HomeMy WebLinkAboutStaff Report 3.F 09/12/20053.F
EFFECTIVE DATE � ORDINANCE N0.2221 N.C.S. September 12, 2005
OF ORDINANCE
1
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3 Introduced by Seconded by
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9 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING
10 TO THE GRANTING OF EASEMENT WITH BEDFORD PROPERTY, SPE ON A PORTION OF A
11 PARCEL DESCRIBED AS SONOMA COUNTY ASSESSOR'S PARCEL NOS. 445-040-062,
12 CONSISTING OF APPROXIMATELY 17,865 SQUARE FEET
13
14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
15
16 Section 1.
17 Bedford Property, SPE (Grantor) is the owner of a parcel of real property located at 3880 Cypress
18 Drive, in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel
19 No. 005-090-062 ("Servient Tenement").
20
21 Section 2.
22 The City of Petaluma (Grantee) is the owner of real property near and contiguous to Seller's
23 Property consisting of Sonoma County Assessor's Parcel Nos. 068-001-033 and 068-001-034
24 ("Dominant Tenement") in the unincorporated area of the County of Sonoma upon which it
25 intends to relocate and construct a new water recycling facility and attendant facilities.
26
27 Section 3.
28 Grantee is purchasing from Grantor an easement in, upon and across an approximate 17, 865
29 square foot portion of the Servient Tenement. Grantee is purchasing the Easement for, among
30 other things, public and private access to the Dominant Tenement, including public pedestrian
31 and vehicular access and the supply and transmission of utilities, including gas, electricity, sewer,
32 recycled water and water, is Grantee's property.
33
34 Section 4.
35 For such purposes, Grantee intends to construct an access road on the Easement and install a
36 maximum of eighteen (18) parking spaces adjacent to the access road.
37
38 Section 5.
39 The City Council, on August 5, 2002, authorized City Management to seek grant funding from the
40 State Coastal Conservancy in support of the Ellis Creek Water Recycling Facility Project (earlier
Ordinance No, 2221 N.C.S. Page 3
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referred to as the Petaluma Marsh Acquisition, Enhancement and Access Project). The State
Coastal Conservancy grant was approved in the amount of $2,000,000 on October 31, 2002.
Section 6.
Grantee has obtained grant funding from the California State Coastal Conservancy ("Coastal
Conservancy") for its purchase of the Easement.
Section 7.
City Management, in consultation with the Grantor, has prepared a draft grant of easement,
which is included as Exhibit A.
Section 8.
The City Manager is authorized to execute all documents related to this action of purchasing the
Grant of Easement.
INTRODUCED and ordered posted and {wed this 1st day of August, 2005.
ADOPTED this day of
AYES:
NOES:
ABSENT:
RECUSED:
David Glass, Mayor
ATTEST:
Claire Cooper, CMC, City Clerk
2005 by the following vote:
APPROVED AS TO FORM:
Richard Rudnansky, City Attorney
Ordinance No. 2221 N.C.S.
Page 2
III •"!t C i
ITAU \ ��•RtI! Rt _ R
City of Petaluma
I1 English Street
Petaluma, CA
GRANT OF EASEMENT
DRAFT 2 Clean
July 14, 2005
This Agreement is made this _ day of August, 2005, by BEDFORD PETALUMA
SPE, INC., an Arizona corporation ("Grantor") and CITY OF PETALUMA, a public entity
("Grantee").
Recitals
A. Grantor is the owner of a parcel of real property located at 3880 Cypress
Drive, in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's
Parcel No. 005-090-062 ("Servient Tenement"), and more particularly described in Exhibit A
attached hereto and made a part hereof.
B. Grantee is the owner ofreal property near and contiguous to Seller's Property
consisting of Sonoma Comity Assessor's Parcel Nos. 068-001-033 and 068-001-034
("Dominant Tenement") in the unincorporated area of the County of Sonoma upon which it
intends to relocate and construct a new waterrecycling facility and attendant facilities and to
develop the Petaluma Marsh Acquisition, Enhancement and Access Project. The Dominant
Tenement is more particularly described in Exhibit B, attached hereto and made a part
hereof.
C. Grantee is purchasing from Grantor an easement in, upon and across an
approximate 17, 865 square foot portion of the Servient Tenement, as more particularly
described in the attached Exhibit C ("the Easement"). Grantee is purchasing the Easement
for, among other things, public and private access to the Dominant Tenement, including
public pedestrian and vehicular access and the supply and transmission ofutilities, including
gas, electricity, sewer and water, to Grantee's property.
Grant of casement
Ordinance No, 2221 N.C.S. Page 3
DRAFT 2 Clean
July 14, 2005
D. For such purposes, Grantee intends to construct an access road on the
Easement and install a maximum of eighteen (18) parking spaces adj acent to the access road.
E. Grantee has obtained grant funding from the California State Coastal
Conservancy ("Coastal Conservancy") for its purchase of the Easement. A requirement of
such funding is Grantee's execution of an Irrevocable Offer to Dedicate the Easement to the
Coastal Conservancy in the form of the attached Exhibit D.
NOW, THEREFORE, in consideration of the mutual covenants and promises below
set forth, it is agreed as follows:
1. In consideration for payment of the sum of One Hundred Twenty -Five
Thousand Fifty-five Dollars ($125,055.00) from Grantee, receipt of which is hereby
acknowledged, Grantor hereby grants and transfers to Grantee, its successors and assigns, a
perpetual exclusive Easement in, upon and across the property described in the attached
Exhibit C.
2. The Easement is for the purpose of public and private access to Grantee's
property, including public pedestrian and vehicular access, the construction of a road and a
maximum of eighteen (18) public parking spaces for the same, and the supply and
transmission of utilities, including gas, electricity, telephone, cable, fiber optic, sewer and
water to Grantee's property.
3. The Easement granted herein is appurtenant to the Dominant Tenement and is
a covenant running with the land.
4. Grantor consents to Grantee's execution of the Irrevocable Offer to Dedicate
the Easement to the Coastal Conservancy, in the form attached hereto as Exhibit D.
5. This grant of Easement, and all rights and obligations pursuant to it, are
subject to the condition precedent of the execution by Grantors' lender, John Hancock Life
Insurance Company, of agreements by which the lender subordinates its security interest in
the easement property, Exhibit C, to the rights created by this grant of easement, and to the
Irrevocable Offer to Dedicate the Easement to the Coastal Conservancy.
6. Grantee, its successors and assigns, hereby agrees to indemnify and hold
Grantor harmless from any claim, right, demand, or action for any damages, injuries, costs or
expenses which result from the use of the Easement by Grantee, its successors, assigns,
employees, invitees and licensees.
Grant of Easement
Ordinance No. 2221 N.C.S. Page 4
DRAFT 2 Clean
July 14, 2005
7. This instrument shall bind and inure to the benefit of the respective successors
and assigns of the parties hereto. Such successive owners are bound by this instrument for
the benefit of the land owned by Grantee.
SELLER BEDFORD PETALUMA SPE, INC.
PURCHASER
Grant of Easement
VA
Print Name
Title:
CITY OF PETALUMA
By:
Print Name
Title:
Ordinance No. 2221 N.C.S. Page 5
EXHIBIT A
Ordinance No. 2221 N.C.S. Page 6
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EXHIBIT B
Ordinance No. 2221 N.C.S. Page 8
PARCEL 2
(PLANT SITE PARCEL)
All that portion of land lying in the County of Sonoma, State of California, within a portion of
those tracts of "The Petaluma Ranch", shown upon a subdivision map of said Rancho, as made by Rowe
Brothers, on file in the Recorder's Office of said Sonoma County as Lots 229, 230 and 231 and being a
portion of the lands conveyed to Richard and Faith Gray, his wife, in Deed recorded in Book 3537 of
Official Records, at Page 913, Sonoma County Records, said lands being more particularly described as
follows:
Parcel 2 (Plant Site Parcel)
Beginning at a % inch Iron Pipe monument tagged RLS 5493, marking the intersection of the
Southerly right-of-way line of State Highway Route 116, known as Lakeville Highway and the
Northeasterly boundary line of said Lot 231, said Point of Beginning also being the Northwesterly comer
as shown on that certain Record of Survey entitled "Lands of Richard and Faith Gray° recorded in the
Office of said County Recorder in Book 466 of Maps, Map No. 41 on January 9, 1991, thence from said
Point of Beginning along said Southerly right-of-way, South 54" 28'48" East 2154.18 feet to a point on
the Easterly line of said Lands of Richard and Faith Gray, said Easterly line also being the Westerly
easement line of a 90 foot Drainage Easement recorded in Book 2308 of Official Records at Page 973 of
said County, thence South 26' 00' 00" West 78.06 feet, thence South 49' 00' 00" West 100.00 feet,
thence South 60' 50' 00" West 85.00 feet, thence South 45" 25' 00" West 64.00 feet, thence South 42'
41'30" West 83.00 feet, thence South 71' 16'30" West 171.60 feet, thence South 52" 56' 30" West
79.20 feel, thence South 37' 01' 30" West 349.80 feet, thence South 39" 26 30" West 20522 feet,
thence leaving said Easterly line North 54' 10'25" West 601.61 feet, thence North 09" 00'48" West
147.40 feet, thence'North 35' 69' 13" East 247.48 feet, thence North 54" 00' 47' West 320.21 feet,
thence North 354 59' 14" East 135.54 feet, thence North 54' 00' 48" West 629.59 feet, thence North 08'
44' 58" West 419.99 feet to the Northwesterly line of said Lands of Richard and Faith Gray, thence along
said Northwesterly line North 36' 23' S7' East 365.98 feet to the Point of Beginning, containing 40.0
acres, more or less.
This real property description has been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act
Signature
ROBERT A.
Date � �i �"^� ✓VtELLO
l No. 4166 .
01/28104
APN 68-010-26 and APN 17-170-02
Ordinance No. 2221 N.C.S. Page 9
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PURCHASE AND SALE AGREEMENT
Wetland Parcel
#14
ordinance No. 2221 N.C.S. Page 11
PARCEL 1
(WETLANDS PARCEL)
All that portion of land lying in the County of Sonoma, State of California, within a portion of
those tracts of "The Petaluma Ranch", shown upon a subdivision map of said Rancho, as made by Rowe
Brothers, on file in the Recorder's Office of said Sonoma County as Lots 229, 230 and 231 and being a
portion of the lands conveyed to Richard and Faith Gray, his wife, in Deed recorded in Book 3537 of
Official Records, at Page 913, Sonoma County Records, said lands being more particularly described as
follows:
Parcel 1 (Wetlands Parcel)
Beginning on the Northwesterly line of the Lands of Richard and Faith Gray as shown on that
certain Record of Survey entitled "Lands of Richard and Faith Gray" recorded in the Office of said
County Recorder in Book 466 of Maps, Map No. 41 on January 9, 1991, from which a % inch Iron Pipe
monument tagged RLS 5493, marking the intersection of the Southerly right-of-way line of State Highway
Route 116, known as Lakeville Highway and the Northeasterly boundary line of said Lot 231, said point
also being the Northwesterly comer of said Lands of Gray, bears North 36' 23' 57" East 365.98 feet,
thence from said Point of Beginning South 08' 44' 58" East 419.99 feet, thence South 54' 00' 48" East
629.59 feet, thence South 35' 59' 14" West 135.54 feet, thence South 54' 09 4T' East 320.21 feet,
thence South 35" 59 13 West 247.48 feet, thence South 09' 00' 48" East 147.40 feet, thence South 54"
10' 25" East 601.61 feet to a point on the Southeasterly line of said Lands of Richard and Faith Gray,
said Southeasterly line also being the Westerly easement line of a 90 foot Drainage Easement recorded
in Book 2308 of Official Records at Page 973 of said County, thence South 39' 26' 30" West 276.58 feet,
thence South 47' 26' 30" West 184.80 feet, thence South 41' 46' 30" West"105.80 feet, thence South 25'
56' 30" West 52.80 feet, thence South 25' 49' 30" West 60.00 feet, thence north 64' 06' 37" West 359.94
feet to a % inch Iron Pipe tagged RCE 8258, thence South 33' 44` 34" West 1852.14 feet to a %Z inch Iron
Pipe'tagged RCE 8258 marking the most Southeasterly meander comer of the Lands of Richard and
Faith Gray, from which a survey be to a meander comer on the Northwesterly line of Lot 229 and the
Lands of Richard and Faith Gray bears North 76" 33' 18" West 3251.04 feet, thence continuing along the
Southeasterly line of said Lands of Richard and Faith Gray, South 33' 44' 34" West to the natural
ordinary high water line of the Petaluma River, thence Northwesterly along said natural ordinary high
water line to a point on the Northwesterly line of said Lands of Richard and Faith Gray and Lot 229,
thence along said Northwesterly line North 35' 33' 57' East to said meander comer on the Northwesterly
line of said Lands of Richard and Faith Gray and Lot 229, thence continuing along said line North 36' 33'
57 East 2628.53 feet, thence leaving said line, South 64' 12' 18" East 1406.46 feet, thence North 36'
23' 57' East 1740.06 feet to the Point of Beginning, containing 221.3 acres, more or less as computed
using the top of the levee along the Petaluma River taken from an aerial topographic map of the Lands
of Richard and Faith Gray.
This real property description has been prepared by me or under my direction; in conformance
with the Professional Land Surveyors Act.
Signature
Date
01/28/04
APN 68-010-26 and APN 17-170-02.
Ordinance No. 2221 N.C.S. Page 12
SURVEYOR'S STATEMENT
THIS WP CORRELTLYREPRESMTS A DWISIOII W LWB,
BADE BYYE OR UNDER W DJHEC . W A WRDMCE i3/4_
ALS
NOH FiE
WRH LDGL MDWANCES, AG PROVIDED BY SECFI@l OMNI, TAOCED 4666M 41
B/W
OFMIE MUMMW LD WWEYg15 ACF, ATTHE PFA.00 R
AU
REQUEST OF1 E Cr(YOF PEFAWW,N
HL& eDDDI� " ROBERT A. p'' / ta�tl 1 rMDTMTn7 N8➢C !I
MELLO
No. 4166 PARfi12 Y43,
$ / yPLANT STE PA
OIY0 ACRES
OF PEfAWYA `�NN
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900 0 500 1000 � A (BOOR a W YMS YM H¢ 10)
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/ APU017A70M PARCELI / �'IYao'Woo.m WEslEmTlnlEm
'tn / (MER.AN05221.3* ACRES j 1t RCE �e� mm
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/ tlN OF PETALUYA
U41E`THE BgWONCFBErvEEIi OUT lANpS AND // / APAOW-0IO,ID ,
THE SFAIE OF CAIiBgnA WA19 Ci THE YDSI �8
fE®N11AlINK OiW1ARYHNN MATER LPE. � / /� ���y y
EXHISITB
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A� TAVFO ROME, SONOHA, STATE OF CALIFOfl11W, VAMNTNE PETAWW
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RAHCHONIOPORTIONOFTNFIANOGED i TO RIO Afl0 RDWGRAYANO FA M OMY, H SWFFYAFE,
$, TOPOGRAPHIC SURVEYS, INC. Na — D WpEE➢RECOflpEpNBOOA]S]TOFOFFCLLflEGOflDG,
( �. RNIIW4YYCIIOC tMWQA10/LJD NIPILYIW LLRtiC —WAIM 11E ^ .N AT PAGE 91],SONOW CgINtt flECOI1D5,
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Ordinance No. 2221 N.C.S. Page 14
LEGAL DESCRiP TiON
PUBLIC ACCESS FEE
All that portion of Lot 23, as said lot is shown on the Official Plats of Oakmead
North Bay Park, Unit 3, Recorded in the Office of the Recorder of Sonoma County,
California, in Book 359 of Maps, Page 4, being more particularly described as follows:
Beginning at the Northeast corner of said Lot 23, thence along the Easterly line
of said Lot, South 360 16' 53" West 70.00 feet, thence leaving said Easterly line, North
54° 31' 54" West 258.27 feet more or less, to a point on a curve concave to the
Northwest having a radius of 57.00 feet, said point also lying on the Westerly line of
said Lot 23 and also being the Easterly right-of-way line of Cypress Drive as shown on
said map of Oakmead North Bay Unit 3, thence Northeasterly along the are of the curve
being subtended by a chord bearing North 30° 27' 45" East 65.80 feet to a point of
reverse curve concave to the Northeast having a radius of 57.00 feet, thence
Northwesterly along the arc of the curve being subtended by a chord bearing North 010
58' 25" West 5.60 feet to the Northerly line of said Lot 23, thence along said Northerly
line, South 54° 31' 54" East 268.40 feet more or less to the Point of Beginning,
containing 0.41 acres (17,865 sq. ft) more or less.
The meridian of this survey is identical with that shown on Oakmead North Bay
Park Unit 3, as recorded in Book 359 of maps at page 4, Sonoma County Records.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signaturez!I l'acl
Date . g r" � O/i`
Ordinance No. 2221 N.CS. Page 15
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CURVE DATA
1 - S 76" 2B' 10° E 69.99 R=57.00' -
pj 2 - N 30" 27'45" E 65.80' R=57.00'
\ \ S 6`¢,\ S 7 // QF. 3 - N 01' S8' 25" W 5.60' R=57.00' _
\ \3o DETAIL 'A'
CD/.....• A3,
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NOTE:
THE MERIDIAN OF THIS
�1ry / / ���• SURVEY IS IDENTICAL WITH
THAT SHOWN ON OAKMEAD
NORTH BAY PARK UNIT 3, AS
r -k\ RECORDED IN BOOK 359 OF
MAPS, PAGE 4, SONOMA
COUNTY RECORDS
0
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S.S.E. SANITARY SEWER EASEMENT ^o'
CITY OF PETALUMA
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Ordinance No. 2221 N.C.S. Page 16
CALirORt+TA
.SPPROVED BY i-aE CONTRA= AM -ND'
STANDARD AGREEMENT - NUMBER.
rroxpuvs91) ATTORNEY GENERAL
�"� 0 2 -114
THIS AGRFEI fE.I' T, made ,t�1
and entered into this I a ' , day or TAXPAYERS FEDERAL EMFLaYE
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting DENTM=KTTOH NUNDIM
946000392
Executive Officer Sta
TITLE OF OFFICER ACTING FOR STATE AGENCY
to Coastal C„q-lSpr.vanry 'b'"°"B�°"11�`a'
CON IAACCOR'S NAME
City of Petaluma��
WrrNESSET'H: T Tat the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations or the State harcinsiler expressed, does her=b
agree to furnish to the state services and tratariais as follows: (Set forth service to be rendered by Contractor, amount to be paid CantraGror, rimy jorprr, jarmaascr. c
completion, and anach plans and spr4cadons, if arty.)
SCOPE OF AGREEMENT
Pursuant to Chapter 4.5 of Division 21 of the California Public Resources Cade, the State
Coastal Conservancy ("the Conservancy") hereby grants to the City of Petaluma ("the
grantee") a sum not to exceed two million dollars ($2,000,000), subject to the terns and
(Continued on following pages)
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR ANLL CONTRACT' NGMEM
Tice pmvisione on the ra Ione aide hereorennstimte a part of this sgreemeaL
IN VMWFsSS WHEREOF, thio agreement has'bcen executed by the parties hello, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONrRACroa Qf other than an individual. mate whether a cotporatdosa.
parmcrchip, crcJ
State Coastal Conservancy City of Petaluma
BY (AItrHD SRiNATURB7 BY CAUTHOKMED SIGNATUAET
PRMI'EU NN•tE OF PERSON SIGNING PRINTED NAME AND TOLE OF PIIL58N SIGNING
Samuel Schuchat Mike Bierman, City Manager
TITLE AnDRm 11 English Street
Exec.,"111. fib officer tmoEANnTnTFa'--Peta�o.1TL Sa.., 61 W
AMOUNTut• CA 94952- 0
• DOCUMENTO O Ja (IGRAiA/CAGORY .
TITLE f e D aranew of General Sonseec
Use Only
32 0 0 p' Outlay Neighborhood...
PRIOR AMOUNT
ENCUMDERED FOR THIS
CONTRACT
S -0 -
TOTAL AMOUNT
ENCUMBERED TO DATE
x2,000,000.00
IDMONAL USE)
Petaluma Marsh Acquisition and Restoration Access
3760-301-0005(1)$369,450.00
3760-301-0005(2)(A)$1,319,900.
3760-301-0005(2)(0)$310,650.00
OBJECT OF EXPENDITURE {COOS AND TM - j
San Francisco Bay PcoCritin
hereby certify upon my own personal knowledge that budgctedfundr ore
voilable for the period mrd parposc of the erpendltar< stated above.
CHAPTER STATUM FISCAL YEAR
052 2000 00(01
00 106 2001 01/02
106 2001 01102 1 t;eaq that this grant agreement/
is exempt from
d partment of General Services aper
TaNo, H.R. NO. t
GNA OF ACCOUNTING OFFICER DATE
Lt CONTRACTOR 1•J STAib AGENCY LT DEPT. OF GEN. SER. U CONTROLLER g
Ordinance No. 2221 N.C,S.
EXHIBIT D
Ordinance No. 2221 N.C.S. Page 18
DRAFT 2
July 21, 2005
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
State Coastal Conservancy
1330 Broadway, Suite 1100
Oakland, CA 94612
Attn: Legal Counsel:
EXEMPT FROM RECORDING FEES — GOV. CODE SECTION 6103
IRREVOCABLE OFFER TO DEDICATE EASEMENT
This .IRREVOCABLE OFFER TO DEDICATE EASEMENT ("the Offer") is made this
clay of September, 2005, by the City of Petaluma ("the Offeror").
Pertinent Facts
1. The Offeror is the legal owner of an easement in, upon and across real property situate
in the City of Petaluma, Cmuny of Sonoma, State of California, as more particularly described in
Exhibit A, which is incorporated by reference and attached ("the Easement").
2. The Offeror purchased the Easement using funds provided by the California State
Coastal Conservancy ("the Conservancy") under Division 21 of the California Public Resources
Code for grants to nonprofit organizations for the acquisition of real property; and pursuant to
unrecorded Grant Agreement No. 02-114 between the Offeror and the Conservancy.
3. The Offeror is executing this offer to complywith Grant Agreement No. 02-114, and
to protect the public's interest in the Easement, which was acquired with the assistance of state
fiords.
4. The Offeror intends through this offer to bind itself and its assigns and successors in
interest.
The Offeror hereby irrevocably offers to dedicate the Easement to the State of California,
acting through the Conservancy, as follows, in light of the pertinent facts, above, and in
consideration of the Conservancy's grant to the Offeror for the acquisition of the Easement and the
preservation of the public's interest in the Easement.
Irrevocable Offer to Dedicate Easement
Ordinance No. 2221 N.C.S. Page 19
DRAFT 2
July 21, 2005
1. ACCEPTANCE OF OFFER. This offer maybe accepted only if the Conservancy finds that
the existence of the Offeror has temlinated; or that the Offeror or its successor in interest in the
Easement has violated with respect to the Easement or any portion of it or interest in it one or more
of the following essential terms of Grant Agreement No. 02-114 or this offer:
a. The Offeror has acquired the Easement across an approximate 17, 865 square foot
portion of that certain real property located at 3880 Cypress Drive, in the City of Petaluma,
County of Sonoma, State of California, Sonoma County Assessor's Parcel No. 005-090-062.
The Easement is more particularly described in the attached Exhibit A. Offeror is purchasing the
Easement for, among other things, parking and pedestrian and vehicular access to Offeror's
Property, including a road and parking spaces, and providing public and private utilities, e.g.,
sewer, water, gas and electricity, to Offeror's property.
b. The Offeror shall use, manage, operate and maintain the Easement as provided in
Grant Agreement No. 02-114 between the Offeror and the Conservancy.
C. The Easement may not be used as security for any debt, in violation of Paragraph 2,
below.
d. The Easement may not be transferred without the written approval of the Executive
Officer of the Conservancy or its successor in violation of Paragraph 3, below.
C. The Easement may not be used for mitigation in violation of Paragraph 4, below.
Upon a finding by the Conservancy, following written notice and areasonable opportunity -to
cure, that any of the essential terms provided above has been violated, or that the existence of the
Offeror has been terminated for any reason prior to a transfer of the Easement in compliance with
this offer, this offer may be accepted by the Conservancy in accordance with law, or by another
public agency or nonprofit organization designated by the Conservancy and which has agreed to
accept the obligations of the Offeror under this offer, by recording in the Official Records of Sonoma
County a Certificate of Acceptance in substantially the form of the attached Exhibit B.
2. USE OF EASEMENT FOR SECURITY FOR DEBT. The Offeror shall not use the
Easement as security for any debt without the written approval of the Executive Officer of the
Conservancy.
3. TRANSFER OF EASEMENT. Transfer of the Easement is subject to the prior written
approval of the Executive Officer of the Conservancy. The transferee shall be subject to all
provisions of this offer, including, without limitation, the use restrictions. If the Conservancy deems
necessary, prior to the Conservancy's approval of any transfer of the Easement, the transferee and the
Irrevocable Offer to Dedicate Easement
Ordinance No. 2221 N.C.S. Page 20
DRAFT 2
July 21, 2005
Conservancy shall enter into a new agreement sufficient to protect the interest of the people of
California.
Notwithstanding the preceding paragraph, the Easement may be transferred to an agency of the
United States or to the California Department of Fish and Game or the Wildlife Conservation Board
unencumbered by this offer or by Grant Agreement No. 02-114 (both of which shall automatically
terminate and cease to burden the real property in that case), if the Conservancy and the transferee
execute and record an agreement that supersedes this offer and provides substantially for all of the
following:
a. The Easement shall be held and used consistent with the acquisition purposes.
b. The Easement shall be held, used, occupied, sold, leased, and conveyed subject to the
rights and obligations contained in the agreement, which shall be covenants running with the land
that are binding on and inure to the benefit and burden of the parties.
C. Any subsequent transfer of the Easement shall be subject to the written approval of
the Executive Officer of the Conservancy, which shall not be unreasonably withheld.
4. MITIGATION. The Easement shall not be used for mitigation (in other words, to
compensate for adverse changes to the environment elsewhere) without the written permission of the
Executive Officer. Unless the Executive Officer otherwise approves, all funds generated in
connection with any authorized or allowable mitigation on the Easement shall be promptly remitted
to the Conservancy until the Conservancy has been fully paid for all its past, present and future costs
with respect to the real property, including, without limitation, staff, planning, development,
restoration, operation and maintenance, and monitoring costs, and acquisition costs at fair market
value as of the time mitigation is to begin.
5. BENEFIT AND BURDEN. This offer shall run with and burden the Easement. All
obligations, terms, conditions, and restrictions imposed by this offer shall be deemed covenants and
restrictions running with the land, shall be effective limitations on the use of the Easement from the
date of recordation of this document, and shall bind the Offeror and all its successors and assigns.
This offer shall benefit the State of California.
6. SUCCESSORS AND ASSIGNS. The provisions of this offer shall bind and inure to the
benefit of the successors and assigns of both the Offeror and the Conservancy, whether voluntarily or
involuntarily.
7. CONSTRUCTION OF VALIDITY. If a court in a final determination holds anyprovision
of these restrictions invalid, or if, for any other reason it becomes unenforceable, no other provision
shall be affected.
Irrevocable Offer to Dedicate Easement
Ordinance No. 2221 N.C.S. Page 21
DRAFT 2
July 21, 2005
8. TERM. This offer is irrevocable (except to the extent provided to in the contrary in
Paragraph 3, above), and upon recordation of an acceptance of the form of Exhibit B, this offer shall
have the effect of a grant of easement to the State of California or other accepting entity designated
by the Conservancy and having executed a substantially similar acceptance, as provided in this offer.
9. AMENDMENT. No change in this offer shall be valid unless made in writing, signedby the
Offeror and the Conservancy, and recorded in the Official Records of Sonoma County, California.
The Offeror executes this document on the date first written above.
CITY OF PETALUMA, the Offeror
Michael A. Bierman
City Manager
State of California
County of
M
ACKNOWLEDGMENT
before me,
, personally
appeared , [personally known to me or 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/capacities, and that by his/her/their signature[s] on the instrument the person[s], or the entity
on behalf of which the person[s] acted, executed the instrument.
WITNESS my hand and official seal.
[Seal]
Irrevocable Offer to Dedicate Easement
Ordinance No. 2221 N.C.S. Page 22