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HomeMy WebLinkAboutOrdinance 2620 N.C.S. 07/17/20171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 EFFECTIVE DATE OF ORDINANCE August 17, 2017 Introduced by Teresa Barrett ORDINANCE NO. 2620 N.C.S. Seconded by Mike Healy ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING SETTLEMENT AGREEMENT AND EXCHANGE OF EASEMENTS BETWEEN THE CITY OF PETALUMA AND 619 TOWNHOMES LLC TO CLARIFY THE RESPECTIVE OWNERSHIP AND OTHER RIGHTS OF THE CITY AND 619 TOWNHOMES LLC REGARDING APARTMENTS AND RELATED IMPROVEMENTS LOCATED AT 619 F STREET IN PETALUMA ADJACENT TO AND OVERLYING CITY DRAINAGE IMPROVEMENTS REFERRED TO AS THE THOMPSON CREEK CULVERT WHEREAS, 619 Town Homes LLC ( "619 Townhomes ") is record owner in fee of property in the City of Petaluma located at 619 F Street, Petaluma, California, APN 008 - 203 - 034 -000, ( "619 Property "), which is currently developed with 48 residential apartment units and related improvements including parking and other improvements, which property is defined and depicted in Exhibit A to the Settlement Agreement ( "Agreement ") which is attached hereto and made a part of this ordinance by this reference; and WHEREAS, City currently owns in fee, a parcel of real property adjacent to the 619 Property, ( "City Property "), which City Property is defined and depicted in Exhibit B to the Agreement, under which City Property the City has constructed, owns, and maintains storm water improvements referred to as the Thompson Creek Culvert ( "Culvert "); and WHEREAS, portions of the Culvert and the City Property underlie improvements utilized for the benefit of the 619 Property for parking of motor vehicles and ingress and egress of pedestrian and vehicular traffic; which area is referred to herein and in the Agreement as the 619 Easement Area ( "619 Easement Area ") and which is defined and depicted in Exhibit C to the Agreement; and WHEREAS, 619 Townhomes and the City ( "the Parties ") intend by the City's conveyance of an easement to the 619 Easement Area on the City Property to 619 Townhomes, subject to the City's continued ownership and operation of the City Property and the Culvert, to clarify the Parties' respective rights and obligations concerning the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and, WHEREAS, portions of the Culvert lie outside of the City Property and underlie the 619 Property and improvements utilized for the benefit of the 619 Property for parking of motor vehicles and ingress and egress of pedestrian and vehicular traffic, which area is referred to herein and in the Agreement as the City Easement Area ( "City Easement Area ") and which is defined and depicted Exhibit D to the Agreement; and Ordinance No. 2620 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHEREAS, the Parties intend by the 619 Property Owner's conveyance of an easement on the 619 Property to the City to the City Easement Area to clarify the Parties' respective rights and obligations concerning the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and WHEREAS, the Parties have cooperated in determining their respective rights and obligations regarding the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, the Culvert and related improvements, and have cooperated in clarifying the City's record title to the City Property in relation to the 619 Property, the 619 Easement Area, the City Easement Area, and the Culvert; and WHEREAS, as part of the cooperation between the Parties, the 619 Property Owner has made available consultants of the 619 Property Owner to assist in determining the boundaries of the City Property, including the boundaries adjacent to the 619 Property and boundaries on the opposite side of and not adjacent to the 619 Property, to enable the City to clarify its rights to the City Property in relation to the Culvert, the 619 Property, and property and improvements of neighboring private property owners (who are not parties to the Agreement); and WHEREAS, as set forth in the Agreement, the Parties desire to resolve, fully and forever, any and all actual and potential grievances, disputes, controversies, claims, actions and lawsuits they might have against each other regarding the boundaries of the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and, in order to avoid the uncertainties of litigation and the expense and costs, time, effort, disruption and uncertainty incident thereto; and WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified actions for the acquisition, sale, or lease of real property be taken by Ordinance; and, WHEREAS, the City Council finds this action qualifies for exemption under the California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), sections 15061, 15301 involving operation, repair, and maintenance of existing public structures or facilities involving negligible or no expansion of use, including publicly owned utilities used to provide sewerage or other public utility services; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: The City Council approves the Agreement attached to and made a part of this ordinance by reference, together with all of its exhibits. Section 2: On behalf of the City, the City Manager is authorized and directed to execute documents substantially in accordance with the Agreement, together with all of its exhibits, as determined by the City Attorney, and all other documents reasonably necessary to accomplish the purposes of the Agreement as specified in this ordinance and the Agreement. Section 3: If any section, subsection, sentence, clause, phrase or work of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful other otherwise invalid. Ordinance No. 2620 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Section 4: This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5: The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED, and ordered posted /published, this 3rd day of July, 2017. ADOPTED this 17th day of July 2017, by the following vote: Ayes: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller Noes: None Abstain: None Absent: None David Glass, Mayor ATTEST: APPROVED AS TO FORM: &Wj'L1 "I, b{ Claire Cooper, City Clerk Ordinance No. 2620 N.C.S. Tennenbaunr Assistant City Attorney Page 3 Attachment to Ordinance 2620 N.C.S. SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereafter, "Agreement ") is made by and applies to all claims between the City of Petaluma, a California charter city ( "City ") and 619 Townhomes, LLC a Delaware Limited Liability Company, number 201312710117 ( "619 Property Owner ") regarding the boundaries of the 619 Property Owner's property and adjacent City property as further described in this Agreement. For purposes of this Agreement, "City" includes without limitation, the City Council, City Council members, the City Manager, other City officials, directors, departments, commissions, and their predecessors, successors, subsidiaries, related entities, past and present employees, independent contractors, managers, attorneys, agents and assigns. For purposes of this Agreement, "619 Property Owner" includes, without limitation, 619 Townhomes LLC, A Delaware Limited Liability Company and its successors and assigns. City and 619 Property Owner are referred to in this Agreement as "the Parties." RECITALS WHEREAS, 619 Property Owner is record owner in fee of property in the City of Petaluma located at 619 F Street, Petaluma, California, APN 008 - 203 - 034 -000, ( "619 Property "), which is currently developed with 48 residential apartment units and related improvements including parking and other improvements, which Property is defined and herein depicted in Exhibit A, which is attached hereto and made a part of this Agreement; and WHEREAS, City currently owns in fee, a parcel of real property adjacent to the 619 Property, ( "City Property "), which City Property is defined and herein depicted in Exhibit B, which is attached hereto and made a part of this Agreement, under which City Property the City has constructed, owns, and maintains storm water improvements referred to as the Thompson Creek Culvert ( "Culvert "); and Ordinance No. 2620 N.C.S. Page 4 WHEREAS, portions of the Culvert and the City Property underlie improvements utilized for the benefit of the 619 Property for parking of motor vehicles and ingress and egress of pedestrian and vehicular traffic; which area is herein referred to as the 619 Easement Area ( "619 Easement Area ") and which is defined and herein depicted in Exhibit C, which is attached hereto and made a part of this Agreement; and WHEREAS, the Parties intend by the City's conveyance of an easement to the 619 Easement Area on the City Property to the 619 Property Owner, subject to the City's continued ownership and operation of the City Property and the Culvert, to clarify the Parties' respective rights and obligations concerning the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and, WHEREAS, portions of the Culvert lie outside of the City Property and underlie the 619 Property and improvements utilized for the benefit of the 619 Property for parking of motor vehicles and ingress and egress of pedestrian and vehicular traffic, which area is herein referred to as the City Easement Area ( "City Easement Area ") and which is defined and herein depicted in Exhibit D, which is attached hereto and made a part of this Agreement; and WHEREAS, the Parties intend by the 619 Property Owner's conveyance of an easement on the 619 Property to the City to the City Easement Area (Exhibit D)to clarify the Parties' respective rights and obligations concerning the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and WHEREAS, the Parties have cooperated in determining their respective rights and obligations regarding the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, the Culvert and related improvements, and have cooperated in clarifying the Ordinance No. 2620 N.C.S. Page 5 City's record title to the City Property in relation to the 619 Property, the 619 Easement Area, the City Easement Area, and the Culvert; and WHEREAS, as part of the cooperation between the Parties, the 619 Property Owner has made available consultants of the 619 Property Owner to assist in determining the boundaries of the City Property, including the boundaries adjacent to the 619 Property and boundaries on the opposite side of and not adjacent to the 619 Property, to enable the City to clarify its rights to the City Property in relation to the Culvert, the 619 Property, and property and improvements of neighboring private property owners (who are not parties to this Agreement); and WHEREAS, as set forth herein, the Parties desire to resolve, fully and forever, any and all actual and potential grievances, disputes, controversies, claims, actions and lawsuits they might have against each other regarding the boundaries of the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and, in order to avoid the uncertainties of litigation and the expense and costs, time, effort, disruption and uncertainty incident thereto; NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: TERMS 1. In consideration of City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, 619 Property Owner has provided City for City's review and approval legal descriptions and diagrams describing the boundaries of the City Property in relation to the Culvert to assist with clarifying the 619 Property Owner's and the City's respective ownership interest in and /or affecting the Ordinance No. 2620 N.C.S. Page 6 City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and to facilitate the contemplated cooperation of the Parties pursuant to this Agreement. 2. More particularly, in consideration of the City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, 619 Property Owner has provided to City for the City's review and approval, legal descriptions and diagrams describing an easement or easements to be granted by the City to the 619 Easement Area (Exhibit C) on the City Property to the 619 Property Owner. A grant of the easement or easements containing legal descriptions and diagrams describing the 619 Easement Area is attached hereto and made a part of this Agreement as Exhibit E. 3. In further consideration of the City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, 619 Property Owner has provided to City for City's review and approval legal descriptions and diagrams describing the City Easement Area (Exhibit D). A grant of the easement or easements containing legal descriptions and diagrams describing the City Easement Area is attached hereto and made a part of this Agreement as Exhibit F. 4. In further consideration of City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, 619 Property Owner agrees to provide City the existing legal descriptions for four (4) neighboring private parcels adjacent to the City Property (on the opposite side of and not adjacent to the 619 Property), as shown on the Grant Deeds referenced in Sections a -d below, by July 10, 2017; a. the Vitali property (Grant Deed 2004 - 1263765) ( "Vitali "), b. the Bresciani Trust property (Grant Deed 2004 - 118338) ( "Bresciani Trust "), Ordinance No. 2620 N.C.S. Page 7 c. the Tufts Trust property (Grant Deed 2006 - 040598) ( "Tufts Trust "), d. the Silacci and Pittler property (Grant Deed 2015-111221) ( "Silacci). 5. In further consideration of City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, to enable the City to clarify its rights in and affecting the City Property and the Culvert, 619 Property Owner agrees to provide City a diagram to assist in clarifying the boundaries of the City Property and the Culvert in relation to the property and improvements of Vitali, Bresciani Trust, Tufts Trust, and Silacci. This Diagram is attached hereto and made part of this Agreement as Exhibit G. 6. In further consideration of City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13, 619 Property Owner agrees to provide the City with legal descriptions and diagrams describing easements to be granted; a. by the City to Vitali, b. by the City to Tufts Trust, c. and by the City to Silacci. These will be provided to City by 619 Property Owner by July 10, 2017. 7. In further consideration of City's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13, 619 Property Owner agrees to provide a legal description and diagram describing an easement to be granted by Bresciani Trust to the City. This will be provided to City by 619 Property Owner by July 10, 2017. Ordinance No, 2620 N.C.S. Page 8 8. Any and all dealings with Vitali, Bresciani Trust, Tufts Trust, and Silacci, are solely the City's responsibility. The documents being provided under Sections 4 -7 of this Agreement will possibly require revision based on City's future dealings with Vitali, Bresciani Trust, Tufts Trust, and Silacci. Revisions of any documents provided under Sections 4 -7 herein, will be the sole responsibility of City. The 619 Property Owner's obligation regarding Vitali, Bresciani Trust, Tufts Trust, and Silacci is limited solely to providing the documents described in Sections 4 -7 of this Agreement, which are either attached hereto and made part of this Agreement, or will be provided to City by July 10, 2017. 9. In consideration of 619 Property Owner's dismissal of all actions and disputes in accordance with provision 11 of this Agreement, and the releases in provisions 12 and 13 of this Agreement, City agrees, subject to City Council approval, to adopt an ordinance approving this Agreement, and a grant to the 619 Property Owner of the easement or easements attached hereto and made part of this Agreement as Exhibit E. 10. 619 Property Owner understands and agrees that in accordance with the City's Charter, approval of this Agreement granting the easement or easements to the 619 Property Owner specified in Exhibit E to this Agreement requires that the City adopt an ordinance. Such an adoption requires ordinance first and second readings at noticed meetings of the City Council, and such ordinance, this Agreement, and the easements) conveyed in accordance with this Agreement, will not become effective until a 30 -day referendum period has run following the second reading of the ordinance. The Parties agree that if City Council fails to approve the ordinance or in the event a referendum is successfully brought concerning the ordinance, this Agreement will not take effect. Ordinance No. 2620 N.C.S. Page 9 1 1. By execution of this Agreement, City and 619 Property owner dismiss and fully and forever resolve any and all actual and potential grievances, disputes, controversies, claims, actions and lawsuits ( "liability ") they each may have against the other concerning the boundaries of the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert. However, the Parties reserve the right to enforce this Agreement at law and equity in the Superior Court of Sonoma County and the prevailing party shall be entitled to an award of reasonable attorney's fees. 12. In consideration of the foregoing, the City and the 619 Property Owner, for themselves and their heirs, executors, assigns and successors, fully and forever release, discharge and covenant not to sue or otherwise institute in any way, actively participate in or voluntarily assist in the participation of any legal or administrative proceedings against each other with respect to any matter arising out of, connected with or related in any way to the boundaries of the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert. 13. The Parties understand and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present or future, arising from or attributable to the boundaries of the 619 Property, the City Property, the 619 Easement Area, the City Easement Area, and the Culvert. The Parties acknowledge that any and all rights granted to them under Section 1542 of the California Civil Code or any analogous state or federal law or regulation are hereby expressly waived. The Parties recognize and acknowledges that factors which have induced each of them to enter into this Agreement might turn out to be incorrect or different from what they had previously anticipated, and the Parties expressly assumes all of the risks of this waiver of California Civil Code Section 1542. Said Section 1542 of the California Civil Code, reads as follows: Ordinance No. 2620 N.C.S. Page 10 A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. 14. In further consideration of the foregoing, the Parties agree, acknowledge and recognize that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by the City or by 619 Property Owner, which liability or wrongdoing is expressly denied. 15. The Parties understand and agree that this Agreement shall be subject to disclosure on request in accordance with California Government Code section 6250 et seq. 16. Both Parties shall bear their own attorney's fees in conjunction with this Agreement. 17. The Parties agree to cooperate fully to achieve a binding settlement in this matter, including, without limitation, signing any documentation required by any Court or administrative agency, and to cooperate regarding recordation of this Agreement. 18. In the event that any term, condition or provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or against public policy, that term, condition or provision shall be deemed to be deleted, and the remaining terms, conditions and provisions shall continue in force and effect. 19. The validity, interpretation and performance of this Agreement shall be construed and interpreted according to the laws of the State of California. 20. The Parties represent and warrant that they have full power to make the releases and agreements contained herein. The Parties expressly represent and warrant that they have Ordinance No. 2620 N.C.S. Page 11 not assigned, encumbered or in any manner transferred all or any portion of the claims covered by the releases and agreements contained herein. The Parties acknowledge and agree that this warranty and representation is an essential and material term of the Agreement. 21. The Parties acknowledge that this Agreement constitutes the sole and entire agreement of the Parties in this matter and that any modifications to this Agreement may only be effected by a writing signed by authorized representatives of both Parties, and that this Agreement supersedes any prior written or oral agreement concerning the subject matter of its provisions. The Parties agree that there are no representations, agreements, arrangements or understandings, either written or oral, between or among the Parties relating to the subject matter of this Agreement which are not fully expressed herein. 22. Each Party has had the opportunity to participate in drafting the Agreement. Any terms, conditions or provisions of the Agreement shall not be construed against one Party and in favor of another by virtue of who actually drafted or circulated the Agreement. 23. The Parties agree to execute all documents and perform all acts necessary to effectuate the terms and purposes of this Agreement 24. The Parties may execute this Agreement in counterparts, and by facsimile, with the same force and effect as if executed in a single, complete document. 25. The Parties acknowledge that they have been represented by counsel in connection with this matter. The Parties and their representatives also acknowledge that they have read and understand the foregoing Agreement and that they affix their signatures hereto voluntarily Ordinance No. 2620 N.C.S. Page 12 and without coercion. The Parties further acknowledge that the waivers they have made are knowing, conscious and with full appreciation that they are forever foreclosed from pursuing any of the rights so waived. 619 Townhomes, LLC DATED: By: City of Petaluma DATED: By: John C. Brown, City Manager City of Petaluma APPROVED AS TO FORM: DATED: By: Eric W. Danly Petaluma City Attorney DATED: By: Pauline Deixler Attorney for 619 Townhomes LLC Ordinance No. 2620 N.C.S. Page 13 EXHIBIT "A" LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. PARCEL A (ACCESS) A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS, LYING EASTERLY OF THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED NORTH 25 °58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A %" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 125.60 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 26.52 FEET TO THE SOUTHEASTERLY EDGE OF A BRICK PEDESTAL AT THE BASE OF A 2.3 X 2.3 BRICK ENTRANCE PILLAR; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 02 °44'00" WEST, 55.44 FEET, SOUTH 05 °22'00" WEST, 88.27 FEET, SOUTH 06 °22'00" WEST, 61.07 FEET AND SOUTH 25 °04'00" WEST, 63.20 FEET TO THE EDGE OF AN EXISTING BRICK PLANTER; THENCE ALONG SAID EDGE, SOUTH 64 °13'47" EAST, 16.75 FEET AND SOUTH 25 °02'54" WEST, 4.64 FEET TO THE EDGE OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, SOUTH 64 °44'06" EAST, 12.23 FEET AND SOUTH 24 °40'46" WEST, 3.91 FEET TO THE EDGE OF A CONCRETE SIDEWALK; THENCE ALONG SAID EDGE, SOUTH 63 °37'04" EAST, 5.72 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE CITY OF PETALUMA TO C. NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA COUNTY RECORDS, BEING A LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK OF THOMPSON CREEK, KEYNOTED AS "D" ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID WESTERLY BANK OFFSET, SAID MEANDERS KEYNOTED AS "D1" ON SAID RECORD OF SURVEY, THE FOLLOWING 11 COURSES: NORTH 14 °58'00" EAST 9.55 FEET; THENCE NORTH 11 °17'00" EAST 14.30 FEET; THENCE NORTH 07 °43'00" EAST 23.64 FEET; THENCE NORTH 18 °10'00" EAST 16.42 FEET; THENCE NORTH 08 °03'00" EAST 65.35 FEET; THENCE NORTH 02 °54'00" WEST 30.03 FEET; THENCE NORTH 08 °57'00" EAST 12.00 FEET; THENCE NORTH 02 °46'00" WEST 15.00 FEET; THENCE NORTH 12 °52'00" WEST 7.30 FEET; THENCE NORTH 00 °58'00" WEST 13.00 FEET; THENCE NORTH 10 °47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119 -122, SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25 °58'00" EAST 24.39 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, NORTH 07 °46'42" EAST 13.84 FEET AND NORTH 18 °24'40" EAST 9.76 FEET TO THE POINT OF BEGINNING. CONTAINING 4856 SQUARE FEET, MORE OR LESS. STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D-131667—Mendoza Esmt to COR.doc Ordinance No. 2620 N.C.S. Page 14 PARCEL B (ACCESS) A PORTION OF PARCEL TWO OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A %" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 25 °58'00" WEST, 247.69 FEET TO THE POINT OFBEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 63 °26'30" WEST 1.30 FEET TO THE SOUTHWESTERLY EDGE OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, NORTH 63 °26'30" WEST 21.07 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED RECORDED IN BOOK 239 OF DEEDS AT PAGES 491 -492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON CREEK KEYNOTED AS "E" ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS; THENCE MEANDERING SAID EASTERLY BANK, SAID MEANDERS KEYNOTED AS "E1" ON SAID RECORD OF SURVEY, SOUTH 14 °48'00" WEST 18.23 FEET; THENCE LEAVING SAID WESTERLY LINE OF THAT CERTAIN "G STREET LOT ", SOUTH 63 °26'19" EAST 18.84 FEET TO SAID NORTHWESTERLY LINE OF G STREET; THENCE ALONG SAID LINE, NORTH 25 °58'00" EAST, 17.85 FEET TO THE POINT OF BEGINNING. CONTAINING 366 SQUARE FEET, MORE OR LESS. PARCEL C (ACCESS & PUBLIC STORM DRAIN) A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS, LYING EASTERLY OF THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED NORTH 25 °58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A''Y" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 120.00 FEET TO THE MOST NORTHERLY CORNER OF THE LANDS OF THE CITY OF PETALUMA, AS SHOWN ON SAID RECORD OF SURVEY, BEING MARKED BY A %2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 5.60 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, SOUTH 18 °24'40" EAST 9.76 FEET AND SOUTH 07 °46'42" EAST 13.84 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119 -122, SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25 °58'00" EAST 22.82 FEET TO THE POINT OF BEGINNING. CONTAINING 76 SQUARE FEET, MORE OR LESS. STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D-131667—Mendoza Esmt to COP -doc Ordinance No, 2620 N.C.S. Page 15 THE BASIS OF BEARINGS OF THESE DESCRIPTIONS IS SOUTH 59 °02'35" EAST BETWEEN A FOUND 2" BRASS DISC IN MONUMENT WELL, STAMPED "LS 4419 ", NEAR THE INTERSECTION OF THE CENTERLINES OF "F" STREET AND 6T" STREET, AND A FOUND 1/2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AT THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6T" STREET AND "G" STREET, CALCULATED PER THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS. STEVEN J. LAFRANCHI, PLS 6368 DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS~ LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D131667 Mendoza Esmt to COP -doc Ordinance No. 2620 N.C.S. Page 16 w m w 411 POC, EXHIBIT "A" Parcels A, B& C S 25'58'00" W EASEMENT AREAS 5.00 (Tie) SEE EXHIBIT "A" FOR LEGAL DESCRIPTION 6th Street — S 5902'35" E — 436_86 (Tie — — 6th Street P!' E -� -- N 64'02'00" W PARCEL C — — — — — f N 64'02'00" W 120.00 LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING D DEEDS DN DOCUMENT NUMBER (T) TOTAL SCR SONOMA COUNTY RECORDS O FOUND 2" BRASS DISC & PUNCH, \ STAMPED "LS 4419" PER 654 N MAPS 39 -40, SCR c • FOUND X" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", PER 782 MAPS 14 -16, SCR ® EASEMENT AREAS A & B (PARCELS A & B) LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 EASEMENT AREA C (PARCEL C) COURSE DATA BEARING LENGTH S64'13'47 "E 16.75 S25'02'54 "W 4.64 S64'44'06 "E 12.23 S24'40'46 "W 3.91 S63'37'04 "E 5.72 N14'58'00 "E 9.55 N 11' 17'00 "E 14.30 N07'43'00 "E 23.64 N18'10'00 "E 16.42 N08'03'00 "E 65.35 NO2'54'00 "W 30.03 N08'57'00 "E 12.00 NO2'46'00 "W 15.00 N12'52'00 "W 7.30 NOO'58'00 "W 13.00 N10'47'00 "E 24.00 N25'58'00 "E 24.39 N63'26'30 "W 22.37 S14'48'00 "W 18.23 S63'26'1 9 "E 18.84 N25'58'00 "E 17.85 N07'46'42 "E 13.84 N18'24'40 "E 9.76 N25'58'00 "E 22.82 I//TAL/ 2004 - 126375 - CITY OF PETAL UMA PORT /ON 175 D 119 782 MAPS 14 -16 N rn N. °o 619 TOWNHOMES, LLC / 2013 - 055963 PARCEL ONE l '0� N64'02'00 "W 5.60 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 (707) 762 -3122 FAX (707) 762 -3239 Ir N 0 p BRESC /AW TRUST DN 2004 - 118335 TUFTS TRUST D/V 2006- 040598 w rn Q) co N r�V 3 v'� o 'w o v 00 LO b N U) / POB,�� PARCEL B Ordinance No, 2620 N.C.S. Page 17 S /LACC/ & P /TTLER C /TY OF 2015 - 111221 PETAL UMA PORT /ON 75 D 119 619 782 MAPS TOWNHOMES LLC 2013 - 055`963 >4 -16 - PARCEL 77110 / POB,�� PARCEL B Ordinance No, 2620 N.C.S. Page 17 EXHIBIT "B" LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. ALL THAT PROPERTY CONVEYED TO THE CITY OF PETALUMA BY DEED RECORDED AUGUST 10, 1897 IN BOOK 175 OF DEEDS AT PAGE 119 SONOMA COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO C. NISSON BY DEED RECORDED NOVEMBER 27, 1900 IN BOOK 192 OF DEEDS PAGE 147 SONOMA COUNTY RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO J. S. THOMAS BY DEED RECORDED DECEMBER 23, 1907 IN BOOK 239 OF DEEDS PAGE 491 SONOMA COUNTY RECORDS, ALSO EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO B. H. QUISTGARD ET. AL. RECORDED NOVEMBER 25, 1964 IN BOOK 2091 PAGE 510 SONOMA COUNTY RECORDS. STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 -762 -3122 FAX 707 - 762 -3239 Exh B_131667_COP.doc Ordinance No. 2620 N.C.S. Page 18 EXHIBIT "B" CITY OF P TALUMA PROPERTY SEE EXHIBIT "A" FOR LEGAL DESCRIPTION 6th Street Northwesterly L, 175 Deeds 119 Westerly Line -' 299 Deeds 491 Easterly Line 192 Deeds 147 C17Y OF PETAZ 4YMA PORTION 175 DEE ®S 119 792 MPS 14 -16 619 TOWNHOW-5,, LLC DN 2013 - 055963 PARCEL ONE �— WWI DN 2004 - 126375 BRESC /AN/ TRUST DN 2004 - 118338 FERRO ON 1999 - 072250 TUFTS TRUST ON 2006- 040598 w V SILACCI & PITTLER DN 9_015- 111221 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PETALU MA, CALIFORNIA 94952 7d72JAp(p �62 -323 9 Ord6 0? 619 TOWNHOMES, LLC DN 2013- 055963 PARCEL TWO Page 19 Wester /y Line 239 Deeds 491 \16, Easter /y Line —Z 192 Deeds 147 Southwrester /v Line 2091 OR 510 FERRO ON 1999 - 072250 TUFTS TRUST ON 2006- 040598 w V SILACCI & PITTLER DN 9_015- 111221 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PETALU MA, CALIFORNIA 94952 7d72JAp(p �62 -323 9 Ord6 0? 619 TOWNHOMES, LLC DN 2013- 055963 PARCEL TWO Page 19 EXHIBIT "C" LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. A PORTION OF THE LANDS OF THE CITY OF PETALUMA AS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119 -122, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS, THENCE SOUTH 59 °02'35" EAST 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BYA'V" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 64 °02'00" WEST 109.08 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID LINE, SOUTH 08 °54'00" WEST 1.0 FEET MORE OR LESS TO A WOOD FENCE CORNER; THENCE ALONG THE CENTERLINE OF SAID FENCE SOUTH 08 054'00" WEST 102.05 FEET AND SOUTH 62 027'00" EAST 5.10 FEET MORE OR LESS TO THE WESTERLY LINE OF THAT CERTAIN "6TH STREET LOT" CONVEYED BY THE CITY OF PETALUMA TO J.S. THOMAS BY DEED RECORDED IN BOOK 239 OF DEEDS AT PAGES 491 -492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON CREEK AS SHOWN ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID EASTERLY BANK SOUTH 05 °42'00" WEST 5.75 FEET AND SOUTH 06 056'00" EAST 4.60 FEET TO THE CENTERLINE OF THE LAST - MENTIONED WOOD FENCE; THENCE ALONG SAID FENCE CENTERLINE SOUTH 08 °40'00" WEST 31.10 FEET TO THE NORTHWESTERLY LINE OF THE "WHITNEY LOT ", REFERRED TO IN THE DESCRIPTION OF SAID "6TH STREET LOT "; THENCE LEAVING SAID FENCE CENTERLINE AND ALONG SAID LINE, SOUTH 25 058'00" WEST 2.40 FEET TO THE MOST WESTERLY CORNER OF SAID "WHITNEY LOT ", ALSO BEING A POINT ON THE CENTERLINE OF THE LAST- MENTIONED WOOD FENCE; THENCE ALONG SAID FENCE CENTERLINE SOUTH 09 001'00" WEST 51.87 FEET TO THE BEGINNING OF A CYCLONE FENCE ATOP A CONCRETE RETAINING WALL; THENCE ALONG THE CENTERLINE OF SAID FENCE SOUTH 88 °85'00" WEST 0.26 FEET, SOUTH 09 °24'00" WEST 34.20 FEET, SOUTH 30 °00'00" WEST 7.85 FEET AND SOUTH 27 °38'00" WEST 7.95 FEET TO THE BEGINNING OF A WOOD FENCE; THENCE LEAVING SAID CYCCONE FENCE AND RETAINING WALL AND ALONG SAID WOOD FENCE, SOUTH 04 004'00" EAST 7.00 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE LEAVING SAID FENCE, SOUTH 04 °04'00" EAST 0.75 FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE PIONEER HATCHERY TO BLODWEN M. PEOPLES BY DEED RECORDED IN BOOK 1369 OF OFFICIAL RECORDS AT PAGE 580, SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE SOUTH 64 °02'00" EAST 9.40 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL AND THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED RECORDED IN BOOK 239 OF DEEDS AT PAGES 491 -492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON CREEK AS SHOWN ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID EASTERLY BANK SOUTH 14 048'00" WEST 26.70 FEET AND SOUTH 19 017'00" WEST 29.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE MUST HATCH INCUBATOR COMPANY TO THE PIONEER HATCHERY BY DEED RECORDED IN BOOK 212 OF OFFICIAL RECORDS AT PAGE 431, SONOMA COUNTY RECORDS, BEING MARKED BY A %" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID LINE NORTH 64 002'00" WEST 23.20 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE CITY OF PETALUMA TO C. NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA COUNTY RECORDS, BEING A LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK OF THOMPSON CREEK, SAID POINT BEING MARKED BY A''Y" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID WESTERLY BANK OFFSET, THE FOLLOWING 12 COURSES: NORTH 19 °11'07" EAST 25.57 FEET; THENCE NORTH 14 °58'00" EAST 21.70 FEET; THENCE NORTH 1I'lT00" EAST 14.30 FEET; THENCE NORTH 07 °43'00" EAST 23.64 FEET; THENCE NORTH 18 °10'00" EAST 16.42 FEET; THENCE NORTH 08 °03'00" EAST 65.35 FEET; THENCE NORTH 02 °54'00" WEST 30.03 FEET; STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh C-131667—COP Esmt to Mendoza -doc Ordinance No. 2620 N.C.S. Page 20 THENCE NORTH 08 °57'00" EAST 12.00 FEET; THENCE NORTH 02 °46'00" WEST 15.00 FEET; THENCE NORTH 12 °52'00" WEST 7.30 FEET; THENCE NORTH 00 °58'00" WEST 13.00 FEET; THENCE NORTH 10 °47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THE ABOVE - MENTIONED PARCEL CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA; THENCE ALONG SAID LINE NORTH 25 °58'00" EAST 47.21 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL, BEING A POINT ON THE SOUTHWESTERLY LINE OF SIXTH STREET, AND MARKED BY A' /2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 64 °02'00" EAST 10.92 FEET TO THE POINT OF BEGINNING. CONTAINING 6,044 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARINGS OF THIS DESCRIPTION IS SOUTH 59 °02'35" EAST BETWEEN A FOUND 2" BRASS DISC IN MONUMENT WELL, STAMPED "LS 4419 ", NEAR THE INTERSECTION OF THE CENTERLINES OF "F" STREET AND 6TH STREET, AND A FOUND'' /" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AT THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6TH STREET AND "G" STREET, CALCULATED PER THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS. STEVEN J LAFRANCHI, PLS 6368 FRE r10 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh C-131667—COP Esmt to Mendoza -doc Ordinance No. 2620 N.C.S. Page 21 POC EASEMENT S 25 °58'00" W SEE EXHIBIT A" FOR LEGAL DESCRIPTION U L 5.00 (Tie) h S t r e Pi 1 592_'35" E 436.86 1 6th Street POB, EASEMENT — (Tie) — m L31 - --- 1� N 64'02'00" W 109.08 M V i�31 to 619 TOWNHOUES, LLC DN 201,3 - 055963 PARCEL ONE B2ESC /AN/ TRUST LEGEND oN 2oo4- 11833,' POC POINT OF COMMENCEMENT L3/ L4 POB POINT OF BEGINNING / D DEEDS L5 DN DOCUMENT NUMBER / (T) TOTAL DTI / SCR SONOMA COUNTY RECORDS )� 19 FOUND 2" BRASS DISC &PUNCH, STAMPED "LS 4419" PER 654 m MAPS 39 -40, SCR rn • FOUND Yz" IRON PIPE & PLASTIC \ PLUG, STAMPED "LS 6368" PER / 782 MAPS 14 -16, SCR / Zj EASEMENT AREA w � � T,C L /NE TUFTS TRUST ON 2005- 040598 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 �7Pp0E7T�AgL�UM�A, CALIFORNIA z 94952 orgfT M ?e--NU L6ZU(IV:cS,J62-3239 r� vJ V Pgt�21 of 2 COURSE DATA LINE BEARING LENGTH L 1 - S08'54'00 "W 1.0 L2 S08'54'00 "W 102.05 L3 S62'27'00 "E 5.10 L4 S05'42'00 "W 5.75 L5 S06'56'00 "E 4.60 L6 S08'40'00 "W 31.10 L7 S25'58'00"W 2.40 L8 S09'01'00 "W 51.87 L23 N08'03'00 "E 65.35 L24 NO2'54'00 "W 30.03 L25 N08'57'00 "E 12.00 L26 NO2'46'00 "W 15.00 V1TALI L27 N 12'52'00 "W 7.30 DN 2004 - 126975 L28 N00'58'00 "W 13.00 L29 N10'47'00 "E 24.00 L30 N25'58'00 "E 47.21 L31 S64'02'00 "E 10.92 B2ESC /AN/ TRUST LEGEND oN 2oo4- 11833,' POC POINT OF COMMENCEMENT L3/ L4 POB POINT OF BEGINNING / D DEEDS L5 DN DOCUMENT NUMBER / (T) TOTAL DTI / SCR SONOMA COUNTY RECORDS )� 19 FOUND 2" BRASS DISC &PUNCH, STAMPED "LS 4419" PER 654 m MAPS 39 -40, SCR rn • FOUND Yz" IRON PIPE & PLASTIC \ PLUG, STAMPED "LS 6368" PER / 782 MAPS 14 -16, SCR / Zj EASEMENT AREA w � � T,C L /NE TUFTS TRUST ON 2005- 040598 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 �7Pp0E7T�AgL�UM�A, CALIFORNIA z 94952 orgfT M ?e--NU L6ZU(IV:cS,J62-3239 r� vJ V Pgt�21 of 2 EXHIBIT "C'l EASEMENT SEE EXHIBIT A FOR LEGAL DESCRIPTION Keillz Mcm-17�11 i -1 LINE BEARING LENGTH L8 S09'01'00 "W 51.87 L9 S88'55'00 "W 0.26 L 10 S09'24'00 "W 34.20 L 11 S30'00'00"W 7.85 L 12 S27'38'00 "W 7.95 L 13 SO4'04'00 "E 7.75 L 14 S64'O2'00 "E 9.40 L 15 S14'48'00"W 26.70 L16 S19'17'00 "W 29.00 L 17 N64'02'00 "W 23.20 L 18 N 19* 11'07 "E 25.57 L19 N14'58'00 "E 21.70 L20 N11'17'00 "E 14.30 L21 N07'43'00 "E 23.64 L22 N 18'1 0'00"E 16.42 L23 N08'03'00 "E 65.35 LEGEND 'TN. PORTION DEEDS )N DOCUMENT NUMBER (T) TOTAL 'R) RADIAL SCR SONOMA COUNTY RECORDS EASEMENT AREA • FOUND Y2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", PER 782 MAPS 14 -16, SCR 19 TOWNHOME5, LLC N 2013 -- 055963 PARCEL TWO STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PE1T7AggL??UgMggqA, CALIFORNIA 94952 OIt�1�7C1C1C8N�216ZUg?a) 62 -3239 I`Qftg i32 of 2 EXHIBIT "D" LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. PARCEL A (ACCESS) A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS, LYING EASTERLY OF THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED NORTH 25 °58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A' /2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 125.60 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 26.52 FEET TO THE SOUTHEASTERLY EDGE OF A BRICK PEDESTAL AT THE BASE OF A 2.3 X 2.3 BRICK ENTRANCE PILLAR; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 02 °44'00" WEST, 55.44 FEET, SOUTH 05 °22'00" WEST, 88.27 FEET, SOUTH 06 °22'00" WEST, 61.07 FEET AND SOUTH 25 °04'00" WEST, 63.20 FEET TO THE EDGE OF AN EXISTING BRICK PLANTER; THENCE ALONG SAID EDGE, SOUTH 64 °13'47" EAST, 16.75 FEET AND SOUTH 25 °02'54" WEST, 4.64 FEET TO THE EDGE OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, SOUTH 64 °44'06" EAST, 12.23 FEET AND SOUTH 24 °40'46" WEST, 3.91 FEET TO THE EDGE OF A CONCRETE SIDEWALK; THENCE ALONG SAID EDGE, SOUTH 63 °37'04" EAST, 5.72 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE CITY OF PETALUMA TO C. NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA COUNTY RECORDS, BEING A LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK OF THOMPSON CREEK, KEYNOTED AS "D" ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID WESTERLY BANK OFFSET, SAID MEANDERS KEYNOTED AS "D1" ON SAID RECORD OF SURVEY, THE FOLLOWING 11 COURSES: NORTH 14 °58'00" EAST 9.55 FEET; THENCE NORTH 1I'lT00" EAST 14.30 FEET; THENCE NORTH 07 °43'00" EAST 23.64 FEET; THENCE NORTH 18 °10'00" EAST 16.42 FEET; THENCE NORTH 08 °03'00" EAST 65.35 FEET; THENCE NORTH 02 °54'00" WEST 30.03 FEET; THENCE NORTH 08 °57'00" EAST 12.00 FEET; THENCE NORTH 02 °46'00" WEST 15.00 FEET; THENCE NORTH 12 °52'00" WEST 7.30 FEET; THENCE NORTH 00 °58'00" WEST 13.00 FEET; THENCE NORTH 10 °47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119 -122, SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25 °58'00" EAST 24.39 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, NORTH 07 °46'42" EAST 13.84 FEET AND NORTH 18 °24'40" EAST 9.76 FEET TO THE POINT OF BEGINNING. CONTAINING 4856 SQUARE FEET, MORE OR LESS. STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D-131667—Mendoza Esmt to COP -doc Ordinance No. 2620 N.C.S. Page 24 PARCEL B (ACCESS) A PORTION OF PARCEL TWO OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A' /2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 25 °58'00" WEST, 247.69 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 63 °26'30" WEST 1.30 FEET TO THE SOUTHWESTERLY EDGE OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, NORTH 63 °26'30" WEST 21.07 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED RECORDED IN BOOK 239 OF DEEDS AT PAGES 491 -492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON CREEK KEYNOTED AS "E" ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS; THENCE MEANDERING SAID EASTERLY BANK, SAID MEANDERS KEYNOTED AS "E1" ON SAID RECORD OF SURVEY, SOUTH 14 °48'00" WEST 18.23 FEET; THENCE LEAVING SAID WESTERLY LINE OF THAT CERTAIN "G STREET LOT ", SOUTH 63 °26'19" EAST 18.84 FEET TO SAID NORTHWESTERLY LINE OF G STREET; THENCE ALONG SAID LINE, NORTH 25 °58'00" EAST, 17.85 FEET TO THE POINT OF BEGINNING. CONTAINING 366 SQUARE FEET, MORE OR LESS. PARCEL C (ACCESS & PUBLIC STORM DRAIN) A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013 - 055963, SONOMA COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS, LYING EASTERLY OF THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED NORTH 25 °58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419 ", IN A MONUMENT WELL, SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59 °02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED BY A' /" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 120.00 FEET TO THE MOST NORTHERLY CORNER OF THE LANDS OF THE CITY OF PETALUMA, AS SHOWN ON SAID RECORD OF SURVEY, BEING MARKED BY A'' /" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 64 °02'00" WEST, 5.60 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, SOUTH 18 °24'40" EAST 9.76 FEET AND SOUTH 07 °46'42" EAST 13.84 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119 -122, SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25 °58'00" EAST 22.82 FEET TO THE POINT OFBEGINNING. CONTAINING 76 SQUARE FEET, MORE OR LESS. STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D_131667_Mendoza Esmt to COP -doc Ordinance No, 2620 N.C.S. Page 25 THE BASIS OF BEARINGS OF THESE DESCRIPTIONS IS SOUTH 59 °02'35" EAST BETWEEN A FOUND 2" BRASS DISC IN MONUMENT WELL, STAMPED "LS 4419 ", NEAR THE INTERSECTION OF THE CENTERLINES OF "F" STREET AND 6TH STREET, AND A FOUND 1/2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", AT THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6TH STREET AND "G" STREET, CALCULATED PER THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14 -16, SONOMA COUNTY RECORDS. STEVEN J. LAFRANCHI, PLS 6368 DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707 - 762 -3122 FAX 707 - 762 -3239 Exh D_131667_Mendoza Esmt to COP..doc Ordinance No. 2620 N.C.S. Page 26 w m m w �I POC, EXHIBIIT° "D" ParceS 25° 8' 0'C W EASEMENT AREAS 5.00 (Tie) SEE EXHIBIT "D" FOR LEGAL DESCRIPTION _ _ S_59'02'35" E 436_86 6th Street 6°t h StrO O t — POE, �'1e�____ N 64'02'00" W PARCEL C — — — VIM, N 64'02'00" W 120.00 LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING D DEEDS DN DOCUMENT NUMBER (T) TOTAL SCR SONOMA COUNTY RECORDS O FOUND 2" BRASS DISC & PUNCH, STAMPED "LS 4419" PER 654 N MAPS 39 -40, SCR o� • FOUND X" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368 ", PER 782 MAPS 14 -16, SCR ® EASEMENT AREAS A & B (PARCELS A & B) �\ EASEMENT AREA C (PARCEL C) o\ MY VITAL/ 2004 - 126375 -CITY OF PETAL UMA PORT /ON 175 D 119 782 MAPS 14 -16 619 TOWNHOMES, LLC 2019- 055963 PARCEL ONF N / rn NN 0 e o� 0 N v: 0 0 0 1-25 N64'02'00 "W 5.60 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 (707) 762 -3122 FAX (707) 762 -3239 RRE-SC /AN/ TRUST DN 2004-1189,38 TUFTS TRUST DN 2006- 040598 SILACC/ rn cfl N 0 'A 00 V LO b N Cn CITY OF & P /TILER 2015- 111221 PETAL UMA PORT /ON 619 75 D 119 TOWNHOMES LLC 782 MAPS 201.3 - 055'96.3 14 -16 PARCEL TWO POB, / PARCEL B Ordinance No. 2620 N.C.S. Page 27 COURSE DATA LINE BEARING LENGTH L 1 S&V 13'47 "E 16.75 L2 S25'02'54"W 4.64 L3 S64'44'06 "E 12.23 L4 S24'40'46W 3.91 L5 S63'37'04 "E 5.72 L6 N14'58'00 "E 9.55 L7 N 11' 17'00 "E 14.30 L8 N07'43'00 "E 23.64 L9 N18 *1O'00 "E 16.42 L 10 N08'03'00 "E 65.35 L 11 NO2'54'00 "W 30.03 L 12 N08'57'00 "E 12.00 L 13 NO2'46'00 "W 15.00 L14 N12'52'00 "W 7.30 L 15 N00'58'00 "W 13.00 L 16 N 10'47'00 "E 24.00 L 17 N25'58'00 "E 24.39 L 18 N63'26'30 "W 22.37 L19 S14'48'00 "W 18.23 L20 S63'26'1 9 "E 18.84 L21 N25'58'00 "E 17.85 1-22 N07'46'42 "E 13.84 L23 N 18'24'40 "E 9.76 L24 N25'58'00 "E 22.82 o\ MY VITAL/ 2004 - 126375 -CITY OF PETAL UMA PORT /ON 175 D 119 782 MAPS 14 -16 619 TOWNHOMES, LLC 2019- 055963 PARCEL ONF N / rn NN 0 e o� 0 N v: 0 0 0 1-25 N64'02'00 "W 5.60 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS LAND PLANNERS - LANDSCAPE ARCHITECTS PETALUMA THEATER SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 (707) 762 -3122 FAX (707) 762 -3239 RRE-SC /AN/ TRUST DN 2004-1189,38 TUFTS TRUST DN 2006- 040598 SILACC/ rn cfl N 0 'A 00 V LO b N Cn CITY OF & P /TILER 2015- 111221 PETAL UMA PORT /ON 619 75 D 119 TOWNHOMES LLC 782 MAPS 201.3 - 055'96.3 14 -16 PARCEL TWO POB, / PARCEL B Ordinance No. 2620 N.C.S. Page 27 Exhibit E Recording Requested By City of Petaluma No fee required, Govt. C §27373 I When Recorded Mail To: I City of Petaluma I City Clerk's Office 11 English Street I Petaluma, CA 94952 I and Pauline M. Deixler I Attorney at Law I Six C Street, Second Floor I Petaluma, CA 94952 I GRANT OF EASEMENT 1. Grant of Easement. The City of Petaluma, a California Charter City "Grantor" does hereby grant to 619 Townhomes LLC, a Delaware Limited Liability Company, herein referred to as "Grantee," a perpetual exclusive easement for the passage of pedestrian and vehicular traffic and for the parking of motor vehicles over and upon that certain real property described and depicted in Exhibit A, which is attached hereto and made a part of this Grant of Easement, and herein referred to as the "Easement Area. ". Grantor further grants to Grantee the right to maintain and repair all existing improvements upon or above the surface of the Easement Area (including but not limited to; pavement, curbs, parking bumpers, fence, landscaping, and a small concrete block building). Grantor further grants to Grantee the right to replace or rebuild, all existing improvements upon or above the surface of the Easement Area, with the exception of the small concrete block building. The existing small concrete block building shall not be altered, replaced or rebuilt without an encroachment permit from the Grantor, which shall not be unreasonably be withheld. In the event Grantor is required to remove the small concrete block building in order to maintain a City of Petaluma culvert, which underlies a portion of Easement Area, Grantor shall have the right to remove the small concrete block building, without any obligation to replace. The construction of additional improvements within the Easement Area requires Grantee obtain an encroachment permit from Grantor, which shall not be unreasonably withheld. 2. Easement Appurtenant. The Easement granted herein shall be for the benefit of and be appurtenant to the property of the Grantee as described in the Grant Deed recorded May 30, 2013, in Official Records under Sonoma County Recorder's Serial Number 2013055963 and shall run with the land and shall inure to the benefit of the heirs, successors and assigns of Grantee. Ordinance No. 2620 N.C.S. Page 28 3. Indemni . Grantee shall hold Grantor harmless from and indemnify and defend Grantor from any and all claims, expenses, liabilities, damages, losses and costs, and any action or proceeding in connection therewith that may result from Grantee's use of the Easement Area. 4. Termination of Covenant Liability. After a transfer or other termination of the Grantee's entire interest of the Easement Area to a successor in interest of Grantee, the Grantee shall not be responsible for any breach of this agreement by its successors or assigns, which successors and assigns shall have the obligation to comply with all terms of this Grant of Easement. 5. Amendment. This Agreement may be amended only by a written agreement executed by the Grantor and Grantee or their successors and assigns. 6. Recording. The parties agree that this Agreement shall be recorded in the official records of the County of Sonoma, State of California. 7. Further Acts. The parties agree to perform any and all additional acts and execute any and all additional documents or instruments which may be necessary to carry out the terms of this Grant. 8. Maintenance. Grantee shall be solely responsible for maintaining the surface of the Easement Area and the improvements located thereupon in good and sanitary conditions subject to Grantor approval. Grantor shall have no obligation to maintain the surface of the Easement Area nor any improvements located thereupon. Grantor is solely responsible for maintaining a City of Petaluma storm drain and culvert, which is adjacent to and underlying a portion of Easement Area. 9. Authority. Each person executing this document warrants that he or she is duly authorized to execute the Agreement on behalf of the entity identified in the signature block below. Dated: , 2017 The City of Petaluma By: John C. Brown, City Manager City of Petaluma Ordinance No. 2620 N.C.S. Page 29 City of Petaluma No fee required, Govt. C §27373 When Recorded Mail To: City of Petaluma City Clerk's Office 11 English Street Petaluma, CA 94952 Pauline M. Deixler Attorney at Law Six C Street, Second Floor Petaluma, CA 94952 GRANT OF EASEMENT 1. Grant of Easement. Exhibit F 619 Townhomes LLC, a Delaware Limited Liability Company, herein "Grantor" does hereby grant to the City of Petaluma, a California Charter City, herein "Grantee," a perpetual non - exclusive access easement for the passage of pedestrian and vehicular traffic over and upon that certain real property described and depicted in Exhibit A, Parcels A, B, and C, (attached hereto and made a part of this Grant of Easement) herein referred to as the "Easement Area." Grantor further grants Grantee a perpetual non - exclusive access and public storm drain easement to construct, reconstruct, maintain, and repair an existing public storm drain and culvert over and upon that certain real property described and depicted in Exhibit A, Parcel C only, (attached hereto and made a part of this Grant of Easement). 2. Easement Appurtenant. The Easement granted herein shall be for the benefit of and be appurtenant to the property of Grantee and shall run with the land and shall inure to the benefit of the heirs, successors and assigns of Grantee. 3. Indemnity. Grantee shall hold Grantor harmless from and indemnify and defend Grantor from any and all claims, expenses, liabilities, damages, losses and costs, and any action or proceeding in connection therewith that may result from Grantee's use of the Easement Area. 4. Termination of Covenant Liability. After a transfer or other termination of the Grantee's entire interest of the Easement Area to a successor in interest of Grantee, the Grantee shall not be responsible for any breach of this agreement by its successors or assigns, which successors and assigns shall have the obligation to comply with all terms of this Grant of Easement. Ordinance No, 2620 N.C.S. Page 30 5. Amendment. This Agreement may be amended only by a written agreement executed by the Grantor and Grantee or their successors and assigns. 6. Recording. The parties agree that this Agreement shall be recorded in the official records of the County of Sonoma, State of California. 7. Further Acts. The parties agree to perform any and all additional acts and execute any and all additional documents or instruments which may be necessary to carry out the terms of this Grant. 8. Maintenance. Grantor shall be solely responsible for maintaining the surface of the Easement Area and the improvements located thereupon in good and sanitary conditions. Grantee shall have no obligation to maintain the surface of the Easement Area nor any improvements located thereupon. Grantee is solely responsible for maintaining a City of Petaluma storm drain and culvert, which are adjacent to and within the Easement Area. 9. Authoritv. Each person executing this document warrants that he or she is duly authorized to execute the Agreement on behalf of the entity identified in the signature block below. Dated: 2017 619 Townhomes, LLC, a Delaware limited liability company, By: Latin Quarters, LLC, a Delaware limited liability company, Its Sole Member/Manager By: Kadami Enterprises, LP a California limited partnership, Its Sole Member /Manager By: WCGM Properties, LLC, a California limited liability company, Its General Partner in Genaro Mendoza, Manager Ordinance No. 2620 N.C.S. Page 31 o LEGEND & KEY NOTES WOOD FENCE e CYCLONE FENCE BUILDING LINE CONCRETE WALL I I; BUILDING EAVES ® WOOD POST �a WHEELSTOP DROP INLET QA LANDS OVER WHICH AN EASEMENT IS TO BE GRANTED FROM CITY OF PETALUMA 51LA6171 & F1ITLER DN 2015 - 111221 TO 619 TOWNHOMES, LLC. V I AREA OF EASEMENT FROM CITY OF PETALUMA TO 619 TOWNHOMES, LLC PARCEL 1 AREA OF ACCESS EASEMENT FROM 619 TOWNHOMES, LLC, TO CITY OF PETALUMA (PARCELS A &B) 11777777 AREA OF ACCESS & STORM DRAM EASEMENT FROM 619 TOWNHOMES, LLC, TO CITY OF PETALUMA (PARCEL C) O EXTENTS OF THE LANDS OWNED BY THE CITY OF PETALUMA LANDS OF THE CRY OF PETALUMA — — — — EDGE OF THOMPSON CREEK CONCRETE CULVERT BOUNDARY OF LANDS OF 619 TOWNHOMES, LLC, PARCELS ONE & TWO, PER DN 2013 - 055963, SONOMA COUNTY RECORDS DRIPLINES, SHRUBS h 5 0 V4 ry �yo ti 2p �o 619 70jwlHo.1!ES, LLC ON 2013- 055965 PARCEL Tlfr? `c 4 X44 m Orrie+voy Enhance BOUNDARY NOTE THE BOUNDARY LINES OF THE LANDS OF THE CITY OF PETALUMA SHOWN HEREON ARE PER A RECORD OF SURVEY BY STEVEN J. LAFRANCHI & ASSOCIATES, INC., FILED IN BOOK 782 OF MAPS AT PACES 14 -16, SONOMA COUNTY RECORDS. Er %sting Budding n/ Concrete Curb 619 70IAITNES L1C ON 2013 - 05563 PARCEL OAT I i I I r i y rJ I I I T[ /r TRUST i 'g, '1 20000 6 -0 -00598 I Ordinance No. 2620 N.C.S. Brick F /Doter Brit, n Pmr,ler �� 4J G Street £ristinq Budd'ng COncrafe I [anoa9 *A P/cnter II � I I I I I i I i I i I I BRESCIAVI 7RU37 BN 2004 -J I3JJ8 L —__J _J Cancrale Landng I F_ VICINITY MAP NTS l4rALI ON 2004 - 126375 \\ !r� EXHIBIT "G" COMPOSITE EASEMENTS EXHIBIT BETWEEN CITY OF PETALUMA & 619 TOWNHOMES, LLC STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 707.762-3122 FAX707462-3239 PLOT DATE: 2017 .02.17 - -- - - -- - - MENDOZA -619 F ST. /DWC/ExhlbR9 /City-Eusemenl Exhibit Paae 32 I I � I I; I N I ; 51LA6171 & F1ITLER DN 2015 - 111221 V I PARCEL 1 619 70IAITNES L1C ON 2013 - 05563 PARCEL OAT I i I I r i y rJ I I I T[ /r TRUST i 'g, '1 20000 6 -0 -00598 I Ordinance No. 2620 N.C.S. Brick F /Doter Brit, n Pmr,ler �� 4J G Street £ristinq Budd'ng COncrafe I [anoa9 *A P/cnter II � I I I I I i I i I i I I BRESCIAVI 7RU37 BN 2004 -J I3JJ8 L —__J _J Cancrale Landng I F_ VICINITY MAP NTS l4rALI ON 2004 - 126375 \\ !r� EXHIBIT "G" COMPOSITE EASEMENTS EXHIBIT BETWEEN CITY OF PETALUMA & 619 TOWNHOMES, LLC STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS- LANDSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 707.762-3122 FAX707462-3239 PLOT DATE: 2017 .02.17 - -- - - -- - - MENDOZA -619 F ST. /DWC/ExhlbR9 /City-Eusemenl Exhibit Paae 32