HomeMy WebLinkAboutResolution 2010-208 N.C.S. 11/30/2010Resolution No. 2010 -208 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
261 North McDowell Blvd., Petaluma, CA
(APN 007 - 350- 008/009)
Property Owner: Syers Properties I, L.P.
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 60299 -1), a Joint Trench Easement
(Caltrans' Parcel 60299 -2), a Sanitary Sewer and Water Easement (Caltrans' Parcel 60299 -3), a
Temporary Construction Easement (Caltrans' Parcel 60298 -4) and an Overhead Transmission
Easement in and to a portion of the subject property, located 101 - 261 North McDowell
Boulevard, in the City of Petaluma, Sonoma County, California, (Assessor's Parcel Number 007-
350- 008/009) as more particularly described in Exhibits A, A -1, B, B -1, C, C -1, D, D -1, E and
E -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,
Resolution No. 2010 -208 N.C.S. Page 1
38900, 40401 and 40404; City of Petaluma Resolution No. 2009 -172 N.C.S.; City of Petaluma
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.
5. 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,
Resolution No. 2010 -208 N.C.S. Page 2
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,
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, joint trench easement, sanitary sewer and
water easement, temporary construction easement and overhead transmission easement,
more particularly described and depicted in Exhibits A through E -1 are necessary for the
Proj ect.
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
Resolution No. 2010 -208 N.C.S. Page 3
expected to exist in the future, pursuant to California Code of Civil Procedure section
1240.510.
7. 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.
8. 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 l Nove as t o
Council of the City of Petaluma at a Special meeting on the 30` day of November,
2010, by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: —
City Clerk
City,Attorney
Resolution No. 2010 -208 N.C.S. Page 4
AIR
Resolution No. 2010 -208 N.C.S. Page 5
Parcel 1 (60299 -1)
Being a portion of the lands of Syers Properties I, L.P., a California Limited
Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed
September 9, 2002 under Document No, 2002 135205, 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 said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the southwesterly terminus of the
course recited as "N. 36 0 25'29" E., 884.07 feet" in the last said deed; thence, from
said Point of Commencement, North 55 °24'34" West, for a distance of 243.755 meters
to a point on the common boundary of said lands of Syers Properties I, and the lands
of Maria 1. Novak, Trustee of the Maria I. Novak, Trust, dated March 4, 1991, Darlene
De Bernardi, successor Trustee under the Joanne Novak St. Clair Irrevocable Trust
Agreement, dated December 23, 1996, and Joseph Felix, a widower and Stanley M.
Felix a married man, as his sole and separate property, as Surviving Joint Tenants, as
described in the Grant Deed recorded May 30, 1973 in Book 2767, Page 460, the
Quitclaim Deed recorded March 26, 1991 as Document No. 1991-0026172, and the
Quitclaim Deed recorded August 3, 2009 as Document No. 2009 - 076131, all Official
Records of the County of Sonoma; thence, along said common boundary, North
36 °46'56" East, for a distance of 12.117 meters to the POINT OF BEGINNING of the
parcel to be herein described;
thence, leaving said common boundary, North 58 °22'44" West, for a distance of
47.248 meters;
thence, South 36 °51'17" West, for a distance of 3.568 meters;
thence, North 55 0 24'34" West, for a distance of 23.266 meters;
, thence, North 64 °04'07" West, for a distance of 3.985 meters;
thence, North 55 0 24'34" West, for a distance of 87.127 meters;
thence, North 58 0 10'07" West, for a distance of 114.170 meters to the existing right of
way of the State of California, as said right of way is described in that Quitclaim Deed
from J.L. Novak and Maria I. Novak to the State of California, filed October 7, 1953 in
Book 1233 of Official Records at Page 381, Sonoma County Records;
thence, along said right of way of the State of California, South 55 °24'34" East, for a
distance of 275.233 meters to the common boundary line between said lands of Syers
Properties I, L.P. and said lands of Novak, et al;
thence, along said common boundary line, North 36 °46'56" East, for a distance of
12.117 meters to the POINT OF BEGINNING.
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Resolution No. 2010 -208 N.C.S. Page 6
Containing 1,469 square meters (0.147 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 0.999966886 to obtain ground distances.
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Resolution No. 2010 -208 N.C.S. Page 7
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Distnbution Easement Rev. (07/09)
LD 2405 -07 -1436
2010159 (01 -09 -021) 6 10 1
Lakeville Petaluma C
Elec. & Gas Distribution
(APN 007- 350 -008)
The strips of land situate in the city of Petaluma, county of Sonoma, state of California,
described as follows;
STRIP 1. A strip of land of the uniform width of 10 feet extending from the southeasterly
boundary line of Parcel No. 2 as shown upon PARCEL MAP No. 6, filed for record December
13, 1968, in Book 109 of Maps at page 15, Sonoma County Records, northwesterly to the
easterly boundary line of the portion of the strip of land delineated with heavy dashed lines
upon Pacific Gas and Electric Company's Drawing No. LN -9159, Chg. 1, attached to the
Correction Deed between Garrison- Petaluma Associates and Pacific Gas and Electric Company
dated March 19, 1981, and recorded as Recorder's Serial No. 81023318, Official Records of
Sonoma County, which portion, for identification only, as shown upon said Drawing has a
center line bearing of S 12° 17' 39 "W and a length of 159' +/- , and lying 5 feet on each side of
the line described as follows;
Commencing at the found 2 -inch Brass Disk shown upon said PARCEL MAP No. 6 as
marking the northwesterly terminus of a course in the center line of McDowell Boulevard, (for
identification only said course as shown upon said PARCEL MAP No, 6 has a bearing of
N54'3 1'30"W and a length of 759.80 feet) and running
(a) south 27 °41'38" west 888.72 feet
to a point in said southeasterly boundary line of PARCEL No. 2, being the TRUE
POINT OF BEGINNING of this line; thence leaving said southeasterly boundary line
(1) north 51'28'17" west 5,33 feet; thence
(2) north 69 °18'26" west 152.70 feet; thence
(3) north 55 °28'39" west 17.54 feet
to a point herein for convenience called Point "A "; thence continuing
(4) north 55 °28'39" west 410.70 feet
to a point herein for convenience called Point `B "; thence continuing
(5) north 55 °28'39" west 30.38 feet; thence
(6) north 54 °15'59" west 241.35 feet, more or less,
to a point in said westerly boundary line.
STRIP 2. A strip of land of the uniform width of 10 feet extending northeasterly from the
northeasterly boundary line of the strip of land hereinbefore described and designated STRIP 1,
and lying 5 feet on each side of the line which begins at said Point "A ", and runs thence north
34 °31'21" east 13.00 feet to a point within said PARCEL No. 2.
Resolution No. 2010 -208 N.C.S. Page 11
Distribution Easement Rev. (07/09)
STRIP 3. A strip of land of the uniform width of 10 feet extending northeasterly from the
northeasterly boundary he of said STRIP 1, and lying 5 feet on each side of the line which
begins at said Point 'B" and runs thence north 34 °31'21" east 30.00 feet to a point within LOT
B as shown upon'Parcel Map No. 149, filed for record May 30, 1979, in Book 289 of Maps at
page 6, Sonoma County Records.
STRIP 4. A strip of land of the uniform width of 10 feet, lying 5 feet on each side of the
line described as follows:
Commencing at the found 2 -inch Brass Disk shown upon said PARCEL MAP
No. 6 as marking the northwesterly terminus of a course in the center line of McDowell
Boulevard, (for identification only, said course as shown upon said PARCEL MAP No.
6 has a bearing of N54 °31'30, "W and a length of 759.80 feet) and running
(a) south 45 °44'53" west 779.44 feet
to a point in an existing line of poles erected on said Parcel No. 2 under and by virtue
of the deed from Eliza Grover to Great Western Power Company dated June 25, 1912,
and recorded in Book 294 of Deeds at page 421, Sonoma County Records, being the
TRUE POINT OF BEGINNING of this line; thence
(1) south 30 °06'30" east 19.55 feet; thence
(2) south 37 °21'47" east 78.92 feet; thence
(3) south 49 °56'59" east 13.73 feet; thence
(4) north 83 °31'31" east 9.79 feet; thence
(5) north 37 °09'52" east 42.00 feet
to a point within said PARCEL No. 2
The foregoing descriptions are based on a survey made by second party in April,
2010. Bearings are based on the California Coordinate System (CCS83 EPOCH date 1991.35),
Zone 3, and are based on Global Positioning System (GPS) observations. All distances used
herein are grid distances. To obtain ground distances, multiply ground by 0.99996886.
Resolution No. 2010 -208 N.C.S. Page 12
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Resolution No. 2010 -208 N.C.S. Page 14
Parcel 1_(60299 -3) .
Being a portion of the lands of Syers Properties I, L.P., a California Limited
Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed
September 9, 2002 under Document No. 2002 135205, 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 said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria 1. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the westerly terminus of the course
recited as "N. 36 °25'29" E., 884.07 feet "; thence, from said Point of Commencement,
North 55 °2434" West, for a distance of 243.755 meters to a point on the common
boundary of said lands of Syers Properties I, and the lands of Maria 1. Novak, Trustee
of the Maria I. Novak, Trust, dated March 4, 1991, Darlene Kehoe, successor Trustee
under the Joanne Novak St. Clair Irrevocable Trust Agreement, dated December 23,
1996, and Joseph Felix, a widower and Stanley M. Felix a married man, as his sole
and separate property, as Surviving Joint Tenants, as described in those deeds
recorded in Book 2767 of Official Records at Page 460, Document No. 1991 - 026172,
and Document No. 2009 - 076131, Official Records of the County of Sonoma; thence,
along said common boundary, North 36 0 46'56" East, for a distance of 25.040 meters
to the Point of Beginning of the parcel to be herein described;
thence, from said POINT OF BEGINNING, leaving said common boundary, North
51 0 28'17" West, for a distance of 1.817 meters;
thence, North 63 0 06'07" West, for a distance of 83.950 meters;
thence, North 55 0 28'39" West, for a distance of 101.611 meters;
thence, North 54 0 15'59" West, for a distance of 71.727 meters;
,,,, thence, North 12 0 53'26" East, for a distance of 3.307 meters;
thence, South 54 0 15'59"
East, for a distance of 2.827 meters;
thence, North 13 °23'52"
East, for a distance of 3.533 meters;
thence, South 54 °15'59"
East, for a distance of 3.295 meters;
thence, South 13 °23'52"
West, for a distance of 3.533 meters;
thence, South 54 °15'59"
East, for a distance of 66.856 meters;
thence, South 55 °28'39"
East, for a distance of 101.376 meters;
thence, South 63 0 06'07"
East, for a distance of 84,057 meters;
K AEng09109908410ocs\Legals12421 _Syers_SS &WA.doc
8112110
Resolution No. 2010 -208 N.C.S. Page 15
thence, South 51 East, for a distance of 2.035 meters;
thence, South 36 0 46'56" West, for a distance of 3.049 meters to the Point of
Beginning.
Containing 803 square meters (0.080 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Zone 3. Divide the above
distances by. 0.999966886 to obtain ground distances.
Prepared by:
BKF / Carlenzoli
Ralph H. Thomas, L(S/No. 4
Lic. Exp. 9/30/11
pO,L LAND
QN H. r'yOSG9L
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.No. 476
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K :IEng0910990841DocslLegals12421 _Syers_SS &WA.doc
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Resolution No. 2010 -208 N.C.S.
12 �
Page 16
0
BRASS DISK MARKING
STATION 760 +00 ON "F" LINE
w
N L r S35'57'10 W
0.120m \
STATION 76 +31.918 POINT OF
OF "P" LINE o COMMENCEMENT
BRASS DISK MARKING
° E SAN IT SEWER z STA 789 +77.67
J
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DN 80- 076666 a
0 SEE DETAIL "B"
al V 3 1 ; PARCEL A&/l F I f�J DETAIL A
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LANDS OF 2.827m
SYERS PROPERTIES I, L.P. N13'23'52 "E
0
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LANDS OF NOVAK, ET AL
BEGINNING 2767 O.R. 460
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DN 2009 - 076131 \p N 4 p SG
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SEE DETAIL "A' �N`
E . D 30111
RALPA H. S S 4760
325 TESCONI CIRCLE Subject SANITARY ASEMENT
SANTA ROSA, CA 95401 OVER THE LANDS OF S ERT I ES I
®® PH: 707 -542 -6465 Job No, 20099084
C A R L E N Z O L T FAX: 707 -542 -1645 By JAK Dote FEB 2010 Chkd.
ENGINEERS /SURVEYORS/ PLANNERS SHEET 1 OF 1
E
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Resolution No. 2010 -208 N.C.S. Page 17
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Resolution No. 2010 -208 N.C.S. Page 18
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (60299 -4)
Being an easement for construction purposes and incidents thereto, upon and across a
portion of the lands of Syers Properties I, L.P., a California Limited Partnership, as
described in that Quitclaim Deed from Gayle S. Syers, et al, filed September 9, 2002
under Document No. 2002 135205, 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 said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the westerly terminus of the course
recited as "N. 36 0 25'29" E., 884.07 feet" in the last said deed; thence, from said Point
of Commencement, North 55 0 24'34" West, for a distance of 243.755 meters to a point
on the common boundary of said lands of Syers Properties I, and the lands of The
Novak Property, LLC, as recorded in Document No. 2010 - 026833, Official Records of
the County of Sonoma; thence, along said common boundary, North 36 °46'56" East,
for a distance of 12.117 meters to the POINT OF BEGINNING of the parcel to be
herein described;
thence, from said Point of Beginning, leaving said common boundary, North 58 °22'44"
West, for a distance of 47.248 meters;
thence, South 36 °51'17" West, for a distance of 3.568 meters;
thence, North 55 °24'34" West, for a distance of 23.266 meters;
thence, North 64 0 04'07" West, for a distance of 3.985 meters;
thence, North 55 °24'34" West, for a distance of 87.127.meters;
thence, North 58 °10'07" West, for a distance of 114.170 meters to the northwesterly
boundary of said lands of Syers Properties I;
thence, along said northwesterly boundary, North 36 °51'17" East, for a distance of
3.060 meters;
thence, leaving said northwesterly boundary, South 58 0 10'07" East, for a distance of
160.544 meters;
thence, North 36 0 44'50" East, for a distance of 8.903 meters;
thence, South 53 °15'10" East, for a distance of 28.214 meters;
thence, North 36 0 44'50" East, for a distance of 45.010 meters;
K:IE ng091 0990840ocs \Legals12421— Syers_tce.do c
8112110
Resolution No. 2010 -208 N.C.S. Page 19
thence, South 53 °15'10"
East, for a distance of 15.644 meters;
thence, South 36 0 44'50"
West, for a distance of 10.656 meters;
thence, South 45 0 40'49"
East, for a distance of 21.063 meters;
thence, South 36 0 44'50"
West, for a distance of 6.372 meters;
thence, South 53 0 15'10"
East, for a distance of 28.470 meters;
thence, South 36 °46'56"
West, for a distance of 14.848 meters;
thence, South 51 0 28'17"
East, for a distance of 4.970 meters;
thence, South 63 0 06'07"
East, for a distance of 15.119 meters;
thence, South 51
East, for a distance of 2.035 meters;
thence, South 36 0 46'56"
West, for a distance of 15.972 meters to the Point of
Beginning.
EXCEPTING THEREFROM the following parcel of land:
Being a portion of the lands of Syers Properties I, L.P., a California Limited
Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed
September 9, 2002 under Document No. 2002 135205, 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 said
right of way is described in that Quitclaim Deed from J.L. Novak and Maria I. Novak to
the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page
381, Sonoma County Records; said point lying at the. westerly terminus of the course
recited as "N. 36 0 25'29" E., 884.07 feet "; thence, from said Point of Commencement,
North 55 0 24'34" West, for a distance of 243.755 meters to a point on the common
boundary of said lands of Syers Properties 1, and the lands of The Novak Property,
LLC, as recorded in Document No. 2010 - 026833, Official Records of the County of
Sonoma; thence, along said common boundary, North 36 °46'56" East, for a distance
of 25.040 meters to the POINT OF BEGINNING of the parcel to be herein described;
thence, from said Point of Beginning, leaving said common boundary, North 51 °28'17"
West, for a distance of 1.817 meters; thence, North 63 °06'07" West, for a distance of
83.950 meters;
thence, North 55 0 28'39" West, for a distance of 30.588 meters;
thence, North 36 °44'50" East, for a distance of 3.050 meters;
thence, South 55 °28'39" East, for a distance of 30.267 meters;
K AEng0910990840ocslLegals12421 _Syers_tce.doc
8/12110
Resolution No. 2010 -208 N.C.S. Page 20
thence, South 63 °06'07" East, for a distance of 84.057 meters;
thence, South 51 °28'17" East, for a distance of 2.035 meters;
thence, South 36 °46'56" West, for a distance of 3.049 meters to the Point of
Beginning.
Containing 3,660 square meters (0.366 hectares), more or less.
Basis of bearings: California Coordinate System NAD 83, Epoch 1991.35, Zone 3.
Divide the above distances by 0.999966886 to obtain ground distances.
L...
K :1Eng0910990841DocslLegals12421 _Syers_tce.doc
8112110
ated: !Z !o
Resolution No. 2010 -208 N.C.S. Page 21
N
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POINT OF
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FUTURE RIGHT OF WAY LANE
LANDS OF
SYERS PROPERTIES I, L.P.
DN 2002- 135205
/ - rnl
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J A R1�F - L iv 1.817m {
- 555 28'39 "E
30.267m
S53'15'10 "E
28.214m
LINE TABLE
(EXCEPTION PARCEL)
LINE
BEARING
I DISTANCE
L7
S 6 '1
3.568m
L2
524'34"W
23.266m
L3
'07 "W
3.985m
L4
36'44'50 "E
8.903m
L7
NOT TO SCALE
14.848m
L8
SS •28'1
4.970m
L9
S '06'07'
15.119m
L10
N55'28'3 9'W
30.588m
L11
N36"44'50'E
3.050m
L12
s36*46'56
3.049m
S53'15
�^ 15.644m
- S36'44'50 "W
10.656m
- 945'40 "E
21.063m
S36'44'50 "W
6.372m
SEE DETAIL "A'
"POINT OF BEGINNING I `551'28'17 "E
c
(EXCEPTION PARCEL)
�2.035m
E !:
L12
1 15.972m �I
I
3 POINT OF 3
BEGINNING
n�
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DETAIL 'A'
NOT TO SCALE
RCF'L A11/1 ip 5
POINT OF BEGINNING 0 J 1 J
(EXCEPTION PARCEL)
POINT OF LANDS OF NOVAK, ET AL
BEGINNING „u 2767 Q.R 460
DN 1991- 026172 0 40 100
DN 2009 - 076131
FA r SCALE 1: 2000 METERS
\ �Npl LAND S
(N36'25'29 'E 884.07' - PER 1233 O.R. 381)
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RALPH H. T Q , 4760
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CARL E N Z O
ENGINEERS /SURVEYORS! PLANNERS
325 TESCONI CIRCLE
SANTA ROSA, CA 95401
PH: 707 - 542 -6465
L I FAX: 707 -542 -1645
Subject TEMPORARY CONS-
OVER THE LANDS OF SYERS
Job No, 20099084
By JAK Date FEB 2010
SHEET 1
EASEMENT
PROPERTIES I
Chk d . RHT
OF 1
!421 EXHB- Syers -TCE. dwg
I OT A
N36'51'17 "E
3.060m
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Resolution No. 2010 -208 N.C.S. Page 22
�1J
4 H " NA
Resolution No. 20.10 -208 N.C.S.
Page 23
LD 2405 -07 -1434
2010154 (01 -09 -021) 6 10 1
Lakeville — Petaluma C
60kV Transmission Line
EXHIBIT "A"
(APN 007- 350 -008 por.)
The strips of land situate in. the city of Petaluma, county of Sonoma, state of California,
described as follows:
STRIP 1. A strip of land of the uniform width of 30 feet lying 15 feet on each
side of the line described as follows:
Commencing at the found 2 -inch Brass Disk shown upon said PARCEL,
MAP No. 6 as marking the northwesterly terminus of a course in the center line of
McDowell Boulevard, which course as shown upon said PARCEL MAP No. 6
has a bearing of N54 °31'30 "W and a length of 759.80 feet (N53 °14'00 "W for this
description), and rurwing
(a) south 46 °54'45" west 769.95 feet
to the TRUE POINT OF BEGINNING of this line; thence
(1) south 1'43'35" west 15.00 feet
to a point in the existing line of poles erected on said lands of first party under and
by virtue of the right of way and easement conveyed by Eliza Grover to Great
Western Power Company, predecessor in interest of .Pacific Gas and Electric
Company, dated June 25, 1912, and recorded in Book 294 of Deeds at page 421,
Sonoma County Records, herein for convenience called Point "A "; thence
continuing
(2) south 1 °43'35" west 169.14 feet
to a point herein for convenience called Point "B "; thence
(3) south 36 west 52.03 feet, more or less,
to a point in the general southwesterly boundary line of PARCEL No. 2 as shown
on PARCEL MAP No. 6; the side lines of said strip shall be lengthened or
shortened at the southwesterly termini thereof so as to terminate in said
southwesterly boundary line.
Resolution No. 2010 -208 N:C.S. Page 24
STRIP 2. A strip of land of the -uniform width of 10 feet extending easterly
from the easterly boundary line of the strip of land hereinbefore described and
designated STRIP 1, and lying 5.0 feet on each side of the line described as
follows:
BEGINNING at said Point "A "; thence
(1) south 70 °56'27" east 35.00 feet
to a point within said lands.
STRIP 3. A strip of land of the uniform width of 5 feet extending easterly
from the easterly and southeasterly boundary lines of said STRIP 1, and lying 2.5
feet on each side of the line described as follows:
BEGINNING at said Point "B"; thence
(1.) south 70 °58'31" east 48.00 feet
to a . point within said lands.
The foregoing descriptions are based on a survey made by second party in April, 2010.
Bearings are based on the California Coordinate System (CCS83 EPOCH date 1991.35), Zone 3,
and are based on Global Positioning System (GPS) Observations. All distances used herein are
grid distances. To obtain ground distances, multiply ground by 0.99996886.
STRIP 1, STRIP 2 and STRIP 3 contain 7,441 net square feet, more or less, and are
shown upon Pacific Gas and Electric Company's Drawing No. L-9125 attached hereto for
reference purposes only.
0
'<v' � '` ` �
� ' APPROVED AS TO DESCRIPTIO
{ I No. 6618
0 Z
r G�' �
{c EXPIRES !?�l' ?. �C}X Step n J. Hulick, PLS 6618
A Expires 12/31/2011
c
5
Resolution No. 2010 -208 N.C.S. Page 25
T. 05N R07W M. D. B. M.
SE 114 OF NE 114 &
NE 1/4 OF SE 114 SEC. 28
LINE
BEARING
DISTANCE
L1
S01 9 43'35 "W
15.00'
L2
S70 °56'27 "E
35.00'
L3
S01 °43'35 "W
169.14'
L4
S70 °58'31 "E
48.00'
L5
S36 0 19'23 "W
1 52.03'
EASEMENT
1386 O.R.
SEWER LINE Q ,
EASEMENT
1 1 28 O.R. 1 7:'
SEWER LINE I,
EXISTING)
POLE 4/5
I
O
ry0
O
`�O 1
EXISTING
POLE .,4/6/
V �
S
-10
LEGEND
i
FOUND 2" BRASS DISK
_ IN MONUMENT WELL
�
g. I Q
. 2i 6
1 ( 8 0 EXISTING
S
POLE 414 e F��o
LD 2405 -07 -0104 s.
294 D. 421
��-- EASEMENT
2164 O.R. 599
PAC BELL a
P O `
POINT " A "
PROPOSED POLE
#4/5
r ll �STRIP z
PA RCEL MA X10. d
I log MAPS 15
30' APN 007- 350 -008
SYERS PROPERTIES 1, L.P.,
=15' a Ca Limited Partnersh i p
SER. No. 2002135205 ,
PROPOSED EASEMENT
AREA =
7.441 + /- SO. FT.
CENTERLINE OF 30'FOOT WIDE STRIP 1.
TRANSMISSION AND DISTRIBUTION P
OVERHEAD ELECTRICAL EASEMENT.
O
4 orL
,\� h O
STRIP 3
POINT "B"
PROPOSED POLE
44/6
S .,
� 1 1 F 6093
X PROPOSED
POLE !y
c ) PER 109 MAPS 15
NORTH COAST
COUNTY
Basis of Bearings:
Bearings
are based on
California Coordinate
01 1
System (CCS83
EPOCH1991.35) ZONE 3
and are based
on Global Positioning
Sysytem (GPS)
Observations.
AUTHORIZATION
30471419/0050
L A K E V I L L E- P E T A L U M A C
BY J. RUDNICK
60 kV RELOCATION
DR K. FILOSO
F SYERS PROPERTIES I
CH E. ESPINOZA
CITY OF PETALUMA
O.K. S. HUL ICK
PACIFIC GAS AND ELECTRIC COMPANY
DATE 04 -06 -2010
San Francisco California
,,4 P
O� Al
1110 o ca �O
co
REFERENCE:
RIGHT OF WAY
APPRAISAL MAP
No. A- 10333.13
JCN
01-09-021
AREA
NORTH COAST
COUNTY
SONOMA
SCALE
1"=50'
SHEET NO.
1 OF 1
DRAWING NUMBER
CHAP
L -9125
1 1
Resolution No. 2010 -208 N.C.S. Page 26