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HomeMy WebLinkAboutStaff Report 6.D 07/03/2017I85$ DATE: July 3, 2017 TO: FROM: Honorable Mayor and Members of the City Council through City Manager Eric W. Danly, City Attorney SUBJECT: Consideration and Introduction (First Reading) of Ordinance 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 RECOMMENDATION It is recommended that the City Council consider and introduce an ordinance approving a 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 (Attachment 1). BACKGROUND The owners of 619 Townhomes LLC, a 48 unit apartment development located at 619 F Street in Petaluma, have for some time (more than a year), been working to refinance the apartment 'development. In the course of due diligence work on the refinance, -it was discovered that there are title issues regarding the 619 Townhomes property that need to be resolved to clarify the title to the property for purposes of the refinance. Following extensive survey and research work by Steve Lafranchi and Associates on behalf of the 619 Townhomes owner, it was determined that a portion of the parking improvements and some accessory buildings on the 619 Townhomes property encroach upon and overlie the City fee property adjacent to the 619 Townhomes property. The City fee property contains culvert improvements known as the Thompson Creek Culvert. The Lafranchi and Associates survey work also determined that a portion of the City's Thompson Creek Culvert improvements extend outside the City's fee property beneath the 619 Townhomes Property. The Lafranchi and Associates survey also determined regarding properties neighboring the City fee property on the west side, the side opposite the 619 Townhomes property, that the fenced yards of some of the properties adjacent to the Thompson Creek Culvert extend onto the City fee property. The affected properties on the west side of the Thompson Creek Culvert are owned by Vitali (APN ), Bresciani Trust (APN ), Tufts Trust, (APN ), and Silacci and Pittler (APN ). The Lafranchi surveys also indicate that the Thompson Creek Culvert may extend beneath one of the properties t&the west of the City's fee property. After extensive discussion and analysis by the 619 Townhomes refinance team and City staff, it. was proposed that the 619 Townhomes team and City staff would work together to address the various title issue related to the 619 Townhomes and Thompson Creek Culvert properties. The proposed resolution involved an agreement between the City and 619 Townhomes LLC under which the City would grant an easement to 619 Townhomes LLC to permit the encroachment onto the City culvert property, and the 619 Townhomes LLC would grant an easement to the City to permit the encroachment of the Thompson Creek Culvert beneath the 619 Townhomes property. In addition, as part of the consideration under the agreement, 619 Townhomes LLC would'.agree to make available at no cost to*the City the Lafranchi and Associates legal descriptions and graphics needed to convey the easements, as well as legal descriptions and graphics regarding the properties to the west of Thompson Creek to assist the City in addressing any remaining title issues with the adjacent private property owners at a later time. Under the proposed agreement, fashioned as a settlement agreement between the City and 619 Townhomes LLC, the parties would fully release each other from liability regarding the boundaries of the 619 Townhomes Property and the Thompson Creek Culvert property. The agreement was conceived such that the parties would exchange no cash or other consideration regarding the easement exchange and the other cooperation specified in the agreement, and each party would bear its own legal and staff costs in developing the agreement. DISCUSSION Attached to this staff report as Attachment 1 and listed exhibits is an ordinance that has been prepared to permit the City Council to approve the proposed arrangement whereby the City would cooperate with the owners of 619 Townhomes LLC to clarify the title to the apartment development property located at 619 F Street, and at the same time clarify the title to the City's Thompson Creek Culvert property vis a vis both the 619 Townhomes property and adjacent private property to the west. An ordinance has been prepared for this transaction -in accordance with the requirements of Section 46 of the Petaluma Charter, which requires that Council action on certain specified transactions, including specified real property transactions, be by ordinance. The City Engineer has worked closely with the City Attorney's Office and Steve Lafranchi and Associates to verify that the proposed resolution regarding title of the 619 Townhomes property and the Thompson Creek Culvert property is adequate for purposes of the City's long-term ownership and maintenance of the Thompson Creek Culvert. Although the City would not typically. permit new construction overlying existing City utilities, such as the Thompson. Creek Culvert, staff believe that the proposed resolution adequately addresses the City's interests . regarding the existing drainage facilities access to the facilities and their maintenance, while at the same time addressing title issues and the refinancing objectives related to the 619 Townhomes property in a mutually satisfactory fashion. Throughout the extended discussions and analysis carried out in conjunction with the 619 Townhomes refinancing team, City staff has appreciated the cooperative way the refinancing team has worked with staff to reach a successful resolution. 2 0 FINANCIAL IMPACT The City's costs directly related to the proposed agreement, and the related agenda materials that have been prepared, are limited to the cost of staff time used to prepare them. There will also be some follow up staff costs to implement and record the various related documents, if the Council approves them. Other City cost considerations include the protection the City obtains from a no - cost easement authorizing encroachment of the Thompson Creek Culvert onto the 619 Townhomes property, as well as the additional diagrams and legal descriptions provided by Lafranchi and Associates to the City at no cost to assist the City in resolving title issues related to private property on the west side of Thompson Creek. The consideration provided by the City and benefitting 619 Townhomes under the proposed agreement consists of the grant of the 619 Townhomes easement and. the staff time used and the City's cooperation in clarifying the 619 Townhome property title as a prerequisite for refinancing. ATTACHMENTS Attachment 1: Draft Ordinance Approving Settlement Agreement and Exchange of Easements between the City of Petaluma and 619 Townhomes LLC Attachment 2: Settlement Agreement between the City of Petaluma and 619 Townhomes .LLC with: • Exhibit A (legal description and diagram of the 619 Townhomes property) • Exhibit B (legal description and diagram of the City's Thompson Creek Culvert property), • Exhibit C (legal description and diagram of the 619 Townhomes Easement Area on the City's Thompson Creek Culvert property to be burdened with an easement for 619 Townhomes LLC) • Exhibit D (legal description and diagram of City Easement Area on the 619 Townhomes property to be burdened with an easement for the City) • Exhibit E (grant of easement and legal description and diagram for the 619 Townhomes Easement Area) • Exhibit F (grant of easement and legal description and diagram for the City Easement Area) • Exhibit G (diagram clarifying the boundaries of the Thompson Creek Culvert property in relation to the private property to the west) - EFFECTIVE DATE ORDINANCE NO. N.C.S. OF ORDINANCE Introduced by Seconded by 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 4 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 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 Cityto 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 fmds 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. 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 this 3rd day of July, 2017: ADOPTED this _ day of July, 2017 by the following vote: Ayes: Noes: Abstain: Absent: David Glass, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney 6 Auadfllefll 2 SETTLEMENT AGREEMENT AND GENERAL RELEASE E 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 11 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 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 2 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 3 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 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; 0 E SETTLEMENT AGREEMENT AND GENERAL RELEASE 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. 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 5 �/z SETTLEMENT AGREEMENT AND GENERAL RELEASE 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"), C 0 SETTLEMENT AGREEMENT AND GENERAL RELEASE b. the Bresciani Trust property (Grant Deed 2004-118338) ("Bresciani Trust"), c. the Tufts Trust property (Grant Deed 2006-040598) (`Tufts Trust"), d. the Silacci and Pittler property (Grant Deed 2015-111221) ("Silacci). S. 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 �1 ofIhis 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 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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. 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 I SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 easement(s) 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. 11. 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 I 0 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 relea-se,-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 natuE6--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 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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: 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.m 11 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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 not assigned, encumbered or in any manner transferred all or any 12 N SETTLEMENT AGREEMENT AND GENERAL RELEASE 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. 13 5 SETTLEMENT AGREEMENT AND GENERAL RELEASE 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.ip 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 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, 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 14 SETTLEMENT AGREEMENT AND GENERAL RELEASE DATED: DATED: APPROVED AS TO FORM: FVAm DATED: By: WCGM Properties, LLC, a California limited liability company, Its General Partner 52 Genaro Mendoza, Manager City of Petaluma John C. Brown, City Manager City of Petaluma By: Eric W. Danly Petaluma City Attorney 15 11-A Pauline Delxler Attorney for 619 Townhomes LLC I W&IIA" !- M- EXHIBIT "A" LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. PARCEL ONE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SIXTH STREET FROM WHICH THE NORTHWESTERLY CORNER OF SAID LOT 14 (SAID CORNER BEING THE INTERSECTION OF THE SOUTHERLY LINE OF SIXTH STREET WITH THE EASTERLY LINE OF F STREET) BEARS NORTH 64°02' WEST, 221.00 FEET DISTANT; THENCE FROM SAID POINT OF BEGINNING, ALONG THE EASTERLY LINE OF THAT CERTAIN REAL PROPERTY DESCRIBED IN THE INSTRUMENT RECORDED MAY 7, 1959 IN BOOK 1667 OF OFFICIAL RECORDS, PAGE 60, SONOMA COUNTY RECORDS, SOUTH 25° 58' WEST, 137.00 FEET TO THE SOUTHEAST CORNER OF SAID REAL PROPERTY; THENCE ALONG THE BOUNDARY OF SAID REAL PROPERTY, NORTH 64° 02' WEST, 35.00 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 25° 58' WEST, 13.00 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE SAID BOUNDARY TO THE WESTERLY PROLONGATION THEREOF, BEING A LINE PARALLEL TO THE SOUTHERLY LINE OF SIXTH STREET, NORTH 64° 02' WEST, 186.00 FEET TO A POINT IN THE EASTERLY LINE OF F STREET FROM WHICH THE SAID NORTHWESTERLY CORNER OF LOT 14 BEARS NORTH 250 58' EAST, 150.00 FEET DISTANT; THENCE FROM SAID POINT ALONG THE EASTERLY LINE OF F STREET; SOUTH 25° 58' WEST, 149.00 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SIXTH STREET, SOUTH 64° 02' EAST, 100.00 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL CONVEYED BY MUST HATCH INCUBATOR COMPANY TO THE PIONEER HATCHERY BY DEED RECORDED DECEMBER 4, 1928 IN BOOK 212 OF OFFICIAL RECORDS, PAGE 31, SONOMA COUNTY RECORDS; THENCE SOUTH 250 58' WEST, 1.00 FOOT TO THE SOUTHWESTERLY CORNER OF THE SAID PARCEL CONVEYED TO PIONEER HATCHERY, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL, SOUTH 64° 02' EAST, 278.12 FEET TO A POINT DISTANT 10 FEET WESTERLY AT RIGHT ANGLES FROM THE CENTER OF THE THOMPSON CREEK CULVERT; THENCE PARALLEL WITH AND 10 FEET WESTERLY FROM THE CENTER OF SAID CULVERT THE FOLLOWING 6 COURSES AND DISTANCES: (1) NORTH 210 20' EAST, 16.25 FEET; (2) NORTH 14° 34' 10" EAST, 47.28 FEET; (3) NORTH 06° 59' 50" EAST, 59.34 FEET; (4) NORTH 05° 36'50" EAST, 155.55 FEET; (5) NORTH 08° 19' 20" EAST, 23.99 FEET; (6) NORTH 15°22' 30" EAST, 12.85 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF SIXTH STREET; THENCE ALONG SAID SOUTHERLY LINE OF SIXTH STREET, NORTH 64° 02' WEST, 63.45 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO RICHARD J. MCCULLOUGH, ET. UX, RECORDED JUNE 12, 1990 AS DOCUMENT NUMBER 90-059145, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION AS CONTAINED IN THE DEED TO HERBERT BUNDESEN, ET. UX, RECORDED MARCH 13, 1991 DOCUMENT NO. 91-21777, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION AS CONTAINED WITHIN THE PARCEL DESCRIBED BELOW, AND SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS: 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 PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707-762-3122 FAX 707-762-3239 Exh A_131667_619 Townhomes.doc PARCEL TWO: BEGINNING AT A POINT ON THE WESTERLY LINE OF G STREET FROM WHICH THE INTERSECTION OF THE SAID WESTERLY LINE OF G STREET WITH THE SOUTHERLY LINE OF SIXTH STREET BEARS NORTH 25° 58' EAST, 245.00 FEET DISTANT FROM SAID POINT OF BEGINNING BEING THE SOUTHEASTERLY CORNER OF THE CERTAIN PARCEL CONVEYED BY THE PIONEER HATCHERY TO BLODWEN M. PEOPLES BY DEED RECORDED AUGUST 17, 1955 IN BOOK 1369 OF OFFICIAL RECORDS, PAGE 580, SONOMA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE WESTERLY LINE OF G STREET SOUTH 25° 58' WEST, 55.00 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SIXTH STREET NORTH 64° 02' WEST, 13.02 FEET TO A POINT DISTANT 10 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER OF THE THOMPSON CREEK CULVERT; THENCE PARALLEL TO THE CENTER OF SAID CULVERT NORTH 21° 20' EAST, 17.87 FEET AND NORTH 16° 00' 20" EAST, 37.75 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SAID PARCEL GRANTED TO BLODWEN M. PEOPLES; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 64° 02' EAST, 21.00 FEET TO THE POINT OF BEGINNING. APN: 008-203-034 STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707-762-3122 FAX 707-762-3239 Exh A131667619 Townhomes.doc EXHIBIT "A" 619 TOWNHOMES, LLC PROPERTY SEE EXHIBIT "A" FOR LEGAL DESCRIPTION LEGEND DN DOCUMENT NUMBER Street CREASY TRUST —1 I DENMAN & DN 2001-089039 J D10K/NSON ON 1998-062567 EMERY DN 1989-122330 CAMPOD£LLO DN 2017-058615 619 TOWNHOWS, LLC DN 2013-055963 PARCEL ONE CARROLL DN 2015-068673 Northwesterly Line 175 Deeds 119 Easterly Line -, FERRO 192 Deeds 147 ON 1999-072250 017Y OF PETALUMA PORTION 175 DEEDS 119 782 MAPS 14-16 Southwesterly Line I Wester/y Line 2091 OR 510 239 Deeds 491 Wester/y Line -1 \-619 TOWNHOMES, LLC /+ Street 239 Deeds 491 DN 2013-055963 V PARCEL 7W0 �� 60 N�� STEVEN J. LAFRANCHI & ASSOCIATES, INC. SCp�% 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 i 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 EXHIBIT "B" CITY OF PETALUMA PROPERTY SEE EXHIBIT "A" FOR LEGAL DESCRIPTION 6th street Northwesterly L, 175 Deeds 119 Westerly Line — 239 Deeds 491 Eoster/y Line 192 Deeds 147 CITY OF PETALUMA PORT/ON 175 DEEDS 119 782 MAPS 14--16 619 TOWNHOMES, LLC DN 2013-055963 PARCEL ONE �- VITAL1 DN 2004-126375 'BRESC/AN/ TRUST ON 2004-118338 FERRO DN 1999-072250 TUFTS TRUST ON 2006-040598 S/LA001 & PITTLER DN 2015-111221 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 619 TOWNHOMES, LLC DN 2013-055963 PARCEL 7WO Westerly Line 239 Deeds 491 Easterly Line -Z 192 Deeds 147 2 �y Southwesterly Line �• 2091 OR 510 FERRO DN 1999-072250 TUFTS TRUST ON 2006-040598 S/LA001 & PITTLER DN 2015-111221 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 619 TOWNHOMES, LLC DN 2013-055963 PARCEL 7WO I *A 11 11 1111- 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 STREETAND 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 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 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°54'00" WEST 102.05 FEET AND SOUTH 62°27'00" 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°56'00" 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°58'00" 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°01'00" WEST 51.87 FEET TO THE BEGINNING OF A CYCLONE FENCE ATOP A CONCRETE RETAINING WALL; THENCE ALONG THE CENTERLINE OF SAID FENCE SOUTH 88085'00" WEST 0.26 FEET, SOUTH 09°24'00" WEST 34.20 FEET, SOUTH 3000'00" WEST 7.85 FEET AND SOUTH 27°38'00" WEST 7.95 FEET TO THE BEGINNING OF A WOOD FENCE; THENCE LEAVING SAID CYLCONE FENCE ANDi RETAINING WALL AND ALONG SAID WOOD FENCE, SOUTH 04°04'00" 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°48'00" WEST 26.70 FEET AND.SOUTH 19°17'00" 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 W IRON PIPE & PLASTIC PLUG, STAMPED "LS6368", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID LINE NORTH 64°02'00" 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 %" 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 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; 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 THENCE NORTH 08°57'00" EAST 12.00 FEET; THENCE NORTH 02°46'00" WEST 15.00 FEET; THENCE NORTH 12052'00" 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 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 C-1.31667—COP Esmt to Mendoza-doc EXHIBIT "C" POC EASEMENT S 25'58'00" W SEE EXHIBIT "A" FOR LEGAL DESCRIPTION 5.00 (Tie) — 6th S t r e e t •� _ _ w � _ _ • `-- — —. — S 59_02_'35" E 436.86 16th Street POB, EASEMENT (Tie) _ LTA N 64'02'00" W 109.08 M V 619 TOWIVHOUES, LLC DAI 2013-055963 PARCEL ONE 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 R Pagre 1 of 2 COURSE DATA BRESC7Ali// TRUST LINE BEARING LENGTH J Ll S08'54'00"W 1.0 L4 POB L2 S08'54'00"W 102.05 DEEDS L3 S6227'00"E 5.10 tT L4 S05'42'00"W 5.75 SCR L5 S06'56'00"E 4.60 FOUND 2" BRASS DISC & PUNCH, L6 S08'40'00"W 31.10 L7 S25'58'00"W 2.40 L8 S09'01'00"W 51.87 FOUND Xz" IRON PIPE & PLASTIC L23 N08'03'00"E 65.35 L24 NO2'54'00"W 30.03 L25 N0857'00"E 12.00 L26 NO2'46'00"W 15.00 Y/TAU L27 N12'52'00"W 7.30 LUN 2004-126375 L28 N00'58'00"W 13.00 L29 N 10'47'00"E 24.00 L30 N25'58'00"E 47.21 L31 S64 02'00"E 10.92 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 R Pagre 1 of 2 BRESC7Ali// TRUST LEGEND gN 2oo4->r8338 J POC POINT OF COMMENCEMENT g L4 POB POINT OF BEGINNING D DEEDS f L5 DN DOCUMENT NUMBER tT TOTAL a�U SCR SONOMA COUNTY RECORDS 1 1 FOUND 2" BRASS DISC & PUNCH, tS STAMPED "LS 4419" PER 654 MAPS 39-40, SCR • FOUND Xz" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368" PER 782 MAPS 14-16, SCR EASEMENT AREA G7 7j7, L/NE 7Z/t7S TRUST j �\ ©N 2006-040598 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 R Pagre 1 of 2 EXHIBIT "C" EASEMENT SEE EXHIBIT "A" FOR LEGAL DESCRIPTION COURSE DATA PTN. 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 S64'02'00"E 9.40 L 15 Sl 4!48'00"W 26,70 L 16 S19'1 7'00*W 29.00 L 17 N64'02'00"W 23.20 u L 18 N 19'1 1'07"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' 10'00"E 16.42 L23 N08'03'00"E 65.35 J LEGEND PTN. PORTION D DEEDS DN DOCUMENT NUMBER (T) TOTAL SR RADIAL CR SONOMA COUNTY RECORDS 7 II EASEMENT AREA • FOUND X" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", PER 782 MAPS 14-16, SCR 619 TOWNHOMES, LLC ON 2013-055963 PARCEL 7WO 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 Page 2 of 2 I DK'94 I" 11] m Wlj 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 TOWNHO.MES, 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 OFA 2.3X2.3 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 64013'47" 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 64044'06" 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 FEETWESTERLY 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 11017'00" EAST 14.30 FEET; THENCE NORTH 07°43'00" EAST 23.64 FEET; THENCE NORTH 18°10'00" EAST 16.42 FEET; THENCE NORTH 08003'00" EAST 65.35 FEET; THENCE NORTH 02o54'00" 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 PARCEL B (ACCESS) A PORTION OF PARCEL TWO OF THE LANDS OF 019 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 MONUMENTWELL, 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 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 25058'00" 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'/z" 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 W 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 CORA= 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 %" 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-1 31667Mendoza Esmt to CORA= �4 ' POC, EXHIBIT "D" ParceS 25' 8' 0' w EASEMENT AREAS 5.00 (Tie) SEE EXHIBIT "D" FOR LEGAL DESCRIPTION 6th Street - 436_86 (Tie)- I 6. t h Street- ,- m N 64'02'00" W POBPARCEL C - - - - - - 26. w� POB 7 N 64'02'00" W 120.00 �.' A ' 1 t - 10 LEGEND BEARING 2004-126-T75 0% S64 13'47"E 16.75 POC POINT OF COMMENCEMENT S25'02'54"W 4.64 POB POINT OF BEGINNING �. S64 44'06"E 12.23 D DEEDS S24'40'46"W 3.91 DN DOCUMENT NUMBER S6337'04"E 5.72 (T) TOTAL N1458'00"E 9.55 SCR SONOMA COUNTY RECORDS N11'17'00"E 14.30 L8 N07'43'00"E C/TY OF O FOUND. 2" BRASS DISC &. PUNCH, N18'10'00"E PETALUMA STAMPED "LS 4419" PER 654 N PORT/ON MAPS 39-40, SCR 001. >75 D > 19 L 12 N 782 MAPS 14-16 • FOUND X" IRON PIPE & PLASTIC NO2'46'00"W 15.00 PLUG, STAMPED "LS 6368", PER o, 7.30 782 MAPS 14-16, SCR N00'58'00"W y EASEMENT AREAS A & B, (PARCELS A & B) EASEMENT AREA C (PARCEL C) BRESCIANI TRUST ON 2004-118338 TUFTS TRUST DN 2006•-044.598 rn so N It 3 J) V) V SIL40CI P17TLER 0 C/TY OF 2015-111221 PETALUMA O PORT/ON 175. D 119 619 v- 72 MAPS T 013-�5j"9 3C 14-16 PARCEL T9/0 iv PARCEL B �I i COURSE DATA LINE BEARING LENGTH Ll S64 13'47"E 16.75 L2 S25'02'54"W 4.64 L3 S64 44'06"E 12.23 L4 S24'40'46"W 3.91 N L5 S6337'04"E 5.72 ON L6 N1458'00"E 9.55 N L7 N11'17'00"E 14.30 L8 N07'43'00"E 23.64 L9 N18'10'00"E 16.42 L 10 N08'03'00"E 65.35 619 TOPINHOMES, LLC L11 NO2'54'00"W 30.03 2013-055963 L 12 N08'57'00"E 12.00 PARCEL ONE L 1.3 NO2'46'00"W 15.00 L14 N12'52'00"W 7.30 L 15 N00'58'00"W 13.00 L16. N10'47'00"E 24.00 L 17 N25'58'00"E 24.39 L 18 N63'26'30"W 22.37 L 19 S1 4!48'00"W 18.23 L20 S63'26' 19"E 18.84 L21 N25'58'00"E 17.85 L22 N07'46'42"E 13.84 L23 N 18'24'40"E 9.76 L24 N2558'00"E 22.82 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 BRESCIANI TRUST ON 2004-118338 TUFTS TRUST DN 2006•-044.598 rn so N It 3 J) V) V SIL40CI P17TLER 0 C/TY OF 2015-111221 PETALUMA O PORT/ON 175. D 119 619 v- 72 MAPS T 013-�5j"9 3C 14-16 PARCEL T9/0 iv PARCEL B �I i 1 *04111 1] v d 0 Recording Requested By 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 and Pauline M. Deixler Attorney at Law Six C Street, Second.Floor Petaluma, CA 94952 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. 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. 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 2 m 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. 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. 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. Authori . 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 Genaro Mendoza, Manager 2 I s ;ra & Pi77ZZ-R ill ON floccl, I 7JF7-5 IRUST J 2c,06-OA0538 VAI SITEZ--- VICINITY MAP NTS fl,V 2�V4- 12&f15 LI EXHIBIT "G" COMPOSITE EASEMENTS EXHIBIT BETWEEN CITY OF PETALUMA & 619 TOWNHOMES, LLC STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGIN EERS - LAN D SU RV EYORS - LA NO PLANN ERS- LAN DSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 707-762-3122 FAX 707-762-3239 PLOT DATE: 2017 02.17 MEND07A-619 F'ST./DWG/Exhibits/City—Fasoment Exhibit SHEET 1 OF 1 LEGEND & K EY NOTES BOUNDARY NOTE WOOD FENCE THE BOUNDARY LINES OF THE (ANDS OF THE CITY OF PETALUMA SHOWN HEREON ME PER A RECORD OF SURVEY BY STEVEN i LAFRANCHI & ASSOCIATES INC FILM IN BOOK FACES 14-16, SON&A COUNTY RECORDS - CYCLONE FENCE 762OF MAPS AT BUILDING UNE CONCRETE WALL BUILDING EAVES WOOD POST WHEELSTOP DROP INLET LANDS OVER WHICH AN EASEMENT IS TO BE GRANTED FROM CITY OF PETALUMA To Big TOWNHOMES. LLC - AREA OF EASEMENT FROM CITY OF PETALUMA TO 619 TOWNHOMES, LLC AREA OF ACCESS EASEMENT FROM 619 TOWNHOMES. LLQ TO CITY OF PETALUMA (PARCELS A& 9) AREA OF ACCESS & STORM DRAIN EASEMENT FROM Big TOWMHOMES, LLC. TO CITY OF PETALUMA (PARCEL C) ....... EXTENTS OF THE LANDS OWNED BY THE CITY OF PETALUMA LANDS OF THE CITY OF PETALUMA J EDGE OF THOMPSON CREEK CONCRETE CULVERT PARCELS ONE ffi. TWO. PER ON BOUNDARY OF L -NOS OF 519 TOWNHOMES, LLC, 2013-055963. SONOMA COUNTY RECORDS 673 - DRIPLINES, SHRUBS DAI 2P/3-0 56191 D- AIt" PAfi—FL ONE Nk 'S NNN 'As X N ol" La V� :N A, N' I s ;ra & Pi77ZZ-R ill ON floccl, I 7JF7-5 IRUST J 2c,06-OA0538 VAI SITEZ--- VICINITY MAP NTS fl,V 2�V4- 12&f15 LI EXHIBIT "G" COMPOSITE EASEMENTS EXHIBIT BETWEEN CITY OF PETALUMA & 619 TOWNHOMES, LLC STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGIN EERS - LAN D SU RV EYORS - LA NO PLANN ERS- LAN DSCAPE ARCHITECTS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312 PETALUMA, CALIFORNIA 94952 707-762-3122 FAX 707-762-3239 PLOT DATE: 2017 02.17 MEND07A-619 F'ST./DWG/Exhibits/City—Fasoment Exhibit SHEET 1 OF 1