HomeMy WebLinkAboutAgenda Bill 4.CPart3 11/15/2010Resolution No. 2009 -172 N.C.S. ATTACHMENT MENT 5
of the City of Petaluma, California
SEEKING AUTHORIZATION FROM STA'L'E TO CONDUCT
RESOLUTION 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
contractregarding 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 10 -1 and the East Washington Street
Interchange to accommodate road widening and the relocation ofutlities ( "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 Cal_ifomi'a; 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 compl`eti'on of the Project requires that the City proceed under the
Coo.perati,ve 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. Hi ghway 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
M.
Resolution No. 2009 -172 N.C.S. Page l
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 \ Appr ved `s to
Council of the City of Petaluma at a Regular meeting on the 19` day of October, J f
2009, by the following vote:
AYES:
Glass, Harris, Healy, Rabbia, Renee, Mayor Torliatt
NOES:
None
ABSENT:
Vice Mayor Barrett
ABSTAIN:
None,
ATTEST:
(��
Deputy City Clerk
Ci
i
tayor
V
LQ
Resolution No. 2009 -172 N.C.S. Page 2
State of California
A'T'TACHMEN'T 6
Business, Transportation and Housing Agency
To: Basem Muallem Date: September 30, 2010
Interim Division Chief
Right of Way File: - 4-Son -101
From: DEPARTMEENT OF TRANSPORTATION District 4
R/W Local Public Agency Services
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 to allow the Petaluma
City Council to hear Resolutions :of Necessity for the U_ S Route 101 /East Washington Street
Interchange Improvement' Proj ect. 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 performel 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 ofNeeessity 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 US 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 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. of the De ment's approval.
R.A. MACPHERSON Appro d By:
Deputy District Director
Right of Way
Cc_ LEmadzadeh BASEM`MUALLEM
BPerrill Interim Division Chief
Right of Way
L9 2
e e Ir s I nave ribank silver & wi
Y Ilson
ATTACHMENT 7
professional law corporation Claudia J. Gorham
Attorney at Law
510.808.2000
August 27, 2010
VIA HAND DELIVERY & U.S. MAIL
Regency Petaluma, LLC
c/o Bruce Qualls
2999 Oak Road, Suite 1000
Walnut Creek, CA 94597
RE: CITY OF PETALUMA
EAST WASHINGTON STREET — HIGHWAY 101 INTERCHANGE IMPROVEMENTS PROJECT
840 — 986 E. Washington Street, Petaluma, CA
(APNs! 007- 031 -001 007- 473 -040; 007 -251 -001 and 007.241 -002
Dear Mr. Qualls:
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,
with a new date and time.
Enclosed please find anew Notice of Intention to Adopt Resolution of Necessity. On October 1.4, 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 sef 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 that which was offered.
55512th Street, Suite 1500
l Oakland, California 94607 l W 510.808.2000 l
fax 510.444.1108 l
www.meyersnave.com
LOS ANGELES a
OAKLAND v SACRAMENTO m - SAN
FRANCISCO
SANTA ROSA
63
BtuceQualis•
Mgust 27, 2010
2
Again, the City would rather 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,
Claudia J. Gorham
CJG:sla
452 - 140/1503845.1
694
NOTICE OF INTENTION TO
ADOPT RESOLUTION OF NECESSITY
CITY OF PETALUMA
EAST WASHINGTON STREET — HIGHWAY 101 INTERCHANGE
IMPROVEMENTS PROJECT
840 — 980 E.. Washington Street, Petaluma, CA
(APNs 007 -031 -001; 007 -473 -040; 007 - 251-001;; and, 007- 241 -002),
Property Owner: Regency Petaluma, 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 . a partial Fee Simple parcel
(3,352 square meters [36,081 square feet] Caltrans' Parcel 60296 -1), a
Temporary ConstructionEasement (1,356 square meters [14,596 square feet]
Caltrans' Parcel 60296 -2),, and a 1.524 Meter Utility Easement (687 square
,meters [7,395 square feet]'' Caltrans' Parcel 60296 3) in and to a portion of the
.subject property. Legal descriptions and plat maps for'the proposed acquisitions
flare set forth in Exhibits "A," "13," "C" 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, 1,24.0.150, 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; and approval by Caltrans for the East Washington
Street/Highway 101 Interchange Improvements Project.
NOTICE IS FURTHER GIVEN that on the 14th 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 place of the City Council of the City of Petaluma, Petaluma
City Hall, 11 English Street, Petaluma, California 94952, at the time and
Page 1
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 (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 the public interest and necessity require the Project;
(b) Whether the Project is ,planned or Joca_ted in the manner that will be
most compatible with the greatest public good and the least private
injury;
(c) Whether the 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.
[Continued off next page]
Page 2
L
NOTICE IS. FURTHER GIVEN that.the'failure to file a written request to
appear and be heard within fifteen (15) days after the mailing of this Notice will
result in waiver of the right to appear and be heard.
Dated: August 27, 2010 . CITY OF PETALUMA
By: n
CLAUDIA J. G HA
Special Counsel for the City of Petaluma
Page 3
1191
b
I
Parcel '1 (60296 -1
Being a portion of the lands of Regency Petaluma, ,LLC, as described in that Grant
Deed from Petaluma City Joint Union High School District, filed May 18, 2004 under
Document No. 2004 - 074843, 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 right of
way is described in that Grant Deed from Blackwell Company to the State of California,
filed December 11, 1952 in Book 1175 of Official Records at Page 47, Sonoma County
Records, said .point lying at the southwesterly terminus of the course recited as "S.
66 0 49'00" W ., 134.26 feet" in the last said deed; thence along said existing right of
way, along a curve to the left, from a tangent that bears South 67 °42'36" West with a
radius of 67.054 meters, through a central angle of 6 9 40'39 ", for a distance of 7.815
meters to the Point of Beginning of the parcel to be herein described
thence, from said POINT OF BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38 °59'59 for a distance of 27.963 meters;
thence, North 44°52'30" East, fora distance of 69.003, meters;
thence, along a tangent curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45 ", for a distance of 102.495 meters;
thence, along a compound curve to the right, with a radius of 50.000 meters, through a
central angle of 13 0 5415", for a distance of 12.134 meters;
thence, South 55 °49'30" East, for a distance of 68.527 meters;
thence, South 52 0 48'41" East, for a distance of 33.595 meters;
thence, South 50 °08'06" East, for a distance of 27.854 meters;
thence, along a tangent .curve to the right, with a radius of 307.000 meters, through a
central angle of 04 °51'05", for a distance of 25,.995 meters;
thence, along a compound curve to the right, with a radius of 882.901 meters, through
a central angle of 03 °00'58 ", for a distance of 46.478 meters to a point in the
northwesterly boundary of the lands of the State of California as described that deed
recorded September 8, 1972 in Book 2661 of Official Records at Page 964, Sonoma
County records;
K: 1Eng0910990841Docs \Legalst2421_Regency ROW.doc
8112110
_thence, along said northwesterly boundary, North 48 °08'38" East, for a distance of
2.514:meters to the existing right of way of the lands of the State of California as
described, in that Grant Deed, from Blackwell Company to the State of California, filed
December 11, 1 'in Book 1175 of Official Records at Page 47, Sonoma County
Records;
thence along said existing right. of way the following 7 courses: 1) on a non- tangent
curve to the left, from a tangent that bears, North 42 °51'3.0" West, with a radius of
868.716. meters, through a central angle of 14 °42'51"', for a distance of 223.096
meters;
2) thence, North 57 °34'09" West, for a distance of 21.686` meters;
3) thence, along a non- tangent curve to the left, from a tangent that bears North
57 0 34'06" West, with a radius of 33.527 meters, through a central angle of 76 0 07'18 ",
for a distance of 44.543 ;meters;
4) thence, South 46 °18'3.6 West, for a distance of 98.024 meters;
5) thence, along a tangent curve to the right, with a radius of 85.344 meters, through a
central angle of 21 °24'00", 'for'a distance of 31.876 meters;
6) thence South 67 6 42'36" West, for a distance of 40.921 meters;
7) thence, along a tangent curve to the left, with a radius of 67.054 meters, through a
central angle of 06 °40'39'', for a distance of 7.815 meters to the POINT OF
BEGINNING.
Containing 3,352 square meters (0.335 hectares), more or less..
This, conveyance is made fo:r the purpose of a freeway and the 'grantor hereby releases
and relin4uishes, to the 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 0:9999668,86 to obtain ground distances.
Prepared by:
BKf Marlenzoli
Ralph H" Thorna:
Lic. Exp. 9/30/1'1
IM
T ,
Exp. 09/30/11
KaEng091099084kDocs\Legals12421 _Regency ROW -doc
8112110
I r Dated: d (2 10
L-38'W5V
.R=41.'082rn
L=21.*963rn
GRASS DISK ffKING
STATION 760+00 ON F UNE
6 4d.39"
7-Q5ft
.815m
rn
2
o')
R=85.344rn
L:;=31.876m
N46 b
6
4�
'S44
W 6g Z
O p
4
LANDS OF
REGENCY PETALUMA LLC A-13'540 5"'
DN 2004-074843 R=50.00bm
L=12.1
_1,
535'57'10'W
0 . 1 20m
COMMENCEMENT
STATION 76+31.918 BRASS DIS MARKING
OF "P" LINE STATION 789+77.67
r
OF / "F" LINE
052
N50-08
27 854n
DETAIL X A--
NOT To 3
SCALE
L=25.995ni
37 0 . 87
R=882'901
L 46.478m.
POINT 017 BEGINNING�
STATE OF CALIFORNIA
PEDESTRIAN OVEIRCROSSING
2661 O.R. 964
0 40 WO METERS
w
W'W
1:.200.0 AN- 8RG.
DATE REGENCY,PETA.LUMA, LLG TO
OCTOBER 2009
STATE OF CALIFORNIA
DRAWN BY
BJA
C>
cq 151 ID
JOB NO.
0 2421 RALPH H. THOMAS L 5 4760
Z
2421M egency-j?QW.dw9
>
Z' 0
C.4
F
F-
S48*0a'.38"W
2.514m
I
It
,FS5734'09"E
.21.686m
I S 51 7'-34'21'E
TAN. BRG.
-nP "A"
m
,7
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (60296.2)
Being an easement for construction purposes and ,incidents thereto, upon and across
a portion of the lands of- Regency Petaluma, LLC', as described in that Grant Deed
from Petaluma City Joint Union Nigh School District, filed May 18, 2004 under
Document No. 2004- 074843, Official Records of the County of Sonoma and being a
strip of land of the uniform Width of 3.000 meters lying southerly and westerly of. the
following described line_
Commencing at a point on the existing right of way of the State of California, as said
right of way is described in'that Grant Deed from Blackwell Company to the State of
California, filed December 11, 1952 in Book 1175 of Official Records at Page 47,
Sonoma County Records said point lying at the westerly, terminus of the course
recited as "S. 66 °49'00" W ., 134.26 feet" in the last said deed; thence along said
existing right of way, along: a curve to the left, from a tangent that bears, South
67 °42'36" West with a radius of 67.054 meters, through a central. angle of 6 °40'39 ", for
a distance of 7.815 meters to the Point of Beginning of the line to be herein described;
thence, , from said POINT OF BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38 °59'59 ", for - a distance of 27.963 meters;
thence,'North 44 °52'30" East, fora distance of 69.003 meters;
thence, along a tangent curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45", for a distance of 102.495 meters;
thence,,along compound curve to the right, with a.reidius of 50.000 meters, through a
central angle of 13 °5415 ", for a distance of 12.134 meters;
thence, South 55 °49'30 East, for a distance of 68.527 meters;
thence, South 52 °48'41" East, for a distance of 33 -595 meters;
thence, South 50 °08'06" East, fora distance of 27.854 meters;
thence, along a tangent curve to: the right, with a radius of 307.000 meters, through a
central angle of 04 °51'05 ", for a distance of 25.995 meters;
thence, along a compound curve to 'the right, w "ith a radius of 882.901 meters, through
a central angle.of 03 °00'58 ", for a distance of 46.478 meters to a point in the northerly
boundary of the lands of the State of California as described that deed recorded
September 8, 1972 in Book 2661 of Official Records at Page 964, Sonoma County
Records and the POINT OF TERMINATION of the hereinabove described line.
K:\Eng09\ 099084 \DocslLegals12421_Regency TCE(2):doc
8112110
(3
The sidelines of said easement shall be lengthened or shortened as necessary to
intersect said common boundary of the lands of Petaluma Regency, LLC, and the
lands the State of California as described in that Grant Deed filed September 8,
1972 in Book.2661 of Official Records at Page 964, Sonoma County Records, on the
south and said lands of the State of California on the north.
Containing 1,356 square meters (0.136 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Prepared by: g NPL LANp
BKF / Carlenzoli H. ' y,
/ Exp. 09/30111 N �,ated: 6 1.Z 0
H.
OF C
10
K '�Eng091099084\Docs \Legals\2421 _Regency TCE(2).doc
8112/10
POINT OF
,.� vsr
s�
d=- 6'40'39"
R= 67.054m
L= 7.815m
POINT OF COMMENCEMENT
,,(S66'49'00 "W 134.26' — PER 1175 O.R. 47)
A= 38'59'59"
R =41.082m
L= 27.963m
3.000m J T
&--65'23'45" Q
R= 89.800m ,—
E
L
0
0
0
Q
0
a.
LANDS OF L= 102.495m
REGENCY PETALUMA LLC A=13'54'15"
DN 2004 - 074843 R =50.000M
L= 1- 2.134m
I
FUTURE RIGHT OF WAY LINE
S52'48'41 "E
33.595m
S50'08'.06 "E -�
27.854m
A=- -4'51'05"
R= 307.00 0m
L= 25.995m
x=3 00'58"
R =882.901m�
L= 46.478m
STATE OF CALIFORNIA
PEDESTRIAN OVERCROSSING
26.61 O.R. 964
RALPH
2421EXH8— Regency— TCE.dwg
,:,
9 �G
N O
Exp. — 47 0111
!�
A1�4760 //* /
LS 4760
r
Q
z
C�3
!—i
Subject TEMPORARY CONSTRUCTION EASEMENT
9l 0 CIRCL OVER THE _LANDS OF :REGENCY PETALUMA, LL C
SANTA" OSA, CA 95401 Job No. 20099084
PH: 707- 542 -
FAX: 707 542 - 1645 By JAK SHEET APR 1010 OFkd RfI1
-175
11 7 Lp
� - r
BKF / Carlenzoli
Engineers / Surveyors I Planners
325 Tesconi Circle
Santa Rosa, CA 95401
CA `L `E N Z O L I Tel. 707 - 542 -6465
Fax. 707-542-1645
F14GINF.ER5 - SLIP.VEYOP.S I PLANNERS www.bkf.com
1.524 METER UTILITY EASEMENT
Parcel 1 (60296 -3)
Being a portion of the lands of Regency Petaluma, LLC, as described in that Grant
Deed from Petaluma City Joint Union High School. District, filed May 18, 2004 under
Document No. 2004- 074843, Official Records of the County of Sonoma and being a
strip of land of the uniform width of 1.524 meters lying southerly and westerly of the
following described line:
Commencing at a. point on the existing right of way of the State of California, as said
right of way is described in that Grant Deed from Blackwell Company to the State of
California, filed December 11, 1952 . in Book 1175 of Official Records at Page 47,
Sonoma County Records, said point lying at the westerly terminus of the course
recited as "S. 66 °49'00" W ., 134.26 feet" in the last said deed; thence along said
existing right of way, along a curve to the 'left, from a tangent that bears, South
67 °42'36" West with 'a radius of 67.054 meters, through a central angle of 6'40'39', for
a distance of 7.815 meters to the Point of.Beginning of the fine to be herein described;
thence, from said POINT OF BEGINNING, North 83 °52'29" East, for a distance of
35.972 meters;
thence, along a tangent curve to the left, with a radius of 41.082 meters, through a
central angle of 38 0 59'59', for a distance of 27.963 meters;
thence, North 44 °52'30" East, for a distance of 69.003 meters;
thence, along a tangent.,curve to the right, with a radius of 89.800 meters, through a
central angle of 65 °23'45 ", for a distance of 102.495 meters;
thence, along a .compound curve to the right, with a radius of 50.000 meters, through a
central angle of 13: °5415", for a distance of 12.134 meters;
thence, South 55 °49'30" East, for a distance of 68.527 meters;
thence, South 52 °48'41" East, for a distance of 33.595 meters;
thence, South 50 °08'06" East, for a distance of 27.854 meters;
thence, along a tangent curve to the right, with a radius of 307.000 meters, through a
central angle of 04 0 51'05'', for a distance of 25.995 meters
thence, along a compound curve to the right, with a radius of 882.901 meters, through
a central angle of 03 ° 00'58 ",'for a distance of 46.478 meters to a point in the northerly
boundary of the lands of the State of California as described that deed recorded
K :1Eng0910990841DocSlLegals12421 _Regency Ulility).doc
8112110
fi l m al
SKF / carlenzoli
Engineers / Surveyors / Planners .
325 Tesconi Circle
Santa Rosa, CA 95401
C A R L E N Z O L I
Tel. 707 -542 -6465
Fax. 707 - 542 -1645 .
FNGINEER5, 5LJRVFY01?S' PCANNER5
www.bkf.com•
September 8, 1972 in Book 2661 of Official Records at Page 964, Sonoma County
Records and the POINT_OF TERMINATION of the hereinabove described line.
The sidelines of said easement shall be lengthened or shortened as necessary to
intersect said common boundary of the lands of ?Petaluma Regency, LLC, and the
lands of State of California as described in that Grant Deed filed September 8,
1972 in Book 2661 of Official Records at Page 964, Sonoma County Records, on the
south and said lands oUthe State of California on the north.
Containing 687 square meters (0..069 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Prepared by: ,, LAMB
BKF / Carlenzoli
f Exp. 09/30/11 ated: �Z
Ralph H. ThomasX. No. 4
Ul
L
K: kEng09\ 099084\Docs \Legals12421_Regency Utility).doc
8/12110
6-� 6'40'39"
P777; G R= 67.054m
L= 7.815m
POINT OF COMMENCEMENT
-(S66 *49'00 "W 134.26' - PER 1175 O.R. 47)
A---38'59'59 °J IV44'52'30169003m
R= 41.082m
L= 27.963m
1.524m (5.00 FT.)�
6= 65'23'45"
= l 02 .800m
LANDS OF
L= 1 02.495m
REGENCY PETALUMA LLC p= 13.54'15"
DN 2004- 074843 R- 50.000m
L= 12.134in
S52'48'41 "E -
33.595in
S50'08'06 "E -
27.854m
A--4.'51'05"
R= 307.000m
L =25'.995m
X3'00'58 "'
R=882-'§01m �
L= 46.478m
STATE OF CALIFORNIA
PEDEST VER. OSSING
oN pL LA` O.R. 964
rtio ,Q
N 0
p
Exp. 09/30111
J /G No. 4760/ !
a 2421EXH8— Regency -5' Utitity.dwg
325 TESCONI CIRCLE
SANTA ROSA, CA 95401
PH: 707 -5 - -2 -6465
FAX: 707 -542 -1645
RIGHT OF WAY JUNE
CD
p
T
T
r
Q
C�
H
Subject 1.524m UTILITY EASEMENT
OVER THE LANDS OF REGENCY PETALUMA, LLC
Job No. 20099084
By JAK Dote Jul 2010 Chkd.
SHEET J OF
DECLARATION OF PROOF OF SERVICE
I, Sharon Abraham. son, the undersigned, declare as follows:
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:
Regency Petaluma, LLC
Regency Petaluma, LLC
c/o Bruce Qualls
2999 Oak Road, Suite 1000
Walnut Creek, CA 94597
(X) (BY PERSONAL DELIVERY) 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 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. 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.
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
970day of August, 2010, at Oakland, California.
rvoA
Sharon brahamson
452 - 1'40/1497925.1
452.14011497925 Page 4
0