HomeMy WebLinkAboutResolution 2005-121 N.C.S. 07/11/2005 Resolution No. 2005-121 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE PETALUMA CITY COUNCIL
AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT AGREEMENT
WHEREAS, William Robert Bramblett and Alicia Dolling Keshishian, as Trustees of
the Bramblett-Keshishian Family Living Trust dated September 13, 2000, filed a complaint for
quiet title in Superior Court of the State of Califonlia, County of Sonoma, case. number 174982;
and,
WHEREAS, plaintiffs in that action allege that they are owners of property located at
?17 Oak Terrace, Petaluma, California; and,
WHEREAS, plaintiffs allege that they own a strip of land which is unimproved and
shown on the map of the Clough and. Young Subdivision of the Carpenter Tract Subdivision Map
dated May 1, 1913 and which is depicted as Oak Terrace Way; and,
WHEREAS, plaintiffs claim all right, title and interest to said unimproved strip of land;
and,
WHEREAS, the City of Petaluma disputes owners' position; and,
WHEREAS, the parties wish to resolve and settle this dispute; and,
WHEREAS, plaintiffs have executed a Release of Claims and Settlement Agreement, a
copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby
authorizes the City Manager to execute a "Release of Claims and Settlement Agreement," a copy
of which is attached hereto as Exhibit A.
Resolution No. 2005-121 N.C.S. Page 1
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to
execute any all documents, including a Quit Claim Deed and Deed Restriction and Agreement
referenced in the Release of Claims and Settlement Agreement, upon satisfaction of certain
conditions and events set forth therein.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 1 1 `h day of July, 2005, form:
by the following vote:
City Attorney
AYES: Mayor Glass, Vice Mayor Harris, Healy, Torliatt
NOES: None
ABSENT: Canevaro, Nau ,O'Brien
ABSTAIN: None
ATTEST:
City Clerk Mayor
Resolution No. 2005-121 N.C.S. Paget
EXHIBIT A
RELEASE ®F CLAi11~S
A1~1® SETTLElVIE1i1T AGREEIVIEIV'I'
This Release of Claims and Settlement Agreement (hereinafter referred to as
"Agreement") is entered into effective as of 2005 by and between The
Bramblett-Keshishian Family Living Trust, dated September ] 3, 2000 (TRUST), WILLIAM
ROBERT BRAMBLETT and ALICIA DOLLING KESHISHIAN, jointly and severally in both
their individual capacities and as Trustees of the TRUST, and THE CITY OF PETALUMA
(hereinafter referred to as "THE CITY"). WILLIAM BRAMBLETT, Alicia Dolling Keshishian
and the TRUST are hereafter referred to collectively as "BRAMBLETT". In each case,
BRAMBLETT shall mean WILLIAM ROBERT BRAMBLETT, ALICIA DOLLING
KESHISHIAN, and the TRUST and any of them individually.
RECITALS
1. WHEREAS the parties enter into and execute this Agreement in
connection with claims by BRAMBLETT against THE CITY for quiet title as set forth in the
Complaint filed on June 6, 2003 in the Superior Court of California, County of Sonoma, Case
No. 174982 relating to BRAMBLETT's allegations of title to property located adjacent to 717
Oak Ten-ace, Petaluma, California. (the "ADJOINING PROPERTY") as described below.
2. WHEREAS the respective claims of the parties to this Agreement involve
bona fide arguable and disputable questions of fact. and law, and the parties desire to hereby
compromise and settle all claims and causes of action of any kind whatsoever arising out of,
related to, or in any way connected with or resulting from any of the events, occurrences,
Resolution No. 2005-121 N,C.S. Page 3
accidents, incident or casualties referred to in Paragraph 1 of Recitals hereof.
AGREEMENT
NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. The property which is the subject of this dispute is depicted on the map attached
hereto as Exhibit A and legally described per Exhibit B (hereinafter referred to as "the Disputed
Land").
2. THE CITY agrees to initiate formal vacation proceedings for the Disputed Land
and to transfer to BRAMBLETT upon completion of the vacation procedures, any right, claim or
ownership interest THE CITY might have to the Disputed Land except for those areas within the
Disputed Land where public utilities and public utility easements, if any, are currently located
and except for access to such public utilities and easements. THE CITY will be responsible for
taking all steps reasonably necessary to proceed with the vacation procedure, including the
providing of proper notice, as may be required, and setting this matter on a City Council Agenda.
THE CITY shall initiate its forrnal vacation proceedings within 45 days of the execution of this.
Agreement and agrees to utilize its best efforts to move the vacation proceedings forward in a
timely manner.
3. BRAMBLETT and THE CITY agree that nothing in this agreement is intended to
or shall expand or diminish the development potential of any property adjacent to the Disputed
Land including without limitation, the adjoining property located at 717 Oak Terrace, Petaluma
and more particularly described as only that property within the metes and bounds set forth in
Exhibit C ("Adjoining Property") or any other property now owned or in the future acquired by
Resolution No. 2005-121 N.C.S. Page 4
"Bramblett" or the successors in interest of Bramblett which may be merged with the Disputed
Land.
Nothing contained herein shall preclude any future owner of the Disputed Land or
any adjoining property from making a petition to the Petaluma City Council to have the
restrictions imposed by this agreement removed.
THE CITY and BRAMBLETT hereby declare their express intent that the
restrictions set forth herein shall be deemed covenants running with the land and shall be binding
upon and inure to the benefit of the heirs, administrators, executors, successors in interest,
transferees, and assigns of the parties, regardless of any assignment, conveyance. or transfer of the
Disputed Land, the Adjoining Property, or any part thereof or interest therein, Any successor-in-
interest to Bramblett including without limitation any purchaser, transferee or lessee of the
Disputed Land and/or Adjoining Property shall be subject to the restrictions set forth herein.
Each and every contract, deed, ground lease or other instrument affecting or conveying the Disputed
Land and/or Adjoining Property shall conclusively be held to have been executed, delivered and
accepted subject to the restrictions set forth herein, regardless of whether such restrictions are set
forth in such contract, deed, ground lease or other instrument. Bramblett agrees for itself and for
its successors that in the event that a court of competent jurisdiction determines that the
restrictions set forth herein do not run with the land, such restrictions shall be enforced as
equitable servitudes against the Disputed Land and the Adjoining Property in favor of THE CITY
and the remaining portions of Oak Terrace Way.
Resolution No. 2005-121 N.C.S. Page 5
BRAMBLETT and. THE CITY agree to and shall execute and record in the
Official Records of Sonoma County, a "Deed Restriction and Agreement" in the form attached as
Exhibit D.
4. Concurrently, and during the time that THE CITY is proceeding with its formal
vacation of the Disputed Land, BRAMBLETT will proceed with securing a Judgment of Quiet
Title in the Superior Court lawsuit against all defendants in that lawsuit, excluding the City of
Petaluma.
5. Upon completion of those actions required, as set forth in Paragaphs 2 THE
CITY, upon receipt of $10,000 from BRAMBLETT, shall thereafter execute a Quit Claim Deed
in recordable form transferring title to the Disputed Land to BRAMBLETT. All costs associated
with the recording of the Deed or any escrow expense shall be paid for by Bramblett. The Quit
Claim Deed from THE CITY to BRAMBLETT shall be recorded in the Official Records of the
Sonoma County and contain the following language:
"Grantee shall have no greater development potential by the inclusion of
the land described herein with any other adjoining parcels that Grantee
may own. However, nothing contained herein shall in any way expand or
diminish the existing development rights Grantee may have in said
adjoining parcels. Nothing contained herein shall preclude any future
owner of the land described herein from making a petition to the Petaluma
City Council for a resolution having this deed restriction removed. These
restrictions are included and described in and are subject to an Agreement
between Grantee and the Grantor and are intended to be binding on the
successors in interest to Grantee as covenants running with the land and/or
equitable servitudes. The property granted herein is also subject to a "Deed
Restriction and Agreement"
If THE CITY is unsuccessful in obtaining formal vacation of the Disputed Land,
BRAMBLETT reserves the right to proceed with the pending litigation. If THE CITY' is
successful in obtaining the formal vacation of the Disputed Land, and after payment to City of
Resolution No. 2005-121 N.C.S. Page 6
$10,000 by Bramblett, upon delivery and recordation of the Quit Claim Deed, and recordation of
the "Deed Restriction and Agreement", BRAMBLETT will file a Dismissal of Superior Court
Case No. 174982 with each party shall pay their own attorney's fees and court costs incurred in
connection with the matters and allegations referred to in Paragraph 1 of Recitals.
6. Except with respect to the obligations created by or arising out of this Agreement,
BRAMBLETT and the City hereby relieve, release and forever discharge the other from any
action, cause, claim, obligation, cost, expense, liability, demand, promise and damage of any
nature whatsoever, arising out of, by reason of, related to, or in any way connected with or .
resulting from any of the events, occurrences, accidents, incidents or casualties referred to in
Paragraph 1 of Recitals hereof.
7. Each party hereto represents and warrants they have been represented by counsel
of their own choice throughout the negotiations which preceded the execution of this Agreement;
no other party, nor any agent or attorney of any other party, has made any promise, representation
or warranty whatsoever, express or implied, not contained herein concerning the subject matter
hereof, to induce any party to execute this Agreement; and neither BRAMBLETT nor THE CITY
has executed this instrument in reliance upon any promise, representation or warranty not
contained herein. This Agreement is the joint product of all parties hereto, and it is hereby
stipulated and agreed that the rule of construction, that the agreement is to be construed against
the drafting parties is inapplicable to this document.
8. This Agreement shall jointly and severally be binding upon and inure to the
benefit of the parties and their respective heirs, assigns and successors in interest. This
Agreement shall not be assignable by any party hereto.
Resolution No. 2005-121 N.C.S. Page 7
9. Nothing contained in this Agreement shall be deemed to be an admission by any
party hereto of any liability to any other party or to any other person or entity. The parties hereto
expressly deny any liability as to any claims alleged or which might be alleged in connection
with the respective contentions of any party involving any of the events, occurrences, accidents
or incidents refen ed to in Paragraph 1 of Recitals hereof.
10. The parties hereto warrant that each is fully authorized to enter into this
agreement. BRAMBLETT represents and warrants that they have not assigned or transferred or
purported to assign or transfer to any person or entity, any such claim or portion thereof or
interest therein involving the subject matter contained herein.
1 l . This Agreement shall be deemed to have been entered into and shall be governed
by, construed and enforced in accordance with the laws of the State of California regazdless of
the residence of any party at the time of execution or any time thereafter and it shall be
enforceable by noticed motion as if the settlement had been executed under court supervision.
12. The terms of this Agreement are contractual and not mere recitals. Further, this
Agreement supersedes all prior and contemporaneous agreements, representations and
understandings of the parties. No modification or amendment of this Agreement shall be binding
unless executed in writing by each of the parties to the Agreement. No waiver of any of the
provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any waiver be binding, unless executed in writing by
the party making the waiver.
13. If any section, subsection, paragraph, sentence, clause or phrase of this
Agreement, or any part thereof, is for any reason held to be invalid or unenforceable by any court
Resolution No. 2005-121 N.C.S. ~ Page 8
of competent jurisdiction or in any arbitration proceeding, such decision shall not affect the
validity of the remaining portions of this Agreement, or any part thereof, in-espective of the fact
that any one or more section, subsection, paragraph, sentence, clause or phrase of this
Agreement, or any part thereof, maybe declared invalid or unenforceable, as the parties declare
they would have nevertheless assented to every other portion hereof.
14. Each party hereto further agrees each shall at any time hereafter, on the demand of
the other, execute any other documents or instruments and do or cause to be done any other acts
as may be reasonably necessary to cant' out the intent and purpose of this Agreement.
15. Each party hereto represents and warrants that they have carefully read and
understand the contents of this Agreement and signs the same as their own free act.
16. This Agreement maybe executed in one or more counter parts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. Each of the undersigned warrant and represent that they are duly authorized to give a
full and valid release of all claims mentioned herein.
DATED
William Robert Bramblett
DATED
Alicia Dolling Keshishian
DATED The Bramblett-Keshishian Family Living Trust,
Dated September 13, 2000
By:
William Robert Bramblett, Trustee
Resolution No. 2005-121 N.C.S. Page 9
DATED The Bramblett-Keshishian Family Living Trust,
Dated September 13, 2000
By:
Alicia Dolling Keshishian, Trustee
DATED: THE CITY OF PETALUMA
By:
[ATTACH NOTARIAL ACKNOWLEDGMENT)
Approved as to form and content:
Robert P. Oliker, Esq.
Attorney for Bramblett
Richard Rudnansky, Esq.
Attorney for The City of Petaluma
8729496
Resolution No. 2005-121 N.C.S. Page 10
State of California
ss.
County of
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Dorm Namo e1,d rule of Officer te.9., •Jar1e Doe. Notary Pudic
personally appeared
Name(s) or Signer(s) '
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capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
. WITNESS my hand and official seal.
~0Q ~Y Sed Above Sigrmluro d Notary Public
®PTI®r~IAL
Though the information bebta is not requ/red by law, h may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment o1 this form to another document.
Description of Attached ®ocument
Title or Type of Document:
Document Date: Number of Pagess
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
? Individual °
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Resolution No. 2005-121 N.C.S. Page I 1
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acknowledged to me that he/she/they executed
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capacity(ies), and that by his/her/their
' signature(s) on the instrument the person(s), or
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• WITNESS my hand and official seal.
Place Notary seal Above signatlxe of Notary Public
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Though the in/ormaBon below is not required by law, n may prDVe valuable to persons /elying on the document
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Description of Attached Document
Ttle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
? Individual
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O 1999 Nationd Nohiy Assocstion •9350 (k Sob Ave., P.O. Boa 202 • Grsawor0~, CA 91315202 • vnrw.natianhwtary.oq prt,p. No, 5907 ReaQar. Call Tog-Free 12049766eT7
Resolution No. 2005-121 N.C.S. Page 12
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signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
- WITNESS my hand and official seal.
~Ce NOS' seat above signadse or Notary Public
OP7'/OIVAL
Though the information below is not required bylaw, !t may prove valuable to persons retying on the document
• and could prevent haudu/ent remove! and reattachment of this form to another document.
Description of Attached Document
Tile or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Flamed Above:
Capacity(ies) Claimed by Signer
. Signer's Name:
D Individual
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Resolution No. 2005-121 N.C.S. Page 13
E ITTA
Resolution No. 2005-121 N.C.S. Page 14
FOR GRAPHIC ILLUSTRATION ~Vn INFORR~ATME PURPOSES ONLY
SEE EXHIBIT FOR LEGAL DESCRIPTION
~,q~ f1~~C~f15 i
66 ~1~4P5' AO .
LOT S
0 ,
\
~
ClTY~~7.4LU~ COURSE DATA
r.crr~sr ~
O1 N 65'25°10' E 42.J8°
~ 20 S 44 57'05° tlil 40.00°
\
~s
LANDS OF
BRAMBLETT--KESH/BRIAN ~
F.4AI/L Y LMNG TRUST ~ m
ON 2000-110928 ~
~APN 006-38.3-022J z \
\
~ ~
~ ~ ~ LEGEND
® ENO 5/e° REBAR RCE 18200
~
\ \
PAINT OF BEgNNiNG
0
STEVEN Je LA~RANCHI ac r4SSOCIAT'ES
CIVIL. ENGINEERS - ~ LAND SURVEYORS
~rau~aa, ~wu~a~BUSU~ss cENr~
ns s~nwooe, nAn~~ sum s~
• 707-7i3a-3 ~ Page 15
.~9SI ~`~`3'f//SHl4NI0?.66~'FXH~,4/~~ nur_
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I;'
EXHIBIT
LEGAL ®ESCP2IPTIOIV
SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND THE CITY OF PETALUMA.
A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF PETALUMA BY JAS. STRATTON,
DATED DECEMBER 1865, FILED AT THE SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO.
9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIMlVIMG AT THE SOUTHEASTERLY CORNER OF THE LANDS OF WILLIAM ROBERT BRAMBLETT
AND ALICIA DOLLING KESHISHIAN, TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING
TRUST AS DESCRIBED tN DEED RECORDED UNDER DOCUMENT NO. 2000-110928, SONOMA
COUNTY RECORDS, SAID CORNER BEING MARKED BY AFIVE-EIGHTHS INCH REBAR AS SHOWN ON
THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29, SONOMA COUNTY
RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS AS SHOWN ON SAID RECORD OF
SURVEY NORTH 45° 02' S5° WEST, 203.94 FEET TO AFIVE-EIGHTHS INCH REBAR MARKING THE
NORTHEASTERLY CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY, SAID
CORNER BE1NG LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS SHOWN ON THE MAP OF EVANS
HEIGHTS FILED IN BOOK 66 OF MAPS AT PAGE 10, SONOMA COUNTY RECORDS; THENCE ALONG
THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 66° 25' 10" EAST, 42.98 FEET TO THE EASTERLY LINE
OF SAID LOT 451; THENCE ALONG THE EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02' S5° EAST,
188.21 FEET; THENCE SOUTH 44° 57' 05° WEST, 40.00 FEET TO THE POlAIT OF BEG/RIIVlNG.
CONTAINING 7,843 SQUARE FEET MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED RECORD OF SURVEY.
STEVEN J. FRANCHI, P.L.S. 66,8-. DATE
EXPIRATION DATE t2/31/06
ENO
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_ E~.12-31-06
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L
STEVEN J. L.AF~4NCH1 ~ ASSOCIATES
CIVIL ENGINEERS ~ LAND SURVEYORS
PETALUMA MARINA BUSINESS CENTER
775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954
TEL 707-762-3122 FAX 707-762-3239
02661LD1.doc
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FOR GRAPHIC ILLUSTRATION AIdD IPVI-ORR~ATIVE PURPOSES OPdLY
SEE EXHIBIT d FOR. LEGAL DESCRIPTION
EI
//A^lS HEK,~h?S S~/BD~/~~OVV
66 AAAP510
LOT 5
COURSE DATA
LOT 4CSJ • ~ O1 N 65'25' 10° E 42.98'
~ 20 S 44 5705° W 40.00'
S N
R/
LANDS OF . vs ` • ,
i~ '_q'~i
BRAMBLE7T-KESH/SH,G4N o
FAM/LY L/19NC TRUST ~
ON 2000-1 10928
~APN 006-.38,3-022) N
~ \
LEGEND
• ® FOUND 5/8° REBAFt RCE 18200
POINT OF BEGINNING
`
'1, ~
STEVEN J. LA~RANCHI & ASSOCIA°fES
CIVIL ENGtI~IEERS - LAN® SURVEY®RS
a~~Na sus~ss c®ur~
T76 BAYlA~00D DRlbE. ATE 912
PET ~ T Page 18
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~ A7~. ~~-~2D A71.~.~. Page 19
' (f 2~~~1~~92~
RECORD7Q~'G REQL'F.5`I~D BX: 1 ~ ~ oFF:cIRL REG~OS OF
q?IL.I.IAM ROBERT BIiAMBL~i7' aad ) ~ 5oaonA couNTY
AI.IGIA DOi.I.IIdG KFS~ISHIAAt ~ BEsrNic~ A. PETERSON
~liERRL P1761.TC
AND ti'HFs,ty JI:1vC0RDF.D biAlL T0: j a~rzarza®e i®:aa coo
WII.LlAM R056?tT BRAMBLET7' aad a~co~arNC 13.E
Al1CIA DOLLING a~ShTISHI.4N j ~
?a7 Oak Take ~
t?pselnme, Culifomia 94952-ti33 i
No Con>;id~ation far Transfer q a Rev~able Liking Tnut
~~tary T~nsfer Tax: Noar -Not Pursuant to ~ SaL
lDh
ROBERT BRAIi~fELETT
ROBERT BRA1yiBL~' (wha toak title as ~'ILLIAA~[ B
DOLLING IGFSFi>r,SHi.~Ar (who took tithe as ~LICYA ~~3ISITY, and... ALICIA
Husband aad dVife, as Joint Tenants,
hereby grant to ~i'II.I,IA1~J ROBF.R'I' Bt,BTT grad ALICIA DOLZIId•G KESHrSHIt1N, T:vstees of the
8r~ibktt-Keshishia.R Family Living Tivsi, dated Se~ttmi~ 13, 2~, all that real
Cot:aty of Sonoma, S;aae of Cdifoz7ua, as is described in the attached legal d Pte' s~tuatezl in the
escription.
A, P. N. OOG-383-022
Commonly Known As:
717 Oak Terrace, Petaluma
Dated: September 13, 20th
. _ V4•TLLIAI~ ROBERT BRA-~tB.LETT
STATE OF CALIFORPdIA AiiCtA ~I~G KESHISHIAN
COUNTY OF I~AR.IN )
Oa September 13, 2~, before me, GARY la, aERGER. Notary Public, .
ROBfiRT BI~1~BL~I°l' and ALICIA I~OLLX~G KTSI~'ISI~I~,AI ~Y appealed WII.LIA14i
on the basis of satisfacctory tvidenc:e) to be tl~ perso8(s) whose~y known to me (or proved to we
ias~un~ent and acbrnowledged b me i~at beJs~~they exeaiit~ed the sameyher/tbeir auth
~ 1O the wxtlun
and that by his/her/their signature(s) oti the instrument the ~ tyt
Person(s) acted, eze~ted the instiur~Jeat. Persoon(s), or the entity urn behalf of which rlte
K'J'IZVE.SS my hand and official seal.
GARY . BERGER
Not Public, State of California
7'A
~ S~'ATr'~~N~' TY~: MY ~manissaoe expues R~iay 16, 2003
~irII.LL4A-f ROEfiRT BR~,h~I.LTT and
ALICIA DGLLIl~G KESIiISIiIAN 0. R
717 Oak Terrace ~ ~Y ~ 121 `e
Petaluma, Calikrnia 9Q95i-2533 ° S~A1d f;~s~5G0 CO~'fY ~
~i' Co~n• Eup~es A9a~r 26, 2003
Resolution No. 2005-121 N.C.S. Page 20
1
All that real property situated in •~a~a City of Fetaluma, County of Sonoma, State of California, described as
follows:
PARCEL OPd&:
FOR ~ POIIrTT of BEGII~TTING rOM:~cE AT THE SOCITHLAST CORId~R OF LOT NO. 451 A5
SATU LOT LS SHOWA` IId S'T[tA7'TQPd'S OFFICIAL MAP OF THE Cl•I'Y OF Pzrl'ALUriiA; RUNNIIdGy,,
TH]~dCE ALOAIG TTil"s FASTF~tI,Y 130UlYDARY OF SAID LOT, NORTH 45° 13' ~F.ST 340.17 FEET;
THENCE SOUTii 44° 47' Vb'F.SI' •0 FEET; TIS~CE ALONG THE WFSTERI,Y BOUNDARY 4F OAK
TFIi.I
RACE NORTH ~5° 13' WEST.~~ND PAF.AT i Fr•'i'O THE EAST 80L'NDARY OF SAID LOT NO.451,
• 738.9 FEET; THENCE SOUTH 6;'° 40° WEST 72.9 FB'I' TO THE POlAtI' OF COlv12?~1'C]F~iFNT OF
PARCEL OIdE. .
FROM S.~ID POINT OP BEGWI~iP1G RURINII4IG THENCE SOUTH t57° 40' WEST 28.b FEET TO THE
EASTERLY BOUNDARY .OF THI: LA1~S ®F BR09+rN AIVD TRUEBLOOD; THENCE ALONG SAID
BOUNDARY St7LPTFI 31 ° 37° F.A,ST 37.3 FEET; THENCE ATORTH 67° 40' FAST ZZ FAT; TI~NCE
1VORTH 22° 20' WEST 37 F~.~I' T~J TI?E FOINT OF BEGINNLWG, BEING A PORTION OF LOT N0.451
AS PER STRRATTON'S MAP.
PA~CfiL TWO:
FOR A POINT OF BEGL~ri1NG t;0Ai1~AIC;E AT THE SOU'I'HfifiST CORNER Ol' LOT N0. 451 AS .
SAID LOT ;S SHOWY' IN STRATTON'S OFFICIAL ASAP OF Th'E CITY OF PI:TALUASA; RL'Iv7VIN4
. - TIi~~RTCFs.A;
02~FC~ T~ EAS"I'~D.LY BL1IJ1~'DARY bF SAID LC?T, NORT'~? 45°. 13' ~!rF.ST .'~0.?7 F.`F...ET;._
TH~TCfi SUUT~I 44 ° 47' 6VFST 4~0 FEET; TQ T~ POINT OF C0111riCfiNCFrASENT OF THE PARCEL
OF LAND HEREIN TO BE UFSCl.2IBED.
FROM SAID POINT OF BFCiZNN~I.;YG RI,'TfNIlti'G THF~'GE ALONG TIDE WESTERLY BOUNDARY OF .
OAIC'TERRACE NORTH 4~° 13' 14TF~"T AND PAR~I-i-~- TO THE EAST BOUNDARY OF LO'T' 451 AS
PER STRATTON'S OFFICIAL M,~ OF THB CITY OF PlrI'AI,UMA A DISTAATCl~ OF 138.9 FEET;
THENCE SOUTH 67` 40' V4'EST ANI) PARAT y &T" TO WESTERAd AVfiNUE 72.9 FEET; '£fL:IdCE AT
RIGHT ANGLES SOUTH 22° 1nAST 87 FEHI'; THr'1dCE.AT RIGHT ANGLES AA1D PARALLEL TO
WESTERN AYENUB NORTH 67` 4t3' EAST 10 FEET'; TTiENCE AT RIGHT ANGLES SOUTH 22° 20'
EAST SO FEET AND THFNCfi F~:ilr""RLY IM A STIdAIGrI'T LIIVIr 127 FEET, MORE OR LESS, TO THE
1'OII`T OF COM~NCE:i~L6NT, B;E~7G A FORTIOPV OF LOT 451 AS PER STRATTON'S A?4AP OF THE
CITY OF PETALUMA.
EXCF.P'TTNG TI~ItEFROIk4 SUCH PORTIOPt TI~REGF AS IPtCLUDEI)1N THE DEED FROM ELSIS A.
FREY AND CLAUDF C. F~REY, i~ HUSBAND TO Klil`INET'H J. COLIN, ET UX, DATED kiAY 4,
2951 AND RECORDFDJUI~'Fs 8, 151 LZdDERRFCORDr.R'SSERIAL iv0. D-42780, SONGMA COUNTY
RECORDS.
Resolution No. 2005-121 N.C.S. Page 21
•
n
. .
PARCEL THREE:
COMMENCIPiG AT A. POINT ON :fHE NORTHERLY LINE OF WESTERN AVEN[TE WHERE TF~ SAID
AIORT.EiERLY LINE INTERSECTS TINE WFSTERI,Y AUUNDARY OF THE CITY OF PETALUMA;
THENCE ALOIdQ SAID NORTHI::RLX LIIr'E OF ~ Ai~Ii,`E, SOUTH 79 ° EAST 23 FED
T'~T;
THENCE ATOItTH b7° 40' FAST 1'327.40 FfilrT; TIsBhTCB AIORTH 22° 20' WEST 150 F'..FT; THENCE
PrORTIi a0° 17' FAST 56.40 FEBZ'; TfiENCE NORTH 40° 23' °AST, 1 S.10 FEET, 14012E OR LESS, TO
THE NORTHWFSTF.RI.Y CORNER OF TFIAT C'ERTAL~t PARCirI. OF LAh~ CONVEYED B1'
FRANKIE E, DURIfi, FsT AL, TO E.B. RICE BY DFED RirCORDED IN B~7C 279 OF DEEDS, PAGE
305, SONO~. COUNTY RECOR3S; TI~NCE NORTf1EASTERLY ALONG THE NORTHVS~ST6RLY
LINE OF THE LANDS SO CONVVEYED 'TO E.B. RICE, 1~.4Q FEET, MOkZfi OR LESS, TO THE
IdORTHE.4,STERLY CORIv'ER 'f~ffitFAF; TI~ENCE ABORTH 4S° 13' WFS1' ALONG TH&
SOUTHWEST>FRLY LINE OF OA,1{ TERRACE WAY 303.19 FEET TO A POINT, SAID 1~OINT BI:Iid'G
7'HE POINT OF BEGINNING OF 'TkiB LAIv'DS IiEREIPd TO BE DESCRIBED.
FR01~I SAID POINT' OF BEGINNING RGN SOUTH 67° 40' WEST ?7.56 FE)`"T, RiOR1? OR LESS, TO
THE NORTHEAST CORNER OF'I'HE LANDS DF~SCRIBIFD 1N THE DEED FROM LUCIE A. CLOUCIi,
EI' AL, TO AiYRTLF E. BROWN AND F.LI.F,N E TRUEBLOOD, DATED NOVEMBER 27, 1931 AND
I~COIZDEI) IAt BOOK 303 OF OFFICIAL RECORDS, PAGE 302; T'i~NCE SOUTH 22° 40' EAST'
ALONG T13E EAST LINE THEREOF, 60.00 FF~T; THEFdCE CONTINUING ALOtVG EAST LINE SOU'T)3
35° 55' EAST, 14.161~E1'; TFiF,ItifCE NORTH 67° F.~,,ST lOD.15 F1>eEET',1~ORE OR LESS, TO TFiE
WFS'TERI.Y BOUNDARY OF OAl`,: TERRACE WAY; T;tiENCE ALO:dG THE WESTERLY EOUNDARY
OF OAK'IF_RR.ACE WAY, A10R'f?i QS° 13' ~Jb'ES'%' A1dD P~rta~T
~r-'I~0 THE ~ASTFRI,Y 130IJNDAYtY
OP LOT 451, A5 PIER STRATTON"S OFFICIAL 1?~IAP OP THE CITY OP PET'ALUI?~A, A DISTANCE Olr
Sl . S FEET I~ORB OR LESS, TO T~ POQd'I' OF BfiGINNWG OF THE LANDS IIIERF.Iid DESCRTB.cD. .
Resolution No. 2005-121 N.C:S. Page 22
~ I~IZ'
Resolution No. 2005-12] N.C.S. Page 23
RECORDING REQUES ~ cD BY:
CITY OF PETALUIVIA
WHEN RECORDED MAIL TO:
Claire Cooper, City Clerk
City of Petaluma
11 English Street _ - - -
eta uma, CA 94952-2610
. No fee required Govt. Code § 27383
This Space for Recor`der's 0-se Only
E3CEIVIPT ftEC®R®B~~ IFEES pursuant to Government Code §27383, which reads: °No fee shall be
charged by the recorder for services rendered to the State, to any munidpality, county in the State or other political subdivision
thereof, except for making a copy of a paper or record.°
®EE® ~EST~~~.Tf®I~ ~~®AGREEIMERIT
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Govt. Code § 27361.6)
(Additional recording fee applies)
Resolution No. 2005-121 N.C.S. Page 24
DEED ItES'FRIC"TI®1~1 AI~I®,~GItEEIl~I1J1~1'I'
This "Deed Restriction and Agreement (hereinafter referred to as "Agreement") is entered
into effective as of 2005 by and between The Bramblett-Keshishian Family
Living Trust, dated September l3, 2000 (TRUST), WILLIAM ROBERT BRAMBLETT and
ALICIA DOLLING KESHISHIAN, jointly and severally in both their individual capacities
and as Trustees of the TRUST, and THE CITY OF PETALUMA (hereinafter referred to as
"THE CITY"). WILLIAM BRAMBLETT, Alicia Dolling Keshishian and the TRUST are
hereafter referred to collectively as "BRAMBLETT". In each case, BRAMBLETT shall mean
WILLIAM ROBERT BRAMBLETT, ALICIA DOLLING KESHISHIAN, and the TRUST and
any of them individually.
ItECI'I'.4I.S
1. WHEREAS the parties enter into and execute this Agreement in connection with
claims by BRAMBLETT against THE CITY for quiet title as set forth in the Complaint filed on
- June 6, 2003 in the Superior Court of California, County of Sonoma, Case No. 174982 relating to
BRAMBLETT's allegations of title to property located adjacent to 717 Oak Terrace, Petaluma,
California. (the "ADJOINING PROPERTY" as described below.
2. WHEREAS the respective claims of the parties to this Agreement with respect to
the properties described in Exhibit 1 and Exhibit 2 to this Agreement involve bona fide arguable
and disputable questions of fact and law.
3. WHEREAS THE CITY has agreed to Quitclaim all right title and interest it may
have in certain property except for those areas within said property where public utilities and
public utility easements, if any, are currently located and except for access to such public utilities
Resolution No. 2005-121 N.C.S. Page 25
and utility easements more particularly described in Exhibit 1 ("QUITCLAIMED
PROPERTY");
AGREEIVI)EN'I'
BRAMBLETT and THE CITY agree that BRAMBLETT shall have no greater
development potential in any property adjacent to the QUITCLAIMED
PROPERTY described in Exhibit 1 including without limitation, the adjoining
property located at 717 Oak Ten ace, Petaluma and more particularly described as
only that property within the metes and bounds set forth in Exhibit 2
("ADJOIINNG PROPERTY or any other property now owned or in-the future
acquired by BRAMBLETT or the successors in interest of BRAMBLETT, which
may be merged with the QUITCLAIMED PROPERTY.
Nothing contained herein shall preclude any future owner of the QUITCLAIMED
PROPERTY OR ADJOINING PROPERTY making a petition to the Petaluma
City Council to have the restrictions imposed by this Agreement removed.
THE CITY and BRAMBLETT hereby declare their express intent that the
restrictions set forth herein shall be deemed covenants running with the land and
shall be binding upon and inure to the benefit of the heirs, administrators,
executors, successors in interest, transferees, and assigns of the parties regardless of
any assignment, conveyance or transfer of the QUITCLAIMED PROPERTY, or
any part thereof or interest therein. Any successor-in-interest to BRAMBLETT
including without limitation any purchaser, transferee or lessee of the
QUITCLAIMED PROPERTY or ADJOINING PROPERTY shall be subject to
the restrictions set forth herein. Each and every contract, deed, ground lease or
other instrument affecting or conveying the property described in Exhibit 1 or
Exhibit 2 shall conclusively be held to have been executed, delivered and accepted
subject to the restrictions set forth herein, regardless of whether such restrictions are
set forth in such contract, deed, ground lease or other instrument. BRAMBLETT
agrees for itself and for its successors that in the event that a court of competent
jurisdiction determines that the restrictions set forth herein do not run with the
land, such restrictions shall be enforced as equitable servitudes against the
QUITCLIAMED PROPERTY and the ADJOINING PROPERTY in favor of
THE CITY and the remaining portions of the public street of Oak Terrace Way.
NOW THEREFORE, the parties have executed this Agreement effective as the
date first written above,
BATED
William Robert Bramblett
Resolution No. 2005-121 N.C.S. Page 26
DATED
Alicia Dolling Keshishian
DATED The Bramblett-Keshishian Family Living Trust,
dated September 13, 2000
By:
William Robert Bramblett, Trustee
DATED The Bramblett-Keshishian Family Living Trust,
dated September 13, 2000
By:
Alicia Dolling Keshishian, Trustee
DATED: THE CITY OF PETALUMA
By:
[ATTACH NOTARIAL ACKNOWLEDGMENT]
Approved as to form and content:
Robert P. Oliker, Esq.
Attorney for Bramblett
Richard Rudnansky, Esq.
.Attorney for The City of Petaluma
#729607
Resolution No. 2005-121 N.C.S. Page 27
EXHIBIT I
QUI'TC DEED V~TI'H I,EGAI, METES AIdD BOUAIDS DESCRIPTION
QUTTCI..AIMED PROPERTY
' Resolution No. 2005-121 N.C.S. Page 28
EXHIBIT'
LEGAL DESCRIPT'I®IV
SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF SONOMA AND
THE CITY OF PETALUMA.
A PORTION OF LOT 451 AS SHOWN ON THE MAP OF THE CITY OF
PETALUMA BY JAS. STRATTON, DATED DECEMBER 1865, FILED AT THE
SONOMA COUNTY RECORDER'S OFFICE AS WALL MAP NO. 9 BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF
WILLIAM ROBERT BRAMBLETT AND ALICIA DOLLING KESHISHIAN,
TRUSTEES OF THE BRAMBLETT-KESHISHIAN FAMILY LIVING TRUST AS
DESCRIBED IN DEED RECORDED UNDER DOCUMENT NO. 2000-110928
SONOMA COUNTY RECORDS SAID CORNER BEING MARKED BY A FIV~-
EIGHTHS INCH REBAR AS SHOWN ON THAT CERTAIN RECORD OF
SURVEY FILED IN BOOK 508 OF MAPS AT PAGE 29 SONOMA COUNTY
RECORDS' THENCE ALONG THE EASTERLY LINE CAF SAID LANDS AS
SHOWN OIL SAID RECORD OF SURVEY NORTH 45" 02' 55" WEST 203.94
FEET TO AFIVE-EIGHTHS INCH REBAR MARKING THE NORTHEASTERLY
CORNER OF SAID LANDS AS SHOWN ON SAID RECORD OF SURVEY,
SAID CORNER BEING LOCATED ON THE SOUTHERLY LINE OF LOT 3 AS
SHOWN ON THE MAP OF EVANS HEIGHTS FILED IN BOOK 66 OF MAPS
AT PAGE 10, SONOMA COUNTY RECORDS THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 5, SOUTH f;6° 25' 10" EAST 42.98 FEET
TO THE EASTERLY LINE OF SAID LOT 451; THENCE ALONU` THE
EASTERLY LINE OF SAID LOT 451 SOUTH 45° 02' S5" EAST, 188.21 FEET;
THENCE SOUTH 44° 57' 05" WEST, 40.00 FEET TO THE POINT OF
. BEGINNING.
EXCEPTING FROM AND RESERVING THOSE AREAS WHERE PUBLIC
UTILITIES OR PUBLIC UTILITY EASEMENTS IF ANY ARE CURRENTLY
LOCATED AND EXCEPTING AND RESERVIf~G ACCESS AREAS TO SUCH
PUBLIC UTILITIES AND PUBLIC UTILITY EASEMENTS.
CONTAINING 7,843 SQUARE FEET MORE OR LESS.
BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVEMENTIONED
RECORD OF SURVEY.
#763871
Resolution No. 2005-121 N.C.S. Page 29
E~IBTT 2
I.EC3~1I. YvIE'I'ES ~fD ~O~S I3ESCRIPTIOI~t OF AI)JOIAIING PROPERTY
Resolution No. 2005-121 N.C.S. Page 30
. -
All that real pc~aperty siti:ated is ttl~: City of F~In~a, County of So»oma, State of California, described as
foltows:
PARCEL ONS
FOR A POI1dI' OF BEGII~'NIldG rOA~CB AT ~ SOUTI3EAST CORN1~R OF LOT' N0. 451 AS
SAID LOT IS SFfOWA Ilb' S'TRAT'TON'S OFFICIAL I1rIAP OF THE CITY OF PE'I'AL'~7%4A; RUIdNTNG~,„
- 'TIIEAiCE ALONG T~i& FAST~Y BO[JNDARY Ol; SAAR AAT, ;dO12T'l~ X45° 13' FAST 340.17 FEET;
THENCE SOUTH 44° 4?' WEST e;0 FF~`I; Tl~dCir ALONG TTiE WFSTF.RI,Y BUCTNDARY OF 4AR
TERRACE idORT'H 45 ° 13' WEST.AND Pa ~ AT.T .Ft. TO THE FAST BOUNDARI' OF SAID LOT N0.451,
138.9 FFHT; THENCE SOUTH 6 i~O ,~0' WEST 7~.9 FEET TO THE POWI' OF COMI~ATC~utENT OF
PARGF.I.. OIdE. -
FRD11~I SAID pOIN'I' OP BEGINIdTNG ktUIVNTI~G T~IdCB SOUTH b7° a0' dVE.S"T 28.b FEET TO THE
1tr~,sT~LY BOUNDARY of LAxDS of BRoev1,1 AND TRUEBLOOD;. THENCE ALONG SAID-
BOU1dDAAtY SOUTH 31 ° 37' F.A,'3T' 37.5 Ffisl; TFZbPtCE PIORTfI 6?° 44' EAST ZZ F1~T'; THENCE
NORT~3 22° 24` 1~VFST 37 F~.~I' TaJ THE F~OIPdT OF BEGIYdNI1VG, BFrING A PORTION OF LAT N0,451
AS PI:R STRATTON'S AfAP.
PA.RGEL TWO: - .
FOR A PC3INT OF BEGIIdl~'ING COl\~WCE A'I' THE SOU'IT~ST CORATE~ OP LOT N0. 45t AS .
' SAID LOT iS SHO'bYN L'd SZ~ATION'S OFFICIAL AriAP OF TI3E CTrY OF f~ETALUAIA; RIJIvTTIIdQ
. THFR~CB ALOI+IG TE:fi I:ASTED.LY L~QLJri'DARY OF SAID LOT, NORTH 45°. 13'. WFWFS?'.~0,17 F.F...E'?';._ .
THLcNCfi SOUTH 44° 47'' WEST ago FfiE'T; TO TZifi POII~I' OF CO>~MEPrCEA~NT OF ?TIE PARCEI.
OF LAPID HEFF.IId TO BE D~FSCI2IBED,
FROM SAi77 FONT OF BFGINNL'~G RUIdNIIr'G TH~'CE ALONG THE 1~~STFRLY 130UldDARY OF -
OAK TfiRRAC]E NORTFI 45° 13' ~'YFSS'T AND Pa~~.i Fi.'I`O THE EAST BOI3NDARY OF LOT 451 AS
PER STRATTON'S OFFICIAL IVL91' OF TT1B CITY OF FETALUII~A A DISTAYdCB OF 138.9 .FEET;
THEIdCB SOUTH 67° 40' VF'F.ST AND PARAI~C.EL TO ~5"TERM A~/FsPdIJB 72.9 FEET; TH~iCE AT
RIGHT APVGLES SOUTH 22° fiAST 87 FEET; THr~.
tCE AT RIGHT ANGLES AR'D PARALLEL TO
~VESTF~N AYEIdLTE NORTH 67° 44° FAST 10 FEET; TIiII~CB AT RIGHT ANGIFS SOUTH 22° 20'
FAST SO FEET ANI~ 1F•fiNCfi F.A.'~'T'F.RI.Y IPI A 5112AIG'rIT LINfi 127 FEfiT, MOitE OR IFS, TO THE
POII`rl" OF COMA~NCE~T, BF3~IG A PORTION OF LOT 451 AS PER STRATTON'S MAI' OF TFiE
CITY OF PETALUMA.
Z~CE2~ING TIiFREFRORi SUCH FOItT101`t TFIERECF AS INCLUDED 1N THE DEED FROMM EISIE A.
FREY AND CLAUDE C. FREY, i1ER HUSB.4AID 'TO IO:AINETH J. COL1N, E'I' UX, I),ATF.D A1AY 4,
2951 AND RECORDED dUl~°B 8,1951 L`NDER RBCORDr.R'S SERIAL N O. D~2780, SONOMA COUNFY
7~2ECORDS.
Resolution No. 2005-12.1 N.C.S. Page 31
'
. .
PARCEL THREE:
COA'II~~NCIPiG AT A POINT Otd'iHE NORTXERY.Y I.YAFE OF WFS'],ERN AYF,.Y~TUE WHERE TAE SAiD
- NOR'1'11F1EtLY LINE IAITER.SNCT;S THE WES'I`F.RLY BOUNDARY OF THE CIT~i' Op PETAT~JAdA;
TF~dCfi AIAIdG SAID NOR'1'~:~tLX J.~r'F OF Y~J]3iT'ER1V AYEML`~E, SOUTH 79 ° EAST 23 FE,.'~T;
THENCE P10R'I'H b7 ° 40' EAST x327.44 FEET; TSBNCB 2dORTFi 22 ° 20' WEST 150 F'fiET; THENCE
NORTH 40° 17' FAST 56.44 fib; TFIENCE P10RTH 40° 23' °
4ST, 15.10 FEET, MORE OR LESS, TO
THS NORTI~'F.STFRLY CORDER OF TSAT CFR'TALN PARCEL OF LA~'D COAJ~TEYEI? BY
FRANKIE E, DURI£, FsT AI., TO B.B. RICE By Di~D RfiCORD1wD IN BOOK 279 OF DEEDS, PAGE
306, SON4MA COUNTY RF-CORDS; TH~fCB NOR Y ALONG T1iE NORTHV~'ESTERLY
LINE OF THE LANDS $0 CON'VFYBD TO SB. 12ICB, 1.40 FP.13T, MOktFs OR LESS. TO THE
NOItT~.~STERI-7e' CORZv~R TF~tF•OP; Z~fiCE A,*ORTH 45° 13' WEST ALONG T~
SOUTHWFS'IF.RI-Y LIMB OF OA1K T~EtR~?CE 1~VAY 305.19 I7EET TO POIAPT', SAID POINT B~'G
THE POINT OF BEGII+1NIIdG OF 'T~ LANDS FIEREIN TO BE DESCRIBED.
FROM SAII) POINT OF BEGII~IN]AiG RG'N SOUTff167° 40' VV'EST '1'1.56 FEET, AioRE OR LESS, TO
THL IdORTHF.AST CORNER OP'I'NE LANDS DESCRIBED IN THE DEED P'ROAg LUCIE A. CLOUGH,
l:r AL, To ~~Tr,B 1~ BROWS ~ I~.a,.EN E. TdtUEBL001~, DATED Nov~sF.~ 27, 1931 AND
RECORAED IAt B40IC 303 OF C?FFICIAL RECORDS, F1~GE 302; TgiENCE SOUTH 22° 40' EAST
~ALONa THE EAST I.IPIB~F, 60.40 FEET; T1~CI CONTINLIIIdG AL.(?t~dG EAST LItIE SOUTff~
35° 55' EAST, 14.16 F'EII'; TH~1CE PTORTH bT° 4Q' FAST' lOD.15 F'FF
EEE1', iVYORE OR LESS, TO TIC
~VFsSTF.FLY BOUNDARY OF OAl6: TERRACE WAY; 'I~~d~iCE aLOAiG 'T'HE ~FSS'I'ERl-Y T30(TNDARY
OF OA1C TERRACE WAY, NOR'ITl 45 ° 13' yb'EST AND P~ ~ Ate= 'Y
O THE EAS'I~Ri.Y BOUNDARY
OP LOT 451, AS 1'E7t STRATTON'S OFFICIAL ASP ®P THE CITY OF PE'rAI,U1viA, A DISTANCE OI'
- Si. ~ FEET MORB OR LESS, TO TE~s F't7TA1'T OP BEGINNING OF THE LANDS ~REI~T DESCATB~F,D.
Resolution No. 2005-121 N.C.S. Page 32
~~®s~~®~~~~ ~IYb t`m°O W61e~®~~ ~~~~®YV10o Cif®VA tlVa ~O~ H
State of California
ss.
County of
- On ,before me, ,
' Date Nmrle end TNe of ORioer (e.®., 'J~s Doa. Notary Pub6c~
personally appeared ,
Name(s) or signer(s)
? personally known to me
? proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
' adcnowiedged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), , and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary seal Above signature d Notary Public
®PTI®iVAL
Though fhe information below is not required by law, if may prove valuable to persons relying on the document
and could prevent freudulent removal and reattachment o! this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
? Individual Top or thtxnb here
? Corporate Officer -Title(s):
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
O 1999 W1ionN Notary AssoeieCOn • 9350 De Solo Ave., P.O. Boa 2402 • CAetsmore', CA 91313-2402 • ww.r.ruoorutratary.ory Prat. No. 5007 ~ header. CoU TW-Free 1 aa0-876.6827
Resolution No. 2005-121 N.C.S. Page 33
y~00I¦ ®tl W~IPO ~~tls~9 VYtl YO ®~0 ~V/~Otl®tll! ~~D~N~OU Y
State of California
ss.
County of
On ,before me, ,
' Data Name and Title of Orflcer (e.g.,'Jane Doe. Notary Pubtic~
personally appeared
Name(s) o/ Siprar(a)
• ? personally known to me
? proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their • authorized
capacity(ies), and that by his/FierJtheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITPIESS my hand and official seal.
Place Noary seal Above Stgnadue d Notary wdic
- ®P7'0®AIAL
Though the information below is not required by law, h may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
• Titte or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Pdamed Above:
Capacily(ies) Claimed by Signer
Signer's Name:
? Individual .Top or tn~mb Here
O Corporate Officer -Title(s):
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
O Other:
Signer Is Representing:
O 1999 Naliontl ~Y Assocvtion • 9350 De Solo Are:,. P.O. Bo= 2802 • CAitswwm, CA B t J13-2802 • wrm.netiona4wlery.ory Prod. No. 5407 Roorder. Cae Tog-Free 1-900-B76fd27
Resolution No.,2005-121 N.C.S. Page 34
~~L'O~Y ®~~~YV O1lIr~~Y NYYOIi ®Wb ~~~.{t®0011°OVa®OM iVtl b4~ tl
- - - r nj'1
State of California
ss.
County of
On ,before me, ,
Date Name and Title d Olficet (e.g., 'Jane Dos, Notary Pubfic~
personally appeared ,
Name(:) of sbgna(9)
O personally known to me
~ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on'the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary searneore signattro a Notary Puwic
®PTl®NAL
Though the inlonnation below is not requirtad bylaw, it may protre valuable to persons relying on the document
and could prevent fraudulent remove! and reattachment of this fomt to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
? Individual •
Top or thumb here
? Corporate Officer -Title(s):
? Partner - ? Limited D General
D Attorney in Fact
? Trustee
? Guardian ar Conservator
? Other:
Signer Is Representing:
' O 1999 Nad°o°I Notary ASwrntlon • 9350 De Solo Are., P.O. bon 2902 • CAatswae~, CJ1913i}202 • wvrw.natiotvh+aary.ory Plod. No. 5907 Rewdar. CaA To[-Erne 1-B00-x76$827
Resolution No. 2005-121 N.C.S. Page 35