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HomeMy WebLinkAboutAgenda Bill 5D-SMARTEasement 08/03/2009t r t 1 ~ w. CITY OF PETALUMA, CALIFORNIA ^ . _ ~ ~. August 3, 2009 Agenda Title: 1Vleetin~ Tate: August 3, 2009 Discussion and. Possible Introduction (First Reading) of an Ordinance A-uthorizing the Expenditure of $5,500, Plus Costs anal Fees; to Purchase 1Vleetin~ Time: 7:00 P1VI Easements from Sonoma Marin Area Rail'.. Transit (SMART) in Connection with;:the Caulfield Lane: Extension. At-.Grade Railroad Crossing Project and Authorizing'the City Manager to Execute Al1;Required"Documents. Cate~o~: ^ Presentation ^ Appointments ^ Consent ^Publie-Hearing ~' Unfinished business ~ New Business I)epartnient: Tirecto : Confact Person: Phone Number: Public Works Vincen M , erigo Larry Zimmer 776-3674 -Total Cost of Pa-oposal• or Ppoiect: $5,50:0 Name: of.Fundt 'PCDC: $'5,500 Amount'Bud~eted:'$1;506,000 (Total. Project.Budget) Account Number: 001200104-30200-62110 Current I+'und balance: $909,343 (Project . Balance) . _ _ Itecomgnendation: It `is recommended that tie City Council take the following action: Introduce ordinance authorizing the: expenditure of $5,500, plus costs and fees, to purchase easements from SMART in connection with the Caulfield;Lane: Extension At=Grade Railroad Crossing Project and authorizing the Cify Manager to execute all required documents. 1. ^ First reading of Ordinance, approved unanimously,. or with unanimous vote'to allowposting prior to second reading 2. ^ First reading of Ordinance, approved without unanimous-vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ^ Other action requiring special. notice: Notice has been given, see Attachment Sunimary-°Statehaent: The Crty desires to .install a new at-grade railroad crossing on Caulfield Lane Extension in order to be able to close' an existing.. crossing on Hopper Street. at Lakeville Street, and easements from SMART are needed for the construction;; operation, .and maintenance of `the crossing, sidewalk, public utility, and storm drain system. Atta'chffients~ to Agenda Packet Item: 1. Ordinance; including Easement Agreement (Exhibit A to Ordinance) and ,accompanying legal descript-ions of the easements'(Exhibits to Agreement): ~ ' Rev`ewed b Finance Director.:, Iteview~ed by City Atforney:; A rov ' 1Vlana er: r 7~a3 ~~~ mat . - -- _ _ _ _ __, _ / Rev. #4 Date Last Revised: 07/22L09 File:- st'~.clY llieision\ProjectstRaflroad ,at=crane on CaulTicld - C'(}12(?01(T4(formerly C:O(7200IEt4.j'•,llcsign`,.:i3Q PCD~'-Citq ~ ~ /~y _ E'uwtcil`S~4AR'P easement~titaff Report re CC' ordinance re purchase of S;~9fiR"1 easemcnt,.aoc,U(3C . CITY ®F P)E T ALU1dIA, ~AI.~+ORNIA AUGUST 3~ 2009 .AGENDA REPORT FOR DISCUSSION AND POSSIBLE INTRODUCTION (FIRST IaEADING~ OF AN ®RDINANCE AUTHORIZING THE I~+ XPENDITLTRE OF $5,50®, PLUS COSTS AND FEES, TO I'IJRCHASE I+ ASEMENTS FROM SMART IN CONNECTION WITH'THE CAULFIELD DANE EXTENSION AT-GRADE RAILROAD CROSSING PROJECT AND AUTHORIZING TIIE CITY ~VIANAGER TO I+ XECUTE ALL REQUIRED DOCUMENTS .RECOMMENDATION: Introduce ordinance authori"zing the expenditure 'of $5,500, plus costs and fees, to purchase easements from SMART in connection with the Caulfield Lane Extension At-Grade Railroad Crossing Project and authorizing the City Manager to.execute all required documents. 2. BACKGROUND: The City desires to install a new at-grade railroad crossing on Caulfield Lane Extension in . order to be able to close an existing crossing on Hopper Street at Lakeville Street. During the design, it was determined that easements on SIVLART property were needed .for the construction, operation, and maintenance of the crossing, sidewalk, public utility, and storm drain system. Staff has. successfully negotiated easement terms with SMART, at a cost of $5,500. SMART's Board approved the Caufield Lane roadway crossing easement and associated sidewalk, utility and storm drain easements under the Easement Agreement between SMART, the City of Petaluma and PCDC at its. June 24, 2009 meeting. 3. DISCUSSION: Relocation of the existing rail crossing to Caulfield will improve safety and improve the potential for future development in the area. To facilitate construction of the railroad crossing; staff recommends authorizing City Manager to execute al] documents relating to the grant of easement. 4. FINANCIAL,IMEACTS: The cost o.f the easements on SMf1RT's property is $5,500, excluding title, escrow, and other miscellaneous costs totaling an estimated $3000. This expense will be paid from the approved budget for the Caulfield Lane Extension At-Grade Railroad Crossing Project. 2 ti C1R`L)i~'i~iun:.Rf~diects',Itailrc~a3~~t-Grade oi~ Caulfield CU-]'?UOli;4tfonnerl~° CO(i?U01(141`~.L~e.rgn33G I'CllC-Cite Councif~~~b1AK'1~ea~ement~S[at)Kepoil rc.C C orilrnanoere pureha~e i~f S:\1Alt~f easen;<nt,doi.L)OC TT' ._ 1. ORDINANCE N. ,O. N.C.S. AU'T>EIORIZING `'THE EA'PENDI'TiJ1tE OF X5,500, PL><TS COSTS AND FEES, TO PiFItCI~A:SE EASEMENTS FROM SMART IN CONNECTION WITH THE Cr~IJLFIELI) LANE EX~'ENSION~ AT-GRADE RAILROAD CROSSING. PROJECT AND ~AiJTHORIZING THE' CITY MANAGER TO EXECTTE ALI; I2EQLTIRED DOCUlVIENTS WHEREAS, SMART is the owner of a parcel o'f real property located at the western terminus of Caulfield Lane,: in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel No. 005-060-080 (Parcel); and W)EIEREAS, the City of Petaluma. (Grantee) is acquiring from Grantor easements for the construction; operation and maintenance of a railroad crossing, sidewalk, public utility and storm drain system; and WHEREAS, for such purposes, Grantee intends to construct the crossing, sidewalk, public utility and storm drain system onto the easements; and WIIEItEAS, staff has successfully negotiated easements terms with SMART;.. and WHEREAS, the City of Petaluma, in consultation with. the Grantor, has prepared an easement agreement, which is attached to this: ordinance as Exhibit A to Qrdinance and incorporated herein by reference; and WHEREAS, environmental impacts of the at-,grade crossing for which the proposed easements are being, acquired were studied for purposes of the California, Environmental Quality Act. ("CEQA") as part of the Final Environmental Impact Report for the Central Petaluma Specific Plan ("CPSP") certified by the City of Petaluma prior to adoption of the CPSP (SCH #2OQ2-112-039) ("FEIR"); and WHEREAS; on February 16, 2006,. the PUC issued its Opinion Conditionally Granting Application 04-06-030 ("2006.Opiriion"), which conditionally approved relocation of the crossing. and expressly determined after thorough review that the City's prior environmental review was adequate to support the PUC conditional approval;. and • WII3<EEI2EAS, at such time; as passenger rail service corririiences along the rail line; the City is :required by, the °2006 ~O,pinion to appl to the PUC for continued authorization of the at-grade crossing,' and will include as part ;of fhat; application any supplemental environmental evaluation required because of future institution of passenger rail 'service. NOW, 'I`IIEREFORE, BE IT OIHDAINED BY THE CITY COl(JNCII., OF THE CITY. OF PETALUIVIA AS FOLLOWS: Section 1. The Recitals are true and correct and adopted as findings of the City Council. Based on said. findings, environmental review of the at-grade crossing relocation has-been conducted pursuant to CEQA aril supports the acquisition of the easements authorized by this ordinance. 3 >tClk' E)i~tsi~n!;}'rojects'Kailroa~ ,~F-(;racie ¢n Canlilelil{U12(i}ii)dtformerh (~U(!?U01041'a)esi?n.3U NCL)C-Cin Cirwteif.S'vt~UZT ea~emenC.Siaff7LeF3orr re C:~' grdinan~e re pwiltase of 5~1. IJZ f egsement~.do~,C3UC Section 2. The City Manager is authorized to execute the Easement. Agreement attached as Exhibit A hereto and all documents necessary to acquire and accept the easements which are the subject of the Easement Agreement. Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation,. such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City .Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof .irrespective of the fact that. any one or more. of said provisions be declared unconstitutional, unlawful ox otherwise invalid.. Section 4. This ordinance or a synopsis of it shall be posted and/or published for the period and in the manner required by City charter. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. 4 ~:`.C~IP Dri~i~in`:Proi~ct~'ltailroad.li-Graderm C'aullield f~Ul?(t0 Odtfunnerl~' Ci10't1~1Q41'',L)eagn`_~30 Yt`UC-C in Cumutl.~;~1 ~1[i"i ea>emznCStaf2 KeFTOit re C:~ ordinance re purgh;iceuf 4,1q~R'I~ easement~.do~.DUC ~x st~r ~ ~o ®~~~cl~ RECORDING REQUESTED BY: CITY OF PETALUMA WHEN RECORDED MAIL TO: . City of Petaluma 11 English Streef Petaluma, CA 94952 Attn: City Clerk APN: 007-579-029-000 Exempt. from Recording Fees Government Code Section §6103 This space for Recorder's use only. EAS)E+ 1VIEN~' ~iG)E~EIdI>EN1' This Easement Agreement ("Agreement").is made by and between the Sonoma Marin Area Rail Transit District, a public agency created under California law, ("SMART"), the Petaluma Community Development Commission, a public body corporate and politic ("PCDC") and the City of Petaluma, a California municipal corporation, ("CITY"). SMART, PCDC. and .CITY are sometimes referred to hereafter as the "Parties." RECITALS A. SMART is the owner of the former Northwestern Pacific Railroad right-of--way described in that certain quitclaim deed from the Northwestern Paci'f c Railroad to SMART recorded in the .Official Records.of Sonoma County as Document No..'2004 028629. The portion ofthe right-of- way affected by this Agreement islocated in the City of Petaluma, County of Sonoma, at MP 5- 37.8 and further described in Exhibits 1 A, 1 B, 2A, 2B, 3A, 3B, 4A and 4B (the "SMART Property"). B. The North. Coast Railroad Authority, a public agency' ("NCRA") has a perpetual freight easement over the SMART Property. C. On or about July 31, 2008, PCDC and NCRA entered'. into that certain Interagency Agreement. Between the Petaluma Community De~!elopment'Commission acid the North Coast Railroad Authority Regarding Crossing Relocation.. from Hopper Street to Caulfield Lane ("Crossing Relocation Agreement"), providing in part that an existing mainline railroad crossing located at NIP 5-38.3 in the City of Petaluma ("Hopper Street Crossing") be relocated to the SMART Property at MP 5-37..8, at Caulfield Lane in the City of Petaluma ("Caulfield Lane Crossing"). D. SMART stated .its support for the .relocation of the Hopper Street Crossing to the Caulfield Lane Crossing in a.letter dated October 9, 2007. 'The. relocation necessarily includes use of the SMART Property for the Caulf eld Lane Crossing. 5 C:'C fP L)i~ i>ion'.Nrol~ct~.hailroad A[-Grade nn Cauflielii'{(}I"(.ii)}OAtfuniierl~ CUOZ401(141.Dei~n'~:~3U PCDC-Cis CounCil`S~iAIi I ea~<menr.Siafi Reiwrt ie CC ~~rdinsn~e re Uureh;rce ufSti1~3R'f easenienu.doc[?(X'- E. The relocated rail crossing provides mutual benefit, including but not limited to improved rail crossing safety, to the Parties to this Agreement and to NCRA, which mutual benefit constitutes additional consideration for this Agreement. F. Relocation of the railroad crossing necessitates the construction and/or installation of certain public improvements including a railroad crossing. surface and new crossing signals, all the necessary wiring. and electrical connections related to the signals or equivalent protective and warning measures acceptable to the City, SMART and NCRA, as well as public.irnprovements for pedestrian and vehicular access over the relocated crossing and public utilities, including obtaining an easement naming SMART as grantee, affecting 258 square feet more or less of property (the "Signal House Easement") together with an easement for utility purposes to ~` connect the Signal House Easement and improvements thereon to other signal equipment already existing for the proper operation of signal arms, lights, audible warning devices and appurtenances thereto ("the Utility Easement"); for the benefit of SMART and NCRA. The Signal House Easement and the Utility Easement areas shown in Exhibits SA and SB attached hereto arid incorporated. herein ~by reference; The Utility Easement will affect the same property burdened by a Public Utility Easement which is to be acquired by the CITY as grantee. The CITY and SMART anticipate: that utilities to serve the Signal House Easement will be placed in one of three 4" conduits to be installed by NCRA's contractor as shown on HDR Plan Sheet C- 002. G. The Crossing Relocation Agreernerit sets forth the rights and responsibilities of the PCDC and NCRA with respect to the relocation of the mainline railroad crossing from Hopper Street to Caulfield Lane, including construction of Caulfield Lane approaches from its existing terminus to Hopper Street, and the obligation to obtain various rights for temporary construction easements and long term .right-of--way easements within the SMART Property. H. The Crossing Relocation Agreement provides at Paragraph 4 that SMART shall own the Caulfield Lane crossing signals. and Caulfield Lane crossing. surface upon completion. City and PCDC acknowledge that the City is bound by and subject to California Public Utility Commission (PUC) Decision 06-02-036 dated February 16, 2006, and any subsequent modification of said Decision. CITY and PCDC wish to obtain four permanent easements over the SMART Property for the purpose of construction and use of the relocated Caulfield Lane Crossing ("the Project"), including (1) :public vehicular arid. pedestrian access easement for an extension of Cautf eld Lane across the SMART prop. erty; (2) public ;sidewalk. easement on both sides of the Caulfrel.d Lane. extension; (3) public utility easement on both sides of the Caulfield Lane extension; and (4j public storm drain easement for an extension of the existing storm drain all as further described in Exhibits I through 4 to this Agreement. NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual covenants,. terms, conditions and restrictions contained herein, SMART, PCDC and CITY covenant and agree as follows: 6 5.`•.C!!', L)i~uiori'.Yiot«I~iKailroad At-Grade r~r C;rulfielii C'Ul'Ot}3Qdlfonnerl~ CUU?U0104j`.De.t~~n.~1U 1'C~llC-Ci[v Council'SnL~ILI ea~ernent`.Staf2 ReFwrt re C~`ordinan~e`re p(ir~hase of S~'11h1 e~tsement~.do~.1)UC AGREEMENT Grant ofNon-Exclusive Easements. SMART hereby grants to CITY non-exclusive easements over the SMART Property of the .nature, character and extent, and subject to the conditions, set forth in this Agreement ("the Easements"). 2. Description of Easements over SMART Property. The Easements dare perpetual easements and rights=of--way for the purpose oflaying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using the .improvements in accordance with improvement plans entitled "The Caulfield Lane Extension Railroad At-Grade Crossing and Hopper.Street Closure at Lakeville Street-Project No. 001;200104" ("the Project") in, under, along and across the portions of the SMART Property described in subparagraphs 2a, 2b, 2c and 2d ("the Easement Areas"); provided,.however, that CITYshall r}ot damage or restrict SMART's full use of the SMART Property or the improvements existing thereon in any way. SMART reserves the right to install, construct, operate, and -maintain :both its existing improvements and any future improvements on the SMART Property: The granfs of easement herein .are subject and subordinate to the rights of SMART, arid:ts successors-and assigns, to use the SMART Property in the performance of its governmental and proprietary functions. SMART nevertheless agrees that it shall .avoid to the maximum possible extent the installation, construction, operation and/or maintenance of. its existing and any future improvements on the SMART property in such a way as to substantially preclude use: of `the Easement Areas' and%or the Project as a rail crossing. The easements to be granted by SMART in accordance with this Agreement are described as follows: a. An easement for public vehicular and pedestrian access as further described. in Exhibits 1 A and 1 B attached hereto and' incorporated' herein `by reference. b. An easement for public sidewalks, as further described. in Exhibits 2A.and 2B attached hereto and incorporated herein by reference. c. An easement for public utilities, as further described. in Exhibits 3A and 3B attached hereto and incorporated herein by reference. d. An easement for public storm drain purposes, as further described in Exhibits 4A and 4B attached hereto and incorporated herein by reference. 3; 'Signal House Easement and Utility Easement: CITY hall obtain an easement naming SMART as; grantee; affecting 258 square feetrnore 'or less of property (the ".Signal House Easement") together with an easement for utility purposes to eonnect;the Signal House Easement and improvements thereon to other signal equipment already existing for the proper operation of signal arms, lights, audible warring devices and appurtenances thereto ("fhe Utility Easement"), for the benefit of SMART and NCRA. The Signal House Easement and the Utility Easement are as shown in Exhibits SA and SB attached hereto and incorporated herein byreference. The Utility Easement will affect the same property burdened by a Public Utility Easement which is to be acquired. by the CITY as grantee. The CITY and SMART anticipate that utilities to serve the Signal House Easement will be placed in one of three 4"' conduits to be installed by NCRA's contractor as shown on HDR -Plan. Sheet C-002. 7 s `;.Cf(' Di~-ieionlYroj.cts`..Railroad?:[-Grade rn tauliieid CY!1~Ot}It}~lfornierl} 0002U91C~4) [)e>iep3?U l'CLX:-CiE\ Council'>5~1:1K 1 ea~emettY_StaffKeport rrC:G" ordinance re purchase of ti~4~K f easenunt~ dbe.[)UC 4. Term. Thee Easements. shall continue in perpetuity unless this Agreement is amended or terminated by mutual consent, in accordance with. Section 16. Maintenance of Easements. CITY shall maintain. all improvements within the Easement Areas at CITY's sole cost and expense:. •CITY shall use diligent, good faith efforts to provide that any reconstruction or maintenance activities performed by CITY and related to the easements shall not interfere with SMART's continued use of the SMART Property or the Easement Areas or for any purpose. Right of Entry Permit. CITY agrees to obtain from SMART aRight-of--Entry Permit to enter upon Easement Areas for the performance of any work. CITY may designate a contractor to perform such work, in which case that contractor shall obtain aRight-of--Entry Permit from SMART to enter upon Easement Areas. SMART shall not unreasonably deny any Right-of- Entry Permit contemplated hereunder. CITY shall give notice to SMART prior to commencement of any work, as required. by the Right-of--Entry Permit. 7. Fiber Optic S sty ems. The rights. granted by this Agreement are subject to the rights of SMART (or anyone acting with the permission. of SMART) to construct, reconstruct, maintain, and operate fiber optic and other telecommunications systems (."Systems") in, upon, along, across, and beneath Easement Areas and SMART rights-of ways, including Easement Areas upon which Project. shall be constructed. CITY agrees to reimburse.SIV1ART and/or the owner of Systems existing as of the, effective date of this Agreement for all expenses.incurred by the owner of"said existing Systems to maintain, repair and/or relocate said existing Systems which would 'not have been incurred except by reason of the use of the Easement Areas by City, its agents, employees or invitees, including any damages incurred by such owner due to injury to said existing Systems. For future Systems installed after the date of this Agreement, CITY agrees to reimburse SMART or the owner of the Systems for all damages incurred by SM-ART or the owner of the Systems due to the CITY's negligence or the negligence of its agenfs, employees qr invitees. CITY is not responsible to reimburse SMART or the owner of the Systems for relocation costs for the. future Systems. In addition to other provisions of this Agreement requiring CITY to give notice prior to commencing work, CITY shall,.. telephone Qwest Communications, Inc. at 1 (800) 283-4237 (a 24-hour number) to determine whether a telecommunications system is buried anywhere ora, Ease. rnent Area. `If there is, CITY will telephone the .owner of-the system designated by SMART, arrange for a cable. locator, and make arrangements for relocation or other protection fQr the System prior to beginning any work on Easement Area. 8. :Project Markers. Project markers in a form and size satisfactory to SMART, identifying the facility ,and its owner, shall be installed and perpetually maintained by and at the expense of CITY at SMART's property lines or such locations as SMART shall reasonably approve. Such markers shall be relocated or removed upon reasonable request of SMART without expense to SMART. The absence of markers does not constitute a warranty by SMART that there are. no subsurface installations. 9. Waste or Nuisance- SMART's Rights in Property. CITY shall not commit or suffer: (a) any -waste or nuisance on the Easement Areas; (b) any action or use of the Easement Areas which 8 ti":CfE' Dig i~iuntNro~ertSJ:ailruad At-C;raciz can Catiltiz(d (_~Ol~(?U}OdLfomizrl~' ~ i1HZU07p41`.aea~~n.~3U t'CUC;-Cite Council`.)>\~i,~K'1 ea~zmznt'.Staff Kz~ort rz C C <ndinante re purchase ut ~~f.'1lZ I' easements Jc~~.llOC interferes or conflicts with the use of'the Easement,Areas by SMART or any authorized rail operator or any other entity with prior easement or license rights; or (c) any action on the Easement Areas in violation of .any law or. ordinance. ,Except as otherwise provided in this Agreement, CITY shall not undertake or permit any activity or use on the Easement Areas that is inconsistent with the purpose of thus Agreement. 10. Indemnity. .SMART; its successors and assigns, any railroad company operating on SIVIART's property and their respective directors,. officers;, agents, and employees shall not be liable to CITY or any third party for any liability; injury, .loss; or damage, including but not limited: to, injuries to, or death of, any person or the property or employees of either party ("Claim") arising out of or in connection with the use• of the easements. granted herein, except to the extent that such Claim relates to the negligence or willful misconduct of SMART and/or any railroad company operating on SMART's property. CITY agrees to defend, indemnify, hold harmless, and release SMART, its directors, officers, agents,. and' employees, from and against any and all actions; claims, suits, damages; liabilities; or expenses(collectiv.ely, "Claims") that may be asserted by any person or entity, including CITY,, relating fo the CITY's negligence or willful misconduct iri connection with the easements .granted herein,. except to the extent that such Claims relate. to the negligence and/or'willful misconduct of SMART and/or any railroad company operating on SMART's property. 1 l . Enforcement. If through inspection or otherwise SMART determines that CITY is in violation of the provisions of this Agreement or that a violation:is threatened, SMART shall give written notice to CITY of such violation and demand corrective action sufficient to cure the violation. If CITY fails to cure the violation within fourteen (14') days~after receipt of notice thereof from SMART, or under circumstances where the vio}ation cannot reasonably be cured within a fourteen. (] 4) day period, fails to begin curing such violation within the fourteen (14) day period, or fails to continue diligently to-cure such violation until f Wally cured, SMART may bring an action to enforce the provisions of this Agreement,, enjoin the violation, recover damages and enforcement costs for the violation,, and require restoration of the easements to the condition that existed prior to the violation. If SMART reasonably determines that circumstances require immediate action to prevent or mitigate a violation.or threatened violation of the provisions of this Agreement, SIvIART maypursue its remedies under this paragraph without prior written notice to CITY and without waiting for the period for cure'to expire. 12 Compensation for Easement. As consideration for the easements granted herein, .CITY shall pay SMART the.sum ofFive Thousand Five Hundred,Dollars ($5,500.00). Said sum shall be the ,purchase price for .the Easement Areas so conveyed by SMART pursuant: to this Agreement and in settlement of all matters relating: to CITY's acquisition of the Easement Areas, including, but not limited to, claims for relocation benef ts, loss of„goodwill, and any severance or other damages. CITY shall pay all escrow, closing, and document recording fees incurred. CITY shall also reimburse SMART for staff, and consultants time to review and prepare documents assodated with- this project in .an amount not. to exceed $5,,000. A separate invoice detailing such expenses by date, time spent and persormel involved shall be provided to CITY after negotiations have concluded. Uponreceipt of this Easement Agreement, duly executed and acknowledged, CITY shall execute an acceptance of`tlme Easement Agreement and deposit said Easement Agreement and acceptance in an internal escrow with the CITY. 9 ~:jl'lf' Dig i~ion'.YrojectSlRailroad At-Grade un Caulfield C'{H?ftUl~)~tfomrerh 0003U01(+4i L)°~i~ n.>3(i 1'~ L)C-Cin Corincil`~MAR I e:+ement'Stafi Report =re:;C.l ;ordinance re punliasr u1 S19alt C easement~:do~.ll(X~ 13. Enforcement. Discretion. Enforcement of the provisions of this Agreement shall be at the discretion of the parties, and any forbearance by a party Ito exercise its rights under this Agreement in the event of any breach of any provision of this Agreement by the other party shall not be deemed or construed to be a waiver by'the party of such provision or of any subsequent breach of the same or any other provision of this Agreement or of any of the party's rights under this Agreement. No delay oromission by a party'in'the exercise of any right or remedy upon. any breach by the other party shall impair such right or remedy or be construed as a waiver. 14. Access and Control. Except as otherwise expressly provided in this Agreement, SMART retains the exclusive right of access to and control over the Easement Areas. Nothing contained in this Agreement shall be construed as precluding SMART's right to grant access to third parties across the Easement Areas consistent with use of the Easement Areas provided in this Agreement.. 15. Successors. This Agreement shall. be binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs, assigns arid transferees. 16. Amendment. If circumstances arise under which an amendment or modification of this Agreement would be appropriate, such amendment shall become effective only upon mutual consent of the parties. Any such amendment shall be in writing and recorded in the Office of the Sonoma County Recorder. 17. Notices. Any notice, demand, request, approval, or other communication that either party desires or is required to be given under this Agreement shall be in writing and may be given by personal delivery or by mail. Notices,-demands, requests, approvals, or other communications sent by mail should be addressed as follows: SMART: Sonoma-Mann Area Rail Transit Attn: Property Manager 750 Lindaro Street #200 San Rafael, CA 94901 CITY: City of Petaluma 1 ]English Street Petaluma, CA •94:952 Attn: City Manager PCDC Petaluma Community Development Commission I I .English Street Petaluma, CA 94952 Attn: :Executive Director and when so addressed, shall be deemed given upon deposit in the United States -Mail, registered or certified, return receipt requested, postage- prepaid. In all other instances, notices, demands, requests, approvals, or other communications shall be deemed given at the time of actual delivery. Changes may be made. in the names and addresses of the persons to whom notices, demands, requests, approvals, or other communications are to be given by giving notice pursuant to this section. 10 ti;';Cit' Di~i>ian`.Pnir¢t~'.l~ailro~tid A[-Grade ou Caulfield'CUi'_OUiO~ltformerl~' CUU2U914411L)et _n'3ii) YCllC-City CounciLS~-1AKT ea.emetx`•Stafi Keport .ic <;~C ordinance re purch;a~e of_S~~i,altT enseme~nU.doc-DUC 18. Applicable Law and Forum. Interpretation and performance of this Agreement shall be governed by California law and any action to enforce the provisions: of this Agreement or the breach thereof shall be brought and tried in the County of Sonoma. l9. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 20. Inte ration. This Agreement is the final. and complete expression of the agreement between the parties and any and all prior or contemporaneous agreements written or oral are merged into this instrument. 21. Captions. The captions in this.Agreement have been included solely for convenience of reference. They are not apart- of this Agreement and shall have no effect upon its- construction or interpretation. 22. Survival of Agreement. This Agreement, including all representations, warranties, covenants, agreements, releases and-other obligations contained herein, shall survive the closing of this transaction anal recordation. of any deed or other document related hereto. 23. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforcealile, the remaining provisions shall continue in full force wi hout being impaired or invalidated in any way. 24. Authority And Execution: Each person executing this Agreement on behalf of a party represents and warrants that such person is.duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation, or trustee has full right. and authority to enter into this Agreement and perform all of its obligations hereunder and that all: actions required underapplicable governing law for the authorization, execution, delivery and performance of this Agreement have been duly taken. 25. Attorneys Fees: In .the event any party pursues any right to enforce. the provisions of this Agreement,.the prevailing party shall have the right to collect all costs and expenses, including attorneys' fees; incurred by the prevailing party in enforcing the obligations of the other party under this Agreement, as fixed by the court. 26. P.U.C. Decision 06-02-036. City and PCDC acknowledge that the City is bound by and subject to California Public Utility Commission (PUC) Decision 06-02-036 dated February 16, 2006, and any subsequent modification of said Decision. [Signatures on following pages) 11 ~.~( bP i1i~~i?ion'~.1'n~Eect~'FZailnra~ Ac (;r;3de ~~n C,+cilliefd (_~OI~pOIUa(fumicrl~~ C'~G3tlO10.},i L)ei~n:~3f) }'C LX:-City C otuuil'=__)p~1AR7~ eascmei~C~.Stafi Keport re C (. ordin~ncr re purche3~e of S;\'i>3K1~ e,~sentent~.do~ l)UC ` IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. By SMART this day .of , 2009. By CITY this day of , 2009. By PCDC this day of , 2009. [ATTACH N®TARIAI., ACKNOWLEDGMENTS AS T® SIGNAT®RY I'AR1'IES] SON®MA-MARIN AREA RAIL, TRANSIT DISTRICT: Attest: By: By: _ Chairman, Board of Directors Reviewed as to Substance: By: General Manager Approved as to Form: By: Deputy County Counsel Date: Date: Clerk, Board of Directors CITX: By: John C. Brown, City Manager Attest: By: Claire Cooper, City Clerk (signature blocks continued on next page) Approved as to Form: 12 ~.`,CiP1)rci>ion!;NroiectsiRaihctadAt-GradzrnCauliieliiC(11~(tiJl{t-itl~?smrri~ (. U(i~_(jO1(i41;De_t n.~~i)PCL)C-City Council''Sl/'I~llll eartnenYStafYReF~urt it C C on{inantr re ptnrh;tse of tit\1,aR'f e;tsrntent>.Bo~.D(X' By: City Attorney Apps®vecl: By: 1270659. ] By: Risk Manager By: Finance Director Date: Date: Date: Date: PE'I'AI.1LTl~A CONIIVI~~JNI'I'Y DEVELOPI0'1<EN'i' CONIIVIISSION: By: Date: .John C. Brown Executive Director Attest: By: Date.: Claire Cooper Recording Secretary Approved as to form: By: Date: Eric W. Danly . General Counsel 13 ~.'',C1P lln~i~ion'.Y-r~tects'.l~ailroad A~-Ciradc Un l`aull~eld CU7~OOIUdtfumiirl~' C u~~20Qd~04) Dc;i~?n__ +~l PC~)C-Cir~• Cuuuc~l'~S'~1AK~1 ea~emei~t`.Ctaft~Report re C C ortii~;ancr re purchase o1 ti~1aR f ensenunr;.du~-L)(7C EXHIBIT "A" ACCESS."EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF°SONOMA-MARIN AREA RAIL TRANSIT AS DESCRIBED BY QUITCLAIM DEED.RECORDED UNDER DOCUMENT NUMBER 2004028629, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGAT THE SOUTHWEST CORNER°OF CAULFIELD LANE EXTENSION RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRAN ~ DEED RECORDED,UNOER DOCUMENT NUMBER 2005-174172, SONOMA COUNTY RECORDS, SAID POINT ALSO BEING' ON THE SOUTHERLY LINE OF THE LANDS OF MACPHAIL PROPERTIES, INC. AS DESCRIBED BY GRANT DEED RECORDED UNDER DOCUMENT NUMBER 2005-044670, A5 SHOWN ON THAT CERTAIN;'RECORD~OF SURVEY FILED IN BOOK 600 OF MAPS,. AT PAGE 32, SONOMA COUNTY RECORDS, SAID POINTALSO`BEING'ON THE NORTHERLY LINE OF THE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, THENCE ALONG.SAID LINE 5:68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON.SAID LINE SOUTH 7,7°2120" EAST, 63:53 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY;. WHOSE"CENTER BEARS=SOUTH 82°08'48' EAST, HAVWG A RADIUS OF 80.00 FEET', THENCE 50UTHERLY ALONG'SAID CURVE A DISTANCE'OF 6:69 FEET THROUGH A CENTRAL ANGLE OF D4°4T28"; THENCE SOUTHERLY AND PERPENDICULAR TO THE NORTHERLY LINE OF SAID LANDS OF SONOMA-MARIN AREA RAIL TRANSIT,. SOUTH 12°38'40" WEST, 33:32 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A;RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE 23.i8'FEET, THROUGH A CENTRAL ANGLE OF 53°0745" TO A,POINT ON THE SOUTHERLY LINErOF SAID LANDS OF 50NOMA-MARIN AREA RAIL TRANSIT; ALSO BEING THE NORTHERLY LINE OF THE LANDS OF PETALUMA RIVERFRONT, LLC, AS RECORDED UNDER DOCUMENT NUMBER 2001-118282; THENCE ALONG SAID COMMON LINE NORTH 77°21'20"WEST, 84.49 FEET TO THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE NORTHWESTERLY, WHOSE R;0.DIUS BEARS NORTH 24°i,3'35"WEST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE?23.18"FEET THROUGH A CENTRAL ANGLE OF 53°0744" THENCE NORTH 12°38'40" EAST, AND PERPENDICULAR TO SAID NORTHERLY LINE OF LANDS OF SONOMA-MARIN AREA RA{L TRANSIT, 29.55 FEET TO THEBEGINNING OF CURVE CONCAVE EASTERLY HAVING A RADIUS OF 80.00 FEET; THENCE ALONG SAID CURVE 10.48 FEET THROUGH A CENTRAL ANGLE OF 07°30'12" MORE OR LESS TO THE POlNTOFBEGtNNlNG. CONTAINING 3;987 SQUARE FEET,'MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED RECORD OF SURVEY. GJ HARMINA, IIf, P.LS. 795D EXPIRATION DATE 72/31/09 DATE. EASEMENT AGREEMENT - EXHIBIT lA ~ L1 ' EXHIBIT "B" ~ . _ . ~ /4c~c~sS ~e~S~t~;~w-r SEE EXHIBIT "A" FOR. LEGAL QESCRIPTION FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY MacPHAiL PROPERTIES, INC. DN 2005-D44670 POC Ins E1. x-fir t ~`! 1 11•' ~'t~ i{ I I*j ! lnlj~{i. ~1~~.{r' ~ '~ ~1:~ ~1 tl y,). iF,l ~ ~ x :;flt ~t.ilC li „~ `~,.+ Dina ,F:icr. Cam/~`/e/d L arts DN 2005-1741.72 5 7j. ~?!'zp~ 0 N ~ _II •- o Z Q MacPFIAIL PROPERTIES, INC ON 2005-044670 • 2 ` ~ ~Y. \ `a~ ~ ~ S•. ~ \ ~Y ~'P J _' ~~ IN 3. 0 AZ ~'T ' ~N Q. N 77:Zr'2p^ W ~ 84.gg• J Fes' rn Itf ¢ ~ O p ` PETALUMA RIVERFRONT, LLC DtJ 2001-1{8292 U RI .~. MAP REFERENCE 600 MAPS 32, SCR POC POINT OF COMMENCEMENT POB POINT OF BEGINNING (R) RADIAL BEARING COURSE QATA 1 R=80:00' ~=04'47'28" L=6.69' 2 R=80.00' Q=07'30'12" L=tD.48' STEVEN J. LAFRA(~tCHI & ASSOCIATES; INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS PETALUMA,MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 94954 ' 707-762-3122 FAX T0T-762-3239 Zi\JDf3S1PET_CI{y of-Cauifleld at Gratle X'nglDwglLegal DescrlpUon10712011DEX-RR-ACCESS.dwg EASEMENT AGREEMENT-EXHIBIT 1B ~ 5 EXHIBIT- "A". SIDEWALK EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF'THE LANDS~OF SONOMA-MARIN AREA,RAIL TRANSIT AS DESCRIBED BY OUITCLAfM DEED RECORDED UNDER, DOCUMENT NUMBER 2044-028629, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE SOUTHWEST CORNER OF CAULFIELD'LANE EXTENSION RIGHT OF WAY, AS DESCRIBED IN THAT EASENIEt>IT GRANT DEED,R,EGORDED UNpER,DOCUMENT NUMBER 2005-174172, SONOMA COUNTY RECORDS, SAID POINT ALSO,BEING ON THE`SOUTHERLY`LINEOFIHE LANDS OF MACPHAIL PROPERTIES, INC: AS DESCRIBED BY GRANT DEED REGARDED UNDER DOCUMENT'NUMBER 2005-044670, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY~FILED IN BOOK,~600 OF MAPS~AT PAGE 32; SONOMA COUNTY RECORDS, SAID POINT ALSO BEING ON:THE NORTHERLY LItVE;OF'THE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, THENCE ALONG SAID LINE; •NORTH 77°21'20" WEST 5.D0•FEET;,THENCE LEAVING SAID NORTHERLY LINE AND AT A RIGHT ANGLE,'SOUTH 12°38'40" WEST, 6:54 FEET; THENCE,EASTERLYAND PARALLEL WITH SAID NORTHERLY LINE, SOUTH 77°21'20"':EAST, 5.00 FEET; THENCE SOU.THERLY.AND PERPENDICULAR TO SAID NORTHERLY UNE SOUTH 12°38'40" WEST, 33.50 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE AEONGSAID CURVE 31.32 FEET THROUGH A CENTRAL ANGLE OF 89°43'58" NIORE?.OR LESS TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, SAID LINEALSO BEING THENORTNERLY LINE OF THE`LANDS OF CITY OF PETALUMA AS DESCRIBED INIBOOK 444 OF OFFICIAL RECORDS AT'PAGE 9,.SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG'SAID,GOMMON°LINESOUTH`77°21'20"~EAST,;14:91 FEETTOABEGINNINGOFA NON-TANGENT CURVE CONCAVE~NORTHWESTERLY., WHOSE~CENTER BEARS NORTH 24°13'35" WEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE 23:1 B FEET THROUGH A CENTRAL ANGLE OF 53°0T45' ; THENCE NORTHERLY AND PERPENDICULAR TO THE NORTHERLY LINE OF SAID LANDS OF SONOMA-MARIN AREA RAIL TRANSIT NORTH 12°38'4a"'EAST, 29.55 FEET TO THE".BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF BD:00•FEEf; THENCE P,LONG SAID GURVEI'048 FEET THROUGH A CENTRAL ANGLEOF 07°3x'12" MORE OR LESS TO A POINT' ON:SAID NORTHERLY LINE;.ALSO BEING THE SOUTHERLY LINE OFSAID CAULFIELD LANE`EXTENSION°RIGHT OF 1NAY; THENCE WESTERLY ALONG SAID COMMON LINE 5.68 FEET TO THE POINT OFBEGINN/NG. CONTAINING 360 SQUARE FEET, MORE OR LESS. PARCEL e COMMENCING AT THE SOUTHEAST CORNER OF CAULFIELD LANE"EXTENSION RIGHT OF WAY, AS DESCRIBED __ IN THAT EASEMENT GRANT DEED,RECORDED UNDER DOCUMENT NUMBER 2005-1,74172, SONOMA COUNTY RECORDS, SAID'POINT ALSO BEING ON`THESOUTHERCY LINE OF THE LANDS OF MAGPHAIL PROPERTIES, INC..AS DESCRIBED BY GRANT'DEED RE-CORDED UNDER DOCUMENT NUMBER 2005-044670; AS SHOWN ON THAT CEEaTAlN RECORD OF SURVEY FILED .IN;BOOK 600 OF MAPS;,AT PAGE 32, SONOMA COUNTY REGARDS; SAID .POINT ALSO BEING ON'THE NORTHERLY LINE OF THE'LANDS.OF SONOMA-MARIN. AREA RAIL,TRANSIT; THENCE ALONG SAID UNE:SOUTH:TI°21 20'"EAST=2:49 FEET; THENCE LEAVING SAID NORTHERLY UNE AND AT A: RIGHT ANGLE SOUTH:12°38'40'' WEST, 40.00 FED TO`THE BEGINNING OF,A~CURVE CONCAVE EASTERLY, HAVING A.RADIUS OF 20:OO:FEET;:THENCE„„ALONG` SAID CURVE 10;82sFEET; THROUGH A CENTRAL ANGLE"OF 30°59'58"; THENCE EASTERLY AND'PARAIIEL WITH THE SQUTHERLY LINE OF SAID LANDS SOUTH 77°21'20" EAST; 7.36 FEET; THENCE SOUTH 47°20'23" EAST 18.39 FEET MORE OR LESS'TO A' POINT ON THE SOUTHERLY LINE~OF"SAID LANDS',: SAID LINE ALSO BEING THE NORTHERLY LINE OF LANDS OF PETALUMA RIVERFRONT; LLC RECORDED BY GRANT DEED•UNDER DOCUMENT NUMBER 2001-1 1 8292, 50NOMA..000NTY'RECORDS; Ti-iENGE ALONG THE COMMON LINE NORTH 77°21'20" WEST 22.00 FEET TO THE BEGINNING`OF A CURVE CONCAVE EASTERLY, WHOSE CENTER.BEARS NORTH 49°30'56" EAST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE 23:16 FEET THROUGH A CENTRAL ANGLE OF 53°DT44"; THENCE NORTHERLY AND'PERPENDICULAR TO SAID NORTNERLYtINE OF THE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT NORTH 12°38'40" EAST, 33.32 FEETTO,A BEGINNING OF A CURVE CONCAVE WESTERLY HA\/ING A RADIUS OF 80.00 FEET; THENCE ALONG SAID'CURVE`6:69 FEET THROUGH A CENTRAL ANGLE OF 04°4728" MORE OR LESS TO A POINT ON RAID' NORTHERLY LINE;-ALSO. BEING THE SOUTHERLY UNE OF EASEMENT AGREEMENT -EXHIBIT 2A (Page 1 of 2) I CAULFiELD LANE EXTENSION,RIGHT OF WAX;.THENCEEASTERLY ALONG SAID LINE; 50UTH 77°21'20" EAST, 2.7B FEET T0'THE P..QlNT OFBEGINNING. • CONTAINING;430 SQUARE FEET, MORE OR'LESS. BASlS OF BEARING OF THESE DESCRIPTIONS IS THE ABOVE MENTIONED RECORD OF SURVEY, GJ I-IARMINA, Iif, P.L.S. 7950 EXPIRATION DATE 12/31!09 DA .STEVEN J. L~-FRANCHt & ASSOCIATES, BNC. CfVIL ENCiNEERS ~ LAND SURVEYORS -..LAND PLANNERS P.ETALUMA,MARINA BUSINESS.CENTER. 775 BAYWOOD DRIVE; SUITE 312, P,ETALUMA, CA 94954 TEL 707-762-3122 FAX Z0T=762-3239' o~ t 2a t t_o t-rta-swE.ao~ ~ EASElVIEN7[' AG12EE1VIENT - EXX~IIIBIT 2A (Page 2of 2) l `~ EXHIBIT "B" ~'I~~~~~~ ~~~~~~~~ SEE EXHIBIT "A" FOR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION ANQ INFORMATIVE PURPOSES ONLY ~ th! I' ~ I~ ~ ~T ~:.~ ~~i.v- I~id~ ~.1:1~ jl ~i`„v~' ~,~'S.,.O A~rT G~ir. MacPHAIL PROPERTIES, INC. DN 2005-044670 C a u /1F/ e/ d L a /7 e ~" DN 2005-174172 POB, PARCEL A 0 5 ~ ~8. b 5, pp' 1 90' N 7j21,?O..,W POB, PARCEL B z ~8. o h v> v~ ' 3 w 0 0 ~ ~ ri ,Nyi ~ ~ /~o N A "' S.M.A.R.T. w/ ' Y y z DN 2004-028629 0'/3 vj ,,.~ a 0 00~~ N N R ~ 9 a'~.yti po o-~ z B ~ ~ h' ~ ~ 14.91' D~~;' ~ ~~~ Z ~ \\nV. N 77ztr2p" W 'cNto~4~ . O- \\~Si ~ As ~A `\~L Q. O ~'~ `~~ ~/ i 0 ~ PETALl1Mi4;RIVERFRONT, LLC ~~,'~ DN 2001-118292 ¢~'yo ' ~ ' U ~ R1 ~ MAP REFERENCE 6Q0 MAPS 32, SCR POB POINT OF ~BEGINNING- PSE PUBLIC S40EWALK EASEMENT (R} RADIAL BEARING COURSE DATA R=80.00' ~=07'30'12" L=10.48' 2 R=20.00' ~=30'59'58" L=10.82' ,3 R=80.00' 4=04'47'28" L=6.69' Z MacPHA1L PROPERTIES, INC, DN 2005-Oaa670 "2.4g' ~7 2t '20" E 7 ,~ 4~ zZ• D~ KEY NOTES ® PSE. SEE LEGAL DESCRIPTION, PARCEL A © PSE, SEE LEGAL QESCRIPTION, PARCEL B STEVEN J. LAFRANCHI & ASSOCIATES,, INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS PETALUMA MARINA BUSINESS CENTER. 775BAYWOpD DRIVE, SU[TE 312 PETALUMA, CALIFORNIA 94954 707-762-3122 FAX 707-762-3289 ZiJ085\PET_Clly of-Caulfield at Grade X'nglDwglLegalDascrlplion`Q712Q1LDEX-RR-SWE.dwg EASEMENT AGREEMENT -EXHIBIT 2B ~~ EXHIBIT "A" PUBLIC`UTILITY EASEMENT 51TUATE fN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALI>=ORNIA. BEING A PORTION OF THE LANDS OF $ONOMA-MARIN AREA,RAIL TRANSIT AS DESCRIBED BY QUITCLAIM DEED RECORDED UNDER, DOCUMENT NUMBER!2004-028629, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL A BEING A 5.00 FOOT WIDE STRIP OF LAND LYING WESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE 50UTHWEST CORNER OF CAULFIELD LANE ExTENS10N RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRANT DEED RECORDED: UNDER DOCUMENT NUMBER 2005-174172, 50NOMA COUNTY RECORDS, SAID POINT ALSO BEING ON THEBQUTHERLY LINE OF THE !ANDS OF MAC.PHAIL PROPERTIES, INC. AS SHOWN ON THAT CERTAIN RE COUNTY REGOADS, SAID POINT ALSO'CORD OF SURVEY FILED iN'BOOK 600 OF MAPS, AT PAGE 32, SONOMA BEING ON THE NORTHERLY LINE QFTHE.LAND$ OF SONOMA-MARIN AREA RAIL TRANSIT; TI-tENCE LEAVING SAIp'NORTHERLY LINE AND AT A RIGHT ANGLE SOUTH 12°38'~IO"WEST, 6D.00 FEET TO.,A POINT ON THE SOUTHERLY LINE OF SAID LANDS. CONTAINING 300 SQUARE FEET, MORE OR LESS PARCEL B BEING A 5.00 -FOOT WIDE STRIP OF LAND LYING EASTERLY OF AND,ADJOINING THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE,SOUTHEAST CORNER OF GAULFIELD LANE EXFENSIQN RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRANTDEED RECORDED UNDER DOCUMENT NUMBER. 2005-174172, SONOMA COUNTY RECORDS; SAID'POINT ALSO BEING OIV THE SOUTHERLY LINE OF TFiE LANDS OF MAC PHAIL PROPERTIES, INC. AS SHOWN ON THAT CERTAIN RECODb OF SURVEY FILED IN BOOK%600 OF MAPS, AT PAGE 32, SONOMA COUNTY RECORDS, SAID'POWT ALSO;BEING ON THE NORTHERLY'LINE OF THE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, THENCELEAVING SAID NORTHERLY LINE AND AT A RIGHT ANGLE SOUTH 12°36'40"WEST, 60;00 FEETTO A POINT ON THE SOUTHERLY LINE OF SAID LANDS. CONTAINING 300 SQUARE FEET, MORE OR LESS $ASIS OF BEARING DF THESE DESCRIPTIONS 15 THE ABOVE MENTIONED RECORD OF SURVEY. GJ'HARMINA, ill, P.L.S. 7950 EXPIRATION DATE 12/31/09 DATE STEVEN J. LAFRANCHI & ASSOCI4TES, IIVC. CIVIC ENGINEERS ~ LAND SURVEYORS. ~ LAND PLANNERS PETALUNIA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 3i 2, PETALUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 - OZ12071D 1-AR-PUE.O oc EASEMEN'T' AGREEMENT - EXHIBIT 3A EXHIBIT- "B" PU~LLC UTILITY E~-SEII~ENT SEE EXHIBIT "A" FpR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION ANp INFORMATIVE PURPOSES ONLY MacPHAIL PROPERTIES, IN DN 2D05-D44670 ~{~o° 1/ 'o ~~ 3 ~o /~~( ~ N ~' ~~~ Y ! ~~rn Wo Q ~~ Oa U ~. R1 MAP REFERENCE 600 MAPS 32, SCR POB POINT OF BEGINNING PUE PUBLIC UTILITY EASEMENT - I/ 0 0 ta~ 3~ o a ,~~i MacPHAIL PROPERTIES, INC DN 2005-044670 KEY NOTES Q 5' WIDE PUE, SEE' LEGAL DESCRIPTION, PARCEL A 5' WIDE PUE, SEE LEGAL DESCRIPTION, PARCEL B STEVEN J. LAFRANCHI & ASS(}CIATES, INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS PETALUMA MARINA BUSINESS CENTER . T75 BAYWOOD DRIVE, SUITE 312 PETALUMA4, CALIFORNIA 94954 707-762-3122 FAX 707-762-3239 Z:\JOBS4PET_Clty of-CaulTiold at Grade X'nglDwglLegal Desc~Iptlon1071201LDEX-RR-PUE.dwg POB PARCEL A N ,., iRF ...r as :- ~~:r n'I O N _ -ll Cam/field Lane ~ DN 2005-i74T72 ~ w Z a U In S.M.A.R.T. DN 2004-028629 ~~~2. PETALUMA RIVERFRONT, LLC aN 2DOT-na2s2 EASEMENT AGREEMENT -EXHIBIT 3B 20 EXHIBIT "A" STORM DRAM EA5EMEt~T SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA- BEING A PORTION OF 1'HE LANDS OF SONOIvIA-MARlN AREA RAILTRAN$[T AS DESCRIBED BY QUiTGLAIM DEED RECORDED UNDER DOCUMENT NUMBER 200A-028629, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEGlNN1NG AT A POINT ON THE SOUTHERLY LINE OF SAID LANDS SAID POINT BEING DISTANT , SOUTH 77°01'27" EAST, 1.08.00 FEET FROM A'FOUNDONE-HALF [NCH+IRONPIPE, NO TAG, MARKING THE MOST NORTHWESTERLY CORNER OF THE LANDS'OF PETALUMA RIVERFRONT, LLC AS RECORDED UNDER DOCUMENT NUMBER 2001-118292, AND A5 SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 434 OF MAPS, AT PAGE 7 7, SONOIVIA COUNTY RECORDS, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF THE LANDS OF THE CITY OF PETALUMA, AS DESCRIBED INBOOK 444 OF OFFICIAL RECORDS AT PAGE 9 SONOMA£QUNTY RECORDS; THENGEEASTERLYALONG SAID SOUTHERLY LINE SOUTH 77°D,1'27" EAST, 10,00 FEET; THENCE LEAVING SA{D SOUTHERLY LINE AND AT A RIGHT ANGLE NORTH 12°58'33" EAST, 10:00 FEET; THENCE WESTERLY AND"PARALLEL WITH SAID SOUTHERLY LINE NORTH 77°01'27" WEST, 1.0.00 FEET; THENCE 50UTH i2°58'33" WEST, 10;00 FEET TO THE POINT OF BEGINNING. CONTAINING i00 SQUARE FEET, MORE OR LESS.. BASIS OF BEARING OF THIS DESCRIPTION !S THE ABOVE MENTIONED RECORD OF SURVEY. GJ HARMINA, JII, P:L.S. 7950 EXPIRATION OATE 12/31/09 DATE EASEIVIEN'I' AGREEMENT ~ EXHIBIT 4A Z EXH1BlT''B" SEE EXHIBIT '~A" FOR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION AND' INFORMATIVE PURPOSES ONLY Cau/fie/d Lane DN 20D5-174172 N 77'Of~`' SM~.A,R.T. DN '2004'-028629 I F COURSE. DATA ® FOUND 1/2" IRON I 5 77'01'27" E 10.00' . PIPE, NO TAG 2 N 12'58'33" E 10.00' ,j N 77'01'27`' W 10:00' R1 MAP REFERENCE 4 S 12'58'33" W 1'0.00' 434 MAPS 17, SCR - POB POINT OF BEGINNING STEVEN. J. LAFRANCHI & ASSOCIATES, lNC. CNIL ENGINEERS -.LAND SURVEYORS -LAND PLANNERS PETALUMA MARINA BU$iNES$ CENTER 775 BAYWOOD DRIVE,pSUITE 312 PETALUINA, CALIFORN{A 94954 707-762-3122 FAX 707=762-3239 Z:IJOBSIP~ CRy of-Caulfield al Grade X'nglDwglLegaf Dascrlption10T1201LDF~C-RRSDE.dwg T I:II H ~ , pw Z q U EASEIVTENT AGREEMEN'T' - EX~IIBI'I' 4B 2 Z RAILROAD SIGNAL ,EQUIPMENT EASEMENT SITUATE IN THE CITY OF PETALUMA, COUMY OF SONOMA, STATE OF CALIFORNIA. BEWG A PORTION OF THE LANDS OF MAC PFiA1L PROPERTIES, INC., A GALIFORN{A CORPORATION AS DESCRIBED BY DEED RECORDED UNDER:D000MENT NUMBER 2005-044670; ALSO BEING A PORTION OF 7HE LANDS AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, FILED OCTOBER 26, 1999 IN BOOK 600 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF CAULFIELD LANE EKTENSION RIGHT OF WAY, AS DESCRIBED tN THAT EASEMENT GRANT DEED RECORDED UNDER. DOCUMENT NUMBER 2005-1747.72, SONOMA COUNTY RECORDS,. SAID POINT ALSO BEING `OIV THE SOUTHERLY LINE OF THE LANDS OF MAC PHAIL PROPERTIES, INC. AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT ALSO BEII~IG ON THE NORTHERLY LINE OF THE LANDS OF SONOMA-MARIN AREA RAIL.1"RA'NSIT; AS RECORDED`UNDER.D000MENT NUMBER 2004-428629, SONOMA COUNTY RECORDS, THENCE!NORvTHERLYALOHG 7T-tE EASTERLY'GURVE OF SAID LANE WHOSE CENTER BEARS NORTH 77°21'20" WEST,. HAVING A RADIUS OF 261:00 FEET,. A DISTANCE OF 28.23 FEET, THROUGH A CENTRAL ANGLE OF 6°11'47", THENCE~LEAViNG SAID-CURVE ALONG THE PROLONGATION OF THE RADIAL LINE'SOUTH 83°33'07" EAST, 5 OO;~FEET TO THE POINT OF BEGINNING; THENCE EASTERLY AND PARALLEL TO SA1Q NORTHERLY LINE OF THELANDS OF SONOMA-MARIN AREA.RAIL TRANSIT, SOUTH 77°21'20" EAST, 11.54 FEET; THENEE:f1T A RIGHT ANGLE NORTH 12°38'40" EAST, 2D.OD FEET; THENCE AT A RIGHT ANGLENORTH 77°21'20"=WEST, 1.4'.48 FEET TO A POINT LYING 5.00 FEET EASTERLY OF AND ALONG THE PROLONGATION OF THE RADIAL L_'WE~NORTH 87°54'26° EAST FRAM THE EASTERLY RIGHT OF WAY OF SAID LANE; THENCE SOUTHERLY ALONG A CONCENTRIC CURVE CONCAVE TOTHE WEST, HAViNGA RADIUS OF 266.00 FEET, A DISTANCE OF 20`.22 FEET, THROUGH.A CENTRAL ANGLE OF 4°21'20" TO THE POINT OF BEGINNING. CONTAINING 258 SQUARE FEET, MORE OR~LESS. TOGETHER WITH A NON-EXCLUSNE TEMPORARY CONSTRUCTION EASEMENT LYING 6 FEET OUTSIDE OF THE HEREIN DESCRIBED EASEMENT. -SAID TEMPORARY CONSTRUCTION' EASEMENT SHALL TERMINATE UPON THE OPENING OF THE CAULFIELD LANE RAILROAD CROSSING•FOR PUBLIC USE_ BASIS OF BEARING OF'THIS DESCRIPTION IS THE ABOVE MENTIONED RECORD OF SURVEY. ,1 HA~~t Ill, P.L.S. 7950 EXPIR~tTION DATE 12/31/09 J~~-~ ~ q DATE EASEMENT AGREEMENT -EXHIBIT SA (Page 1 of 2) 2~ FOR GRAPHIC ILLUSTRATION AND tNFORMAl1VE PURPOSES ONLY ~~u/tee/d Lane DN 2D05--174172 N 17 1 20" K R1 MAP' REFERENGE_ 60D MAPS 32; SGR POB POINT OF .BEGINNING POG POINT OF COAdMENCEMENT {R) RADIAL BEARING ~_. - _ _ -, ~_ o '-~ o '- ~--~ s.DO• 1 14 ¢a'f s_ao. ~ _N _° I N~p ~~ ~ , `~~ f N .fl V~'- ! N~~ / ~ J ~ M/`OV' ~:. 2 ~ ~` O s oo• . o~;~ ~ ~R) S,~ 2120 EJ ~ ~ ~ POt3 11.54'` ~p 1L I u .~ o° co- ~~~ ' ~ ~.'`J IUtacPHA1L RRQPERTlES, l~iC_ DN 2005-D44670 ---- -- -=ice-;. _-_ -_-_ i SIVi.A.R:T. DN 2D04-028629 EASEMENT AGREEMEN'T' -EXHIBIT SA (Page 2 of 2) S~EilEN J. L:AFR,~NiCH(~ ~-S30Cl~4TES, 9NC. CIViL ENGINEERS -'LAND SURVEYORS -.LAND PLANAlERS PETALUMA'MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CAL1FaRNIA 94954 7D7-762-3122 FAX 707=762233 J:\PET_CS[y ot-Caulfielii at Grade X'nglDwglLegal Descriptlon\07]2~tL~IX-MSIGNAL-V3:dvrg 2~ PUBLIC UTILITY'EASEMENT SITUATE IN THE"CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF MAG PHAIL PROPERTIES, ING_, A CALIFORNIA CORPORATION AS DESCRIBEDBY•DEED RECORDED UNDER D.OGUMENT NUMBER2005-044670, ALSO BEING A PORTION OF THE LANDS AS SHOWN ON THAT`CERTAIN.REGORD OF.SURVEY, FILED OCTOBER 26, 1999 IN BOOK 600 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS; AND MORE PARTICULARLY ALL THAT LAND ADJOIN WG AND LYING FIVE FEET EASTERLY OF THE FOLLOWING DESCRIBED CURVE: BEGINNING AT THE SOUTHEAST CORNER OF CAULFIELD LANE EXfENSiON RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRANT DEED RECORDED'UNDER DOCUMENT'NUMBER 2005-174172, SONOMA COUNTY RECORDS, SAID POINT ALSO BEING ON'THE:SOUTHERLY LINE OF THE LANDS OF MAG PHAIL PROPERTIES, INC. AS SHOWN ON SAID RECORD OF,SURVEY, SAID POINT' ALSO BEING qN THENORTHERLY LINE OF-THE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, AS RECORDED UNDER DOCUMENT NUMBER 2004-028629, SONOMA COUNTY RECORDS, THENCE ALONG THE EASTERLY CURVE OF SAID LANE WHOSE CENTER BEARS NORTH 77°21'20"' WEST, HAVING A RADIUS OF 261.00. FEET; A DISTANCE OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 9°52'43". CONTAINING 272' SQUARE FEET, MORE OR.LESS. BASiS OF BEARING OF THESE DESCRIPTIONS IS THE ABOVE MENTIONED RECORD OF SURVEY. ~~ L J HA A, III;, P.L:S. 2950 ~XPI ION DA~i-E 12/31/09 ~V1~~ ~J~- ~ / DATE EASEMENT AGg2EEMENT - EX~IIBIT SB (Page l of 2) .2 - *~/ ;. •.. , FOR GRAPHIC iLLUS-(RATION ANR INFORMATIVE PURPOSES ONLY ~'~ ~N ~~5~~ PR M I Nq sG~G '~i a i F ~ D. 7950 R1 MAP REFERENCE 600 MAPS 32, SCR ~c p[p: 12-31-09 ~ POB POINT OF BEGINNING ~lqp PLS 0~~~~ F OF C p~~~` (R) RADIAL BEARING EASEMENT AGREEIViENT -EXHIBIT SB (Page 2 of 2) STEVEN J. LAFRANCti! ~. ~-SSOCIATES, IIdC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS _ PETALUMA MARINA BUSMESS. CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 9.4954 70T-T62-3122 FAX 7D7,762-3239 J_IPET_Gity of-Caulfield at Grade X'ng\DwglLegal Description\0712011DIX-M-PUE2.dwg _"V~02gs~s