HomeMy WebLinkAboutStaff Report 7.A 07/18/2005�/ A
CITY OF PETALUMA, CALIFORNIA July 1 8, 2005
AGENDA BILL L
Agenda Title: Meeting Date: July 18, 2005
Resolution Authorizing City Manager to Execute Settlement
Agreement and Resolution Vacating a Portion of Oak Terrace Way
and Authorizing the City Manager to Execute a Quitclaim Deed Meeting Time: 3:00 PM
7:00 PM
Cateuory (check one): U Consent Calendar Public Hearing U New Business
❑ Unfinished Business ❑ Presentation
Department: Director: I Contact Person: Phone Number:
City Attorney Richard Rudnansky I Richard Rudnansky 778-4362
Cost of Proposal: None Account Number: N/A
Amount Budgeted: 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 Vacating 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("Owners"), owners of the property located at 717 Oak Terrace ("Existing Property") filed a quiet title
action in Sonoma County Superior Court to quiet title on approximately 7,843 square feet of land
("Disputed Property"). The owners allege that 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 is owned by the Owners. Based on the 1913 subdivision map and
Resolution No. 2053 C.S., which accepted the map, there exists an issue of whether the Disputed Property
is owned by the City. 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, the Owners have signed a Release of Claims and Settlement Agreement. In
essence, the Settlement Agreement calls for the Owners to pay the City of Petaluma $10,000, 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 for the City vacating and abandoning the unpaved portion of Oak Terrace
(Disputed Property), executing the Settlement Agreement, and executing a quitclaim deed whereby the City
releases any and all interest it may have with the exception of any public utilities or public utility
easements, if any, that currently exist on the property and except for access to such utilities and easements
in the Disputed Property. Attached is a Resolution Authorizing the City Manager to Sign the "Release of
Claims and Settlement Agreement" and a Resolution Vacating and Abandoning a Portion of Oak Terrace
Way and authorizing the City Manager to execute a quitclaim deed.
Recommended Citv Council Action/Suggested Motion:
Review and adopt resolutions.
Reviewed by/Fina'hce Director: Reviewed by City Attornev: Anoroved.b if it4 Manager:
L(1ti1b+.�Gi/� Date/IZ1 r i<-'= Date:
Todav's Date: U Revision # and Date Revised:I File Coder
4"763907
CITY OF PETALUMA, CALIFORNIA
JULY 18, 2005
AGENDA REPORT
FOR
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
SETTLEMENT AGREEMENT AND RESOLUTION VACATING
UNIMPROVED PORTION OF OAK TERRACE WAY AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED
EXECUTIVE SUMMARY: William Robert Bramblett and Alicia Dolling Keshishian, as trustees of the
Bramblett-Keshishian Family Trust("Owners"), owners of the property located at 717 Oak Terrace
("Existing Property") filed a quiet title action in Sonoma County Superior Court to quiet title on
approximately 7,843 square feet of land ("Disputed Property"). The owners allege that 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 is owned by the Owners.
Based on the 1913 subdivision map and Resolution No. 2053 C.S., which accepted the map, there exists
an issue of whether the Disputed Property is owned by the City. Staff is of the opinion that the City has
no need or use for the Disputed Property and, therefore, from staffs 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, the Owners have signed a Release of Claims and Settlement Agreement.
In essence, the Settlement Agreement calls for the Owners to pay the City of Petaluma $10,000, that the
current development potential of the Existing Property would not be expanded as a result of any merger
of the Disputed Property, in exchange for the City vacating and abandoning the unpaved portion of Oak
Terrace (Disputed Property), executing the Settlement Agreement, and executing a quitclaim deed
whereby the City releases any and all interest it may have in the Disputed Property except for those
areas within the Disputed Land where public utilities and public utility easements, if any, are currently
located and except for access to such public utilities and easements. Attached is a Resolution
Authorizing the City Manager to Sign the "Release of Claims and Settlement Agreement" and a
Resolution Vacating a Portion of Oak Terrace Way and Authorizing the City Manager to Execute a
Quitclaim Deed.
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 1 attached hereto and is the subject of litigation filed by Williarn
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 except for those areas within the Disputed Land where public utilities
and public utility easements, if any, are currently located and except for access to such public utilities
and easements..
3. ALTERNATIVES: Do not adopt resolution vacating the Disputed Property and proceed with litigation.
4. FINANCIAL IMPACTS: The City would receive $10,000 in this settlement. If settlement is not accepted,
the City will face further litigation costs.
5. 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 Vacating Unimproved
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 surmnarily vacating and abandoning a portion of
Oak Terrace Way and authorizing the City Manager to execute a quitclaim deed.
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STEVEN J. LAFRANCHI & ASSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS
PETALUWA MARINA-BUSMSS CENTER
775 BAYWOOD DRIVE, SUITE 312
PETALUMA, CALIFORNIA 64954
707-762-3122 FAX 707 782-3239
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STEVEN J. LAFRANCHI & ASSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS
PETALUWA MARINA-BUSMSS CENTER
775 BAYWOOD DRIVE, SUITE 312
PETALUMA, CALIFORNIA 64954
707-762-3122 FAX 707 782-3239
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THE CITE' MANAGER
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 ofthe Carpenter Tract Subdivision Map
dated May 1, 1413 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, a
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 Councilauthorizesthe 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
H731 G26
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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.
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,
related to, or in any way connected with or resulting from any of the events, occurrences,
Page 1 of 8
wal
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:
1. 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 except for those areas within the
Disputed Land where public utilities and public utility easements, if any, are currently located
and except for access to such public utilities and easements. 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
l2-
BRAMBLETT and THE CITY agree to and shall execute and record in the
Official Records of Sonoma County, a "Deed Restriction and Agreemenf' 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.
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 fonn 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 Agreemenf"
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 S
t3
$10,000 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 parry shall pay their own attorney's fees and court costs incurred in
connection with the matters and allegations referred to in Paragraph 1 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 I 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.
S. 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
N
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
W—AIV11Wi]
William Robert Bramblett
Alicia Dolling Keshishian
DATED The Bramblett-Keshishian Family Living Trust,
Dated September 13, 2000
0
William Robert Bramblett, Trustee
Page 7 of 8
1kn
DATED The Bramblett-Keshishian Family Living Trust,
Dated September 13, 2000
In
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
#729496
Page 8 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Date
personally appeared
, before me,
Place Notary Seal Abe"
I ss.
Name and Tide of Officer (e.g., •Jane Doe, Notary Public)
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 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 cr 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 -
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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acknowledged to me that he/she/they executed
the same in his/her/their authorized
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signature(s) on the instrument the person(s), or
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acted, executed the instrument.
WITNESS my hand and official seal.
Signaxe 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 torn 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:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Date
personally appeared
, before me,
Place Notary Seal Above
I ss.
Name aml Title of officer (a.a-. *J.. Doe. Notary PubW)
❑ 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.
Sits mhas of Ndmy 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(les) Claimed by Signer
Signer's Name:
❑ individual
❑ Corporate Officer — TMe(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Number of Pages:
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\
COURSE DATA
N 65'25'10" E 42.98'
S 44!57805* IN 40.00'
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\`• \
LEGEND
FOUND 5j8' REBAR RCE 18200
\ \
POINT OF BEGINNING � \
!J
STEVEN J. LAFRAN CHI Sc ASSOCIATES
CIVIL ENGINEERS -LAND SURVEYORS
PETALUMA MARINA BUS(NE3S CENTER
775 BAYWOOD DRIVE, SUITE.312
PETALUMA, CALIFORNIA 84954
707-762-3122 FAX 707-762-3238
JOSS{ KE-Wl1SNL4N 10256fSW1BTTI. DW r
22
EXHIBIT B
EXHIBIT e)
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 BRAMBLE17
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 UNE
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.
STEVEN J. LAFRANCHI, P.L.S. 6x368.. DATE
EXPIRATION DATE 12/31106 r?
A1' 1-
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
02661LOlA G
EXHIBIT
FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY
SEE EXHIBIT & FOR LEGAL DESCRIPTION
LANDS OF
81?AUSLf 77--KESH151-11AN
FAMILY / IWIVG TRUST
ON 2000-110928
(APN 005-383-022)
POINT OF BEGINNING
L
e
STEVEN J. LAFRANCHI &ASSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS
PETALUMA MARINA BUSINESS CENTER
775 BAYWOOD DRIVE, SUITE, $12
PETALUMA, CALIFORNIA 94954
707-702-3122 FAX 707-762-3239
dOPIN W1791CHMAII npqRtryulpn i n�..
COURSE
DATA
N 65!25'10"
E 42.98'
S 4457'05"
W 40.00'
06
z
in
LEGEND
• FOUND 5/8- REBAR RCE 18200
POINT OF BEGINNING
L
e
STEVEN J. LAFRANCHI &ASSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS
PETALUMA MARINA BUSINESS CENTER
775 BAYWOOD DRIVE, SUITE, $12
PETALUMA, CALIFORNIA 94954
707-702-3122 FAX 707-762-3239
dOPIN W1791CHMAII npqRtryulpn i n�..
EXHIBIT C
2b
RECORDXIYG RBQVE!—) M BY-
Yr'II.LSA.`rt ROBERT BRAMBLI M7 ymd )
AUCLT DOLLING MRISHIAN )
AND WREN RECORDED MAIL TO: )
WnI IAl4I ROBERT BRAMBLETT and j
A11CIA DOLLING K—E9HiSI AN )
717 Oxk Temce )
Petaluma, CaUfomia 94952-2533 j
50F
PUBLtc
181=12800 le:a9 veru
mcoRDING FEE: 13-M
CF:FICIFL REGCRDS or
SONOM COUNTY '
&&'RNSCE R, PETERSON
3
0
No Consideration for Transfer to a Revocable Living Trust
Locum -^a" Transfer Tax. Noae - Not Pursuant to a Sal_
"-ROBT BRAMBLETT
W-UJJA.M ROBERT RWI MLETT (who took title as WILLIAM BR.ANSLETT) and ALICIA
DOLLING KESHfSHiAN (who took titin as ALICIA KESHISMAN), Husband and Wife, as Joint Tenants,
hereby grant to WILIJAM ROBERT BRAIMLETT and ALICIA DOLLING KESHISHIAN, Trustees of the
Brdi iblett-Keshishi,wn Family Living Trost, dated Sept=ber 13, 2000, all that real property situated in the
County of Sonoma, State of California, as is described is 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 MAR -1N
Lx�',
WILLIAM ROBERT BRA_MBLETT
ALJCIA DOLLING KESHISMAN
On September 23, 2000, before me, GARY D, BANGER, Notary Public, personally appealed WILLIAM
ROBERT BRAMBLEIT and ALICIA DOLLING KESHiSIHAN, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the persan(s) whose name(s) Ware subscribed to the within
instrument and acknowledged to me that hetshe/they executed the same in his/her/their authorized crapadty(ies),
and that by his/her/their signatures) oa the instrument the person(s), or the entity upon behalf of which the
persons) acted, executed the instrument.
VMNESS my hand and officii2l seal.
MAIL TAX STATEMENT TO:
WU114M ROBERT BRAMBLETT and
ALICIA DOLLING KFSHISHIAN
717 Oak Terrace
Petaluma, California 94952-2533
r
�'L6
GARY LY. BERGER
Nota. public, State of C'alifbmia
My commission expires May 16, 2003
.rv>
All that real Property situated in th City of Petduma, County of Sonoma, Stale of California, described as
follows_
PARCEL ONE:
FOR A POINT OF BEGINNING COMMENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS
SAID LOT IS SHOWN IN STRATTON'S OFFICIAL MAP OF THE CITY OF PETALMIA; RUNNING_
THENCE ALONG THE EASTERLY BOUNDARY OF SAID LAT, NORTH 45" 13' WEST 340.17 FEET;
THENCE SOUTH 440 47' WTST :;0 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF OAK
TERRACE NORTH 45 ° 13' WFST.AND PARALLEL T O THE EAST BOUNDARY OF SAID LOT NO. 451,
138.9 FEET; THENCE SOUTH 67' 40' WEST 72.9 FEET TO THE POINT OF COMMM C UFN' T OF
PARCEL ONE.
FROM SAID I DINT OF BEGINNING RUNNING THENCE SOUTH 67' 40' WEST 28.6 FEET TO THE
EASTERLY BOUNDARY OF 77E LANDS OF BROWN AND TRUEBLOOD; THENCE ALONG SAID
BOUNDARY SOUTH 31' 37' EAST 37.5 FEET, THENCE NORTH 67° 40' EAST 22 FEET; THENCE
NORTH 22' 20' WEST 37 F= TO 711E POIT`II' OF BEGINNING, BEING A PORTION OF LOT X0.451
AS PER STRATTON'S MAP.
PARCEL TWO:
FOR. A POINT OF BEGL`SNING COMIAENCL AT THE SOUTHEAST CORNIER OF LOT NO. 451 AS -
SAID LOT IS SHOWN IN STRATTON'S OFFICIAL MAP OF THE CITY OF PETALLIIIA; RUNDWO
THENCE ALOyG TLE EASTERLY BoLyt zD RY OF SAID LOT, NORTH 45" 13.'. NVES , B40.17 EEJT;._ .:
THENCE SOUTH 44' 47' WEST 4 FEET; TO THE POINT OF COMMBNCEMEN"T' OF THE PARCEL,
OF LAND HEREIN TO BE DESCRIBED.
FROM SAID POINT OF BEGLNN1,40 RUNNING THENCE ALONG THE WESTERLY BOUNDARY OF
OAK TERRACE NORTH 45' 13' tVFST 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 FELT;
THENCE SOUTH 670 40' WEST AND PARALLEL TO WESTERN AVENUE 72.9 FEET; THENCE AT
RIGHT ANGLES SOUTH 22° 20' FAST 87 FEET,, THENCE AT RIGHT ANGLES AND PARALLEL TO
WESTERN AVENUE NORTH 670 40' EAST 10 FAST; THENCE AT RIGHT ANG%.E5 SOUTH 22° 20'
EAST 50 FEET AND TLiENCE E&WERLY IN A STRAIGHT I. INB 117 FEET, MORE OR LESS, TO THE
POINT OF COMMENCEMENT, BEING A POP TON OF LOT 451 AS PER STRATTON'S MAP OF THE
CITY OF PETALUMA,
E)CCFPTTNG THEREFROM SUCH PORTION THEREOF AS INCLUDED IN THE DEED FROM ELSIE A.
FREY AND CLAUDE C. FREY, HER HUSBAND TO MiNNETH I. COLIN, ET UX, DATED MAY 4,
1951 AND RECORDHDXNE $;1951 UNDERRECORDER'S SERIALNO. D-42780, SONOMA COUNTY
RECORDS.
2-i
PARCEL THREE:
COMMENCING AT A POINT ON ME NORTHERLY LINE OF WESTERN AVENUE WHERE TEE SAID
NORTHERLY LINE INTERSECTS THE WESTERLY BOUNDARY OF THE CITY OF PETALUMA,
THENCE ALONG SAID NORTH]'!RLY LINE OF WESTERN AVENUE, SOUTH 79° EAST 23 I=:
THENCE NORTH 67° 40' EAST 5327.40 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 CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY
FRANKIE E, DURIB, ET AL, TO E.B. RICE BY DEED RECORDED IN BOOK 279 OF DEEDS, PAGE
306, SONOMA COUNTY RECORDS; THENCE NORTHEASTERLY ALONG THE NORTHW`FSTERLY
LINE OF THE LANDS SO CONVEYED TO E.B. RICE, 100.40 FEET, MORE OR LESS, TO THE
NORTHEASTERLY CORNER THEREOF; THENCE NORTH 450 13' WEST ALONG TEE
SOUTHWESTERLY LINE OF OAX TERRACE WAY 305.19 FEET TO A POINT, SAID POINT BEING
THE POINT OF BEGINNING OFTHE 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 OFTHE LANDS DESCRIBED IN THE DEED FROM LUCIE A. CLOUGH,
ET AL, TO MYRTLE E, BROWN AND ELLEN E. TRUEBLOOD, DATED NOVEMBER 27, 1931 AND
RECORDED IN BOOK 303 OF OFFICIAL RECORDS, PAGE 302; THENCE SOUTH 220 40' EAST
ALONG THE EAST LINE THEREOF, 60,00 FEET; THENCE CONTINUING ALONG EAST LINE SOUTH
360 55' EAST, 14.16 FEET; T'HFSifCE NORTH 670 40' EAST 100.15 FEET, MORE OR LESS, TO THE
WESTERLY BOUNDARY OF OAl: 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, S FEET MORE OR LESS, TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED.
29
0,14
�.
RECORDING REQUES r ED BY:
CITY OF PETALUMA
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 li-se Only
EXEMPT FROM RECORDING FEES pursuant to Government code §27383, which reads:"No fee shalt 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 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.
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.
WHEREAS THE CITY has agreed to Quitclaim all right title and interest it may
have in certain property except for those areas within said property where public utilities and
public utility easements, if any, are currently located and except for access to such public utilities
Page 1 of 3
�2
and utility easements more particularly described in Exhibit 1 ("QUITCLAIMED
PROPERTY");
DATED
AGREEMENT
BRAMBLETT and THE CITY agree that BRAMBLETT shall have no greater
development potential in any property adjacent to the QUITCLAIMED
PROPERTY described in Exhibit 1 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
("ADJOIINNG PROPERTY ") or any other property now owned or in the future
acquired by BRAMBLETT or the successors in interest of BRAMBLETT, which
maybe 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 1 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 ADJOINING PROPERTY in favor of
THE CITY and the 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
Page 2 of 3
3�
DATED
Alicia Dolling Keshishian
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
#729607
Page 3 of 3
EXHIBIT I
QUITCLAIM DEED WITH LEGAL METES AND BOUNDS DESCRIPTION
QUITCLAIMED PROPERTY
Page 4 of 5
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
3HTHS I
RVEY F
o s,
►1va-.1
DF SAID LOT 451
44° 57' 05" WEST,
UST AS
1A FIVff
LARKING THE NORTHEASTERLY
SAID RECORD OF SURVEY,
SOUTHERLY LINE OF LOT 3 AS
S FILED IN BOOK 66 OF MAPS
)S• THENCE ALONG THE
1 THENCE A ONd TH42 E FEET
1450 02'55" EAST, 188.21 FEET;
EXCEPTING FROM AND RESERVING THOSE AREAS WHERE PUBLIC
UTILITIES
AND EXCEPTING EXCEPTING AND RESERVING ACCESS AREAS TO SUCH
PUBLIC UTILITIES AND PUBLIC UTILITY EASEMENTS.
CONTAINING 7,843 SQUARE FEET MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED
RECORD OF SURVEY.
#763871
�b
EXHIBIT 2
LEGAL METES AND BOUNDS DESCRIPTION OF ADJOINING PROPERTY
Page 5 of 5 3-1
All that real property situated in tho City of Petaluma, County of Sonoma, Staie of California, described as
follows:
PARCEL ONE:-
FOR
Nii
FOR A POINT OF BEGRNtiNING (:OKMENCE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS
SALT] LOT IS SHOWN IN S'TIIATTON'S OFFICIAL MAP OF THE CITY OF PETALUMA; RUNNING
�
THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT, NORTH 45° 13' WEST 340.17 FEET)
THENCE SOUTH 440 47' WTST e;p FLIRT, THENCE ALONG HE WESTERLY BOUNDARY OF OAK
TERRACE NORTS 45* 13' WEST.AND PARALLEL TO THE EAST BOUNDARY OF SAID LOT NO. 451,
138.9 FF..AT; TEENCE SOUTH 67° 40' WEST 72.9 FENT TO THE POINT OF CON34ENYCEMPNT OP
PARCEL ONE.
FROM SAID POINT OF BEGINNING RUNNING THENCE SOUTH 67° 40'WEST 28.6 FEET TO THE
EASTERLY BOUNDARY OF TRL LANDS OF BROWN AND TRUEBLOOD; THENCE ALONG SAID
BOUNDARY SOUTH 31 ° 37' EAST 37.5 FEET; THENCE NORTH 67' 40' EAST 22 FEET; THENCE
NORTH 22' 20' WEST 37 F1-ffr TO THE POINT OF BEGINNING, BEING A PORTION OF LOT N0,451
AS PER STRATTON'S MAP.
PARCEL TWO:
FOR A POINT OF BEGINNING COMM NICE AT THE SOUTHEAST CORNER OF LOT NO. 451 AS .
SAID LOT is SHOWN IN STRATTON'S OFFICIAL MAP OF THE CITY OF PETALUMA; RUNNING
THENCE ALOYO = EASTED.LY BQUNDA.Y.Y OF SAID LAT, NORTH 45'. 13'. WF_ST?40,17 EST;._.....
THENCE SOUTH 44' 47' WEST 4!0 FEET; TO THE POINT OF COMMENCEMENT OF THE PARCEL
OF LAND HEREIN TO BE DESCMED,
FROM SAID POINT OF BEGINNING RUNNING THENCE ALONG THE WESTERLY BOUNDARY OF
OAK TERRACE NORTH 459 13' NEST AND PARALLEL TO THE EAST BOUNDARY OF LOT 451 AS
PER STRATTON'S OFFICIAL M,4P OF THE MY OF PETALUMA A DISTANCE OF 138.9 FEET;
THENCE SOUTH 670 40' WFST AND PARALLEL TO WESTERN AVENUE 72.9 FEET; THENCE AT
RIGI4T ANGLES SOUTH 220 20' 1EAST 87 FEET; THENCE AT RIGHT ANGLES AND PARALLEL TO
WESTERN AVENUE NORTH 67` 40' EAST 10 FREI; THENCE AT RIGHT ANGLES SOUTH 220 20'
EAST 50 FRET AND THENCE F.4 -Y RLY IN A STRAIGHT LNE 117 FEET, MORE OR LESS, TO THE
POINT OF COMMENCEMENT, BEING A PORTION OF LOT 451 AS PER STRATTON'S MAP OF THE
CITY OF PETALUMA.
)DXEPnNG THEREFROM SUCH PORTION THEREOF AS INCLUDED IN THE DEED FROM ELSIE A.
FREY AND CLAUDE C. FREY, HER HUSB_ANND TO KENNETH I. COLIN, ET UX, DATED MAY 4,
1951 AND RECORDED RM 8, 1951 TL-NDERRECORDER'S SERIAL NO. D-42780, SONOMA COUNTY
RECORDS.
-APk
PARCEL THREE:
CONOvEE TTCING AT A POINT ON'IHE NORTHERLY LINE OF WESTERN AVENUE WHARF TEE SAID
NORTHERLY LINE INIERS12CM THE WESTERLY BOUNDARY OF THE CITY OF PETALUMA;
THENCE ALONG SAID NORTAI xtLY LINE OF WESTERN AVENUE, SOUTH 79' EAST 23 IMF;
THENCE NORTH 67° 40' EAST 1.327.40 FEET; THENCE NORTH 22° 20' WEST 150 FEET; THENCE
NORTH 400 17' EAST 56.40 FEET, T IENCE NORTH 40° 23' BAST, 15.10 FEET, MORE OR LESS, TO
THE NORTHWESTERLY CORDER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY
FRANKIE E, DUM, ET AL, TO E.B. RICE BY DEED 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 THE
NORTHEASTERLY CORNER THEREOF; THENCE NORTH 45' 13' WEST ALONG THE
SoXrrU ESTERLY LINE OF OA1K TERRACE WAY 305.19 FEET TO A POINT, SAID POINT BEING
THE POINT OF BEGINNING OF 'TIB 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 LUCM A. CLOUGH,
ET AL, TO MYRTLE 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 EAST LINETHERFAF, 60.00 FEET; THENCE CONT114UING ALONG EAST LINE SOUTH
362 55' EAST, 14.16 FEES'; TH]MICE NORTH 679 40' EAST 100.15 FEET, MORE OR LESS, TO THE
WESTERLY BOUNDARY OF OAE: TERRACE WAY; THENCE ALONG THE WESTERLY BOUNDARY
OF OAK TERRACE WAY, NORTH 45' 13' WEST AND PARALLEL, TO THE EASTERLY BOUNDARY
OF LOT451, AS PER STRATTON'S OFFICIAL MAP OF THE CITY OF PETALUMA, A DISTANCE OF
81.8 FEET MORE OR LESS, TO TM3 POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED.
3(�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Dale
personally appeared
, before me,
Place Notary Seal Above
Name and Title of Officer (e.g., •Jane Doe, Nolary 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 names) 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.
Signatum of Nalary 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(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:
NIeNt
OF SIGNER ER
0199914aeannl Notary hcsodalion• 9050 Oe Sola Ave, P.O. eo[T402.OtuL odh, G91]t]-T4o2•xww.wlbnalnolaryoq Prod. Na. 5907 ReoNer. CNIToll-Fme tAOOA]fi492]
U I—)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Data
personally appeared
Place Notary seal Above
before me,
I ss.
Name and T9e of Officer (e.g., 'Jane Doe, Notary Public')
Namels) 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(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer —Tdle(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
_ Number of Pages:
Top of thumb here
01999 Na0o,al Notary Ouao6ollon • 9150 Do SOW Ava, P.O, Bax 2402 • CMIOOOM, CA9101}2402 • vww.aui. ahotwar, Pad. No. 5907 naordO, CWIT.H Fae 1-909E76l0a27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Data
personally appeared
before me,
Place Notary Seal Above
I ss.
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01999 Na1ioral NoLWAsceoolon• 9050 Ba Soto Ave., P.O. Box 2402-caxo v . CA 910102402•www.n,Lbiu9wtaryoq prod. No. 5907 Reorder. Cat TO-Fee"00-9T9ba27
U2
RESOLUTION VACATING
UNIMPROVED PORTION OF
OAK TERRACE WAY AND
AUTHORIZING THE CITY MANAGER
TO EXECUTE QUIT CLAIM DEED
y3
RESOLUTION NO. N.C.S.
OF THE CITY OF PETALUMA, CALIFORNIA
RESOLUTION OF THE PETALUMA CITY COUNCIL
VACATING AN UNIMPROVED 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 Keshishian, 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, pursuant to Streets & Highways Code §8300 et seq, the City Council may,
after notice of public hearing, vacate any public right-of-way which, in its determination, is no
longer needed for present or prospective street purposes;
WHEREAS, on April 4, 2005, the City Council adopted a Resolution of Intention to
Consider Vacation of Public Right of Way (Resolution No. 2005-55);
WHEREAS, on April 12, 2005, the Petaluma Planning Commission found that vacating
the "Disputed Land" was in conformity with the General Plan;
WHEREAS, after holding a duly noticed public hearing, the City Council finds that the
Disputed Land is not required for street or highway purposes.
till
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council finds that:
1. 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 8300 et. seq. of the California Streets &
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 except for those areas within the property where there are existing public utilities and
dedicated public utility easements are located and except for access areas to such public utilities
and public utility easements in order to maintain, operate, replace, remove and renew such public
utilities and easements; 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 except for those
areas within the property where there are existing public utilities and public utility easements are
located and except for access areas to such public utilities and public utility easements in order to
maintain, operate, replace, remove and renew such public utilities and easements which Quit
Claim Deed to also 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 at such time as the conditions set forth
above are met.
PASSED and ADOPTED this _ day of , 2005, by the following
vote:
L- s
AYES:
NOES:
cuo-lay.,
ATTEST: CITY OF PETALUMA
City Clerk Mayor
IF1013.11
n
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:
CONTAINING 7,843 SQUARE FEET MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED
RECORD OF SURVEY.
#763871
HE)
EVANS HEIGHTS SSY/MMSION
66 MAPS 10
LOT5
67RATTOW MAP CF THE \
CffYOFFETALUMA COURSE DATA
LOT451 O N 65'25'10' E 42.98'
\ Q S 44'57'05' W 40.00'
\
&V MAPS. .vf m
LANDS OF
HRAM6LETT—KESHISH/AN H
FAMILY Lfl4NG TRUST 0 m
t� n
ON 2000-110928
(APN 006-38.3-022) z �• _ vi
LEGEND
• FOUND 5/8' REBAR RCE 18200
POINT OF BEGINNING \^^•, `\
STEVEN J. LAFRANCHI Sc ASSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS LA'A
PFTAI IIMA ueaiu..111W ccc ����