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HomeMy WebLinkAboutStaff Report 3.E 02/07/2005Agenda Title: Resolution Authorizing Cil Agreement and Resolution Portion of Oak Terrace Way Execute a Quitclaim Deed CITY OF PETALUMA, CALIFORNIA 3. E AGENDA BILL February 7. 2005 Nleetine Date: February 7, 2005 ✓ Manager to Execute Settlement .o Summarily Vacate and Abandon and Authorizing the City Manager to Meetine Time: ® 3:00 PM Cateeory (check one): NC Consent Calendar F-1UnfinishedBusiness F-1Presentation 7:00 PM U Public Hearing U New Business Department: Director: Contact Person: Phone Number: City Attorney Richard Rudnansky Richard Rudnansky 778-4362 Cost of Pronosal: None Account Number: N/A Amount Budeeted: None Name of Fund: N/A Attachments to Agenda Packet Item: 1. Map (Exhibit 1); 2. Resolution Authorizing City Manager to Execute Settlement Agreement; 3. Resolution to Summarily Vacate and Abandon a Portion of Oak Terrace Way and Authorizing the City Manager to Execute a Quitclaim Deed. Summary Statement: William Robert Bramblett and Alicia Dolling Keshishian, as trustees of the Bramblett-Keshishian Family Trust ("Bramblett"), and owners of the property located at 717 Oak Terrace ("Existing Property"), filed a quiet title action in Sonoma County Superior Court to quiet title in approximately 7,843 square feet of land ("Disputed Property") which is adjacent to the "Existing Property". Bramblett alleges that they are the owners of the Disputed Property, which is an unpaved portion of a strip of land shown on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913, as Oak Terrace Way. Based on this 1913 subdivision map and Resolution No. 2053 C.S., which accepted the map, there exists an issue of whether the Disputed Property is a street and what ownership interests, if any, the City has in the Disputed Property. Staff is of the opinion that the City has no need or use for the Disputed Property and, therefore, from staff's perspective, the City would have no interest in keeping the Disputed Property, nor is it anticipated that there would be any need for the Disputed Property in the future. In order to resolve this matter, Bramblett have signed a Release of Claims and Settlement Agreement. In essence, the Settlement Agreement calls for the Bramblett to pay the City of Petaluma $10,000 and agreement that the current development potential of the Existing Property would not be expanded as a result of any merger of the Disputed Land. In exchange the City would vacate and abandon the unpaved portion of Oak Terrace (Disputed Property) and execute a quitclaim deed whereby the City releases any and all interest it may have in the Disputed Property. Attached are a Resolution authorizing the City Manager to sign the "Release of Claims and Settlement Agreement" and a Resolution summarily vacating and abandoning a portion of Oak Terrace Way and authorizing the City Manager to execute a quitclaim deed. Recommended Citv Council Action/Sueeested Motion: Review and adopt resolutions. Reviesj d by Finance Director: n Reviewed by City Attornev: Aovo by Citv Manaeer: �k Dat ate: A / Y� Date: hoday ls-IYnte. Revision I# and Date Revised: FIe C ode: Januar,t 24, 2005 I # agenda hill -1/24105 4731187 CITY OF PETALUMA, CALIFORNIA FEBRUARY 7. 2005 (Date of Meeting) AGENDA REPORT FOR RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE SETTLEMENT AGREEMENT AND RESOLUTION SUMMARILY VACATING ABANDONED PORTION OF OAK TERRACE WAY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED (Name of Project — Use Same Language as Found for the Agenda Title on the Agenda Bill) 1. EXECUTIVE SUMMARY: William Robert Bramblett and Alicia Dolling Keshishian, as trustees of the Bramblett-Keshishian Family Trust (`Bramblett'), and owners of the property located at 717 Oak Terrace ("Existing Property"), filed a quiet title action in Sonoma County Superior Court to quiet title in approximately 7,843 square feet of land ("Disputed Property") which is adjacent to the "Existing Property". Bramblett alleges that they are the owners of the Disputed Property, which is an unpaved portion of a strip of land shown on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913, as Oak Terrace Way. Based on this 1913 subdivision map and Resolution No. 2053 C.S., which accepted the map, there exists an issue of whether the Disputed Property is a street and what ownership interests, if any, the City has in the Disputed Property. Staff is of the opinion that the City has no need or use for the Disputed Property and, therefore, from staff's perspective, the City would have no interest in keeping the Disputed Property, nor is it anticipated that there would be any need for the Disputed Property in the future. In order to resolve this matter, Bramblett have signed a Release of Claims and Settlement Agreement. In essence, the Settlement Agreement calls for Bramblett to pay the City of Petaluma $10,000 and agree that the current development potential of the Existing Property would not be expanded as a result of any merger of the Disputed Land. In exchange the City would vacate and abandon the unpaved portion of Oak Terrace (Disputed Property) and execute a quitclaim deed whereby the City releases any and all interest it may have in the Disputed Property. Attached are a Resolution authorizing the City Manager to sign the "Release of Claims and Settlement Agreement' and a Resolution summarily vacating and abandoning a portion of Oak Terrace Way and authorizing the City Manager to execute a quitclaim deed. 2. BACKGROUND: Oak Terrace Way is shown as a street on the Clough and Young Subdivision of the Carpenter Trust Subdivision Map dated May 1, 1913. The City of Petaluma, through Resolution No. 2053 C.S., accepted said map. Although a portion of Oak Terrace Way has been improved and is currently being used for vehicular traffic as a public street, another portion of Oak Terrace Way is unpaved and has been impassable for vehicular travel for at least five (5) years. The unimproved portion of Oak Terrace is depicted in Exhibit I attached hereto and is the subject of litigation filed by William Robert Bramblett and Alicia Dolling Keshishian wherein they, as owners of 717 Oak Terrace (adjacent to the subject strip of land) claim all right, title, and interest in said unimproved portion of Oak Terrace Way ("Disputed Property"). Based on the 1913 subdivision map, there is an issue whether or not the City owns the Disputed Property. Staff is of the opinion that the City does not have any need or use for the Disputed Property and, therefore, at least from staffs perspective, the City would have no interest in keeping the property, nor is it anticipated there would be any need for the property in the future. However, to resolve this matter, the Owners are agreeable to (1) paying the City $10,000, (2) agreeing that the development potential of their existing property would not be expanded as a result of any transfer of the Disputed Property by the City to the Owners. In exchange, the City would vacate the Disputed Property pursuant to the Streets and Highways Code, and execute and record a quitclaim deed wherein the City releases any and all interest it may have in the Disputed Property. ALTERNATIVES: Do not adopt resolution vacating the Disputed Property and proceed with litigation. 3. FINANCIAL IMPACTS: The City would receive $10,000 in this settlement. If settlement is not accepted, the City will face further litigation costs. 4. CONCLUSION: In order to resolve the litigation, the City Council would need to authorize the City Manager to execute the Settlement Agreement and also adopt the resolution summarily vacating and abandoning that portion of Oak Terrace Way. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: 7. RECOMMENDATION: Council review, consider, and adopt resolution authorizing the City Manager to execute the Settlement Agreement and adopt resolution summarily vacating and abandoning a portion of Oak Terrace Way and authorizing the City Manager to execute a quitclaim deed. report 1/24/05 (fink) 4731189 1 *4 614 1 COUNTY ASSES, 'ORS PARCEL MAP I I'C : THIS TMP WAS PRE PAREp FOR ASSE511EW PLRPOSES ONLY, NCl LI a91 LIT•f IS ASSLD'ED FOR TFE ACCLN.ACv NF TFE DATA DELINEATED FEOEM. /Se II O ® © © loo O o O r Pa . tib na R/5 SOB/P � 3v a 111 I O " 4 5/ I° \ So 10 'ao JO So So 10 /40 \ /50 SONOMA AVE. = �l Igo 3 50 50 50''� lo0 /3 ✓ s n y3 ti I~ 451 O v � A /9t s d n�ssfifi 5E2 Q \ - iz I /7 O5 /4 0 ® i� O ® O ^161\ ~ Z ,e \1p SO JO JO SO SO 50 SO ]O 9059 WESTERN AVE TAX CODE AREA 6-38 3-000 PARKWAY 6 FRANKLIN PLACE L -[I 6 5•fi J9 3-21 2- LSL 2-0 e Assessors o! ,UnP Sk. 6 Pg ' 38 -JUL 14 IM Sonomo Cofy,Co/if I EXHIBIT - -r!- TrA LANDS OF BRAMBLETT-KESH/SH/AN FAM/LY LINING TRUST ON 2000-110928 (A -N 008-383-022) POINT OF BEGINNING COURSE DATA d N 65'25'10° E 42.98' S 44'57'05" IN 40.00' LEGEND • FOUND 5J8" REBAR RCE 18200 V STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE S12 PETALUMA, CALIFORNIA 64964 707-762-3122 FAX 707-762-5289 ✓OBSj XESHISHGW j 02661IXHIB/!•I.OWI.-' t m. o C o r ;n Z J� 1 POINT OF BEGINNING COURSE DATA d N 65'25'10° E 42.98' S 44'57'05" IN 40.00' LEGEND • FOUND 5J8" REBAR RCE 18200 V STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE S12 PETALUMA, CALIFORNIA 64964 707-762-3122 FAX 707-762-5289 ✓OBSj XESHISHGW j 02661IXHIB/!•I.OWI.-' TO EXECUTE SETTLEMENT AGREEMENT RESOLUTION NO. N.C.S. OF THE CITY OF PETALUMA, CALIFORNIA RESOLUTION OF THE PETALUMA CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT AGREEMENT WHEREAS, William Robert Bramblett and Alicia Dolling Keshishian, as Trustees of the Bramblett-Keshishian Family Living Trust dated September 13, 2000, filed a complaint for quiet title in Superior Court of the State of California, County of Sonoma, case number 174982 WHEREAS, plaintiffs in that action allege that they are owners of property located at 717 Oak Terrace, Petaluma, California WHEREAS, plaintiffs allege that they own a strip of land which is unimproved and shown on the map of the Clough and Young Subdivision of the Carpenter Tract Subdivision Map dated May 1, 1913 and which is depicted as Oak Terrace Way; WHEREAS, plaintiffs claim all right, title and interest to said unimproved strip of land; WHEREAS, the City of Petaluma disputes owners' position; WHEREAS, the parties wish to resolve and settle this dispute; WHEREAS, plaintiffs have executed a Release of Claims and Settlement Agreement, copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED, that the Petaluma City Council hereby authorizes the City Manager to execute a "Release of Claims and Settlement Agreement," a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED, that the City Council, authorizes the City Manager to execute any all documents, including a Quit Claim Deed and Deed Restriction and Agreement referenced in the Release of Claims and Settlement Agreement, upon satisfaction of certain conditions and events set forth therein. PASSED and ADOPTED this day of 2005 by the following vote: AYES: NOES: ABSTAIN: ATTEST: CITY OF PETALUMA City Clerk Mayor 0731026 oil I � W-MAI RELEASE OF CLAIMS AND SETTLEMENT AGREEMENT This Release of Claims and Settlement Agreement (hereinafter referred to as "Agreement") " ) is entered into effective as of 2005 by and between The Bramblett-Keshishian Family Living Trust, dated September 13, 2000 (TRUST), WILLIAM ROBERT BRAMBLETT and ALICIA DOLLING KESHISHIAN, jointly and severally in both their individual capacities and as Trustees of the TRUST, and THE CITY OF PETALUMA (hereinafter referred to as "THE CITY"). WILLIAM BRAMBLETT, Alicia Dolling Keshishian and the TRUST are hereafter referred to collectively as `BRAMBLETT". In each case, BRAMBLETT shall mean WILLIAM ROBERT BRAMBLETT, ALICIA DOLLING KESHISHIAN, and the TRUST and any of them individually. RECITALS WHEREAS the parties enter into and execute this Agreement in connection with claims by BRAMBLETT against THE CITY for quiet title as set forth in the Complaint filed on June 6, 2003 in the Superior Court of California, County of Sonoma, Case No. 174982 relating to BRAMBLETT's allegations of title to property located adjacent to 717 Oak Terrace, Petaluma, California. (the "ADJOINING PROPERTY") as described below. 2. WHEREAS the respective claims of the parties to this Agreement involve bona fide arguable and disputable questions of fact and law, and the parties desire to hereby compromise and settle all claims and causes of action of any kind whatsoever arising out of, Page 1 of 8 related to, or in any way connected with or resulting from any of the events, occurrences, accidents, incident or casualties referred to in Paragraph 1 of Recitals hereof. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: The property which is the subject of this dispute is depicted on the map attached hereto as Exhibit A and legally described per Exhibit B (hereinafter referred to as "the Disputed Land"). 2. THE CITY agrees to initiate formal vacation proceedings for the Disputed Land and to transfer to BRAMBLETT upon completion of the vacation procedures, any right, claim or ownership interest THE CITY might have to the Disputed Land. THE CITY will be responsible for taking all steps reasonably necessary to proceed with the vacation procedure, including the providing of proper notice, as may be required, and setting this matter on a City Council Agenda. THE CITY shall initiate its formal vacation proceedings within 45 days of the execution of this Agreement and agrees to utilize its best efforts to move the vacation proceedings forward in a timely manner. 3. BRAMBLETT and THE CITY agree that nothing in this agreement is intended to or shall expand or diminish the development potential of any property adjacent to the Disputed Land including without limitation, the adjoining property located at 717 Oak Terrace, Petaluma and more particularly described as only that property within the metes and bounds set forth in Exhibit C ("Adjoining Property") or any other property now owned or in the future acquired by Page 2 of 8 "Bramblett" or the successors in interest of Bramblett which may be merged with the Disputed Land. Nothing contained herein shall preclude any future owner of the Disputed Land or any adjoining property from making a petition to the Petaluma City Council to have the restrictions imposed by this agreement removed. THE CITY and BRAMBLETT hereby declare their express intent that the restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the parties, regardless of any assignment, conveyance or transfer of the Disputed Land, the Adjoining Property, or any part thereof or interest therein. Any successor -in - interest to Bramblett including without limitation any purchaser, transferee or lessee of the Disputed Land and/or Adjoining Property shall be subject to the restrictions set forth herein. Each and every contract, deed, ground lease or other instrument affecting or conveying the Disputed Land and/or Adjoining Property shall conclusively be held to have been executed, delivered and accepted subject to the restrictions set forth herein, regardless of whether such restrictions are set forth in such contract, deed, ground lease or other instrument. Bramblett agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the restrictions set forth herein do not run with the land, such restrictions shall be enforced as equitable servitudes against the Disputed Land and the Adjoining Property in favor of THE CITY and the remaining portions of Oak Terrace Way. Page 3 of 8 BRAMBLETT and THE CITY agree to and shall execute and record in the Official Records of Sonoma County, a "Deed Restriction and Agreement' in the form attached as Exhibit D. 4. Concurrently, and during the time that THE CITY is proceeding with its formal vacation of the Disputed Land, BRAMBLETT will proceed with securing a Judgment of Quiet Title in the Superior Court lawsuit against all defendants in that lawsuit, excluding the City of Petaluma. 5. Upon completion of those actions required, as set forth in Paragraphs 2 THE CITY, upon receipt of $10,000 from BRAMBLETT, shall thereafter execute a Quit Claim Deed in recordable form transferring title to the Disputed Land to BRAMBLETT. All costs associated with the recording of the Deed or any escrow expense shall be paid for by Bramblett. The Quit Claim Deed from THE CITY to BRAMBLETT shall be recorded in the Official Records of the Sonoma County and contain the following language: "Grantee shall have no greater development potential by the inclusion of the land described herein with any other adjoining parcels that Grantee may own. However, nothing contained herein shall in any way expand or diminish the existing development rights Grantee may have in said adjoining parcels. Nothing contained herein shall preclude any future owner of the land described herein from making a petition to the Petaluma City Council for a resolution having this deed restriction removed. These restrictions are included and described in and are subject to an Agreement between Grantee and the Grantor and are intended to be binding on the successors in interest to Grantee as covenants running with the land and/or equitable servitudes. The property granted herein is also subject to a "Deed Restriction and Agreement" If THE CITY is unsuccessful in obtaining formal vacation of the Disputed Land, BRAMBLETT reserves the right to proceed with the pending litigation. If THE CITY is successful in obtaining the formal vacation of the Disputed Land, and after payment to City of Page 4 of 8 510,000 by Bramblett, upon delivery and recordation of the Quit Claim Deed, and recordation of the "Deed Restriction and Agreement', BRAMBLETT will file a Dismissal of Superior Court Case No. 174982 with each party shall pay their own attorney's fees and court costs incurred in connection with the matters and allegations referred to in Paragraph I of Recitals. 6. Except with respect to the obligations created by or arising out of this Agreement, BRAMBLETT and the City hereby relieve, release and forever discharge the other from any action, cause, claim, obligation, cost, expense, liability, demand, promise and damage of any nature whatsoever, arising out of, by reason of, related to, or in any way connected with or resulting from any of the events, occurrences, accidents, incidents or casualties referred to in Paragraph 1 of Recitals hereof. 7. Each party hereto represents and warrants they have been represented by counsel of their own choice throughout the negotiations which preceded the execution of this Agreement; no other party, nor any agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce any party to execute this Agreement; and neither BRAMBLETT nor THE CITY has executed this instrument in reliance upon any promise, representation or warranty not contained herein. This Agreement is the joint product of all parties hereto, and it is hereby stipulated and agreed that the rule of construction, that the agreement is to be construed against the drafting parties is inapplicable to this document. 8. This Agreement shall jointly and severally be binding upon and inure to the benefit of the parties and their respective heirs, assigns and successors in interest. This Agreement shall not be assignable by any party hereto. Page 5 of 8 9. Nothing contained in this Agreement shall be deemed to be an admission by any party hereto of any liability to any other party or to any other person or entity. The parties hereto expressly deny any liability as to any claims alleged or which might be alleged in connection with the respective contentions of any party involving any of the events, occurrences, accidents or incidents referred to in Paragraph 1 of Recitals hereof. 10. The parties hereto warrant that each is fully authorized to enter into this agreement. BRAMBLETT represents and warrants that they have not assigned or transferred or purported to assign or transfer to any person or entity, any such claim or portion thereof or interest therein involving the subject matter contained herein. 11. This Agreement shall be deemed to have been entered into and shall be governed by, construed and enforced in accordance with the laws of the State of California regardless of the residence of any party at the time of execution or any time thereafter and it shall be enforceable by noticed motion as if the settlement had been executed under court supervision. 12. The terms of this Agreement are contractual and not mere recitals. Further, this Agreement supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties to the Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver be binding, unless executed in writing by the party making the waiver. 13. If any section, subsection, paragraph, sentence, clause or phrase of this Agreement, or any part thereof, is for any reason held to be invalid or unenforceable by any court Page 6 of 8 of competent jurisdiction or in any arbitration proceeding, such decision shall not affect the validity of the remaining portions of this Agreement, or any part thereof, irrespective of the fact that any one or more section, subsection, paragraph, sentence, clause or phrase of this Agreement, or any part thereof, may be declared invalid or unenforceable, as the parties declare they would have nevertheless assented to every other portion hereof. 14. Each party hereto further agrees each shall at any time hereafter, on the demand of the other, execute any other documents or instruments and do or cause to be done any other acts as may be reasonably necessary to carry out the intent and purpose of this Agreement. 15. Each party hereto represents and warrants that they have carefully read and understand the contents of this Agreement and signs the same as their own free act. 16. This Agreement may be executed in one or more counter parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Each of the undersigned warrant and represent that they are duly authorized to give a full and valid release of all claims mentioned herein. DATED William Robert Bramblett Alicia Dolling Keshishian DATED The Bramblett-Keshishian Family Living Trust, Dated September 13, 2000 LN William Robert Bramblett, Trustee Page 7 of 8 DATED DATED: The Bramblett-Keshishian Family Living Trust, Dated September 13, 2000 Alicia Dolling Keshishian, Trustee THE CITY OF PETALUMA [ATTACH NOTARIAL ACKNOWLEDGMENT] Approved as to form and content: Robert P. Oliker, Esq. Attorney for Bramblett Richard Rudnansky, Esq. Attorney for The City of Petaluma #729496 Page 8 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, Dale Name and TGe of Olrirrr {e.g.,'Jane Doe, Notary Public') personally appeared Name(s) of Signerjs) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Place Notary SealAbove Signal ue of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: Top of thumb here 0 feel NaWral Notary As t,oe-&t59 De W -Ale. RD. Bel 24M- Ctabwwat CA915112(Od wwwaa' aryvry Prod Na 007 aewtler. Coa Ta&Feec t2a96iGSai! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On pale personally appeared before me, Place Notary seal Above I ss. Name and Title at officer (e.g., 'Jane Doe, Notary Public's W Name(s) of Signers) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. signature .(Notary Public OPTIONAL Though the information below is not required by law, k may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description of Attached Document Title or Type of Document -_.. „_- , _- Document Date, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representinc, Number of Pages: Top of thumb here 01899 National NotaryA-.c1.bon'3350 De Solo A"..P.0-ft. 2402-Cluenrose. CA a la10-2402-..men=trials,mi Pua No. 5907 reorder. C.MI7oI1-FRC 14100.076-Gle/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, Dale Name and Title or ORrer (e.g.. *Jane Doe. Notary Public) personally appeared Name(s) of Signer(s) ❑ personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowiedged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by, his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary SaalAbove Sigruature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing, Number of Pages: Top of Thumb here 0 1999 National Notary �ilon•8]58 De Salo AYE.. P.O. Box 2482•01,ao M. CA 91913-2482,w MtonUrotay th No. 6907 ReoN .. W8 Toa Free 7�876ZIM? EXHIBIT A EXHIBIT i env FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY SEE EXHIBIT FOR LEGAL DESCRIPTION �AEWJKIR� G -A LANDS OF ORA.LLRL£1T—KESNISNIAN FAMILY LMNO TRUST DN 2000-110928 (APN 006-383-022) POINT OF BEGINNING COURSE DATA I�1 N 65'25'10' E 42.98" 2Q S 44'57'05' IN 40.00' LEGEND • FOUND 5j8! REBAR RCE 18200 G8 STEVEN J. LAFRAN CHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SURE 312 PETALUMA. CALFORNIA 94964 707-762-3122 FAX 707-762-3239 rOeSI AE3'H/5 IRNI 02661La"N/OLT1.,9W, EXHIBIT B EXHIBIT 5 LEGAL DESCRIPTION SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA. A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO. 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT AND ALICIA DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING TRUST AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000-110928, SONOMA COUNTY RECORDS, SAID CORNER BEING MARKED BY A FIVE-EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29, SONOMA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY NORTH 45'02'55- WEST, 203.94 FEET TO A FIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS HEIGHTS FILED IN BOOK 66 OF MAPS AT PAGE 10, SONOMA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 66° 25'10' EAST, 42.98 FEET TO THE EASTERLY LINE OF SAID LOT 451; THENCE ALONG THE EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02' 55" EAST, 188.21 FEET; THENCE SOUTH 44° 57' 05" WEST, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,843 SQUARE FEET MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY. NO. 6368 EXP. 12-31-06 STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 W661LD1.d. STEVEN J. FRANCHI, P.L.S. 6368 , DATE EXPIRATION DATE 12/31/06 'F:" ' NO. 6368 EXP. 12-31-06 STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 W661LD1.d. EXHIBIT FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY SEE EXHIBIT . .&.. FOR LEGAL DESCRIPTION g0l LAWS OF 8i?A,W8LE7T-,Arf5H1SH1AN FAMILY L WNG TRUST DIV 2000-110928 (AF,V 006-383-022) co th POINT OF BEGINNING ,Q) MR COURSE DATA N 65'25'10" E 42.98' S 44'57'05" W 40.00' LEGEND 0 FOUND 5/8" REBAR RCE 18200 (25 STEVEN J. LAFRANCHI &ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA. CALIFORNIA 94964 707-782-3122 FAX 701-762-3239 ,10PS'1 fff5111S11Ml 026'6*10(H1R1rf flOr EXHIBIT C ,11111MIQ 2e00110928 RECORDING REQLTS`MD BY: } �L it�� �*ctaL 5 of V4LUAbi ROBERT 13RAMLEI 1' And ) 119N ilu s l 119N� ti SOHoflp COUNTY NTY PE7EpSON AUCIA DOLLING KESEIRMAN } G04ERAL PUBLIC a6RNIrE A. } ta/Z3/7000 10:89 OFsU AND'VVM RECORDED KM TO: } R90MING FEE: 13.a» WU11AM ROBERT BRAMBLETT and ) AUCIA DOLLING I(ESHISHiAN ) 717 Oak Teaacc } Petaluma, Cxffiraia 94952-7333 j No Consideration for Transfer to a Revocable Liw,ng Trust Documentary Transfer Tax: None- Not Pursuant to a Sate GRANii' DEED ROBERT BRAMBL.LrTT WUL.IA.M ROBERT BTI IRLETT (who took title as WILLIAM BRANIBLETT) and ALICIA DOLLING KFSMSHLAN (who took title as ALICIA KESIIIML"), Husband and Wife, as Joint Tenants, Hereby grant to WILLIAM ROBERT BRAMBLEPT and ALICIA DOLLING KESHISWAN, Trustees of the Braniblett-ICeshishian Family Living; Trust, dated September 13, 2000, all that real property situated in the County of Sonoma, State of California, as is described in the attached legal description. A.P.N. 006-383-022 Commonly Known As: 717 Oak Terrace, Petaluma Dated: September 13, 2000 STATE OF CALIFORNIA COUNTY OF MARIN un�� WILLIAM ROBERT BRAMBLBTT ALICIA DOLLING KESMSBIAN On September 13, 2000, before me, GARY D. BERGER, Notary Public, personally appeared WILLIAM ROBERT BRAMBLErT and ALICIA DOLLING KFSHISMAN, personally known to me (or proved to me. on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed 10 the within instrument and acknowledged to me that heJsbe/they executed the same in his/her/their authorized capacity(les), and that by his(her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act4 executed the instrument. WITNESS my hand and offfGizi sea]. WIL TAIL STATEZ�M7T TO: VM12" ROBERT BRANIBLETT and ALICIA DOLLING KESMSHIAN 717 Oak Terrace Petaluma, California 94452-2533 A26- GARY,VBERGER Nota.4Public, State of California My commission expires May 16, 2003 All that real property situated in th„ City of Petaluma, County of Sonoma, State of California, described as follows: PARCEL ONE: FOR A POINT OF BEGRg4ING COXkfENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS SAID LOT IS SHOWN IN STRATTON'S OFFICIAL MAP OF THE CITY OF PETALUNIA; RUNNING_ THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT, NORTH 45' 13' WEST 340.17 FEET; THENCE SOUTH 440 47' WEST .;0 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF 0 -AK TERRACE NORTH 45' I3' WEST.AND PA T2 AT i EL T O THEEAST BOUNDARY OF SAID LOT No. 451, 138.9 FEET; THENCE SOUTH 6? 0 40' WEST 72.9 FEET TO THE POINT OF COMMENCEMENT OF PARCEL ONE_ FROM SAID POINT OF BEGINNING RUNNING THENCE SOUTH 67' 40' WEST 28.5 FEET TO THE EASTERLY BOUNDARY OF THE, LANDS OF BROWN AND TRUEBLOOD; THENCE ALONG SAID BOUNDARY SOUTH 31- 37' EA;iT 37.5 FEET, THENCE NORTH 67' 40' EAST 22 FEET; TEIENCE NORTH 22' 20' WEST 37 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT NO.451 AS PER STRA'I 1 ON'S .NW. PARCEL TWO: FOR A POINT OF BEGLYN'ING CONUrfENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS. SAID LOT IS SHOWNiIN STRAT ON'S OFFICIAL MAP OF THE CITY OF PETALUMA; RUNINING T�.NCE ALONG THE EASTERLY BOUNDARY OF SAID LOT, NORTH 45' 131. NVES T 340.17 FEET;—, . THENCE SOUTH 44' 47' WEST Q FEET; TO THE POINT OF COMMENCEMENT OF THE PARCEL OF LAND HEREIN TO BE DESC12tBED. FROM SAID POINT OF BEGINNING RUNNING THENCE ALONG THE WESTERLY BOUNDARY OF OAK TERRACE NORTH 450 13' WEST AND PARALLEL TO THE EAST BOUNDARY OF LOT 451 AS PER STRATTON'S OFFICIAL MAP OF THE CITY OF PETALUMA A DISTANCE OF 138.9 FEET; THENCE SOUTH 67` 40' )NTST AND PARALLEL TO WESTERN AVENUE 72_9 FEET; THENCE AT RIGHT ANGLES SOUTH 22' 20' EAST 87 FEET; THENCE AT RIGHT ANGLES AND PARALLEL TO WESTERN AVENUE NORTH 67' 40' EAST 10 FEDI; THENCE AT RIGHT ANGLES SOUTH 22' 201 EAST 50 FEET AND THENCE EAS7ERLY IN A S`T'RAIGHT LINE 117 FEET, MORE OR LESS, TO THE POINT OF COMIfENCEMENT, BEING A PORTION OF LOT 451 AS PER STRATTON'S MAP OF THE CITY OF PETALUMA. EXCEPTING THEREFROM SUCH PORTION THEREOF AS INCLUDED IN THE DEED FROM ELSIE A. FREY AND CLAUDE C. MREY, HER HUSBAND TO KENNETH I. COLIN, ET UX, DATED MAY 4, 1951 AND RECORDED ]'IRATE 8,1951 UNDER RECORDER'S SERIAL NO. D-42780, SONOMA COUNTY RECORDS. PARCEL THREE: COMMENCING AT A POINT ON 7HF NORTHERLY LINE OF WESTERN AVENUE WHERE TEE SAID NORTHERLY LINE INTERSECTS THE WESTERLY BOUNDARY OF THE CITY OF PETALUMA, THENCE ALONG SAID NORTHI:IRLY LINE OF'iNTSFERN AVENUE, SOUTH 79' EAST 23 FEET, THENCE NORTH 67' 40' EAST 1327.40 FEET, THENCE NORTH 22' 20' WEST 150 FEET; THENCE NORTH 40' 17' EAST 56.40 FEET; THENCE NORTH 40' 23' EAST, 15.10 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORKIER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY FRAN= E, DURM, ET AL, TO E.B. RICE BY DIED RECORDED IN BOOK 279 OF DEEDS, PAGE 306, SONOMA COUNTY RECORDS; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF THE LANDS SO CONVEYED TO E.B. RICE, 100.40 FEET, MORE OR LESS, TO H NORTHEASTERLY CORNER .[HEREOF; THENCE NORTH 45' 13' WEST ALONG THE SOUTHWESTERLY LINE OF OAl'{ TERRACE WAY � 3�05.19 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE LANDS HEREIN TO BE DESCRIBED. FROM SAID POINT OF BEGINNING RUN SOUTH 67' 40' WEST 77.56 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN THE DEED FROM LUCIE A. CLOUGH, EI AL, TO MYRTLE E. BROWN AND ELLEN R TRUEBLOOD, DATED NOVEMBER 27, 1931 AND RECORDED IN BOOK 303 OF OFFICIAL RECORDS, PAGE 302; THENCE SOUTH 22' 40' FAST ALONG THE EAST LINETHEREOF, 60.00 FEET; THENCE CONTINUING ALONG EAST LINE SOUTH 36' 55' FAST, 14.16 FEET; THRi10E NORTH 67' 40' FAST 100.15 FEET, MORE OR LESS, TO THE WESTERLY BOUNDARY OF OAX: TERRACE WAY; THENCE ALONG THE WESTERLY BOUNDARY OF OAK TERRACE WAY, NORTH 45' 13' WEST AND PARALLEL TO THE EASTERLY BOUNDARY OF LOT 451, AS PER STRATTON'S OFFICIAL MAP OF THE CITY OF PETALUMA, A DISTANCE OF 81.8 FEET MORE OR LESS, TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. EXHIBIT D RECORDING REQUES , ED BY: CITY OF PETALUMA WHEN RECORDED MAIL TO: Claire Cooper, City Clerk City of Petaluma 11 English Street -.--- --------- Petaluma, CA 94952-2610 No fee required Govt. Code § 27383 This Space for Recorder's Use Only EXEMPT FROM RECORDING FEES pursuant to Government Code §27383, which reads: "No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record." DEED RESTRICTION AND AGREEMENT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Govt. Code § 27361.6) (Additional recording fee applies) DEED RESTRICTION AND AGREEMENT This "Deed Restriction and Agreement (hereinafter referred to as "Agreement") is entered into effective as of 2005 by and between The Bramblett-Keshishian Family Living Trust, dated September 1"), 2000 (TRUST), WILLIAM ROBERT BRAMBLETT and ALICIA DOLLING KESHISHIAN, jointly and severally in both their individual capacities and as Trustees of the TRUST, and THE CITY OF PETALUMA (hereinafter referred to as "THE CITY"). WILLIAM BRAMBLETT, Alicia Dolling Keshishian and the TRUST are hereafter referred to collectively as `BRAMBLETT". In each case, BRAMBLETT shall mean WILLIAM ROBERT BRAMBLETT, ALICIA DOLLING KESHISHIAN, and the TRUST and any of them individually. RECITALS 1. WHEREAS the parties enter into and execute this Agreement in connection with claims by BRAMBLETT against THE CITY for quiet title as set forth in the Complaint filed on June 6, 2003 in the Superior Court of California, County of Sonoma, Case No. 174982 relating to BRAMBLETT's allegations of title to property located adjacent to 717 Oak Terrace, Petaluma, California. (the "ADJOINING PROPERTY" as described below. 2. WHEREAS the respective claims of the parties to this Agreement with respect to the properties described in Exhibit 1 and Exhibit 2 to this Agreement involve bona fide arguable and disputable questions of fact and law. 3. WHEREAS THE CITY has agreed to Quitclaim all right title and interest it may have in certain property more particularly described in Exhibit 1 ("QUITCLAIMED PROPERTY"); Page] of 3 DATED AGREEMENT BRAItjIBLETT and THE CITY agree that BRAMBLETT shall have no greater development potential in any property adjacent to the QUITCLAIMED PROPERTY described in Exhibit I including without limitation, the adjoining property located at 717 Oak Terrace, Petaluma and more particularly described as only that property within the metes and bounds set forth in Exhibit 2 ("ADJOITNNG PROPERTY ") or any other property now owned or in the future acquired by BRAMBLETT or the successors in interest of BRAMBLETT, which may be merged with the QUITCLAIMED PROPERTY. Nothing contained herein shall preclude any future owner of the QUITCLAIMED PROPERTY OR ADJOINING PROPERTY making a petition to the Petaluma City Council to have the restrictions imposed by this Agreement removed. THE CITY and BRAMBLETT hereby declare their express intent that the restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the parties regardless of any assignment, conveyance or transfer of the QUITCLAIMED PROPERTY, or any part thereof or interest therein. Any successor -in -interest to BRAMBLETT including without limitation any purchaser, transferee or lessee of the QUITCLAIMED PROPERTY or ADJOINING PROPERTY shall be subject to the restrictions set forth herein. Each and every contract, deed, ground lease or other instrument affecting or conveying the property described in Exhibit I or Exhibit 2 shall conclusively be held to have been executed, delivered and accepted subject to the restrictions set forth herein, regardless of whether such restrictions are set forth in such contract, deed, ground lease or other instrument. BRAMBLETT agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the restrictions set forth herein do not run with the land, such restrictions shall be enforced as equitable servitudes against the QUITCLIAMED PROPERTY and the ADJOINTNG'PROPERTY in favor of THE CITY and tate remaining portions of the public street of Oak Terrace Way. NOW THEREFORE, the parties have executed this Agreement effective as the date first written above, William Robert Bramblett Alicia Dolling Keshishian Page 2 of 3 DATED The Bramblett-Keshishian Family Living Trust, dated September 13, 2000 By: William Robert Bramblett, Trustee DATED The Bramblett-Keshishian Family Living Trust, dated September 13, 2000 By: Alicia Dolling Keshishian, Trustee DATED: THE CITY OF PETALUMA By: [ATTACH NOTARIAL ACKNOWLEDGMENT] Approved as to form and content: Robert P. Oliker, Esq. Attorney for Bramblett Richard Rudnansky, Esq. Attorney for The City of Petaluma 9729607 Page 3 of 3 EXIIIBIT 1 QUITCLAIM DEED WITH LEGAL METES AND BOUNDS DESCRIPTION QUITCLAIMED PROPERTY EXHIBIT = LEGAL DESCRIPTION SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA, A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO. 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT AND ALICIA DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING TRUST AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000-110928, SONOMA COUNTY RECORDS, SAID CORNER BEING MARKED BY A FIVE-EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29, SONOMA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY NORTH 45' 02'55* WEST, 203.94 FEET TO A FIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS HEIGHTS FILED IN BOOK 66 OF MAPS AT PAGE 10, SONOMA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 66' 25' 10- EAST, 42.98 FEET TO THE EASTERLY LINE OF SAID LOT 451; THENCE ALONG THE EASTERLY LINE OF SAID LOT 451 SOUTH 45' 02'55" EAST, 188.21 FEET; THENCE SOUTH 44' 57'05' WEST, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,843 SQUARE FEET MORE OR LESS, BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY. C� -si�o STEVEN J. FRANCHI, P.L.S. 6 8-, DATE EXPIRATION DATE 12131106 r ` NO. 6368 EXP. 12-31-06 STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 02661LDt.d.. EXHIBIT 2 LEGAL METES AND BOUNDS DESCRIPTION OF ADJOINING PROPERTY All that real property situated in the City of Pet<1uma, County of Sonoma, State of California, described as follows: PARCEL ONE:- FOR NTi FOR A POINT OF BEGINNING COMMENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS SAID LOT IS SHOWN 9; SIT ATTON'S OFFICIAL MAP OF THE CITY OP PETALUMA; RUNNING_ THENCE ALONG THE EASTEnY BOUNDARY OF SAID LOT, NORTH 45' 13' WEST 340.17 FEET; THENCE SOUTH 44' 47' WEST Q FEET; THENCE AI ONG THE WESTERLY BOUNDARY OF OAK TERRACE NORTH 45' 13' WEST AND PARALLEL 1-0 THE EAST BOUNDARY OF SAID LOT NO. 451, 138.9 FFM�T; THENCE SOUTH 6? 0 40' WEST 72.9 FEET TO THE POINT OF COMMENCEMENT OF PARCEL ONE. FROM SAID POINT OF BEGINNING RUNNING THENCE SOUTH 67' 40' WEST 28.6 FEET TO THE EASTERLY BOUNDARY OF THIN LANDS OF BROWN AND TRUEBLOOD; THENCE ALONG SAID. BOUNDARY SOUTH 31' 37' F.A."rT 37.5 Nisi, THENCE NORTH 67' 40' EAST 22 FEET; T11ENCE NORTH 22' 20' WEST 37 F'=" TO TIM, POINT OF BEGINNING, BEING A PORTION OF LOT NO.451 AS PER STRATTON'S .M AP. PARCEL TWO: FOR A POINT OF BFGLNXING COMMENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS . SAID LOT IS SHOAN IN STRATTON'S OFFICIAL MAP OF TEE CITY OF PETALUMA; RUNNING -. - T.UNTCE ALONG TLsE. EP.S –M LY SOUN_DAVY OP SAID LOT, NORI'!I 45°. 13'. W—PST340.17 EMT;,_ .:... THRICE SOUTH 44' 47' WEST 40 FEET; TO TITS POINT OF COMMENCEMENT OF THE PARCEL OF LAND HEREIN TO BE DESCRIBED. FROM SAID POINT OF BEGINNLYG RUNNING THENCE ALONG THE WESTERLY BOUNDARY OF OAK TERRACE NORTH 45' 13' VVEST AND PARALLEL TO THE EAST BOUNDARY OF LOT 451 AS PER STRATTON'S OFFICIAL MAP OF T14E CITY OF PETALU-MA A DISTANCE OF 138.9 FEET; THENCE SOUTH 67' 40' WEST AND PARALLEL TO WESTERN AVENUE 72.9 FEET; THENCE AT RIGHT ANGLES SOUTH 22' 2.0' (EAST 87 FEET; THENCE AT RIGHT ANGLES AND PARALLEL TO WESTERN AVENUE NORTH 67` 40' EAST 10 FEST; THENCE AT RIGHT ANGLES SOUTH 22' 20' EAST 50 FEET AND =NCE EA:iI HRLY IN A STRAIGHT LINE 117 FEET, MORE OR LESS, TO THE POlATT OF COMIM4CEh4BNT, B!@NG A PORTION OF LOT 451 AS PER STRATTON'S MAP OF THE CITY OF PETALUMA. EXCEPTING THEREFROM SUCH PORTION THEREOF AS INCLUDED IN THE DEED FROM ELSIE A. FREY AND CLAU'DE C. MY, HER HUSBAND TO tMXNETH I. COLIN, ET UX, DATED MAY 4, 1951 AND RECORDEDIUNB 8, 1951 LINDERRECORDER'S SERIAL NO, D-42780, SONOMA COUNTY RECORDS. PARCEL THREE: COMh¢NCING AT A POINT ON THE NORTHERLY LINE OF WESTERN AVENUE WHERE THE SAID NORTHERLY LINE DnMSECTi4 THE WESTERLY BOUNDARY OF THE CITY OF PETALUMA, THtNCE ALONG SAID NORTIlt3RLY LINE OF WTZMRN AVENUE, SOUTH 79° EAST 23 I=; THENCE NORTH 670 40' EAST 1327.40 FEET; THENCE NORTH 22° 20' WEST 150 FEET; THENCE NORTH 40° 17' EAST 56.40 FEET, THENCE NORTH 40° 23' BAST, 15.10 FEET, MORE OR LESS, TO THE NORTHWESTERLY COpNER OF THAT =AIN PARCEL OF LAND CONVEYED BY FRANKIE E, DURIE, ET AL, TO E.B. RICE BY DEED RECORDED IN BOOK 279 OF DEEDS, PAGE 306, SONOMA COUNTY RECORDS; TRICE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF THE LANDS SO CONVEYED TO E.B. RICE, 100.40 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER-nJERFIOF; TIlENCE NORTH 45` 13' WEST ALONG THE SOUT$WFSTERLY LINE OF OAIK TERRACE WAY 305.19 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE LANDS HEREIN TO BE DESCRIBED. FROM SAID POINT OF BEGINNING RUN SOUTH 67` 40' WEST 77.56 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN THE DEED FROM LUCIE A. CLOUGH, ET AL, TO MYRTLB E. BROWN AND ELLEN E. TRUEBLOOD, DATED NOVEMBER 27, 1931 AND RECORDED IN BOOK 303 OF OFFICIAL RECORDS, PAGE 302; THENCE SOUTH 22' 40' EAST ALONG THE FAST LINE THEREOF, 60.00 FEET; TITENCE CONTINUING ALONG EAST LINE SOUTH 36' 55' EAST, 14.16 FEET; THUICE NORTH 67° 40' FAST 100.15 FEET, MORE OR LESS, TO THE WESTERLY BOUNDARY OF OAE. TERRACE WAY; THENCE ALONG THE WESTERLY EOUNDARY OF OAK TERRACE WAY, NORTEI 45° 13' WEST AND PARALLEL, LEL, TO THE EASTERLY BOUNDARY OF LOT 451, AS PER STRATTON"S OFFICIAL MAP OF THE CITY OF PETALUMA, A DISTANCE OF 81. S FEET MORE OR LESS, TO TIM POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Data personally appeared , before me, Plass Notary Seat Above I ss. Name ami Me of Officer (e.e.,'Jam Doe, Natal NMI Names) of Sk mr(s) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SiBnafura of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: OF SIGNER' `s O 1944 NaUmul Noury AsocGSon•90so De sotoM,,P.O. bas 4602•GhatrnaN.00.6IJta•21a2•www.wlwwlwtaryoq PmC No. 5907 Rnmtlec Gag TO -Fm 1-800 876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Dale personally appeared , before me, Place Notary Seal Above ss. Name and Title of Officer (e.g.; Jane Doe, Notary Public) Nome(s) of Signer(s) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(si is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: wenn TllumaPNlNr OF SIGNER C 109 Naliwl No -9= De Solo Av ,P.O.e 29x21 ChaCwadh CA 913112102• m nalaluhw4vyorg Pend. W. 5907 reorder. can Toll -Free 14099)9-092) 144214 r • ' • r •. t State of California County of On Date personally appeared Place Notary Seal Above before me. I ss. Name and We of Officer (e a, 'Jane Doe, Notary Publicl Name(s) of Signer(s) ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(les), and that by 'his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages, -.oF SIGNER_'' -I 0 IM National NotaryMaotl a- 5050 De Sato Ave., P.O. Baa2402•rJWts.M,G910I124e2•mvwnaUonaWWryay Prod. No,590] Reorder. rap TO Free 1909brF9B2l -RESOLUTION, SUMMARY VACATE AND ABANDON l PORTION , 1921j, r i , EXECUTE QUIT CLAIM 113 NN pril RESOLUTION NO. N.C.S. OF THE CITY OF PETALUMA, CALIFORNIA RESOLUTION TO SUMMARILY VACATE AND ABANDON A PORTION OF OAK TERRACE WAY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED WHEREAS, the map of the Clough and Young Subdivision of the Carpenter Tract Subdivision Map dated May 1, 1913, depicts Oak Terrace Way; and WHEREAS, the Petaluma City Council, through Resolution No. 2053 C.S., accepted said map; and WHEREAS, a portion of Oak Terrace Way has been improved and is currently being used for vehicular traffic as a public street; and WHEREAS, a portion of Oak Terrace Way is unimproved and has been impassible for vehicular travel for five (5) years and no public money has been expended for maintenance; and WHEREAS, William Robert Bramblett and Alicia Dollling Keshishlan, Individually and as Trustees of the Bramblett-Keshishian Family Living Trust ("Bramblett"), the current owners of 717 Oak Terrace claim all right, title, and interest in said unimproved portion of Oak Terrace Way ("Disputed Land"), more particularly described in Exhibit A WHEREAS, the City of Petaluma disputes Owners' position but has agreed to initiate vacation proceedings to vacate said Disputed Land and contingent on Owners paying the City the sum of Ten Thousand Dollars ($10,000); and WHEREAS, the Disputed Land is not required for street or highway purposes; and WHEREAS, no public facilities or public service easements are located within said disputed Land; and WHEREAS, pursuant to Section 8330 et. seq. of the California Streets and Highways Code, the City may summarily vacate a public right of way. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council finds that: I. The Disputed Land to be vacated is fully described in Exhibit A attached hereto and incorporated herein; and 2. The vacation is made pursuant to Sections 8330 et. seq, of the California Streets and Highways Code. BE IT FURTHER RESOLVED based on these findings, that from and after the date this resolution is recorded, and after payment by owners of Ten Thousand Dollars ($10,000) to the City of Petaluma: the Disputed Land is vacated and does not longer constitute a public right of way; and BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, after receipt from Bramblett of Ten Thousand Dollars ($10,000), to execute and record with the Office of the County Recorder, a Quitclaim Deed for the vacated public right of way which Quit Claim Deed to include the following language: "Grantee shall have no greater development potential by the inclusion of the land described herein with any other adjoining parcels that Grantee may own. However, nothing contained herein shall in any way expand or diminish the existing development rights Grantee may have in said adjoining parcels. Nothing contained herein shall preclude any future owner of the land described herein from making a petition to the Petaluma City Council for a resolution having this deed restriction removed. These restrictions are included and described in and are subject to an Agreement between Grantee and the Grantor and are intended to be binding on the successors in interest to Grantee as covenants running with the land and/or equitable servitudes. The property granted herein is also subject to a "Deed Restriction and Agreement" BE IT FURTHER RESOLVED that the City Clerk is ordered to record a certified copy of this resolution in the Office of the County Recorder. PASSED and ADOPTED this day of , 2005, by the following vote: AYES: NOES: ABSTAIN: ATTEST: CITY OF PETALUMA City Clerk Mayor 729229 reso 1/12/05 (fink) EXHIBIT A LEGAL DESCRIPTION SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA. A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO. 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT AND ALICIA DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING TRUST AS DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000-110928, SONOMA COUNTY RECORDS, SAID CORNER BEING MARKED BY A FIVE-EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29, SONOMA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY NORTH 45'02'55" WEST, 203.94 FEET TO A FIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS HEIGHTS FILED IN BOOK 66 OF MAPS AT PAGE 10, SONOMA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 66° 25' 10" EAST, 42.98 FEET TO THE EASTERLY LINE OF SAID LOT 451; THENCE ALONG THE EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02'55" EAST, 188.21 FEET; THENCE SOUTH 44° 57'05" WEST, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,843 SQUARE FEET MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY. . I A 0� STEVEN J. FRANCHI, P.L.S. 63,6.8., EXPIRATION DATE 12131106" " I.. NO. 6368 EXP. 12-31-06 -sh(go3 DATE STEVEN J. LAFRANCHI & ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 02661M.doc -'=.Vld,NS HEA3�S SUBDIK909 66 MAPS 10 L07'5 S7R4;rTaV MAP CF THE CITrOFPETALUMA LOT 451 LANDS OF RRAUSIE7T—KESHISHIAN FAMILY LIVING' TRUST DN 2000-110928 (A, -N 005-383-022) POINT OF BEGINNING is e STEVEN J. LAFRANCHI &ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSMSS CENTER COURSE DATA N 65-2510* E 42.98 S 4457*05* IN 40,00' 0 CD ap + LA: ln LEGEND FOUND 5/8* REBAR RCE 18200 POINT OF BEGINNING is e STEVEN J. LAFRANCHI &ASSOCIATES CIVIL ENGINEERS - LAND SURVEYORS PETALUMA MARINA BUSMSS CENTER