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HomeMy WebLinkAboutOrdinance 2221 N.C.S. 09/12/2005EFFECTIVE DATE OF ORDINANCE October 12, 2005 1 2 Introduced by 4 6 7 8 9 10 11 12 13 14 15 16 Pamela Torliatt ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING TO THE GRANTING OF EASEMENT WITH BEDFORD PROPERTY, SPE ON A PORTION OF A PARCEL DESCRIBED AS SONOMA COUNTY ASSESSOR'S PARCEL NOS. 005-090-062, CONSISTING OF APPROXIMATELY 17,865 SQUARE FEET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. ORDINANCE NO. 2221 N.C.S. Seconded by Keith Canevaro 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, to 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 1 1 referred to as the Petaluma Marsh Acquisition, Enhancement and Access Project). The State 2 Coastal Conservancy grant was approved in the amount of $2,000,000 on October 31, 2002. 3 4 Section 6. 5 Grantee has obtained grant funding from the California State Coastal Conservancy ("Coastal 6 Conservancy") for its purchase of the Easement. 7 8 Section 7. 9 City Management, in consultation with the Grantor, has prepared a draft grant of easement, 10 which is included as Exhibit A. 11 12 Section 8. 13 The City Manager is authorized to execute all documents related to this action of purchasing the 14 Grant of Easement. 15 16 INTRODUCED and ordered posted and aed this 1 S' day of August, 2005. 17 18 ADOPTED this 12'h day of September, 2005 by the following vote: 19 20 21 AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, 22 O'Brien, Torliatt 23 NOES: None 24 ABSENT: None 25 RECUSED: None 26 27 28 29 30 31 32 33 -avid ass, yor 34 -. 35 36 ATTEST: APPROVED AS TO FORM: 3 7 _ _ ~~.__._..~ 3 8 !' 39 41 Claire Cooper, CMC, City Cler Richa~ci' Rudnansky, City Attorn 42 43 Ordinance No. 2221 N.C.S. Page 2 DRAFT 2 Clean July' 14, 200 i RECORDING REQUESTED BY AND WIN RECORDED MAIL TO: City of Petaluma 11 English Street Petaluma, CA GRANT ®F ]EASEMENT This Agreement is made this day of August, 2005, by BEDFORD PET.ALUMA 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, Cotmty 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 of real property near and contiguous to Seller's Property consisting of Sonoma County 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 water recycling 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 of utilities, including gas, electricity, sewer and water, to Grantee's property. Grant of Easement Orninanco No. ~2~ e N.C.S. Pages DRAF"T 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 adjacent 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 harrnless 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 Urdinar~ce No. 2221 N.C.S. °aae 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. By: Print Name Title: PURCHASER CITY OF PETALUMA By: Print Name Title: . Grant of Easement Ordinance Nn. 2221 N:C.S. _ Page 5 ~I~IIT A Ordinance No. 2221 N.C.S. Page 6 ~ ~ W~pT teeti ti ha ~ ~ao2 a i~``2 b ~'uea~` ~' u<~p ~1Wb ~ ~~$W b ~ ~~~b~~ O ~ 2 b<W vh tiOOkVO ~veh ~ ~ ] W~c2 2W ~ ~ p\~~ b ~ ~ w W •~ ~ ti W qp~W ~99 ~w WOiu2 M ~ly~ 8;~` l~ ~ ~ W W F ~tiOly V4 O ~,N~p4i. q 2~ 0 h hW<N p,W~W~~W~ ~~. hp ~.00~. ~ ~ ~h~4 y. ~c fit, O v•><Z~ W~ W~2e2t NZ ~W c. 4 v W ~I.ti~Wt 4 ~? 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" Ordinance No.-2'221 N C S .,T Page 7 ~ EX I~IT Ordinance No. 2221 N.C.S. Pale 8 PARCEL 2 (PLAN SITE P,~RCEL) 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 3/ 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 corner as shown on that certain Record of Surrey 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 feet; #hence South 37` 01' 30`' West 349.80 feet, thence South 39° 26` 30" West 205:22feet, thence leaving said, Easterly line North 54° 10' 25`' West 601.61 feet;'therice.North 09° 00' 48'` West ' 147,40'feet, (hence North 35° 59' 13" East 247.48 feet; thence';North' 54° 00' 47" Vl/est 320.21'feet; therice North 35' 59';14" East 135:54 feet; therice North 54' 00" 48" West 629.59 feet thence North'08°. 44' 58" West 419.99 feetto the Northwesterly line of said Lards'of Richard~and. Faith~Gray,` thence along said Northwesterly line North 36° 23' 5T' East 365.98 feet to the Point of Beginning, containing 40.0 acres,. more or less. Ordinance No. 2221 N.C.S. Page 9 SURVEYOR'S 3TATEMENT ' THIS MAP CORRECTLY REPRESENTS A DNISpN OF LAND. ~ ~ ' ~ ~ ~- ~ ~ ~ ~ ~ ~ ~ ~ . RlDN ~~ .. MADE BY ME OR UNDER MY DIRECTION. IN ACCORDANCE ~ ~ . . ~~-aI4 TACLFD t>L9 6493 WTTH LOCAL OROMANCES, AS PROVIDED BY SECTION 68/28, ~ ~ ~ ~ ~ - ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ pER 46A ROB 49 OF THE GLIFORNl4 LAND SURVEYORS ACT, AT THE ~ ~~ :'. ~~ ~ ~ ~ ~ g ~ O REOUESf OF THE Cf1Y OF PETALUMA, N OCTOBER 200]. ~. ~ ~ ~ - ~ .O ~ ' ~ ~ ~ ~ 'e" ~~ ROBERTA MEL ' ~ _ ~ ~ ~ ~ . pagy _ ' R.L3.4760 ~t'v ~ .. / 'b 1 . EXPIRES C/]dD. ; O~ .. ~ ~J' .~' ,r .., ~ ,, ,f~ .. R09ERT A. \ . ~ ~~ ~ ~ ~ •~ ~, ` ~ ~ C '7 PLANT SITE PARCEL) , ,~ !!~~,,pp~~~~ ~'~. 416 i ~ ~ \ i/ ~ ~ ~ ~~ 40.O.ACRES ~ 4y~\~ ff~1. / ~, ~ ~ ~ ~ qTY Of' PETALUMA `f r (~~'~~ ~ ~ ~ / M]eEY/4'~ t 'y 52~CD'oV1r 7L \ ~+~9~~ ' 'x (~j~~1\~:~ ~ ~~ ~~~~~ \ ~~. ~ ~'~: M4U74TlI '.. - /_ ~ 54P'9~DOVM X00' CITY OF PETALUI~'1 ` ,~. ~ ~4eFeArtH~~~ snwso~w >t,1~.. . 27e0 0.R s4e ~ ~~ ~ ` ; " j' (~i. a~a s~nsso"r° . . y0P9~48'M 147.10' / •, / PEfAIUIMRllf6CN0\. ~j ~'~i' . soo o soo 1000 ~~ (DGac a or NAPS NAP Is) ~ `b..~ scALE: 1• - 6DD' ~~ s+rm'sv'+r 9eM7 Z s4r1e'xrr IOSDO' szTne'~a eua . / !lPII097-070-02 PARCEL t -Q~, ~~ sayo'~o'WeaoD ' ~ ~ ~ p~~ EASEMETtT ~ N / ( CRES ~' ~ TAGGED RCE ~8~"'~ -'Tr ~ 2709! 0.R 7J ~ ~ ~ .. / k~ Z / qTY OF PETALUAIA ~ ~ 1 ~ / APIE OL8d16,2B / ,~~~ ,T*~ ~ yQj~; THE D0U91DARY BET11EE71 Q2AY LANDS AND / / ~7 ~ ~~ C 7H£ STATE OF CAl1F0RfaA lANOS 19 71E IgSi RECBfi NATiIiIAL pTM1ARY IeGH gAIER (AIE. .. ~ ~ '/ t ... ,~~T>~ O. CGfMF.R ~y 7 ~ , .~ ~ / ~~~ i ~ ~ ~ 71F ~.~ / / EXHIBfT B , e1r .TbT~, ` i \ ~ - ~ A PORTION OF APN 68-010.28 AHD APTI 17-170-02 MEANDER CAfeIER All 7HAT PORTION.OF. LAND LYNQ N 7NE COUNTI' OF • N7 ~ ~ L~r ~ ~ X09/ P~ - ~ SCNOMA, STATE OF CALIFORNIA, VIRiT9M THEPETALUIM ACfiD RCE 8258~~ ..,. T• A~\ .®~~,~~, ' - ~ RANCHO AND BEND A PORTION Of THE LANDS CONVEYED TOPOGRAPHIC SURVEYS, INC. <~~"~„ ~ - . TORICHMDGRAY.AHDFATTHGRAY,HISWIFE, . RI GEED RECORDED M BOOK 25870E OFFICIAL RECORDS, I. R1070ptA1M[iRIC QfGRfLQbIB/WID SIMYEYHO 3ORIICLS ~ WATE1t_^11P10 ~ ~ ~ ~ ~ "-"^ ~ AT PAOE Biz, SONONLI COVfRV RECORDS. 97992 Duelnses Pvk orT.+. SuILe 960 - soorv„«,tn, CalTOrt~lo ose27 ~.~ ...RIVER .. ~ ~ ~ ~ 4058 LAKEVaLEHIGHwAY (91e> ae2-4109 / FAH <99e) 3e2-44oe / w.~..tooeeur..ex~ APPL9CAT1(NINa LLAO1007e EXHIBIT C TO PURCHASE AND SALE AGREEMENT Wetland Parcel #iy~ Ordinance No. 2221 N.C.S. Page 1 1 PARCEL '~ (VVEI'LARI®S P/4RCEL) 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 corner 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° 00' 47" 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 Pa9e 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, hence: South 25° 56' 30"West 52 80 feet therice South 25°`49'30". West60 OO feet; thence''north 64' 06.'. 37" West 359:94 feet to a'/z mcti Iron Pipe tagged RCE'8258, thence South 33 `44' 34"`West `1852 14~feet'fo a %Z inch Iron Pipe tagged RCE 8258 marking the most Southeasterly meahdercomerof the Larids of Richard antl Faith'Gray, from which a survey tie 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 torthwesterly ,, line of said -Lands of Richard and Faith Gray and Lot 229, thence continuing along said line North 35° 33` 5T' Easf 2628:53 feet, thence leaving said line; South 64° 12' 18" East 1406:46 feet; thence North`36'~ 23' 5T` East 1740.06 feet'to the Point of Beginning, contamrrig 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 dtirection ~n conformance ,:. v~nth the`Professional Larid Surveyors Act.., ;... i. Signafure ~ ~''~, . ~ _ -; ~ I~OBER`T ~,: .. :,. . Date- _ ~ _' ~iI=LL{~ ~I~~ ~t11~~ f ~.A~t o1~28a4 ; APN-68=010-26 and APN 17-170-02 . ' Ordinance No. 2221 N.C.S. Page 12. SURVEYOR'S STATEPAENT THIS IMP CORRECTLY REPRESENTS A DNlSK7N OF LAND, 41ADE BY YE OR UNDER W DIRECTKNI, W ACCORDANCE WITH LOLL ORDINANCES, AS PROVIDEDBY SEC710N 00129, OF THE CALIFORNIA UWD SURVEYORS ACT, AT THE R EOUEST OF 7HE CITY OF PETAW 4A, N 1ARD y~~ ROBERT A.4ELL0 ~~ R.LS.1,se RU~ERT ~. O? EXPIRES B130A4 ~~~~o Ala: 4166 r~r~ ~'` C ~~~4ti~~ N CI9Y DP PEIALUld9 2786 OJt. 418 . / iJ/4' IRON PIPE. `®r ~ PE7t IEA ROB~/1 ~..,i: :, \ / ~~ ~~,r~ ~. ~ ~f~'K'60'V 110.oD' \ rf~ r ~ ~,g. ,~ tt / ~"'' ;~~ PARCEL 2 ~pyT r vl~ / PLAN7 SITE PARCEL) 4" \ ~ ~ ~ 40.0 ACRES ~?~(,~~~ aTY of PETALU0/A Lts1m'sTW J` s1oTa'DO'v- ,Daod - 'vJ' ` / / t,~ AVID FAfiH H sasw~o'vr asm sn~s'3arW m.so' ~ _ ~~ ~7~ .ew ,17.W' / \ ~ soo o soo ~ooo /-~ ScA~: r - soo' j APF! 097 i 70-02 (~.~ ,HE eOI.IDARY EtETYEIII DRAY LARDS I1tW /, ~'~ Ti1E SPATE OF CAUiCWYA LAIID9 IS THE YOST . RECEtIf tU1TU1LAL UiDWMY HKii WATER LD7E _ . , . OOAfffR ._ _. ~ ~ ~~ ~~ T'S, TOPOGRAPHIC SURVEYS, INC. ~'~ - I. Ri0t0pUWYCIRYC EN~IEtnINO/IAND AIRVLli9W SfHV1CLS vl~ ' ~~~ M417E1t lJff , oc,z Bwtnoe. Pork D.,w. sale. Tao - so«am«.ew Colirarnw ashz~ RIVER (c,a) sez-+IOa / FAx (o+e) aez-+soe / rww.eoPO«rt.+y.oo.., PE7ALU~A 91ADC9iD ®l (BDgc 8 DF YAPS uAP Nit I>~ ~ sIr sIr aasc'3LYr / PARCEL 1 s2a'sa'3v1o ~ ~, P (YYEIL.AlIDS PARCH) ' 1/1' RDN PPE . 221.3rt AgtES ~ TAODm RCF 8258 q7Y OF PETALUYA / •• AP6lo~9a ~ -zs ~~ ,~ / ~ ~~ r . L ~ iE A~ ACTED RCE 8259 p"~ -- ~~ y\ ~~ . MESYEALY LIHE o0' DRADJACE r.csvcuT TO s-C-F.Cp.GD- z3oo at1 stn ~~~ ~, ~~ `~ ~~~ EXH98R B A PORTION OF APN 0a-010-20 AND APN 17-170-02 Au THAT PotertoN of LAN o LYNG N THE COUNTY of SONOAU~ STATE OF GLIFORN W, WITH N THE PETALULIA RANCHO AND GENOA PORTpH OF THE LANDS CONVEYED TO RICHARD GRAY AND FAITH GRAY, HIS WIFE, IN DEED RECORDED N BOOK ]537 OF OFFK:ULL RECORDS, AT PAGE D13, SONOIAA COUNTY RECORDS: 4050 IAKEVILLE NKii1W~Y APPl1CATION NO: LlAO}O07B E~ IIT C Ordinance No. 2221 N.C.S. PC7C1P, 14 LEGAL DESCRIPTION PUBLIC ACGESb EEE Ail that portion of Lot 23, as said lot is shown on the Official Plats of Oakrr~ead 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 Lat 23, thence along the Easterly fine of said Lot, South 36° 16' 53" West 70.00 feet, thence leaving said Easterly line, North 54° 31' S4°` 'Vest 258.27 feet rr~ore or less, to a poirii 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 arc of the curve being subtended by a chord bearing North 30° 27' 45" East 65.80 feet to a poirii 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 01° 58' 25" West 5.60 feet to the Northerly line of said Lot 23, thence along said Northerly nine, South 54° 31' S4" East 268.40 feet more or less to the Point of Beginning,. containing 0.41 acres{17,865 sg::it) more or less.....; The rneridian of this survey is identical with that shovvn on Oakmead North Bay Park Unit 3, as recorded in Book 359 of maps at page 4, Sonoma County Records. END OF DESCRIPTION _ - ~ - This real property description has been prepared by me: or.under my direction, in conformance with the: Professional Land Surveyors. Act :.: , ~o ~~ / ~ \ c ~~ /off // r~ o / tb ~ CURVE DATA R ~ / 1 - S 76° 28' 10" E 69.90' R=57.OD' \ ~ \ \ ~ /~ij / 2 - N 30° 2T 45" E 65.80' R=57.00' ~~.\ S /= f Q~V 3 - N 01° 58' 25" W 5.60' R=57.00' \ \ 7g• I6\ / / /~~ \ \ F.~ \ \ ~ , ~~ \ © ~, DETAIL °A" ~p 1 _/ /~ Q~ 3j,sg•. / ~S / / ~ n(~" F. ~S ~~~~~~~s<~ 2684 . / / g' Q `~s ° ~ ~ Q~~ ,QJ 5~1~ . P. Q B. 0 ~o ~ ~ / ,0' ^~ <v ~h ~ / Co~~LsG~C~LaC> GOO ~~G~ Co3.~~l .G°~~G~L`~ NJ[~~ a 3~~ `f1~/JG~pS b o~ // ryh / ~ / NOTE: ~ / ~ 1 p~ THE MERIDIAN OF THIS ~~~ ~` SURVEY IS IDENTICAL WITH \ry / ~~~ THAT SHOWN ON OAKMEAD NORTH BAY PARK UNIT 3, AS ~~~/// / r ~ . , .. RECORDED IN BOOK 359 OF \. '`-j MAPS, PAGE 4, SONOMA ~ Q~ / D~ ~ ~ COUNTY RECORDS ST/G ~/ 2jo o,Q e`~~s- ~~ ~ 64 • . 23 ss~~ . \ \ ~ 80 40 0 80 ~ 6 lgc \ \ 16e W ~ '\ ~ SCALE: 1 " = 80' e_ LEGEND - s~43' DETAIL A o DIMENSION POINT B.S.L. BUILDING SETBACK LINE `SQO. ; O.R. OFFICIAL RECORDS S~ P.S.L. PARKING SETBACK LINE ~ .F P.U.E. PUBLIC .UTILITY EASEMENT S.D.E. STORM DRAIN EASEMENT ~ ~: o0 S.S.E. SANITARY SEWER EASEMENT ,~o• CITY OF PETALUMA RECYCLING FACILITY T~S. ~ TOPOGRAPHIC SURVEYS, ING. PLANT SITE AND WETLANDS AREA I• P"°TEA°s`'~°d°"~N°/L""osuRVErrNC~NCEs s912 8uslneae Pcrtc Ortve, S1,rce ,90 - Sacramento, ccr~ro,-nra esa27 PUBLIC ACCESS ts,a> aez-aao, ~ Fnx (s,s) 3az-~-oa ~ ~sww.copammurveycom ~ s~ Ordinance No. 2221 N.C.S. - Page 7 6 CALirOR~i}, ' ~~~ E OF CALIFO~A St'nte Coastal Conservancy BY (,-,tJrHU ~~~ i `^+^ ~ to HdME OF P1:.7tSOH SIGNIT7G Samuel Schuchat . ,, t..t Executive Officer Atsoutrr Fr+ctn.taE~ BY THIS DpC~p,rr S2,oO0,000.00 PRJOR AMOUNT ENCttMat~ FoR Ttnr roN'rR.ACT S-O- roru. A).-touNr E?tCiJA,iBERm TO DATE 52~000,00~.0~ PROGRAMtCA7ECORY (CODE AHDAND Tff7-~~ apital Outlay tOPT70NAL U5~ AC[7JCY CoN7'Rl,CroR flfoihertF, CO~CTOR -- patvtetshi a" a" individual, nett wl,eil,rs a carporQa~~ P, etc.) City of Petaluma 8Y tAtT1-ttORJZI~ StGttATURFa 1 c PRWt'Ep NA>.{E AND T1TI.fi OF PERSON SiGtttNG Mike Bierman ADDRESS C i t M a n a e r :. 11 English Street --.Petaluma, CA 94952-2610 ~tD T~~ S of e 'etaluma Marsh Acquisition and Restoration Access ^iAPTIIt 1760-301-0005(1)$369,4.50.00 760-301-0005 2 052 ( )(A)$1,319,900.00 106 760-301-0005(2)(0)$310 650.00 OBTECf' OF IXPEND ' 10 6 172JRE (CODE AND TIT1p -- ~~~v Da y h~relry certify upon my own personal'>aowledge that bred crud rvailablc jot the period and pu ore o th 8 ~~ are rP f c apcnditurt .ctatcd above. OF ACCpUNrtNG OFF)CF7t r•, STANDARD AGREEMENT _ PROVED aY ~~ STD.2t'R~S-91) ATTORNEY GENER_,gt TFi1S AGREEMENT made and cntcttd into thin ! ~ in the State of California, by and bctwcert State of California, '` day of ~~ ~~ through its duly elected or appointed, Quah and acting TTTtF OF OFFICER ACiiNG FOR SLATE Pursuant to Chapter 4.5 of Division 21 of the California Public Resour Coastal Conservancy ("the Conservanc ces Code, the State grantee"} a sum not to exceed two million dollabs $2a 00 to the City of Petaluma ("fie ( 0,000), subject to the terms and roN7-7tACT ~(- N~ N?1~c8F3t, 02-114 TAXPAYF3LS ~ 946000392 o Petaluma ~-. --„`„'°~~ ~TN1=5S)=TH: Tba[ the Contractor for and in considctalion oC the covenants, conditions, a rce agree to furnish Io the State scrvicca and ~~~~ ~ ems' complctfon, and attach j matctisls as follows; g meats, and stipulations of the P am and spccif~caaons, ! (`Scrforrh servicr to be r-cndcrcd Stntc htrrinifter e ley.) ~' Contractor, amotuu to be pfd ~~d- does hertz CA^aaLror, >i+r:c Jar p~~aau~- SCOPE OF AGREEMENT r.xecutive C'ONTRAC[OR'S NAAfE Cit f coxT;arvED oN (Continued on following pages) Sf3E1=TS, EACH BEARING N.~1.ZE OF CO The provisions ore the mcrae side hereof contxi P !'fTRACI'OR AND CONTltA~' NUMggt. I13 ~7FS5 WHEREOF ~ Lute ° set of this agreement. thin agrecinr-0t has b ern executed b Y the pattiu hereto, upon the date first about writttn. STAT CONTRACTOR STATE AGENCY T.B..L ND. Neighb°rhood... STATLf(E F15G~ YEAR 2000 00/O1 2001 01/02 2001 01/02 HA NO DATE 6- !~- 0 3 DEPT, OF GEN, SER. Ordinance No. 2~?1 r.l ~ c coNTROL Dcparurtent of General Ser:iecx: Urc O,tl~r ' 'ertify that this grant agreements . ' Is exempt from Aartment of General Services appr ) I ~ EX~IIIT Ordinance No. 2221 N.C.S. Page 18 DRAFT 2 July 21, 2005 RECORDING REQUESTED BY_ AND WHEN RECORDED MAC, 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 day 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, County 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 comply with Grant Agreement No. 02--114, and to protect the public's interest in the Easement, which was acquired with the assistance of state funds. 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 l9 DRAFT 2 July 21, 2005 1. ACCEPTANCE OF OFFER. This offer may be accepted only if the Conservancy fords that the existence of "the Offeror has terminated; 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. e. The Easement may not be used for mitigation in violation of Paragraph 4, below. Upon a fording by the Conservancy, following written notice and a reasonable 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; ar 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. Ifthe Conservancy deems necessary, prior to the Conservancy's approval of any transfer ofthe Easement; the transferee and the Irrevocable Offer to Dedicate Easement Ordinance No. 2221 N.C.S. PC7na ~n 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 anal 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 writtenpem>ission ofthe 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 properly, 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 n~nning 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 any provision 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 thi s offer shall be valid unless made in writing, signed by the Offeror and the Conservancy, and recorded in the Official Records of Sonoma County, Califorr>ia. The Offeror executes this document on the date first written above. CITY OF PETALUMA, the Offeror By: Michael A. Bierman City Manager ACKNOWLEDGMET~ I State of California County of On , 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 withir~ instrument and acknowledged to me that he/she/they executed the same in his/her/t:heir authorised capacity/capacities, andthat byhis/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. Irrevocable Offer to Dedicate Easement [Seal] Ordinance No. 2221 N.C.S. Page 22