HomeMy WebLinkAboutResolution 99-066 N.C.S. 03/15/1999 tZesolution No. 99-66 N,C.s.
of tine City of Petaluma, California
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7 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITX
8 REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS AND
9 DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
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11 Payran Reach Flood Control Project
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16 WHEREAS, it is desirable and necessary for the City of Petaluma to acquire certain permanent
17 easements, particularly described in Exhibit "A", attached hereto and made a part hereof by reference,
18 in order to implement the objectives of the project; and
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20 WHEREAS, the City Council of the City of Petaluma is vested with the power of eminent
21 domain to acquire real property by virtue of Article 1, Section 19, of the Constitution of the State of
22 California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 of the
23 Code of Civil Procedure of the State of California; and
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25 WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of
26 the State of California, notice has been duly given to all persons whose property is to be acquired by
27 eminent domain and whose names and addressed appear on the last Sonoma County equalized
28 assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before
29 the City of the City of Petaluma on the following matters:
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31 (a) Whether the public interest and necessity require the Project;
32 (b) Whether the Project is planned or located in the manner that will be most compatible
33 with the greatest public good and the least private injury; and
34 (c) Whether the property sought to be acquired is necessary for the Project;
35 (d) Whether the offer required by Government Code Section 7267.2 has been made to the
36 owner(s) of record.
r.~..........9.9.-66...... N.cs. Page 1 of 2
1 N®W, T~EI2EF®RE, DE IT RESOg,VED that the City Council of the City of Petaluma
2 does hereby resolve as follows:
3 1. The public interest and necessity require the Project to construct flood control
4 improvements on Petaluma Creek;
5 2. The Project is planned and located in the manner which will be most compatible with
6 the greatest public good and the least private injury;
7 3. The taking of permanent easements and temporary construction easements, more
8 particularly described in said Exhibit "A" is necessary for the Project;
9 ~ 4. The offer required by Section 7267.2 of the Government Code of the State of California
10 has been made to the owner or owners of record of the real property;
11 5. The City Attorney of the City of Petaluma or his duly authorized designee be, and he is
12 hereby, authorized and directed to institute and conduct to conclusion an action in
13 eminent domain for the acquisition of the estates and interests aforesaid and to take such
14 action as he may deem advisable or necessary in connection therewith;
15 6. An order for prejudgment possession may be obtained in said action and a warrant
16 issued to the State Treasury Condemnation Fund, in the amount determined by the
17 Court to be so deposited, as a condition to the right of immediate possession.
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23 reso
24 3/3/99 (fink)
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 Approved as to
Council of the City of Petaluma at a (R,egular) (~~41K1QE~$](i~l~~) meeting form
on the ..-...15.th.......... day of ........~~C~.h is..99., by the
following vote:
ity Attorney
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: No e
ATTEST :
City Clerk Mayo ~ gs~ir7homoson
Gbuacil File-..-..._
c~ iu.ris ,ins. N~,.......99-6.6......... N.cs. Page 2 of 2
~O`VNERS: 1VIARK' JO~INSON -
P1~OPERTY NOS. 38 ANI) 39
EXI~I~IT' .6GA79
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Petcorps-#38
I /27/99 .
Exhibit
Grant Of Easement and Temporary Construction Easement
For Petaluma Itiver•Channel Improvements Project -
Being a portion of the, lands of J. Cyril Johnson Investment Corporation, as recorded in
hat Document No. 90-0043965, Official Records, Sonoma.County Records,. further •
described as being°a portion :A.P'. #'.19-01'0-OS consisting,of Parcel One and Parcel- Two as
described in Sonoma Title Guarantee Company report#3-187889, dated 3-15-95, more
particularly described as follows:
Grant. of Easement
Being a grant of easement for Flood Channel Improvements, Installation, Construction,
' Re-Construction, Operation, Repair and Maintenance. Said Easement is described as
follows: '
Beginning. at a point on the Southerly line of said Lands of7ohnson Investment
Corporation, said point being: the most northeasterly corner of Lot 1.05 as shown on the
Linda. Del Mar Subdivision No. 1, filed in Book $2 of Maps at Pages 1.8-21, Sonoma
C.ourity Records; thence along said Southerly line North 89° 22' 10" West, 282.00 feet;
thence leaving said southerly i'ne North 00° 37' S0''East, 4,0:00 feet; thence
North 46° 20' 16" East, 57.28 feet; thence South 46°,19' 36" East, 63.00 feet; thence ,
South 89° 22'' 11'.' East, 73.32 feet; thence North 35° 39' 32" East, 309:02 feet; thence
South 55° 22' 10" East, 70.00 feet; thence South 34° 37' S.0" West, 96.Q0; thence
South 55°' 22' i0" East, 32.00• feet; thence South 34° 37' S0" West, 23:00 feet; thence
South 27° 25' l 6" East, 13..27 feeti thence South 42° O1' 24'' East, 80:00 feet; thence •
South 23° 39' S4" East, 70.00 feet to a point on the Northerly line of the lands of Sonoma
County Water Agency as described in that certain deed recorded in Book. 3169,, Official
Records,. at, page 368, said Northerly line is also shown' on the Record of Survey map •
filed in Book 482 of Maps at page. 2, Sonoma County Records;. thence along said .
northerly lint North 89°22'' 10" West, 201.00 feet to the point of beginning.
Excepting• therefrom. arty portion of the above described Grant of Easement which lies
within the lands of J. Cyril .Johnson Investment Corporation,, as recorded in that
Document `No. 90-0043965, Official Records, Sonoma County Records, further described
as being a portion ofA.P, #136-100 25 as described in Sonoma Title Guarantee
Company report:#3-'1.87890, dated 3-1°5-95..
Total Easement containing 1.16 acres, more or less.
•
Relinquishing also any rights or interest in any part of the Petaluma River not covered`by
this instrument:
Temporary Construction Easement
Together with a temporary construction easement with the~right of immediate entry .for •
all purposes necessary to conform grades and drainage between adjacent property and "the
project construction. Such .purposes, as necessary, .including the right to, but not limited _
to, grading; borrowing. and/or depositing fill, spoil and waste material thereon, to'.move,
store and remove equipment and supplies, to erect and remove temporary"structures on
' the land, removal of existing miscellaneous improvements, reconstruction of existing
improvements, which may-be conformed, as may be needed, beyond the temporary
construction easement, and to perform any other work necessary and incident to the
construction of the Channel Improvement Project. Reserving,. however to the landowners,
their heirs and assigns; all•such rights and privileges as may be used without interfering
with or abridging the rights and easement hereby acquired; subject however to any
existing easements. Said~temporary easement is described as follows:
Beginning at a point on the southerly line of said lands of Johnson Investment
Corporation, said point being the most northeasterly corner of Lot lOS as shown on the
Linda DelMar Subdivision No. 1, filed in Book 82 of Maps at Pages 18-21, Sonoma
County Records; thence along said•southerly line North 89°22' 10" West, 282.00 feet;
thence leaving said line -and along the line of the'``Grant of Easement" described above
the following courses and distances, North 00°37'50" East, 40.00 feet; thence
North 46°20' 16".East, 57.28 feet; thence South 4`6° 19' 36",East, 63.00 feet; thence
South 89° 22' 11" East, 35.00 feet; thence leaving said "Grant of Easement" line ~ .
North 35° 39' 32" East, 366.53 feet; thence South S4° 54' 40" East, 125.06 feet; thence
South 34° 37' S0" West,. 160.00 feet; thence South 42° 01' 24'' East, 88.43 feet; thence
South 23° 39' S4",East, 75.38 feet to a point on the Northerly line of the Lands~of
Sonoma County Water Agency as described in that certain deed recorded in Book 3169, .
Officials Records, at :Page 36.8, said Northerly line is also shown on the Record of Stwey
map fi-led in Book 482 of Maps at Page. 2, Sonoma County Records; thence along said
Northerly line North 89°:22' lQ?' West, 175.00 feet to the point of beginning.
. Excepting therefco,m any portion of the above described Temporary Construction.
Easement wti~Ch lies within the. lands of J. Cyril Johnson Investment Corporation, as
recorded in that Document No. 90-Q043965; Official Records, Sonoma County Records,
further described as being a portion of A.P. #:136-1'00-25 as described in Sonoma Title
Guarantee Company report #3-187890; dated 3-15-95.
Total Easement. containing 1:54 acres, more or less.
Said temporary construction easement shall terminate upon the filing of the Notice of
Completion for the City of Petaluma Project No.9724.
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The' intent°of this description is to affect,thatportion of the lands above described for'the
orderly development of the City of ~'etaluma Flood Project No. 9724. The description
was compiled in tfie offces of FitzGerald and Associates from :record deeds and mapping
and the U.S. Army Corps of Engineers Petaluma River 40 Yeai Plan Detailed Project
Report drawings received. from the City of Petaluma dated March 13,1995 and as per
revisions received December 30, :1998. No gaps nor gores are intended to 6e created'
where record information may be in conflict. ENV s
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Exhibit
Giant Of Easement and Temporary Consfruetioa Easement
For,JPetaluma°:Itiver Channel Im roverrients Pro'ect
Being a portion of the lands of-J. Cyril :3.ohnson Investment Corporation, as~recorded`in .
that Document No. 9U-004:396`5, Official Records, Sonoma,County Records, firther
descr.ihed,as being a portion A.P: #19-0;10-25 consisting of Parcel One~and Parcel Two. as
described in Sonoma Title Guarantee Company report #3=187890, dated 3-15-95, more
particularly described as follows:
Grant,of Easement
Being a grant, of easement for Flood Channel Improvements,;InstaIl'ation, Construction; -
Re=Construction, Operation, Repair and Maintenance. Said Easement is described~as
follows:
Co n rgoat saidlnt nnb etSoutherly ne of said lands of Johnson Investment
g? g lm
cpo n, po clog the most.northeasterly corner of Lot.:105 as shown on the; ~ '
Linda Del Mar Subdivision'No. 1', filed in Book 82 of Maps, at Pages 18-21, Sonoma ~ ~ ~ '
County Records; thence: along, said :Southerly line North 89° 22'' 1.0" West; 282.00 .feet;
thence leaving;said Southerly 1ine.North 00° 37' SO"East; 40..00 feet;. thence .
North 46° 20' 16"East, 57.28 feet;,thence South 46° 19' 36" EaSt;;63.00 feet;; tfi'ence
South' 89° 22' 1'1"East;'73.32 feet; thence North 35° 39' 32'' East, 309.02 feet; thence
-South 55° 22' I0" East, ?O.OO feet;, thence South,34° 37' 50" West,. 96:00; thence:
.South-55° 22' 10" East;,32.09 feef, thence South 34° 3T 50" West, 23:00 feet; thence:
' South 27° 25'' 16" East; T3:27 ;feet; thence South 42° O1' 24" East„ $0.00 feet; thence
' South 23,° 39' S4" East; ?U:00 feet to a point on the:Norfherly dine. of the lands of Sonoma
County Water Agency as described in that certain deed recorded in Book 3169, Official!
' Records, at :page `..368, said Nort}ierly ine is also shovm:;on the. Record: of Survey map
filed in Book 482 of Maps at page'2, Sonoma County Records; thence along said: ~
northerly l'ine' North; 89°22' l 0" West, -20'1:00 feet to.'the; paint°of beginning.
. Excepting"therefirom any portion of the above described Grant of Easement which dies
within ;the aands of J. Cyril Johnson Investment Corporation, as recorded`.in that
Document No. 90-00439'b5, Official' Records, Sonoma County, Records, further described
as'being a portion ofA.P,. #19-010=05 as described:in Sonoma'Title Guarantee Company
report #3-187889, "Parcel One",.dated 3-15-95.
Total Easement containing l .a 6 acres, more or less.
Relinquishing also.any rights-or, interest.rr any part°.bf'the. Petaluma River not coveted by -
ths instrument.
- Temporary Construction Easement
Together with a temporary construction easement with.the:nght.of immediate,,entry;for '
ail purposes necessary'to conform ,.grades and drainage between adjacent~property and the
project construction. Such purposes, as necessary., including the "right to; but not limited . ,
fo, grading, borrowing and/or depositing fill; spoil-and waste material thereon, to move,.
store, and remove equipment and supplies, to erectand removetemporary structures on
the land; removal of existing:miscellaneousimprovements, reconstruction ofexstng~ '
improvements; which may be conforrried, as may be needed;:beyond the'temporary '
construction: easement, and to perform :any other work necessary and incident to-the.
construction: of the Channel Lriprovement Project. Reserving, however to the landowners, '
their heirs and assigns, all such.rights and:privileges as may be~used without interfering
with or abridging,the.rights and easement hereby acquired; subject•howeverto any
existing .easements. Said temporary easement is described as' follows: ~ '
Beginningat.a point on the. southerly line of said lands of JohnsonInvestment -
Corporation, aid pointbeing the,-most,northeasterly corner of Lot- l O5 as shown - •
on the Linda Del Mar Subdivis'i`on No. 1, fi led. in Book ~82 of tvlaps ~at Pages 1.8-21, -
Sonoma County Records; thence along- said,southely line North 89°' 2~2' I O" West;
282;Q0,feet;.thence leaving said line and along the line'of the "Grant of Easement"
described above, the following courses and distances, North 00° 37' S0".East, 40.00 feet;
thence North'46° 20' Ib" East,. 57.28:feet• thence South,46° 19' 36"'.East, ti3:00:feef; : -
thence:. South 89° 22' 1.1 "`.East, SS~.QO feet; thence leaving said"Grant of Easement" line
North 35° 39' 32" East, 366.53 feet; thence -South 54° 54' 40'°`Ea§t, 1`25.06 :feet; thence
"South 34° 3T 5.0" West, '160.00 feet; thence South 42° 01' 24" East, 88.43 feet; thence '
South, 2~3° 39' S4" •East, 75.38 feet to a point omfhe Northerly line: of the Lands of ~ '
' Sonoma, County Water Agency as described in that certain deed:recorded in Book"3169, -
Official Records, at Page;°368; aaid`Northerly1ine is also shown onahe Record of Survey.
. ~ map filed in,Book 482 of'Maps at Page~2, Sonoma County Records;'thence along. said
Northerly line'North ^89° 22' 10"'West, 175.00 feet to the-point of beginning: •
Excepting therefrom any portion ofthe above described'Temporary Construction -
Easement w}tieh lies within the lands of J: Cyril Johnson°Investment Corporation;. as
- recorded in that Document No„ 90-0.043965., Official Records;Sonoma County Records, _ .
further described as being.a portion of A.P.. # 19=01'0-05 as .described in Sonoma Title ~ _
Guarantee Com'pa.ny report#3-1..87889, "Parcel One", dated 3'-15=95.
Total Easement containing L.54 acres, more or less.
-Said ternpoi-ary construction'easementshall terminate upon the .filing of the Notice of -
Completion for the City of Petaluma Project No.9724.
The ir?tent of this; description~is to affectahat,portion:of the,lands above described for the
orderly development of thz~City of Petaluma Flood ProjeeCNo. 9724. The description
was compiled in the offices of FtzGerald and Associates from: record deeds and mapping
and the U,;S. Army' Corps of Engineers Petaluma River 40' Year Plan'Detailed Project .
Report. drawings received from'the City of Petalumadated March 13,1995 andas par°
revisions received December 30, 1998.. No gaps nor gores are .intended to be create
.
where record information may be in conflict. ~2y~o t1cN'° s~,~ ~
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FITIGERALD
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Exhibit
Grant Of .Easement 9nd Temporary Construction Easement
'For Petaluma Riper ChannelImprovement .Project
. Being a portion of the lands of, J:Cyril Johnson InvestmentCorporation, as recorded in
that bocument No. 90-0043965, Official: Records, Sonoma County Records, further
described as being a;portion.af.A.P. #19-010-05 consistingof.Parcel one and Parcel two
as described' in Sonoma Title Guarantee Company report #3-_1.87889, dated 3=15-95, more:
particularly described. as follows; '
Grant of Easement
Being;~a grant of easement•fot ingress and egress to the Petaluma River for the purpose of
maintaining. flood channel. improvements constructed as part of City of Petaluma:Project
No. 9724. Said easement: consists of the following Parcels A, B and C described as,
follows:
PA)lZCEL'!A' .
Being a strip of land of a uniform width of ]O.OO feet, the centerline of dvhich is mare-
particularly described as fo[lows:, -
Commencing at the centerline-centerline intersection of Graylawn Avenue and Jess
Avenue, marked by a standard City:monument, as shown on~ that certain map entitled..
"Linda Del 1Viar Subdiviision No.,1"fled far record in Book 82 of Maps at Pages 18
through 21, Sonoma County Records;. thence along said centerline of Graylawn Avenue
' North 00° 3T 22" East,.1~25.00 feet`fo a point on the northerly,boundarytine of said:
ubdiv'sion; thence al'ongsaid boundary Line, North 89° 22'.03'' West, 16.05 feet to.a
'point'°on,the westerly line of said`lands ofJ; Cyril,Johnson'Investment:.Corporation;
thence`alongsaid westerly line.North 09° 30' 11"East, 209'.95 feet; thence leaxing said
.westerly lirie`and enteringsaid;lands of J: Cyril Johnson:Investment Corporation;
South 89° 29' 49"`East, 32.00 feet to the true point of beginning:of the herein described
centerline; thence, from said point of beginning the following courses and distances: '
North 00° 30" 11"'East; 15:0.57 feet to a point herein called Point"'A".for reference;
thence continuing North 00° 30' 11." East, 28.SU feet to a point herein called Point "B" for
reference; thence continuing.North 00° 30' 11" East, 18.00 feet; thence
_ North 4'S° 30' l 1"East, 14.49 feet; thence North 00° 30' 1 I" East, 31.59 feet to a point
herein called Point "C" for~referenee;thence continuingNorth:00° 30' 11" East, 12.41 .
feet; thence: North 44°~ 29' 49" West, 8.00 feet to a point herein called Point "D" for
reference; thence continuing North ~4° 29' 49" West, 21.85 feet,. thence
North 00° 3T 57" East,'23,53.feet~to the terminus~of the centerline herein descrbed_'and
herein called' Point "'E" 'for-reference:
The above described parcel. being bounded on its southerly terminus'by a line bearing
North 89°' 29' 49" West and on i'ts Northerly Terminus by aline bearing
North`89° 22' 03" West:
Containing 3,090 square.feet more or less. ~ .
Basis Of Bearings: ,The centerline of Jess Avenue. with a bearing of
North 89° 22';03'" West.
(The above description was taken in part from Document No. 83-064687, Parcel One;
Official. Records, Sonoma:County Records)
P.d1.1FtCE L '
Being aportion: pf t6e -Lands of J. Cyril Johnson Inv_ estment: Corporation which is .more
particularly described,as foll'ows:.$eginning at Point. "E" as said ,point is described in
Parcel 'A' above; thence from said point ofbe'ginning the'following course"s acid
distances: -
North 89° 22' 03° West; 10.00 feet, North 00° 3.7 57"East, 87OQ feet,
South 89° 22' 03" East, 283.95<feet; ;South 31° 3T 2Q'' East, 23.65. feet,
North 89° 22'03" West, 266.57 feet; .along. a tangent curve o the left; with a radius. of
20:00 feet; through a-central angle of 9U° 00' 00", for an Arc Length of '15.71. feet,
South: OQ° 3T 57" West, 57:00 feet; thence North 89° 22' 03" West, 10.00 feet to'the .point,
of beginning.
Containing 0.17 Acresmore ~or `less:
Basis`: Uf Bearings: The centerline of Jess. Avenuewith a bearing of
North 89°~22"03"-West.
(The; aboue;description, was taken in part from Document No.'83-064685, Off cial
Records, Sonoma County Records) ~ -
gg~~ppnp~ yy . -
Being a strip ofland of'a uniform width of 10:00 feet,, the; centerline of which is more
particularly'descrbed as follows:
Beginnng;at,a point on `thee northerly boundary line of "Linda:Del Mar. Subdivision No.
1" as shown on the:map filed for record in Book 82 of Maps at,Page 28 through 2l,
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Sonoma County'Records, said po_intbears North 03° 29''5'5" East, 125.16 feet from the ;
centerline.intersectign.ol; less Avenue; marked by a standard City .monument,-nearest-,Lot
1.05 as: shown on said map; said point :also being the true point of beginning of the herein -
described.centerline.; thence from- said point of beginning the following courses.and ' .
distances:
Nortta O8° 33' 11" East, 20': T9feet, North 89° 22' 03"West; 105.07 feet,
North 44°~ 36' 28" West, 134.69' feet, North 3.1° 3729" West; 275.48 feet, .
North 27°~ 3T 29"'West, 117.56 feet; along a Tangent Curve to the deft with a radius~af ~ '
51:0:0.0 feet, through a Central Ang1e~ of'D8° OQ' UO'', for an Arc Length of 71.21 feet,. ;
North 35° 3729" West; 99.28 feet, South 54° 22' 3'.1" West,, 22.1.0 feet; thence
North 89° 22' 03"-~ West, 5.00 feet to'the terminus of the.ccnterline herein described.
The above described parcel being bounded on its southerly'terrriinus by said northerly
~boundary~ line of "Linda,.Del1Viar Subdivision No. 1 " and on ;its northerlyterminus by a
line bearing North 3l° 3T 29" West, as cabled out in Parcel "B'" above.,
Basis Of Bearings: The centerline of.~J.ess Avenue with a bearing of - .
North~89°'22' 03" West.
(Thee above description. was taken in part from Document No: 83-064b87, Pa cel
Thirteen, Offcial Records, Sonoma County Records) ~ -
Fora isual;aid as to the:Iocafi'on of the above described easementsrefer to sheetl: of 16
of ``Plan F.or The Improvements Of Oak Creek Apartments" filed as Drawing No: 7=154
in the office.of'the City of Petaluma Engineer. ' ,
• The.intent of this' description.is.ao affect that portion of the lands above deseriled,for the
orderly development.of the City of Petaluma Flood;Project`No. 9724. The description ~ -
was compiled in the offices of FitzGerald and Associates from record :deeds and mapping
and'fhe U.S. Army`Corps of Engineers Petaluma River°40 Year Plan Detailed Project
Report drawings received from tfie. City of Petaluma dated Mazeh 13; 1995: ~No gapsnor
°gores ~~are~ i~ntended~ to be .created where. record information maybe in, conflict. ~ ~ ~ '
A portion oi; A:P: No. 0'19-010-05
ENO Prepared by,FtzGerald & Associates
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' ~ JOHN J. ~
~fITZGERALU ~~8 9~ ,
LIC. # 4419 John J'. E Gerald Date
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9~F,oF CA1.~F~~~ License Expires 8730/97
Job No. 9520.
OWl`1EI~: t~LAI~1 ~ROI)Y
]PROPER'TY NO 59
EXI~IBI~' A ~9
E~_Z~-'~y VV'L~ 5~ 0~ Phi F. °
Petco~ps-#39
Revised 2-9-99
' (Revision #4)
'Exhibit
Grant ®f"Eas'ements.,and 'fcmporary Construction Easement
g'or Petaluma ~Rivcr Channel improvements Proicct
Being a portion of the-lands of Brody,~as recorded~in that Document No.89-.106472,
Sonoma County Records; more particularly described asfol ows;
G'rantOf•Easement
Being a~ grant of easements forElood Channel lmproventerits Installation, Construction,
Re-construction; Operation,;R`epairand Maintenance. Said easements'are described as
.follows:
Commencing.. at the most easteely corner of said lands of Brody,: being a point om"the
norihwesterly side: of Mad'isaii Street., said point is distant 348:4: feet`southwesterly from
the most; southerly corner of Block 32, as same is laid down and numbered on Hannon's
Map of East Petaluma and as sfiown on"that Record of Survey Map filed.in,Book 434'of
Tlilaps" at Page.3Q, Sonoma County Records; thence leaving Madison. Street and alongahe
northerly line of said Iarids North 54°00' West (called 5.54°20'E in deed), 449.4 feet to the.
most northerly corner~of said lands,. being; the True Point'of Beginning; thence along the
northwesterly line of sa°id lands; South i 1'°45' West (called°S La~°25'W indeed), .197.20
•
feet; thence: South 2;8°0':8'00" West, 111.50 feet, thence South 33°,55'00'' West, 169..81
feet to the westerly cornerof said' lands; thence. leaving said' westerlycorner and along the
southwesterly line, South 42°42' 10'' East, 25.OQ:feet to "a point which bears
'.South 42°42' lt)"'East, 37:83 feet from a'/4 inch iron pipe:rtionument shown gas being set
on That certain Record oFSurvey f led in Book 434 of Maps akPage 30, Sonoma County '
Records; thence leaving said southwesterly li,pe North 32°00'4.0`';Easf, 130.00 feet; thence
North 76'° 52" 31"'East, 18.00 feet,.thence. North 30° 56' 4l East, 33.O.U fee[; thence
North 8° ,1:7' 20" West, 1.8;68 feef; whence North 32° 00' 40".East, 173.27. feet; thence
North 25°`O1' '10" East, 64.:32 feet; thence North '1'2°.OS' S6" East, 43.00 feet to the
-northeasterly line of said lands;, thence leaving said line, North 5'4°'00' West, 72.00 feet to
the True Point:"ofBeginrurig.
Containing~l`6,7'I6 square"feet, more or less.
Relinquishing also anyrigtits orinterest in any part of the Petaluma River not covered by
this instrument and as described in the above description.
i
~E'emporarV Construction Easement
_ Together with a temporary construction easement with the right of immediate~,entry for
al! purposes necessary to conform grades and drainage between adjacent property and the -
project construction. Such purposes; as necessary, including; the right. to, but not-.limited
to, grading, borrowing and/or depositing,fil`I, spoil and waste material thereon, to move,.
store and. remove equipment and' supplies, to erect and remove temporary structures on
the land, removal of~existing miscellaneous improvements, reconstruction of'exsting
improvements;. which may be conformed;, as may be needed,.:beyond the.temporary
constnacton easement, and to perform any otherwork necessary and,incident to'the
construction-of the Flood' Wall,1?roject. Reserving, however to the landowners, tfieir heirs
.and assigns, al !such rights~andprivileges as may be used withoutinterfering with'or
abridging th'e rights and.easement hereby acquired; subject however to any existing
easements: Said demporary easement,is described as follows:
Parcel One
Commencing, at the most easterly corner of said lands of Brody„ tieing a point. on the
northwesterly side of Madison Street;aaid;point is distarlt348.4 feet southwesterly from
the rnost:southerlycorner of Block'32, as same is laid down and numbered~on Harmon's
Map of East Petaluma and as shown on that Record of Survey Map,f led in Book 434 of
Maps' at Page; 30, Sonoma.County" Records; thence leaving Madison Street.. and :along ahe '
northeasterly line of "said lands `North 54° 00' West (called S' S4°20'E in .deed), 37,'7.4..0 feet
to a point: on saidnortheasterly fine, which point bears South 34° 00"East, 22.60. feet from.,
a'/. inch,iron pipe monument-shown as being set'on:the Record of Survey mentioned in
the above; "Grant of Easement"; thence: leaving said northeasterly line and along the.
easterly ne of'the "Grant of'Easement" described above! South l2° OS St" West;.43.Oq.
feet; thence South 25° 01' 10" West, 64.32 feet; thence`South'~32° OU' 40" West; 48:00 -
.feet: to the Tt'ue Poi'nt' of beginning; thence South 59°48.'54""East, 9':48 feet;. thence South
30°~StS' 41"' West, 3'19.85 feet to a.;poinf on the southwesterlylne, of said lands,;,which
point liears~ South 42° 42' I0" East, 3:17 feet:,from a'/< inch iron pipe monument shown as,
being set on the Record of Survey. mentioned above; thence from said point .and' along said ,
southwesterl. line North 42 42; t0 W,est, ,16.0U feet; thence eav~ng sard lrne and along '
_ the eastedy.iine of the "Grant of F.asetneof"' describcd-a6ove, North 32° 00' 44" East,
3:15:27 feet to the True Point of Beginning.
Excluding'thettrfrom any portion ofthe above described."Grant, of Easement" which lies
within-the Temporary Consttuction`Easernentabovc described.
Containing 3,374 square feet; more.vr less.
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Parcel Two
Commencing at the most easterly, corner of said lands of Brody, being a point on the
northwesterly side of Madison Streets said point ~s .distant 348.4' feet southwesterly from.
the most,southerly comer of Block 32;-as same is laid down and numbered on Hannon s
Map of East Petaluma and as shown on that Record of `Survey N1ap ~filed-n Book 434 of:
Maps at ~Page;30; Sonoma GountyRecords; thence leaving Madison StreeC`and along the
northeasterly line of said Iands North 54° 00' West (called S 54°2U`E in deed); 377.40~feet
to the Point of Beginning, wNich:point bears South 54°00' East, 22:G0 feet from a'/. inch
iron pipe rnonumentshown as tieing set omthe Recordof Survey'mentioned in he above
"Grant of `Easement";, th'enee leaving said northeasterly line and along .the easterly- Line of
the "Gantof Easement" described above, South l2° OS' S6"'West; I S.UO feet thence
leaving said easterly Line, Notih 59° 21' 29" East, 14.94 feet•to a point on the
noriheasterly line of said lands; thence along. aid northeasterly line Nar~ti 54° OU' West, -
1'2.00 feet to the True'Poinfof;Beginnng. - .
Containing 82 square feet. more or less..
Said temporary:construction easement shall terminate upon the-filing of the Notice of
Completion for~the City of Petaluma PiojectNo:9724:
The intent of this description is to a po '
orderly develo _ment of the Ci of ffect;that rtton of-.the lands above described forthe:
p ty Petaluma Flood Project No. 9724:. The description - - •
.was compiled iin the offices of'FitzGerald and Associates from,record deeds and mapping
and the II:S. Army Corps of Engineers Petaluma River.40 Year Plan Uetailed,Project.
Report drawings received from the City of'Petaluma darted March 13;1995 and as per
revisions received Augusta,'199&and'February'9,.1999. No;gapsnor gores are intended -
to be created where record infot"matQn maybe in conflict:
- A portion of A.P. No. 007-U4 T-0,1 '
. Basis of Bearings forthis description is Book 434 Maps;al Page 30.
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FITZGERALD _ ~-/D- ~9'
e ~ by' itzGe d Associates Date
' Ut. # 4419
~ ohn J. FitzGegald, P.L.$'., 4'•4'19 .
°F cA~~f~~? J,ob No. 95~-600 9-30-01.
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