K:1Eng09109908411)oc \Legals12421 Syers Ice.doc 1110112 37 thence, South 3604U66 West,.fora:distance of.3i049-meters to the Point of Beginning. Containing 2,584 square meters (0.258 hectares), more or less., Basis of Bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3. Divide the above distancesby 0:999966686 to obtain ground distances: Prepared by: BKF ! Carlenzoli No.4760 ..Dated:. L U Z -- Nd. ww ..ai K1Eng091099004ftcs1Legal0421 Syers_Ic Aoc _. 1110112 3S 39 I gym\ LINE TABLE LOT. A" EXHIBIT ,,B, .' N3651112"E //- 3.060m f f , _ BEARING O m e w 3 �f0 N36146'S6'E- N J la 7PAF'CEL 'JWAP 14J m L4 m 8.903m LT. 01 289 JVM PS 6 L8 m 3 to S36'45'55'W 3.049m LOT �i vi � .,13 FUTUREkRIGHT OF WAY UNE — LANDS OF o ...,.S.Y..ERS. PROPERTIES I, L.P. DN 2002-135205"---' U T' •5}T Le m �O Ll.l 14 S5528'39`E 30.267m f �m 5'10"E- PARC -El � a �I �I� N76.44'S0'E 3' f P m O w'- L-- 45_01 m S53'15'1 O'E .E /I'I1� �- 125B0m om w mI.lY�S 7-1Y H',.� I h..-) 35.462m gym\ LINE TABLE b _ BEARING IDISTANCE L7" e 3.568m L2 N36146'S6'E- I 23.266m V 12117, 1 3.985m L4 m 8.903m LT. :N '.W 30.588m L8 N35'44'50%E � I 4 N n S36'45'55'W 3.049m rl � N gym\ LINE TABLE LINE _ BEARING IDISTANCE L7" S36'S1117 3.568m L2 N5524'34"W I 23.266m L3 'N64'04'07'W 1 3.985m L4 N36'44'50'E 8.903m LT. :N '.W 30.588m L8 N35'44'50%E 3.050m L9 S36'45'55'W 3.049m gym\ 3 J!II N51'28 17 1.817. 1 \551'28'1 'OF BEGINNING, 'TION.PARCEQ YE I�5,..�_ S35'46'56'W 15.972, o Z �z 3 DETAIL 'A' J NOT TO 'SCALE ,SEE•DETAIL 'A' PARCEL, M4 6 "OF'BEGINNING jO_q jWjj J 15 PPON'PARCEL) - LANDS OF NOVAK,- ET AL 2767 O.R. 460 ON 1991-026172 0 40 100 DN 2009-076131--�T — SCALE 1:2000 ME7=RS (N36'Z5'291E 884;07'_- PER 1233 O.R. 381)' No. auy 325 TESCONI CIRCLE SMect TEMPORARY CONSTRUCTION EASEMENT fulu ®® ", p,?=,jF PK 707 55'42- 6465 07 JJob �No. 20099080F SYERS PROPERTIES I C ® L $ N Z O.L I FAX: 707-542-9645 By JAK Date DEC 2011 Chkd.RHT ENGINEERS/SURVEYORS/'Pt NER5: SHEET 1 OF 1 421EXHB-5,,TCE.dwg 40 m 41. LD 2405-07-1434 2010154 (01-09-621) 6 10 1 - Lakeville —PotnIumn -Lakeville—Potnlumn C 60kV Transmission Line (APN 007-350-009 por.) The ships of land si mate in:,tlie city of Petaluma, county of SOnnnla, $late of California, described as follows: STRiP 1. A strip ofl:wd, of the uniform width of 30 feet lying 15 feel on each side of the line described ns follows: commencing at;the found 2 -inch Brass' Disk. shown upon said PARCEL MAP No. 6, as marking the noi-thweslerly terminus of,a course in tirc.cenler line of tvlcDosvellBo3i(cvard,;tvlifbh course as sliowrt upousaid PARCEL MAP No. 6 Irns a bearing 0FN54°37'30"W nud a length of759.80 feet (N5301W00''W for this duscriplioit), and runniirg (a) iollth:46054'45" west 769.95 feet to the TRUE POINT Or BFOrNMNG of this line; thence (1) south 1'43'35" west 15.00 feet to a point In the existing line'of poles erected on said lands of first partyimder and by virtue of the right bf way and easement conveyed by'Elizn Grover to Great Western Power Company, predecessor in interest, of Pricific Gas and Electric Company,`deled Jime.25, 1912,.pnd recorded in Book 298.of Deeds at page 421, Sonoran County Records, herein for canvenioncle called Point "A'; thence continuing (2) solidi 10,13'35" west 169.14 feet to a point herein Tor convenience Called Point "B"; thence (3) south -36'19'23" wast 52.03 feet, mine or: less; to it point in the'gcncrvl solidrwcstely boundary line ofPARCrL No. 2 as shown on PARCEL MAP No. 6; llie 'si le lines' of said.strip shofl. bc.letglberied or shortened at the southwesterly 4ermini thereof so as to lemiu nc In said southwesterly boundary line. 42 STRIP 2. A strip of hind of the uniform wid(li of IO feet extending easterly from the easterly bmindnry line of the strip of land hereinbefore described and designated STRAP 1, and lying 5.0 feet on each side of the line described as follows; BEGINNING atsdid Point "A"; thence (1) sodth'70°56'27" east 35.00 feet to a poilit wi_thlwsaid lands. STRIP 3. A -snip of land of the uniform width of 5 feet extending easterly from the easterly,nnd.smid easteriy boundary lines:of said STRIP 1, and lying 2.5 feet omeach side of the line described as follows: BEGINNING at said Point "B"; thence (1),soutli�70058'3 P' east 48.00 feet to a.Poin1 within said lands. The foregoing descriptions are based on a survey made byseconiilparty in April, 2010. Bearings we based on the Californin.Coordinale System (CCS83 EPOCH elate 1991.35), Zoac 3, and are based'on Global PositiouingSystem (GPS) Observations. All distances iised herein are grid distances. To oblain ground distances, multiply ground by 0.99996886. STRIP 1, STRIP 2?aid STRIP 3 contain 7,441 net sglimefeet, more or less, and are shown upon Pacific Gas and Electric Conipmiy's Drawing No. L-9125 attached hereto for reference pugroses only, APPROVED AS IO DESCRIPTIO Step, n ].:Hulick, PLS 6618 Exolres.12/31./2011 41 44 T.05N R07W M.D.:B,;M- SE 1/4 DF NE 1/4. 8 NE 1/4 OF SE 1/4 SEC. 28 LINE., . BEARING.*. DISTANCE Ll SO) -.43'35,:'W I.S. 00' — LZ -- f7'O'5627-E —'-' 35-00 S 111 * 13_3 _�3 4 S70.58, 311 C 48: 00' EASEMENT 1386 O.R. 3! SEWER LINE EASEMENT 1 128 0. R. 1 SEWER LINE, JEXISTI POLE 4 41 POLE ""/ S't' M.LD 2105-07 294 D. 42,1 EASEMENT. 2164 U.R.- 599 PAC BELL of PDINT "A" PROPOSED POLE 44415 fl�STRIP 2 FARC911. H@. 2 PARICOL MAP M@. 0 100 MAPS 95 30, APN 007-350-008 SYERS PROPERTIES 1.,• L -P, a Cal ;-FornI0 L'imi'ted Portnershipp SER.. No. 2002135`205 PROPOSED EASEMENT AREA = 7.441-F/- So. FT. CENTERLINE OF.'30'F,.00T WIDE STRIP i. TRANSMISS1ON AND DISTRIBUTION OVERHEAD" ELECTRICAL EASEMENT. PPOLE,,_/G/ STRIP 3 /00 PROPINT "" OPOSEDBPOLE ,7 .00 LEGEND0 - YY'41 s}o0 Nati X PROPOSED PO ;5 I I PER 109 m P I ®r ,9 REFERENCE: RIOT OF WAY rin APPRAISAL MAP Basis of BeariQgs a gs or() b .. ase I d 1 0 1 n Cal•i'f,ornl.a Coordinate No. A-10333.13 :System (.CC583 EPOCH ('.9 1-35'1 ZONE 3 and are Dosed on GIobCIJ Positioning SysytD6 JGPS) Observations. AUTHDRIZAII 2. 30471419/0050 LAKEV[LLE-PETALU M A C BY J. RUDNICK L 0 CA T L� INComm �t DR K. FILLISO 60 KV RE �AUI -13S 'PROPERf I[ _S C11 1. ESHINE)ZA SYE I I 511HTNO.' Of I CITY OF PETALUMA [Nennc O.K. S. HULI�K PACIFIC GAS AND ELECTRTC,COMPANY 0-71,11-6 ,DATE 04-06-20iO i can Francisco Callfoirnia 45 EXHIBIT''A'.' FENCE ENCLOSURE AREA Being a temporary construction casement upon and, across:a portion of the lands of Syers Properties 1, L.P., a'California Limited Partnership, as,described in'that Quitclaim Deed from Gayle,,S. Syers, et al, filed September 9, 2002 under Document No. 2002 135205; 'Official Records of :the County of Sonoma, and being more particularly described as follows: Commencing at a,polnt on the existing right oi'way of the State of Californiaq, as said right.of way is•descWed.m thalsQuitclaim Deed fro m,J:L. Novak.and Maria I. Novak to the State of California,:filed;October 7, 1953 in Book 1233 of Official. Records at Page 381, Sonoma County. Records ;said point lying atAhe westerly,terminus'of the course recited as "N. 36°25'29"'E., 884:07 feet"in.the last said deed; thence, from said Point of Commencement, North 55924'34"`West, for a distance of 243.755 meters to a point on the common line betw_ een, Parcel 1 and Parcel 2 as shown •on City of Petaluma Parcel Iviap No. 6, filedin Book 109 of Maps, at. Page' 15, Official Records of the County of Sonoma, said 'point being the POINT OF BEGINNING' of the parcel to be herein described; Thence, from said Point of;Beginning, along said common'line; North 36°46'56' East, for a distance of 28:089 meters; thence leaving said Iine;.Nath 51°28'17" West, for a distance of 1035 meters; thence, North 6300.607" West, for a distance of 33.067 meters; thence, North 43034'42' West; for a distance of 16:571 meters; thence, North 54°09'41" West, for a distance of 23.378 meters; thence, South 36°46'57!' West,; fora distance of 27:709 meters to the northerly line of said existing:right of way of the State of California; thence, along said right of`way; South 55024'34" East, for a distance of 74.376 meters to the Point of Beginning. Containing 1,963 square meters (0.196 hectares), more orless. Basis of Bearings:.California Coordinate- System .NAD 83, Epoch 1991:35,. Zone 3. Divide.,the above :distancesiby 0:999966886 to obtain ground distances. K:1Eng0910990841Docs Legals1o99084_Syers_Fen6e.doc - V10112 46 Prepared by: BKF I Carlenzoli 111011�- Ralph H. Thornas;Q,.S'. No. K:1Eng091099DS41DocslLegals1099004_Syers_Fence.doc 1110112 47 io> 48 LOT A EXHIBIT ' B" F -------------- DO m o m I m PARCEL M4P 149 m 239 IMFS 6 m i Lai 9 N LANDS OF m _ _ o SY___E_RS PROPERTIES 1, L.P. ON 2002-135205 m r ru m w w P,1'RGEL 2 m sasmc'S7+w � 0 ,2iio5rr 23.376m t N43 -34'42'W m a/ 10.571m f✓ % I. .. N63'O6'O7'W POINT OF 33'057m, V BEGINNING 28.O6sm-2.O35m PZ REEL ll,M,P ,6 36'4fi 56 E./�' m E 10-0MAPS 1 m n LANDS OF NOVAK, ET AL N 2767 O.R. 460 Y I ON 1991-626172 0 40 100 X DN, 2009—D76131 z PARCEL 1 -SCALE 1: 2000 METERS LTn10 H� POINT OF (N36-25'2O'E 8a4.O7' - PER 1233 O.R. 3O7) COMMENCEMENT �Igl ca l l t2r- RALP .H. 3 4760 ®® ,` 6 n 325_TESCONI CIRCLE SubJJ''CE FENCE' ENCLOS SANTA.ROSA, CA 95401 OVER`THE-LANDS OF SYERS PROPERTIES I ® I I' PH: .707-542-6465 Job No. 20099084 Ct1RLI NZOLI FAX: 707-542-1645 By JAK Dote DEC 2011 Chkd.RHT ENGINUnS(SUHVEYORSYP0NNER9 SHEET 1 OF 1 alltxntl—]wto—rnnco.dxg 49 50 2 3 4 6' 7 s 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAUDIA J. GORHAM, SBN 142344 cgorham@meyersnave.com. MEYERS, NAVE', RIBACK, SILVER & WILSON 555 12th Street, Suite 1500 Oakland, CA 94607 Telephone: (510) 8082000 Facsimile: (590) 444-1108 Attorneys for Plaintiff CITY OF P.ETALUMA Exempt from filing fees per Govt. Code §6103 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA CITY OF PETALUMA, a Municipal ) CASE:NO: SCV 249701 corporation, ) ASSIGNED�FORtALL PURPOSES TO Plaintiff, ) Honorable Arthur A. Wick Department 19 V. ) JUDGMENT OF CONDEMNATION — SYERS PROPERTIES I, L.P., a California) ACTION IN EMINENT DOMAIN limited partnership, et al:; APNs:. 007=350-008 and 007-350-009 Defendants. ) ) ) ) ) Complaint Filed: May 20, 2011 2 3 4 s 6 7 8 9 10 11 12 13 14 Is 16 17 1s 19 20 21 22 23 24 2s 26 27 2s In the above -entitled cause, plaintiff CITY OF PETALUMA ("City") and defendant SYERS PROPERTIES I,. L.P.:(hereinafter "Syers" or "Property Owner") and defendant SEARS HOLDINGS CORPORATION, a Delaware corporation, successor -in -interest to Kmart (collective "Defendants")', having stipulated that.judgment be entered as follows: IT IS HEREBY ORDERED, ADJUDGED.AND DECREED that upon payment of compensation to defendant SYERS' in the amount of FOUR HUNDRED FORTY-TWO THOUSAND DOLLARS AND ZERO CENTS ($442,000.00); inclusive of interest and costs Property Owner -of the propertylocated at 261 N. WDowell.Boulevard, Petaluma, California, Assessor's Parcel Numbers 007-350-008 and.007-350-009, the property described in the Second Amended Complaint in Eminent Domain (a Partial Fee interest, Joint (utility) Trench Easement, Sanitary Sewer and Water Easement, Temporary Construction Easementand.Overhead Transmission Easement,' Exhibits A through E-1 thereto and attached hereto and incorporated herein by this reference), together with the right of ingress and egress within and to said easements ("Subject Property"), to use for; purposes connected with, them, shall be condemned for the public use of plaintiff, to wit, the East Washington' Street—Highway 101 Interchange Improvements (C-1) Project ("Project"). IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the permanent easements' include therright to install any and all appliances or, devices necessary for the proper repair, maintenance, operation, replacement and improvement of the utilities an water/sewer transmission pipelines therein respectively. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that In addition to the fee acquisition, described and depicted in Exhibits "A" and "A-1" attached hereto, and, for good and valuable consideration, CITY, its successor and assigns, is acquiring three 7i 1 on in Eminent Domain 52 IN 3 a 5 6 7 8 9 10 I I 12 13 I, 15 16 t7 1s 19 20 21 22 23 24 25 26 . 27 28 perpetual easements: (1-) Joint (Utility) Trench Easement, described and depicted in Exhibits "B" and "B-1," attached hereto, (2)•Sanitary. Sewer and Water Easement, described and depicted in Exhibits "C" and "G1," attached hereto, both with exclusive and non-exclusive surface rights, and, (3) Overhead Transmission Easement, described and depicted in Exhibits "E" and "E-1," attached hereto, with exclusive air rights and non-exclusive surface rights, all and each for the.pprpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating, and using as CITY, its assigns and/or successors may see fit for the transmission and distribution of utilities (gas, electric, phone; fiberoptics; telecommunications, etc.), lines, wires, cables, conduits, pipes, sanitary sewerand water'pipes and pipelines and any and all necessary appurtenances, appliances, telecommunications equipment, backfill materials, manholes, water values and other fixtures for use in connection therewith or appurtenant thereto, in, under, along and across the Permanent Easement Areas ("Easement Areas") as describe and depicted in Exhibits"B" through "C-1"and Exhibits "E" and "E-1° hereto, together with the right of ingress to and egress from said Easement Areas and the right at all times to enter in, over, and upon said Easement Areas across the Larger Parcel and every part thereof and.also to use said Easement Areas for all purposes connected with the laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using said utilities, lines, cables, wires, conduits, sanitary sewer and water pipes and/or pipelines, manholes, water values, and all necessary appurtenances. IT IS FURTHER".ORDERED,. ADJUDGED AND DECREED that defendant SYERS PROPERTIES I, L. P., its heirs, successors, or assigns, shall not place any permanent structures, buildings, or other permanent improvements, including pavement, within the permanent easement areas, nor shall any drilling or operation of any well under or within 2 _ Judgment of Condemnation—Action in Eminent Domain 53 2 3 4 5 6 s 9 to i is 13 14 15 16 n is 19 ?p 21 22 23 24 '-5 36 28 the land described`in Exhibits B, C or E shall take"place, 'Without the prior written consent of the CITY., its successors or assigns. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the surface of the permanent'easement areas may be landscaped and used in a manner which is consistent with the CITY's and its assigns' or successors' use, and which will not interfere with the CITY's and its assign's or successors' full enjoyment of its easements. In particular, no trees or large rooted plants/shrubs shall be planted within the permanent easement areas. The Property Owner, its assigns and/or successors:shall not raise the existing surface elevation (grade) of the permanent easement area by more than one (1) foot nor lower the existing surface elevation (grade) of the permanent easement areas without the prior written consent of CITY,, its assigns and/or successors:. Asphalt, paving and culverts for roads or driveways made be laid and/or installed within, the permanent easement areas, provided that the utilities, water transmission pipeline and appurtenances are not disturbed and the written consent of the CITY, and/or its assignsor successors, prior to any excavations has been obtained. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the (non-exclusive) temporary construction easement over; in, across, under and through a portion of the Subject Property as set forth in the Temporary, Construction Easement as described in Exhibit D and depicted. in Exhibit D-1 attached to the Second Amended Complaint is for all the uses reasonably necessary in connection with the construction of the Project as set forth above, including, without -limitation, staging and storage of materials; shall have a terry of thirty (30) months from the effective date of first entry or January 2, 2012, or shall expire upon the recording of the notice of completion for the Project, whichever occurs first, except and unless the parties enter into a written agreement to extend it. 3 Judgment of Condemnation— Action in Eminent Domain 2 3 4 s G 7 8 9 to 11 12 13 14 Is 16 17 18 19 20 2 22 ,3 24 2s 26 27 28 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that prior to completion of the Project, CITY, its assigns and/or successors, shall restore, as near as possible, the surface of the ground to the condition in which it was prior to the commencement of the work (Project) in the permanent and temporary construct easement areas. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the payment of just compensation as set forth above shall constitute. full payment.for the property and property interests taken, and for all claims of compensation, including but not limited to, compensation for'land, severance, loss of goodwill, interest, attorneys' fees, experts' fee, and costs or damages,of every kind and nature suffered.by defendants and each of them by reason of the taking of the property or by reason of any action or inaction whatsoever on the part of the CITY, its agents, assigns or successors, in relation to the property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that on or about August 28, 2011, CITY deposited the sum of $388,000.00 with the State Treasurer's Condemnation Fund as the probable amount of just compensation in this case. IT IS FURTHER. ORDERED, ADJUDGED AND DECREED that in accordance with this Judgment in Condemnation, the State Treasurer is hereby ordered to cause a warrant to be drawn on the Condemnation Deposits Fund in the sum, of 5388,000.00 and made payable to: SYERS PROPERTY I, L.P. and mailed to its counsel, Brigit S. Barnes, Birgit S. Barnes & Associates, 3262 Penryn Road; Suite 200, Loomis, California 95650. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with chis Judgment, CITY shall issue a check in the amount of $54,000.00 (the difference 3etween the amount of just compensation, $488,000.00, and the amount on deposit 3388,000.00) made payable to: SYERS PROPERTY I, L.P. and mail to its counsel, Brigit r .. 3 4 5 6 7 a 9 to I 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 2s S. Barnes, Birgit S. Barnes & Associates, 3262 Penryn Road,, Suite 200, Loomis, Cal UTY:1111 ITIS FURTHER ORDERED, ADJUDGED AND DECREED that upon satisfactory evidence of payment of the^above sum, a Final Order of Condemnation may be filed and recorded. IT IS FURTHER ORDERED, ADJUDGED AND,DECREED that upon recordation a Final Order of Condemnation, the partial fee interest, Joint (Utility) Trench Easement, Sanitary Sewer and. Water Easement, Temporary Construction Easement, and, Overhead Transmission Easement, as forth in the Second Amended Complaint and Exhibits A through E-1 thereto and attached hereto, will vest in Plaintiff CITY OF PETALUMA free and clear, and discharged of all liens and claims of every kind whatsoever. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants WELLS FARGO BANK, National Association; STANLEY W FELIX, an individual; BANK OF AMERICA CORPORATION, a Delaware corporation; Successor -In -Interest to LASALLE BANK,. N.A., in its Capacity as Trustee for the registered Holders of Greenwich Capital Commercial Funding Corp., Commercial Mortgage Trust 2003-C2, Commercial Mortgage Pass -Through Certificates, Series 2003-C2 by assignment recorded March 16, 2004 as Instrument No. 2004-035978; AFENDI'S TURKISH GRILL, a business organization form unknown; BEAUTY WORX, a California limited liability corporation; BRAIN FREEZE FROZEN YOGURT, a business organization form unknown; BURGER KING, a Florida corporation; CIGARETTES R CHEAPER, a business organization form unknown' COST U LESS INSURANCE, a business organization form unknown; CVS PHARMACY, INC., a Rhode Island corporation, successor -in -interest to LONGS DRUGS; DON PANCHO'S MEXICAN FOOD, a business organization form unknown; ELEGANT IJ s in Eminent Domain 56 9 3 4 5 6 9 io 11 12 13 14 15 16 17 18 19 zo ?1 lJ 23 ?4 25 26 27 ?g ALTERATIONS AND TAILORING, a business organization form unknown; FUJI . JAPANESE RESTAURANT,.a business organization: form unknown; GENTLE DENTAL, a business organization form unknown; GNC, a Pennsylvania corporation; HUNAN VILLAGE RESTAURANT, a business organization form unknown; WEIGHT WATCHERS, a business organization form unknown; WEIGHT WATCHERS, a business organization forn unknown; WEIGHT WATCHERS, a,business organization form unknown; WEIGHT WATCHERS, a business organization form unknown; WEIGHT'WATCHERS, a business organization form Unknown;,INKSALE.COM, a business organization form unknown; LINEN OUTLET, a business organization form unknown; MASSAGE ENVY, a business organization form unknown; METRO PCS, a business organization form unknown; MONGOLIAN B,B.Q:, a business organization form unknown; OLD CHICAGO PIZZA, a business organization form unknown; PARK AVENUE CLEANERS, a business organization form unknown; REDWOOD CHIROPRACTIC, a business organization form unknown; WEIGHT WATCHERS, a business organization form unknown; REDWOOD CREDIT UNION, a- California.corporation; ROYAL TAN AND SPA, a business organizatior form unknown; STARBUCK',S COFFEE, a Washington corporation; SUPER NAILS, a business organization form unknown; T -MOBILE, a business organization form unknown; THE FOOT DOCTOR, a business organization form unknown; U.S. ARMY RECRUITING; VIDEO TEPA MUSICA, a business organization form unknown; and, WEIGHT WATCHERS, a business organization form unknown; and each of them are in default, and such defaults having been entered against each of these defaulting defendants, judgment is granted to Plaintiff CITY as to each of these defaulting defendants that each of these defendants is not entitled to any compensation under this Judgment, a of Condemnation- Action in Eminent Domain s i 3 d 5 6 7 B 9 Ti. 12 13 H 15 16 17 is 19 20 21 22 23 24 25 21) 27 ,a IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants MARIA NOVAK KLEMENOK, Deceased,.and,,all persons claiming by, through, or under the decedent; and all persons unknown and claiming interest in the property; MARIA I. NOVAK, (also known as Maria Novak Klemenok), Deceased, and all persons claiming by, through, or under the decedent,.and all persons unknown and claiming interest in the property; VINTAGE GOLD SENIOR APARTMENTS, L.P., a California limited partnership; VINTAGE CHATEAU, L.P., a California limited partnership; FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation; BANK OF,THE WEST, a California corporation; EDWARD JONES INVESTMENT, a:business organization form unknown; GOLD 'N TIME JEWELERS, a_business organization form unknown; and, WASHLAND III, a business organization` form unknown; each having filed a disclaimer of interest under Code of Civil Procedure section 1250.350, judgment is granted to CITY as to these disclaiming defendants;that each such disclaiming defendant claims no interest in the property being acquired hereimand is not entitled to any compensation under this Judgment. IT IS FURTHER ORDERED; ADJUDGED AND DECREED that named defendants JOSEPH FELIZ, an individual and COYOTE GRILL, have been dismissed. IT IS FURTHER ORDERED, ADJUDGED AND"DECREED that pursuant to provisions of Section 5081_ of the Revenue.and Taxation Code and section 1268.410 et seq. of the Code of Civil Procedure, any current or delinquent real property taxes, penalties or assessments that are a lien against said property shall be prorated, apportioned, deducted and paid to the Tax Collector of the County of Sonoma as of the effective date of the Order for Possession entered herein, to wit, January 2, 2012. 7 Judgment of Condemnation- Action in Eminent Domain I, 3 4 5 G 7 8 9 10 I 12 13 14 15 Ib 17 Is 19 20 21 21 23 24 25 26 27 28 IT IS: FURTHER ORDERED, ADJUDGED AND DECREED that the public use and necessity require the Project for which said Partial Fee Interest, Joint (Utility) Trench Easement, Sanitary Sewer and Water Easement, Temporary Construction Easement, and Overhead Transmission Easement, as set forth in the Second Amended Complaint and Exhibits A through E-1 thereto and hereto, are being acquired; that said Project is planned and located in the manner that will be most: compatible'with the greatest public good and the least private injury,; that the Subject Property is necessary for said Project; and that the purpose for which said Subject Property is being acquired, to wit, the construction and use of the East Washington Street'-- Highway 101 Interchange Improvements (C-1) Project, is and was a public use authorized by law. Dated: JUDGE OF THE SUPERIOR COURT 452-13911782097 M Judgment of Condemnation—Action in Eminent Domain 59 p E-\z\7TL-]'-lBlT H 60 xm o o z z V n m O�m CDo r r m m y aI v a � •` • rn I ' m - � u z WOOUq1N(jfON-�Nlll!l INC PLAZA NOR111 11,14, Tl ary OF 1'F'TA1,uMA City Manager ATTEST: APPRO .D AS TO F0RNf: 1 AL W4- b- 6-e�� City Altorn APPROVED: eparuncn Director APPROVED As to Form dusk pgia a en, Risk APPROVED: 6-- Finance Direcmr 63 Page I oft Abrahamson, Sharon From: Abrahamson, Sharon Sent: Wednesday, March 14, 2012 4:00'PM To:, Ahmann, Erica Cc: Zimmer; Larry', Gorham,. Claudia, z PETALUMA Cl PETALUMA CITY OF V PLAZA SHOPPING CENTE 452.139; Abrahamson, Sharon Subject: RE: Petaluma v. Syers Attachments: Settlement Agreement pdf z: Attached is the Settlement Agreement. I am sending the original 'hard,copyto your attention for execution by the City Manager. Once he has signed ii would you please mail the original back to my attention. Thank you. From: Ahmann, Erica [mailto:EAHMANN@ci.petaluma.ca.usj. Sent: Tuesday, March 13, 2012 10:431 AM'. To: Abrahamson, Sharon Cc: Zimmer, Larry Subject: RE: Petaluma v. Syers Hi.Sharon, Larry asked me to check in on the agreement. Has it been.signed'yet? Weyust want to make sure we get the check in a timely manner. Thank you, Erica Erica Ahmunn Smithies. 11.1�. Senior Civil Em_ineer Ci(Y of' Petaluma (707)776-3673 (707) 7_53-1093 (cell) From: "Gorham. Claudia" <ceorham((t),iiieyeisnave.com> Date: March 2, 2012 8:10:49 AM'PS'F 'Co: "Abrahamson,. Sharon" <Sabraham5oh 2.meyersnaye.com>; "Zimmer, I.arry" <lzimmern(VCi.oetaIUa1a:ca.us> Subject: FW: Petaluma v. Syers Sharon: Please send him (he hard copy. Larry - - if you can forward the original executed copy once signed it would be appreciated. Thanks - Claudia From: Zimmer, Larry.[niailtoilzimmer@ci:petaluma.ca.us] Sent: Wednesday, February 29, 2012 4:00 PM 3/14/2012 G4 Page 2 of 2 To: Gorharrm;;Claudia Cc: Dimly; Eric - Subject: RE: Petaluma v. Syers I just _shouted WOO H00. Is the hard copy following? Eric, I assume I need to route the hard copy, correct? Thanks. Larry From: Gorham,.Claudia.Finailto:caorham(n)meyersnave:coml Sent: Wednesday, FebruaNi29; 2012.11':31 AM To: Zimmer, .Larry; Danly, Epic Cc:'Abrahamson, Sharon;`zPPFFALUMA C_I PETALUMA.CITY OF'V.FLAZA;SHOPPING CENT.E 452.139 Subject: FW: Petaluma v. Syers Attached please find executed 'agreement rby property owner and his counsel. Do you want a hard copy forwarded for execuhon'6y CMP 'I signed'today, do you want a PDF of my signature? Once signed by City, have -30 days,in which to pay $54,000 to Syeirs'as set forth in paragtaph(s) 19, 20 of Agreement. Let Sharon andi,l',know liow to forward to you or if the attached is good enough. Thank you - Claudia Claudia Gorham Attorney at Law MEYERS NAVE 555 12th Street, Suite 1500 Oakland; California 94607 Phone: 510.808.2000 Fax: 510.444.1108 coorham(o),meyersnave.com www: publiclawnews. corn CONFIDENTIALITY NOTE: This cmaif may contain matenat that is confidential pnedeged and/or altomey wark product for the sale use of the intended recipient. Any. review, reliance or diso6tudion'by othe'rs:o(lorwardmg,withoul express permission is smelly prohibited.. If. you are not the intended recipient, please contact lhosendei and delete all `copies. - IRS. CIRCULAR 230 DISCLOSURE: . ._.._ To'co.mply eiilh,IRS regulalions,we advise you that any discussion oLrederaLtax issues in this e-mail was not intended or written to be used: and cannot be used by: you, (I) to avoid any penallies imposed under'Ihe Internal'Revenue�Code'or (u) to promote, market or recommend to another party: any transaction or matter. addressed herein. Reduce. ReusesRecyclo. Re -planet, (15 31/14/2012