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2005/03/22 City Council ResolutionRESOLUTION NO. 2005 -72 A RESOLUTION APPROVING THE ACQUISITION OF EASEMENTS AND AUTHORIZING THE EXECUTION OF THE RIGHT OF WAY AGREEMENT, GRANT OF EASEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE FOREGOING (Property Owner: Mazzoni) WHEREAS, the City of Rohnert Park is moving forward with the Sewer Interceptor /Outfall Project (the "Project "), which includes the construction a new sewage pipeline connecting the Rohnert Park Sewage Pump Station to the Laguna Subregional Wastewater Treatment Plant; and WHEREAS, Isadore M. and Elaine L. Mazzoni, trustees of the Mazzoni Revocable Trust, ( "Property Owners ") are the owners of certain real property identified as Assessor's Parcel No. 134 -232 -018 more particularly described by deed recorded as document number 1990- 0077102 of Official Records, Sonoma County Records (the "Property "); and WHEREAS, Domenic J. Carinalli, Jr. and Lynda L. Carinalli are tenants upon the Property ( "Lessees "); and WHEREAS, it is in the City's interest to acquire a Perpetual Easement, a Temporary Construction Easement, and a 15 -foot wide Temporary Access Easement (collectively, the "Basements ") over and upon the Property for the purpose constructing, operating and maintaining a new sewage pipeline in furtherance of the Project; and WHEREAS, City staff and consultants have negotiated (1) a proposed Right of Way Agreement with the Property Owners and the Lessees, a copy of which is attached hereto, and (2) a proposed Grant of Easements with the Property Owners, a copy of which is attached hereto, pursuant to which the City would acquire the Easements as more particularly identified, described and depicted therein, upon the satisfaction of certain terms and conditions, including the payment of $9,230 to the Property Owners and $2,640 to the Lessees; and WHEREAS, the Project and the acquisition are consistent with the General Plan; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Rohnert Park approves the purchase of the Easements pursuant to the terms of the Right of Way Agreement and Grant of Easements attached hereto, and authorizes the City Manager to execute the Right of Way Agreement and Grant of Easements, subject to any minor conforming, technical or clarifying changes approved by the City Attorney. The City Council further authorizes the City Manager or his or her designee to take all actions necessary to carry out the Right of Way Agreement, including without limitation the execution of a Certificate of Acceptance, escrow instructions, and the payment of such costs and expenses as reasonably needed to close escrow and/or acquire the Easements, including without limitation the payment closing costs and title insurance. -1- 8100270 80078/0012 The foregoing Resolution was duly and regularly adopted by the City Council of the City of Rohnert Park at a meeting thereof, held on the 22nd day of March 2005: AYES: Five (5) Council Members Flores, Smith, Spradlin, Vidak- Martinez and Mayor Mackenzie NOES: None (0) ' ABSTAIN: None (0) ABSENT: None (0) CITY OF ROIINERT PARK � 7 P —rc "—�j 4: �: — A4ayorhke Mackenzie -2- 810027v1 80078/0012 RIGHT OF WAY AGREEMENT This Agreement is among the City of Rohnert Park, a municipal corporation ( "City "), Isadore M. and Elaine L. Mazzoni, Trustees for the Isadore M. and Elaine L. Mazzoni Revocable Trust (collectively, "Grantor "), and Domenic J. Carinalli, Jr. and Lynda L. Carinalli (collectively, "Lessee "). It is agreed between the parties as follows: 1. PROPERTY TO BE CONVEYED: Grantor agrees to sell to City, and City agrees to purchase from Grantor on the terms and conditions set forth in this Agreement, a perpetual easement (the "Perpetual Easement "), together with a temporary construction easement (the "Temporary Construction Easement "), together with a temporary access easement (the "Temporary Access Easement "), over, upon and across certain real property owned by Grantor and identified as Assessor's Parcel No. 134 - 232 -018 more particularly described by deed recorded as document number 1990 - 0077102 of Official Records, Sonoma County Records (the "Property"). The Perpetual Easement and the Temporary Construction Easement are more particularly described and depicted in Exhibit A and Exhibit B attached hereto and the Temporary Access Easement is depicted in Exhibit C attached hereto (the "Purchased Easement Areas "). The Purchased Easement Areas shall be conveyed by a Grant of Easements (the "Grant of Easements ") in the form attached as Exhibit D. 2. COMPENSATION: The City shall: A. Pay the following sum to Grantor: Nine Thousand Two Hundred Thirty Dollars ($9,230.00) for the Purchased Easement Areas conditioned upon the property vesting in the City free and clear of all liens, encumbrances, easements recorded and/or unrecorded), assessments and taxes except any title exceptions acceptable to City ( "Permitted Exceptions "). The purchase price for the Purchased Easement Areas includes payment for any and all improvements removed and not replaced thereon. B. Pay the following sum to Lessee: Two Thousand Six Hundred Forty Dollars ($2,640.00). Said sum compensates Lessee for anticapated loss of pasture for up to 60 days following Notice to Lessee as set forth in Paragraph 5 herein and for any and all other claims for compensation that Lessee could make against the City in connection with the City's acquisition and use of the Purchased Easement Areas. Said sum shall be paid directly to Lessee within 30 days from the recording of the Grant of Easements vesting title in and to the Purchased Easement Areas in the City. In the event that the loss of pasture exceeds 60 days following the Notice to Lessee due to pipeline construction delays, City shall compensate Lessee $44.00 for each additional day of lost pasture. 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 796594180078/0012 discretion of City, be contingent upon the City's receipt of subordination agreements and /or consents from any deed of trust or mortgage holder trustees and beneficiaries and /or lessees. 3. PUBLIC PURPOSE: City requires the Purchased Easement Area, property not now appropriated to a public use, for the construction, operation and maintenance of a new sewage pipeline, for which City may exercise the power of eminent domain. Grantor, Lessee and and City recognize the expense, time, effort, and risk to both Grantor and City in resolving a dispute over compensation for the Grant of Easements by eminent domain litigation; and the compensation set forth herein for the Grant of Easements is in compromise and settlement, in lieu of such litigation. 4. RIGHT OF POSSESSION AND USE: It is agreed and confirmed by the parties hereto that, not withstanding the other provisions in this Agreement, the right of possession and use of the Purchased Easement Areas 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 April 1, 2005, or recordation of the Grant of Easements, whichever occurs first, and that the compensation amount shown above includes, but is not limited to full payment for such possession and use, including damages, if any, from said date. 5. CITY OBLIGATIONS DURING CONSTRUCTION: A. Currently there are fences over and across the Purchased Easement Areas. In the City's reasonable discretion, it may replace said fencing with temporary fencing and /or gates to allow for City access to the Purchased Easement Areas. Upon completion of the construction, the City shall install new permanent fencing in kind. B. In addition, prior to the installation of the pipeline referenced in paragraph 3 above, the City shall install a new 14 foot gate and 160 feet of new fencing along the northerly boundary of the Perpetual Easement from the easterly boundary of the Property to a fence line to the west. The gate shall be comprised of metal pipe, and the fence shall be comprised of four strands of barbed wire with metal T posts. Following the installation of the new 14 foot gate and 160 feet of new fencing, City shall give Lessee 5 days written notice of the commencement of the construction of the pipeline upon the Property ("Notice to Lessee "). 6. REPRESENTATIONS AND WARRANTIES: A. Grantor and Lessee represents and warrant that each is not aware of any underground storage tanks on the Purchased Easement Area and is not aware of any hazardous, toxic or petroleum product substances or materials in, on or near the Purchased Easement Area. Grantor and Lessee acknowledge that City has informed each 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 2 796594v 1 80078/0012 Agreement and to convey the Purchased Easement Area and, by said Grant of Easement, does convey the Purchased Easement Area free and clear of all taxes, assessments, encumbrances, easements, licenses, liens, deeds of trust, and claims of any kind whatever, except for such matters as may be waived by the City. Grantor further represents and warrants that it is not under contract with any other party for the purchase and sale of the Property. Grantor agrees to indemnify, defend with counsel approved by City, hold harmless and reimburse City and City 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 shall survive close of escrow and recordation of the Grant of Easements. The representations and warranties set forth above shall survive close of escrow and recordation of the Grant of Easements. 7. LIABILITY: City shall be liable for injury to person or property arising out of negligent acts of City, its employees, its agents and its contractors on the Property. ESCROW: A. The Grant of Easements shall be executed and delivered to the escrow company for the purpose of placing the Grant of Easements 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 to escrow by City. This transaction shall be handled through an escrow with Old Republic Title Company under Commitment No. 0508004452. 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 delivery the purchase price to Grantor, less amounts necessary to place title in the condition required by this Agreement. When title to the Easements vest 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 vested in City, subject only to the Permitted Exceptions. 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 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 deed, pay the purchase price amount directly to Grantor, and record the Grant of 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. 3 7965940 80078/0012 9. TRUST DEED AND MORTGAGE PAYMENT: Any or all monies payable to Grantor under this Agreement up to and 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. 10. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective successors, heirs, assigns and transferees. 11. NOTIFICATION: In the event Grantor sells, conveys, or assigns any property interests encumbered by this Agreement, Grantor shall notify the successor or assignee of the rights and obligations of both parties as included herein. 12. 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. 13. ENTIRE AGREEMENT: This Agreement, together with its attachments, represents the full and complete understanding of the parties with respect to the transaction, rights and obligations contemplated by this Agreement. Any prior or contemporaneous oral or written agreements by and between the parties or their agents and representatives with respect to this acquisition are revoked and extinguished by this Agreement. 14. 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 without being impaired or invalidated in any way. 15. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 16. AUTHORITY AND EXECUTION: Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and 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 full right and authority to enter into this Agreement and perform all of its obligations hereunder. 17. CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to in resolving questions of interpretation. 18. 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. 4 796594v 1 80078/0012 19. 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. 20. AMENDMENT: This Agreement shall not be modified or amended except by an instrument in writing executed by each of the parties hereto, By: 1--d r �&%p !M4 q" - ! ?%% 0 Isadore M. Mazzoni, Trustee By. t Elaine f. Mazzo rustee LESSEE: By: Domenic J. inalli, Jr. By: Lynda L. Carinalli CITY OF ROHNERT PARK, A Municipal Corporation Resolution Number: APPROVED AS TO FORM: City Attorney 5 796594v l 80078/0012 Dated:--- /�fil� 11. -d Dated: �� 3 -► zy- Dated: ZJ- t-, , U Dated: EXHIBIT A All that certain real property situate in the County of Sonoma, State of California, being a portion of the lands of Isadore M & Elaine L. Mazzoni., as described by deed recorded under document number 1990- 0077102, Sonoma County Records, being more particularly described as follows: PERPETUAL EASEMENT A strip of land 20 feet wide, the centerline of which is described as follows: COMMENCING 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 °01'23" West, 230.30 feet; thence leaving said southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to the westerly line of said lands of Moretti, being a point on the easterly 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 Records, from which point the northerly corner of said lands bears North 20 °27'39" West, 301.29 feet; thence continuing South 88 °51'28" West, 102.45 feet more or less to the easterly line of lands of Frabotta as described by deed recorded under document number 1997 - 0037837, Sonoma County Records, being a point on the westerly line of said lands of Sonoma County Water Agency, from which point the northerly corner of said lands bears North 00'36'16" West, 184.34 feet; thence South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11 feet; thence South 88 °51'28" West, 268.99 feet, to the westerly line of said lands of Frabotta being the TRUE POINT OF BEGINNING; thence continuing South 88 °51'28" West, 371.61 feet; thence along a line parallel to said northeasterly line and 10.00 feet northeasterly to a point lying 10.00 feet northeasterly of and measured perpendicularly to the northeasterly line of the lands of Sonoma County Water Agency recorded on April 14, 1975 in Book 2948 of Official Records at page 917, Sonoma County Records ; thence North 41 °23'43" West, 490.35 feet to the westerly line of said lands of Mazzoni, the terminus of this easement. Containing 17,239 square feet, more or less. The sidelines of said strip shall be shortened or lengthened to terminate at the westerly and easterly lines of the said lands of Mazzoni. Basis Of Bearings: The bearings of this description are based on the California Coordinate System (NAD '83 Zone 2) as shown on that certain 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. Jonathan R. Olin LS 7590 Expires 3/31/06 End Of Description J: \04\205632\SURVEY\134- 232- 018.doc Page 1 of 1 FOUND BRASS DISC PER R2 APN z to r w 134 -251 -054 N721 o3ss� "W N J FOUND 3/4" IRON PIPE U N <� SONOMA COUNTY WATER AGENCY 20.00' EASEMENT LANDS OF E. 2953 OR 301 M O R E TTI Q 10.00' S88'51'28 "W S7 68058 "W 10.00' P.O.C. 102.45' �`�► APN ,t 134 - 251 -049 N 0 LANDS OF M AZZON I N41 *23'43"W 490.35' APN �� �y 134- 232 -018 A� o'A �9 ir %9,,� 0 lo. 'ay V' " w WILFRED AVE N89'15'00 "E 591.15 R1 S89 °01'23 "W 591.19 M APN 1' 134 - 251 -053 �qJ y �v 255 MAPS 34 20.00' EASEMENT F-10.00' T.P.O.B --., S88'51'28 "W 371.61' 2 LINE TABLE LINE BEARING LENGTH L1 N52'56'1 2"E* 118.11'* L2 S00'36'1 6"E* 184.34'* L3 N00'36'1 6 "W* 147.20'* L4 N20'27'39 "W* 301.29' * =PER R2 AND MEASURED i LANDS OF FRABOTTA r-r�, APN z J 134- 232 -048 S88'51'28 "W 53'32 "W S88'51'28 "W = V N 268.99 91.11' 1' J 71 � 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 ® EASEMENT AREA AREA 0 0 N 6 U L T I N 9 ■N91N ■[N9 EASEMENT AREA R1 =255 MAPS 34 R2 =2953 OR 301 EXHI M tTf Iv Asp 18 LANDS OF MAZZONI PERPETUAL EASEMENT IN FAVOR OF CITY OF ROHNERT PARK Scale: 1"=200' Date: 1/26/05 DWN. AE8 APN I SHEET N0, HK. JRO 134- 232 -018 1 OF 1 LC All that certain real property situate in the County of Sonoma, State of California, being a portion of the lands of Isadore M & Elaine L. Mazzoni., as described by deed recorded under document number 1990- 0077102, Sonoma County Records, being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT COMMENCING 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 °01'23" West, 230.30 feet; thence leaving said southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to the westerly line of said lands of Moretti, being a point on the easterly 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 Records, from which point the northerly corner of said lands bears North 20 027'39" West, 301.29 feet; thence continuing South 88 °51'28" West, 102.45 feet more or less to the easterly line of lands of Frabotta as described by deed recorded under document number 1997 - 0037837, Sonoma County Records, being a point on the westerly line of said lands of Sonoma County Water Agency, from which point the northerly corner of said lands bears North 00136'16" West, 184.34 feet; thence South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11 feet; thence South 88 °51'28" West, 268.99 feet, to the westerly line of said lands of Frabotta; thence continuing South 88 °51'28" West, 291.61 feet; thence South 01 °08'32" East, 10.00 feet to the TRUE POINT OF BEGINNING: thence South 88 °51'28" West, 84.64 feet to the southwesterly line of said lands of Mazzoni, thence along said line, South 41 123'43" East, 130.98 feet; thence leaving said line, North 01'08'32" West, 99.97 feet to the TRUE POINT OF BEGINNING. Containing 4,230 square feet, more or less. Basis Of Bearings: The bearings of this description are based on the California Coordinate System (NAD '83 Zone 2) as shown on that certain 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 terminate either on the first anniversary date of the filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007, whichever is earlier. q Jonathan R. Olin LS 7590 4` Expires 3/31/06 End Of Description JA04\205632 \SURVEY\F1NAL EASEMENTS \134- 232- 018TMP.doc aF CALO Page 1 of 1 ,/4� CL n D D N 9 N c FOUND BRASS DISC PER R2 APN 134 -251 -054 FOUND 3/4" IRON PIPE C r� SONOMA COUNTY WATER AGENCY 2953 OR 301 20.00' EASEMENT 10.00' S88'51'28 "W S88 °51'28 "W r 10.00' 102.45' F 768.05' FF a rw oar 0 APN 134 -251 -049 LANDS OF MAZZONI 9 O W 0 �y � 2C 588'51'28 "W -- 84.64' \ S41'23'4� "E 130.98 79'53'34 "W 210.86 N LANDS OF MORETTI P.O.C. ,oW U i 4,J ro WILFRED AVE `�— N8915'00 "E 591.15 R1 S89 °01'23 "W 591.19 M APN 134 - 251 -058 yak 255 MAPS 34 APN 134 -232 -018 S01'0Q2 "E 100 20.00' EASEK \ F10.00' X10.00' LINE TABLE LINE BEARING LENGTH L1 N52'56'1 2 "E* 118.11'* L2 S00'36'1 6 "E* 184.34'* L3 N00'36'1 6 "W* 147.20'* L4 N20'27'39 "W* 301.29' * =PER R2 AND MEASURED r- N79'53'32 "W S88'51'28 "W S88'51 28 " W \ 191.11' 279.01 268.99' AP 134 -232 -048 P.O.B. S88 51 28 W _ 291.61' N01'08'3� W 99.97 — LEGEND O FOUND MONUMENT AS NOTED R1 =255 MAPS 34 • FOUND 1/2" IRON PIPE PER R1 R2 =2953 OR 301 P.O.C. =POINT OF COMMENCEMENT T.P.O.B. =TRUE POINT OF BEGINNING 2OMM p p5r 98 qD s$ PARCEL LINE �C(/Q�j"j� u CENTER LINE LANDS OF MAZZONI ® TEMPOARY CONSTRUCTION EASEMENT TEMPOARY EASEMENT AREA IN FAVOR OF CITY OF ROHNERT PARK p AREA Scale: 1"=200' Date: 1/26/05 C ON G U L T I N G E N G I N E E R S TEMPOARY EASEMENT AREA D". '°'E8 N SHEET N0. 4,230 SF CHK. JRO 1 134- 232 -018 1 1 OF 1 Nu h m X 1]1 When recorded return to: Department of Engineering City of Rohnert Park City Hall 6750 Commerce Blvd. Rohnert Park, CA 94928 -2411 E:X4%51r D [Exempt from recording fee per Gov. Code, § 273831 Grant of Easements This Grant of Easements is made this _ day of March 2005, by and between Isadore M. and Elaine L. Mazzoni, Trustees for the Isadore M. Mazzoni and Elaine L. Mazzoni Revocable Trust ( "Grantor ") and the City of Rohnert Park, a municipal corporation ( "Grantee "). Recitals A. Grantor is the owner of that certain real property in Santa Rosa, County of Sonoma, State of California, commonly known as 4344 Walker Ave. and identified as Assessor's Parcel No. 134 -232- 018, more particularly described by deed recorded as document number 1990- 0077102 of Official Records, Sonoma County Records (the "Property"). B. Grantee is in the process of acquiring real property interests for the purpose, inter alia, of the construction and future operation and maintenance of a sewer interceptor /outfall project. Terms and Conditions Now therefore, in consideration of the foregoing recitals and for good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee a perpetual easement and right of way (the "Perpetual Easement ") for the purpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating, inspecting and using, or undertaking similar activities, as the Grantee 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, in, under, along and across that certain real property more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference (the "Perpetual Easement Area "). The Perpetual Easement includes the right of ingress to, and egress from, the Perpetual Easement Area over, upon and across the Property, and the right at all times to enter in, over and upon the 792060v 1 80078/0012 Perpetual Easement Area and every part thereof to perform the actions stated above by the Grantee, its employees, its agents and its contractors with vehicles and equipment. 2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, or assigns shall not place or permit to be placed on the Perpetual Easement Area any building or structure, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, and patios nor do nor allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein granted. The above paragraph notwithstanding Grantor reserves the right to use or to landscape the Perpetual Easement Area or to plant annual crops in the manner consistent with the Grantee's use; however, such use by Grantor shall not include the planting of trees or perennial vines nor a change in the existing elevation (grade) of the Perpetual Easement Area by more than one (1) foot without first obtaining prior written consent of the Grantee. 3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the Perpetual Easement forever, solely for the objects and purposes above stated and for no other object or purpose. 4. Grantee's Responsibilities Regarding the Perpetual Easement. The pipe(s) described in paragraph 1 shall be constructed and maintained at a depth of at least eighteen (18) inches below the present surface of the ground, and Grantee shall, upon the completion of any of its works hereunder, restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. 5. Grant of Temporary Construction Easement. Grantor hereby grants and conveys to Grantee a temporary construction easement ( "Temporary Construction Easement ") with the right of immediate entry by the City, its employees, its agents, and its contractors upon the real property described and depicted in Exhibit B attached hereto and incorporated herein by reference 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) on adjacent property. Such purposes, as reasonably necessary, may include but are not limited to, use of vehicles, tools, machinery, materials and equipment, removal of existing miscellaneous improvements and landscaping, and use for traffic detours, and reconstruction of existing driveways and walkways if necessary for the installation or construction of the pipe. 6. Grant of Temporary Access Easement. Grantor hereby grants and conveys to Grantee a temporary access easement ("Temporary Access Easement ") with the right to construct a temporary, 15- foot wide road with gravel, temporary asphalt or other suitable materials of the Grantor's choosing, and the right of immediate entry by the City, its employees, its agents, and its contractors with vehicles and equipment for use during the construction of the pipeline. The Temporary Access Easement, depicted in Exhibit C attached hereto and incorporated herein by reference, shall cross the Property between the driveway entrance at Walker Avenue and the westerly end of the Perpetual Easement Area. 7. Duration of Temporary Construction Easement and Temporary Access Easement. The Temporary Construction Easement and the Temporary Access Easement shall terminate either on the 792060v 1 80078/0012 first anniversary date of the filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007, whichever is earlier. 8. Grantee's Responsibilities Regarding_ Temporary Construction Easement and Temporary Access Easement. Grantee shall, upon the completion of any of its works under the Temporary Construction Easement and the Temporary Access Easement, restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. 9. Title and Warranty. Grantor represents and warrants that Grantor is the sole fee owner of the Property, that Grantor is not under contract with any other party for the purchase and sale of the Property,. Owner agrees to indemnify, defend with counsel approved by Grantee, hold harmless and reimburse Grantee and Grantee's 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 attorney's 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 shall survive the close of escrow and recordation of this Grant of Easements. In Witness thereof, the representatives of the parties hereto have executed this Grant of Easements as of the date first above written. 792060v1 80078/0012 Grantor: By: V' Jx �Y \ ? I Isadore M. Mazzoni, Trustee Date: By: Elaine L. Mazzoni, Trustee Date: Grantee: By: L Yc 1-� 1 ij I Date: Approved as to form; Attorney for Grantee CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed above is hereby accepted by order of the Council of the City of Rohnert Park pursuant to Council Resolution No. dated and grantee consents to recordation thereof by its duly authorized officer. Dated: CITY OF ROHNERT PARK, A Municipal Corporation ATTACH NOTARY PUBLIC ACKNOWLEDGEMENTS 792060v1 80078/0012 When recorded return to: Department of Engineering City of Rohnert Park City Hall 6750 Commerce Blvd. Rohnert Park, CA 94928 -2411 [Exempt from recording fee per Gov. Code, § 27383] Grant of Easements This Grant of Easements is made this � eZ �c�ay of March 2005, by and between Isadore M. and Elaine L. Mazzoni, Trustees for the Isadore M. Mazzoni and Elaine L. Mazzoni Revocable Trust ( "Grantor'Tand the City of Rohnert Park, a municipal corporation ( "Grantee "). Recitals A. Grantor is the owner of that certain real property in Santa Rosa, County of Sonoma, State of California, commonly known as 4344 Walker Ave. and identified as Assessor's Parcel No. 134 -232- 018, more particularly described by deed recorded as document number 1990- 0077102 of Official Records, Sonoma County Records (the "Property"). B. Grantee is in the process of acquiring real property interests for the purpose, inter alia, of the construction and future operation and maintenance of a sewer interceptor /outfall project. Terms and Conditions Now therefore, in consideration of the foregoing recitals and for good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee a perpetual easement and right of way (the "Perpetual Easement ") for the purpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating, inspecting and using, or undertaking similar activities, as the Grantee 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, in, under, along and across that certain real property more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference (the "Perpetual Easement Area "). The Perpetual Easement includes the right of ingress to, and egress from, the Perpetual Easement Area over, upon and across the Property, and the right at all times to enter in, over and upon the 792060v1 80078/0012 Perpetual Easement Area and every part thereof to perform the actions stated above by the Grantee, its employees, its agents and its contractors with vehicles and equipment. 2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, or assigns shall not place or permit to be placed on the Perpetual Easement Area any building or structure, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, and patios nor do nor allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein granted. The above paragraph notwithstanding Grantor reserves the right to use or to landscape the Perpetual Easement Area or to plant annual crops in the manner consistent with the Grantee's use; however, such use by Grantor shall not include the planting of trees or perennial vines nor a change in the existing elevation (grade) of the Perpetual Easement Area by more than one (1) foot without first obtaining prior written consent of the Grantee. 3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the Perpetual Easement forever, solely for the objects and purposes above stated and for no other object or purpose 4. Grantee's Responsibilities Regarding the Perpetual Easement. The pipe(s) described in paragraph 1 shall be constructed and maintained at a depth of at least eighteen (18) inches below the present surface of the ground, and Grantee shall, upon the completion of any of its works hereunder, restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. 5. Grant of Temporary Construction Easement. Grantor hereby grants and conveys to Grantee a temporary construction easement ( "Temporary Construction Easement ") with the right of immediate entry by the City, its employees, its agents, and its contractors upon the real property described and depicted in Exhibit B attached hereto and incorporated herein by reference 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) on adjacent property. Such purposes, as reasonably necessary, may include but are not limited to, use of vehicles, tools, machinery, materials and equipment, removal of existing miscellaneous improvements and landscaping, and use for traffic detours, and reconstruction of existing driveways and walkways if necessary for the installation or construction of the pipe. 6. Grant of Temporary Access Easement. Grantor hereby grants and conveys to Grantee a temporary access easement ( "Temporary Access Easement ") with the right to construct a temporary, 15- foot wide road with gravel, temporary asphalt or other suitable materials of the Grantor's choosing, and the right of immediate entry by the City, its employees, its agents, and its contractors with vehicles and equipment for use during the construction of the pipeline. The Temporary Access Easement, depicted in Exhibit C attached hereto and incorporated herein by reference, shall cross the Property between the driveway entrance at Walker Avenue and the westerly end of the Perpetual Easement Area. 7. Duration of Temporary Construction Easement and Temporary Access Easement. The Temporary Construction Easement and the Temporary Access Easement shall terminate either on the 7920600 80078/0012 first anniversary date of the filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007, whichever is earlier. 8. Grantee's Responsibilities Regarding Temporary Construction Easement and Temporary Access Easement. Grantee shall, upon the completion of any of its works under the Temporary Construction Easement and the Temporary Access Easement, restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. 9. Title and Warranty. Grantor represents and warrants that Grantor is the sole fee owner of the Property, that Grantor is not under contract with any other parry for the purchase and sale of the Property,. Owner agrees to indemnify, defend with counsel approved by Grantee, hold harmless and reimburse Grantee and Grantee's 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 attorney's 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 shall survive the close of escrow and recordation of this Grant of Easements. In Witness thereof, the representatives of the parties hereto have executed this Grant of Easements as of the date first above written. 792060v 1 80078/0012 Grantor: Grantee: By- Isadore M. Mazzoni, Trustee Date: ,Got GS�., J ;?, ®� BY: lain L. Mazzo rustee Date: r� Date: Approved as to form: LIZ Attorney for Grantee CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed above is hereby accepted by order of the Council of the City of Rohnert Park pursuant to Council Resolution No. dated and grantee consents to recordation thereof by its duly authorized officer. Dated: CITY OF ROHNERT PARK, A Municipal Corporation ATTACH NOTARY PUBLIC ACKNOWLEDGEMENTS 7920600 80078/0012 All that certain real property situate in the County of Sonoma, State of California, being a portion of the lands of Isadore M & Elaine L. Mazzoni., as described by deed recorded under document number 1990 - 0077102, Sonoma County Records, being more particularly described as follows: PERPETUAL EASEMENT A strip of land 20 feet wide, the centerline of which is described as follows: COMMENCING 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 °01'23" West, 230.30 feet; thence leaving said southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to the westerly line of said lands of Moretti, being a point on the easterly 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 Records, from which point the northerly corner of said lands bears North 20 °27'39" West, 301.29 feet; thence continuing South 88 °51'28" West, 102.45 feet more or less to the easterly line of lands of Frabotta as described by deed recorded under document number 1997 - 0037837, Sonoma County Records, being a point on the westerly line of said lands of Sonoma County Water Agency, from which point the northerly corner of said lands bears North 00'36'16" West, 184.34 feet; thence South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11 feet; thence South 88 °51'28" West, 268.99 feet, to the westerly line of said lands of Frabotta being the TRUE POINT OF BEGINNING-, thence continuing South 88 °51'28" West, 371.61 feet; thence along a line parallel to said northeasterly line and 10.00 feet northeasterly to a point lying 10.00 feet northeasterly of and measured perpendicularly to the northeasterly line of the lands of Sonoma County Water Agency recorded on April 14, 1975 in Book 2948 of Official Records at page 917, Sonoma County Records ; thence North 41 °23'43" West, 490.35 feet to the westerly line of said lands of Mazzoni, the terminus of this easement. Containing 17,239 square feet, more or less. The sidelines of said strip shall be shortened or lengthened to terminate at the westerly and easterly lines of the said lands of Mazzoni. Basis Of Bearings: The bearings of this description are based on the California Coordinate System (NAD '83 Zone 2) as shown on that certain 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. Jonathan R. Olin LS 7590 Expires 3/31/06 End Of Description J: \04\205632 \SURVEY\l 34- 232- 018.doc Page 1 of 1 i /3iA "S r� r APN ,r 134 - 251 -049 to N Ot3� O LANDS OF M AZZON I P3 %ov N41'23'43 "W 490.35' s lOW l- 134- 232 -018 �ti 0 14 )6 9cFyc r 10.00' z "d u' '' w WILFRED AVE N89'15'00 "E 591.15 R1 S89 °01'23 "W 591.19 M APN 134 -251 -056 �q', �k ti 20.00' EASEMENT 10.00' T.P.O.B -� S88'51'28 "W 371.61' C LINE TABLE APN BEARING LENGTH FOUND BRASS DISC PER R2 134 -251 -054 N79-5 N52'56'12 "E* w ss4 "W N _.! FOUND 3/4" IRON PIPE N00'36'1 6 "W* 147.20'* LANDS OF N20 °27'39 "W* V J �� SONOMA COUNTY WATER AGENCY 20.00' EASEMENT 2953 OR 301 M O R E TTI Q 10.00' S88'51'28 "W S88'51'28 "W 10.00, 768.05' P.O. C. 102.45' r� r APN ,r 134 - 251 -049 to N Ot3� O LANDS OF M AZZON I P3 %ov N41'23'43 "W 490.35' s lOW l- 134- 232 -018 �ti 0 14 )6 9cFyc r 10.00' z "d u' '' w WILFRED AVE N89'15'00 "E 591.15 R1 S89 °01'23 "W 591.19 M APN 134 -251 -056 �q', �k ti 20.00' EASEMENT 10.00' T.P.O.B -� S88'51'28 "W 371.61' C LINE TABLE LINE BEARING LENGTH L1 N52'56'12 "E* 118.11'* L2 S00'36'16 "E* 184.34'* L3 N00'36'1 6 "W* 147.20'* L4 N20 °27'39 "W* 301.29' * =PER R2 AND MEASURED LANDS OF FRABOTTA r�r;� Lu APN z J 134 -232 -048 S88'51'28 "W 79'53'32 "W S88'51'28 "W = N 268.99' 191.11' 279.01' hV- J LEGEND 0 FOUND MONUMENT AS NOTED R1 =255 MAPS 34 • FOUND 1/2" IRON PIPE PER R1 R2 =2953 OR 301 P.O.C. =POINT OF COMMENCEMENT T.P.O.B. =TRUE POINT OF BEGINNING EXH((�� ��VVJJ�MLI� 5� O D I U 99 n 99 PARCEL LINE CENTER LINE LANDS OF MAZZONI PERPETUAL EASEMENT ® EASEMENT AREA F CITY OF ROHNERT PARK r �FY T_.y AREA Scale: 1"=200' Date: 1 fSHEATNO. 6 5 C o N s u L T I N a ■ N a 1 N E E N a EASEMENT AREA D aEe APN 17,239 SF cHK. JRO 134- 232 -018 OF 1 0.4 1"VrOW811 All that certain real property situate in the County of Sonoma, State of California, being a portion of the lands of Isadore M & Elaine L. Mazzoni., as described by deed recorded under document number 1990- 0077102, Sonoma County Records, being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT COMMENCING 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 °01'23" West, 230.30 feet; thence leaving said southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to the westerly line of said lands of Moretti, being a point on the easterly 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 Records, from which point the northerly corner of said lands bears North 20 °27'39" West, 301.29 feet; thence continuing South 88 °51'28" West, 102.45 feet more or less to the easterly line of lands of Frabotta as described by deed recorded under document number 1997 - 0037837, Sonoma County Records, being a point on the westerly line of said lands of Sonoma County Water Agency, from which point the northerly corner of said lands bears North 00'36'16" West, 184.34 feet; thence South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11 feet; thence South 88 °51'28" West, 268.99 feet, to the westerly line of said lands of Frabotta; thence continuing South 88 °51'28" West, 291.61 feet; thence South 01 °08'32" East, 10.00 feet to the TRUE POINT OF BEGINNING; thence South 88 °51'28" West, 84.64 feet to the southwesterly line of said lands of Mazzoni, thence along said line, South 41 °23'43" East, 130.98 feet; thence leaving said line, North 01 °08'32" West, 99.97 feet to the TRUE POINT OF BEGINNING. Containing 4,230 square feet, more or less. Basis Of Bearings: The bearings of this description are based on the California Coordinate System (NAD '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT PARIS 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 terminate either on the first anniversary date of the filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007, whichever is earlier. Jonathan R. Olin LS 7590 �° L Expires 3/31/06 End Of Description c1+ P JA04\205632\SURVEY\FINAL EASEMENTS\1 34-232-01 8TMP.doc l� of CAU L Page 1 of 1 a CD _ 0 0 N N c c� LANDS OF MAZZONI -vim 9 Of 9GF� � yC S88'51'28 "W — 84.64' S41'23'4y3 "E 130.98 APN 134 -232 -018 S01'08'�2 "E 1000 20.00' EASEM \ FF 10.00' r10.00' LINE TABLE APN BEARING LENGTH FOUND BRASS DISC PER R2 134 -251 -054 " N52'56'1 2 "E* 118.11'* L2 N � FOUND 3/4" IRON PIPE N00'36'1 6 "W* 147.20'* S OF N20-27'39 "W* 1 L2�'1'0'j r� SONOMA COUNTY WATER AGENCY 20.00' EASEME 2953 OR 301 E TTI 10.00' S88' 51'28 "W S88'51'28 "W 768.05' 10.00° P.O.C. 102.45' S89'01 23 W WILFRED AVE 230.30 z _ N8915'00 "E 591.15 R1 "W APN S89 °01'23 591.19 M ®� s W 134 -251 -049 APN zo 134 -251 -058 z 255 MAPS 34 LANDS OF MAZZONI -vim 9 Of 9GF� � yC S88'51'28 "W — 84.64' S41'23'4y3 "E 130.98 APN 134 -232 -018 S01'08'�2 "E 1000 20.00' EASEM \ FF 10.00' r10.00' LINE TABLE LINE BEARING LENGTH L1 N52'56'1 2 "E* 118.11'* L2 S00'36'1 6 "E* 184.34* L3 N00'36'1 6 "W* 147.20'* L4 N20-27'39 "W* 301.29' * =PER R2 AND MEASURED LANDS OF FRABOTT� T - N79'53'32 "W S88'51'28 "W S'18'51 '28"W \ 191.11' 279.01' 268.99' T7 APN 134- 232 -048 .P.0.B. S88 51 28 W _ 291.61' N01'08'3, W \ 99.97 N J LEGEND O FOUND MONUMENT AS NOTED R1 =255 MAPS 34 FOUND 1/2" IRON PIPE PER R1 R2 =2953 OR 301 P.O.C. =POINT OF COMMENCEMENT T.P.O.B. =TRUE POINT OF BEGINNING (� 2 98 99 PARCEL LINE EXHIBIT CENTER LINE LANDS OF MAZZONI ® TEMPOARY CONSTRUCTION EASEMENT TEMPOARY EASEMENT AREA IN FAVOR OF CITY OF ROHNERT PARK AREA Scale: 1, Date: 1/26/05 c o N a U L T I N G E N 6 I N E E R m TEMPOARY EASEMENT AREA D". AEB APN SHEET NO. 4,230 SF CHK. JRO 134 -232 -018 1 OF 1 U m Y X 1]1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ���(\ On ®� �•1- \ d before me, Date ss.�{� �t �,� � \ C %� 0,-. L� �t1- •r 4\ . \`� b 1 \-C- and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared J (k a\© `c :�L V)i, %, AA a 22o vs 4\ CJ` to Name(s) of Signer(s) 0. e Q PATRICIA HOMRIG Commission # 1424426 Notary Public - California Sonoma County My Comm. Expires Jul 4, 2007 Place Notary Seal Above ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) / /are subscribed to the within instrument and acknowledged to me that -lle4h'e /they executed the same in +ft' w /their authorized capacity(ies), and that by klie/4ier /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S nd and offici I al. k Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .p of - -v-_ ESQ\ Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here AW:�a�::�a�:`-