Loading...
HomeMy WebLinkAboutResolution 2010-209 N.C.S. 11/30/2010Resolution No. 2010 -209 N.C.S. of the City of Petaluma, California RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY AND REAL PROPERTY INTERESTS, AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS EAST WASHINGTON STREET /HIGHWAY 101 INTERCHANGE IMPROVEMENTS PROJECT 840 -980 East Washington Street, Petaluma, CA (APN 007 - 031 -001, 007- 473 -040, 007- 251 -001 and 007 -241 -002) Property Owner: Regency Petaluma, LLC, a Delaware Limited Liability Company WHEREAS, the purpose of the East Washington Street /Highway 101 Interchange Improvements Project (the "Project ") is to alleviate existing traffic - related impacts, which will require that additional right -of -way be acquired along State Route 101 and the East Washington Street Interchange to accommodate road widening and the relocation of utilities; and, WHEREAS, the Project is consistent with the adopted General Plans for the City of Petaluma and the County of Sonoma, as well as the Sonoma County Transportation Authority for East Washington Street; and, WHEREAS, California Streets and Highway Code section 130 authorizes the State of California, Department of Transportation, ( "Caltrans ") and the City of Petaluma to enter into a contract regarding the acquisition, construction, improvement, or maintenance of any State Route; and, WHEREAS, the City Council of the City of Petaluma adopted Resolution No. 2009 -075 N.C.S. on June 1, 2009, to enter into a "Cooperative Agreement," dated June 3, 2009, with Caltrans to construct the Project improvements; and, WHEREAS, for the above reasons, it is desirable and necessary for the City of Petaluma to acquire a Highway Easement parcel (Caltrans' Parcel 60296 -1), a Temporary Construction Easement (Caltrans' Parcel 60296 -2), and a Utility Easement (Caltrans' Parcel 60298 -3) in and to a portion of the subject property, located 840 -980 East Washington Street, in the City of Petaluma, Sonoma County, California, (Assessor's Parcel Number 007- 031 -001, 007 - 473 -040, 007-25 1 -001 and 007 - 241 -002) as more particularly described in Exhibits A, A -1, B, B -1 and C, C -1, which are attached hereto and made a part hereof by this reference and are hereinafter referred to as the "Subject Property"; and, WHEREAS, the City of Petaluma is vested with the power of eminent domain to acquire real property for the Project 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, 1240.150, 1240.350; California Government Code sections 37350.5, 37353, 39792, 38900, 40401 and 40404; City of Petaluma Resolution No. 2009 -172 N.C.S.; City of Petaluma Resolution No. 2010 -209 N.C.S. Page I Resolution No. 2009 -075 N.C.S.; "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 October 26, 2009; approval by Caltrans for the East Washington Street /Highway 101 Interchange Improvements Project; and, WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City of Petaluma has provided the owners of the Subject Property, a copy of the "Notice of Intent to Adopt Resolution of Necessity" informing them of the date and time any interested person can be heard before the City Council, on the following matters, and to have the City Council give consideration to testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings: 1. Whether the public interest and necessity require the Project. 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. Whether the property sought to be acquired is necessary for the Project. 4. Whether the offer required by Government Code section 7267.2 has been made to the owner of record. Whether the Subject 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 unreasonably interfere with or impair the continued public use as it now exists or may reasonably be expected to exist in the future. 6. Whether the Subject 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. WHEREAS, pursuant to the provisions of section 7267.2 of the Government Code of the State of California, the City of Petaluma has made an offer to the owner of record to acquire the Subject Property for just compensation and provided same with an appraisal summary statement; and, WHEREAS, the City of Petaluma has satisfied the provisions and complied with all requirements of the California Environmental Quality Act ( "CEQA ") and the National Environmental Policy Act ( "NEPA "), and public notice has been given in the form provided by law, and members of the public have been given an extensive opportunity for public review and comment on the Project; and, WHEREAS, on October 19, 2009, the City Council adopted Resolution of Necessity No. 2009 -172 N.C.S. seeking authorization from Caltrans to conduct Resolution of Necessity Hearings for the Project, and thereafter, the City received the aforementioned authorization from Caltrans on September 30, 2010; and, WHEREAS, at its noticed meeting of November 15, 2010, the City Council continued the public hearing to a special meeting on Tuesday, November 30, 2010; and, Resolution No. 2010 -209 N.C.S. Page 2 WHEREAS, the City Council considered this matter as an agenda item at its noticed special meeting of November 30, 2010; and, WHEREAS, all the findings and conclusions made by the City Council pursuant to this Resolution are based upon substantial evidence in the entire record before the City Council, and not based solely on the information provided in this Resolution; and, WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including each of the Project- related documents relevant to the adoption of this Resolution, including but not limited to, the General Plans of the City of Petaluma and the County of Sonoma, the aforementioned resolutions, the Draft Environmental Impact Report/Environmental Assessment, the Final Draft Environmental Impact Report /Environmental Assessment, and the Project Study Report, and all oral and written evidence presented to it during all meetings and hearings; and, WHEREAS, the City Council has endeavored in good faith to consider the pros and cons of the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) the Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (3) the Subject Property is necessary for the Project, in order to affirm each of the aforementioned prior to the application of its power of eminent domain in this particular instance; and, WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred. NOW, THEREFORE, it is found, determined, and resolved by the City Council of the City of Petaluma as follows: 1. The above recitals are true and correct and are matters on which these findings are based. 2. The public interest and necessity require this Project, and specifically for the construction of the improvements to replace and expand the East Washington Street /Highway 101 Interchange in order to mitigate existing interchange operational and safety deficiencies. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury as determined, in part, after an extensive environmental review process. 4. The taking of the highway easement parcel, temporary construction easement and utility easement, more particularly described and depicted in Exhibits A through C -1 are necessary for the Project. 5. The offer required by Government Code section 7267.2 was made to the owner of record. 6. The proposed public use of the Project will not unreasonably interfere with or impair the continuance of the public uses, if any, as they currently exist or may reasonably be expected to exist in the future, pursuant to California Code of Civil Procedure section 1240.510. Resolution No. 2010 -209 N.C.S. Page 3 The public use for which the Subject Property is sought to be taken is a more necessary public use than the public uses to which the property is currently appropriated, pursuant to California Code of Civil Procedure Section 1240.610. While continuing to make every reasonable effort to acquire the Subject Property interests by negotiation, the City Attorney of the City of Petaluma or his duly authorized designee be, and is hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the Subject Property and to take such action as may be deemed advisable or necessary in connection therewith. 9. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Deposit Fund, in the amount determined by the Court to be so deposited, as a condition to the right of prejudgment possession. 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 pr ed , to Council of the City of Petaluma at a Special meeting on the 30` day of November, rm 2010, by the following vote: AYES: Barrett, Vice Mayor Glass, Harris, Healy, Babbitt, Ren6e, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: , City Clerk City fkftorney Resolution No. 2010 -209 N.C.S. Page 4 Resolution No. 2010 -209 N.C.S. Page 5 Parcel 1 (60296-11 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 0 42'36" West with a radius of 67.054 meters, through a central angle of 6 0 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 0 59'59 ", for a distance of 27.963 meters; thence, North 44 0 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 0 54'15 ", 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 :1Eng0910990841DocslLega1s12421 _Regency RQw.doc 8112110 Resolution No. 2010 -209 N.C.S. Page 6 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, 1952 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 °51'30" 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 0 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 °07'18 ", for a distance of 44.543 meters; 4) thence, South 46 0 18'36" 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 °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 for the purpose of a freeway and the grantor hereby releases and relinquishes 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. .0; Prepared by: �\oNPt LA/VD St, BKF / Carlenzoli o Q H. ry 0 A Exp. 09/30/11 o.4760 Ralph H L .. No. Lic. Exp. 9/30/11 T FOF r,A11Fo�' K :1Eng0910990841Docs\Legals12421 _Regency ROW.doc 8112110 Dated: 12 / 1 0 Resolution No. 2010 -209 N.C.S. Page 7 Exhibit A -1 o BRASS DISK MARKING - ' STATION 760 +00 ON "F'" LINE Syb • 0= 6`40'39" i TAN BRG = 67.054rri =7 15m Iv a " . °' g u';p - 36F LL- 21'24'00" 0 R= 85.344m L =31.876m N4678°36 "E 9 d\ g 024 > d�38'S9'59" S44 52'30'W 69.003m m R= 41:082m LO L= 27.963m 5 �,3 ZS57'34'09 "E 21.686m 0� O S573 "E LANDS OF 3 TAN. BRC. REGENCY PETALUMA LLC 1&= 13 DN 2004 - 074843 �= 50.000m L=1 2.134m Z. -P; a N/ S35'57'10 "W z o �o/ 0.120m J I POINT OF COMMENCEMENT STATION 76 +31.918 u- BRASS DISK MARKING m bD 4,J OF "P" LINE _ _ _ ` o STATION 789 +77.67 f w OF "F" LINE � / f 3 3 .o�J N52'48'41 "W 3 f 33.595m J f wf -- N50'68'06 "W �f N » » 27,854m' F DETA A A- -4'51'05" / NOT TO SCALE R= 307.000m J L =25.995rn J ==-3'00 / R= 882.901 m L= 46.478m / POINT OF BEGINNING STATE OF .CALIFORNIA . PEDESTRIAN OVERCROSSING 2661 O.R. 964 0 40 1 METERS , 548'08'38 "W NQ 16'02 "W 2.514m 1:2000 TAN. BRG. _ � DATE RECENCY PETALUMA, LLC TO OCTOBER 2009 STATE OF CALIFORNIA DRAWN BY C, BJA JOB NO. .- 2421 RALPH H. THOMAS LS 4760 O a 2421E -16- Re9=- ncyJ C:A N ZQLI A N I) AsS0QIATES Civil Engineers - land Svxveyors - Planners 315 TESCONI CIRCLE, SANTA ROSA, CA 95401 (707) 542.6465 FAX (707) 542.1645 C0BYRI03T 6 j6O CARLENLOLL Resolution No. 2010 -209 N.C.S. Page 8 Al 1 Resolution No. 2010 -209 N.C.S. Page 9 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 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 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 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 °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, 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 0 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 54'15 ", 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 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 :tEng0910990841DocslLegals\2421 _Regency TCE(2).doc 8112110 Resolution No. 2010 -209 N.C.S. Page 10 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 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: BKF / Carlenzoli l G' Ralph H. thomas, VS ,,L LAND'9 0 N � Exp. 09/30/11 4A6 sT �T� OF CALIF� w K: 1Eng091099O84 \Docs \Legais12421_Regency TCE(2).doc 8112/10 ated: 6 Z 610 Resolution No. 2010 -209 N.C.S. Page 1 1 c d= 6'40'39" POINT OF BEGINNING 7 �R= 54m L= 7.81.815m S POINT OF COMMENCEMENT / --(S66'49'00 "W 134.26' - PER 1175 O.R. 47) R3415082m J N44 5 o " 6 ' rn L= 27.963m LANDS OF REGENCY PETALUMA LLC DN 2004- 074843 In 0 0 b (V 0 a RALPH' H. 552'48'41 "E 33.595m S50'08'06 "E 27.854m 6--4'51'05" R= 307.000m L= 25.995m A-�3'00'58" R= 882.901 m L= 46.478m STATE OF CALIFORNIA PEDESTRIAN OVERCROSSING 2661 O.R. 964 p,HL TNQ S Ci N O Exp. 09/30/11 760 /lo LS 4760 w CARLENZOLI ENGINEERS I SURVEYORS I PLANNERS 2421EXH9— Regency_TCE.dwg r� H Subject TEMPORARY CONSTRUCTION EASEMENT 9 CIRCLE OVER THE LANDS OF REGENCY PETALUMA, LLC SANTA ROSA, CA 95401 Job No. 20099084 FA 707 - 542 - 1645 JAK Date APR 2010 Chkd. FAX: 707 542 - 1645 BY SHEET 1 OF 1 3.000m 6- =65'23'45" R= 89.800m L= 102.495m FUTURE RIGHT OF WAY LINE T o T a- 13'54'15" R= 50.000m L= 12.134m Resolution No. 2010 -209 N.C.S. Page 12 7*I Resolution No. 2010 -209 N.C.S. Page 13 Ij BKF 1 Carlenzoli Engineers / Surveyors I 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 FNGINUR6w SURVEYORS 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 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 °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 0 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 0 54'15 ", 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 °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 0 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 :1Eng0910990841DocslLegais12421 _Regency Utility).doc 8112110 Resolution No. 2010 -209 N.C.S. Page 14 n III f 119 '� ;i I h p,r 1 1ffi 4�iu CARLENZ FNGINEERS; SURVEYORS' PLANNERS BKF / Carlenzoli Engineers I Surveyors 1 Planners 325 Tesconi Circle Santa Rosa, CA 95401 Tel. 707 - 542 -6465 Fax. 707-542-1645 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 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 687 square meters (0.069 hectares), more or less. Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3. Prepared by: BKF / Carlenzoli Ralph H. ThomasX pL LAND SG ry0 2 r � L c� Exp. 09/30/11 No. 4 OF KAEng091099084TocslLegals12421 Regency Utility).doc 8/12/10 e z' 4'] 1 N Resolution No. 2010 -209 N.C.S. Page 15 0=- 6'40'39" POINT OF BEGINNING R= 67.054m L= 7.815m POINT OF COMMENCEMENT s 8�, s ' , / -- (S66'49'00 "W 134.26' - PER 1175 O.R. 47) FUTURE RIGHT OF WAY UNE R3415082m N44-52'30 "E 69.003rn L= 27.963m 0 0 s 0 a 1.524m (5.00 FT.)-J' 6= 65'23'45" = 1 02 .800m LANDS OF L= 102.495m REGENCY PETALUMA LLC x- 13'54'15" DN 2004 - 074843 R =50 .000m L =12.134m S52'48'41 "E 33.595m S50'08'06 "E 27.854m 0 40 100 dr4'51'05 " ,_ R= 307.000m SCALE 1:2000 METERS L= 25.995m A- =3'00'58" R =882.901 m L= 46.478m STATE OF CALIFORNIA PEDEST VERCROSSING �NA� LAOg O.R. 964 0 10 Exp. 09130/11 No, 4760 0 R I CARLENZOLI ENGINEERS i SURVEYORS/ PLANNERS 2421EXHS Utility.dwg Y O T Q C� H Subject 1.524m UTILITY EASEMENT 325 TESCONI CIRCLE OVER THE LANDS OF REGENCY PETALUMA, LLC SANTA ROSA, CA 95401 20099084 PK 707 -542 -6465 S�b Jul 2010 Chkd. JAK Dote FAX: 707 -542 -1645 BY 1 OF SHEET Resolution No. 2010 -209 N.C.S. Page 16