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HomeMy WebLinkAboutAgenda Bill 4C 09/21/2009~ ~: CITY OF PETALUMA, CALIFORNIA ~ e ~~ ~ I. September 21, 2009 Agenda Title: 1Vleetin~ Date: Sept. 21, 2009 Discussion and Possible Introduction (First' Reading) of an Ordinance Authorizing the Expenditure of :$39,000, Plus. Costs and Fees; to Purchase 1Vleetin~ 'l'ime: 7:00 PIVI Easements from MacPhail Properties, Inc. in Connection with the Caulfield Lane Extension At-Grade Railroad Crossing Project and Authorizing the City Manager to Execute All Required Documents. Ca$e~Ory: ^ Presentation ^ Appointments ^ Consent ^ Public Dearing .~ Unfinished Business New Business Department: Director.: Contact.Person: Phone Number: Public Works Vinc nt arengo Larry Zimmer 776-3674 Total Cost of Proposal or Project: Name of 1Fii><nd: PCDC: $39,000 $39,000 easement purchase price $3,000 misc. fees and costs (approximate) Account Number: 001200104-30200-62110 $42,000 Current:Fund Balance: $909,343 Amount Budgeted: $1,506,000 recomffiendadon: It is recom>inended that the City Council take the following action: Introduce ordinance authorizing the expenditure of $39,000; plus costs and fees, to purchase easements from MacPhail Properties, Inc. in connection with the Caulfield Lane Extension At-Grade Railroad Crossing Project and authorizing the City Manager to execute all required documents. 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting 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 Summary Statement: . 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. Easements from MacPhail Properties, Inc. are needed for the construction, operation,. and maintenance of the sidewalk, public utility and railroad signal equipment housing. Attachments to. Agenda Packet'Item: ' 1. Ordinance, including- Agreement (Exhibit A to Ordinance), and accompanying easement legal descriptions (Exhibits One, Two and Three to Agreement) l~ev' wed b. Finance. Director: reviewed b Ci Attorne Approved by City 1Vlana~er: te: h Date: Date: Q . $. ~°~ Rev: #4' ~ Date'Las Revised: 9/2109 File: S:\CIP DivisionU'rojects\Railroad At-Grade On Caulfield (~ A I~ ' C01200T04(Formerly 000200104)\Design\330 PCDC-City Council\Macphail Easement\CC Ordinance Re Purchase Of .`~ (',v Mac hail Easements.Doc CITY OF PETALUMA, CALIFORNIA SEPTEMBER 21, 20®9 AGENDA REPORT FOR DISCUSSION AND POSSIBLE INTRODUCTION (FIRST READING) OF AN ®RDINANCE AUTHORIZING THE EXPENDITURE OF $39,000, PLUS COSTS AND FEES, TO PURCHASE EASEMENTS FROM 1VIACPHAIL PROPERTIES, INC. IN CONNECTION WITH THE CAULFIELD LANE EXTENSION AT-GRADE RAILROAD CROSSING PROJECT AND AUTHORIZING THE CITY 1VIANAGER TO EXECUTE ALL REQUIRED DOCUMENTS RECOMMENDATION: Introduce ordinance authorizing the expenditure of $39,000, plus costs and fees, to purchase easements from MacPhail Properties, Inc. 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 beable to close an existing crossing on Hopper Street at Lakeville Street. During the design, it was determined that easements on . MacPhail property were needed for the construction, operation, and maintenance of the railroad signal equipment housing, sidewalk and public utility. The City Council directed staff to proceed with the easement negotiation. Staff has successfully negotiated the easement with 1VIacPhail at a cost of $39,000. 3. DISCUSSION: Staff recommends Council authorize the City Manager to execute all documents relating to the grant of easement to facilitate construction of the railroad crossing. 4. FINANCIAL IMPACTS: The cost of the easements on MacPhail's property is $39,000, excluding title, escrow, and other miscellaneous costs totaling approximately $3000. This expense will be paid from the approved budget for the Caulfield Lane Extension At-Grade Railroad Crossing Project. 2 S:,.CIN Divisiod~NroiectsUtailroad At-Grade on CaulYield C0120010~!(formerly COR200104)`:Design'330 PC DC-Lin' Couucil`:MacPhail Lasement'•.I~INAL Aceiida {3i11'•C{: ordinance re ~urchasz of MacYhail casements.doc ORDINANCE NO. N.C.S. AUTHORIZING THE EXPENDITURE OF $39,000, PLUS COSTS AND FEES, TO PURCHASE EASEMENTS FROM MACPHAIL PROPERTIES, INC. IN CONNECTION WITH TIIE CAULFIELD-LANE EXTENSION AT-GRADE RAILROAD CROSSING PROJECT AND AUTI~ORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, MacPhail Properties, Inc. is the owner of a parcel of real property located at the end of Caulfield Lane Extension, in the City of Petaluma, County of Sonoma, California, Sonoma County Assessor's Parcel No. 005-060-087 (Parcel); and WHEREAS, the City of Petaluma (Grantee) is acquiring from Grantor easements for the construction, operation and maintenance of railroad signal equipment housing, sidewalk and public utility; and WHEREAS, for such purposes, Grantee intends to construct the railroad equipment housing, sidewalk and public utility onto the easements; and WHEREAS, the City Council of the City of Petaluma authorized staff to negotiate the easement acquisition with the Grantor, resulting in the proposed Easement Agreement, a copy of which is attached as Exhibit A and made a part hereof; and WHEREAS, an easement deed sufficient to grant the easements described in Exhibits One, Two and Three of the Easement Agreement to the City will be prepared and recorded pursuant to the Easement Agreement; 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 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 #2002-112-039) ("FEIR"); and WHEREAS; on February 16, 2006, the PUC issued its Opinion Conditionally Granting Application 04-06-030 ("2006 Opinion"), 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 WHEREAS, at such time as passenger rail service commences along the rail line, the City is required by the 2006 Opinion to apply to the PUC for continued authorization of the at-grade crossing, and will include as part of that application any supplemental environmental evaluation required because of future institution of passenger rail service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA 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. 3 S:1C11' Di~rision\Yt'uiectslRaihoad At-Grade on Caulfield C01?0010~(formerly 000200104)'~•.llesian'330 k'CDC-Cim C:ouuci111v1acPhail Lasemenf.P1NAL :\genda 13i111CC ordinance re purchase of MacPhail easements.doc y 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 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 Petaluma City Council. 4 S:\Cll' Divisionl}'rolects'•.Railroad At-Grade on Caulfield C0120010a(fonnerly C00200104)\i>esi~n'330 PC DC-C in' C:ouucillMacYhnil Lasemem:FitiAL .Aeenda 13ilf,CC. ordinance re purchase of Macl'hail easements.doc AGREEMENT FOR THE PURCHASE AND SALE OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into effective as of September 21, 2009 (the "Effective Date") by and between MacPhail Properties Inc., a California Corporation, ("GRANTOR") and the City of Petaluma, a municipal corporation, "CITY"). GRANTOR and CITY are sometimes hereinafter referred to as the "PARTIES." It is agreed between the PARTIES as follows: 1. PROPERTY TO BE CONVEYED: GRANTOR agrees to sell and CITY agrees to purchase from GRANTOR on the terms set forth in this agreement perpetual easements ("Perpetual Easements"), together with temporary construction easements ('Temporary Construction Easemehts" or "TCE's") over, upon and across certain real property owned by GRANTOR and identified as Assessor's Parcel Number 005-060-087 (Grantor's Property). The Perpetual Easements and the TCE's to 6e granted by Grantor in accordance with this Agreement are described as follows: A. A Perpetual Easement for public use for sidewalk purposes and a TCE for the installation and construction of public sidewalks as more particularly described and depicted in Exhibit One attached hereto and incorporated. herein by reference. B. A Perpetual Easement for the purpose of construction, installation, removal, repair, replacement, reconstruction, maintenance, operation and use of public utilities, including without limitation,.. electricity, gas, water, sewer, telephone and cable television and storm drains over, along, upon, under, and across the easement area, and a TCE for the installation and construction of said public utilities, as further described in Exhibit Two attached hereto and incorporated herein by reference. A Grant of Easements for the Perpetual Easements and the TCEs, duly executed and acknowledged, shall be provided by Grantor, consistent with this Agreement. The Perpetual Easements and the TCEs granted to City thereby are collectively referred to hereafter as "the Grant of Easements." The areas subject to the Easements are referred to herein as the "Easement Areas." 2. ACCEPTANCE OF GRANT OF EASEMENTS: Upon receipt of the above Grant of Easements, duly executed :and acknowledged, CITY shall execute an acceptance of said Grant of Easements. Upon and after said acceptance., City shall maintain the Easements and all improvements erected thereon by City pursuant to applicable law. 3. COMPENSATION: CITY shall: A. Pay the sum of'$32,500.00for the Easements as full compensation conditioned upon the Easements vesting in the CITY free and clear of all liens, leases, encumbrances, easements (recorded and/or unrecorded), assessments and taxes other than the . Permitted Exceptions and the Commercial Lease, dated October 16, 2006, between GRANTOR and Goodwill Industries of the Redwood Empire, Inc_, as amended (the "Goodwill Lease"). The purchase price for the Easements includes payment for any and all improvements removed and not replaced thereon, provided that following any work within the Easement Areas, the City shall restore the above-ground surface area and improvements to the same or better condition than existed prior to the work (excluding such improvements to be removed and not replaced as part of such work J and including the public utility, sidewalk and signal house improvements contemplated under this Agreement.) B. City wishes to acquire for. the Sonoma-Mann Area Rail Transit District, a public agency created under California, law; ("SMART") a permanent easement for a signal house structure to be usetl to house .equipment for the operation of railroad signal operations ("Signal House Easement") together with ~:a permanent easement for public utility purposes for the connection of equipment to be placed on the Signal House Easement by SMART to other signal-equipment already existing on SMART property, together with access across said easements. and a TCE to permit construction of said .improvements, all as more particularly described in Exhibit Three attached hereto and incorporated herein by reference (collectively, the "SMART Easements"). As part of this Agreement, Grantor agrees to grant to SMART the SMART Easements, and CITY agrees to pay to Grantor the additional sum of $6,500.00 as consideration for the grant of the SMART easements. C. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. D. Have the authority to deduct and pay from the amount shown above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this transaction closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments. Close of this transaction and~payment of compensation may, at the sole discretion of CITY, be contingent upon issuance of an CLTA policy of title insurance subject only to Exceptions numbered 1 through 18 and 21 through 28 as shown on that certain Preliminary Report,. North American Title Company Order No. 62243398, Update. No. 4, dated June 11, 2009 at 7:30 a.m. ("Permitted Exceptions"). Exception No. 20 as shown on the June 11, 2009 Preliminary Report.Update No. 4 shall also be considered a Permitted .Exception on the condition and provided that, prior to close of escrow, Grantor has furnished for recordation a .Release, Relinquishment and Extinguishment of Easement expressly effecting the release, relinquishment and extinguishment of all easement rights previously granted or otherwise conveyed by Grantor by means of that certain Easement Agreement recorded on October 12, 1999 as Instrument No. 1999-126745 in the Official Records of Sonoma County; and7or that certain First Amendment to and Assignment of Easement Agreement recorded on August 29, 2001 as Instrument No. 20011.18298 in the Official Records of Sonoma County. Exception number 19 as set forth in said Preliminary Report .shall be removed, as a condition of close of this transaction and payment of compensation by CITY. In addition, it shall be a condition of close of'this transaction and payment of compensation by CITY that GRANTOR obtain from Goodwill Industries a written subordination or other agreement in form acceptable to the City subordinating the Goodwill Lease to the Easements. 4. PUBLIC PURPOSE: CITY requires the Easements, property not now appropriated for public use, for the construction of public sidewalk and public utilities ("the Public Improvements") in connection with the relocation, construction and maintenance of a public railroad crossing in the area commonly known as the Caulfield Lane Extension. b 5. REPRESENTATIONS AND WARRANTIES: A. GRANTOR represents and warrants that GRANTOR is not aware of any underground storage tanks on, in or under the .Easement Areas and is not aware of any hazardous, toxic or petroleum product substances or materials in, on or under the Easement Areas, .except as disclosed in that. certain Amendment to Covenant to Restrict Use of Property -Environmental Restriction, DTSC site code number 200667, Instrument No. 2007070711 recorded in the Official Records of Sonoma County, California ("Restrictive Covenant") or as may be present in, on or under the Easement Areas as a result of releases or discharges from the service station located at 1001 Lakeville Highway. CITY has informed GRANTOR as to the plans for the construction of the proposed public improvement in the manner proposed. B. GRANTOR represents and warrants that GRANTOR is the sole fee owner of the Property and GRANTOR warrants that GRANTOR has the right 'and power to enter into .this Agreement and to convey the Easements. GRANTOR further represents and warrants that it is not under contract with any other party for the purchase and sale of the Grantor's Property, and that there are no oral or written leases in effect with respect to any portion of the Easement Areas .other than the Goodwill Lease. GRANTOR agrees to indemnify, defend with counsel approved by CITY, hold harmless and reimburse CITY and its officers, representatives, agents and employees from and against any and all suits; damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, in the event that any of GRANTOR's representations or warranties contained in: this paragraph are not correct at the time made or at the close. of escrow, which obligations, together with the representations and warranties set;forth above shall survive close of escrow and recordation of the Grant of Easements. ti. RIGHT OF POSSESSION AND USE: It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the Easements by CITY, including the right to remove the existing improvements, if any, and to construct the proposed improvement and the necessary conforms to the proposed .improvement, shall commence on recordation of the Grant of Easements and that the compensation amount shown above includes, but is not limited to full payment for such possession and use from said date. . 7. ESCROW: A.. This transaction shall be. handled through an escrow with North American Title Company. The Grant of Easements shall be executed and delivered to the escrow company for the purpose of placing the Grant of Easement into escrow. The Grant of Easements shall be delivered in the -manner described in the previous sentence solely for the convenience of the parties. GRANTOR shall not be deemed to have delivered the Grant of Easements and CITY shall not be deemed to have accepted delivery of the Grant of Easements until such time as the Grant of Easements is recorded in the Official Records of Sonoma County, California in accordance with written escrow instructions .delivered fo escrow by CITY and GRANTOR and consistent with this Agreement. Within five (5) days after this Agreement is executed by CITY and GRANTOR, GRANTOR shall complete execute and deliver to escrow holder (i) an affidavit executed by GRANTOR certifying that GRANTOR is not a "foreign person" within the meaning of Internal Revenue Code Section 1445(f)(3), and meeting the requirements of Internal Revenue Code Section 1445(b)(2), and (ii) an original Withholding Exemption Certificate (California Form 590 or 590-RE, as applicable), fully executed by GRANTOR as required by the California Taxation and .Revenue Code,.certifying that the GRANTOR is_not subject to tax withholding under applicable California law. Escrow agent shall deliver the purchase price to GRANTOR, less amounts necessary to place title in the condition required by this Agreement when title to the Easements vests in CITY, subject only to the Permitted Exceptions. Title shall be evidenced by a CLTA owner's policy of title insurance ("Title Policy"). The Title Policy shall be in the amount of the purchase price, showing title to the Perpetual Easement. and the Temporary Construction Easement vested in CITY, subject only to the Permitted Exceptions, as defined in Paragraph 3. D. above. It shall be a condition precedent to CITY's obligations under this Agreement that escrow holder is able to issue the Title Policy to CITY as specified upon the close of escrow. B. Notwithstanding the foregoing, CITY shall have the sole right to elect to close this transaction without the use of escrow services. If CITY elects to close without the use of escrow services, CITY shall upon acceptance of the Grant of Easements, pay the purchase price amount directly to GRANTORS and record the Grant of Easements and the SMART easements. If CITY elects to close this transaction with the use of escrow services, CITY and GRANTOR shall sign escrow instructions, if necessary, to effect this Agreement and close escrow. 8. TRUST DEED(s) AND MORTGAGE PAYMENT: Any or all monies payable under this Agreement up to arid including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made. payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary" (ies) to furnish GRANTOR with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. This provision applies as to GRANTOR only and does not, nor shall be construed to, create in CITY any duty or obligation in connection with the subject matter hereof. 9. SUCCESSORS: This Agreement shall be binding on_and shall inure to the benefit of the parties hereto and their respective successors, heirs, assigns and transferees. 10. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assigns, any rights. or remedies hereunder. 11. PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 12. NON-LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No official, employee or agent of CITY shall be personally liable to Grantor or its successors in interest in the event of any default or breach by CITY or for any amount which may become due to Grantor or its successors in intere"st pursuant to this Agreement. 13. NOTIFICATION TO SUCCESSORS: In the event GRANTOR sells, conveys, or assigns any property interests encumbered by this Agreement, GRANTOR shall notify the 8 successor or assignee of the rights and obligations of `both parties as included herein. 14. SURVIVAL OF AGREEMENT:: This Agreement, including all representations, warranties, covenants, agreements, releases and other obligations contained herein shall survive the closing of this transaction and the recordation of the Grant. of Easements or deeds. 15. ENTIRE AGREEMENT: The PARTIES have herein set forth the whole of their agreement. .The performance of this Agreement constitutes the entire consideration for said Grant of Easements or deed(s) and shall relieve CITY of any further obligation to GRANTOR therefor. 16. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect without being: impaired or invalidated in any way. 17. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18. AUTHORITY AND EXECUTION: Each person executing this Agreement on behalf of a party represents and warrants-that such person is dulyand 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 the full right and authority to enter into this Agreement and perform all of its' obligation hereunder: 19 CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall riot be considered nor referred to in resolving questions of interpretation. 20. REQUIRED ACTIONS: Each party agrees to execute such instruments and documents and to undertake such actions. as may be reasonably required in order to consummate the purchase and sale contemplated by this Agreement. 21. COUNTERPARTS: This Agreement may be executed in multiple counterparts each of which shall be deemed an original but all of which,. together shall constitute one and same document. 22. AMENDMENT: This Agreement shall not be modified or amended except by an instrument in writing executed by each of the parties hereto. GRANTOR: Dated`. `~( -` ~ Cam''"( MacPhail Properties, Inc. ~i ~~ By:.~ By [ATTACH NOTARIAL ACKNOWLEDGMENT] 9 CITY OF PETALIJflAA: Dated: John Brown City Manager [ATTACH .NOTARIAL ACKNOWLEDGMENT] ATTEST: City Clerk APPROVED AS TO FORM: Eric W. Danly City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Administrative Services Director izss~i7.2 ~. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF rn~,r ~ •.•L, ) Vv On ~, ~ i ~ o o, , 200 before me~ r>~+- ~ ~ -<ti , Notary Public, personally ap earep d ~ c~ ~aC: ,who 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 executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or entity on behalf of which the person. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. OE9RA A. BURGER Coulon ~ 11145260 Notuy Publk • CWfornla R98fifl Coles Notary Public ~ Comm. t 2013 .EXHIBIT ONE PUBLIC SIDEWALK EASEMENT __ _ - i~ EXHlBtT "A" PU9L1C SfDEYVALK EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OFMAC PHAIL PROPERTIES; INC., A CALIFORNIA CORPORATION AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 20D5-044b7D, ALSO BEING A PORTION OF THE LANDS AS 5HOWN ON THAT CERTAIN RECORD OF SURVEY, FILED IN~BOOK 640 OF MAPS AT PAGE 32 50NDMA COUNTY RECORDS; AND MARE PARTTCULARLYDESCRIBED AS FOLLOWS: BEING ALL THAT LAND ADJQWING AND LYING FIVE FEET W ESTERLY OF THE FOLLOWING DESCRIBED CURVE: BEGINN/NG AT THE 50U'fl-iWEST CORNER OF GAULFIELD LANE EXTENSION RIQHT DF WAY, A5 DESCRIBED BY F~ISEMENT GRANT DEED RECORDED UNDER DOCUMENTNUMBERi2005-174172, SONOMA COUNTY RECORDS, SAID POINT AC50 BEINO~ ON-THE 50UTHERLY LINEOF THE LANDS QF MAC PHAIL PROPERTIES, INC. A5 SHOWN,ON SAID AECOFQ OF SURVEY, SAID POINT ALSO BEING ON THE NORTHERLY LINE OFTHE LANDS OF 50N~MA-MARIN AREA RAIL.TRAN3IT, AS REGORDED UNDER DOCUMENT NUMBER 2004-428629, 80NOMA GOUNTY RECQA~S, THENCE.NORTHERLYRLONG THE WESTERLY LINE OF SAID LANE ALONG A CURVE CONCAVE WESTEFlLY,.WHOSE CENTER BEARS NORTH 77°21'2D"'WEST; HAVING A RADIUS OF 189.40 FEET; THENCE ALONG SAID CURVE 12.D0 FEET, THROUGH A CENTRAL ANGLE OF 3°38'16". CONTAINING 6D 6QUARE FEET, MORE 0R LESS. TOG.kTHEA UYmiANON-EXCIUSIVETEMPORARYCONSTRUCTION EASEME=NT`LYING 10 FEET WESTERLY AND NORTHERLY OF THE HEREIN DESCRIBED PUDLIC SIDEWALK EASEMENT. SAID TEMPORARY CONSTRUCTION EASEMENT 5HALL TERMINATE UPON THE OPENING OF THE CAULFIELD LANE RAILROAD CROSSING FOR PUBLIC USE. BASIS OF BEARING OF THIS DESCRIPTION -6 THE ABOVE MENTIONED RECORD OF SURVEY. GJ FiARMINA,"III, P.LS. 7950 EXPIRATION DATE 1?J31lD9 DATE STEVEiV J. LAFRANCH! & ASSOCIATES, INC. CIVIL ENGINEERS.-LAND SURVEYORS -LAND PLANNERS RETALUMA MARINA BUSINES$'CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 7D7 762-3122 FAX 7D7-762-3238 anzo~in~-M•sw6.do~ EXHIBIT ONE PAGE 10F 2 ~3 EXHIBIT"B" PlJ6LIC S1DEV1/ALI~ EAS_EfULENT 5EE EXHIBIT "A" FOR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY ~__ _ r _ - r J I a J J TEdtaORARYO.~. EAS~~TRUCnoN , I ~~ ~, R r J t MacPHA1L PROPERTfES, INC. ~ DN 2005-049670 J J 0 by l~ N~,~~iN 11 ~ ¢ ~~ N ~, z u ow Zd U V1 Cats/fie/d Lane DN 2005-174172 S.M,A.R.T.. ~'-~~ DN 2004-028629 Rl MAP. REFERENCE `6Q0 MAPS 32, SCR POB POINT OF BEGINNING (R) RADIAL HEARING STEVEN J. LAI=RANCHI & ASSOCIATES, INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 94954 707-762-3122 FAX 707-762.3238 2iU0851V~ Gty aRCaulRmtl of Grada X'nglDwglLegoi DesolpUOn1W 12DiLDFJFN•SWEdwp EXHIBIT ONE PAGE 2 OF 2 i~ EXHIBIT TVV® PUBLIC UTILITY EASEMENT ~s EXHIBIT "A" PUBLIC.'UTILIT'Y EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF MAC PHAIL- PROPERTIES, INC., A CALIFORNIA CORPORATION AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBEB:2005=044870, ALSO BEING A PORTION OF THE 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 A5 FOLLOWS: PARCEL A COMMENCINGAT A FOUND ONE-HALF INCH IRON PIPE, TAGGED LS 4419, MARKING THE NORTHWEST CORNER OF SAID LANDS, SAID- POINT ALSO BEING ON THE SOUTHERLY LINE OF LAKEVILLE STREET, THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 86°32'00 EAST, 198.38 FEET; THENCE SOUTH 03'25'00" WEST,.0.83 FEET70 THE POINT OF BEGINNING; 'THENCE CONTINUING ALONG SAID LINE SOUTH 03°28'00"'EAST, 5:D0 FEETTO A POINT LYINGS FEET SOUTHERLY OFTHE MOST'WESTERLY CORNER OF THE CAULFIELD LANE EXTENSION RIGHT OF WAY, AS DESCRBED IN THAT EASEMENT GRANT DEED RECORDED UNDER DOCUMENT NUMBER 2005 1 741 72;.SONOMA COUNTY RECORDS, SAID POINT ALSO BEING THE BEGINNING OF ANON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 33.00 FEET; THENCE SOUTHEASTERLY, PARALLEL AND CONCENTRIC WITH THE WESTEFitY LINE OF GAULFlELD LANE THE FOLLOWING 51X COURSES: ALONG SAID-0URVE 49.52 FEET, THROUGH A CENTRAL ANGLE OF 85°58'29°; SOUTH 00°2703" EAST,'81.75 FEET; 50UTH 05°D2'07" EAST, 50.16 FEET; SOUTH 00°2703" EAST, 47.78 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS'OF 266.00 FEET; ALONG SAID CURVE 144.71 FEET, THROUGH A CENTRAL ANGLE OF 31°10'09" TO THE. BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 184.OO,fEET; ALONG SAID'CURVE 142.15 FEET, THROUGH:A CENTRAL ANGLE OF 44°15'52" TO A POINT ON THE SOUTHERLY LINE:OF SAID LANDS, SAID LINE ALSO BEING`THE NORTHERLY LINE OF THE SONOMA-MAR1N AREA RAIL TRANSIT LANDS, AS RECORDED UNDER DOCUMENT NUMBER 2004.028629, SONOMA COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE+SOUTH 77°21'20" EAST, 5.00 FEET TO THE SOUTHEAST CORNER OF SAID CAULFIELD LANE EXTENSION; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID STREET ALONG A CURVE CONCAVE WESTERLY, WHOSE CENTER BEARS NORTH 77°21'20" W,,EST, HAVING A RADIUS OF :189.00 FEET; THENCE ALONG SAID CURVE 146.01 FEET, THROUGH A CENTRAL ANGLE OF 44°15'52" TO THE;BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 261:04 FEET; THENCE ALONG SAID CURVE 141.99 FEET, THROUGH A CENTRAL ANGLE OF 31°10'09"; THENCE NORTH 00°2703" WEST, 47.98 FEET; THENCE NORTH 05°02'07" WEST, 50.16 FEET; THENCE NORTH 00°2T03"WEST, 61.55'FEET TO'THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 38.00 FEET; THENCE ALONG SAID CURVE 57.03 FEET, THROUGH A CENTRAL ANGLE OF 85°59'20" TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF THE EXISTING BUILDING LYING WITHIN PARCEL A. CONTAINING 2;502 SOUARE FEET, MORE OR LESS. TOGETf1ER W/THAHON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT LYING 10 FEET WESTERLY OF THE HEREIN DESCRIBED PARCEL A EASEMENT. SAID TEMPORARY CONSTRUCTION EASEMENT SHALL . TERMINATE UPON THE OPENING OF THE CAULFIELD LANE RAILROAD CROSSING FOR PUBLIC USE. PARCEL B BEING ALL THAT LAND ADJOINING AND LYING FIVE FEET EASTERLY OF THE FOLLOWING DESCRIBED CURVE: BEGINNING AT THE SOUTHEAST CORNER OF CAULFIELD LANEEXTENSION RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRANT DEED RECORDED UNDER DOCUMENT'NUMBER 2005-174172, SONOMA COUNTY RECORDS,.SAID POINT AL50 BEING`ON THE 50UTHERLY LINE OF THE LANDS OF MAC PHAIL PROPERTIES, INC. AS SHOW N ON SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF THE STEVEN J. LAFRANCHI & ASSOCIATES INC. CIVIL ENGINEERS -LAND SURVEYORS -LAND PLANNERS PETALUMA MARINABUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707-762122 FAX 707-762-3298 onzo~wa-u•ruea.do~ EXHIBIT TWO PAGE 1 OF 3 I~ LANDS OF SONOMA-MARIN AREA RAILTRANSIT, AS RECORDED UNDER DOCUMENT-NUMBER 2004-028629, SONOMA COUNTY RECORDS, THENCE ALONG THE EASTERLY CURVE OF SAID LANE`WNOSE CENTER BEARS NORTH Z7"21'20" WEST, HAVING A RADIUSOF261:00 FEET, A DISTANCE OF 4S:OO FEET; THROUGH A CENTRAL ANGLE OF 9°52'43". CONTAINING 272 SQUARE FEET, MORE OR LESS. TOGETHER WITH ANON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT LYING 10 FEET EASTERLY OF THE HEREIN'DESCRIBED PARCEL 8 EASEMENT. SAID TEMPORARY CONSTRUCTION:EASEMENT SHALL TERMINATE UPON THE OPENING OF THE CAULFIELD LANE RAILROAD CROSSING FOR PUBLIC USE. BASIS OF BEARING OF THESE DESCRIPTIONS 15 THE ABOVE MENTIONED RECORD OF SURVEY. J H A,111, PLS EXPI TION DATE 12/31/08 ~~~vsr ~I, ?-~9 DATE STEVEN J. LAFRANCHI & ASSOCIATES, IfVC. CIVIL ENGINEERS -LAND SURVEYORS ~ LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETAIUMA, CA 94954 TEL 707-762-3122 FAX 707-762-3239 DT12D1LD4-M~Pl1E4.doc EXHIBIT TWO PAGE20F3 EXHIBIT "B" PUBLIC UTILITY EASEMENT SEE EXHIBIT "A" FOR LEGAL QESCRIPTION FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY Poc S 8632'00" E P09 PARCEL A 10~ TEMPORARY V CONSTRUCTION EASEMENi~ MacPHAIL PROPERTIES, DN 2005-D44870 ~L aka v~~~ fie e t ~h Vn ~~ t+o 1\N ~~ v ~` COUR ATA oN z ~~"~ 2s -~~ I~- - _:-__,~ S 03'28'00" W 0.83' - - z s o3.2s'oo" w 5.oa' .7 R=33.00 x$5'58'29" L=49.52 4 S 00'27'03" E 61, 75' 5 S 05'02'07" E 50.16' 6 S 00'27'03" E 47.78' 7 S 77'21'20" E 5.00' e N 00'27'03" W 47.98' 9 N 05'02'07" W 50.16' !O N 00'27,03" W fi1.55' 77 R~3800' A-='85'59'20" L=57.03' r2 Ra261.00' a=09'52'43" L=45.00' lF Q 5';VYIDE PUBLIC UTILITY EASEMENT, SEE LEGAL DESCRIPTION PARCEL A © 5' WIDE PUBLIC UTILITY EASEMENT, SEE LEGAL DESCRIPTION PARCEL B ^'~I h' AO rt 5' 7 72 ~--10' "TEMPORARY CONSTRUCTION EASEMENT P08 PARCEL B ® FOUNO 1 /2" IRON PIPE, L5 4419 R1 MAP REFERENCE 600 MAPS 32, 5CR POB POINT OF BEGINNING POC POINT OF COMMENCEMENT (R} RADIAL BEARING _, _ STEVEN J. LAFRANCOiI ~ ASSOCIATES, lNC. ~ CML'ENGINEERS;- LAND. SURVEYORS- LAND PLANNERS ' PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 3'12 PETALUMA, CALIFORNIA 94934 707-7823122 FAX 707-Tfi21239 J:1PlT City ol-Caulfield al Glade X'nglLTvglLegal DescdptbnW7120T1DIX-M-PUE.dwg ~~~ r~o_.71~0 x.12-81• / EXHIBIT TWO PAGE30F3 a~ ~, EXHIEIT THREE RAILROAD SIGNAL EQUIPMENT EASEMENT AND PUELIC UTILITY EASEMENT F®R R~4ILROA®SIGNAL l9 EXHIBIT'"A" RAILROAD SIGNAL EQUIPMENT EASEMENT SITUATE,IN THE CITY OF PETALUMA, COUNTY OF.SONOMA, STATE OF CALIFORNIA. BEING A PORTIONbFTHE.LANDS''OF MAGPHAILPROPERTIES,;INC., A CALIFORNIA,CORPORATION AS DESCRIBED BY DEED RECORDED. UN(1ER:D000MEM` NUPJIBER 2005-044670; ALS0.8EING A PORTION OF THE LANDS.AS'SHOWN ON'THA7 CERTAIN RECORD=~F'SURVEY, FILED OCTOBER 26, 1999 INBOOK 600 OF MAPS ATPAGE 32, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CQMMENCINGAT THE SOUTHEAST CORNER OF CAULFIELD LANE EXTENSION'RIGHT OFWAY, A5 DESCRIBED IN THAT EASEMENT GRANT DEED RECORDED UNDER DOCUMENT NUMBER:20U5-174172;'SONOMA COUNTY RECORDS, SQ10'PO1NT ALSOBEING<ON THE $OUTHERLY'LINE OF'THE~LANOS OFMAC PHAIL PROPERTIES, INC. AS SHOWN,ON SAID RECORD,OF SURVEY, SAID'PDINT ALSO BEING'~ON THE NORTHERLY LINE OF THE LANDS OF SdNOMA-MARIN AREA RAIL TRANSIT, AS.RECORQED UNDER DOCUMENT NUMBER 20D4.028629, SONOMA COUNTY RECORDS,,.THENCE'NORTHERLY ALONG THE EASTERLY CURVE'OF SAID LANE WHOSE CENTER BEARS NORTH 77°21'20"'WEST, HAVING A RADIUS OF~261.00 FEET„A.DISTANCE~OF-28.23 FEET, THROUGH A CENTRAL ANGLEOF 6°11'47"; THENCE LEAVINGSAID CURVE ALONG THE PROLDNGATION OF THE RADIALtINE SOUTH 83°33'07" EAST,-5.00 FEET TOTHE'POJNTOF'BEGINNING; THENCE EASTERLY AND PARALLEL TO SAID NORTI-IERLY L[NE OFTHE LANDS OF SONOMA-MARIN AREA RAIL TRANSIT, SOUTH 77°21'20° EAST, 11.54 FEET; THENCE AT A RIGHT ANCiLEsNORTH 12'°S8`40" EAST, 20.00 FEET; THENCE AT A RIGHT ANGLE NORTH 77°21'20"WEST, 14.48 FEET TO A POINT.LYING.5.OO FEET EASTERLY OF AND ALONG THE PROLONGATION OF THE<RADIAL LINE NORTH 87°54'26°'EAST EROM THE EASTERLY RIGHT OF WAY OF SAID LANE; THENCE SOUTHERLY ALONG A CONCENTRIC.CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 286.00 FEET, A DISTANCE OF 20.22 FEET, THROUGH A CENTRAL ANGLE OF 4°2i'20° TO THE POINT OF BEGlNNING_ CONTAINING 258 SQUARE FEET, MORE OR LESS. TOGETHER WLTHANON-EXCLUSIVE TEMPORARYCONSTRUCTION EASEMENT LYING B FEETOUTSIDE OF THE HEREIN DESCRIBED EA5EMENT. SAID TEMPORARY CONSTRUGTION~EASEMENT SHALL TERMINATE UPON THE OPENING OF TWE CAULFIELD LANE RAILROAD CROSSING FOR PUBLIC USE. BASIS OF BEARING OF THIS DESCRIPTION I$ THE ABOVE MENTIONEDRECORD OF SURVEY. G? ~- ^ --~ J HA~~~~11t Iii, P:L.S. 7950 EXPIFi~(TION DATE 12/31/09 PIO.7950 ®(P. 12-31~~ J~ ~~ ~ q DATE .'""` ~-- EXHIBIT TkREE PAGE 10F 4 ~~. EXF9IBIT "B°° . fLR~:A® SlC~'IV,~L. EQlJLPME~`T EA~'EMENT SEE EXHIBIT "A" FOR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION AND fNFORMATIVE PURPOSES ONLY Cau/~/e/d Lane DN 20D5-174172 a 0 0 ~: Ll R1 ~3dJa13lC 'MAP REFERENCE 6QO MAPg 32, SCR POB POINT OF BEGINNING POC POINT OF COMKAENGEMENT (R) RADIA!_ BEARING 1 __ '~~ -~ Q -~ m 5.00' ` ~ N ~ ~ I NIC r ~}~ ,w~ l NI , -~Ig ~ ~' O ,/ ~~ti , 5,00' a j w (R)' 5772, 7-~2p ~~ ~ ~rw POB 11:54' ~'Q w _ ~r 0 o I ~~J MacPHAIL PROPER'PIES,,,IMC. DN 2005-.04+187D S.fVI.A.R.T. DN 20D4-028629 ~C. GIVSL E~NG 1~lEERS~ LAND SUR EYORS -~~LAND FL.AtdNERS PETALUMA MARINIA,BU81NE38'CENTER 7T5 BAYWDOD.DRIVE, SIJIT'E 312 PETALUMA, CALIFORNIA 94954 707-762=3722 FAX 707 762239 J:1PET_City o6CeulIIeld el Grade X'nglDwg\Legal Desertptlnntt)712D1LDDC-M-SIGNAL-V3.dwg EXHIBIT TI~REE PAGE20F4 ~~ EXHIBIT "A" PUBLIC UTILITY EASEMENT SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS OF=MAC PHAIL'PROPERTIES, INC., A CALIFORNIA CORPORATION AS DESCRIBED BY DEED RECQRDED UNDER DOCUMENTNUMBER'2005-044670, AL$O BEING A PORTION OF THE LANDS A5 SHOWN ON THAT CERTAIN REGQRp QF SURVEY,;FILED OCTOBER 26, 1999 IN BOOK 600 OF MAPS AT PAGE 32,'SONOMA COUNTY RECORDS, AND MORE PARTICULARLY ALL THAT LAND ADJOINING AND LYING FIVE FEET EASTERLY OFTHE FOLLOWING DESGRIBED.CURVE: BEG/NNING'AT THE SOUTHEAST CORNER;OF CAULFIELD LANE EXTENSION RIGHT OF WAY, AS DESCRIBED IN THAT EASEMENT GRANT DEED RECQRDED'UNDER.D000MENTHUMBER 2005-174172, SONOMA COUNTY RECORDS,. SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THE LANDS OF MAC PHAIL PROPERTIES, INC. AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT ALSO BEING'ON THE.NORTHERLY LINE OF THE LANDS-0F SONOMA-MARIN AREA RAIL TRANSIT, A5 RECORpED UNDER DOCUMENT NUMBER 2004-028629; SONOMA COUNTYRECOR.DS, THENCEACONG THE EASTERLY CURVE OF SAID LANE WHOSE CENTER BEARS NORTH 77°21'20" WEST, HAVING A RAOIUS'OF 261.00 FEET, A DISTANCE OF45.OO 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. ~` , t HA A, RI, P.LS. 7950 EXPI ION DATE 12/31!09 ...1 vNC ~ 5', Zd~ 5 DATE T-- EXHIBIT THREE PAGE 3 OF 4 EXHIBIT "'B" U~3LlC lJ'TILI EASE wT SEE EXHIBIT "A" FOR LEGAL DESCRIPTION FOR GRAPHIC ILLUSTRATION ANO INFORMATIVE PURPOSES ONLY ~~°Z~28 J~EN~ ', R1 MAP REFERENCE 600 MAPS '32, SCR POB POINT OF BEGINNING (R) RADIAL BEARING STEVEN J. LAFRANCFI6 & ASSOCIATES, INC. CIVIL ENGINEERS. -'tAND'SURVEYORS -LAND PLANNERS PETALUMA.MARINA BUSINESS CENTER 775 BAYWOOD'DRIVE,,SUITE 312 PETALUMA, CALIFORNIA 84954 EXHIBIT THREE Z07-762-3'122 FAX 707-762239 J:1PET Clty of-CaulfiaM of Grade XfiBlDwglLegel Description10Tf201LDIX-M-PUE2.dwg PAGE 4 OF 4 ~3