2006/02/14 City Council Resolution (4)RESOLUTION NO. 200647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING
THE EXECUTION OF A SETTLEMENT AGREEMENT AND THE TAKING OF ALL STEPS
NECESSARY TO EFFECTUATE THE SETTLEMENT OF CITY OF ROHNERT PARK V. MORETTI,
SONOMA COUNTY SUPERIOR COURT CASE NO. 236469
WHEREAS, the City filed an eminent domain proceeding on March 25, 2005 in Sonoma County
Superior Court (case no. 236469), City of Rohnert Park v. Moretti et al. (the "Action ");
WHEREAS, the purpose of the Action is to acquire easements on a portion of APN 134 -251 -054
for a new sewage main connecting the Rohnert Park Sewage Pump Station to the Laguna
Subregional Wastewater Treatment Plant, to wit: a 20 -foot wide easement (totaling approximately
19,578 square feet) within which a sewer main is located and a temporary construction easement
(totaling approximately 9,000 square feet) to facilitate the improvement project.
WHEREAS, on March 24, 2005, the City deposited with the State Treasurer $11,100 pursuant to
Code of Civil Procedure section 1255.010;
WHEREAS, the parties to the Action are Hazel Environmental, LLC, and Pacific Gas & Electric
Company; and
WHEREAS, the City desires to enter into a Stipulation for Judgment, attached hereto as Exhibit
A, with Hazel Environmental, LLC, and Pacific Gas & Electric Company to settle this Action and
obtain a judgment and final order through which the City will acquire the easements.
NOW THEREFORE, the City Council of the City of Rohnert Park resolves as follows:
1. The City Manager and City Attorney are authorized to execute the Stipulation for
Judgment, in substantially the same form as attached hereto;
2. The City Manager and City Attorney are authorized to take all steps necessary to
effectuate the settlement, including without limitation securing a judgment and final order from
the Sonoma County Superior Court, paying Hazel Environmental, LL, $70,000 upon entry of
judgment, and obtaining a refund from the State Treasurer of the deposit referenced above.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
14'h day of February, 2006 by the following vote:
AYES: Five (5) Councilmembers Breeze, Flores, Mackenzie, Vidak- Martinez
and Mayor
NOES: None (0)
ABSENT: None (0)
ASBSTAIN: None (0)
TTEST:
t � City Clerk
Approved as to Form:
ssistant City Attorney Gabrielle P. Whelan
898496v180078/0029
BREEZE: AYE FLORES: AYE MACKENZIE: AYE
VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
MICHELLE MARCHETTA KENYON (127969)
KEVIN D. SIEGEL (194787)
BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
Oakland, CA 94612
Phone: 510.273.8780
Fax: 510.839.9104
Attorneys for Plaintiff City of Rohnert Park
Exempt from Filing Fees per Gov. Code § 6103
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
CITY OF ROHNERT PARK, a municipal
corporation
Plaintiff,
V.
ALBERT J. MORETTI AND THERESA I.
MORETTI, HUSBAND AND WIFE, PACIFIC
GAS & ELECTRIC COMPANY, HAZEL
ENVIRONMENTAL, LLC AND DOES I
through 50, Inclusive
Defendant.
Case No. 236469
STIPULATION FOR JUDGMENT IN
CONDEMNATION
Portion of APN 134 - 251 -054
(Partial/Easements)
Plaintiff City of Rohnert Park, Defendant Hazel Environmental, LLC and Defendant Pacific
Gas & Electric Company (collectively, the "Parties ") stipulate as follows:
I . The following facts are true and correct:
a. Plaintiff City of Rohnert Park (the "City ") is a municipal corporation
organized and existing under and by virtue of the laws of the State of California, and is vested by the
Constitution and laws of the State with the power of eminent domain for public uses_
b. On March 25, 2005, the City brought this eminent domain proceeding (the
"Action ") to condemn and acquire the property interests consisting of a perpetual easement and a
temporary construction easement, which are described and depicted in the legal descriptions and plat
28 11 maps attached hereto as Exhibit A and incorporated herein by this reference (the "Perpetual
X
Mcpor.oupt. Honed 8 Apen .c 1
Anorop at Lr+.
Stipulation for Judgment in Condemnation (Moretti) 891755v3 800780029
I Easement" and the "Temporary Construction Easement ", respectively), in and to a portion of the real
2 property commonly known as assessor's parcel no. 134- 251 -054. The Perpetual Easement and the
3 Temporary Construction Easement are collectively referred to herein as the "Sewer Easements."
4 C. The City filed this action to acquire the Sewer Easements for the construction
5 and ongoing operation and maintenance of a new sewer main in connection with the City's Sewer
6 Interceptor /Outfall Project (the "Project "). .
7 d. The City named the following parties in the Complaint: (1) Albert J. Moretti
8 and Theresa I. Moretti, husband and wife (the "Morettis "); (2) Pacific Gas & Electric Company
9 ( "PG &E "); and (3) Hazel Environmental, LLC ( "Hazel Environmental ").
10 e. The Morettis are the owners of record in and to the larger property upon
11 which the Sewer Easements are located, which includes assessor's parcel no. 134 -251 -054. The
12 Morettis did not answer the complaint herein, and the court entered their default on July 1, 2005.
13 f. Hazel Environmental is the holder of an option to purchase the larger property
14 upon which the Sewer Easements are located. Hazel Environmental answered the complaint herein.
15 g. PG &E has .an easement of record, portions of which are crossed by the
16 Perpetual Easement and the Temporary Construction Easement. PG &E's easement is identified and
17 described in Sonoma County Recorder Instrument No. 1998- 0050930 (the "PG &E Easement ").
18 PG &E answered the complaint herein. However, the PG &E Easement is unaffected by this
19 acquisition of the Sewer Easements.
20 h. On March 24, 2005, the City deposited $11,100 (Eleven Thousand One
21 Hundred Dollars) with the State Condemnation Fund as the amount of probable compensation for
22 the acquisition of the Sewer Easements.
23 i. The City has been entitled to possession of the Sewer Easements, pursuant to
24 an Order of Prejudgment Possession issued by this Court, since on or about July 13, 2005.
25 j. The Parties recognize the expense, time, effort and risk in determining by trial
26 the amount of just compensation due. The Parties enter into this Stipulation for Judgment as a
27 compromise and settlement in lieu of a trial.
28 II 2. Settlement Amount to Hazel Environmental. The City agrees to pay and I -Iazel
McDwaup� Nollw.d 8 Alisn K
A11oney> it lnr 2
Stipulation for Judgment in Condemnation (Moretti) 891755v3 80078/0029
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Environmental agrees to accept the sum of $70,000 (Seventy Thousand Dollars) as full, final and
complete payment of all compensation and /or damages due for the acquisition of the Sewer
Easements by eminent domain, including without limitation any severance damages; any loss of
business goodwill; any improvements pertaining to realty; any past or present damages to property;
any precondemnation damage; any delay claims; any damage to property and /or loss of property;
any attorney's fees, interest and /or costs.
3. PG &E's Easement. The PG &E Easement shall remain unaffected by the City's
acquisition of the Sewer Easements, and the City shall take the Sewer Easements subject to the
PG &E Easement.
4. Judgment. The City shall take judgment against all Defendants named herein and any
other persons in and to the Sewer Easements which are the subject of this Action for the purposes set
forth herein and in the form of Judgment attached hereto as Exhibit B and incorporated herein by
reference. The Perpetual Easement and the Temporary Construction Easement shall be subject to
the PG &E Easement.
5. Payment Procedures. Within ten days after the entry of the Judgment pursuant to this
Stipulation for Judgment and the form of Judgment attached hereto as Exhibit B, the City shall
process a check in the amount of $70,000 (Seventy 'Thousand Dollars), made payable to Hazel
Environmental, LLC and Preston Gates & Ellis LLP. The City shall deliver the check to Hazel
Environmental, LLC c/o James M. Berg, Preston Gates & Ellis LLP, 55 Second Street, Suite 1700, j
San Francisco, CA 94105 -3493.
6. Final Order of Condemnation. Upon payment to Hazel Environmental of the amount
specified in paragraph 2 above, the Final Order of Condemnation, in the form attached hereto as
Exhibit C and incorporated herein by reference, shall be made and entered without further notice to
Hazel Environmental, PG &E, or any other person or entity, but with a court and recorder - endorsed
copy served upon counsel for Hazel Environmental and PG &E.
7. The City shall have the right to a refund of the deposit of probable compensation, plus I
any interest from the State of California Condemnation Fund, and the City shall be entitled to an
28 I I order directing the State Condemnation Fund _ to refund to the City the deposit of probable
mw «.own non.,,a a niwA
Aborney at law 3
Stipulation for Judgment in Condemnation (Moretti) 891755v3 80078/0029
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compensation plus any interest without any notice to Hazel Environmental or PG &E.
8. Mutual Release and Waiver. Each of the Parties, on behalf of itself /himself /herself
and its/his /her agents, representatives, trustees, employees, officers, attorneys, successors, assigns,
heirs, personal representatives and executors, fully releases. and discharges each other and each
other's agents, representatives, trustees, employees, officers, attorneys, successors, assigns, heirs,
personal representatives and executors, and any and all persons, firms, associations or entities
connected therewith, and each of them, from any and all claims, debts, liabilities, demands,
obligations, costs, expenses, attorneys' fees, actions, and causes of action of every nature, character,
and description, whether known or unknown, directly or indirectly arising out of the Action and /or
the public improvement Project for which the described property interests are being acquired by the
City. Each of the Parties further waives all rights and benefits which it/he /she has now or in the
future may have with respect to any claims that are expressly covered by the foregoing mutual
release under California Civil Code section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release which if known by him or her must have materially affected his
or her settlement with the debtor.
Having been so informed, the Parties to the releases herein hereby elect to and do waive the
provisions and benefits of Civil Code section 1542, effective upon execution of this Stipulation for
Judgment.
10. Drafting of Stipulation for Judgment. The drafting and the negotiation of this
Stipulation for Judgment have been participated in by each of the Parties and /or their counsel and,
for all purposes, this Stipulation for Judgment shall be deemed to have been drafted jointly by all
Parties.
11. Informed Consent. Each party declares that prior to the execution of this Stipulation I
Ifor Judgment, it and /or its duly authorized representatives have apprised themselves of sufficient
relevant data, either through attorneys, experts or other sources of their own selection, in order to
intelligently exercise their judgment in deciding whether to execute, and in deciding the contents of,
this Stipulation for Judgment. Each party states that this Stipulation for Judgment is entered into
mcoo,won �fou..d a ane..
nnoe»n ieV. A
Stipulation for Judgment in Condemnation (Moretti) 8917550 80078/0029
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freely and voluntarily, upon the advice and with the approval of its counsel.
12. Applicable Law. This Stipulation for Judgment shall be interpreted in accordance
with California law.
13. Entire Agreement. As to the matters set forth herein, this Stipulation for Judgment
(including its Exhibits) is the entire, integrated agreement and understanding of the Parties.
14. Severability. If any part of this Stipulation for Judgment is found to be void, invalid
or unenforceable, the remainder shall remain in full force and effect and shall be interpreted to carry
out the Parties' intent with respect to their obligations and rights.
15. Authorization to Execute. Each party represents that the individual signing this
Stipulation for Judgment is authorized to bind the party on whose behalf he or she signs.
16. Successors and Representatives. This Stipulation for Judgment shall be binding on
and shall inure to the benefit of the successors and assigns of each party.
17. Execution in Counterparts. This Stipulation for Judgment may be executed in
counterparts, and photo or fax copies shall constitute good evidence of such execution..
18. Further Action and Documents. Each party shall take such further actions and shall
execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, to the other
party such further instruments and documents as may be necessary in order to consummate this
Stipulation for Judgment.
19. Waivers_ Except as to enforcement of the terms and provisions of this Stipulation,
Hazel Environmental and PG &E hereby waive against the City:
I ///
a. Any and all defenses;
b. Any additional or alternative compensation;
C. Notice of entry of judgment;
d. A statement of decision; and
e. The right to appeal.
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MI+A,
McDOrroupM1 Hoibm! B Albn K
An— at 5
Stipulation for Judgment in Condemnation (Moretti) 891755v3 80078/0029
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McOO.rou9A Hon.ntl $Allen.
Anw�eye .1 tew
DATED:
HAZEL ENVIRONMENTAL, LLC
By:
Harvey Rich, Managing Member
DATED:
CITY OF ROHNERT PARK
By.
Stephen R. Donley, City Manager
Per Resolution No. 2006 -47 adopted by
DATED: the Rohnert Park City Council at its
PACIFIC GAS & ELECTRIC, COMPANY
By:
APPROVED AS TO FORM:
MCDONOUGH HOLLAND & ALLEN PC
By:
Kevin D. Siegel
Attorneys for City of Rohnert Park
APPROVED AS TO FORM:
PRESTON GATES & ELLIS, LLP
By:
James M. Berg
Attorneys for Defendant Hazel Environmental, LLC
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Stipulation for Judgment in Condemnation (Moretti) 891755v3 80078/0029
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AU44,
Mcoorwuyh /bilmd 8 Alien I
Allorneys al Lsw
APPROVED AS TO FORM:
WOOD & LEE
By:
Michael D. Wood
Attorneys for Defendant Pacific Gas & Electric Company
7
Stipulation for Judgment in Condemnation (Moretti) 8917550 80078/0029
EXHIBIT A
All that certain real property situate in the County of Sonoma, State of California, be-
of the lands of Albert J- Moretti & Theresa L ng a portion
Moretti_, as described by deed recorded under
document number 1994 - 0014393, Sonoma County Records; be-
follows: ng more part icularly. described as
PERPETUAL EASEMFNT
A step of land 20 feet wide, the centerline of which is described as follows-
COMMENClTtG at a found 1 /2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded in Book 255 of Maps at Page 34; thence
along the southerly line of said lands, South 89 001'23" West, 230.30 feet to the TRUE POINT
F_gI__'GWNQVG thence leaving said southerly line, North 79 °53'32" West, 210 -86 feet;
thence South 88 °51'28" West 768 -05 feet to
point on the easterly the westerly line of said lands of Moretti, being a
line of the lands of Sonoma County Water Agency described by deed
recorded April 29, 1975 in Book 2953 of Official Records at page 301, Sonoma County Record
from which point the northerly comer of said lands bears North 20°27'39" West, 301 -29 feet -
Containing 19,578 square feet, ►note or less_
The sidelines of said strip of land shall be shortened or lengthened to terminate at the westerly
line and the southerly line of said lands of Moretti-
Basis Of Bearings_ Ilse bearings of this description are based on the California Coordinate
System (NAp '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT
PARK SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROTECT 2003 -11
2005" on file in the office of the City Engineer of the City of Rohnert Park_ JANUARY
Jonathan R. Olin LS 7590
Expires 3/31106
End of Descnption
I:\04\205632nUItvey\F1NAL EASEMENTS \134 -251 -054.doc
Page I of I
LINE TABLE
LINE BEARING L -ENGTt i
1-1 N52 "56'12 "E* 11— 8.11•.
L2 S00'36'16 "E* –' 195.49'*
L3 NOO'36 "16–W' 147.20'*
1-4 N20 27 "39 "W'
301.29"
' =PER R2 AND MEASURED
LANDS OF MORETTI
FOUND BRASS DISC PER R2
J APN
FOUND 3/4" IRON PIPE 134-251-054
SONOMA COUNTY WATER AGENCY
2953 OR 301 - 20.00' PERPETUAL EASEMENT
10.00'
S88 51'28 W T_"P_O_B_
768.05 10.00' N"9 -53 3
21p 86� W
P.O-C.
230.30'
.Y} _ W_ILFRED AVE
N897500 E 591.15 R1
APN 589 01'23 "W 591-19 M �Y.)
134 - 251 -049 �4h�
zti255 MAPS 34 a
0
L
APN
cli
134- -251 -056
Q
LEGEND
O FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER R 1
P.O_C_ =POINT OF COMMENCEMENT
T.P_O_B. =TRUE POINT OF BEGINNING
PARCEL LINE
— - -- —
CENTER LINE
EASEMENT AREA
-2<S� )<FT _I, AREA
6 0 u • U i 7 i M a • c l a s s •■ R•
EASEMENT AREA
19.578 SF
R1 =255 MAPS 34
R2 =2953 OR 301
i
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY Of ROHNERT PARK
Scale= 1" -200' Date: 1421105
Ak8 S1ET NO.
7„�. 'RO 134 -251 -054 1 1 OF 1
EXHIBIT B
All that certain real property, situate in the County of Sonoma, State of California, being a portion
of the lands of Albert 7- Moretti & Theresa 1_ Moretti_, as described by deed recorded under
document number 1994 - 0014393, Sonoma County Records, being more particularly described under
follows-
TEMPORARY CONSTRUCTION EASEMENT
CO IviENQI G at a found 1/2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded m- Book 255 of Maps at Page 34, thence
along the southerly line of said lands, South 89 001'23" West, 178.29 feet to the TRUE POINT
OF BEGINNING; thence leaving said southerly line, North 00 °58'3T' West, 60.00 feet-
South 89 °01'23" West 150.00 feet, thence South 00 °58'37'• East, 60.00 feet to said southerly
tine; thence along said southerly line, North 89 °01'23" East, 150 -00 feet to the TRUE POINT
OF BEGINNING,
Containing 9,000 square fee4 more or less.
Basis Of Bearings: The bearings of this description are based on the California Coordinate
shown on that ce
System (NAD '83 Zone 2) as shortain set of Plans entitled "CITY OF ROHNERT
PARK. SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROJECT 2003 -11 JANUARY
2005" on file in the office of the City Engineer of the City of Rohnert Park.
Temporary Construction Easement shall tenrrunate either on the first anniversary date of the
filing of the Notice of Completion for the City of Rohnert Paris Construction Contract awarded to
constrict the Rohnert Park Sewer Interceptor/Outfall Proj
whichever is earlier. ect or on December 31, 2007,
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
1:504\205632\SUR V E YSF(N AL EASEM ENTS1134 -2 51 -054 TEM P doc
Page 1 of 1
LEGEND
o FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER R1
P_O -C_ =POINT OF COMMENCEMENT
T- P -O -B- =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
TEMPORARY CONSTRU
EASEMENT AREA
`jam WIN'ZI.Z AREA
cow • u L r F w a • w• F w•• �•
EASEMENT AREA
5.000 SF
R I = 255 MAPS 34
SSW "Iml IV!,
LANDS OF MORETTI
TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: 1" =200' Date: I 21 O5
)NN_. AEQ SFFEF► W.
Ra 134-251-054 1 OF I
i
LEGEND
i 0 FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER Rl
P.O_C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
EASEMENT AREA
AREA
o one YL TIM4 v an • EASEMENT AREA
9,578 SF
created with FinePrint pdfFactory trial version http. /lwww_fin
R1 =255 MAPS 34
R2 =2953 OR 301
i
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: l" =200' Dote: 1/21/05
J 134- 251 -054 1 OF j
LINE TABLE
*=PLR R2 AND MEASURED
LINE
BEARING
LENGTH
L1
N52 56'l 2'E*
118.i 1'*
t-2
SOO'36:16"E*
195.49'*
L3.
NOO'36'16 "W*
147.20'*
L4
N20'27'39 W*
301.29'
i
LEGEND
i 0 FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER Rl
P.O_C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
EASEMENT AREA
AREA
o one YL TIM4 v an • EASEMENT AREA
9,578 SF
created with FinePrint pdfFactory trial version http. /lwww_fin
R1 =255 MAPS 34
R2 =2953 OR 301
i
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: l" =200' Dote: 1/21/05
J 134- 251 -054 1 OF j
*=PLR R2 AND MEASURED
�-26'PC-Ad: ESMT. DOCI 98- 0050930
! LANDS OF MORETTI
FOUND BRASS DISC PER R2
APN
J
FOUND 3/4" IRON PIPE 134- 251 -054
SONOMA COUNTY WATER AGENCY
2953 OR 301 20.00' PERPETUAL EASEMENT
�
10.00'
'51'28'W 10.00' N79�3'
T.P.O.D.
768.OSi 210��W
P_O�C_
—
S89'01 23 W
--
230.
3-
'Y 35'PG&E ESMT_ DOCI 98- 0050930 WiLFRED AVE
N89'15'00'E 591.15 Rl
"W
APN S89-01.23 591.19 M
W 134- 251 -049
�Q
o 0 255 MAPS 34
Z
0
'V CV
f
n
APN
134- 251 -056
�Dc
ti
i
LEGEND
i 0 FOUND MONUMENT AS NOTED
• FOUND 1/2" IRON PIPE PER Rl
P.O_C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
EASEMENT AREA
AREA
o one YL TIM4 v an • EASEMENT AREA
9,578 SF
created with FinePrint pdfFactory trial version http. /lwww_fin
R1 =255 MAPS 34
R2 =2953 OR 301
i
LANDS OF MORETTI
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: l" =200' Dote: 1/21/05
J 134- 251 -054 1 OF j
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McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
MICHELLE MARCHETTA KENYON (127969)
KEVIN D. SIEGEL (194787)
BENJAMIN D. WINIG (233090)
1901 Harrison Street, 0th Floor
Oakland, CA 94612
Phone: 510.273.8780
Fax: 510.839.9104
I' Attorneys for Plaintiff City of Rohnert Park
Exempt from Filing Fees per Gov. Code § 6103
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
CITY OF ROHNERT PARK, a municipal
corporation
Plaintiff,
V.
ALBERT J. MORETTI AND THERESA I.
MORETTI, HUSBAND AND WIFE, PACIFIC
GAS & ELECTRIC COMPANY, HAZEL
ENVIRONMENTAL, LLC AND DOES I
through 50, Inclusive
Defendant
Case No. 236469
JUDGMENT IN CONDEMNATION
Portion of APN 134- 251 -054
(PartiallEasements)
In the above- entitled cause, Plaintiff City of Rohnert Park ( "Plaintiff' or the "City ") and
Defendants Hazel Environmental, LLC and Pacific Gas & Electric Company having stipulated that
judgment be entered as follows:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff shall pay as just
compensation the sum of $70,000 (Seventy Thousand Dollars) to defendant Hazel Environmental,
LLC for the perpetual easement and the temporary construction easement described and depicted in
the legal descriptions and plat maps attached hereto as Exhibit A and incorporated herein by this
reference (the "Perpetual Easement" and the "Temporary Construction Easement," respectively),
28 I which are hereby condemned and taken for a public use to Plaintiff.
M
moo ow ro oa a nen EXHIBIT
an «o .t — I
Judgment in Condemnation (Moretti) 8917595 80078/0029
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED the Perpetual Easement shall
include the following rights, conditions, and limitations: The Perpetual Easement is for the purpose
of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating,
inspecting and using, or undertaking similar activities, as the City may see fit, for the transmission of
sewage, a pipe or pipes and all necessary braces, connections, fastenings and other appliances,
fixtures and related appurtenances including underground telemetry and electrical cables for use in
connection therewith or appurtenant thereto. The Perpetual Easement shall be subject to PG &E's
pre- existing easement, which is a matter of record (Sonoma County Recorder Instrument No. 1998-
005-0930).
IT IS FURTHER ORDERED, ADJUDGED AND DECREED the Temporary Construction
Easement shall include the following rights, conditions, and limitations: The Temporary
Construction Easement is for the purpose of providing a temporary construction work area as
reasonably necessary for the installation and construction of a pipe (and all related appurtenances
thereto) within the Perpetual Easement. Such purposes, as reasonably necessary, may include but
are not limited to, use of vehicles, tools, machinery, materials and equipment. The Temporary
Construction Easement shall be subject to PG &E's pre- existing easement, which is a matter of record
(Sonoma County Recorder Instrument No. 1998- 005- 0930).
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that payment of that good and
valuable consideration set forth above and in the Stipulation for Judgment is the full payment for the
Perpetual Easement and Temporary Construction Easement so taken.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the California
Condemnation Fund return to the City of Rohnert Park total funds deposited - 411,100 (Eleven
Thousand, One Hundred Dollars) - -as probable just compensation with respect to the Perpetual
Easement and the Temporary Construction Easement.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that judgment of default be
and hereby is entered against Albert J. Moretti and Theresa I. Moretti, husband and wife.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for which the I
28 I I Perpetual Easement and the Temporary Construction Easement are sought to be condemned is and
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Judgment in Condemnation (Moretti) 8917590 80078/0029
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MHA-
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was a public use, and the taking in condemnation by the City is and was necessary for said public
use.
DATED:
By: _
JUDGE OF THE SUPERIOR COURT
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Judgment in Condemnation (Moretti) 891759v5 80078/0029
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McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
MICHELLE MARCHETTA KENYON (1 27969)
KEVIN D. SIEGEL (194787)
BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
Oakland, CA 946I2
Phone: 510.273.8780
Fax: 510.839.9104
Attorneys for Plaintiff City of Rohnert Park
Exempt from Filing Fees per Gov. Code § 6103
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
CITY OF ROHNERT PARK, a municipal
corporation
Plaintiff,
V.
ALBERT J. MORETTI AND THERESA I.
MORETTI, HUSBAND AND WIFE, PACIFIC
GAS & ELECTRIC COMPANY, HAZEL
ENVIRONMENTAL. LLC AND DOES I
through 50, Inclusive
Defendant.
Case No. 236469
FINAL ORDER IN CONDEMNATION
Portion of APN 134 -251 -054
(Partial/Easements)
This Court having granted and filed a Judgment in Condemnation pursuant to stipulation
adjudging that Plaintiff City of Rohnert Park (the "City" or "Plaintiff') is entitled, upon satisfaction
of judgment, to condemn, as prayed for in the Complaint in Eminent Domain, against Defendants
herein and all others, the perpetual easement and the temporary construction easement described and
depicted in the legal descriptions and plat maps attached hereto as Exhibit A and incorporated herein
by this reference (the "Perpetual Easement" and the "Temporary Construction Easement,"
respectively), and said Judgment having been satisfied on
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED the Perpetual
Easement and the Temporary Construction Easement are hereby condemned and taken for public use
28 I I to the City, subject to the following rights, conditions, and limitations:
Mfw EXHIBIT C,
mcoonon- -.-- s A.— a I
nuo W Lm
Final Order in Condemnation 891761 v3 80078/0029
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1. The Perpetual Easement is for the purpose of laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating, inspecting and using,
or undertaking similar activities, as the City may see fit, for the transmission of sewage, a
pipe or pipes and all necessary braces, connections, fastenings and other appliances, fixtures
and related appurtenances including underground telemetry and electrical cables for use in
connection therewith or appurtenant thereto. The Perpetual Easement shall be subject to
PG &E's pre - existing easement, which is a matter of record (Sonoma County Recorder
Instrument No. 1998- 005- 0930).
2. The Temporary Construction Easement is for the purpose of providing a
temporary construction work area as reasonably necessary for the installation and
construction of a pipe (and all related appurtenances thereto) within the Perpetual Easement.
Such purposes, as reasonably necessary, may include but are not limited to, use of vehicles,
'.nols, machinery, materials and equipment. The Temporary Construction Easement shall be
subject to PG &E's pre- existing easement, which is a matter of record (Sonoma County
Recorder Instrument No. 1998- 005- 0930).
IT IS FURTHER ORDERED AND ADJUDGED that a certified copy of this Final Order be
recorded in the office of the Recorder of Sonoma County, State of California, and thereupon the
Perpetual Easement and the Temporary Construction Easement shall vest in the City.
Dated:
Judge of the Superior Court
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Final Order in Condemnation 8917613 80078/0029