HomeMy WebLinkAboutOrdinance 2238 N.C.S. 04/17/2006EFFECTIVE DATE
OF ORDINANCE
May 17, 2006
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Introduced by
Mike O'Brien
ORDINANCE NO. 2238 N.C.S.
Seconded by
David Glass
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA TERMINATING
AN ACCESS EASEMENT AND ACCEPTING CONVEYANCE OF A SUBSTITUTE ACCESS
EASEMENT FROM PARKWAY PETALUMA LLC, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CERTIFICATE OF ACCEPTANCE FOR THE SUBSTITUTE EASEMENT
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16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
17 WHEREAS, during the construction of the Gatti Park project (now Leghorns Park), the City
18 of Petaluma entered into an agreement with Parkway Plaza LLC under which Parkway Plaza LLC
19 granted and the City of Petaluma ("City") accepted a nonexclusive easement over a portion of
20 the Parkway Plaza driveway directly abutting City's Gatti Park property for vehicular and.
21 pedestrian access to the Gatti Park site (the "Easement"); and,
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23 WHEREAS, on October 14, 2005, the Easement as accepted by City was recorded as
24 Instrument No. 2005146910 in the Official Records of Sonoma County; and,
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26 WHEREAS, City has been advised by legal counsel for the Easement grantors that the
27 name of the Easement grantor provided to City by the Easement grantor at the time of the
28 grant was and is incorrect; and,
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30 WHEREAS, City has been asked by legal counsel for the Easement grantors to assist them
31 in correcting the identity of the Easement grantor by terminating the Easement and entering
32 into a new Easement Agreement for the same property (the "Substitute Easement"); and,
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Ordinance No. 2238 N.C.S. Page 1
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WHEREAS, the Easement grantors have executed a new Easement Agreement to
correctly identify the current Parkway Plaza property owner and easement grantor, as more
specifically described in Exhibit A attached hereto and incorporated herein by reference; and,
WHEREAS, the Substitute Easement is required to perfect the City's easement rights; and.
WHEREAS, pursuant to Government Code Section 37354, the legislative body of a city
may accept a conveyance of land to the City; and,
WHEREAS, pursuant to section 46 of the Petaluma City Charter,. the City Council must
adopt an ordinance to sell or to acquire real property; and,
WHEREAS, the City Council finds that the actions authorized and granted to the City
Manager under this ordinance to terminate the Easement and accept conveyance of the
Substitute Easement do not have the potential to result in a direct or reasonably foreseeable
indirect physical change in the environment, and therefore are not a "project" subject to the
California Environmental Quality Act as defined in Section 21065 of the California Public
Resources Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Conditional upon (i) execution and delivery by Parkway Petaluma LLC of an
Easement Agreement for the Substitute Easement in the form shown in Exhibit A hereto; (ii)
delivery of title to the Substitute Easement that is clear of outstanding assessments, taxes, liens or
other monetary encumbrances other than a first deed of trust securing primary financing for the
servient tenement; (iii) Parkway Petaluma LLC's agreement to indemnify and hold the. City
harmless for any and all claims arising from validity and/or use of the recorded easement
between June 14, 2005 and the date of recordation of the Substitute Easement; and (iv)
remittance to City of its costs and fees related to this Substitute Easement in the amount of
$ _ ,the City Council:
a) accepts the conveyance of the Substitute Easement from Parkway Petaluma LLC;
b) terminates the Easement;
Ordinance No. 2238 N.C.S.
Page 2
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c) authorizes and directs the City Manager to execute the Termination of Easement
attached as Exhibit B and a Certificate of Acceptance accepting the conveyance
of the Substitute Easement on behalf of the City of Petaluma.
Section 2. The City Manager is hereby authorized to undertake such further action as
necessary to carry out the intent of this Ordinance.
Section 3. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4. The City Clerk is hereby directed to post this ordinance for the period and in the
manner required by the City Charter.
INTRODUCED and ordered posted/wed this 3~d day of P.pril, 2006.
ADOPTED this 17t" day of April 2006 by the following vote:
AYES: Mayor Glass, Harris, O' Brien, Nau, Torliatt
NOES: None
ABSENT: Vice Mayor Canevaro, Healy
ABSTAIN: None
ATTEST:
Claire Cooper, City Clerk
-~~ eJ
i'
a
id Glass, yor
APPROVED AS TO FORM:
Eric ~V. Dan ity Attorney
Ordinance No. 2238 N.C.S.
Page 3
EXHIBIT A
RECORDING REQUESTED BY AND,
W1YEN RECORDED, MAIL TO:
City of Petaluma
Attn: City Clerk
11 English Street
Petaluma, CA 94952
MAIL TAX STATEMENTS:
AS BEFORE
The undersigned. Grantor(s) declare:
Documentary Transfer Tax = -0-
Transfer to Governmental Entity
{Cal. Rev & Tax Code § 1.1922)
>~ASEMENT A~ItEE~lWIC
A.P.N. 137-070-059
A.P.N. 137-070=084
THIS EASEIIRENT AGREEMENT ("Agreement") is made and entered into as of the ,~ day of
2006 by and between, PARKRTAY PETALUMA, LI,C, a Delaware limited liability
company (sometimes referred.to hereafter as "Parkway" or "Crrantor'~ and the CTfY OF PETALUMA, a
Galifomia municipal corporation ("City" or "Grantee"}. Farkway and City are sometimes hereafter each
individually referred to as a Party, and collectively referred to as the "Parties".
RECITALS
A. Parkway is the owner of that certain real pmperiy Iocated in the City of Petaluma, County of
Sonoma, State of California, commonly Imown as the Parkway Plaza ("the Plaza"}, being
Assessor's Parcel No. 137-070-Ob9.
B. City is owner of that certain real property located in the City of Petaluma, County of Sonoma,
State of California, commonly known as the Leghorns Park property ("Leghorns Park', being
Assessor's Parcel No. 137-070-080.
C. In connection with the development of the Plaza, Parkway's predecessor-in-interest agreed that
upon the City's request, it would grant City a nonexclusive easement over a portion of the
Plaza's driveway directlyabutting Leghorns Park to provide public vehicular and pedestrian
access, and ingress to and egress from Leghorns Park.
D. Ciry is now developing Leghorns Park and wishes to provide public access thereto over the
Plaza's driveway, and Parkway is willing to provide the agreed-upon easement.
NO~V, THEREFOYt]E, in consideration of the above facts, the Parties agree as follows:
1. GRANT OF EASEMENT. Grantor, hereby grants to City of Petaluma, Grantee, .a non-exclusive
easement for purposes of public pedestrian and vehic~s:ar ingress to and egress from Leghoms Park, Assessor's
Parcel No. 137-070-080 ("the Easement"}, said easement being located in the City of Petaluma, County of
Ordinance No. 2238 N.C.S. Page 4
Sonoma, State of California, and more particularly described as follows:
See EXl~13TT "A" attached hereto and incorporated herein by reference.
2. DOMIl~IANT AND SERVIENT ESTATES• LEGAL EFFECT.
(a} The Easement granted by Parkway to City hereunder is expressly for the .benefit of I,eghorns
Pazk, which shall be the dominant estate, and the Plaza shall be the servient estate, provided that only that
portion of the respective properties so benefitted, or bound and burdened, as the case maybe, shall be deemed to
be the dominant or servient estate, as the case may be_ The Easement granted hereunder maybe abandoned or
terminated by execution of an agreement so abandoning or terminating the same, by the owners of both the
dominant and servient estates.
(b) The Easement and each right created by this Agreement is appurtenant to the dominant estate
and may not be transferred, assigned or encumbered except as an appartenance to such dominant estate. Each
.covenant contained in this Agreement (i) constitutes a covenant running with the Land, {ii) binds the Parties and
every person now having or hereafter acquiring an ownership interest in the Plaza or Leghorns Park property,
and (iii) will inure to the benefit of each Party and each Party's successors, assigns and mortgagees. Each Party.
agrees that upon conveyance or lease of all or any part of its interest in the Plaza property or the Leghorns Park
property, together with the Easement created hereby, the transferee or lessee thereof, by accepting such
conveyance or lease will thereby become a party to and be bound by this Agreement. In each such instance the
Party conveying or leasing such interests .agrees: (a} to require the transferee or lessee thereof to assume and
agree to perform each of the obligations of the conveying Party under this Agreement by means of a written
instrument executed, acknowledged anal recorded in Sonoma County, California; and (b) to give notice of each
such conveyance or lease and agreement to the other Party within ten (10) days after the execution thereof.
Upon such assumption by a transferee or lessee and the giving of notice thereof, the conveying Party will
thereafter be released from any obligation under this Agreement arising thereafter with respect to the interests so
conveyed. Each Party agrees to execute and deliver any appropriate documents or assurances to evidence such.
release upon the written request of the conveying Party. .
3. DURATION. The Easement created hereunder shall be perpetual in duration, so long as such
Easement is used by the Grantee. Upon the nonuse of the Easement for a period of six (6) consecutive months,
the Easement shall~terminate, unless simukameously with the commencement of the period of nonuse, the
Grantee provides the Grantor with notice of an intention to resume use of such Easement within a specified
period of time following the date on which nonuse commences, and such resumption. occurs within such period.
4. ~ NO BARRIERS. The Parties agree that no wall, fence, or barrier of any kind which impairs or
impedes access to or use of the Easement granted hereby shall be construebeci or maintained on or adjacent to the
Easement or to any portion thereof, nor shall the Parties do anything which shall prevent; impair or discourage
the use or exercise of any of the Easement granted hereby, or the free access and movement thereon.
5. SHARED MAINTENANCE: REPAIRS_
(a) Parkway shall be responsible for performing all repairs to, and shall regularly perform
ordinary maintenance of, the Easement. The cost of such maintenance and repairs shall be shared as follows:
(I) Far ordinary maintenance and repairs, City shall reimburse Parkway for forty
percent (40%) of the cost of such work,
Ordinance No. 2238 N.C.S. Page 5
(2) Repairs required far damages to the Easement that are caused by, or attributable
solely to the actions or omissions of, or the use of the Easement by, Drily one of the Parties {"One-Party
Repairs', shall be performed by Parkway at the expense of the Party responsible for the damage.
(3} In the case of repairs which either Party reasonably determines are required to be
performed immediately to eliminate a hazardous condition ("Emergency Repairs', the Parties shall come to an
agreement as to the allocation of the costs of such work between the Parties following performance of the work
(4) In the event the parties cannot come to an agreement as to the costs, or the
allocation of the costs, the Parties agree to mediate and/or arbitrate the dispute with a mutually agreeable
mediator/arbitrator. The parties shall share the costs of such mediation or arbitration.
(b) Priorto performing any ordinarymaintenance and repair work on the Easement, or any
One-Party Repairs for which Parkway proposes to seek reimbursement from the City, and as soon as possible in
connection with any Emergency Repairs on the Easement, Parkway shall notify City of the pmpased work,
including detailed specifications of the work to be done, the identity of the contractor, and the total estimated or
actual cost of the work Except as to Emergency Repairs, such notice shall be given by personal delivery,
facsimile, or overnight mail not less than ten (10) days prior to performing any work estimated to cost less than
$10,000; and shall be given as provided in paragraph 11, not less than thirty (30} days prior to performing any
work estimated to cost $10,000 or more. Upon proper service of such notice, the City shall inform Parkway,
prior to the date proposed for commencement of work if possible, but no later than 30 following service of the
notice, whether or not City agrees to the work as proposed, the proposed costs, and the proposed allocation of
costs. In the event the Parties ca~ot Dome to an agreement, the Patties agree to mediate and/or arbitrate the
dispute with a mutuaIly agreeable mediator/arbitrator. The Parties shall share the costa of such mediation or
arbitration. Nothing in this paragraph shall. require Parkway to delay the performance of Emergency Repairs
pending City approval of the work and costs.
6. IND.
(a} Each Party covenants to defend, indemnify and hold harmless the other Party from. and
against all claims and costs, expenses and liabilities (including reasonable attorneys' fees} incurred in
connection with all claims, including auy action or proceeding brought in connection therewith, arising from or
as a result of the use of the Easement hereby created, including but not limited to, claims arising in comiection
with the death of any person, or any accident, injury, loss or damage whatsoever caused to any person, or to the
property of any person, exchiding claims caused solely by the negligence or willful act or omission of the
indemnified Party or its officers, employees, contractors, agents, or volunteers, wherever the same may occur_
(b) Notwithstanding the above subparagraph 6(a}, Parkway agrees to fully defend, hold
harmless and indemnify City from and against any and aII claims arising from public or City use of an easement
entered into between City and "Parkway Plaza IZ.C" as of Juue 14, 2005, and recorded in the Official retards of
Sonoma County, California as Instrument No. 2005146910 on October 3, 2005, between June 14, 2005 and the
date of recordation of this EasementAgreement, including but not limited to claims that City and/or the public
were not entitled to use the property described in said easement andlor claims that said easement was not valid
because of defer#s in the identification of the Grantor in said easement.
Ordinance No. 2238 N.C.S. Page 6
'7. LIABILITY INSURANCE. Each Party shall at all times during the term of this Agreement
maintain, or cause to be maintained, in full force and effect, comprehensive public liability insurance coverage,
including coverage for any accident resuiting in bodily injury to or death of any person and consequential
damages arising therefrom, and comprehensive property damage insurance, each applicable to the Easement, in
the amount of not less than One Million Dollars ($1,000, 000) per occurrence. Each Party shall furnish to the
other Parry, on or before the Effective Date of this Agreement, evidence that the inc~~rance referred to in this
Section is in full force and effect and that any premiums therefore have been paid
8. INJUNCTIVE RELIEF; REMEDIES CUMCILATIVE. In the event of any violation or
threatened violation by any Party of any of the provisions of this Agreement, in addition to the right to collect
damages, each Party will have the right to seek to enjoin such violation or threatened violation in a court of
competent jurisdiction. The rights anal remedies provided by this Agreement shall be deemed to be cumulative,
and no one of such rights and. remedies shall be exclusive of any of the others, or of any other right ar remedy at
law or in equity which any such Party might otherwise have by virtue of a default under this Agreement, and the
exercise of one such right or remedy by any such Party shall. not impair such Party's standing to exercise any
other right or remedy.
9. FORCE MAJEURE. Each Party shall be excused from performing any obligation or undertalQng
provided in this Agreement, except any obligation to pay any sums of money under the applicable provisions
hereof, in the event o~ but only for so long as, the performance of any such obligation is prevented, delayed, or
hindered by act of God, fire, earthquake, flood, explosion, war; invasion, insurrection, inability to procare or
general shortage of labor, equipment, facilities, materials or supplies in the open market', strike, lockout,
governmental order, or any other cause, whether simt7ar or dissimilar to the foregoing, not within the respective
control of such Party.
10. BREACH SHALL NOT PERMIT TERMINATION. It is expressly agreed that no breach of this
Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement. The faregoing
limitation shall not affect, in any manner, any other right or remedy which any Party may have by reason of any
breach of this Agreement. -
11. NOTICES. Any notices, demand, request, consent or other communication which either Party is
required or desires to deliver to any other Party shall be in writing and shall be provided by personal delivery, by
United States registered or certified mail with postage prepaid and return receipt requested, or by overnight
delivery service, addressed to the Parties at the addresses listed below, subject to the right of any Party to
designate a different address by notice similarly given.
To Parkway: Parkway Petaluma, LLC
c% Inverness
Attn: Egan Daniels
4747 North 7`b Street, Suite 400
Phoenix, Arizona 85014
Marlin Landis
16214 Sertella Drive
Encino, CA 91436
Ordinance No. 2238 N.C.S. Page 7
To City: City of Petaluma
Atnn: Director, Parks and Recreation
11 English Street
Petaluma, California 94952
Any notice, demand, request, consent, approval, designation, including any duplicate original, or other
communication so sent shall be deemed to have been given, made ar communicated, as the case maybe, on the
earlier of the date received, the date of the delivery receipt, or the third day a$er postmark, as applicable. If any
such notice requires any action or response by the recipient, such fact shall be clearly stated in the notice.
l2. AMENDMENT. The Parties may extend, terminate or modify this Agreement, in whole or in
part, only with the consent of all Parties, by declaration in writing, executed and acknowledged by the Parties,
duly recorded in the Office of the Retarder in and for the County of Sonoma, State of California.
13. NO THIRD PARTY BENEFICIARY. The provisions of this Agreement are for the exclusive
benefit of the Parties, their successors and assigns, and not for the benefit of any third person, nor shall this
Agreement be deemed to have conferred any rights, express or implied, upon any third person. It is expressly
understood and agreed that no modification or amendment of this Agreement, in whole or in part, shall require
any consent or approval on the part of any permittee or occupant other than a Party.
14. SEVERABILITY. If any term, provision or condition contained in this Agreement shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement {or the application of such term, provision
or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable} shall
not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable
to the fullest extent permitted bylaw.
15. SUCCESSORS. This Agreement shall, except as otherwise provided herein, run with the land,
both with respect to the benefits and the burdens created hereby, and shall be binding upon and inure to the
benefit of the respective successors and assigns of each Party.
• 16. TIME OF ESSENCE. Tinge is of the essence with respect to the performance of each of the
covenants and agreements contained in his Agreement.
17. NO WAIVER. No waiver of any default by any Party to this Agreement shall be implied from
any failure by any other Party to take any action in respect of such default if such default continues or is
repeated. No express waiver of any default shall affect any default or cover any period of time other than the
default and period of time specified in such express waiver. One or more waivers of any default in the
performance of any term, provision or covenant contained in this Agreement shall not be deemed to be a waiver
of any subsequent default in the performance of the same term, provision or covenant or any other term,
provision or covenant contained in this Agreement. The consent or approval by any Party to or of any act or
request by any other Party shall not be deemed to waive or render unnecessary the consent to or approval of any
subsequent similar act or request.
Ordinance No. 2238 N.C.S. Page 8
18. ATTORNEY'S FEES. Zn the event either party hereto shall commence any legal action arising
out of this Agreement or the performance thereof, the party prevailing in said action or proceeding shall be
entitled to recover, in addition to its court costs, reasonable attorney's fees to be fixed by the Court.
19. COSTS AND OTHER FEES. Notwithstanding anything to the contrary contained in this
Agreement, upon any foreclosure, or acquisition of title to the Plaza by deed in lieu of foreclosure or trustee's
sale or otherwise, no mortgagee or any party claiming by, through or under such mortgagee (together a
"Grantee's will be liable for any costs, fees, liens or charges accruing in connection with this Agreement
occurring prior to the date such Grantee acquires title, but shall be liable only to the extent of any costs, fees,
liens or charges accruing during the term of such Grantee's ownership.
20. GOVERNING LAW. This Agreement shall be construed in accordance with the law of the
State of California.
21. The individual or individuals signing this Agreement on behalf of Parkway Petaluma, LLC
represent and warrant that (i} Parkway Petaluma LLC has full power and authority to enter into this Agreement
and to perform under this Agreement; (ii) the execution, delivery, and performance of this Agreement by
Parkway Petahlma LLC have been duly and validly authorized by all necessary action on the part of Parkway
Petahuna LLC, and all required consents and approvals have been duly obtained; and (iii) this Agreement is a
legal, valid, and binding obligation of Parkway Petaluma LLC, enforceable against Parkway Petaluma LLC in
accordance with its terms.
1N WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.
GRANTOR:
PARKWAY PETALUMA, LLC,
a Delaware limited liability
company
By. Landwin Management, LLC,
a Delaware limited liability
company
as Manager
By: Sylvia Inc., a California
Corporation
as Manager
By:
Martin Landis, CEO
Ordinance No. 2238 N.C.S. Page 9
GRANTEE:
CITY OF PETALUMA
By:
City Manager
ATTEST:
By:
City clerk
CTI'Y OF PETALUMA
By:
City Manager
ATTEST:
By:
-,City Clerk
State of California }
)§
County.of Los Angeles )
On , 2006, before me, Meghan Fomelli, a Notary Public in and for said state, personally
appeared MARTIN LANDIS, personally Imown to me (ar proved tome on the basis of satisfactory evidence) to.
be the gerson(s) whose names} is/are subscribed to the within instniment and acknowledged to me that
helshe/they executed the same in hislher/their authorized capacity(ies), and that by her/herltheir signatute(s} osa
the instrument the person(s),or the entity upon behalf of which the person{s) acted, executed the instrnmertt.
WITNESS my hand and official seal.
Signature of Notary
Ordinance No. 2238 N.C.S. Page 10
Exhibit "A'`
Access Easement
Lying within the City of Petaluma, County of Sonoma, State of California, being a
portion of Parcel 2, as shown on Parcel Map No. 303 filed for record in Book 562 of
maps, Pages 33 through 36, Sonoma County Records, said portion is more patrticularly
described as follows:
A strip of land 28.00 feet in width, the southeasterly line of which is described as follows:
BEGINNING at a point on the northeast right of way of Sonoma Mountain Parkway,
being the most southerly corner of said Parcel 2; thence along the southeasterly line of
said parcel 2, North 35°31'23" East 200.00 feet.
The northwesterly line of which shall be lengthened or shortened to terminate at the
northeasterly line of Sonoma Mountain Parkway.
Containing 5600 square feet more or less
Being a portion of APN 137-070-069
END OF DESCRIPTION
Prepared by Cinquini &Passarino, Inc.
ames M. Dickey
PLS 7935
Exp. l 2/31 /OS
/ ~ ~~P` AND s~~
<v \ ~~S M D/C'~p
> <o
n No. 7935
,~ ~p.,2-3,-os
\TA~O~~CR~` /
~290~
Date
Cinquini &Passarino, Inc. • 1360 No. Dutton Ave., Ste. ] 50 • Santa Rosa, CA 95401 • (7U7) 542-6268
>]40/LD/Access
Ordinance No. 2238 N.C.S. Page 1 1
Q
N~
L.L
nQ
6.1,.
GIN/c~PARI<4~1,~Y PL1aZA I LC
137-070-J59
DN 1 999-84 084
PARCE L 2
PARCEL MAP N0. 303
BOOK 502 MAPS, PAGE 33-30
28.00' ACCESS EASEMENT
~u~; 200.00'~.~_~ ~ ~ ~~~L~
N35'31'23' I
0
I
O
l'S~~iiY V..:.
BE/NG SOUTH 353123° WEST BETWEEN A FOUND BRASS
D/SK /N MONUMENT WELL MARK/NG A PO/NT 9.00 FEET
SOUTHWEST OF THE CENTERL/NE OF SONOMA MOUNTA/N
PARKWAY AND A 1/2" /RON P/PE TAGGED LS 4483
MARK/NG 7NE SOUTHEAST CORNER OF LOT 1 AS SHOWN
ON PARCEL MAP NO. 278, BOOK 526 OF MAPS PAGE
14-15, AND AS SHOWN ON PARCEL MAP NO. 303, BOOK
562 OF MAPS PAGE 33-36
OWNER AND
MAILING ADDRESS
G&W & PARKWAY PLAZA LLC
1318 REDWOOD WAY, STE 140
PETALUMA, CA 94954
A.P. No. 137-070-069
O.R. No. D.N.1999-84684
O.R. No.
Cl-fY OF PETALUMA
FUTURE GAT-fl PARK
137-070-080
80.40
LOCATION MAP
e-°P~ ~~s
~ o~~ ~~c I
~'~ SONOMA ~~
? ~
~~, ~ SI
101 ~~
B~
PROPERTY AREAS
ORIGINAL PARCEL 7.13 Acres
FEE
ESMT 5600 SQ. FT.
CITY OF PETALUMA
CITY OF PETALUMA
ACCESS EASEMENT
G&W&PARKWAY LLC TO
CITY OF PETALUMA
Scale: 1"=50' Date: 4/21/04
DWtJ. JMD APPROVED
cHK. PGge 12
EXHIBIT B
RECORDING REQUESTID BY AND,
WIN RECORDED, MAIL TO:
City of Petaluma
Attn: City Clerk
11 English Street
Petaluma, CA 94952
MAII., TAX STATEME?NTS:
AS BEFORE
The undersigned Grantor(s) declare:
Documentary Transfer Tax = -0- A.P.N. 137-070-069
Transfer to Governmental Entity A.P.N. 137-070-080
(Cal. Rev & Tax Code § 11922)
T'ERiV~TA'1'i®1V OF ~ASEMEN'1'
This Release is given by the City of Petaluma, a California Municipal Corporation
("City"}, of Petaluma, California to Parkway Petaluma, LLC, a Delaware limited liability
company ("Parkway'.
On June 14, 2005 Parkway, incorrectly identified as Parkway Plaza LLC, as Grantor,
granted to City, as Grantee a nonexclusive easement to provide public vehicular and public street
access to and from Gatti Pazk, pz~*~~ant #o the terms of an Easement Agreement recorded as
InsteUment No. 2005146910 is the Official records of Sonoma County, California, on real
property described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference.
For good and valuable consideration, receigt of which is hereby ac~owledged, Cify
releases to Parkway the Easemenn# described above, it being the intention of the Parties to
terminate this Easement and reinstate it in corrected form_
IN WITNESS, Ciry has executed this release on , 2006 at
CITY OF PETALUMA
By:
City Manager
ATTEST:
By:
City Clerk
Ordinance No. 2238 N.C.S. Page 13