HomeMy WebLinkAboutAgenda Bill 4.APart3 11/15/2010Resolution No. 2009 -172 N.C.S. ATTACHMENT 5 -
of the City of Petaluma, California
SEEKING AUTHORIZATION FROM STATE TO CONDUCT
RESOLU'T'ION OF NECESSITY HEARINGS: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, improvement or 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 fora 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 any 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, BE IT RESOLVED that the City Council of the City. of
Petaluma, County of Sonoma, hereby agrees to conduct, resolution of necessity hearings, and to
Resolution No. 2000 -17.2 N ..C.S. Page I
adopt or reject the proposed.resolutions,of necessity, as contemplated. by the Cooperative
Agreement, to obtain the real property and real property interests determined to be necessary for
the Project. The City Clerk shall certify the passage and adoption 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 / 7Fs to
Council of the City of Petaluma at a Regular meeting on the 19 day of October, (
2009, by the following vote:
AYES: Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: Vice Mayor Barrett
ABSTAIN: None
ATTEST:
Deputy City Clerk
Resolution No. -2009' -172 N.C.S. Page 2 ��
State of California
Memorandum
To: Basem Muallem
Interim Division Chief
Right_ of Way
From: DEPARTMENT OFTRANSPORTATION— District 4
R/W Local Public AgencyServices
ATTACHMENT 6
Business, Transportation and Housing Agency
Date: September 30, 2010
File: 4 -Son -101
subject: Request to Hear Resolutions of Necessity by City of Petaluma City Council
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 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 US Route 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 of the Department's Right of WayManuaI,
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 projecthas-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 US' Route 101/East Washington Street
Interchange Improvement:Project. Associated Right of Way Services,'Inc. and the City of Petaluma
will comply with all the Department Right of Way policies and procedures, including the
requirement to provide a-45 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.oftheDe -tment's approval.
R.A. MACPHERSON Appro d By:
Deputy District Director
Right of Way
Cc_ LEmadzadeh
BPerrill
BASEM MUALLEM
Interim Division Chief
Right of Way
t-A
ATTACHMENT 7
m e Y e r s I n a v e riback.silver & wilson
professional law corporation
August 27, 2010
VIA HAND DELIVERY & U.S. MAIL
Novak Property, LLC
c /o,Jeffrey L. Novak
2015 Laguna Vista Dr
Novato, CA 94945
Claudia J. Gorham
Attorney at, Law
510.808.2000.
RE: CITY OF PETALUMA
EAST WASHINGTON STREET — HIGHWAY 101 INTERCHANGE IMPROVEMENTS PROJECT
101 -181 N. McDowell Boulevard, Petaluma, CA
(APN 007 -340 -007)
Dear Mr. Novak:
Recently the City of Petaluma ("City") served a Notice of intention to Adopt Resolution of Necessity on you
Due to the recent receipt of a revised plat for the Highway Easement - and updated description and plat for
the Joint Trench Easement, the City is re- serving the Notice of Intention to Adopt Resolution of Necessity.
Enclosed please find a new Notice of Intention to Adopt Resolution of On October 14, 2010, at
6:00 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 to 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 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,
a nonappearance will not prevent you, as a property owner, from seeking a greater amount of
compensation than which was offered.
55512th Street, Suite 1500
1 Oakland, California 94607 1 tel 510.808.2000 1
tax 510.444.1108 1
vu .meyersnave.com
LOS ANGELES a
OAKLAND • SACRAMENTO • SAN
FRANCISCO
SANTA ROSA
/-�
Jeffrey L. Novak
August 27, 2010
2
Again, the City, would rather negotiate a purchase and sale ggreement with you and will continue to conduct
such negotiations with you. However, due 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 ine should you have any questions.
Very truly yours,
MEYERS, NAVE, RIBACK, SILVER & WILSON
Gk �
Claudia J. Gorham
CJG:sIa
Enclosures
452 = 141/1499555.1
L9
NOTICE OF ;INTENTION TO
ADOPT RESOLUTION OF .NECESSITY
CITY OF PETALUMA
EAST WASHINGTON STREET — HIGHWAY 101 INTERCHANGE
IMPROVEMENTS PROJECT
101 -181 N. McDowell Boulevard, Petaluma, CA
(APN 007 -340 -007)
Property Owner: The Novak Property, LLC
NOTICE IS HEREBY 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 1245.210) 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 Highway Easement parcel
(4,75.0 square meters [51 square feet] Caltrans' Parcel 60298 -1), a Joint
Trench Easement (377 square meters [4,058 square feet] Caltrans' Parcel
60298 -2), a Sanitary Sewer and Water Easement (526 square meters [5,662
square feet] Caltrans' Parce160298 -3) and a Temporary Construction Easement
(1,410 square meters [15;177 square feet] Caltrans' Parcel 60298 -4) in and to a
portion of the subject property. Legal descriptions and maps for the proposed
acquisitions are set forth in Exhibits "A," "B," "C," and "D" 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,
1,240.120,'1240.150, 1240.350 California Government Code sections 37350.5:,
87353,,39'792, 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; and approval by Caltrans for the East Washington
Street/Highway 1101 Interchange Improvements Project.
NOTICE IS FURTHER GIVEN that on the 14th day of October, 201.0, at
the hour of 6:00 p.m., or soon thereafter as the matter may be heard, in the
regular meeting place of the City Council of the City of Petaluma, Petaluma
Page 1
/-7O
City : Hall, 11 English Street, Petaluma, California, 94952, at the time and
place appoirited' 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 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 (1.5) 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 has the 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.thepub'lic interest and necessity require the Project;
(b) Whether the Project is planned or located in the4 manner that will be
most compatible with the greatest public good and the least private
injury;
(c) Whether the property sought to be acquire_ d 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 impairthe continued public use
as it now exists or may reasonably be expected to exist in the
future;
(e) Whether the: property is being acquired fora more necessary public
use under the Code of Civil Procedure section 1.240.610 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 1
�1
NOTICE IS FURTHER,.GIUEN that:the failure to fileia written request to
appear and be heard within fifteen (15) °days afterthe mailing of this Notice will
result in waiver of the right to appear and be heard.
Dated: August 27, 2010 CITY OF PETALUMA
By: C1 "'
CLAUDIA J. G RHAM
Special Counsel for the City of Petaluma
Page 3
12-
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W-142 j
4�r
73
Parcel 1 (602984
Being a portion of the 'lands of Maria I. Novak, Trustee of the Maria I. Novak, Trust,
dated March 4, 1991, Darlene. be Bernardi, 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 the Grant Deed recorded May
30, 1973 in .Book 2767 Page 460, the Quitclaim Deed recorded March 26, 1991 as
Document No. 1991- 0026172, and the Quitclaim. Deed recorded August 3, 2009 as
Document No. 2009 - 076131, all Official Records of the County of Sonoma, being more
particularly described as follows:
Beginning at 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 „fled 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 0 25'29” E., 884.07 feet" in the last said deed;
thence from said POINT OF BEGINNING, along said existing right of way, North
37 °19'06" East, for a distance of 38.829 meters;
thence, leaving said existing right of way, North 74 °58'11" West, for a distance of
29.308 meters;
thence, along a tangent curve'to the right, with radius of 187.400 meters, through a
central angle of 02 9 58'37 ", for a distance of 9.737 meters;
thence, along a non- tangeftcurve to the right, from a,tangent that bears, North
81 °18'34" West, with a radius of 60.960 meters, through a central angle of 21 °48'59 ",
for a distance of 23.212 meters:
thence, North 59'29'33" West, for a distance of 53.992 meters;
thence, North 33 °02'56 ":East, for a distance of 1.340 meters;
thence, North 56 °57'04" West, for a distance of 49.777 meters;
thence, North 50 °53'08" West, for a distance of 18.692 meters;
thence,. North 58 °22'44" West, for a distance of 30.000 meters;
thence, North 63 0 14'46" West, for a distance of 18.239 meters;
thence, North 60 °09'13" West, for a distance of 9.556 meters;
thence, North 62 0 10'59" West, for a distance of 5.374 meters;
K:1Eng09lO99004DoGsV- egafst2421 Novak Permanent Easement(ROM.doc
8/12/10
4
thence, North b8 °22'44" West, for a distanc&of'0.8094meters to a point on the common
boundary of said.lands of Novak, et.al,zrid the lands of Syers Properties I, L.P., as
described in that'Quitclaim Deed filed September 9, 2002, under Document No. 2002
135205, Official. Records of the County of Sonoma;
thence, along said common boundary, South 36 °46'56 "'West, for a.distance of 12.117
meters to a point on.said existing right of way of the State of California;
thence, along said right of way, South 55 0 24'34" East, for a distance of 243.755 meters
to the Point.of Beginning.
Containing 4,750 square meters (0.475 hectares), more or less.
This conveyance. is made for the purpose of a freeway and the grantor hereby releases
and relinquishes; to th`e grantee any and all abutter's rights including access rights,
appurtenant to grantor's remaining property, in and to said freeway.
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: �11-i.IAI�Ito 13KF ! Carlenzoli o
Exp.09l30 /11 w
No. 4760 1 D ted: 817— 1 1 0
Ralph H. Thomas, L S No. 476
Lic. Exp. 9/30/11 sTgT ��P
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Distribution Easement Rev. (07/09)
LD 2405 -07- 143 "5
2010160 (01 -09 =024) 6 10 1
Lakeville — Petaluma C
Gas & Elec. Distribution
(APN 007 -340 -007)
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 1,0 feet extending from the northwesterly
boundary line of Parcel No. 1 as shown upon PARCEL MAP No. 6, filed for record December 13,
1968, in Book 109 of Maps , page 15, Sonoma County Records, southeasterly to the
southwesterly boundary line of the strip of land designated "G &E" upon Pacific Gas and'Electric
Company's Drawing No. 3039.1800 attached to the Relocation Agreement between Maria I. Novak
and others dated May 25 2005, and recorded as Recorder's Serial No. 2005081921, Official
Records of Sonoma County, and 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 center line of McDowell
Boulevard, (for identification only, said course as shown upon said PARCEL MAP No. 6
has a bearing of N54 °31 " 30 "W and a length of 759.80 feet) and running
(a) south 2741'38" west 888.72 feet
to a point in the northwesterly boundary line of said PARCEL ,No. 1 being the TRUE
POINT OF BEGINNING of this line; thence leaving said northwesterly boundary line
(1) south 51'28'17" east 275.76 feet; thence
(2) south 56 °57'04" east 161.00 feet; thence
(3) south, l 1 '16`11 " west 9.08 feet
to a point in said southwesterly boundary line.
STRIP 2. A strip of land of the uniform width of 5 feet, lying contiguous to and northwesterly
of the northwesterly boundary line of a strip of land delineated and designated "E" on said Drawing
No. 30391800 (for identification only, the center line of said strip as shown upon said Drawing has a
bearing of S 36° 05:5` W and a length of 153.2 feet), and extending southwesterly 136.31 feet, as
measured along said northwesterly boundary line of said strip of land designated "E The sidelines
of said strip of land' of the uniform width of 5 feet shall be lengthened or shortened at the
northeasterly terminus thereof so as to terminate in said southwesterly boundary line.
The foregoing,descriptions are based on a survey made by second party in April, 2010.
Bearings are based on the California Coordinate System (CCS83 EPOC14 date '1'991.35), 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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EXHIBIT `A'
Parcel 1 160298 -3
Being a portion of the lands .of Maria I. Novak Trustee of the Maria I. Novak, Trust,
dated March 4; 1991, , Darlene Kehoe, successor Trustee under the Joanne Novak St.
Clair Irrevocable Trust Agreement, dated December 23, 11996, and Joseph Felix, a
widower and Stanley M; Felixa 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 - 0761.31,
'Official Records of the County of Sonoma, 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 °25'29" E., 884.07 feet "; thence from said Point of Commencement
along said existing right of way of the State of California North 37 0 19'06" East, for a
distance of 38.829 meters
thence, leaving said existing right of way, North 74 °58'11 West, for a distance of
29.308 meters;
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 °58'37 "; for a distance of 9.737 meters;
thence, along a non tangent curve to the right, from a tangent that bears, North
81 West; with a radius of 60.960 meters, through a central angle of 21 °48'59 ",
for a distance of 23.212 meters;
thence, North 59 °29'34" West, for a distance of 12.701 meters;
thence, North 30 0 ,3026" East, for a distance of 3.046 meters to the Point of Beginning
of the parcel to be herein described;
thence from said POINT OF'BEGINNING, along a curve to the right, from a tangent
that bears North 61 °06'38" West, with 'a radius of 184.352 meters, through a central
angle of '04 °09'34 ", fora distance of 13.383 meters;
thence, North 56 °57'04" West, for a distance of 75.375 meters;.
thence, North 51 °28'17" West, for a distance of 84.099 meters to a..point on the
common boundary of said lands of Novak, et al, and theaands of Syers. Properties I,.
L.P., as described' in that grant deed filed under Document No. 2002 135205, Official
Records of the County of Sonoma;
thence,'along said common `boundary, North 36 °46'56" East, for a distance of 3.049
meters;
KiEng09I0990841Docsl Legalsl2421_Novak SSBWA.doc
8/17/10
I
thence, leaving said common boundary, South 51 °28'17" East, for a distance of 84.046
meters;
thence, South 56 °57'04" East, for a distance of 75.229 meters;
thence, along a tangenttcurve to the left with a radius of 181.304 meters, through a
central angle of 04 0 11'127, for a distance of 13.248
thence, South 30 0 30'26 West, for a distance of 3.049 meters to the Point of
Beginning. "
Containing 526 square meters (0.053 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: � LAND SG
BKF ! Carlenzoli
Exp. 09/30/11
Dated: i' 10
Ralph H. homas, No.
Lic. Exp. 9/30/11 21
OF CAL��
K9Eng0910990841DocslLegalsl2421 _Novak_SS& WA.doc
8/17110
<�3
58 EXHIBIT 'B' LANDS OF
SYERS PROPERTIES 1, L.P.
57 I N36 '56 "E F/ -1 Cr L 2 DN 20027135205
3.049m PAR AlA P 5
56 cn I S) JS MAPS 15
55
I
CD
.
.
v
V
m
54
E
�
F"ARCEL l
53
°'
�0'
4°-
m,.0)
LANDS OF N.OVAK, ET AL
52
3
3
2767 O.R. 460
DN 1991 - 026'172
51
MI
V
DN 2009 - 076131
Q 5
c
50
in
tTl
49
L
A - -4'09 34 "
n
x=4'11'12"
R =184.352m
`'
R =.181.304m
L =13.383m
1,4
L =13.248
as
N30'30'2 "E
S30'30'26 "W
3.046m
3.049m
N59'29'34 "W
N61'06'38 "W
12.701m
N. RG:
I
POINT OF
A--21'48'59"
BEGINNING
R =60.960m
X2`58'37"
L =23:212m
�
R =1'87.400m
N81'18'34 "W
L =9.737m
TAN. BRG.
`
N74'58'11 "W
29.308m
T
0
T
LU
H
D
cc
O
;\
E
— — (N36'25'29 "E 884.07'- PER '1233' O.R. 381) - — — -
POINT OF
COMMENCEMENT E WASHINGTON ST
G�
`100
Mid
METERS
' 325TESCONI CIRCLE Sub' ect SANITARY SEW EASEMENT
` OV R THE LANDS OF NOVAK
®® SANTA ROSA, CA 95401
PH; 707 = 542 -6465 Job. No,. 20099084
CARL E.N Z,,O L I FAX: 707. - 542 - 1645 By JAK Dote MAR 2010 Chkd.
ENGINEERS I SURVEYORS /'PLANNERS SHEET 1 OF 1
N
M
n
0
0
N
0
EL 2421EXH8— Novak— SS_WLE:dwg
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i
�.
EXHIBIT `A'
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (60298 -4)
Being an easement for construction purposes and incidents thereto, upon and across a
portion of the lands of The Novak Property, LLC, as recorded in Document No. 2010 -
026833, Official Records of the County of Sonoma, 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 along said existing right of way of the State of 'California North
37 °19'06" East, for a distance of 38.829 meters-to the Point of Beginning of the parcel
to be herein described;
thence, from said Point of Beginning, leaving said existing right of way, North
74 °58'11" West, for a.distance of 29.308 meters.
thence, along a tangent curve to the right, with a radius of 187.400 meters, through a
central angle of 02 °58'37 ", for a distance of 9.737 meters;
thence, along a non tangent curve to the right, from a tangent that bears, North
81 °18'34" West, with a :radius of 60.960 meters, through a central angle of 21 °48'59 ",
for a distance of 23.21`2 meters;
thence, North W'29'34" West, fora distance of 53.992 meters;
thence, North'33 0 02'56" East, for a distance of 1:340 meters;
thence, North 56 °57'04" West, for a distance of 49.777 meters;
thence, North 50 0 53'0.8" West, for a distance of 18.692 meters;
thence, North 58 °22'44" West, for a distance of 30.000 meters;
thence, North 63 0 14'46" West, for a distance of 18.239 meters;
thence,, North 60 °09'13" West, for a distance of 9.556 meters;
thence, North 62'10'59" West, for a distance of 5.374 meters;
thence, North 58°22'44" West, for a distance of 0.809 meters to a point on the common
boundary of said lands. of The Novak Property, LLC, and the lands of Syers Properties
I, L.P., as described, in "that Grant Deed filed under Document No. 2002 135205,
Official Records of the County of Sonoma;
K :tEn909t099084V)ocslegals42421 Novak TCE.doc
8/17/10
thence, along said common boundary, North 36 0 46'56" East, for a distance of 12.923
meters;
thence, leaving said common boundary South 51 °28'17" East, for a distance of 84.099
meters
thence, South 56 0 57'04" East, fora distance of 75.375 meters;
thence, along a tangent curve to the left, With a radius of 184.352 meters, through a
central angle of 04 °11'12 ", for a distance of 13A70 meters;
thence, South 59 °29'34" East, for a distance of 12.614 meters;
thence, along a tangent curve to the left, with a radius of 57.912 meters, through a
central angle of 60 °52'24 ", for a distance of 61.528 meters;
thence, South 52 0 40'54" East, for a distance of 11.851 meters;
thence, South 37 West, for a distance of 16.946 meters to the Point of
Beginning;
Containing' 1,410 square :meters (0.141 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:
BKF 1 Carlenzoli
Exp. MOM V
NP. 4760
Dated: t7
Ralph H homas, j�. j o. \* i&
.a
K:IEng09109908410=c egats12421 _Novak TCE:doc
8/17/10
S rI
53
57
56
55
54
53
46J 52
51 52
51
so
49
N58*22'44"W-
0.809
N62'1 0 '59 "W
5-374-m
N60
9.556m
N6314'46"W-
18.239m
N58
30.000m
1 .
N50*53'08'W
18.692m
3*02'56'
A-- 21'48'59'!
R=60.960m
L=23.212m
'A-2"58'37"
R=187.400m
L=9.737m
N74'5Wl I
29.308in
S371 9 06 W 16.946m
POINT OF (N36*25*29"E 884.07'- PER 1233 O.R. 381)
COMMENCEMENT POINT OF E WASHINGTON ST
BEGINNING
O
E
EXHIBIT 'B' 'LANDS OF
, FA R Cf—1 : 2 SYERS PROPERTIES 1, L.P.
N36'46 56 E DN 2002-135205
12.923m PARCEL MAP 6
iog jwAlps -5
FUTURE RIGHT OF WAY LINE
FARCE I
LANDS OF
THE NOVAK PROPERTY, LLC
DN 2010-026833
A= 11'1
-- 4 - 11 'l 2"
,R=184.352m
L= 1 3.470m
S59*29'34"E
12.614m 0 40 100
SCALE 1: 2000 METERS
S52'40'54"E
11.851 m
". T.
57 1
.5.15
N
0
2 421 EXKB—Novak= TCE. dwg
<Z6/
RALPH H... S
0 �Q 5 4760
'B
325 TESCONI CIRCLE
Subject
TEMPORARY
EASEMENT
F
I
OVER THE
LANDS OF THE NOV
LLC
SANTA R OSA_ CA 95401
PH: 70-542-6465
Job No
2
CARLENZOLI
FAX: 707- 542 -1645
By JAK
Date APR. 2010
1
Chkd.RHT
1
SHEET
OF
ENG14 I SMVEYORsi PLANNERS
N
0
2 421 EXKB—Novak= TCE. dwg
<Z6/
DECLARATION OF PROOF OF SERVICE
I, Sharon Abrahamson, the undersigned, declare as follows:
I am a citizen of the United States and employed in the County of Alameda. I 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:
Novak Property, LLC
Novak Property, LLC
c/o Jeffrey L'. Novak
2015 Laguna Vista Dr
Novato, CA 94945 '
McNellis Partners
McNellis Parnters
c/o John E. McNellis
419 Waverley Street
Palo Alto, CA 94301
(cc: - via U.S. mail only)
(X) (BY DELVVERY) I caused each.such document to be delivered by
hand to the above named addressee.
(X) (BY FIRST CLASS MAIL) I caused each such envelope, with postage thereon
fully prepaid, to be placed inthe United States snail at'Oakland, California. I.am
readily:faniliarwith 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. I
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.
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 .
day of August, 201 at Oakland, California.
Sharon Abrahamson
452-141/1498814.1
452.14011497925
Page 4
WE