HomeMy WebLinkAboutAgenda Bill 4.BPart3 11/15/2010ATTACHMENT 4 Agreement Number SCTA 10008
Exhibit B to Resolution 20 09 - 075
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement is made and entered into as of . 0(!�40 beonl 2-4�2 ,
2009 ( "Effective Date ") by and between the City of Petaluma.lereinafter referred to as
"CITY" and the SONOIVIA COUNTY TRANSPORTATION AUTHORITY hereinafter
referred to as "AUTHORITY."
RECITALS
1. AUTHORITY and CI desire to enter into a Cooperative Funding Agreement
to define a framework to enable the two parties to work cooperatively in developing
transportation improvements on the Highway 101 / East Washington Interchange in
Sonoma County, as more particularly described in Exhibit A to this agreement (hereinafter
referred to as "Project ").
2. Cal trans has completed, the _Environmental (PAED) phase of the Project with
State TCRP funding_
I Caltrans completed 65% design plans, specifcations_and estimate (PS &E) for
the Project with State TCRP funding.
4. Caltrans stopped work on the Project when TCRP funding was exhausted.
5. AUTH and C ITY d a financial plan, a schedule, and roles and _
responsibilities for completion of the Project which is attached hereto as Exhibit B', Exhibit
C, and Exhibit D (hereinafter referred to as the "Project Plan ").
6. Pursuant to the Measure M Strategic Plan, AUIHORIT'Y is committed to make
available up to $2,850,000in Highway 101 Program funding. to assist with the Project.
7. CITY is committed to make available up to $4,000,000 in funding to assist with
the Project.
8. AUTHORITY ITY is committed to request programming and obligation of
$14,500,000 in Federal funding to assi'st with. the Project_
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITE'
do hereby agree as follows:
Page 1 of 1 1
L�
Agreement Number SCTA 10008
SECTION I
CITY AGREES:
1:. Total CI'T'Y Contribution To provide up to $4,000,0.00 in local funds for other
.CITY Contribution) towards the .Project, in accordance with the Project Plan. The cost of
CI:TY's own administration, independent quality assurance, oversight, and project
management is not considered a Project cost that is covered by this agreement and is not
included in the Project Plan.
2. Additional Cooperative Agreements To enter into a cooperative agreement(s)
with Caltrans for the design. (P -S &E), Right of Way Engineering and Support (ROW SUP)
and Right of Way (ROW) phases of the Project in accordance with the Project Plan.
3. Completion of Work To timely complete the design (PS &E), Right of Way
Engineering.and Support (ROW SUP) and Right of Way (ROW) phases of the Project in
accordance with the deadlines set forth in the Project Plan.
4. :C.onstruction Funding To provide up :to $1,150,000 in local funds [or other City
contribution] to the AUTHORIT - Y.for the construction phase of the Project.
5. Initial Deposit To make payment of $15.0,000.within 30- calendar days of
receipt of invoice for advance construction deposit.
6. Progress Payments To promptly make payments on all construction progress
invoices, within 30- calenday days of receipt of each invoice for construction progress
payments.
7. Compliance with 'Laws With regard to administering and completing CITY's
responsibilities for the Project, CITY shall at all times comply with all applicable laws of
the United States, the State of California, the County, and with all applicable regulations
promulgated by federal, state, regional or local administrative and regulatory agencies,
now in force and as they may be enacted, issued, or amended during the term of this
Agreement.
8_ Records To allow AUTHORITY to audit all expenditures relating to the
Projectfunded through.this Agreement. For the duration -of the Project, and for five (5)
years following :completion of the Project, or earlier discharge of the Agreement, CITY
shall make available. to AUTHORITY all records relating to expenses incurred in
performance of this Agreement.
9. Notice of Audit To provide timely notice to AUTHORITY if an audit is to be
conducted.
Page 2 of 1 1
(92.
Agreement Number SCTA 10008
SECTION1
AUTHORITY AGREES:
1. Total AUTHORITY Contribution To provide up to $2,850 in Measure M
Highway 10:1 program funds towards the Project, in accordance with the Project Plan. The
cost of ATTH ®RIT's . own administration, independent quality assurance, oversight, and
project management is.not considered a Project cost that is covered by this.agreement and
is not included in the Project Plan.
2. Federal Funding To request programming and obligation of $14,500,000 in
Federal .funding towards 'the construction and construction support phases of the Project
and to promptly notify CI'T'Y if Federal funding will:not:be available in accordance with
the Project Plan.
3. Additional Cooperative .Agreements To enter into : cooperative agreements)
with Cal trans for the Advertise., Award, and Approve (AAA),, Construction Support (CON
SUP), and Construction (CON) phases of the Project in accordance with the Project Plan.
4. Completion of Work To timely complete the work necessary to completeoff
site environmental mitigation by the time frames set forth in the environmental documents
and permits.
5. Initial Deposit To invoice CITY for a $1.50,000, initial deposit 60 working days
prior to advertisement 6f the construction contract.
6. Progress Payments To promptly invoice C M for CIT'Y Sh are of all
construction progress paymennts in accordance with the Project Plan, withi 30 - calendar
days of receipt from Caltraris of each invoice for construction progress payments.
7. Reconcile ConstructionTayments. After receipt of..final Construction
accounting from'Caltrans, AUTHORITY will invoice or refund as necessary in order to
satisfy the obligation of this agreement.
8- Compliance with Laws With regard to administering and completing the
AUT HORZITY's responsibilities for the Project, AUTHORITY Y shall at all tunes comply
with all applicable laws of the United States, the State of California, the County, and with
All applicable regulations promulgated by federal,. state, regional, or local administrative
and regulatory agencies, now in force and as they may be enacted, issued, or amended
during the term of this Agreement.
9. Records To allow CITY to audit all expenditures relating to the Project funded
through this Agreement. For the duration of the Project,. and for five (5) years following
completion of the Project or earlier discharge of the Agreement, AUTHORITY shall
make available to CITY all records relating to expenses incurred in performance of this
Agreement.
Page 3 of 'i t
�93.
Agreement Number SCTA10008
10. Notice of'Audit To provide timely notice to CITY if an audit of CITE' records
is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Funding Needs If additional funds beyond those identified in the Project Plan
are necessary to complete the Project or if Federal funds are not available in accordance
with the Project Plan, AUTHORITY and CITY will cooperate to identify and secure new,
increased, or replacement funding. If funding be identif ed to complete the project,
this agreement can be discharged by either party as provided in Paragraph 3 or 13.
2. Term This Agreement will remain in effect until discharged as provided in
Paragraph 3 or 1.3 of this Section III.
3. Discharge This Agreement shall be subjeci to discharge as follows:
a. This Agreement may be canceled by a party for : breach of any obligation,
covenant or condition hereof by the other party, upon notice to the breaching party. With
respect to any .breach which is:rea capable of being cured, the breaching party shall
have thirty (30):days from the.date.of the notice to. initiate steps to cure. If the breaching
party diligently pursues cure, such party shall be allowed a,reasonable time to cure, not to
exceed sixty (60) days from the date of the initial notice, unless a further extension is
granted by the party. On cancellation, the non- breaching party retains the
same rights as a party exercising its .right to terminate under the provisions of paragraph
3(b), except that the canceling party also retains any_remedy for'breach.of_the whole_
contract or any unperformed balance.
b. By mutual consent of both parties, this Agreement may be terminated at any
time.
c. This agreement may be, cancelled by either party by no fault of either party if
Federal funding is not available in accordance with the Project Phan.
4. Indemnity Neither CM nor any officer or employee thereof is responsible for
any injury, damage or liability occurring by reason of anything done or omitted to be done
by AUTHORITY under or in connection with any work, authority, or jurisdiction
conferred upon AUTHORITY ITY or arising under this agreement_
Page 4 of 11
61-) C.)
Agreement Number SCTA.I 0008
It is understood and agreed that AUTHORITY will fully defend; indemnify, and save harmless
CITY and all of its officers and employees from all claims, suits, or actions of every name, kind,
and description brought forth under, but not limited to, tortious, contractual, .inverse
condemnation, or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by AUTHORITY under this agreement.
Neither AUTHORITY nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY under
or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under
this agreement.
It is understood and agreed that CITY will fully defend, indemnify, and save harmless
AUTHORITY and all of its officers and employees from all claims, suits, or actions of every
name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse
condemnation, or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this agreement.
5. Notices Any notice which may be required under this Agreement shall be in writing,
shall be effective when received, and shall be given by personal service, or by certified or
registered mail, return receipt requested, to the addresses set forth below, or to such addresses
which may be specified in writing to the parties hereto.
To CITY: Director of Public Works, City of Petaluma
11 English Street
Petaluma, CA 94952
vmarengo @ci.petaluma.ca.us
To AUTHORITY: Executive Director Sonoma County Transportation Authority
490. Mendocino Avenue, Suite 206
Santa Rosa, CA 95401
(707) 565 -5373
suzsmith @sctainfo.org
6. Additional Acts and Documents Each party agrees to do all such things and take all
such actions, and to make, execute and, deliver such other documents and instruments, as shall be
reasonably requested to carry out the provisions, intent and purpose of the Agreement.
7. Integration This Agreement represents the entire agreement of the parties with respect
to the subject matter hereof. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
Page 5 of 1 1
Agreement Number SCTA10008
9.. Independent Agencies CITY renders its servi:ces•under this Agreement as an
independent agency. None .of. the. CIT Y's :agents oe employees shall be agents or
employees of the AU'T'HORITY. AUTHORITY renders its services under this
Agreement as an independent agency. None of the AUTHORITY's agents or employees
shall be agents or employees of the CITY.
10. Assignment The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent ofihe other party.
11. Successors This Agreement shall be binding.upon the successor(s), assignee(s)
or transferee(s) of the AUTHORITY or CI'T'Y as the.case may be. This provision shall
not be construed as an authorization to assign, transfer, hypothecate or pledge this
Agreement other than as provided above.
12. Severability Should,-any part of this Agreement be determined to be
unenforceable, invalid or beyond the authority of either party to enter into or carry out,
such determination 4shall ; not. affect the validity of the remainder of this Agreement which
shall continue in full, force and effect; provided that, the remainder of this Agreement can,
absent the excised portion; be reasonably interpreted to give effect to the intentions of the
parties.
n
13. Limitation All obligations of AUTHORITY'under the terms. of this
Agreement are expressly subject to AUTHORITY's:continued authorization to collect and
expend the sales tax proceeds provided by Measure M. If for any reason AiTTTHORITY's
right to collector expend such,sales tax proceeds is terminated or suspended in whole or
part, AUTHORITY shall promptly notify CI'T'Y, and the parties shall consult on a course
- of action. If, 'twenty- five working days ofaction is - not agreed upon by
the parties, this Agreement shall be deemed terminated by mutual or joint consent;
provided, that any future obligation to fund from the date.of the notice shall be expressly
limited by and subject to (i) the, lawful ability of AUTHORITY to expend sales tax
proceeds for the purposes of the Agreement; and (ii) the availability, taking into
consideration all the obligations of AUTHORITY under all. outstanding contracts,
agreements to other obligations of AUTHORITY, of funds for such purposes.
Page 6 of 1 1
(0(.0
Agreement Number SCTA 10008
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date.
CITY OF PETALUMA
City Manager
SONOMA COUNTY
TRANSPORT - TION AUTHORITY
By-
SCTA Chair
ATTEST:
By:
City Clerk
/
APPROVE9
FOR C><T c
By:
t
City Attorney
APPROVED
By:
Department Director
APPROVED AS TO SUBSTANCE:
By:
Executive Director
By:
Legal Counsel
Authority
By:
Risk "anager G
Finance Director
Page 7 of 11
(9'�
Agreement Number SCTA10008.
COOPERATIVE FUNDING. AGREIENMNT
BETWEEN
THE SONOIVIA COUNTY'TRANSPORTATION AUTHORITY
AND
CITY OF PETAI.i7MA
DESCRIPTION OF TITS PROJECT
Reconfigure southbound on -ramp from East Washington Street to Highway 101 with a
new two lane on -ramp with ramp metering and an 140V bypass lane;
® Construct a new nort hbound two -lane on -ramp from westbound East Washington
Street to Highway 101 with ramp metering and. an HOV bypass lane;
O Widen the terminus of the northbound off -ramp from Highway 101 to East
Washington Street from two to four lanes.
Note: The Project does not include landscaping beyond erosion control. Landscaping
will b.e accomplished by separate landscaping specific contract_
Exhibit A Page 8 of t 1
Agreement Number SCTA 10008
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
' AND
CITY OV.PETALUMA
PROJECT FINANCIAL PLAN
Funding Plan by Fund Source . and Development -Phase.(Funds M Thousands)
FUND
PS&E:
ROW
ROW
� CON
CON
TOTAL
SOURCE
:$tJP
CAP
SUP -.
CAP
CITY
$l,700
&150
$1,000
$ 0
$1,150
$4,000
(100
(100%) .
(66.7%)
(0
Measure M:.
$ 0
0
$ 500
$ 300
$ 2,050
$2,850
(101)
(0%)
(0%)
(33.3%)
(15%)
-
Federal
$ 0
$ 0
$ 0
$ :700
-$ 12,800
$13,500
SAFETEA-LU
(0%)
(0%)
(0%)
(3
(90.0%)
Federal
$ 0
$ 0
$ 0
1,0*00
0
$ 1,000
appTppr) ati on
(
(0%)
(5,09/q),
(0%)
T TOTAL
$1 , 700
'$150-
$1,500
$1,066!
S1
.6,000
$21,350
(IQO%)
(100%)
(100
A100%)
Note: Measure M fundingfior ROW CAP of $500,000 1*s for off-site Environmental
Mitigation, SCTA is-Im.plerrienfing agency for off-site Eriv-1fbfirriental Mitigation.
Exhibit B
Pa 9 of I I
. b I
Agreement Number SCTA 10008
COOPERATIVE FUNDING AGREEMENT GREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETAL UMA
EXHlBIT C
PROJECT SCHEDULE
Pro 64# DOvOlbp event Phase
Be in
End
Environmental (RAEQ)
complete
Complete
Resign (PS'8�E)
Feb 2009
Apr 2010
RightofWay Acqujsition, (ROW )
Apr2009.
Jun 2010
Advertise Approve (AAA)
Jul 201-0
Sep 201
Construction CON),
I Sep" 2010
Dec 201
Exhibit C Page 10 of 11 -7-0,
£v
Agreement Number SCTA 10008
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOI+s'IA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
RESPONSIBILITIES OF THE PARTIES
1�
Table C -1 : Additional Cooperative Agreements between Parties by Development Phase
Project Activity
Coo erative Agreem ent
.Caltrans
Authority
Ci
ci
Environmental (PAED)
X
X
Design (PS &E)
X
X
Right of Way Engineering and Su _. ort
X
X
Right of Way Capital
X
X
Advertise, Award, Approve (AAA)
X
X
X
Construction - Support
X
X
Construction Capital
X
X
Table C -2: Responsible Implementing Agency by Development Phase
- - .:—
Project.Activity
- - - ym.
lementin A en - .
Caltrans
Authority
ci
Environmental (PAED)
X
Design (PS&E)
X
Right of Way Engineering and_ Support
X
Right of Way Capital (Uti'lities „and Acquisition)
X
Right of Way Capital (Off'Site Erivironmental
Mitigation)
X
Advertise, Award, Approve (AAA)
X
Construction Support
X
Construction Capital
X
Exhibit D
Page 11 of 1 1
Resolution No. 2009 -172 N.C.S. ATTACHMENT 5
of the City of Petaluma, California
SEEKING AUTHORIZATION FROM STATE TO CONDUCT
RESOLUTION OF NECESSITY BEARINGS FOR
SONOMA 101- EAST WASHINGTON STREET INTERCHANGE PROJECT
WHEREAS, California Streets and Highway Code section 130 authorizes the State of
California,' Department of Transportation, ( "Caltrans ") and the City of Petaluma to enter into a
contract regarding the acquisition, construction; improvemenfbi maintenance of any State
Route; and,
WHEREAS, the City of Petaluma, by Resolution No; 2009 -075 N.C.S., adopted on June
1, 2009, agreed to enter into. a "Cooperative Agreement," dated June 3, 2009, with Caltrans, to
acquire real property and real, property interests for the East Washington Interchange
Improvements Project ( "Project ") to alleviate existing traffic - related impacts, which will require
that additional right -of -way be acquired along State Route 101 and the East Washington Street
Interchange to accommodate road widening and the relocation of utilities ( "Cooperative
Agreement "); and,
WHEREAS, the Cooperative Agreement establishes the respective responsibilities of the
State and of the City regarding appraisal, acquisition, relocation services and other right of way
activities for the Project, including the City's responsibility to perform all right of way activities,
including all eminent domain activities, if necessary, regarding the acquisition of property to
accommodate the road widening, and relocation of utilities necessary for completion of the
Project; and,
WHEREAS, the City of Petaluma is vested with the power of eminent domain to acquire
real property by virtue of Article, 1, section 19 of the Constitution of the State of California;
Section 37350.5 of the Government Code of the State of California; and, sections 1240.010 and
1240.110 of the Code of Civil Procedure of the State of California within the jurisdictional limits
of the City for the Project; and,
WHEREAS, timely completion of the Project requires that the City proceed under the
Cooperative Agreement to acquire certain real property for the Project, and,
WHEREAS the State of California, Department of Transportation is requiring the City
Council of cities acquiring real property for a project relating to a State Highway to pass a
resolution determining that the City Council will hear any resolutions of necessity to acquire real
property for a project relating to a. State Highway, if ary are necessary; and,
WHEREAS to proceed with the Project and the acquisition process, and in light of the
Project's schedule, .critical deadlines, and pending negotiations for acquisition, it may be
necessary to conduct resolution of necessity hearings.
NOW, THEREFORE, RE IT RESOLVED that the City Council of the City of
Petaluma, County of Sonoma, hereby agrees to conduct resolution of hearings, and to
Resolution N o. 2009-172 N.C.S. Page 1 `7 2—
adopt or reject the proposed resolutions of necessity, as contemplated by the Cooperative
-Agreement, to obtain'the reap property and real .property interests:determined to be necessaryfor
the Project. The,Gty Clerk shall certify the passage and adopt' of this resolution and enter it
into the book of original. resolutions.
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 Apr ved s to
Council of the City of Petaluma at a Regular meeting on the W day of October, f
2009, by the following vote: I
AYES:
Glass Healy, Rabbitt, Renee, Mayor Torliatt
NOES:
None
ABSENT:
Vice Mayor Barrett
ABSTAIN:
None
ATTEST:
� j
(2 A-
Deputy City Clerk
Resolution No. 2009 -172 N.CS.
Ci
Page 2 � --5
State of California
Memorandum
ATTACH 6
Business, Transportation and Housing Agency
To: Basein 1bluallem Date: September 30, 2010
Interim Division Chief
Right of Way File: 4- Son -101
From. DEPARTMENT OF TRANSPORTATION — District 4
R/W Local Public Agency Services
Subject: Request to Hear. Resolutions by City of Petaluma CityCouncil
Pursuant to Right of Way Manual Section 17.04.09.01 and in accordance with Resolution of
Necessity guidelines dated December 10, 2001, District 4 requests approval to allow the Petaluma
City Council to hear Resolutions of Necessity for the US. Route 101 /East Washington Street
Interchange Improvement Project-..This project will reduce traffic congestion on USRoute 101 and
East Washington Street in-the City of Petaluma.
The project requires the acquisition- of three parcels; - two partial fee acquisitions, one highway
easement, and also includes utility 'easements and temporary construction easements from
commercial property owners to accommodate this interchange improvement project. Right of Way
activities are being performed by Associated Right of Way Services, Inc., a qualified turnkey
consultant group, in accordance with Section 17.06.02.01 oftheDepartment's Right of WayManual,
on behalf of the project sponsor; the City of Petaluma.
Using the Petaluma City Council to obtain Resolutions ofNecessity will assist the City of Petaluma
in meeting the project delivery schedule and also provide a convenient hearing location for the
property owners. This project has the support of the local community and will help alleviate traffic
congestion and improve safety in the City of Petaluma.
The Petaluma City Council passed Resolution No. 2009 -172, by a unanimous vote, on October 19,
2009 agreeing to hear .Resolutions of Necessity for the 1 TS Route 101/East Washington Street
Interchange Improvement Project. Associated Right of Way Services, Inc. and the City Petaluma
will comply with all the Department Right of Way policies and procedures, including the
i.
requirement to provide a day Notice of Intent to seek a resolution and the requirement to provide
first,and second level review hearings. Full compliance with all policies and procedures is a specific
condition.of the De tment's approval.
�
R.A. MACPHERSON
Deputy District Director
Right of Way
Cc: LEmadzadeh
BPerrill
Appro d By:
BASEM.MUALLEM
Interim Division Chief
Right of Way
74
ATTACHMENT 7 �
e Y e r 's l n a v a riback silver & wHson
pro:f•es>sio'na I`aw corporation
August 27, 2010
VIA HAND DELIVERY & U.S. MAIL
Syers Properties I, L.P.
c/o Gayle S. Syers
325 Ascot Road
Hillsborough, CA 94010
Gayle S. Syers
120 Village Sq., #100
Orinda, CA 94563
Claudia J. Gorham
Attorney at Law
510.808.2000
RE: CITY OF PETALUMA.
EAST WASHINGTON STREET HIGHWAY 1.01 1NTERCHANGE'IMPROVEMENTS PROJECT
261N. McDowell Boulevard, Petaluma, CA
(APNs 007- 350 -008 and 007 -350 -009)
Dear Dr. Syers:
Recently the City of Petaluma ( "City ") served la Notice of intention to Adopt Resolution of Necessity on you.
Due to the recent receipt of a revised description and plat map for the Joint Trench Easement and a legal
description and plat map for the PG' &E overhead easement, the City re- serving its Notice of Intention to
Adopt Resolution of Necessity.
Enclosed please find a new Notice Intention to Adopt Resolution of Necessity. On October 14, 2010, at
UQ p.m., the Petaluma City Council will .consider whether to adopt. a Resolution of Necessity to commence
eminent domain proceedings,, The place of the hearing remains the same.
Accordingly, the City rescinds 'its prior Notice of Intention served on you on Friday, August 13, 2010. The
City re- notices the hearing with the enclosed Notice of Intention to Adopt Resolution of Necessity which
supersedes the prior notice.
As stated previously, the City remains interested in continuing its negotiations with,you.. However, as
stated in the prior correspondence, due tol the timing and certain. Caltrans' certification requirements of the
Project, the City must consider the possibility of acquiring the property and property interests by eminent
domain.
The enclosed Notice of intention. is required by Code of Civil Procedure section 1 1245.235. It describes the
property interests that will be considered by the Council and the procedure which you must follow should
you, or your representative, desire to appear and be heard on the issues.set forth in the notice. The
amount of compensation to be paid is not a matter or issue being heard on October 14, 2010. Accordingly,
55512th Street, Suite 1500 1 Oakland, California 94607 I tel 510.808.2000 I fax 510.444.1108 www.meyersnave.com
LOS' ANGELES a OAKLAND a SACRAMENTO • SAN FRANCISCO SANTA ROSA
Gayle Syers
August 2,7, 2010
2
a nonappearance will ri t.prevent you, as a property owner, from seeking a greater amount of
compensation thatwhich was offered.
Again, the City would rattier negotiate a purchase and sale: agreement with you and will continue to conduct
such negotiations with you. However, due to timing and critical deadlines, should the parties enter into a
purchase and sale agreement; escrow would have to close prior to the hearing date of the resolution of
necessity before the City could take this matter off its agenda.
Please do not hesitate to contact me should you have any questions.
Very truly yours,
MEYERS, NAVE, RIBAC SILVER & WILSON
Claudia J. Gorham
CJG:sla
Enclosures
452 - 139/1502294.1
0
[&
NOTICE OF INTENTION TO
ADOPT RESOLUTION OF NECESSITY
CITY OF PETALUMA
EAST WASHINGTON -STREET HIGHWAY 101 INTERCHANGE
IMPROVEMENTS PROJECT
261 N.. McDowell Boulevard, Petaluma, CA
(APNs'007- 350 -008, 007 -350 -009)
Property Owners: Syers Properties I, L. P.
NOTICE IS THEREBY GIVEN pursuant to California Code Civil Procedure
section 1245.235, that it is the intent of the City Council of the City of Petaluma
( "Council ") to adopt a Resolution of Necessity under Article 2 (commencing with
Section 1.245.210.) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure
of the State of California and :direct the filing of eminent domain proceedings to
acquire certain real property. The property interests are being acquired for a
public improvement project, the East Washington Street/Highway 101
Interchange Improvements Project ( "Project ").
The property interests to be acquired include a partial Fee Simple parcel
(1,469 square meters [15,810 square feet], Caltrans' Parcel 60299 -1), a Joint
Trench Utility Easement (1:0,550 square feet, Caltrans' Parcel 60299 -2); a
Sanitary Sewer & Water Easement (803 square meters [8,643. square feet],
Caltrans' Parcel 60299- 3),.,a Temporary Construction Easement (3,660 square
meters [39,396 square feet], Caltrans' Parcel 60299 -4), and a Pacific Gas &
Electric Overhead Electrical Easement (7,441 square feet), in and to a portion of
the subject property. Descriptions and /or maps describing and depicting the
proposed acquisitions are set forth in Exhibits "A" through "E" attached to this
Notice.
The City is vested with the power of eminent domain to acquire real
property interests at 840 — 980 E. Washington Street, Petaluma, California, by
virtue of Article 1, Section 19 of the Constitution of the State of California;
California Code of Civil Procedure sections 1240.010 - 1240.050, 1240.110,
1240.120, 1`240.1;50, 1240.350; California Government Code sections�37350.5,
37353, 39792, 38900, 40401 and 40404; City of Petaluma Resolution No. 2009-
172; City of Petaluma Resolution No. 2009 -075; "Cooperative .Agreement"
between the City of Petaluma and Caltrans dated June 3, 2009; "Cooperative
Agreement" between City of Petaluma and Sonoma County Transportation
Authority dated June 2009; approval by Caltrans for the East Washington
Street/Highway 101 Interchange Improvements Project.
Page 1
1
NOTICE IS "FURTHER GIVEN that on the. 14t day of October, 2010, at
the hour of 6:00 p.m., or soon thereafter as the matter. may be heard, in the
regular meeting,pIace:of the.City Council'of'the City of* Petaluma, Petaluma
City Hall, 11' English Street, Petaluma, California 94952, at the time and
place appointed and fixed by the City Council of the City of Petaluma, said body
will hear all protests in relation to the proposed adoption of the Resolution of
Necessity and authorizing the filing of eminent-domain proceedings for the
acquisition of the property interests set forth herein.
NOTICE IS FURTHER GIVEN that any person interested may file a
written request to appear and "be heard with the City Clerk of the City of Petaluma
within fifteen (15) days after the mailing of this Notice (Mailing address: Attn:
Claire Cooper, Petaluma City Clerk, 11 English Street, Petaluma, California,
94952; Telephone number: (707) 778- 4360). Any interested person who files
such a timely request hasthe right to appear and be heard at the time and place
stated herein on the matters referred to in section 1240.030 of Code of Civil
Procedure, to wit:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be
most compatible with the greatest public good and the least private
injury;
(c) Whether the property sought to be acquired is necessary for said
Project;
(d) Whether the property is being acquired- for a compatible use under
Code of Civil Procedure section 1240.510 in that the City's use of
the property will not interfere with or impair the continued public use
as it now exists or may reasonably be expected to exist in the
future;
(e) Whether the property is being acquired for a more necessary public
use under the Code of Civil Procedure section 1240.610 in that the
City's use of the property is a more necessary public use than the
use to which the property is appropriated; and
(f) Whether the offer required by Government Code section
7267.2 has been made to the owner of record.
Page 2
so
Parcel 114602994
Being a portion of the lands of Syers Properties l 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 point on the existing .right of way of the State of California, as said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria P. 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 at the southwesterly 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 55 0 24'34" West, for a distance of 243.755 meters
to a point on'the common boundary of said lands of Syers Properties J, and the lands
of Maria [. Novak, Trustee 'of'the Maria I. Novak, Trust, dated March 4, 1991, Darlene
De Bernardi, successor 'Trustee under the Joanne Novak Sf. Clair Irrevocable Trust
Agreement, dated December 23, 1996, and Joseph Felix, a 'widower and Stanley M.
Felixa married man, as his sole and separate property, as;Surviving Joint Tenants, as
described in the Grant Deed recorded May 30, 1973' in • Book 2767, Page 460, the
Quitclaim Deed _recorded March 26, 1991 as Document No. .1,991-0026172, and the
Quitclaim Deed recorded August 3, 2009 as- Document No. 2009- 076131, all Official
Records of the County of Sonoma; thence, along said common boundary, North
36 0 46`56" East, for a distance' of 12.117 meters to the POINT OF BEGINNING of the
parcel to be herein described;
thence, leaving said common boundary, North 58 °22'44" West, for a distance of
47.248 meters;
thence, South 36 West, for a distance of 3.568 meters;
thence, North 55 °24'34" West, for a distance of 23.266 meters;
.. thence, North 64 0 04'07" West, for a distance of 3.985 meters;
thence, North 55 5 24'34" West, for a distance of 87.127 meters;
thence, Northi 58 °10'07" West, for a distance of 114.170 meters to the existing right of
way of the State of California, as said right of way is described in that Quitclaim Deed
from J.L. ;Novak and Maria 1. Novak to the State of California, filed October 7, 1953 in
Book 1233 of "Official Records of Page 381, Sonoma County Records;
thence, along !said right of way of the State of - California, South 55 °24'34" FEast, for a
distance of 275.233 meters to the common boundary line between said lands of Syers
Properties I, L.P. and said lands of Novak, et al;
thence, along said common boundary line, North 36 °46'56" East, for a distance of
12.117 meters to the +POINT OF BEGINNING.
KA Eng0910990841DocslLegals 12421_Syers ROW.doc
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Distribution Easement 'Rev. (07109)
LD 2405 -07 -1436
20101'59 (01 -09 -021) 610 1
Lakeville Petaluma C
Elec. & Gas Distribution
(APN 007- 350 -008)
The strips of land situate °in the city of Petaluma, county of Sonoma, state of California,
described as follows:
STRIP 1. A strip of land of'the uniform width of 10 feet extending'fiorn the southeasterly
boundary line of Parcel No. 2 as shown upon PARCEL MAP No. 6, filed for record December
13, 1968, in Book 109 of Maps at page 15, Sonoma County Records, northwesterly ,to the
easterly, boundary fine of the• portion of the strip of land delineated with heavy dashed lines
upon Pacific . Gas and Electric _Company's Drawing No. LN -9159, Chg. 1, attached to the
Correction Deed between Garrison= Petaluma Associates and Pacific Gas and Electric Company
dated March 19, 1981, and recorded as Recorder's Serial No. 81023318, Official Records of
Sonoma County, 'which portion, for` identification only, as' shown upon `said Drawing has a
center lute bearing; of S;12' 17' 39 "W and a length of 159' +/- , and lying 5 feet on each side of
the line described as follows:
Commencing at the;found2 -inch Brass Disk shown upon said PARCEL MAP No. 6 as
marking the northwesterly terminus of a course in the center line of McDowell Boulevard, (for
identification only said course as shown upon said PARCEL MAP No. 6 has a bearing of
N54 °3 1'3(Y"W and a length of 759.801eet) and running
(a) south.27 °41'.38" West 888.72 feet
to a point in said southeasterly boundary line of PARCEL No. 2, being the TRUE
POINT OF BEGINNING ,of this line; thence leaving said southeasterly boundary line
(1) north 51'28'17" west 5.33 feet; thence
(2) north; 69'19',26" west 152.70 feet; thence
(3) north 55 °28'39" west 17.54 feet
to a 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" west3038 feet; thence
(6) north54 91559" west 241.35 feet, more or less,
to a�poinrin said westerly boundary line.
STRIP 2. A strip of land of the uniform width of 10 feet extending northeasterly from the
northeasterly boundary line of the strip of land- hereinbefore described and designated 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.
Distribution Easement Rev. (07109)
STRIP 3. A strip of land of the uniform width of 110 feet extending northeasterly from the
northeasterly boundary line of said STRIP 1, and lying 5 `feet on each side of the line which
begins at'said Point `B" and runs thence north 34 °31'21 east 30.00 feet to a point within LOT
B as. shown upon*Parcel`Map No. 149, filed for record May 30, 1979, in Book 289 of Maps at
page 6, Sonoma County Records.
STRIP 4. - A strip of land of the uniform width of 10 feet, lying 5 feet on each side of the
line described as follows:.
Commencing at the found 2 -inch Brass Disk shown upon said PARCEL MAP
No. 6 as marking the northwesterly terminus of a course.in the centerline of.McDoweli
Boulevard, (for identification only, said course as shown upon said PARCEL MAP No.
6 has a bearing of N54 °31 M,,`'W and a length of 759.80 feet) and running
(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 and by virtue
of the deed from Eliza :Grover to Great Western Power Company dated June 25, 1912,
and recorded in Book 294 of Deeds at page 421, Sonoma County Records, being the
TRUE POINT OF BEGINNING of this line; thence
(1) south 30 6 06'30" east, 19.55 feet; thence
(2) south 37 °21'47" east 78.92 feet; thence
(3) south 49 °56'59" east 13.73 feet; thence
(4) north 83 °31'31" east 9.79 feet; thence
(5) north 37 °09'52" east 42.00 feet
to a point within said PARCEL No. 2
The foregoing descriptions are based on a survey made by second party in April,
2010. Bearings are based on the California Coordinate System (CCS83 EPOCH date 1991.35),
Zone 3, and are based on Global Positioning System (GPS) observations. All distances used
herein are grid distances. To obtain ground distances, multiply ground by 0.99996886.
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Parcel 1 (60299 -3
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, 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 point on the existing right of way of the State of California, as said
:right of way is described in that Quitclaim Deed'from J.L. Novak and Maria 1. 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 at the westerly terminus of the course
recited as "N. 36 0 25'29" E:, 884.07 feet"; thence, from said Point of Commencement,
North 55 0 24'34" West, for a distance of 243.755 meters to a point on the common
boundary of said lands of Syers Properties I, and the lands of Waria 1. Nova;;, Trustee
of the Maria 1. Novak, Trust, dated March 4, 1991, Darlene Kehoe, successor Trustee
under the Joanne Novak St. Clair Irrevocable Trust Agreement; dated December 23,
1996, and Joseph Felix; a widower and Stanley M. Felix a married 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 said common boundary, North 36 °46'56" East, for a distance 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" West, for a distance of 1.817 meters;
thence, North 63 0 0607" West, fora distance of 83.950 meters;
thence, North 55 0 28'39" "West, for distance of 101.611 meters;
thence, North 54 °15'59 "West, for a distance of 71.727 meters;:
thence, North 12 0 5326" 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 1 1'559" East, for a distance of 3.295 meters;
thence, South 13 °23'52" West, for a distance of 3.533 meters;.
thence, South 54 °15'59" East, for a distance of 66.856 meters;
thence, South 55 ° 28'39" East, for a distance of 101.376 meters;
thence, South 63 0 06'.07" East, for a distance of 84.057 meters;
KAEng0910990841Dmc Legais12421_Syers_SS &WA.doc
8 /12 /10
• •
thence, South 51 °28'17" East, for a distance of 2.035 meters;
thence, South 36 0 46'56" West, for a distance of ' 1 8;049 meters to the Point of
Beginning.
Containing 803 square meters (0.080 hectares),, more or less.
Basis of bearings: California Coordinate System NAD 83, Zone 3. Divide the above
distances by. 0.999966886 to obtain ground distances.
Prepared by:
BKF / Carlenzoli
Ep.09130/11
Z No.47s at 12
Ralph H. f homas, L /No. 47 .s
Lic. Exp. 9/30/11
K: kEng091099084tDocs lLegalst2421_Syers SS &WA.doc
8!12/10
VIOM
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BRASS DISK MARKING
STATION 760+00 ON "F" LINE
LOT A
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EXIS11 TING . W BRASS DISK MARKING
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SYERS PROPERTIES 1, L.P.
DN 2002-135205 r 3.533m
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POINT OF LANDS OF NOVAK, ET AL 0 40 1-00
BEGINNING 2767 O.R. 460 6mvin
DN 1991-026172 SCALE M . ETERS
DN 2009-076131
FA R . 1 0
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/*IYS 476
E
325 TESCONI CIRCLE Subject SANITARY � ASEIVIENT
SANTA ROSA, CA 95401 OVER THE LANDS OF S ERTIES I
B R F PH: 707-542-6465 Job No. 20099084
CA'RL,ENZO LI FAX: 707-542-1645 By JAK Dote FEB 2010 Chkd.RHT
ENGINEERS/ SU RVEYORS /- PLANNERS SHEE 1 OF 1
2421EXH8-Syers-SS-WLE.dw9
'On
TEMPORARY CONSTRUCTION EASEMENT
Fm
Parcel (602994
Being an easement for construction purposes and incidents thereto, upon and across 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 135205, Official Records of the County of Sonoma, and
being more particularly described as follows:
Commencing at a point on the existing right of way of the State of California, as said
right of way is described in that Quitclaim Deed from 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 at the westerly terminus of the course
recited as "N. 36 0 25'29" E., 884.07 feet" in the last said deed; thence, from said Point
of Commencement; North 55 ° 24'34" West, for a distance of 243.755 meters to a point
on the common boundary of said lands of Syers Properties 1, and the lands of The
Novak Property, LLC, as recorded in Document No. 2010- 026833, Official Records of
the County of Sonoma; thence, along said common boundary, 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 boundary, North 58 °22'44"
West, for a distance of- 47.248 meters;
thence, South 36 °51'17" West, for a distance of 3.568 meters;
thence, North 55 0 24'34" West, fora distance of 23.266 meters;
thence, North 64 0 04'07" West, for a distance of 3.985 meters;
thence, North 55 0 24'34" West, for a distance of 87.127.meters;
thence, North 58 °10'07 West for a distance of 114.170 meters to the northwesterly
boundary of said lands of Syers Properties I;
thence, along said northwesterly boundary, North 36 °5117" East, for a distance of
3.060 meters;
thence, leaving said northwesterly boundary, South 58 °10'07" East, for a distance of
160.544 meters;
thence, North 36 ° 44'50" East, for a distance of 8.903 meters;
thence, 'South 53 °15'10" East, for a distance of 28.214 meters;
thence, North 36 0 44'50" East, for a distance of 45.010 meters;
K :1Eng0910990841Docs\Legals12421 Syers_tce:doc
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q0
thence, South 53'1610" East, for a distance '5.644 meters;
thence, South 36 °44`50 "'West, for a distance of 10:656 meters;
thence; South 45 East, for a•distance of 21.063, meters;
thence, South 36 0 44'50" West, for a distance of 6.372 meters;
thence, South 53 °1610" East, for a distance of 28.470 meters;
thence, South 36 West, for a distance of 14.848 meters;
thence, South 51 0 28'17" East, for a distance of 4.970 meters;
thence, South 63 °06'07" East, for a distance of 15.119 meters;
thence, South 51 °28'17" East, for a distance of 2.0.35 meters;
thence, South 36 West, for a distance of 15.972 r 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 135205', Official Records of the County
of Sonoma, and being more- particularly described as follows:
Commencing at a point on the existing right of way of the State of California, as said
right of way is described: in that Quitclaim Deed from J.L. Novak Maria 1. 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 at the. westerly terminus of the course
recited as "N.. 36 0 2529" E., 884.07 feet; thence; from said Point of Commencement,
North 55 °24'34" West, for',a distance of 243.755 meters to a point on the common
boundary of said lands of Syers. Properties I and the lands of The Novak Property,
LLC, as recorded in Document No. 2010 - 026833, Official' Records of the County of
:Sonoma; thence, along said common boundary, North 36 °46'56" East, for a distance
of 25.040 meters tothe POINT OF BEGINNING of the parcel to be herein described;
thence, from said Point of Beginning,. leaving said common boundary, North 51'28'17"
West, for a distance of 1.811 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 36 °44'50" East, for a distance of 3.050 meters;
thence, South 55 0 28'39" East, fora distance of 30.267 meters;
K :1Eng0910990841DocstLegals12421 _Syers_tce.doc
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91
thence, South 63 °06'07" East, for a distance�of. 84.057 meters;
thence, South 51 °28'17" East, fora distance of 2.035 meters;
thence, South 36 °46'56" West, foe a distance of 3.049 meters to the Point of
Beginning.
Containing 3,660 square meters (0.366 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Divide the above distances 'by 0.999966886 to obtain ground distances.
Prepared by:
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28.214m 3:� POINT OF BEGINNING
.:9 (EXCEPTION PARCEL) �` S51'28'17 "E
36'44'50'E 2.035m
4 1p —�-� S53'15'1 0'E E L12
/ ��l�- 15.644m 4 I S3646'56 "W
15.972m
S36
10.656m f POINT OF
/ BEGINNING /
S45'40'49 "E n \ n
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N S3644'50'W z
6.372m
- m DETAIL 'A'
-SEE DETAIL "A' NOT TO SCALE
N fi'Cr L JVA j P 3
POINT OF BEGINNING 10-q
(EXCEPTION, PARCEL)
IT OF LANDS OF NOVA'KI ET AL
INNING 2767 O.R. 460
DN 1991 - 026172 0 40 100
DN 2009 - 076131
FA RC E -1 SCALE 1:2000 METERS
`POINT OF (N "E 884.07' -
PER 1233 O.R. 381)
COMMENCEMENT
FI -
325 TESCONI CIRCLE Subject TEMPORARY 'CONSTFEASEMENT
®® I SANTA ROSA, CA 95401 OVER THE LANDS OF'SYERS PROPERTIES I
- B k F
PH: 707 - 542 -6465 Job No. 20099084
C A R L E N Z O L I FAX: 707 -542 -1645 By JAK Date FEB 2010 Chkd.
ENGINEERS I SURVEYORS I PLANNERS SHEET 1 OF 1
2421EXHB= Syers- TCE.dwg
am
LOT A
N36'51'17'E
3.060m
LINE TABLE
LINE
'BEARING.
DISTANCE
L7
' -
1 236
a568rn
L2
N55'24!3 W
2&266m
L3
'07'W
3.985m
L4
N3 44 S "E
8.903m
L7
14.848m
S5 '28'17'
4.970m
S6 '06'07 "E
15.119rn
L L10
N55'28'39'W
30.588m
N36'44'50E
3.050m
swts'ss'w
3.049m
z t'
1 IY.
Pal RCE -1 A /JA P 149
o a P3J l �/L /-1 P5 5
3
LJC D
W
FUTURE RIGHT OF WAY LINE
LANDS OF
13 SYERS PROPERTIES I, L.P.
rt DN 2002- 135205
LD 2405 -07 -1434
2010154 (01 -09- 02.1) 6 10 1
Lakeville — Petaluma C
60kV Transmission Line
EXHIBIT. "A"
(APN 007 - 350 -008 por.)
The strips of land situate in the city of Petaluma, county of Sonoma, state of California,
described as follows;
STRIP 1. A strip of land of the uniform width.of 30 feet lying 15 feet on each
side of the line described as follows:
Commencing at the found 2 -inch Brass Dish shown upon said PARCEL
MAP No. 6 as marking the northwesterly terminus of a course in the center line of
McDowell Boulevard, which cowse as shown upon said PARCEL MAP No. 6
has a bearing of N54 ° 31'30 "W and a length of 759.80 feet (N53° 14'00 "W for this
description), and running
(a) south 46 west 769.95 feet
to the TRUE POINT OF BEGINNTNG 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 party under and
by virtue of the right of way and easement conveyed by Eliza Grover to Great
Western Power Company, predecessor in interest of Pacific Gas and Electric
Company, dated June 25, 1912, and recorded in Book 294 of Deeds at page 421,
Sonoma County Records, herein for co.nveruence called Point "A"; thence
continuing
(2) south 1'43'35" west 169:14 feet
to a point herein for convenience called Point "B" thence
(3) south 36 °1'9'23" west 52.03 feet, more or less,
to a point in the general southwesterly'.boundary line of PARCEL No. 2 as shown.
on PARCEL MAP No. 6; the side lines of said strip shall be lengthened or
shortened at the southwesterly termini thereof so as to terminate in said
southwesterly boundary line.
STRIP 2. A strip of land of the uniform width of 10 feet extending easterly
from the easterly boundary line of the strip of land hereinbefore described and
designated. STRIP 1, and lying 5.0 feet on each side of the .line described as
follows:
BEGINNING at said Point "A "; thence
(1) south 70 °56'.27" east 35.00 feet
to a point within said lands.
STRIP 3. A strip of land of the uniform width of 5 feet extending easterly
from the easterly and southeasterly boundary lines of said STRIP 1, and lying 2.5
feet on each.side of the line described as follows:
BEGINNING at said Point `B'; thence
(1) south 70 °58'31" east 48.00 feet
to a point withiir said lands.
The foregoing descriptions are based on a survey made by second party in April, 2010.
Bearings are based on the California Coordinate System (CCS83 EPOCH date 1991.35), Zone 3,
and are based on Global Positioning System (GPS) Observations. All. distances used herein are
gn-id distances. To obtain ground distances, multiply ground by 0.99996886.
STRIP 1, STRIP 2 and STRIP 3 contain 7,441 net square feet, more or less, and are
shown upon. Pacific Gas and Electric Company's Drawing No. L-9125 attached hereto for
reference purposes only.
j No. 6618 , ` o APPROVED AS TO DESCRIPTION
EXPIRES
StephTn 3. Hulick, PLS 6618
Expires 12/31/20.11,
OF
5
`t Lo
T -05'N R07W M.'D.B.M.
SE 1 %4, O`F' NE 1 /4 &
NE 1,/4 OF . SE. 1/4 SEC;: 2
L [NE B
BEARING . D
DISTANCE
EASEMENT 1 `_J
1 386 0. R. 35
SEWER LINE
EASEMENT
1128 O.R. 173
SEWER LINE I
EXISTING -
POLE 4/5 '
CD
J
i I
i
r P y, I
EXISTING J
POLE X 4/6/
FOUND 2" BRASS DISK
IN MONUMENT WELL
o tiG -.
E X I S T I N G 13 ��� �
POLE 4 -/4
`LD 2405 -07 -0104
294 D. 421 9eo\
EASEMENT
54 O.R. 599
PAC BELL
POINT "'A"
PROPOSED POLE
#4/5
STRIP 2
paIRC IEL HAP a 8
X00 MAPS Vg
30' APN 007- 350 -008
P
P O
SYERS PROPERTIES I, L.P.,
15' a Cal i forn i s - L'i mi ted Partnership
SER. No. 2002135205
PROPOSED EASEMENT
AREA =
I 7.441 + /- SO, FT.
CENTERLINE OF 30'FOOT WIDE STRIP 1. 0 '
TRANSMISSION AND D I S T R I B U T I O N a
OVERHEAD ELECTRICAL EASEMENT.
*A
\-- STR I P 3
PONT ,,;8„
`�Q�. PROPOSED POLE
44/6
S 9-
t
LEG
r p
X PROPOSED POLE
( ) PER 109 MAPS 15
Bas is of Bear i ngs : Bear ings. SS "2
ar,e based on Ca-1 i f,orn i s Coo rd i note S c 1
System (CCS83 EPOCH1991.35) ZONE 3 01
and are based on Global Positioning
Sy,sytem (GPS)
AUTHORIZATION
30471419/0050 r L AKE V I L L. -PE TAL UMA C
BY K . . FILOSOK 60 kV RELOC
DR K Ft�oso SYER'S PROPERTIES I
CH E. ESPINOZA
O.K.. S. .ttULtCK CITY OF PETALUMA
PACIFIC GAS AND ELECTRIC. COMPANY
DATE 04- 06 -20t0 San Francisco California
` 1
o
P 6
<
/ REFERENCE:
RIGHT OF WAY
APPRAISAL MAP
No. A- 10333.13
7CN 01-09-021
AREA NORTH COAST
COUNTY SONOMA
SCALE 1 " =50
HEFT NO. 1 OF 1
DRAWING NUMBER CHAP
L -9125 1 1
q11
` 1
o
P 6
<
/ REFERENCE:
RIGHT OF WAY
APPRAISAL MAP
No. A- 10333.13
7CN 01-09-021
AREA NORTH COAST
COUNTY SONOMA
SCALE 1 " =50
HEFT NO. 1 OF 1
DRAWING NUMBER CHAP
L -9125 1 1
q11
. DECLARATION OF PROOF OF SERVICE
I, Sharon Abrahamson, the undersigned, declare as follows:
am a citizen of the United States and employed in,the County of Alameda. f am over
the age of eighteen years and not a party to this.action; my business address is Meyers,
Nave, Riback, Silver &.Wilson, 555 12th Street, Suite 1500, Oakland, California, 94607.
On the date last written. below, I caused to be served by PERSONAL DELIVERY, the
attached NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY on the
interested 'parties in this action, and by placing a true copy thereof in a sealed
envelope(s), each envelope addressed as follows:
Syers Properties I, L.P.
,Syers Properties I, L.P.
c/o Gayle S. Syers
325 Ascot Road
Hillsborough, CA 94010
Syers Properties I, L.P.
c/o Gayle S. Syers
1.20 Village Sq., #1,00
Orinda, CA 94563
(X) (BY PERSONAL DELIVERY) I caused each such document to be delivered by
hand to each above named addressee.
(X) (BY FIRST CLASS MAIL) I caused each such envelope, with postage thereon
fully prepaid, to be placed in the United States mail at Oakland, California. I am
readily familiar with the business practice for collection and processing of mail in
this office; and that in the ordinary course of business. said document would be
deposited with the U.S. Postal Service in Oakland on that same day.
understand that service shall be presumed invalid upon motion of a party served
if the postal cancellation date or postage meter date on the envelope is, more
than one day after the date of deposit for mailing contained in this declaration.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this Declaration was executed on this
7 day of August, 2010, at Oakland, California.
�r
452- 1391497777.1
Page 4
so