HomeMy WebLinkAboutAgenda Bill 3F 09/14/2009
Septennber 14, 20.09
EFFECTIVE DATE ORDINANCE NQ'. 2342 N.C.S.
OF ORDINANCE
Introduced by
Seconded by
AUTHORIZING THE EXPENDITURE OF $5,500, PLUS COSTS AND FEES, TO PURCHASE
.EASEMENTS FROM SMART'IN CONNECTION WITH THE CAUL~FIELD LANE EXTENSION AT-
GRADE RAILROAD CROSSING PROJECT AND AUTHORIZfNG THE CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS; SMART is the owner of a parcel of'real property located at the western
terminus ofi Caulfield. Lane, in the City of Petaluma, County of Sonoma, California, Sonoma
County Assessor's Parcel No.005-060-080 (Parcel); and,
WHEREAS, the City of Petaluma (Gran.tee) is acquiring from Grantor easements for the
construction, operation and maintenance of a railfoad 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,
' WHEREAS, at a closed session on October 20, 2008, the City Council of the City of
Petaluma authorized staff to negotiate the easements with the Grantor. Staff has successtully
reached an .agreement for the easements; 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 Ordinance and
incorporafed 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") ds part of the program Final Environmental Impact Report for the Central
Petaluma Specific- Plan ("CPSP") certified by the City of Petaluma prior to adoption of the CPSP
(SCH #2002-1 12-039) ~"FEIR"); and,
'WHEREAS, on February 16, 2006, fhe PUC issued its Opiniop Conditionally Granting
Applicatioh 04-06-030 ("200.6 Opinion" ),which conctitionally.approved relocation of the crossing.
and expressly determined after thorough, review that th;e City's prior environmental. review was
adequate. to support 'the PUC conditional approval; and,.
Ordinance No. 2342 N.C.S. Page 1
WHEREAS, qt such time as passenger rail service commences along the rail line, the City is
required by~the 2006 Opinioh to dpply to the PUC for continued authorization of the at-grade
crossing,, and wili include as part of that application any supplemental environmental evaluation
required. because of future institution of passenger rail service. NOW, THEREFORE, Bf IT ORDAINED
BY'THE:CITY COUNCIL 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 and supports the acquisition of the easements authorized by this
ordinance.
Section 2. The City Manager is authorized to execute the Easement Agreement
attdched 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, unlawfu(or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation,, such decision or legislation shall not
affect the validityof the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares thdt it~would have passed acid 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 or 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 Pefalurna City Council.
INTRODUCED and ordered posted/published this 3~d day of August, 2009.
31 ADOPTED this day of , 2009 by the following vote:
32 AYES:
33 NOES:
34 ABSENT:
35 ABSTAIN:
36
37 '
38
39
40
41
42
43
44
45
ATTEST:
Claire. Cooper, City Clerk,
Pamela Torliatt, Mayor
APPROVED AS TO FORM:
Eric Darily, City Attorney
Ordinance No. 2342 N.C.S. Page 2
1
2
3°
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
~Q
22
23
24
25
26
27
28
29
EXFII~1'~' ~1 YO 09tDI1VAIVCE
RECORDING REQUESTED BY:
CITY.OF` PETAL'UMA.
WHEN RECORDED MAIL TO:
City of Petaluma
1 l English. Street
Petaluma, CA 94952
Attn: City Clerk
A P N : 007-579-029-000
Exempt from Recording Fees
Government Code•Section §6103
This space for Recorder's use only.
EASEMENT AGREElVIEN~'
This Easemeht Agreement ("Agreem.ent") is made by and between the Sonoma Marin Area Rail
Transit District, °a public agency•created under California law; ''SMART"), the Petaluma
Community Devel'oprnent Commission, q public body corporate and politic ("PCDC") and the
City of Petaluma, a California municipal corporation, ('`CITY"). SMART, PCDC and CITY are
sornetirnes.referred fo 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 Nortfwestern Pdcific Railroad to SMART recorded in
the Official. Records of Sonoma County as Docurnent,N,o.,.2004 028629. The portion of the
right-of-wayaffected by.ths Agreement is .located in the G:ity of Petaluma, County of
Sonoma, at MP 5=37.,8. and fur~fher'described in Exhibits 1 A, 1 B, 2A, 2B, 3A, 3B, 4A and 4B
(the '"-SIvIART Property").
B. The North Coast Railroad Authority, a public agency (":NCRA") has a perpetual freight
easement' over the SMART Property..
G. On or about .July 31; 2008, PCDC and. NCRA entered into that certain fnteragency -
Agreement Between the Petaluma Community;D,euelopmehtCommission and the North
Coast Railroad A_utho.rity Regarding :Crossing Relocation from Hopper Street to Caulfield
Lane ("Grossing Relocation Agreement"),providing in ,part that an existing mainline
railroad crossing located at MP 5-38.3 in the Cify-of Petaluma (".Hopper Street Crossing")
be relocated to; the SMART Property at MP 5-37;8_ , at'Caulfield Lane in the City of
Pefalumd '("Caulfield Lahe Crossing").
D. SMART stated ~ifs,support for the relocation of the Hopper Street Crossing, to the Caulfield
Lane Crossing in a~ letter dated October 9, 200T.'The nel'ocdfion necessarily includes use
of the SMART Property for the Caulfield Lane Crossing.
Ordinance No. 2342 N'.C.S.
Page 3
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.
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 vvarriing measures acceptable to the City, SMART and NCRA,
as well as public improvements for pedestrian and vehicular access over the relocated
crossing and public utilities, including obtaining do 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 conriect '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 are as shown in Exhibits SA Arid 56 attached hereto and
incorporated hereih by reference. The Utility Easemerif 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 Agreement 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 righf-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 Ob-02-036 dated February 16, 2006, and any
subsequent modification of said Decision.
CITY and PCDC wish to obfain' 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 and pedestrian access easement for an
extension of Caulfield Lane across the SMART property; (2p public sidewalk easement on
both sides of the Caulfield Lane extension; (3) public utility easement on both sides of the
Caulfield Lane extension; and (4) public storm drain easement for an extension of the
existing sforrn drain all as further described in Exhibits 1 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:
Ordinance No. 2342 N.C.S. Page 4
1 AGREEMENT
2
3 1. Grant of Non-Exclusive Easements. SMART hereby grants to CITY non-exclusive
4 easements over the S'MA'RT Property of the nature, character and extent, and subject to
5 the conditions, set forth in this Agreement ("the Easements").
Description of Easements over SMART Property. The Easements are perpetual easements
and Yights-of-way for fhe purpose of laying down, constructing;'reconstructing, removing,
replacing; repairing, maintaining, operating and using; the improvements in accordance
with improvement pldns entitled "The Caulfield Lane Extension Railroad At-Grade
Crossing and Hopper Street Closure at Lakeville Street-Project No. 001200104" (''the
Project") in, under; a-long and across the portions of the SMART Property described in .
subparagraphs 2a, 2b, 2c and 2d ("the Easement Areas"); provided, however; "that CITY
shall not damage or restrict SMART's full use of the SMART Property or the improvements
existing thereon in anyway. SMART reserves the right fo install, construct, operate, and
maintain .both its existing improvements: anal any future improvements on -the SMART
Property. The grants of easement herein areaubject and subordinate to the rights of
SMART, and. its 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 fhe 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 Easemenf. 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 l B attoched 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 ii:erein by reference.
3. .Signal House Easement and' Utility Easement: CITY`shall obtain an easement naming
SMART as.grantee, affecting:258 square feet more or less o..f, property (the "Signdl. blouse
Easement") together with an easementfor'utility.purposes to connect the Signal House
Easemenf 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 are as shown'in Exhibits 5A and 5B attached hereto
and incorporafe.d herein by reference: The Utility'Easementtyill affect the same property
burdened by a .Public Utility Easement which is to be acquired. by the CITY as grantee:
The CITY Arid SMART anticipate fiat utilities to serve the Signal House Easement will be
placed `in one of three 4'' conduits to be installed by NGRA's contractor as shown on HDR
Plan Sheet C-002..
Ordinance No. 2342 N.C.S. Page 5
1 4. Term. The Easemerifs shall continue iri perpetuity unless this Agreement is amended or
2 ' ' . terminated by mutual, consent, in accordance with Section 16.
3 5. Maintenance of Easements. CITY shall maintain all improvements within the Easement
4 Areas at CITY's sole cost and expense. CITY shall use diligent, good faith efforts to
5 provide that any reconstruction or maintenance, activities performed by CITY and
6 related to the easementsshdll not interfere with SMART's continued use of the SMART
7 Property or the Easement Areas or for any purpose.
8 b. Right of Entry Permit. CITY agrees to obtain from SMART aRight-of-Entry Permit to enter
9 upon Easement Areas for, the'performarice. of any work-.~ C1TY may designate a
10 contractor to perform such work, in which. case that contractor shall obtain aRight-of-
11 Entry Permit from SMART to enter upon Easement Areas, SMART shall not unreasonably
12 deny any Right-of-Entry Permit contemplated hereunder. G1TY shall give notice to SMART
13 prior to commencement of any work, as required by the Right-of-Entry Permit.
14 7. Fiber Dptie Systems. The rights granted by this Agreement are subject to the rights of
15 SMART (or anyone acting with'the permission of SIvIART) to construct, reconstruct,
16 maintain, and operate fiber optic qnd other telecommunications systems. ("Systems") in,
17 upon, along, across, and beneath Easement Areas and SMART rights-of-ways, including
18 Easement Areas upon which .Project shall be constructed..
19 CITY agrees to reimburse SMART :and/or the ovyner of Systems existing as of the effective
20 date of this Agreement for all expenses incurred' bythe,owner of said existing Systems to
21 maintain, repair Arid%or relocate said existing Systems which would not have been
22 incurred except by reason of the use of the Easement Areas by City, its agents, .
23 employees or`invitees, including anydamages incurred bysuch owner due to injury to
24 said existing Systems.
25 For future Systems installed after the date of this Agreement, CITY agrees to reimburse
26 SMART or the owner of the Systems for~all damages incurred by SMART or the owner of
27 the Systems. due to the CITY's egligence or the negligence of its agents, employees or
28 invitees. CITY'is not responsible. to reimburse SMART or~the owner of the Systems for
29 relocation costs for the. future Systems.
30 In addition to other provisions of this Agreement requiring CITY to give no#ice prior to
31 commencing work; CITY shall telephone Qwest Communications, Inc. at 1 (800) 283-4237
32 (a 24-hour number) to determihe whether a telecomrrmunications system is buried
33 ahywhere on Easement Area. If there is, CITY will telephone the owner of the system
34 designated by SMART, arrange for a cable locator, an'd make arrangements for
35 relocation: or other protection' for the System prior to beginning any work on Easement
36 Area.
37 8. Project Markers. Project markers in a form and size. satisfactory to SMART; identifying the
38 facility and its owner, shall be installed and perpetually maintained by and, dt the
39 expense of CITY at SMART's property lines or such locations ds SMART shall reasonably
40 approve. Such markers shall be relocated or removed upon reasonable r,equ,est of
41 SMART without expense to SMART: The absence of markers does not constitute a
42 warranty by SMART that there are no subsurface installations:
43 9, Waste or Nuisance; SMART's Rights in .Property. CITY shall not commit or suffer: (a) any
44 waste or nuisance on the Easement Areas; (bj any action or use of the Easement Areas
45 which interferes or conflicts with the use of the Easement Areas by SMART or any
Ordinance No. 2342 N.C.S. Page 6
1 authorized rail operator or any other entity with prior easement or license rights; or (c)
2 any acfiori on the Easement Areas in violation of any law or ordinance'. Except as
3 otherwise provided in this Agreement, CITY shallnot undertake or permit any activity or
4 use on the Easement' Areas that is inconsistent with the purpose of this Agreement.
5 `10. Indemnity. SMART, its successors and assigns, any railroad company opera#ing on
6 SMART's property and their respective directors; officers; agents, and employees shall not
7 be iiabie to CITY or any third' party forany liability;. injury;. loss; or damage, including but
8 not limited to, injuries~to; or:death of; any person or the propertyor employees of either
9 -party ("Claim") arising out of or in connection wi,fli,the use of the easements granted
0 herein, except to the extent`that such Claim relates to the:negligence or willful ,
1 misconduct of SMART'ahd/or'any railroad'eompany operating on SMART's property.
2 CITY agrees. to defend', indemnify, hold harmless, and release SMART, its directors,
3 officers, agents; and employees, from and against dny and all actions, claims, suits,
4 damages,,liabilities, or expenses..(collectively, "Claims`') that; may be asserted by any
5 person or entity; including CITY, relating to the CLTY's negligence or willful misconduct in
6 connection with the easements granted herein, except, toy the extent that such Claims
7 relate t.o the negligence and%or willful rnisconduet of SMART and/or any railroad
8 company operating on SMART's property:
1 1. Enf.orcerrienf. If th"rough inspecti"on or otherwise SMART'determines that CITY is in violation
of the provisions of this Agreement or that: a violation is threatened, SMART shall give
wriffen.notce to CITY of su,ch'violatio;n and demand corrective action sufficient fo cure
the: violation. I# CITY fails to cure the violation within fourteen ('14) days after receipt ofi
notice th"ereofi from SMART,, or under circumstances:where. the violation cannot
reasonably be cured within a fourteen (14') day period, f ails to; begin curing such
violation within #ne fourteen (1;4) da,y period', or fails t.o .continue diligently to cure such
violation until. finally 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 iolation. If SMART:reasonably cietermines that circu-"instances require immediate
action fo prevent' or mitigate a violation or threate.ned'. violation of the provisions of this;,
Agreement, SMART may pursue its remedies under this paragraph without prior written
notice to CITY and without waiting for the period for cure to expire.
33 12 Compensation for Easement. As consideration for the°easemerts granted herein, C1TY
34 shall pay SMART the sum ~of Five Thousand Five Hundred .Dollars ($5,500.00).. Said. sum'shall
35 be the purchase price for the: Easement Areas so conveyed by SMART pursuant to this
36 Agreement and in settlement. of all matters relating to CITY`s acquisition of the Easement-
37 Areas; including,, but,no"t limited to; claims for relocation benefits, lossofgoodwill, and
38 anyseverance,or other damages:. CITY shell pay all escrow, closing, and document
39 record.'ng fees.ncurred, CITY shall also"reimburse SMART for staff, and consultants time to
r •~ -
40 review and' prepare d_ocurnents associated with this. project in an amount not to exceed
41 $5;000... A separate, rn~;oice.detailing such expenses by date, time spent and personnel
42 involved shall be: provided to CITY afternegotiations have concluded.
43 Upon receipt of this Easement .Agreement, duly executed and acknowledged, CITY shall.
44 execute an acceptance of the .Easement Agreement-and deposit said Easement
45 Agreement and acceptance in an internal escrow with the CITY.
46 13. Enforcerrierif Discretion,, Enforcement of the :provisions. of this Agreement shall be at the
47 discretion of the pa~ties~, and any forbearance. by a party'to exercise its rights under this
Ordinance No. 2342 N.C.S. Page 7
1 Agreement in the event of any breach of any provision of this Agreement by the other
2 party shall .not be deemed or construed to be a waiver by the party of such provision or
3 of any subsequent breach of'the same or any other provision of this Agreerrient or of any
4 of'the party's rights under this Agreement. No delay or omission by a party in the
5 exercise of any right or',remedy upon anybreach by the other party shall impair such
6 right or remedy or be construed as a waiver.
7 14. Access and Control:.Except as; otheniyise expressly provide. d in this Agreement, SMART
8 retains the exclusive right of access to and control over the Easement Areas. Nothing
9 00ntained in this Agreement shall be construed as precluding SMART's right to grant
10 access to third parties across the: Easement Areas. consistent with use of the Easement
11 Areas provided in this Agreement.
12 15. Successors.. This .A.greement shall be binding on and shall inure to the benefit'of the
13 parties hereto and their respective successors, heirs,: assigns and transferees.
14 1 b. .Amendment.: If circumstances arise-under which an ;amendment or modification of this
15 Agreement would be appropriate;'such drn'endmentshall become effective only upon
16 mutual consent of the parties.: Any such amendment shall be in writing and recorded in
17 the Office of the Sonoma County Recorder.:
18 17. Notices: Any notice, demand, request, approval; or other communication that either
19 party desires or iS required`to be given under this A~gree;mentshall be in writing and may
20 be given:by personal delivery or by mail :Notices, de"mends, requests, approvals, or
21 other communications sent by mail should be addressed as follows:
22 SMART:- Sonoma-Marin,Area Rail Transit
23 Attn: Properfy Manager
24 750 Lindaro Street #200
25 San Rafael, CA 94901
26'
27 CITY: City of Petaluma
28 T 1 English Street
29 Petaluma, CA-949'52
30 Attn: City Ivlana"gee
31
32 PCDC Petaluma Comrnunify Development Commission
33 11 English.Street
34 Petaluma, C`A 9:4952
35 Attn: Executive Director '
36 .
37 and when so addressed., shall be deemed given upon deposif in the United Stdtes Mail,
38 registered or certified, return receipt requested, postage prepaid. In elf o her'instances,
39 notices,, demands, requests,, approvals, or other communications shall be deemed given
40 at the time of,actual delivery. Changes rna;y be rriade in the names and addresses of
41 the persons to whom notic:es;'demands, requests, approvals, or other communications
42 are to be given by giving notice pursuant to this section.
43 18. Applicable Law.dnd Forum. Inferpretatian arid, performance of this Agreement shall be
44 governed ,by California Law and any action to enforce the provisions of this Agreement
45 or the breach fhereof "shall be broughf and. tried'in the, County of Sonoma.
Ordinance No. 2342 N.C.S. Page 8
1 19. No Third_ 'P'arty Beneficiaries, Nothing contained iri "this`, Agreement shall be' "construed to
2 . create and tiie part"ies' do no't intend to"create any righ',ts in, third' parties.
3 20. Integration: This Agreemen is the final andicornplete expression of th'e agreement
4 between the parties .and any and gal prior or conternporgneous agreements written .or
5 oral' are merged into this instrument.
6' 21,:, Captions. The. captions iin this: Agreement.have`been ihcluded solely for cgnyenience of
7 reference:. They are not a part of. this.Agreernent and shall have no effecf upon its
8 constru,c'tion or interpretation. _
9 22. Survival of'Actreement. T,his'Agree.rnent, including dll representations, warranties,
10 covenants, agreements, releases and other obligations ,COnt:ained herein, shall survive
11 the closing of this transaction and recordation of any deed or other document related
12 hereto.
13 23. Severability: If any provision, of 'thi's Agreement is'held _by a court of competent
14 "jurisdiction to be invalid, void or unenforcedble,: the remdining provisions hall continue in
15 full~force; without being irnpai~ed or invalidated in any way.
16 24. Authority And Execution Each person executing this Agreement on behalf of a party
17 represents and warrants that such person is duly- and validly authorized to do so on
18 behalf of'fhe entity it purports to bind and if such party' is a partnership, corporation or
19 trustee, that such partnership:,. corporation, or trustee- has full ,right and' authority to enter
20 into. this Agreement and perforrri all of its obligations hereunderand that all actions
21 required under applicable governing law°for the;authoriza~tion, execution, delivery and
22 ~ performance of this Agreement have been duly`takem.
23 25. Ataorneys Fees: In the euent;any party pursues any right to enforce the provisions of this
24 Agreement, the. prevailing partyshall have. the'right~to collect' all costs and expenses,
25 including attorneys' fees, incurred by the prevailing party`in enforcing the obligations of
26 the other party°under this Agreement, as fixed'by the court'.
27 26. P.U.C. Decision.Ob-02-036. City and PCDC:aeknowledge that',the City is~bound by and
28: subject to California Public :UtilityCommission (PUCJ~Decision'06-02-036 dated February
29 "_
l.b, 2006, and any subsequent' modification of'saidDecision.
30
31 Signatures on following:pages]'
32
Ordinance' .No.. 23'42 N.G S. Page 9
1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed.
2
3 By SMART this day of , 2009.
4
5 By CITY this day of , 2009.
6
7 By PCDC this day of , 2009.
8
9
10 [ATTACH NOTARIAL.ACKNOWLEDGMENTS AS TO SIGNATORY PARTIES]
11
12
13 SONOMA-MARIN AREA RAIL TRANSIT DISTRICT:
14
15 Attest:
16
17 By: By:
18 Chairman, Board of Directors Clerk, Board of Directors
19
20
21 Reviewed as to Substance:
22
23
24 By:
25 General Manager
26
27 Approved as to Form:
28
29
30 By: _
31
32
33
34 CITY:
35
36
37 By:
38
39
40 Attest:
41
42 By:
43 Claire Cooper; City Clerk
44
45 (signature blocks continued on next page)
46
47
48
49 Approved as to Form:
50
51
Date:
Deputy County Counsel
Date:
John C. Brown, City Manager
Ordinance No. 2342 N.C.S. Page 10
1 By: Date:
2 City Attorney
3
4
5 Approved:
6
7
8 By: Dater _
9 1270659..1
10
11
12 By: Date:
13 Risk Manager
14 -
15
16 By: Date: _
17 Finance Director
18
19 -
20
21 PETALUMA 60AAMUNITY DEVELOPMENT COMMISSION:
22
23
24
25 By: Date:
26 John C. Brown
27 Executive Director
28
29 Attest:
30
31
32 By: Date: _
33 Claire Cooper
34 Recording Secretary
35 -
36 Approved as to form:
37
38
39 By: Date:
40 Erie W. Danly
41 General Counsel
42
43
44
45
46
47
48
49
Ordinance No. 2342 N.C.S. Page 1 1