HomeMy WebLinkAboutStaff Report 4.C 07/11/20054.0
CITY OF PETALUMA, CALIFO%NIA
AJuly f 200
AGENDA BILL
Agenda Title: Discussion and Action Adopting a Resolution Meeting Date: July 11, 2005
Authorizing the Execution of the First Amendment to the Exclusive
Negotiating Rights Agreement with Regency Petaluma LLC, Meeting Time: ® 3:00 PM
Regarding the Possible Sale of Petaluma Swim Center and Adjacent ❑ 7:44 PM
Property
Category (check one): FX Consent Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department:Director: Contact Person: Phone Number:
ED & Redevelopment I Paul Marangella r� Paul Marangella 778-4581
Cost of Proposal: 0 Account Number: NA
Amount Budgeted: 0 Name of Fund: NA
Attachments to Agenda Packet Item:
1. Resolution Authorizing the First Amendment to the Exclusive Negotiating Rights Agreement with
Regency Petaluma, LLC, Regarding the Possible Sale of Petaluma Swim Center and Adjacent
Property
2. ENRA approved May 3, 2004.
Summary Statement:
On May 3, 2004, the City Council authorized the City Manager to enter into an Exclusive Negotiating
Rights Agreement (ENRA) to allow Regency Petaluma LLC, (Regency) to pursue a comprehensive
approach to the redevelopment of the Kenilworth site by creating a retail gateway. Since then, the City and
Regency have been working diligently with the 4`h District Agricultural Association (4 -DAA) to complete a
prerequisite transaction to amend the City's lease with the 4 -DAA to provide access to the
Kenilworth/Regency site. This transaction has been delayed due to complex processes required by the
State of California.
The current ENRA expired on June 14, 2005, and it is in the interests of both the City of Petaluma and
Regency to extend the agreement. Therefore, attached is the First Amendment to the ENRA, extending the
term of the agreement.
Recommended City Council Action/Suggested Motion:
It is recommended that the City Council approve a resolution authorizing the execution of the First
Amendment to Exclusive Negotiating Agreement, extending the term to June 30, 2006.
Deviewed by 1 nee Director: Reviewed by City Attorney: A r v City Manager:
I /"{ Date: Date: Date:
Today's Date: ` Revision # and Date Revised: Fileode:
06/23/05 #
CITY OF PETALUMA, CALIFORNIA
JULY 11, 2005
AGENDA REPORT
DISCUSSION AND ACTION ADOPTING A RESOLUTION AUTHORIZING THE EXECUTION OF THE FIRST
AMENDMENT TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH REGENCY PETALUMA LLC,
REGARDING THE POSSIBLE SALE OF PETALUMA SWIM CENTER AND ADJACENT PROPERTY
1. EXECUTIVE SUMMARY:
On May 3, 2004, the City Council authorized the City Manager to enter into an Exclusive Negotiating
Rights Agreement (ENRA) to allow Regency Petaluma LLC, (Regency) to pursue a comprehensive
approach to the redevelopment of the Kenilworth site by creating a retail gateway. Since then, the City
and Regency have been working diligently with the 4`h District Agricultural Association (4 -DAA) to
complete a prerequisite transaction to amend the City's lease with the 4 -DAA to provide access to the
Kenilworth/Regency site. This transaction has been delayed due to complex processes required by the
State of California.
The current ENRA expired on June 14, 2005, and it is in the interests of both the City of Petaluma and
Regency to extend the agreement. Therefore, attached is the First Amendment to the ENRA, extending
the term of the agreement.
2. BACKGROUND:
On January 1, 1972, the City of Petaluma leased the current fair site to the 4`h District Agricultural
Association (4 -DAA.). Over the years since, there have been several modifications to the lease. The
Swim Center was excluded from the lease and remained in City control.
In November 2003, the Petaluma Community Development Commission (PCDC) received a draft Retail
Strategy in which the Kenilworth/Fairgrounds site was recommended for retail uses that would reduce or
eliminate the retail leakage to adjacent cities.
On May 3, 2004 the City entered into the ENRA with Regency. This allowed Regency to pursue a
comprehensive approach to the redevelopment of the Kenilworth site by negotiating with the City
regarding the creation of a retail gateway at the Swim Center Site. Execution of the Exclusive
Negotiating Rights Agreement (ENRA) provided a, one-year period during which Regency and the City
could negotiate the terms and conditions governing disposition of the site and its redevelopment and
would concurrently allow the City to negotiate regarding relocation of the Swim Center. Execution of
the ENRA extension does not obligate Regency to acquire the property, nor does it obligate the City to
convey the Swim Center Site to Regency, or any other party or to grant any approvals in commection
with development of the Kenilworth site or the Swim Center Site. .Any such disposition would require
the further approval of the City Council.
From May 2004 to the present, representatives from the City, Regency and the 4 -DAA have worked
diligently to meet the requirements of the State of California with respect to amending the 4-DAA's
lease with the City. That process is not yet complete, delaying negotiations on the ENRA.
2 <'
3. ALTERNATIVES:
A. Extend Term of ENRA: Under this option, the City Council would authorize the City Manager to
execute the First Amendment to the ENRA, extending the term of the agreement until June 30,
2006. The City would have no obligation to convey the property or to grant any approvals in
connection with its development.
B. Allow ENRA to Lapse: Under this option, the City Council would defer consideration of
redeveloping the Swim Center site until a later time. This alternative may have consequences with
regard to the development of the Kenilworth site.
4. FINANCIAL IMPACTS:
There are no financial impacts to approving the First Amendment to the ENRA.
5. CONCLUSION:
As part of a comprehensive redevelopment project related to the sale of the Kenilworth site, Regency
has expressed interest in redeveloping the Swim Center site as an attractive commercial gateway to their
development. Extending the term of the ENRA allows the City Council to determine the feasibility of
selling or leasing the site.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
Extending the term of the ENRA will allow the City to determine the feasibility of redeveloping the
Swim Center.
7. RECOMMENDATION:
It is recommended that the City Council adopt the attach resolution authorizing the City Manager to
execute the First Amendment to Exclusive Negotiating Rights Agreement.
3
Attachment I
RESOLUTION # 2005 -
AUTHORIZING EXECUTION OF THE FIRST
AMENDMENT TO THE EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT WITH REGENCY PETALUMA LLC,
REGARDING THE POSSIBLE SALE OF PETALUMA SWIM
CENTER AND ADJACENT LAND
WHEREAS, Regency Petaluma LLC. (Regency) has purchased the Kenilworth School
Site from Petaluma Schools;
WHEREAS, Regency's purchase of the Kenilworth School Site has enabled the School
District to construct a new junior high school to replace the dilapidated school facilities currently
located on the Kenilworth School Site;
WHEREAS, the City -owned swim center located on the property commonly known as
900 East Washington Boulevard (the "Swim Center Site") is outdated and in need of
improvements, repairs and updated equipment, and the City wishes to explore whether the
construction of a new swim center at a different location may better serve the needs of the
Petaluma community;
WHEREAS, the City and Regency are currently negotiating with the Fourth District
Agricultural Association (4 -DAA) regarding a possible amendment to the lease of the
Fairgrounds executed by and between the City and the Association in order to exclude from the
Lease the Skateboard and Solar Collector areas and road casement area;
WHEREAS, Regency believes that the Swim Center Site and the Skateboard and Solar
Collector Area may serve as a useful gateway to commercial development on the Kenilworth
School Site;
WHEREAS, the redevelopment of the Kenilworth School Site and the Pool Property will
be of benefit to the City of Petaluma and the Community Development Project Area, and will be
consistent with the redevelopment plan adopted for the Project Area;
WHEREAS, on May 3, 2004, the City of Petaluma entered into an Exclusive
Negotiating Rights Agreement with Regency Petaluma, LLC., with an expiration date of June
15, 2005;
WHEREAS, negotiations with the 4 -DAA have not yet been completed due to
requirements imposed by the State of California, thereby delaying negotiations in connection
with and Exclusive Negotiating Rights Agreement (ENRA)
4
WHEREAS, execution of the First Amendment to the Exclusive Negotiating Rights
Agreement will enable the City and Regency to continue to plan for the orderly development and
reuse of the Kenilworth School Site and the Property; and
WHEREAS, the First Amendment to the Exclusive Negotiating Agreement does not
obligate the Developer to purchase the Kenilworth School Site or the Property, nor does the
Agreement obligate the City to sell the Property to Developer or to any other party;
NOW THEREFORE BE IT RESOLVED, the Petaluma City Council hereby
authorizes the City Manager to execute the First Amendment to the Exclusive Negotiating Rights
Agreement, attached hereto as Exhibit 1, pursuant to which Regency shall extend the exclusive
right until June 30, 2005 to negotiate with the City regarding the terms and conditions for the
possible lease or sale of Swim Center Site to Regency.
Adopted this 11th day of July, 2005 by the following vote:
Councilmember Aye No Absent
Glass
Canevaro
Harris
Healy
Nau
O'Brien
Torliatt
David Glass, Mayor
ATTEST:
Claire Cooper, City Clerk
Exhibit 1
FIRST AMENDMENT TO
EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
THIS FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT ("First
Amendment") is entered into effective as of June 1, 2005 (the "Effective Date") by and between the City of
Petaluma, a municipal corporation ("City") and Regency Petaluma LLC, a Delaware limited liability company
("Regency"). City and Regency are hereinafter collectively referred to as the "Parties." Capitalized terms
used but not defined herein shall have the meaning ascribed to such terms in the Agreement (as hereinafter
defined).
WHEREAS, effective as of June 15, 2004, the Parties entered into that certain Exclusive Negotiating
Rights Agreement (the "Agreement') with respect to real property located within the City of Petaluma (which
property includes the Swim Center Site located at 400 East Washington Boulevard) as more particularly
described in the Agreement;
WHEREAS, the Agreement will expire on June 14,2005;
WHEREAS, negotiations with respect to the Excluded Area have not been completed; and
WHEREAS, the Parties desire to amend the Agreement in order to provide for an extension of the
Term.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged the Parties agree as follows.
effect.
The Term of the Agreement is hereby extended until June 30, 2006.
2. All other terms and conditions of the Agreement shall remain unchanged and in full force and
SIGNATURES ON FOLLO9,7NG PAGE.
a
IN WITNESS WHEREOF, City and Regency have executed this First Amendment to Exclusive
Negotiating Rights Agreement as of the date first written above.
CITY OF PETALUMA
By:
Naive:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
REGENCY PETALUMA LLC,
A Delaware limited liability company
By: Regency Petaluma, a Delaware limited liability company
Its: Manager and Sale Member
By:
Thomas K. Engberg,
Its: Senior Vice President
■1
Attachment 2
Exclusive Negotiating Rights Agreement
0
THIS EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (this "Agreement') is entered
into effective as of June 15, 2004 (`Effective Date") by and between the City of Peraluma, a municipal
corporation ("City") and Regency Petaluma LLC, a Delaware limited liability company ("Regency' ?.
City and Regency are hereinafter collectively referred to as rhe "Parties."
WHEREAS, Regency is a wholly-owned and controlled subsidiary of Regency Realty Group,
Inc., a Florida corporation ("Regency Group");
WTIEREAS, Regency has purchased the real property on which the Kenilworth Junior High
School is located (Sonoma County Assessor's Parcel Nos. 00703100I, 007251001, 007241002,
and 007473001 (ptn.) and collectively hereafter referred to as the "Kenilworth School Site");
WHEREAS, the purchase of the Kenilworth School Site will enable the Petaluma School
District to construct a new junior high school to replace the dilapidated school facilities currently located
on the Kenilworth School Site;
WHEREAS, the City -owned swtim center located on the property commonly known as 900
East Washington Boulevard ("S)Nzm Center Site') is outdated and in need of improvements, repairs
and updated equipment, and the City wishes to explore whether the construction of a new switn center
at a different location may better serve the needs of the Petaluma community;
WHEREAS, the Parties and Regency Group are currently negotiating with the Fourth District
Agricultural Association ("Association") regarding a possible amendment ("Amendment") to the
lease of the Fairgrounds executed by and between the City and the Association (the "Lease") in order
to exclude from the Lease the area depicted in Exhibit A attached hereto (the "Excluded Area") which
includes the "Easement Area" depicted in Exhibit B together with the property to the north and east
of the Easement Area, including without limitation, the Swim Center Site (hereafter, the term
"Property" shall mean the Excluded Area less the Easement Area);
WHEREAS, the Petaluma City Council has approved the provision of an option pursuant to
which Regency and Regency Group would have the right to acquire an access easement across the
Easement Area that would be exercisable upon the satisfaction of certain conditions, including without
limitation, execution of the Lease Amendment and environmental review of the project proposed for the
Kenilworth School Site;
WHEREAS, Regency and Regency Group believe that the Property may serve as a useful
gateway to commercial development on the Kenilworth School Site;
WHEREAS, the redevelopment of the Kenilworth School Site and the Property will be of
benefit to the City of Petaluma and the Community Development Project Area ("Project Area'), and
will be consistent with the redevelopment plan adopted for the Project Area;
a
688973-4
WHEREAS, at its meeting of ivlay 3, 2004, the Petaluma City Council directed staff to pursue
negotiations with Regency regarding Regency s proposed development of the Property, and authorized
staff to prepare, and the City Manager to sign, an agreement granting Regency exclusive rights to
negotiate with City regarding the terms and conditions for the possible sale of the Property to Regency,
WHEREAS, the purpose of this Agreement is to enable the Parties to plan for the orderly
development and reuse of the Kenilworth School Site and the Property, and this Agreement does not
obligate the Regency to purchase the Property, nor does this Agreement obligate the City to sell the
Property to Regency or to any other party;
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows.
I. Good Faith Efforts to Negotiate. During the term of this Agreement, the Parties shall diligently
and in good faith negotiate the terms and conditions governing the possible disposition of the Property to
Regency. This Agreement does not obligate Regency to acquire any interest in the Kenilworth School
Site or in the Property, nor does this Agreement obligate City to convey any interest in the Property to
Regency or any other party or to grant any approval or authorization required for development of the
Kenilworth School Site or the Property.
2. Regencv's Exclusive Right to Negotiate With Citv. City agrees that it will not, during the term
of this Agreement, solicit other offers or engage in negotiations with any other entity regarding the sale or
lease, or the grant of easements over, or the transfer of any other interest in, the Property and the
buildings located thereon.
3. Term: Evidence of Site Control. The term of this Agreement ("Term") shall commence on the
Effective Date, and shall terminate one year thereafter, unless earlier terminated as provided herein.
Notwithstanding any contrary provision contained herein, this Agreement shall terminate and be of no
further effect if by June 30, 2004, neither Regency nor Regency Group has acquired title to the
Kenilworth School Site. On or before June 30, 2004, Regency shall provide evidence reasonably
acceptable to City that Regency or Regency Group possesses title to the Kenilworth School Site,
4. Relationship of Parties. The Parties agree that nothing in this Agreement shall be deemed or
interpreted to create between them the relationship of lessor and lessee, of buyer and seller, or of
partners or joint venturers.
5. Regencv's Studies. During the Term, Regency shall prepare, at Regency's sole expense, any
studies, surveys, plans, specifications and reports ("Regency's Studies") Regency deems necessary or
desirable in Regency's sole discretion, to determine the suitability of the Property for development. City
is entering into this Agreement without monetary compensation. In lieu of such compensation, if City
and Regency are unable to reach agreement upon the terms and conditions for sale or other disposition
688973-4 1 O
of the Property to Regency. Regency shall provide City with copies of Regency's Studies within 10
days following expiration of the Term or earlier termination of this Agreement.
6. Expenses. Except as otherwise expressly provided herein, all costs and expenses incurred in
connection with this Agreement and the activities contemplated hereby shall be paid by the Party
incurring the same; provided however, Regency shall reimburse the City for its reasonable attorneys'
fees and expenses incurred in connection with the negotiation and preparation of a purchase and sale or
other agreement conveying the Property or any interest therein to Regency.
7. Confidentialitv. During die term of this Agreement, each Party shall obtain the consent of the
other Party prior to issuing or permitting any of its officers, employees or agents to issue any press
release or other information to the press or any third party with respect to the negotiations undertaken
pursuant to this Agreement; provided however, no Party shall be prohibited from supplying any
information to its representatives, agents, attorneys, advisors, fmancing sources and others to the extent
necessary to accomplish the activities contemplated hereby so long as such representatives, agents,
attorneys, advisors, financing sources and others are made aware of the terms of this Section. Nothing
contained in this Agreement shall prevent either Party at any time from furnishing any required
information to any governmental entity or authority pursuant to a legal requirement or from complying
with its legal or contractual obligations.
8. Execution of Purchase and Sale Amement. If the Parties successfully negotiate the terms of a
purchase and sale agreement, prior to execution of such agreement, City shall follow all procedures
required pursuant to the Petaluma Municipal Code and other applicable law pertaining to the disposition
of City property, including without limitation, the publication of notice and the conduct of public
beatings.
9. Termination This Agreement may be terminated at any time by mutual consent of the Parties.
City shall have the right to terminate this Agreement upon its good faith detemmination that Regency is
not proceeding diligently and in good faith to cant' out its obligations pursuant to this Agreement City
shall exercise such right by providing at least ten (I0) days' advance written notice to Regency which
notice shall describe the nature of Regency's default hereunder, Notwithstanding the foregoing, if
Regency cures such default within such 10 -day period, this Agreement shall remain in effect Regency
shall have the right to terminate this Agreement, effective upon 10 days' written notice to City, if the
results of its investigation of the Property are unsatisfactory with respect to Regency's desired
development activities. Notwithstanding anything to the contrary contained herein, this Agreement shall
terminate without notice and shall be of no further force and effect on such date that Regency ceases to
have an ownership interest in the Kenilworth School Site. Neither Party shall have the right to seek an
award of damages as a result of the termination of this Agreement pursuant to this Section.
10. Effect of Termination Upon termination as provided herein, or upon the expiration of the Tenn
and any extension thereof without the Parties having successfully negotiated a purchase and sale
agreement, this Agreement shall forthwith be void, and there shall be no fitrther liability or obligation on
the part of either of the Parties or their respective officers, employees, agents or other representatives;
688973-4
Section 6 (Expenses), Section 7 (Confidentiality), Section 12 (Indemnification) and Section 16
(No Brokers) shall survive such termination.
11. Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their
respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other parties in accordance with this Section. All such
notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case
notice shall be deemed delivered on receipt if delivery is confirmed by a return
receipt;
(iii) nationally recognized overnight courier, with charges prepaid or
charged to the sender's account, in which case notice is effective on delivery if
delivery is confirmed by the delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-
class or certified mail or by overnight delivery, or (b) a transmission report is generated
reflecting the accurate transmission thereof. Any notice given by facsimile shall be
considered to have been received on the next business day if it is received after 5:00 p.m.
recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
PO Box 61
Petaluma, CA 94953
Telephone: 707-778-4360
Regency: Regency Petaluma LLC
c/o Regency Realty Group, Inc.
1850 Mt. Diablo Blvd., Suite 225
Walnut Creek, CA 94596
Attn: Tom Engberg
Telephone: (925) 279-1760
Facsimile: (925) 935-5902
With copy to: Hanson Bridgett Marcus Vlahos Rudy LLP
80 E. Sir Francis Drake Blvd, Suite 3E
Larkspur, CA 94939
Attn: Mary K. McEachron
688973-t 4
12. Indemnification. Regency hereby covenants, on behalf of itself and its permitted
successors and assigns, to indemnify, hold hamiless and defend the City of Petaluma and its
elected and appointed officials, officers, agents, representatives and employees
("Indemnitees") from and against all claims, demands, liabilities, judgments, awards, expenses
(including without limitation reasonable attorneys' fees and litigation costs), losses, damages,
costs and (collectively "Claims') arising out of or in connection with this Agreement except to
the extent the same is the result of the gross negligence or wiilfud misconduct of any Indemnitee.
13. Severability. If any term or provision of this Agreement or the application thereof shall,
to any extent, be held to be invalid or unenforceable, such term or provision shall be ineffective
to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable
the remaining terms and provisions of this Agreement or the application of such tents and
provisions to circumstances other than those as to which it is held invalid or unenforceable
unless an essential purpose of this Agreement would be defeated by loss of die invalid or
unenforceable provision.
I4. Entire Agreement; Amendments in Writing; Countemarts. This Agreement contains the
entire understanding of the Parties with respect to the subject matter hereof and supersedes all
prior and contemporaneous agreements and understandings, oral and written, between the
Parties with respect to such subject matter. This Agreement may be amended only by a written
instrument executed by the Parties or their successors in interest. This Agreement may be
executed in multiple counterparts, each of which shall be an original and all of which together
shall constitute one agreement.
15. Successors and Assians; No Assignment Without Consent; No Third -Party
Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns; provided however, Regency shall not transfer or assign
any of Regency's rights hereunder by operation of law or otherwise without the prior written
consent of the City, and any such transfer or assignment without such consent shall be void.
Subject to the immediately preceding sentence, this Agreement is not intended to benefit, and
shall not run to the benefit of or be enforceable by, any other person or entity other than the
Parties and their permitted successors and assigns.
16. No Brokers. Each Party warrants and represents to the other that no brokers have
been retained or consulted in connection with this transaction other than as disclosed in writing
to the other Party. Each Party agrees to defend, indemnify and hold harmless the other Party
from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty
and representation. The terms of this Section shall survive the expiration or earlier termination
of this Agreement.
688973-4 5
17. Captions. The captions of the sections and articles of this Agreement are for
convenience only and are not untended to affect the interpretation or construction of the
provisions hereof.
18. Govemina Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
IN WITNESS WHEREOF, die Parties have executed this Agreement as of tie date first
wR•itten above.
CITYy�.OF PET.ALUNIA
Name: rA, j /1cL C '7�(Hti
Title-
ATTEST:
itle
ATTEST:
Ci�Cl f tti./
ry Cie
APPROVED AS.TO FORM:
By:
City ' ttomey
REGENCY PETALUIIVIA. LLC,
A Delaware limited liability company
By: Regency Realty Group, Inc., a Florida corporation
Its: Manager and Sole Member
By: �c
Thom g erg
Its: Senior V President
688973.4 6 1
SIGNATURE ROUTING SHEET
FOR
ReQencv Exclusive NeRotiatina Riehts Aerecment
(AgreemenriProject Title)
Please keep the original of this document with the City Clerk's executed original of the contract.
CITY OF PETALUMA
City Manager
ATTEST:
&4, &�-j
City Clerk t�
APPROVED AS TO FORM:
City, Umey
APPROVED _
Department Director
APPROVED:
�R3k Manager
APPROVED:
Q-- "T 2 8 2004
Finan rect
SIGNATURE ROUTINn CIJPFF I`-'-
'5
Exhbit A
EXCLUDED ARES,.
(Attach Iegal description ofarea to be excluded from Fairgrounds Lease,)
688973-4 `�
Exhibit B
EASEMENT AREA
(Attach legal description of Easement Area.)
688473-4
�—I
Exhibit A
EXCLUDED AREA
(Attach legal description of area to be excluded from Fairgrounds Lease.)
6889734
M
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PETALUMA, COUNTY OF
SONOMA. STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND BRASS DISC N A STANDARD CITY MONUMENT BOX,
MARKING THE INTERSECTION OF THE CENTERLINES OF EAST WASHNGTON STREET AND
PAYRAN STREET, FROM WHICH A FOUND BRASS DISC IN A STANDARD CITY MONUMENT
BOX, MARKING THE INTERSECTION OF THE CENTERLNE OF EAST WASHINGTON STREET
WITH THE NORTHERLY CITY LIMIT LINE. AS SHOWN ON THAT CERTAIN UNRECORDED
MAP ENTITLED "OFFICIAL RE -SURVEY" BY GEORGE E. PEARSON DATED NOVEMBER 1953,
ON FILE N THE OFFICE OF THE CITY ENGINEER BEARS NORTH 36'02'07"EAST, 1264.41 FEET
(SHOWN AS NORTH 36'02'33"EAST, 1264.34 FEET ON SAID MAP); THENCE ALONG SAID
CENTERLINE, NORTH 36°02'07" EAST, 763.59 FEET; THENCE LEAVING SAID CENTERLINE,
SOUTH 53057'53" EAST, 30.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF EAST
WASHINGTON STREET AS SHOWN ON SAID MAP, SAID PONT BEING THE TRUE PONT OF
BEGN'NING; THENCE SOUTH 53°57'53" EAST, 220.62 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE. OF 90°25'37'; AN
ARC LENGTH OF 363.00 FEET; THENCE NORTH 35°36'30" EAST, 325.70 FEET TO THE
SOUTHWESTERLY LINE OF THE LANDS OF PETALUMA CITY HIGI-I SCHOOL DISTRICT
DESCRIBED BY DEED RECORDED SEPTEMBER 16, 1955 N BOOP: 1377 OF OFFICIAL
RECORDS, PAGE 182, SONOMA COUNTY RECORDS; THENCE ALONG SAID
SOUTHWESTERLY LINE, NORTH 54°23'30" WEST, 430.67 FEET TO THE BEGINNING OF A
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, WHICH RADIUS
PONT BEARS SOUTH 63°24'35" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19°43'51", AN ARC LENGTH OF 8.61 FEET TO A POINT OF
CUSP MARKED BY A FOUND 6" BY 6" CALTRANS MONUMENT AS SHOWN ON THAT
CERTAIN STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF
HIGHWAYS RIGHT OF WAY RECORD MAP R-90.6 AND R -90.6a, ON FILE AT CAL -TRANS
DISTRICT 4 OFFICE SAID POINT BEING ON THE SOUTHEASTERLY LINE OF WASHINGTON
STREET; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 46°19'16" WEST. 8.72 FEET;
THENCE SOUTH 44028'54" WEST, 10353 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE LEFT, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 8003'25", AN ARC LENGTH OF 3.52 FEET: THENCE
SOUTH 36025'29" WEST, 20.52 FEET; THENCE NORTH 53°34'31" WEST, 0,44 FEET TO A PONT
ON THE SOUTHEASTERLY LINE OF EAST WASHINGTON STREET AS SHOWN ON SAID
UNRECORDED MAP ENTITLED "OFFICIAL RE -SURVEY"; THENCE ALONG SAID
SOUTHEASTERLY LINE SOUTH 36002'07" WEST, 427.75 FEET TO THE TRUE PONT OF
BEGINTiNG.
CONTAINING 237t809 SQUARE FEET. MORE OR LESS.
JONATHAN R. OLIN L.S. 7590
EXPIRES 3131:2006
END OF DESCRIPTION
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R=230.00' -
L=363.00'
G--90'25'37"
N 53'34'31" W
0.44' --�
36.02'07" W
EAST WASHINGTON STREET (60.00' WIDE)
1264.41' (MON—MON)
S
R=25.00'
L=3.52'
6= 8'03'25"
S 44'28'54"
36'25'29" W
20.52'
DETAIL.9
N.T.S.
LEGEND
_ MONUMENT LINE
— — PROPERTY UNE
EASEMENT LINE
O FOUND CITY WELL MOUMENT
EASEMENT AREA
vp" 1X/Il�7'ZZ,ER I�LZ..Y
C 0 N 5 U L T! N 0 £ N 0 1 N E E N 0
427.75' SEE \ j 'SEE
oDETAtL ETAIL
O
0a�A
�
54" w
103.53"
ET WIDENING EXCEPT ON FROM LEASE
.EL EXHIBIT A, PETALUMA FAIRGROUNDS
U
& RIDE FACILITY AGREEMENT FOR
LOPMENT. USE AND MAINTENANCE
D OCTOBER 3, 1996. .60
x
_U
�y x
O U
rn a
N :2
.t J
uJ H
za
0
N 35'36'30' E 325.70'
DETAIL
B
N.T.S.
1
S 46 W
S 44-28'54- x, 8.72.72'
z+ v' R=25.00'
L=8.61'
ni A=19'43'51"
W p
w s,±
o N
CITY OF PETALUMA i
COUNTY OF SONOMA, STATE OF CALIFORNIA
EXHIBIT A
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
ACCESS EASEMENT
Scale: 1"=100' I Dote: 8/16/04 i
WAN. AE9 AREA SHEET NO.
917 ann c r
iY1
vr�
Ln
z
a !
—
a
c
i
R=230.00' -
L=363.00'
G--90'25'37"
N 53'34'31" W
0.44' --�
36.02'07" W
EAST WASHINGTON STREET (60.00' WIDE)
1264.41' (MON—MON)
S
R=25.00'
L=3.52'
6= 8'03'25"
S 44'28'54"
36'25'29" W
20.52'
DETAIL.9
N.T.S.
LEGEND
_ MONUMENT LINE
— — PROPERTY UNE
EASEMENT LINE
O FOUND CITY WELL MOUMENT
EASEMENT AREA
vp" 1X/Il�7'ZZ,ER I�LZ..Y
C 0 N 5 U L T! N 0 £ N 0 1 N E E N 0
427.75' SEE \ j 'SEE
oDETAtL ETAIL
O
0a�A
�
54" w
103.53"
ET WIDENING EXCEPT ON FROM LEASE
.EL EXHIBIT A, PETALUMA FAIRGROUNDS
U
& RIDE FACILITY AGREEMENT FOR
LOPMENT. USE AND MAINTENANCE
D OCTOBER 3, 1996. .60
x
_U
�y x
O U
rn a
N :2
.t J
uJ H
za
0
N 35'36'30' E 325.70'
DETAIL
B
N.T.S.
1
S 46 W
S 44-28'54- x, 8.72.72'
z+ v' R=25.00'
L=8.61'
ni A=19'43'51"
W p
w s,±
o N
CITY OF PETALUMA i
COUNTY OF SONOMA, STATE OF CALIFORNIA
EXHIBIT A
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
ACCESS EASEMENT
Scale: 1"=100' I Dote: 8/16/04 i
WAN. AE9 AREA SHEET NO.
917 ann c r
Exhibit B
EASEMENT AREA
(Attach legal description of Easement Area.)
688973-A
a\
EXHIBIT B
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PETALUM.A, COUNTY OF
SONOSIA, STATE, OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND BRASS DISC N A STANDARD CITY 1�30NUMENT BOX,
MARKING THE INTERSECTION OF THE CENTERLINES OF EAST WASHINGTON STREET AND
PAYRAN STREET, FROM WHICH A FOUND BRASS DISC N A STANDARD CITY MONUMENT
BOX, MARKING THE INTERSECTION OF THE CENTERLINE OF EAST WASHINGTON STREET
WITH THE NORTHERLY CITY LIMIT LINE, AS SHOWN ON THAT CERTAIN UNRECORDED
MAP ENTITLED "OFFICIAL RE -SURVEY" BY GEORGE E. PEARSON DATED NOVEMBER, 1953,
ON FILE IN THE OFFICE OF THE CITY ENGINEER BEARS NORTH 36'02'07"EAST, 1264.41 FEET
(SHOWN AS NORTH 36'02'33"EAST, 1264.34 FEET ON SAID MAP); THENCE ALONG SAID
CENTERLNE, NORTH 36°02'07" EAST, 763.59 FEET; THENCE LEAVING SAID CENTERLINE,
SOUTH 53057'53" EAST, 30.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF EAST
WASHINGTON STREET AS SHOWN ON SAID MAP, SAID POINT BEING THE TRUE PONT OF
BEGINNING; THENCE SOUTH 53057'53" EAST, 220.62 FEET TO THE BEGP.N'NING OF A
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°25'37'; AN
ARC LENGTH OF 363.00 FEET; THENCE NORTH 3536'30" EAST, 325.70 FEET TO THE
SOUTHWESTERLY LINE OF THE LANDS OF PETALUMA CITY HIGH SCHOOL DISTRICT
DESCRIBED BY DEED RECORDED SEPTEMBER 16, 1955 N BOOK 1377 OF OFFICIAL
RECORDS, PAGE 132, SONOMA COUNTY RECORDS; THENCE ALONG SAID
SOUTHWESTERLY LINE, NORTH 54°23'30" WEST, 57.00 FEET; THENCE LEAVING SAID LINE,
SOUTH 3536'30" WEST, 324.87 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 90°2537", AN ARC LENGTH OF 336.74 FEET;
THENCE NORTH 53057'53" WEST, 243.62 FEET TO SAID SOUTHEASTERLY LINE OF SAID EAST
WASHINGTON STREET; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 36°02'07"
WEST, 51.00 FEET TO THE TRUE POINT OF BEGNtN'NG.
CONTAINING 57,121 SQUARE FEET, MORE OR LESS.
JONATHAN R. OLN L.S. 7590
EXPIRES 313112006
END OF DESCRIPTION
K/Iq/04
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0
P.O.B. N0 N 0
1 1 M4 O
O h n
1 N 3 n
r}
w STREET WIDENING EXCEPTION FROM LEASE
PARCEL EXHIBIT A, PETALUMA FAIRGROUNDS 1
PARK & RIDE FACILITY AGREEMENT FOR 1
DEVELOPMENT, USE AND MAINTENANCE oLn
p . an DATED OCTOBER 3, 1996.
a o
N =
VI
S
R=150.00' I z
r
L=236.74' 1 _
1 d 90'25'37"
1 h
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R=230.00' S 3536'30' W 324.87' 30 ,
L=363.00'///////////////////////////////o nn .
ow
4 90'25'37" /t "t
1.
( N 35'36'30" E 325.70' Z
LEGEND i
MONUMENT LINE j!
mr4
PROPERTY LINE
CITY OF PETALUMA
EASEMENT LINE COUNTY OF SONOMA. STATE OF CALIFORNIA!
FOUND CITY WELL MOUMENT 1 EXHIBIT B I
G O N G U L T I N 0 E N a I N! E P e
EASEMENT AREA { PLAT TO ACCOMPANY
LEGAL DESCRIPTION
ACCESS EASEMENT
Scale: 1"=100' j Date: 8/16/04
M. AEB IAREA � SHEFT N4.
CHN. ,wo 57,121 S.F. , r ,