RESOLUTION NO

Transcription

1 RESOLUTON NO A RESOLUTON OF THE CTY COUNCL OF THE CTY OF ELK GROVE DECLARNG THE NECESSTY AND AUTHORZNG THE COMMENCEMENT OF EMNENT DOMAN PROCEEDNGS TO SECURE REAL PROPERTY NTERESTS FOR THE MPROVEMENT OF ELK GROVE BOULEVARD AND TO MEET THE GOALS OF THE OLD TOWN DSTRCT MASTER PLAN WHEREAS, improving Elk Grove Boulevard holds a high priority in the City of Elk Grove Transportation mprovement Program ("Project") and acquiring the necessary right of way and real property interests is an important step in meeting the goals set forth in the Master Plan for the Old Town District; and WHEREAS, as a part of said Project, it is necessary to acquire certain real property interests ("Property") for the construction, operation and maintenance of a right of way, and related improvements on Elk Grove Boulevard between Walnut Avenue and School Street; and WHEREAS, the City of Elk Grove has investigated and examined alternatives to the Project and the acquisition of the Property, and concluded that both the Project and acquisition of the Property for the Project are necessary; and WHEREAS, the Property, which is the subject of this Resolution of Necessity consists of eleven parcels as listed in the attached table marked Exhibit 1. A description of each of the property interests to be acquired is attached to Exhibit 1 and incorporated herein; and WHEREAS, the Property is located entirely within the municipal boundaries of the City of Elk Grove; and WHEREAS, the City of Elk Grove has complied with the requirements of the California Environmental Quality Act, Public Resources Code section 21000, et seq., in regards to acquisition of the Properties based upon the City of Elk Grove's adoption of a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program adopted by City Council on October 1, 2003; and WHEREAS, the City of Elk Grove has complied with the requirements of Government Code section , in regards to acquisition of the Property by making an offer to purchase to the known owner(s) of record; and WHEREAS, as a result of the hearing held on January 5, 2005, and in accordance with the provisions of Code of Civil Procedure section , the City Council of the City of Elk Grove intends to make certain findings and determinations. NOW, THEREFORE, be it resolved by the City Council of the City of Elk Grove as follows:

2 1. The recitals contained herein are true and correct; 2. Upon examination of the alternatives, the City of Elk Grove requires the Property for the Project; 3. The City of Elk Grove is authorized to acquire the Property pursuant to the provisions of Government Code section and the provisions of the Eminent Domain Law comprising Title 7, Part 3 of the Code of Civil Procedure (commencing at section ); 4. Acquisition of the Property for Project purposes promotes public safety and the general welfare, is authorized by Government Code section , and is therefore a public use. 5. The City of Elk Grove hereby finds, determines and dedares: a. The public interest and necessity require the proposed Project; b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Each of the property interests described and depicted in Exhibit 1 is necessary for the purposes of construction, operation and maintenance of the proposed Project; and d. Prior to making the above findings and determinations, the offer required by section of the Government Code was made to the owner(s) of record of the property interests described and depicted in Exhibit 1. e. The subject property is being acquired for compatible use under Code of Civil Procedure section in that the City of Elk Grove's use of the subject property will not interfere with or impair the continued public use as it now exists or may reasonably be expected to exist in the future, or, in the alternative, for a more necessary public use under Code of Civil Procedure section in that the City's use of the subject property is a more necessary public use than the use to which the subject property is appropriated. 6. The City Attorney is hereby authorized and directed to prepare, commence and prosecute proceedings in eminent domain in the appropriate court to acquire for the City of Elk Grove the property interests described and depicted in Exhibit 1. The City Attorney is further authorized to take all steps necessary to obtain such orders for immediate possession of the property interests as may be required for the Project. 2

3 APPROVED, PASSED AND ADOPTED by the City Council of the City of Elk Grove on this s" day of January DANEL BRGGS, MAYOR of the CTY OF ELK GROVE ATTEST: AN Y B. MANZANETr, CTY ATORNEY 3

4 EXHBT "1" LOT FEE SZE TAKE ROW PS&PE ACCESS APN OWNER (SF) (SF) (SF) (SF) 1 (SF) TCE Cava & Faulkner, Attorneys at Law 5, ,716 1, Gus and Michael Prevolos 13, ,000 1, Braulio Torres 3, Jacqueline Andersen 18, ,813 2, , Paschal Lamb, LLC 32, ,040 1, , Russell Lewis 18, ,160 1, , Jacqueline Andersen 6, , Shier Chen 10, ,660 1, SBE Union Pacific Railroad N/A 0 6,452 4, , , 020 Schauer Family Trust 19, ,000 1, Wendell Ber1<e 18,530 8,416 2, ,381 a TOTAL 4

5 L.. EXHBT A Parcel 1-Right of Way Easement A25 foot wide strip fland located in a portionofparcel One andparcel Three ofthe GrantDeed 'descri1red"in Document fficial Records of Sacramento' Countylso being.e_rq.rtioll.qf.lqt lfjh.ji L l{ilt'@tfj!liq...:bs'9_k Qf /ap.age 36 Sacramento County Records, in the City of Elk Grove, County of Sacramento, State of California; the-northerly- sideline ofwhich 'is described as follows:'. Commeneing-at-theNorth quarter-corner of-section-s, Township 6.North r Range.6 East, MountDiabloBaseand Meridianas shown on that certain reoj"d.. of survey filed in Book-lcle... of Surveys, Page 2\(/ Sacramento County Records.thence along the. -centerline ofelk Grove Boulevard South 89 g 27' 24" West feet to the intersection with a line extending from the northeasterly corner of said Grant Deed that is perpendicularto said centerline, said intersection being the EONT OF BEGNNWG for thehereirrdescribed strip. thence from said'point ofbeginning along said centerline South'89 D 27' 24" West feet to the intersection with the easterly right of way ofthe Union'Pacific Railroad, said easterly right ofway also being the northerly prolongation of the.westerly.line.of.said Lot 1, said intersection to be.hereinafter referred.to as E.ONT A, said intersection being the PONT OF TERMNATON for the herein described strip. The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the.: :;' property line ofthe grantor herein and the railroad right ofway. Parcel 2 - Public Service and Pedestrian Easement An 18 foot wide strip of land located in a portion ofparcel One and Parcel Three ofthe Grant Deed described in Document Official Records of Sacramento County, also being a portion oflot 1 of the B.S. Hill Tract filed in Book 1 ofmaps, Page 30 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State of California, the' northerly sideline ofwhich is the southerly sideline ofthe hereinabove described Right ofway Easement. The southerly sideline ofsaid strip shall run along the northerly face of the existing building. The sidelines of said strip shall be shortened or lengthened to begin and end on the property line ofthe wantor herein and the railroad right ofway. -r-,,... ojects\ \reports\survey\row and PS Easements\ doc

6 ,..' 01;.., Parcel 3 - Temporary Construction Easement Commencing at apoint hereinbefore referred to as PONT A.; thence coincident with the estrlr_!i!;lofsaldlot 1, said westerly line _BO being tho eastefly right ofway ofthe _. - UniOnPctfi'c-ilr(Jad;-S-ou,th-l'6-40L4'1 East-4476-feet-tothe-:PQN:r-QF _- --B.oqj'g",tbJr,ej;q,j,?LC,,!i:fucJ!2f!!_.<l!,K,:!?_!E.. leaving-said easterly right of way North ' 24" East feet tothe northwest ' :corner7ofiihjexistiii.g:bui1aifutth:efrce'a:lonthe:we'sterjr-'face:-ofscijd:building--south.-:::oo Q _.'.1_1'-Bt-19OO:,feet;tbec-leav.!!!,g,si:yvterly.. building.face.soj.lth.:.89..:' xr e_, _,-WesL12;l.6..fecUQ.sajd.eas.Jr1yrigbtof.YJh!!Q..Q.cideiit mfusaid-easrenyrfglilof' -. wino.rth ' 41" West feet to the Point ofbeginiliig:-' '------, -_ _ _._ _ Exhibit B is attch(l herewith and made aparthereof ft;i.=presd.th:atoers4pof t._ugdid.gp.arq1-xtj1clj _tlj_(jritrj.41of'elk GtQ:"l,Boulevard, and, thatthe; easterlysideline ofsaid underlying parcel is perpendicular to the centerline ofelk Grove Boulevard. Basis ofbearings The Basis ofbearings for the herein described land is the centerline ofelk Grove Boulevard, which bears North 89 27' 24" East as shown on that certain Record of Survey filed in Book \0 lo ofsurveys Page 2..lo Sacramento County Records. End ofdescription Gary T. Leonard, PLS 5303 Carter & Burgess, nc License Expires Date: P:\Projects\ \Reports\Survey\ROW and PS Easements\ doc

7 Cava & Faulkner, Attorneys at Law APN Parcel-l - Description for Public Right of Way Easement A public right ofway easement, on, over, and under Property legally described in Parcel of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of public use, construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenance ofpublic-right-of-ways, highways, roadways, pedestrian walkways, parking, services, landscaping, utilities, waterlines, and necessary appurtenant structures. This Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such use does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use of the easement shall in no way or manner diminish the City ofelk Grove's rights under this grant. Parcel-2 - Description for Public Service and Pedestrian Easement A Public Service and Pedestrian Easement, on, over, and under Property, legally described as Parcel 2 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of the construction, installation, improvement and maintenance of pedestrian walkways, together with any appurtenances pertaining thereto, and the installation and maintenance of landscaping, including but not limited to, trees, plants, planters, irrigation pipelines, drainage pipes, and their appurtenances. The Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use of the easement shall in no way or manner diminish the City of Elk Grove's rights under this grant. Parcel- 3 - Description for Temporary Construction Easement A Temporary Construction Easement, on, over, and under Property, legally described in Parcel 3 of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of construction related to the Project. This easement shall terminate upon completion of the construction of the Project or February 28,2007, whichever is earlier. This Easement is in gross and is non-exclusive. The property owner reserves the right to use land so long as such use does not unreasonably interfere with the use of the Easement by the City of Elk Grove. Non-use of the easement shall in no way or manner diminish the City ofelk Grove's rights under this gran

8 ,,' E.XHBT SCALE:' 1"=30' B r [f) ra '- _- _...:' -- ELK--GROVE- --B-bVD - ---p-os : n;LBt"L...., _c.:_39o.q: T---- \ --- -,, 'RoW CB';:e- _ --- '-P_Q- - W L 252,77' PS&PE --u ::,-""" tr: -._ L2 '-- 1B' PS&PE -GRANT--DEf::D DOC. \ " >::;1> \ PORTON OF LOT 1 H.S. HLL \ \ TRACT \ \ 1 BM 30 \ \ EXSTNG ROADWAY EASEMENT PER GRANT DEED DOC LEGEND poc POB POT ROW. "}&PE ;.:E NORTH 1/4 CORNER SEC. 6, T 6 N. R 6 E, MT. DABLO B&M PONT OF COMMENCEMENT PONT OF BEGNNNG PONT OF TERMNATON RGHT OF WAY PUBLC SERVCE & PEDESTRAN EASEMENT TEMPORARY CONSTRUCTON EASEMENT CENTERLNE L1 L2 L3 L4 N89'27'24"E 15.0B' 500'22'14-"E 10.00' S89'27'24"W 12.16' N16'40'41"W 10.41' Dwe : P: \Projecls\333148,O\zDrowings\5\ PLAT5 AND LEGALS\dwg\SE EXHBT PLATS DRAWN B\': CPR CHECKED B,(: DATE: TAB: Carter::Burge 55

9 0Lt-5 JchY\. Vre.vo 1o!) -!itc)1f;v{vl. fy}. (J{f.,v%S EXHBT A Parcell - Right of Way Easement A 25 foot wide strip of land located in a portion of the Grant Deed described in Book , Page 1179 Official Records of Sacramento County, also being a portion oflot 2 and Lot 3 of the B.S. Hill Tract filed in Book 1 of Maps, Page 30 Sacramento County Records, in the City of Elk Grove, County ofsacramento, State of California, the northerly sideline of which is described as follows: Commencing at the North quarter corner of Section 6, Township 6 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record of survey" filed in Book of Surveys, Page '7 Co Sacramento County Records; thence along the centerline ofelk Grove Boulevard South 89 27' 24" West feet to the intersection with a line extending from the northeasterly comer of said Lot 3 that is perpendicular to said centerline, said intersection being the POf1\TT OF BEGNNNG for the herein described strip; thence from said Point ofbeginning along said centerline South 89,27' 24" West feet to the intersection with a line extending from the northwesterly comer of said Grant Deed that is perpendicular to said centerline, said point of intersection to be hereinafter referred to as PONT "A", said intersection being the PONT OF TERMNATON for the herein described strip. The sidelines of said strip shall be shortened or lengthened to begin and end on the property line of the grantor herein. Parcel 2 - Public Service and Pedestrian Easement A 17.S foot wide strip of land located in a portion of the Grant Deed described in Book , Page 1179 Official Records of Sacramento County, also being a portion oflot 2 and Lot 3 ofthe B.S. Hill Tract filed in Book 1 of Maps, Page 30 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State of California, the northerly sideline of which is the southerly sideline of the hereinabove described Right of Way Easement. The southerly sideline ofsaid strip shall run along the northerly face ofthe existing building, The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line of the grantor herein. P:\Projects\ \Reports\Survey\ROW and PS Easernents\ doc

10 Parcel 3 - Temporary Construction Easement A parcel ofland located in a portion of the Grant Deed described in Book Page 1179 Official Records of Sacramento County, also being a portion oflot 2 and Lot 3 of the H.S. Hill Tract filed in Book 1 of Maps, Page 30 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State of California, more particularly described as follows: Commencing at a point hereinabove referred to as PONT "A"; thence along a line that is perpendicular to the centerline of Elk Grove Boulevard extending from the northwesterly comer ofsaid Grant Deed South 00 32' 36" East feet to the northwesterly comer of said Grant Deed; thence coincident with the westerly line of said Grant Deed South 00 32' 36" East 1.00 foot to the PONT OF BEGNNNG for the herein described parcel; thence from said Point ofbeginning and leaving said westerly line North 89 27' 24" East feet to the northwesterly comer ofan existing building; thence along the westerly face of said building South ' 26" East feet; thence leaving said westerly face South 89 27' 24" West feet to the westerly line of said Grant Deed; thence coincident with said westerly line North ' 36" West feet to the Point of Beginning. Exhibit B is attached herewith and made a part hereof. t is presumed that ownership ofthe underlying parcel extends to the centerline ofelk Grove Boulevard, and that the sidelines of said underlying parcel are perpendicular to the centerline ofelk Grove Boulevard. Basis of Bearings The Basis ofbearings for the herein described land is the centerline ofelk Grove Boulevard, which bears North 89 27' 24" East as shown on that certain Record of Survey filed in Book \Plo, of Surveys Page Sacramento County Records. End of Description Gary T. Leonard, PLS 5303 Carter & Burgess, nc License Expires Date: P:\Projects\ \Reports\Survey\ROW and PS Easements\] doc

11 Gus and Michael Prevolos APN Parcel-l - Description for Public Right of Way Easement A public right of way easement, on, over, and under Property legally described in Parcel of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of public use, construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenance of public- right-of-ways, highways, roadways, pedestrian walkways, parking, services, landscaping, utilities, waterlines, and necessary appurtenant structures. This Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such use does not unreasonably interfere with the use ofthe Easement by the City ofelk Grove. Non-use ofthe easement shall in no way or manner diminish the City ofelk Grove's rights under this grant. Parcel-2 - Description for Public Service and Pedestrian Easement A Public Service and Pedestrian Easement, on, over, and under Property, legally described as Parcel 2 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of the construction, installation, improvement and maintenance of pedestrian walkways, together with any appurtenances pertaining thereto, and the installation and maintenance of landscaping, including but not limited to, trees, plants, planters, irrigation pipelines, drainage pipes, and their appurtenances. The Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use of the easement shall in no way or manner diminish the City of Elk Grove's rights under this grant. Parcel- 3 - Description for Temporary Construction Easement A Temporary Construction Easement, on, over, and under Property, legally described in Parcel 3 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of construction related to the Project. This easement shall terminate upon completion of the construction ofthe Project or February 28, 2007, whichever is earlier. This Easement is in gross and is non-exclusive. The property owner reserves the right to use land so long as such use does not unreasonably interfere with the use ofthe Easement by the City ofelk Grove. Non-use of the easement shall in no way or manner diminish the City of Elk Grove's rights under this gran

12 EXHBT SCALE: 1"=30' B PONT POT POT '24" W, 80.00' PS&PE 500"32' 36"E 1.00' L1 L- POB TCE ll2 L 17.5' PS&PE TCE (r-c.3 ) ELK GROVE BLVD t S 89"27'24" W 70.00' ROW S 89"27'24" W 80.00' r 30.00' "A"-- ':J-----ct- ct- 500'32'36"E_ 25' ROW POB 41.50' 1 ROW POC '-POB PS&PE 81.-::1 1 o X U o: BK PG ::". LOT 3 AND THE EAST 10' OF LOT 2 H.5. HLL TRACT 1 8M 30 LEGEND POC POB POT ROW &PE,--:E ct NORTH 1/4 CORNER SEC. 6, T 6 N, R 6 E, MT. DABLO B&M PONT OF COMMENCEMENT PONT OF BEGNNlt\lG PONT OF TERMNATON RGHT OF W'AY PUBLC SERVCE & PEDESTRAN EASEMENT TEMPORARY CONSTRUCnON EASEMENT CENTERLNE DWG. P: \Projects\ \zDrawings\S\JJJ14B-PlATS AND LEGALS\dwg\SE EXHBT PLATS DRAWN BY' CPR CHECKED BY' GL DATE: TAB' L1 N89"27'24"E 13.60' L2 SOooS1'26"E 10.50' L3 S89 27'24"W ' L4 NOooJ2'J6"W 1O. 50' Carter:: Burg e ss

13 / 1.Jl C{ / 6Yr t: EXHBT A Parcell - Right of Way Easement A 25 foot wide strip ofland located in a portion of the Grant Deed described in Book , Page 1590 Official Records of Sacramento County, also being a portion of Lot 4 ofthe H.S. Hill Tract filed in Book 1 ofmaps, Page 30 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State ofcalifornia, the northerly sideline ofwhich is described as follows: Commencing at the North quarter comer of Section 6, Township 6 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book lq lo ofsurveys, Page Sacramento County Records; thence along the centerline ofelk Grove Boulevard South 89 27' 24" West feet to the intersection with a line extending from the northeasterly corner of said Grant Deed that is perpendicular to said centerline, said intersection being the PONT OF BEGNNNG for the herein described strip; thence from said Point ofbeginning along said centerline South 89 27' 24" West feet to the intersection with a line extending from the northwesterly corner of said Lot 4 that is perpendicular to said centerline, said intersection being the PONT OF TERMNAnON for the herein described strip..} The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line ofthe grantor herein. Parcel 2 -Public Service and Pedestrian Easement A 17.5 foot wide strip of land located in a portion of the Grant Deed described in Book , Page 1590 Official Records of Sacramento County, also being a portion oflot 4 ofthe H.S. Hill Tract filed in Book 1 ofmaps, Page 30 Sacramento County Records, in the City ofelk Grove, County ofsacramento, State of California, the northerly sideline of which is the southerly sideline of the hereinabove described Right ofway Easement. The southerly sideline of said strip shall run along the northerly face ofthe existing building. The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line ofthe grantor herein. Exhibit B is attached herewith and made a part hereof. t is presumed that ownership of the underlying parcel extends to the centerline ofelk Grove Boulevard, and that the sidelines ofsaid underlying parcel are' perpendicular to the centerline ofelk Grove Boulevard... P:\Projects\333l48.0\Reports\Survey\ROW and PS Easements\ doc

14 Basis of Bearings The Basis of Bearings for the herein described land is the centerline ofelk Grove Boulevard; which bears North ' 24"East as shown on that certain Record of Survey filed in Book, ofsurveys Page...z..k Sacramento County Records. End of Description Gary T. Leonard, PLS 5303 Carter & Burgess, nc License Exj'ires Date: P:\Projects\ \R.eports\Survey\ROW and PS Easements\ doc

15 Braulio Torres APN Parcell - Description for Public Right of Way Easement A public right of way easement, on, over, and under Property legally described in Parcell of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of public use, construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenance of public-right- of-ways, highways, roadways, pedestrian walkways, parking, services, landscaping, utilities, waterlines, and necessary appurtenant structures. This Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such usc does not unreasonably interfere with the use ofthe Easement by the City of Elk Grove. Non-use ofthe easement shall in no way or manner diminish the City of Elk Grove's rights under this grant. Parcel 2 - Description for Public Service and Pedestrian Easement A Public Service and Pedestrian Easement, on, over, and under Property, legally described as Parcel 2 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of the construction, installation, improvement and maintenance of pedestrian walkways, together with any appurtenances pertaining thereto, and the installation and maintenance of landscaping, including but not limited to, trees, plants, planters, irrigation pipelines, drainage pipes, and their appurtenances. The Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such does not unreasonably interfere with the use of the Easement by the City of Elk Grove. Non-use ofthe easement shall in no way or manner diminish the City ofelk Grove's rights under this grant.

16 ;:::==============='?li?r EXHBT B SCALE: 1" =30' ELK S 89 27'24" W' 20.00' GROVE 89'27'24" W 50.00' 30.00' POT ROW 25' ROW POB PS&PE ""'---POC PS&PE 17.5' PS&PE... :->::. :"',. 0; GRANT DEED BK PG 1590 WEST 20' OF LOT 4 H.S. HLL TRACT 1 8M 30 LEGEND.s-. NORTH 1/4 CORNER SEC. 6, <r R 6 E, MT. DABLO B.&M T 6 N, POC PONT OF COMMENCEMENT POB PONT OF BEGNNNG.00T PONT OF TERMNATON. W RGHT OF WAY ':le PUBLC SERVCE & PEDESTRAN EASEMENT Tc. TEMPORARY CONSTRUCTON EASEMENT C[,. _ - - ENTERLNE 'C :. P: \Projeets\33314B.O\zDrowings\S\33314B-PLATS AND LEGALS\dwg\SE EXHBT PLATS Carter::Burgess WN BY: CPR CHECKED BY: DATE: TAB;

17 "...' EXHBT A Parcell - Right of Way Easement A 2S foot wide stripoflandlocated in a portion of Parcels 2- and J 01the Grant'need described in Book , Page 0302 Official Records ofsacramento.county, also being a portion oflot 6 and Lot 7 ofthe H.S. Hill Tract filed i!1)30a 1 of Maps, Page 30 Sacramento County Records, in the City 'ofellc Grove, County of Sacramento, State of California, the northerly sidelineofwhich.is described as follows:. Ol1!Ue}lci.!g, at tl.!no[th guarier.q.tm:lqf Section..6. TQ_wnship_6.J:.'.Qrth,.Range...6_East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in BOOK of SUrveys, Page 2lo Sacramento County Records; thence along the centerline ofelk Grove Boulevard North 89 14' 34" East feet to the intersection with a line extending from the northwesterly comer ofsaid Lot 6 that is perpendicular to.said centerline, said intersectionbeing the. PONT OF BEGiNNNG for the herein described strip; thence from said Point ofbeginning along said centerline North 89 14' 34" East feet to the intersection with a line extending from the northeasterly comer ofsaid Grant Deed that is perpendicular to said centerline, said intersection being the PONT OF TERMN'AnON for the herein described strip _ , The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line ofthe grantor herein. Parcel 2 - Public Service and Pedestrian Easement A 23.5 foot wide strip ofland located in a portion ofparcels 2 and 3 ofthe Grant Deed described in Book , Page 0302 Official Records of Sacramento County, also being a portion oflot 6 and Lot 7 ofthe H.S. Hill Tract filed in Book 1 ofmaps, Page 30 Sacramento County Records, in the City ofelk Grove, County ofsacramento, State of California, the northerly sideline ofwhich is described as follows: Commencing at the North quarter corner of Section 6, Township 6 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book ofsurveys, Page Sacramento County Records; thence along the centerline ofelk Grove Boulevard North 89 14' 34" East feet to the intersection with a line extending from the northwesterly corner ofsaid Lot 6 that is perpendicular to said centerline; thence southerly coincident with said perpendicular line 25 feet to the PONT OF BEGNNNG for the herein described strip; thence from said Point of Beginning along a line that is parallel with and 25 feet southerly from said centerline North ' 34" East feet to the intersection with a line extending from the northeasterly corner ofsaid Grant Deed that is perpendicular to said centerline, said intersection being the PONT OF TERMNATON for the herein.described strip. "P:\Projects\ \Reports\Survey\ROW and PS Easements\ doc

18 .:.'.., ,... The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line of the grantor herein. Parcel.S - Temporary.Cnnstrucfiun Easement. A 10 foot wide strip ofland located in a portion ofparcels 2 and 3 ofthe Grant-Deed described.in-book , Page Q302 0fficial:Re.cords. of-:s.aeramento.co.unty)also being a portion oflot 6 and Lot 7 ofthe n.s, Hill Tract filed inbook ofmaps,age 30 Sacrament-o'C6illj.tyRec-6ros,- tne-city'ofeil[ Gfove'C6illiti-oSacrrollenf-S""tate of California, the northerly sideline ofwhich is the -southerlysideline of the.herelnabove 'descrihed-pubhc-service' andpedestriarreasement.": "-.-.._---.--' ---_" ' -. The sidelines ofsaid strip shall be shortened or lengthened to begin and end on the property line of the grantor herein. Exhibit B is attached herewith and made a part hereof. t is presumed that ownershipof'the underlying parcel extends to the centerline'of-elk Grove Boulevard, and that the sidelines ofsaid underlying parcel are perpendicular to the centerline ofelk Grove Boulevard. Basis of Bearings The Basis ofbearings for the herein described land is the centerline ofelk Grove Boulevard, which bears North 89 14' 34" East as shown on that certain Record of Survey filed in Boak.lcl.L. of Surveys Page Sacramento County Records. End ofdescription Gary T. Leonard, PLS 5303 Carter & Burgess, nc License Expires Date: P:\Projects\ \Reports\stirvey\ROW and'ps Easements\ doc

19 Jacqueline Andersen APN Parcel-l - Description for Public Right of Way Easement A public right of way easement, on, over, and under Property legally described in Parcel of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of public use, construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenance ofpublic-right-of-ways, highways, roadways, pedestrian walkways, parking, services, landscaping, utilities, waterlines, and necessary appurtenant structures. This Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such use does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use ofthe easement shall in no way or manner diminish the City ofelk Grove's rights under this grant. Parcel-2 - Description for Public Service and Pedestrian Easement A Public Service and Pedestrian Easement, on, over, and under Property, legally described as Parcel 2 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of the construction, installation, improvement and maintenance of pedestrian walkways, together with any appurtenances pertaining thereto, and the installation and maintenance of landscaping, including but not limited to, trees, plants, planters, irrigation pipelines, drainage pipes, and their appurtenances. The Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such does not unreasonably interfere with the use of the Easement by the City of Elk Grove. Non-use ofthe easement shall in no way or manner diminish the City of Elk Grove's rights under this grant. Parcel- 3 - Description for Temporary Construction Easement A Temporary Construction Easement, on, over, and under Property, legally described in Parcel 3 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of construction related to the Project. This easement shall terminate upon completion of the construction of the Project or February 28,2007, whichever is earlier. This Easement is in gross and is non-exclusive. The property owner reserves the right to use land so long as such use does not unreasonably interfere with the use ofthe Easement by the City of Elk Grove. Non-use of the easement shall in no way or manner diminish the City ofelk Grove's rights under this gran

20 ..,.,:,':", ':,; "".1'-.. '""";.-.., '"... ""'" b 7Jl.' EXHBT B,- SCALE: 1"=30' 0(:71 01 ::c Uir: POB ROWl t 3.0,00: L N" 89"14'34"E 2. 5' POC POB PS&PE ELK GROVE' BLVD' N 89 14'34" E '12.50'-ct N 89 14'3.1.",.;;;E 1150' --T- GRANT DEED BK PG 0302 LOT 6 AND WEST 29.5' OF LOT 7 H.S. HLL TRACT 1 BM 30-26' R-OW l., POT 'jp5&p ', ( i GEND NORTH 1/4 CORNER SEC. 6, T 6 N, R 6 E, MT, DABLO 8&M 'C PONT OF COMMENCEMENT B PONT OF BEGNNNG T PONT OF TERMNATON W RGHT OF WAY PE PUBLC SERVCE & PEDESTRAN EASEMENT TEMPORARY CONSTRUCTON EASEMENT CENTERUNf _..., J \Projecls\j:l:l148.0\zOrcl'lir>gs\S\ PLATS AND LEGAlS\dwg\SE EXHBi PLATS '. CPR checked BY: GL DATE: TAB: \ Carter::Burgess ':':-_':'- - ".'" ----

21 ,.-.. EXHBT A Parcell - Right of Way Easement A parcel ofland located in a portion of the Grant Deed described in Document Number Official Records ofsacramento County, also being a portion oflot 31, Lot 32, and Lot 33 of the J.R. Kerr Tract filed in Book 1 of Maps, Page 28 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State of California, more particularly described as follows: Beginning at the South quarter comer of Section 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record of survey filed in Book of Surveys, Page...:z.1z... Sacramento County Records; thence from said PONT OF BEGNNNG, coincident with the quarter section line of said Section 31 NorthOO 32' 36" West feet; thence leaving said quarter section line North 89 27' 24" East feet; thence South ' 36" East feet to a non-tangent curve to the left, ofwhich the radius point bears North 58 47' 16" East a radial distance of59.50 feet; thence along the arc ofsaid curve, through a central angle of30 27' 58", a distance of31.64 feet to a point 25 feet northerly of the centerline ofelk Grove Boulevard; thence parallel with said centerline North 89 14' 34" East feet more or less to the easterly line ofsaid Grant Deed; thence coincident therewith South 00 32' 36" East feet more or less to the centerline ofelk Grove Boulevard; thence coincident with said centerline South 89 14' 34" West feet more or less to the Point of Beginning. Parcel 2 - Public Service and Pedestrian Easement A parcel ofland located in a portion ofthe Grant Deed described in Document Number Official Records of Sacramento County, also being a portion of Lot 31, Lot 32, and Lot 33 of the J.R. Kerr Tract filed in Book 1 ofmaps, Page 28 Sacramento County Records, in the City ofelk Grove, County ofsacramento, State of California, more particularly described as follows: Commencing at the South quarter comer of Section 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book ofsurveys, Page Sacramento County Records; thence coincident with the quarter section line ofsaid Section 31 North 00 32' 36" West feet; thence leaving said quarter section line North 89 27' 24" East feet; thence South 00 32' 36" East 6.86 feet to the PONT OF BEGNNNG for the herein described parcel, said Point ofbeginning being on a non-tangent curve to the left, ofwhich the radius bears North ' 06" East a radial distance of feet; thence along sgjd curve, through a central angle of67 51' 08", a distance of feet; thence SouthlJ" 26' 57" West 0.50 feet to a non-tangent curve to the left, ofwhich the radius bears North 13 26' 57" East a radial distance of feet; thence along said curve, through a central angle of 14 12' 24", a distance of feet; thence North " East feet more or less to P:\Projects\ \Reports\Survey\ROW and PS Easements\ doc,

22 the easterly line of said Grant Deed; thence coincident therewith a single course of South ' 36" East 6.50 feet; thence South ' 34" West feet to a non-tangent curve to the right, ofwhich the radius point bears North 28 19' 18" East a radial distance of feet; thence along said curve, through a central angle of30 027' 58", a distance of31.64 feet; thence North ' 36" West feet to the Point ofbeginning. Parcel 3 - Temporary Construction Easement A parcel ofland located in a portion ofthe Grant Deed described in Document Number Official Records ofsacramento County, also being a portion oflot 31, Lot 32, and Lot 33 of the.h. Kerr Tract filed in Book 1 ofmaps, Page 28 Sacramento County Records, in the City ofelk Grove, County ofsacramento, State ofcalifornia, more particularly described as follows: Commencing at the.south quarter corner ofsection 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book ofsurveys, Page-ZJ.rL Sacramento County Records; thence coincident with the quarter section line ofsaid Section 31 North ' 36" West feet; thence leaving said quarter section line North ' 24" East feet; to the PONT OF BEGNN1NG for the herein described parcel; thence North ' 23" East 9.51 feet to a non-tangent curve to the left, ofwhich the radius point bears North ' 23" East a radial distance of38.30 feet; thence along said curve, through a central angle of 90 16' 52", a distance of60.35 feet; thence South ' 29" East 0.53 feet; thence North ' 34" East feet; thence South ' 54" East 5.22 feet; thence North 89 37' 06" East feet; thence North ' 54" West 5.56 feet; thence North ' 34" East feet more or less:to the easterly line ofsaid grant deed; thence coincident therewith a single course of South ' 36" feet; thence South ' 34" West feet to a tangent curve to the right, with a radius of48.83 feet; thence along said curve, through a central angle of 14 12' 24", a distance of feet; thence North 13 26' 57" East 0.50 feet to a non-tangent curve to the right, ofwhich the radius point bears North ' 57" East a radial distance of48.34 feet; thence along said curve, through a central angle of ' 08", a distance of57.24 feet; thence North ' 36" West 6.86 feet to the Point ofbeginning. Exhibits Band C are attached herewith and made a part hereof. P:\Projects\ \Reports\Survey\ROW and PS Easements\ doc

23 ,-. Basis of Bearings The Basis ofbearings for the herein described land is the centerline ofelle Grove Boulevard, which bears North 89 14' 34" East as shown on that certain Record of Survey filed in Book, ofsurveys Page Sacramento County Records. End of Description Gary T. Leonard, PLS 5303 Carter & Burgess, nc License Expires Date: : P:\Projects\ \Reports\Survey\ROW and PS Easements\ l5.doc

24 Paschal Lamb, LLC APN Parcel-l - Description for Public Rigbt of Way Easement A public right ofway easement, on, over, and under Property legally described in Parcell of Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of public use, construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenanceof public-right- of-ways, highways, roadways, pedestrian walkways, parking, services, landscaping, utilities, waterlines, and necessary appurtenant structures. This Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such use does not unreasonably interfere with the use ofthe Easement by the City ofelk Grove. Non-use ofthe easement shall in no way or manner diminish the City ofelk Grove's rights under this grant. Parcel-2 - Description for Public Service and Pedestrian Easement A Public Service and Pedestrian Easement, on, over, and under Property, legally described as Parcel 2 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of the construction, installation, improvement and maintenance of pedestrian walkways, together with any appurtenances pertaining thereto, and the installation and maintenance of landscaping, including but not limited to, trees, plants, planters, irrigation pipelines, drainage pipes, and their appurtenances. The Easement is in gross and is non-exclusive. The property owner reserves the right to use the land so long as such does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use ofthe easement shall in no way or manner diminish the City of Elk Grove's rights under this grant. Parcel- 3 - Description for Temporary Construction Easement A Temporary Construction Easement, on, over, and under Property, legally described in Parcel 3 ofexhibit A and depicted in Exhibit B, attached hereto and made a part hereof, for the purpose of construction related to the Project. This easement shall tenninate upon completion of the construction ofthe Project or February 28,2007, whichever is earlier. This Easement is in gross and is non-exclusive. The property owner reserves the right to use land so long as such use does not unreasonably interfere with the use of the Easement by the City ofelk Grove. Non-use of the easement shall in no way or manner diminish the City of Elk Grove's rights under this gran

25 /. ''--(, (. C-, -- ( LEGEND POB ROW RB <t ---ct EXHBT SCALE' r =30'. rl! ZQ J c3 \ GRANT DEED DOC. lor-30'/ ' ' E 60.00' VJ 0,?-CO VJ 2' X,.././ en N '\u/, OJ J c,.j 0: b,1 /' - m,,:>u /' R=59.50./. L=31.64 ld - r. '\ =30'27'58" rrow B LOT 3.3, LOT 32, AND WEST 40' OF LOT 31 J.H. KERR TRACT 1 8M 28 o '\ '-. L N89'14'34"E 8.! \) ;"".;;...:...::. J POB SOUTH 1/4 CORNER SEC..31, T 7 N, R 6 E, MT. DABLO B&M PONT OF BEGNNNG RGHT OF WAY RADAL BEARNG CENTERLNE 589'14'34"W ' ',,---- )., 25' ROW ELK GROVE BOULEVARD -ct- f Ul '" 4> U'\ QJ U U 1l «...J iii N 5: Lf) x N w w z 0 l 0' '0»: V CD...J -c «... <.:l W...J 0 Z 0( 0... n'"./ Vl./ on.5 '" 3' -! c..') 0 N >- c: c u.!'., 0::1 0 '-,..- Ul 0( en...j c. r-- <0.;- n -c Cl,..- a oci v "" u. '",.., n L : L,..-.c;- o.: l. ;.. a: z o -c Q: Q

26 -.,,) rt ( '.' r:', \ '- ( EXHBT C SCALE: 1" =30' E:; ej UJ-=-+-_ :l GRANT DEED DOC. to ") f) Nr--: 1")0 aco d z o 30' -- N89'28'23"E r 9.51' LOT 33, LOT 32, AND U POB \ N89'28'23"E RB WEST 40' OF LOT 31 U) TCE \. J.H. KERR TRACT N89'27'2"E \ _...L ( N81'18'06"E RB 1 BM NOO W...-"" J L=60.3S POC_ LEGEND POC POB P5&PE TCE RB C[ 6.86' \ R= POB 1\ t.=90 16'S2" SOO'32'36"E NOO'32'36"W \..0 \:L2 PS&PE \ s "<;. ' "E 26.82' ct-..o ' "E 58 22' N \ " N r- '- L36- N89'37'06"E ----MA" 42.66' L=S ,0(''' 8 N13'26'57"E RB =- ' _ R=48.34 <, 'd 1 -o- - -L N89'14'34"E ' ej t.=6t51'08j' "'--..'--Ll S89'14'34"-177.SS' ,.. N28'19'18"E RB SOO' E L=31.64 R=S9.S0 LF30'27'S8" _ -ct SOUTH 1/4 CORNER SEC. 31, T 7 N. R 6 E. MT. DABLO B&M PONT OF COMMENCEMENT PONT OF BEGNNNG PUBLC SERVCE & PEDESTRAN EASEMENT TEMPORARY CONSTRUCON RADAL BEARNG CENTERLNE - EASEMENT - ELK GROVE - - BOULEVARD 6.50' -ct-- C1 L=12.11 R=48.83 L'.\=14 12'24" L1 S13'26'57"W 0.50' L2 SOO'48'29"E 0.53' L3 500'22'54"E 5.22' L4 NOO'22'S4"W S.S6'... ": ? '"U\ (1) in... =-' a- U U 11)--0:::- f)...j n, 0 l- 1ii N :: f) x N w 0 w z./ f) 0' N "0./ )...J -c '" C W...J Cl Z V -c 0 ) - -c 01...J ll. l"- eo w t- n r'l r'l./ )./ V C7'. 0 Ci N./ «a 61 ;.: 0 '" co -.t ;;:j r'l a w U W..., ::./ u.!! a,./ i: u l ;.: ld <.:> «rr Q a

27 EXHBT A Parcll- Right ofw Easement A parcel of land located in a portion of the Grant Deed described in Document Number Official Records of Sacramento County, also being a portion of Lot and Lot 2 of the L. Bower Tract filed in Book 8 ofmaps, Page 15 Sacramento County Records, in the City ofelk Grove, County of Sacramento, State of California, more particularly described as follows: Beginning at the South quarter corner of Section 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain. record of survey filed in Book ofsurveys, Page 2.. Sacramento County Records; thence from said PONT OF BEGNNNG along the centerline of Elk Grove Boulevard South ' 24" West feet to the southwest corner of said Grant Deed; thence coincident with the westerly line thereof North ' 36 West feet; thence North 89 27' 24" East feet to a non-tangent curve to the left, of which the radius point bears North 13 23' 34" West a radial distance of feet; thence along said curve, through a central angle of ' 13", a distance of38.18 feet to a compound curve to the left, with a radius of feet; thence along said curve, through a central angle of26 33' 38", a distance of feet to the easterly line ofsaid Lot 1, said easterly line also being the quarter section line ofsaid Section 31; thence coincident therewith a single course of South 00 32' 36" East feet to the Point ofbeginning. Parcel 2 - Public Service and Pedestrian Easement A parcel of land located in a portion ofthe Grant Deed described in Document Number Official Records of Sacramento County, also being a portion oflot 1 and Lot 2 ofthe L. Bower Tract filed in Book 8 ofmaps, Page 15 Sacramento County Records, in the City of Elk Grove, County of Sacramento, State ofcalifornia, more particularly described as follows: Commencing at the South quarter corner of Section 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book ofsurveys, Page Sacramento County Records; thence along the centerline of Elk Grove Boulevard South 89 27' 24" West to the southwest corner ofsaid Grant Deed; thence coincident with the westerly line thereofnorth ' 36" West feet to the PONT OF BEGNNll\fG for the herein described parcel; thence from said Point of Beginning coincident with said westerly line North 00 32' 36" West feet; thence leaving said westerly line North 89 27' 24" East feet; thence South 00 32' 36"East 4.50 feet; thence North 89 27' 24" East feet; thence North 75 00' 06" East 1.35 feet; thence North 00 32' 36" West 3.62 feet to a compound curve to the left, with a radius feet; thence along said curve; through a central angle of 05 22' 56", a distance of26.87 feet to a compound curve to the left, with a radius of26.00 feet; thence along said curve, through a central angle of 52 41' 47", a P:Projectsl333 J!8.0ReportsSlrveyROW and PS Easementsil doc

28 ..._-' ''-'' r-"') '''-:: ;! distance feet; thence North 89 27' 24" East 3.91 feet to the easterly line of said Lot 1, said easterly line also being the quarter section line of said Section 31; thence coincident with said quarter section line South ' 36" East feet to a nontangent curve to the right; ofwhich the radius point bears North ' 25" West a radial distance of39.50 feet; thence leaving said quarter section line along said curve, through a central angle of26 33' 38", a distance of feet to a compound curve to the right, with a radius of feet; thence along said curve, through a central angle of07 18' 13", a distance of38.18 feet; thence South ' 24" West feet to the Point of Beginning. Parcel3 - Temporary Construction Easement A parcel ofland located in a portion ofthe Grant Deed described in Document Number Official Records of Sacramento County, also being a portion of Lot and Lot 2 ofthe L. Bower Tract filed in Book 8 ofmaps, Page 15 Sacramento County Records, in the City of Elk Grove, County of Sacramento, State of California, more particularly described as follows: Commencing at the South quarter comer ofsection 31, Township 7 North, Range 6 East, Mount Diablo Base and Meridian as shown on that certain record ofsurvey filed in Book ofsurveys, Page '2. C. Sacramento County Records; thence along the centerline ofelk Grove Boulevard South ' 24" West feet to the southwest corner ofsaid Grant Deed; thence coincident with the westerly line thereof North ' 36" West feet to the POll'l"T OF BEGNNNG for the herein described parcel; thence from said Point of Beginning coincident with said westerly line North ' 36" West feet; thence leaving said westerly line North 89 27' 24" East feet to a tangent curve to the left, with a radius of feet; thence along said curve, through a central angle of ' 42", a distance of24.13 feet to a compound curve to the left, with a radius of feet; thence along said curve, through a central angle of01 57' 29", a distance of9.43 feet to a compound curve to the left, with a radius of feet; thence along said curve, through a central angle of60 30' 38", a distance of feet; thence North 89 45' 32" East feet to the easterly line ofsaid Lot 1, said easterly line also being the quarter section line ofsaid Section 31; thence coincident with said quarter section line South 00 32' 36" East 5.00 feet; thence leaving said quarter section line South ' 24" West 3.91 feet to a non-tangent curve to the right, ofwhich the radius point bears North 73 23' 34" West a radial distance of26.00 feet; thence along said curve, through a central angle of ' 47", a distance of23.91 feet to a compound curve to the right, with a radius of feet; thence along said curve, through a central angle 0[ ' 56", a distance of26.87 feet; thence South 00 32' 36" East 3.62 feet; thence South ' 06" West 1.35 feet; thence South ' 24" West feet; thence North ' 36" West 4.50 feet; thence South 89 27' 24" West feet to the Point ofbeginning. :\Projects\333 J!8.0ReportslSurveyROW and PS Easementssl doc