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Staff Report 3.C 10/03/2016
Agenda Item #3.0 I85$ DATE: October 3, 2016 TO: Honorable Mawor and Members of the City Council through City Manager FROM: Da *isates, SCE, Director of Public Works and Utilities Cu P.E., City Engineer SUBJECT: Resolution Ordering the Summary Vacation of an Existing Storm Flow Retention Pond Easement on Assessor Parcel Number 150- 020 -036, Petaluma, CA. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Ordering the Summary Vacation of an Existing Storm Flow Retention Pond Easement on Assessor Parcel Number 150- 020 -036, Petaluma, CA. BACKGROUND The former Petaluma Community Development Commission (PCDC) purchased a 2.6 -acre parcel in December of 1988 for a future auto center related use located at the intersection of Industrial Drive and Auto Center Drive. The property is zoned "auto center" and can be used to sell vehicles. The property was encumbered by a large storm flow retention pond easement created to serve the Rancho Arroyo Business Park. Since then, the City has completed extensive improvements to Petaluma River in that area, alleviating the need for the storm water retention pond on that property. In December 2011, a court action caused the immediate dissolution of redevelopment agencies statewide. The legislation enacted to govern the dissolutions set out a procedure for selling property owned by the former redevelopment agencies. It required that a property management plan be adopted, and approved by the Oversight Board established to oversee the dissolution of the former PCDC and by the State Department of Finance (DOF). The subject Industrial Drive property was owned by the former PCDC. The property management plan, identifying the intention to sell this property, was approved by the State DOF in July of 2014. In order to sell this property for its highest and best use, the storm flow retention pond easement, acquired by the City of Petaluma on August 16, 1984, needs to be vacated. DISCUSSION Vacation (a.k.a. abandonment) of public service easements is governed by California Streets and Highways Code, Division 9, Part 3, Chapter 3, Sections 8300 et seq. Under Section 8333(c), summary vacation, which is a simpler process than a standard vacation, can be used for a public service easement when the public service need has been superseded by relocation or determined to be excess and therefore unneeded by the easement holder, and there are no other public facilities located within the easement. The subject easement is eligible for a summary vacation because the existing storm water retention pond facility is no longer needed because of improvements made to the Petaluma River. To approve the summary vacation, the City Council must find the subject easement to be unnecessary for present or prospective public use. Private benefit from the vacation does not make vacation improper, but the vacation should only be approved if the easement is no longer necessary for public use, rather than primarily to benefit a private party. Should the City Council decide to approve the proposed vacation, it is necessary for the Council to also decide terms and conditions for the vacation, including an appropriate amount of compensation from the applicant, if any. The Streets and Highways Code does not require compensation for vacating a public service easement. The prohibition in California Constitution, art. XVI, Section 6 on gifts of public funds has been held not to apply to charter cities and the City of Petaluma Charter does not have provisions regarding gifts of public funds. The City Council is therefore free to consider whether it wishes to require compensation at an appraised value or some other sum from the applicant, based on general policy and any special circumstances applicable to this application. In this case, the beneficiary of the easement vacation will be the City of Petaluma and other public agencies because the additional value will translate into a higher price at time of sale. The proceeds from the sale of the property will be shared among each of the taxing agencies for that property. When the State of California dissolved redevelopment agencies state -wide in 2012, every agency was required to liquidate all assets and return those funds to the property tax pool to be shared by all affected taxing entities. The City's share of property tax within the original redevelopment area is 14 %. The sale proceeds will be given back to the County to share with the affected taxing entities in the proportion of their current share of property taxes. Therefore, it is recommended that the City Council not seek compensation. FINANCIAL IMPACTS The City will receive approximately 14% of the total sale proceeds for the property. Staff time is funded through existing approved budgets. ATTACHMENTS 1. Draft resolution 2. Original storm drain easement grant deed recorded August 16, 1984 3. Recorded Covenants and Restrictions recorded August 13, 1985 2 Attachment 1 RESOLUTION ORDERING THE SUMMARY VACATION OF AN EXISTING STORM - FLOW RETENTION PONDS AND LANDSCAPING EASEMENT ON ASSESSOR PARCEL NUMBER 150- 020 -036, PETALUMA, CALIFORNIA. WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways Code, it is requested the City Council summarily vacate the existing storm -flow retention ponds and landscaping easement on Industrial Drive, APN: 150- 020 -036, shown in Attachment 3; and WHEREAS, the storm -flow retention ponds and landscaping easement is no longer needed and there are no other public facilities located within the easement; and WHEREAS, the City Council, having duly received and considered evidence concerning the facts in this proceeding finds from all the evidence submitted that the storm -flow retention ponds and landscaping easement hereinafter described is unnecessary for present or prospective drainage or landscaping purposes; and WHEREAS, the action taken by this resolution is exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3 ( "CEQA Guidelines "), Section 15301 as the minor alteration of existing highways and streets and similar facilities involving negligible or no expansion of use; and WHEREAS, The City Council has determined that no compensation shall be sought to affect the subject summary vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, including but not limited to Streets and Highways Code Section 8333, that the right -of -way described in Attachment 3, Exhibit A hereto, which is incorporated herein by reference be, and the same is hereby ordered vacated, abandoned and forever closed to public use. BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy of this Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office of the Recorder of Sonoma County, California. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute any necessary documents of conveyance. 3 \-F\ rn',I L_, cr 2 0� m� 0 0 w u m y CL � o m N fA O a w _a M: ° m O > > w _ ui > > Q o` o _ 0O !., p O LL 1p W w . 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'C7 4- ra O N O •r y ?i tn V C (--,c•) C) 3 'L% Ql > Q ti. OC 4 I F^- OW O •N 4J w -j C) .0 u c c "'- a) a c� w o axi J O N O V o W t(a r U¢ j L3. C G1. E Q 10 rd Q V) tU \ to V ul 10 4I d 4- 0 •4y'> U -� W _ caw Ahw r, .. _ .... .;,L DOCOme t= r�ebi d b D taTr�e LLG via iTt. ro ,rl:• .. ". P y p F -tary imagTiSg'a";i dal F.^�ry'systan5.'iap'yright 2Ca7: All rights re:;en i .;� r.... .,�. . Attachment 3 `z s d� A_T co: a 13 RECIPROCAL GRANT OF EASEMENTS AND `'r ' # %�• ; r;fBil� l IRA DECLARATIONS OF RESTRICTIONS AND COVENANTS AFFECTING LAND KNOWN AS THE RANCHO ARROYO BUSINESS PARK UNIT #1 REC - ° MG MODN This Declaration is made on August 8, 1985 1985, NT DTT by Redwood Oil Company, Inc., the "Declarant ". RECITALS A. Redwood Oil Company, Inc., desires to establish a general plan for the protection and maintenance of certain storm water holding ponds and landscaping in the Rancho Arroyo Business Park (hereafter sometimes referred to as "Business Park ") and Rancho Arroyo Business Park Unit 41. The lands of the Declarant affected by this document are described in the exhibit attached hereto as Exhibit A. The Rancho Arroyo Business Park is described in Exhibit B. The lands to be used for storm water holding ponds are shown on a map attached hereto as Exhibit C and are more fully described in Exhibit D hereto. These restrictions and covenants are designed for the mutual benefit of all of the property described in Exhibit A. Declarant has also provided for liens and charges, collectively referred to as "restrictions" on and subject to which all the property described in Exhibit A or any part of it is to be held, used, occupied, leased, sold, or conveyed, and each and all such restrictions are for the mutual benefit of all such properties and of every portion, and will run with the land and inure to and pass I 9 6ocuments pro•.idad by Da[aTrcw- LLC via A'slprojuietary Imaging and oalilery systern. Copyright 2003, All rig nts rosarvotl. , ,U 4 4 with each and all of such properties. The covenants and restrictions herein shall apply to and bind the respective successors in interest of the properties described in Exhibit A. All and each of such restrictions or covenants are imposed on each of the properties described in Exhibit A as a mutual, equitable servitude in favor of all other portions of such properties. Each benefited portion of the property is to be the dominant estate and each burdened portion of such property is to be the servient estate. This instrument will supersede any instruments prior to it. B. Declarant previously has executed deeds of trust to various persons, and the execution of this instrument (hereafter sometimes called the "CC &Rs" ) by the trustees of such deeds of trust and consent to such execution by the beneficiaries is made for the purpose of subordinating the interests of such deeds of trust to these CC &Rs. NOW, THEREFORE, in order to establish such plan for maintenance, Declarant declares as follows: DEFINITIONS 1.1 Business Park. These restrictions relate to the parcels in the County of Sonoma, State of California, more particularly described in Exhibit A hereto. 1.2 Named Parcels. (a) The parcels owned by Redwood Oil Company, Inc. are referred to as "the property" and are described in Exhibit A hereto. 1.3 Transfers of Interest. If the interest of the 2 10 gocuments pranded by 6ataTroo.LLC via iY5 proprietary imaging and doWery systern. Copyright 2603; All rights reserved. �5 052 9 Dec.1aran.t.As..'assigned, transferred, or conveyed „in- whole or in part without retaining any beneficial interest other than under the terms of the deed of trust or mortgage, the powers, rights, and interest conferred on Declarant will be deemed assigned, transferred, or conveyed to the transferee, assignee, or grantee. The obligations hereunder shall simultaneously be deemed assumed by such transferee, assignee, or grantee, and the Declarant shall be released therefrom except as to any then--existing obligations, which the Declarant shall be required to pay in full not later than the close of escrow on the transfer of Declarant's interest to the transferee, assignee or grantee. Provided, however, that the peclarant's interest shall not be deemed assigned, transferred, or conveyed as long as the Declarant retains any possessory interest to the parcel. 1.4 Person. The word person or persons means and includes individuals, partnerships, firms, associations, and corporations, or any other form of business entity. 1.5 Storm Water Holding Ponds. The term storm water holding ponds means the ponds, and related pipes, valves, rights of way, and appurtenances, shown and described on Exhibits C and D hereto, containing a capacity of approximately 9.24 acre feet of water. The term shall also include all landscaping in or on the ponds and in any publicly owned property in the land described in Exhibit B. 1.6 Improvement Plans. The improvement plans means plans and specifications prepared for the public improvements 3 11 Documents pronded by DataTree LLC via Xs propitotary imaging and delt.vry system. Copyright 20J3, All rights reser vd. for the Business Park showing the construction of Stony Point Road, the storm water holding ponds, and the related pipes, valves, rights of way, and appurtenances. 1.7 City. City means the City of Petaluma. EASEMENTS 2.1 Declarant and its successors in interest agree to grant the following reciprocal easements. (a) Non- exclusive easements for the benefit of and appurtenant to each portion of the storm water holding ponds for the maintenance thereof. (b) Non - exclusive easements for the benefit of and appurtantant to each portion of the lots described in Exhibit A for drainage lines and systems in, on, and under said parcels, all set forth in the improvement plans and labeled "drainage lines," submitted to the City of Petaluma on July 13, 1983, and the maintenance, removal and replacement of said drainage lines and systems. 2.2 Declarant covenants that at all times free access to the above easements will not be impeded and will be maintained. 2.3 Subject to the rules and regulations adopted for the use of such area as provided in this instrument, the use of the easements provided for in Sections 2.1 and 2.2 will be non--exclusive, and for the use and benefit of Declarant or its successors and assigns, and the City of Petaluma, a municipal corporation. 2.4 The storm water holding ponds, upon their 4 12 Documents prc,.Aed by DataTree LlC :pia it Is pd7pnetary imaginq and delivery cystem. Copyright 2003, All rights reserved p5O52293 completion, may be managed, controlled, and operated by any property owners association which may be created and maintained for that purpose. 2.5 None of the storm water holding ponds will be used for commercial uses by any individual party, tenant, lessee, or other permittee. OPERATION AND MAINTENANCE OF STORM WATER HOLDING PONDS 3.1 Declarant or a property owners association formed by it will maintain all of the storm water holding ponds (as defined in paragraph 1.6) and appurtenant storm drain pipes lines, valves, rights of way, and other structures located within the property described in Exhibit A and i is proportionate share of the storm water holding ponds in the Business Park. "Proportionate share" shall mean the percentage obtained by dividing the number of square feet in the property described in Exhibit A by the total square feet in the Business Park. Declarant or a property owners association formed by it shall keep the storm water holding ponds in good condition, repair, clean, and keep them free of rubbish and other hazards, and shall maintain all landscaping in or around said storm water holding ponds and all landscaping (including street trees) adjacent to Stony Point Road within the property described in Exhibit A by providing irrigation and periodic pruning or clearing to make sure that the landscaping remains aesthetically pleasing. Declarant shall have the right to select a person or persons other than themselves, including a property owners association, to 61 13 Documents pn��Mad Gy DataTree lLC vp it's 1 propWtary• imaging antl dalltry system. Copyright 20J3, All rights rasYrved. X5052293 operate and maintain the storm water holding ponds; delegation of its duties shall terminate Declarants obligations to maintain and operate the storm water holding ponds as provided above. Should Declarant or its successor fail to maintain the storm water holding ponds and related pipes, valves, rights of way and related structures, landscaping, and irrigation equipment, the City may do so at its election and collect assessments from Declarant or its successors to pay therefor as provided below. 3.2 Declarant or its successors shall pay to a•property owners association form for the purpose of carrying out the obligation described in paragraph 3.1 to maintain the storm water holding ponds its pro rata share of each cost thereof based on the ratio of the number of square feet in the parcel (s) owned by Declarant or its successor to the total number of square feet in the parcels described in Exhibit A hereto. 3.3 Maintainance will include without limitation: (a) Maintainance of the dykes, berms, and interior surface of the storm water holding ponds to maintain their integrity. (b) Removal of all the papers, debris, filth, and refuse semi--monthly, commencing in September of each year and otherwise as needed. (c) Maintenance of landscaping and irrigation equipment as necessary to keep in first class condition and provide the .general affect contemplated by the improvements. 2 14 boCuments provided by DataTr6e LLG V0 ire prupretary Imaging and eelr -+iry system. iApyright 2P03. Ad rights reserved, B5 052 Trees, shrubbery, and other plan material will ,be properly pruned or otherwise controlled to prevent overgrowth. (d) Maintenance of pipes, valves, rights of way, and appurtenant structures related to and necessary for proper operation of the storm water holding ponds. 3.4 The cost of maintenance and operation of the storm water holding ponds will mean the total of all items of direct cost and expense necessarily expended for the supervision, operation, maintenance, and repair of the storm water holding ponds determined by generally accepting accounting principles • on the accrual method of accounting. Costs will exclude any real property taxes or assessments. Cost will include maintenance, replacements, and reconstruction work as required . to preserve utility of the storm water holding ponds and related equipment in the same condition and repair as it was at the time of completion of original. construction and installation. Costs will also include all rental charges for equipment, costs for small tools and supplies, all costs for security protection, traffic direction and control, costs of cleaning and removal of rubbish, dirt, and debris, and the costs of landscaping and supplies incidental. thereto. In addition, there may be expended a reasonable amount for indirect costs incurred in performing maintenance, not to exceed 10% of the total of the costs described above for each accounting period. 3.5 To the extent Declarant or its successors is assessed real property taxes for property encumbered with 7 15 Doc umentd pr-7med ty DataTree LLC via its proprrtary Imaging and del0.+ery system. Copynghl 2003, All rights reserved. , 5 0 52293 storm water holding ponds as described herein, it shall be reimbursed such taxes by the owners of parcels affected by. this agreement, or by the property owners association to whom the obligations of this agreement have been delegated. Such real property taxes shall be deemed an appropriate cost of maintenance of, the storm water holding ponds and shall be shared pro rata as described above. 3.6 Whatever party is charged with the responsibility of performing the maintenance and operation of the storm water holding ponds will, during the time it is performing such maintenance and operation, and so long thereafter as any charge for such service remains unpaid, have a lien on each of the parcels of the parties to the managing entity. The lien will be junior to and will in no way impair the lien or charge of any first mortgage or first deed of trust recorded prior to or subsequent to the recording of the notice of lien. INSURANCE 4.1 The owners of parcels affected hereby shall hold each other and all tenants, lessees and occupants of the parcels harmless from all claims or judgments arising from the use of the storm water holding ponds located within its respective parcel or portion thereof, unless the claim, demand, or judgment is caused by the negligence of the owner, tenant, lessee, or occupant. Each of the owners of lots affected hereby will provide public liability insurance with limits of note less than $1,000,000.00 for each individual, 8 16 Documents prcr:ided by DataTree LLC via it's pro prietary imaging and dO.,vey system. Copynght 20)3, All ribhts rrse* rvei.'q /� $2,000,000.,00 for each accident, and $250,000.00 for property damage in the - performance of its obligation of this section. The other parties, including the City, will be named as additional insureds. Parties shall provide City with a Certificate of Insurance showing City as an additional insured. The Certificate shall provide for a ten -day written notice to City in. the event of cancellation or material change of coverage. 4.2 Declarant and its successors hereby agree to indemnify and hold the City harmless from any and all liability, loss, or damage the City may suffer as a result of any claims, demands, costs of judgments against it arising from the construction, maintenance or negligent acts of the Declarant or its successors with respect to the storm water holding ponds. ASSESSMENT AND COLLECTION PROCEDURES 5.1 Declarant and each subsequent owner of the parcels described in Exhibit A by acceptance of a deed is deemed to covenant and agree, to pay to Redwood Oil Company, Inc., or to a property owners association formed for the purpose, any and all assessments levied pursuant to the provisions of this instrument. All monies collected shall be put into a maintenance fund to be used to defray the expenses attributable to the operation and maintenance of the storm water holding ponds as provided herein. No party or successor in interest may waive or otherwise escape liability for these assessments by non use or abandonment. Each VJ 17 Documents r•r,VPdad by DataTree LLC via its proprietary imaging an 00-,ery system. CUpyngnt 2DOi, All rights rese!}rve+dr�. assessment, • along with interest thereon, la to charges, collection costs, and reasonable attorneys fees shall be a. continuing lien upon the property assessed, shall become effective upon recordation of a notice of assessment, and also shall be the personal obligation of the party who is the owner of record at the time of assessment. 5.2 Assessment shall be made as follows: (a) At one or more times during each calendar year, Redwood oil Company, Inc., or the property owners association to which maintenance responsibilities are delegated, shall estimate the net charges to be paid during each year for maintenance services performed according to this instrument. A reasonable provision for contingencies and replacements with adjustments made for any expected income and surplus from prior years funds may be made. The cash requirement thus derived shall be assessed to the party according to the ratio of the number of square feet owned by the party to the total number of square feet in the parcels owned by all the parties hereto. Each party or successor in interest shall pay its assessments to Redwood Oil Company, Inc., or to the property owners association to whom the duties under this instrument have been delegated within thirty (30) days after the party has been notified of the assessment in writing. 5.3 Date charges may be levied against the party for delinquent payment. An assessment is delinquent thirty (30) days after its due date. When as assessment is paid more than thirty (30) days after its due date, the late charges 10 19 Documents Owided by MATrra LLC via it's proprietary imaging and delvery system. Copyright 201)3. All rights reserved 4 L5 0S 293 shall accrue from the first day following the due date. The amount of the late charge shall be 1.5% of the assessment due for each month, or any part thereof, that the assessment is delinquent. No late charge may be imposed more than once on the delinquency of the same payment. 5.4 Each assessment and each late charge imposed on such assessment shall be a separate, distinct, and personal debt and obligation of the Declarant or its successor against whom the assessment is levied. The amount of each assessment and late charge not paid when due shall become a lien of the real property of the Declarant or its successor in interest when a notice of assessment is duly recorded in the office of the Sonoma County Recorder. A notice of assessment shall not be recorded until Declarant or its successor has been given a notice of delinquency and has not cured the delinquency within fifteen (15 ) days. 5.5 Any lien created under this instrument may be foreclosed by an appropriate action in court or in the manner provided by law for the foreclosure of a mortgage under power of sale. Any action in a court brought to foreclose such a lien shall be commenced not later than one (1) year nor less than ten (10 ) days after the recordation of the notice of assessment. In the event the foreclosure is under power of sale, Declarant or any of its successors in interest hereto shall be deemed to be acting as agent'of the lienor and shall be entitled to actual expenses and any fees which may be allowed by law or may be prevailing at the time the sale is 11 19 Documents prrwided by DataTree lLC via Vc pleprietary imaging and del r fy system. Copyright 207:, All rights reserved. •. conducted. The sale shall be conducted in accordance with' the provisions of Section 2924, 2924b and 2924c of the California Civil Code applicable to the exercise of powers of sale and mortgages and deeds of, trust, or in any other manner permitted by law. The certificates of sale shall be executed and acknowledged by the person conducting the sale. The deed upon court foreclosure shall be executed in like manner after the lapse of the period of redemption then required by statute. 5.6 All other provisions of this instrument notwithstanding, liens created hereunder upon any property shall be subject and subordinate to, and shall not affect the rights of the holder of, the indebtedness secured by any recorded first mortgage (meaning a mortgage with first priority over other mortgages) upon such an interest made in good faith and for value, provided that after the foreclosure of any such mortgage there may be a lien created pursuant to this instrument on the interest of the purchaser at the foreclosure sale to secure all assessments assessed to that purchaser as a successor in interest after the date of the foreclosure sale. Such a lien, if claimed, shall have the same effect and be enforced in the manner as provided herein. 57. Should the City perform maintenance on the landscaping, irrigation equipment, storm water holding ponds or related systems, it shall have all the powers provided in this instrument to collect assessments to pay therefor. OTHER ENFORCEMENT 12 20 Documents pnNKJY d by Data-Tree LLC via its propretary Imaging at) d ae INety system. C_•pyngnt 2003, At runts rese ed 5`0 5 22 93 6.1 Declarants or its successor or assign, or the City, will have, in addition to the right to collect damages, the right to enjoin any violation or threatened violation of any of the terms, restrictions, covenants, or conditions provided in this instrument. 6.2 No person or .entity affected by these CC &Rs will be in default under this instrument under such provisions as require the performance of an act on or before a , specific date or within a specific time unless the person or entity has been given written notice specifying the default and fails to cure within a period of thirty (30) days, or, if he commences to cure the default within thirty (30) days, fails diligently to proceed to complete the cure of the default within a reasonable time thereafter. 6.3 No breach of this instrument will entitle any party to cancel, rescind, or otherwise terminate it. This limitation does not affect in any manner any other rights or remedies which the parties may have by reason of any breach of this instrument. 6.4 Breach of any of the terms, conditions, restrictions, or covenants of this instrument will not defeat or render invalid the lien of any institutional first mortgage or any institutional first deed of trust made in good faith and for value. All terms, conditions, covenants, or restrictions will be binding on and effective against any of the parties whose title to the property, or any portion thereof, is required be foreclosure, trustee sale, or 13 21 PCV`_ otherwise. Documents provided by DataTrea LLC via its proprietary Imaging and delm3r/ system. Copyright 2013, All rFgnts n served. �5.0'52293 DURATION, TERMINATION, CONTINUATION, AND MODIFICATION 7.1 Each easement, covenant, restriction, and undertaking hereunder shall be for a term of fifty (50) years from its date, will continue in full force and effect thereafter so long as at least 25% of the allowable gross square feet of Rancho Arroyo Business Park are used . for the use permitted at that time, except that each easement granted pursuant to this instrument will continue so long as the easement is used by any party or any party's successor in interest. Any easement hereunder will terminate on non-use for eighteen (18) consecutive months. No extension, modification, or amendment will be effective until a written instrument setting forth its terms has been executed, acknowledged, and recorded by Declarant in the office of the Sonoma County Recorder, in the State of California. 7.2 No amendment, modification, extension, or termination will affect the rights of any mortgagee under a mortgage or the trustee or beneficiary under any trust constituting a loan on any of the properties described in Exhibit A unless the mortgagee, trustee or beneficiary consent to the same. No licensee, lessee, or other person having a possessory interest other than a party will be required to join in the execution of or consent to any act of the parties taken subject to this section. 14 22 Documents prwded Gy'DataTree LLC via its proprietary imaging and delivery system. Cepynght 2(1(13, All lights resseerwdl. �!e� % N J, U �J 2 L 93 7.3 No amendment or modification shall be permitted. which will reduce the obligation of the Declarant or its successors in interest to maintain a storm water holding pond or the related landscaping and irrigation equipment as provided above, nor shall any modification be permitted which would effect the ability of the Declarant or its successors in interest to acquire a lien on the real property of any delinquent lot owner nor to reduce the insurance requirements hereof. MISCELLANEOUS PROVISIONS 8.1 No public Dedication. Nothing contained in. these CC &Rs will be deemed to be a gift or dedication of any land to the general public or for the general public or any public purpose whatsoever; it is the intention of the parties that these CC &Rs will be strictly limited to and for the purpose expressed herein. 8,2 Severability. If any clause, sentence, or other portion of the terms, conditions, covenants, or restrictions of these CC &Rs becomes illegal, null, or void for any reason, or held by any court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. 8.3 Notices. All notices, statements, demands, approvals, or other communications (all of which are referred to as "notices ") given under or pursuant to these CC &Rs will be in writing, addressed to Declarant at its address or to Declarant's successors in interest at their addresses shown on the most recent tax roll and will be delivered in person 15 23 Documents prWded by DataTrae LLG Ma irs proprietarl Imaging and delt.'ery system. Copyrght 2003; All rights reser�•ed. , or by certified or registered mail, postage prepaid, or by telegraph or cable, charges prepaid. If mailed or telegraphed, notice will be deemed to have been given 24 hours of ter the date of mailing, or date of delivery to the telegraph or cable company. The address of the Declarant is 1320 Second Street, San Rafael, CA 94901. 8.4 Each of the easements and rights granted or created here are appurtenant to the applicable portions of the Business Park and to the property described in Exhibit A and none of the easements and rights may be transferred, assigned, or encumbered except as an appurtenant to such portions. The property benefited will constitute the dominant estate, and the property burdened will constitute the servient estate. 8.5 Covenants Run With the Land. Each of the covenants, restrictions, and conditions, and provisions contained in these CC &Rs (a) are made for the direct, mutual, and reciprocal benefit of each parcel of land in the property described in Exhibit A; (b) will create mutual equitable servitudes on each ,parcel of land in the property described in Exhibit A in favor of every other parcel; (c) will constitute covenants running with the land; ( d ) will bind every person having any fee, leasehold, or other interest in a portion of the property described in Exhibit A; and (e) will inure to the benefit of the parties and their respective successors and assigns as to their respective parcels of land in the property described in Exhibit A. 16 24 Documents Ka ?+td~O by Data7ree LLC wa its proptwtary Imaging and oelr:ery system. Copynght 2W", AO rights reserded. 8.6 Assumptions and Releases. The parties covenant that upon each coveyance of an interest in property described in Exhibit A, the grantor will (a) require the prospective new party to agree not to use, occupy, or allow any lessee to use or occupy the, premises in any manner which would constitute a violation or breach of these CC &Rs. and (b) require the new party to assume and agree to perform each of the obligations of the conveying party under these CC &Rs. Grantors' and grantees' compliance will be evidenced by written instrument executed, acknowledged, and recorded in the office of the Sonoma County Recorder, notice of each such conveyance and agreement to be given to each person owning fee title to any part of. the property described in Exhibit A within ten (10 ) days after recordation of the notice. After such recordation and notice, the conveying party will be released from any further obligation under this document except liens which have not been paid. BUSINESS PARK CC &RS 9.1 Signing CC &Rs. When CC &Rs containing the same or substantially similar terms as contained herein binding the entire Rancho Arroyo Business Park are executed by Dick York, Steven G. Amaral, and the Rancho Arroyo Racquet Club, or their successor on behalf of property containing at least 80% of the total area of the Business Park, Declarant or its successors in interest shall execute such CC &Rs forthwith. 9.2 The purpose of Section 9.1 is to require agreement to a uniform system of maintenance of the storm water 17 25 Documents pro,.lded by DataTree LLC via it's proprietary imaging and deli.,ery system. Copyright 2013, All rights reservJ. U� J5 2 2� retention ponds as defined herein for the Business Park and to require Declarant or its successors in interest to pay its proportionate share of assessor nts therefore, but no more. EXECUTED at ► California, on (� 1985. t REDWOOD OIL COMPANY, INC. OFFICIAL SEAL BILL HESS NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SONOMA COUNTY NY CDMIISSION E %M, MAY S. 1963 By CONSENT The undersigned, being the respective beneficiaries of dee of trust covering portions of real property described in the rreegoing CC &Rs consent to the execution of the CC &Rs by the true ees under the deeds of trust indicated opposite their respect a signatures, and that their separate interests in and t the property are now,- and will continue to be, subject and Bubo dinate to these CC &Rs. Beneficiary of Deed of Trus dated , 19 , recorded , 19 , Document No. , t Official Records of Sonoma County, executed by trus tors; trustee. I DATED: , 1985 Beneficiary of Deed of Trust dated , 19 , recorded , 19 , Document No. , Official. Records of Sonoma County, executed by trus tors ; trus tee. DATED: , 1985 t 1 18 BENEFICIARY By ATTEST: VV By BENEFICIARY ATTEST: 26 Documents pr o4%d by D AaTree LLC via its prupretary imaging and oelvery system. Copynght 2@73, All rights reser ✓ed. STATE OF CALIFORNIA COUNTY OF Sonoma OFFICIAL SEAL KIM MOORE NOTAFY PU21LIC- CALIFORNIA PRINCIPAL OFFICE IN SONOMA COUNTY 'My Commission Expires Jan. 24, 1988 CORPORATION ACKNOWLEDGMENT Form No, 14 Rev, 7.82 }ss ON August 8 , - -_ - - -j 1g-8 S, before me, the .. ... . .... .. ............... ..... undersigned, a Notary Public in and for said County and State, personally appeared Peirer C . Va . _.A y.ea------------ - - - - -- • -- ...... __. . proved to me on the basis of satisfactory evidence to be the person...... who executed the within instrument as ................... ............... .......... . . . . .. President,Xd .......................... AWMW of the Corporation therein named, and aknowledged to me that such Corporation executed the within instrument pursuant to its By -laws or a Resolution of its Board of Dir tors. Notary's Signature...... . . ..... 27 Doc unwnts pr r4vcf by CataTrea LLC via A's proprMtary imaging and dal Eery system. Copynght 2003, All rights raseR'ed. 05 052293 H X I B I T "A" All that property situated in the City of Petaluma, County of Sonoma, State of California, more particularly described as follows: Being Lots 1 thru 8 inclusive, as shown and designated upon that certain Map entitled °Map of Rancho Arroyo Business Park Unit One ", recorded in the Office of the County Recorder on August 12, 1985 in Book 375 of Maps, at pages 12, 13 and 14, Sonoma County Records. AP 150- 020 -06 & 07 28 1 Documents proMdearby DetaTree LLC via it's proprtetany Imaging and delivery system. Copynght 2P73, Al rights rcwr,2 i.' -' B 5 0'52293 EXHIBIT "B 1702 August 12, 1985 RANCHO ARROYO BUSINESS PARK Those properties shown on record of survey'map filed in Book 367 of Maps, Pages 18 and 19, Sonoma County Records, and more particularly described as follows: BEGINNING at the intersection of the Easterly line of Petaluma Boulevard North with the Southwesterly line of the Petaluma and Santa Rosa Railroad right -of -way, 60 feet wide; thence along said right -of -way line South 53 °35'28" East 2029.90 feet to its intersection with the Southeasterly line of the lands conveyed to Amaral by deed recorded in Book 3606 of Official Records, Page 726; thence along said line South 36 °13'12" West 257.47 feet to its intersection with the Northeasterly line of the lands conveyed to Rancho Arroyo Racquet Club, Ltd., by deed recorded in Book 3399 of Official Records, Page 503; thence along said line South 53 034'14" East 1692.43 feet to the center of Old Corona Road, 60 feet wide, and the most Easterly corner of said lands; thence along said center line South 35 °42'42" West 779.60 feet to the center of Petaluma Creek; thence Northwesterly along said center line to its intersection with said Easterly line of Petaluma Boulevard North; thence Northerly along said line on a curve to the right, radius 926 feet, whose center bears North 80 °40'15" East, through a ceniral angle of 19 °09'07" an arc length of 309.53 feet and North 9 °49'22" East 504.47 feet to the point of beginning. 29 C4c(p.r lj;301A by DataTrea LLC yp it's proprMYary imag! ,,rrfF4 •Jp `� v systerm�. Copyright 2D33, All rights rEYn•ry. 586.65 a taas.3a) B +517'�J�� ai.33 {583.29) v n 15'' PUE?I,IC UTlLITIE:S EASEMENT ui n� -N84047'10 "E 93: Z7 j N • f , \, - • 9 DRAINAGE. EASEMENT yN 84-034267 OR ^ '�� I LANOSCAPINO EASEMt%T "C" W YORK ea•o3t43a o't AMARAL K PARCEL 1 ` )UBLIC UTILITIES 5 3606 OR 7 o 3619 OR 198 EXHIBIT rlCii OSCAPING EMT. u� CITY OF P£TALUMA 031437 OR / 84- 034267, OR 1412.07 , - — N, 11 , 1�� �► 395. 99 (395.66) _. 481.17 ( 48Q 90.'__ ;r, 11)6.20 :+.0 ' 107.36 _,, ••`. ROA 40,03 - p O 40,03 `-- 10' PUBLIC UTILITIES a o " )— SEE DETAIL ABOVE LANDSCAPING EMT / ITY OF PETALUMA 7x•00 Ik m R 500 \ 1 4- 002712 OR Q q 40 40 A-- 35 012'08" CITY OF sz>oOts'2o "» , to rn l I A . o h Wrl 0 ^' L' 307.20 GET LUMA I n O p + 4 84- ,031437 A LANDSCAPING EASEMENT "8 "( p N ro • N $ 18 023120 "E 97.03 84 - 002715 OR m N TOTAL RICHARD$ / GILSON I POND "A" EASEMENT R= 650 AMARAL 81 -032383 OR �. ! 84 • 031438 OR 6 OR 726 A = 44v 360 15' LANDSCAPING L s 50r 15 LANDSCAPING EASEMENT EASEMENT 84-002715 OR - M) EXISTING 15' PUBLIC A'oa�tt'IO' POND "A" EASEMENT . Mtt' r J UTILITIES EASEMENT +�� `0'00\ I 84 - 002715 OR "� ZL- r 11 y 2713 OR 118 "11 8 TO °00'00 "E 42.21 8651,00'00 "E 41.16 el �4� o POINT "D" / d�� 15' DRAINAGE EASEMENT Z n° 3.1l3 ( a4- 031436 OR r 1 k0e042'30"1: NOTE HELD DEED DISTANCE \' u-, m SONOMA COUNTY WATER AGENCY L cat rn TO LOCATE SOUTH CORNER -v v RECORD OF SURVEY 174 MAPS -50 1PCL. "Bo 2659 OR 720) 316, BO --� LEGEND 250.80 • FOUND G "X G" CONCRETE MONUMENT i' a CAST - IRON WELL MONUMENT WITH 6" DIA. CYLINDER 6 2" GRASS DISK , RCE 1 1226 TO "B" CALCULATED Q FOUND CAST - IRON WELL MONUMENT a UN -- -- -_ FT." PLR STATE • FOUND 1/2" IRON PIPE RCE 11226 0 ORD MAPS 01 FREEWAY } r FOUND 3/4" IRON PIPE -- NO TAG UNLESS _ RECORD DIMEKS IONI• X FOUND MONUMENT AS. INDICATE030 Documents prc+; o7ad by DataTTea LLC via ifs proprWt;ry imaging and �dolwery _system. C?pynght PD•73• All rights rnoi,v . - • -- -4 ^• -• -- � - -� , !I pfr4 GN ,N7Q059'30."E LANDSCAPING EASEMENT "E" o' 7 0. 81 —�- t O 84 - 051438 OR % O N 0 AREA MAP r NO SCALE D T D4 °09' 30" EXHIBIT licit "E 102,81 r � ' L t 45'0° continued (PING EASEMENT "F" 84- 056114 OR 55' 50 " 00 I 10' PUBLIC UTILITIES B r FLANDSCAPING EASEMENT No SCALE 9 .__S 53134' 14 E SEE SHEET I + W n 4) I POND "B" R 650 1 Jill N Y EASEMENT o 32013'08" b 94 •056114 OR L 3[5.51 - RACQUET CLUB DEDICATION: IO' LANDSCAPING Eli 84.05GI14 OR } 34,966 Sr R 62o SEE 84.056474 OR 1 \ \ N ET. 4 ' 330 23 44" OD;n 50 ' \ I "c.'� L _ 3G1.38 S63°05'30 E 1 h3.'80 1 04 °58'!6" 553 034'20 "E �. g3,6i \ l t 9 S5° 34'20 "E 30 SEE DETAIL "A" c SEE DETAIL. "A" N O U-) m 1 R= 680 TOTAL : OD R 650 in a 28 °26'45" oIQ, q 40 N L = .337.h0 = ` +4 °42'10" i j M L : 507. 14 i1 w -- POND "C" 10' PUBLIC UTILITIES Q EASEMENT LANDSCAPING EASEMENT M P4 - 15fit! I OR 84- "031832 OR — 15' LANDSCAPING EASEMENT 543.45+ 4a Q 94 - 056111 OR REOW000 OIL CO," i3 S 261,00'00 "E PARCEL AI: 33.91 3668 OR : �5 11 i SONOMA COUNTY WATER AGENCY 2659 OR 728 w R= 510. az 000 a� ,V L ['8.42 M f 0 , .I't ;N � h�i1 Z � •t 1 0;7 1 • ,-R =680 N 1t: z A : 020 42' 32" L 32, 15 R■ 680 ` .._. -IG4 F -.• t! ._ ( c Cx0-x,i n "_r. / I 161 06 °09'0,0 Documents provnie -d by DataTr e LLC vu its propnetary imaging an oeI msry system. Copyright 2NJ3, All rights resmed. Q 1 85052293 a EXHIBIT 11C continued 0 { N 15' PueLlc urlLlrlt:s E' AS£I n N 84 - 056474 OR I RANCHO ARROYO RACQUET CLUB \p 0 82 - 070'.)12 OR O l r POND "D" EASEhi£NT 84.056111 OR �, 1694.71 � /---- IS'x �B 2J0' l��LI: 7 UTILITIES CASEMENT 04 -0 56114 OR 553 °34'20 "E.. w 3 yy °J4'20 "E 907 61 _ p ° _��� • M 414.08 . �V ( d Y 230.00 L -IO' LANDSCA�INO EMT. J �, •N n 0 10 PUBLIC UTILITIES e1 z y '1' n q, N TOTAL CURVE; O v i I n POINT to LANDSCAPING EASEMENT., o w �o 0 0 •� ° C .' rod 84 -031332 OR ;� R 850 �v' °o ran o NO iE (11 : 470 tr N ti 4 21004'53 r `r�. 10 N z 95 t� �IJa aq A : 43048'10" `' n q ti1y �d eel 'n � L = 3 12 . T 5 L z 359.32 R = 820 rn t 4% 17+ °l3'25 " l �oA9�� 16049'49 I r 246.50 5 `h 9�.. O L 269,49 ( / ,dry � ,� ,� �-� � �_ � _ --' � °gyp ' ,� • `� 17. 12 30 30 No _D ICAT)OtJ: �J �� 33.0,06 „E O \ W SEE DETAIL a O "8» n O h ' � O n — o N R = 500 w R =880 N a 8 = 43048' 10” R = 530 0 „ ^ 4` L = 382.25 a t 43048'10 A = 16 40 29; w L = 405.19 L ' 256.1 I -- CD N � r O 10' PUBLIC UTILITIES 8 ABANDONED BY COUNTY OF n LANDSCAPING EASEMENT SONOMA RESOLUTION NO, s 84 - 031832 OR 73048 , NOV. 2 , 1982 $ REDWOOD OilL COMPANY 10547 SF , PARCEL 2 \ 3668 OR 514 32, Z9 6,80 EEC ' \ 00Q °�� RECORD OF r'oD" p ETALUMA FOR STONY 1" = 1001 04" 17, 1982. 32 Docyments K•rcloJ -d by DataTree LLC vu irs proprietary Imaging and oelr:ery system. Copyright 2LM, All rlghts reserved. 85.0.5229.9 EXHIBIT 'ID" i, YORK POND "A" EASEMENT An easement for a storm -flow retention pond, located within Parcel Two of the lands conveyed to Dick York by deed recorded in Book 3619 of Official Records, Page 198, Sonoma County Records, and more particularly described as follows: BEGINNING at a point on the Southeasterly boundary of Parcel Two of said lands, distant South 38 037'14" West 30,02 feet from its most Easterly corner; thence along said boundary South 38 °37'14" Wiest 299 feet; thence North 65 °00' West 41.16 feet; thence parallel with and distant 40 feet Northwesterly from said boundary North 38 037'14" East 307.15 feet to the Southwesterly line of the proposed extension of Industrial Avenue, 60 feet wide; thence along said line South 53 035'28" East 40.03 feet to the point of beginning. Containing an area of 12,123 square feet, more or less. 33 Documents pn!.9ded by D'ataTree LLC via We proprietary imaging and delP.'ery system, %opynght 2073, All rights resen ."i, '85 05229 EXHIBIT "D" continued AMARAL . PONDS "A" AND "C" An easement for storm -flow retention ponds, located within the lands of ' Stephen G. Nnaral, et.al., as described in deed recorded in Book 3606 df'Official Records, Page 726, Sonoma County Records, and more particularly described as follows: Pond "A" BEGINNING at a point on the Northwesterly boundary of said lands, distant South 38 °37'14" West 30.02 feet from the most Easterly corner of Parcel Two of the lands conveyed to Dick York by deed recorded in Book 3619 of Official Records, Page 198; thence along said boundary South 38 °37'14" West 299.00 feet to a point designated "Point D;" thence South 70 000' East 42.2l.feet; thence parallel with and distant 40 feet Southeasterly from said boundary North 38 037'14" East 287.07 feet; thence North 53 035'28" West 40.03 feet to the point of beginning. Containing an area of 11,721 square feet, more or less. Pond "C" BEGINNING at a point on the Southeasterly boundary of said lands, at the most Northerly corner of the lands conveyed to Redwood Oil Co., Inc, by deed recorded in Book 3668 of Official Records, Page 514; thence along said boundary South 36 °13'12" West 285.28 feet to the most Easterly corner of Parcel B of lands conveyed to Sonoma County Water Agency by deed recorded in Book 2659 of Official Records,,Page 728; thence along the boundary of said lands North 43 °45'13" West 40.62 feet;'thence parallel with and distant 40' Northwesterly of said South- easterly boundary North 36 °13'12" East 306.90 feet; thence Southeasterly on a curve to the left, radius 680 feet, whose center bears North 61 °44'38" East through a central angle of 3 °40'51" an arc length of 43.69 feet to said South- easterly boundary; thence along said boundary South 36 013'12" West 11.14 feet to the point of beginning. Containing an area of 12,056 square feet, more or less. _..... _ .... 34 Documents pnoaded by DataTreo LLC v* d's pn)priitary imaging and deli.+ fy system. Copyright 21)73, All rights re- served. .850522.93 EXHIBIT 'ID" continued RANCHO ARROYO RACQUET CLUB, LTD. PONDS "B" AND "C" An easement for storm -flow retention ponds, located within the lands conveyed to Rancho Arroyo Racquet Club, Ltd. by deed recorded in Book 3399 of Official Records, Page 503, Sonoma County Records, and more particularly described as follows: Pond "B" BEGINNING at a point on the Northwesterly boundary of said lands, distant South 36 °13'12" West 15.00 feet from the most Northerly corner of said lands; thence along said Northwesterly .boundary South 36 013112" West 165.94 feet; thence Southeasterly on a curve to the left, radius 620 feet, whose center bears North 60 °18'14" East through a central angle of 4 058'16" an arc length, of 53.80 feet; thence parallel with and distant 50 feet - Southeasterly from said boundary North 36 013'12" East 185.55 feet to the Southwesterly line of the 15 -foot utilities easement conveyed to City of Petaluma by deed recorded in Book 1982 of Official Records, Page 894; thence along said line North 53 °34'14" West 50.00 feet to the point of beginning. Containing an area of 8808 square feet, more or less. Pond "C" BEGINNING at the most Westerly corner of said lands; thence along the South- westerly boundary of said lands South 53'34'20" East 30.11 feet; thence North- westerly on a curve to the right, radius 680 feet, whose center bears North 55 °21'15" East through a central angle of,'2 °42'32" an arc length of 32.15 feet to the Northwesterly boundary of said lands; thence along said boundary South 36 013'12" West 11.14 feet to the point of beginning. Containing an area of 164 square feet, more -or less-. Documents prcai]cd by DataTree LLC Vla its propnelary imaging and - Jelvery system. Copynght 2N3, All rights reserved 05052293 EXHIBIT "D" continued REDWOOD OIL COMPANY PONDS "C "''AND 'T" An easement for storm -'flow retention ponds, located within the lands conveyed to Redwood Oil Company, Inc. by deed recorded in Book 3668 of Official Records, Page 514, Sonoma County Records, and more ,particularly described as follows: Pond "C ": BEGINNING at the most Northerly corner of said lands; thence along the Northwesterly boundary'of said lands South 36 013'12" West 217.86 feet; thence South 26 °00' East 33.91 feet; thence parallel with and distant 30 feet South- easterly of said boundary North 36 °13'12" East 233.55 feet to 'the Northeasterly boundary of said lands; thence along said boundary North 53 °34'20" West 30.00 feet to the point of beginning. Containing an area of 6771 square feet, more or less. Pond "D": BEGINNING at the intersection of the Northeasterly boundary of said lands with the Northwesterly line of 011 Corona Road, 60 feet widip; thence alonj,'said'North- easterly boundary North 53 034'20" West 230.00 feet; thence South 35 042'42" West 189,78 feet; thence Easterly on a curve to the left, radius 820 feet, whose center bears North 23 047'56" East,through a central angle of 17 °13'25" an arc length of 246.5,0 feet to said Northwest line of Corona Road; thence along said line North 35 °42'42" East 100.81 feet to the point of beginning. 36