AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
BETWEEN REPUBLIC FAIRFIELD LLC AND CITY OF FAIRFIELD FOR
ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS
(AVIATRIX DEVELOPMENT PUBLIC STREET INFRASTRUCTURE -
STREET A AND PEABODY ROAD)
This AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
BETWEEN REPUBLIC FAIRFIELD LLC AND CITY OF FAIRFIELD FOR ACQUISITION
OF CERTAIN REAL PROPERTY INTERESTS (AVIATRIX DEVELOPMENT PUBLIC STREET INFRASTRUCTURE - STREET A AND PEABODY ROAD) (Agreement) is entered into between Republic Fairfield LLC (referred to herein as Developer), on the one hand, and the CITY. OF FAIRFIELD, a municipal corporation (referred to herein as City), on the other hand.
This Agreement is effective on the date it is fully executed (Effective Date). Developer and City are sometimes referred to below collectively as Parties.
RECITALS
A. RESOLUTION NO. PC 2023-01 - Master Planned Unit Development Application PUD2022-001. An application for a Master Planned Unit Development Application (PUD2022-001) for a proposed Master Planned Unit Development Permit for Planning Area 1 of the Fairfield Train Station Specific Plan, along with related applications for Development Review - Community Design Plan (DR2022-003), and Environmental Review - Mitigation Monitoring (ER2022-001) (collectively Development Project) was properly filed with the Community Development Department on January 18, 2022 in accordance with the rules and regulations governing the official filing of such applications.
I. On January 11, 2023, the Planning Commission held a duly noticed public hearing and adopted City of Fairfield Planning Commission Resolution PC2023-0l, a Resolution of the Fairfield Planning Commission Approving a Master Planned Unit Development Permit (PUD2022-001) (Master PUD) for "Planning Area l" of the Fairfield Train Station Specific Plan and Development Review (DR2022-003) for a Community Design Plan for an Approximately 13 I-Acre Site at the Northwest Corner of Cement Hill Road and Peabody Road (APNS: 0166- 110-150;-l 90;-280;-200;-2 l 0;-130;-3 l 0;-230;-300;-120;-240;-250;-410;-260;-1270;-390;-l 00; - 140). The approximate 131-acre site is referred to below as the MPUD Property.
2. At said hearing, City staff presented substantial factual information regarding the Development Project in staff reports and through oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding said Master PUD Permit. The Planning Commission reviewed proposed revisions to the Train Station Specific Plan and found these revisions beneficial and consistent with the principles and objectives of the Specific Plan, consistent with the goals, objectives and policies of the City's General Plan, and that the Master PUD Permit would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
I 1245-0144\l 116997vl0.doc -1-
3. In approving RESOLUTION NO. PC2023-0l, the Planning Commission adopted several findings in support of the Master PUD Permit. It found that the Master PUD Permit is consistent with the General Plan goals, objectives and policies. It also found that the Master PUD Permit is consistent with Specific Plan goals, policies, standards and design criteria.
In addition, it found that the Master PUD Permit is consistent with the Train Station Specific Plan PUD Overlay Zone.
4. In approving RESOLUTION NO. PC2023-0l, the Planning Commission found that an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously adopted for the Train Station Specific Plan, which includes all land covered by the Master PUD Permit. Any potentially significant impacts of the Development Project are identified in the EIR, and compliance with mitigations from the EIR is a requirement of the Master PUD Permit, as outlined in Section B of the Permit. It also found that any potentially significant negative impacts on environmental quality and natural resources have been properly mitigated. For this reason, the Master PUD Permit complies with the California Environmental Quality Act (CEQA). An Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously adopted for the Train Station Specific Plan, which includes all land subject to this Development Review request. The Development Project is conditioned to comply with a Master Planned Unit Development Permit for Planning Area 1 of the Train Station Specific Plan, the terms of which require the Master PUD Permit to comply with all applicable mitigation measures in the EIR.
B. RESOLUTION NO. PC2023-02 - TENTATIVE SUBDIVISION MAP (TS2021-005) AND DEVELOPMENT REVIEW (DR2021-020). On January 25, 2023, the Fairfield Planning Commission held a duly noticed public hearing to consider the development application for Tentative Subdivision Map (TS2021-005) and Development Review (DR2021- 020) to subdivide a 25.80-acre site off Peabody Road (APNs: 0166-110-120 and 0166-110-410) into 123 lots for development of 346 townhomes (DR 2021-020) (referred to below, collectively, as the Developer Project). The Planning Commission considered the City staff presentation, the substantial factual information regarding the proposed Developer Project in staff reports, and the oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding DR2021-020. The Planning Commission approved Resolution No. PC2023-02, Resolution of the Fairfield Planning Commission Granting Tentative Subdivision Map (TS202 l-005) and Development Review (DR2021-020) Approval to Subdivision of a± 25.80 Acre Site off Peabody Road (APNS: 0166- 110-120 and O 166-110-410) into 123 lots for development of 346 townhome units and associate site improvements.
I. The Planning Commission adopted several findings in support of TS2021- 005. Specifically, it found that the proposed subdivision, together with the provision for its design and improvement, is consistent with the City's General Plan in that the General Plan designates the area for Train Station Specific Plan Area 1 (TSSP-PAI) development. It also found that the site is physically suitable for the type and proposed density of development and, with proper development techniques, may be developed into its intended use; the design of the subdivision or proposed improvements are not likely to cause substantial environmental damage, and will not substantially and avoidably injure fish or wildlife of their habitat; the design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the 11245-014413 ! 16997vl0.doc -2-
community water and sewer systems are available to the site. The Planning Commission further found that the design of the subdivision or the type of improvements will not conflict with easement acquired by the public for access through, or use of the property within the proposed subdivision, in that there are not access easements for use by the public at large existing on the subject site and that the discharge of waste from the proposed subdivision into the community sewer serving said proposed subdivision will not result in or add to a violation of the waste discharge requirements applicable to said sewer system which were prescribed by the California Regional Water Quality Control Board, San Francisco Bay Region, in that the existing Fairfield Suisun Sewer District treatment plant has adequate capacity.
2. The Planning Commission also adopted several findings in support of DR2021-020. Specifically, it found that DR2021-020 is consistent with the General Plan and Zoning Ordinance, and any applicable Area wide or Specific Plan. It also found that the exterior design and appearance of said Developer will not cause the nature of the neighborhood to economically, physically, or visually decline; DR202 l-020 is of high quality design consistent with applicable design policies and standards of the City; and any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated and DR202 l- 020 complies with CEQA.
3. The Planning Commission adopted RESOLUTION PC2023-02, subject to conditions contained in EXHIBIT A to said Resolution.
C. RESOLUTION NO. PC2024-01 (DR2024-001). On March 27, 2024, the Planning Commission held a duly noticed public hearing and adopted City of Fairfield Planning Commission Resolution PC2024-0l, a Resolution of the Fairfield Planning Commission Granting Development Review (DR2024-001) Approval for On-Site Improvement Revisions for 346-Unit Aviatrix Project Located on a ±25.80 Acre Site Off Peabody Road (APNS: 0166-110-120 and 0166-110-410) into 123 lots for development of 346 townhome units and associate site improvements on the Development. The revisions involved reconfiguring certain on-site drive aisles and building locations to support the Development's construction sequencing and enable the separate development of APN: 0166-110-120 from APN: 0166-110-410. The Planning Commission considered the City staff presentation, the substantial factual information regarding the proposed Modified Developer Project (defined below) in staff reports, and the oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding DR2024-001.
Republic Urban Properties (Developer) is the developer ofDR2021-020 as modified by DR2024- 001 (referred to as the Modified Developer Project).
I. The Planning Commission adopted several findings in support of DR2024- 001. Specifically, it found that the Modified Developer Project is consistent with the City's General Plan and Zoning Ordinance. It also found that the proposed project is consistent with the TSSP-PAI General Plan land use designation and the TS-PD Zoning classification. Furthermore, the Modified Developer Project is compatible with multiple General Plan objectives and policies, including the objectives and policies described below: (i) Policy HO 1.1: Encourage multifamily housing at appropriate locations and densities, focusing where possible such new housing near employment, transportation, services, and recreational amenities; (ii) Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities 11245-0144\3 I I 6997vl0.doc -3-
and opportunities for a mixture of different dwelling and tenure types. (See Policy HO 1. I); (iii) Objective LU 11: Provide multi-family ownership and rental units in a variety of cost ranges dispersed throughout the City; (iv) Policy LU 11.1: Encourage the development of a wide variety of higher density multi-family residential uses. (See Policy HO 1.3); (v) Policy LU 11.2: Multi family residential land uses shall be developed with a balance of open space, landscaping and recreational amenities and shall be accessible to commercial and recreational areas, and public transportation facilities. (See Objective LU 6); (vi) Policy OS 11.1: Secure public access to open space to the maximum extent feasible; (vii) Policy OS 11.2: Promote trail systems through the open spaces, and pedestrian/bicycle links throughout the City, per the adopted Master Trails Plan and the Circulation Element Bicycle Routes Map. (See Objective Cl 9, Policies Cl 9.1 and Cl 9.2, and Program Cl 9.2 A); (viii) Policy OS 11.3: Require all development projects to incorporate recreation and trails elements into project design; (ix) Policy OS 11.4: Where appropriate, projects should provide access to trail heads located on adjacent public or nonprofit-owned open space lands; (x) Objective PF 2: New development shall pay such fees and taxes as necessary to meet all identified costs associated with that development; (xi) Policy PF 2.1: New development shall be responsible for the public costs attached to each development project, which include, but are not limited to, the acquisition of permanent open space, the provision ofa dequate school facilities, and the provision of streets, street lighting, sidewalks, landscaping, storm drains, and other infrastructure needs; (xii) Policy PF 2.2: New development shall be responsible for paying a . financial contribution to mitigate the effect of the development on the provision of such public services as police and fire protection, public education, water, and sewer; (xiii) Policy UD 3.3:
Require new development to respect the scale and character of nearby structures and minimize or mitigate abrupt and excessive differences; and (xiv) Objective UD 4: Ensure high standards of quality in development.
2. The Planning Commission also adopted several findings in support of DR2024-00 I. Specifically, it found that DR2024-00 I will not cause the nature of the neighborhood to economically, physically, or visually decline. The Modified Developer Project will be developed to meet specific Zoning Ordinance development requirements and the City's Design & Development Guidelines. City standard conditions and special conditions of approval have been placed on the Modified Developer Project to ensure that the site improvements, landscaping, and lighting are compatible with developments in the vicinity of the subject site and greater surrounding area. The Modified Developer Project's design and conditions, including conditions for stormwater quality treatment enhancements, landscaping, public access easements, and emergency vehicle access. Furthermore, previously approved development entitlements for the project's architecture ensure the residential buildings are designed consistent with the TSSP Design Guidelines policies and the PAI MPUD Permit.
3. The Planning Commission also found that the Modified Developer Project is of high quality design consistent with applicable design policies and standards of the City. The Project has been designed and conditioned to meet the development criteria of the City's Zoning Ordinance, Design and Development Guidelines, and the TSSP. The Modified Developer Project consists of 80 attached-residential buildings, a recreation building, pool building, outdoor amenities, landscaping, and associated site improvements. The Modified Developer Project's previously approved architecture presents two compatible styles per each building type, "Contextual Agrarian" and "Transitional Californian". The buildings employ a variety of roof lines, architectural movement, construction materials, window treatment, and complementary 11245-014413 I I 6997vl O.doc -4-
colors to create a high-quality design. It further found that any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated and that the Modified Developer Project complies with the CEQA. An EIR and Mitigation Monitoring and Reporting Program were previously adopted for the TSSP, which includes all land subject to DR2024-00 I. In adopting Resolution PC2024-01, the Planning Commission noted that the Modified Developer Project is conditioned to comply with the PA 1 MPUD Permit, including terms which require the Modified Developer Project to comply with all applicable mitigation measures in the EIR.
4. The Planning Commission adopted RESOLUTION NO. PC2024-0l, subject to conditions contained in EXHIBIT A to said Resolution.
D. APPLICABLE CONDITIONS OF APPROVAL. To facilitate the orderly development of the MPUD Property, the Master PUD Permit was approved subject to certain conditions set forth on EXHIBIT A (MASTER PLANNED UNIT DEVELOPMENT PERMIT) Train Station Specific Plan, Planning Area 1 (PUD2022-001) to RESOLUTION NO. PC2023-0l, EXHIBIT A to RESOLUTION NO. PC2023-02; and in EXHIBIT A to RESOLUTION NO.
PC2024-0l. Conditions relating to infrastructure construction and sharing of costs were set forth at Section F. of EXHIBIT A and site-specific development conditions required by the Public Works Department for the development of the Development were contained in Conditions of Development dated December 29, 2022 to Resolution No. PC2023-0l. The conditions were modified pursuant to Resolution PC2024-0l. The applicable infrastructure conditions identified in EXHIBIT A to Resolution PC2023-01 are described in Recital D. l. below. The applicable Special Conditions and Site Specific Public Works Conditions for the Modified Developer Project, which are identified in EXHIBIT A to Resolution PC2023-02 and updated by the conditions identified in EXHIBIT A Resolution No. PC2024-0l, are described in Recital D.2. below.
1. The applicable infrastructure conditions include the following:
Conditions Relating to Regional Infrastructure Improvements Set Forth at Section F. of EXHIBIT A
F.6. Infrastructure construction requirements for each parcel(s), or any subset thereof, shall be as identified in the attached "Minimum NE Area Fee Improvements Planning Area l ", unless the signal has previously been constructed. The specific timing of construction for each signal identified for a parcel in the exhibit shall be identified in conjunction with development entitlements approved subsequent to this Master PUD permit.
F.7. Pursuant to Chapter 10 of the TSSP, signalized intersections are required along Cement Hill Road and Peabody Road at the following locations:
a. Cement Hill Road and Walters Road
b. Cement Hill Road and Residential Street (Intersection #43) 11245-0144\J I 16997vl0.doc -5-
c. Cement Hill Road and Noonan Lane (Intersection # I 0) d. Peabody Road and Street D (Intersection #44)
e. Peabody Road and Street A (Intersection #45)
f. Signal/Pedestrian modification improvements at the
Cement Hill/Peabody/Vanden Road intersection
Developer is required to build the signalized intersections at Peabody Road and Street D (Intersection #44) and Peabody Road and Street A (Intersection #45)
F.8. The westerly half of Peabody Road, along the Planning Area I frontage, shall be widened consistent with the City's Peabody Road Preliminary Plan Line, dated November 4, 2011.
Developer is responsible for the improvements to Peabody Road along the f rontage of Developer's Property.
2. The Special Conditions and Site Specific Conditions for the Developer Project from the Public Works Department identified in EXHIBIT A to RESOLUTION PC2023- 02, as updated pursuant EXHIBIT A to RESOLUTION PC2024-0l, are set forth on the table below:
1.2 The Developer shall construct all the minimum improvements identified in the 'Common Benefit and Cost Sharing Analysis' and 'Minimum NE Area Fee Improvements Planning Area I', as
prescribed in the PAI MPUD and the attached Public Works Department Conditions of Development.
Traffic Signal Improvements:
4 Pursuant to a) Chapter 10 of the TSSP, b) the MPUD entitlement's Common Benefit and Cost Sharing Analysis, (CB/CSA, dated September 21, 2022), c) the MPUD entitlement's Minimum NE Area Fee Improvement exhibits (NE Exhibits, dated August 8, 2022), and d) the City's Peabody Road Preliminary Plan Line, dated 11/4/2011 (Peabody Plan Line), the proposed development shall construct traffic signal improvements at the following locations:
• Peabody Road and Street D (Intersection #44)
• Peabody Road and Street A (Intersection #45)
• Signal/Pedestrian modification improvements at the Cement Hill/Peabody/Vanden Road intersection
11245-0144\3 I 16997vl0.doc -6-
The Developer shall design, construct new traffic signals, and modify the existing traffic signal at the aforementioned intersections along the Peabody Road street frontage of the proposed
development. Traffic signal design and location shall consider ADA requirements and signal alignment with the ultimate planned roadway geometry. All upfront costs associated with traffic signal design and construction shall be borne solely by the Developer. The Developer shall construct the traffic signal improvements in the ultimate location and configuration, including intersection improvements and striping, as required by the City of Fairfield Public Works Department. In consideration for design and construction of the traffic signals, the Developer shall be eligible for Fee Credit consideration. Fee Credit amounts shall be determined based on the most current Fee Studies adopted by the City Council and identified on the executed improvement agreement for the eligible improvements.
5 Any proposed interim or temporary traffic signal improvements that are not per the ultimate design or location may only be allowed at the City Traffic Engineer's sole discretion, provided the proposed interim or temporary improvements comply with current Caltrans state standards. All costs associated with interim or temporary traffic signal improvements shall not be eligible for Fee Credit consideration and shall be borne solely by the Developer.
Pea bod v Road and Cement Hill Improvements:
6 The Developer shall construct improvements widening the westerly half of Peabody Road per the Peabody Plan Line. Design shall include, but is not limited to, the following conditions:
• 156 feet total right-of-way width
• 10-foot wide, separated pedestrian sidewalk
• 5-foot bike lane with 3-foot buffer
• At least two (2) southbound vehicle travel lanes, sized to the satisfaction of the City Traffic Engineer
• Dedicated left-turn pockets at intersection approaches. [The Developer shall begin constructing improvements widening Peabody Road along their parcel frontage prior to start of developing APN: 0166-110-41 0]. Peabody Road design
drawings shall include adequate information and design
showing vehicular transitions to-and-from the widened
segments of Peabody Road.
7 The Developer shall furnish the necessary documents to the City for review and dedicate right-of-way along the Peabody Road street frontage to the City prior to City acceptance of the widening 11245-014413116997v10.doc -7-
improvements. In consideration for granting right-of-way to the City, the Developer shall be eligible for Fee Credit consideration. 8 There are existing roadside ditches along the west side of Peabody Road. As part of the Peabody Road widening improvements, the Developer shall apply for and receive all necessary authorizations and permitting from the pertinent regulatory agencies prior to any construction. Approvals may be required from the following agencies: (a) California State Waterboards, (b) US Army Corps. of Engineers, (c) California Department of Fish and Wildlife. Copies of the issued permits shall be submitted to the City Public Works Department prior to execution of any improvement agreement for the required widening improvements. All costs to acquire the necessary permitting shall be borne solely by the Developer. In consideration for this environmental mitigation, the Developer shall be eligible for Fee Credit consideration.
9 As part of Peabody Road and/or Cement Hill Road widening improvements, MPUD developer(s) shall design and install new streetlights along Peabody Road and Cement Hill Road per current City standard and specifications for decorative streetlights (City Standard Detail Tl2) and LED. Streetlight style shall match those at the Fairfield-Vacaville Hannigan Train Station (Train Station) and include pedestrian realm lighting on specific segments. Please contact the Public Works Department to identify segments that shall include pedestrian realm lighting. Any existing streetlights shall be removed and replaced with the decorative style. MPUD developer(s) shall exercise due diligence in protecting existing joint trench utilities and shall restore or replace in-kind, to current City standards and specifications, any conduits, conductors, and facilities damaged as a result of improvements constructed for this project. 10 Irrigation sleeves shall be installed with widening improvements in anticipation of future irrigation within the median islands along Peabody Road and/or Cement Hill Road.
Median Islands
11. If appropriate to facilitate phasing the proposed Peabody Road widening improvements, the Developer shall construct new median improvements, consistent with the Peabody Plan Line, along the Peabody Road street frontage of the proposed development. Median breaks outside of signalized intersections shall not be allowed under any circumstance.
Street A and Street D:
12 The Developer shall design and construct Street A consistent with Chapter IO of the TSSP, as identified on the MPUD entitlement 11245-0144\3116997vl0.doc -8-
packages, per requirements of a connector street, which shall include, at the minimum:
• Ultimate 39-foot right-of-way width, which includes 12- inches for street curb;
• Two (2) vehicle travel lanes, each lane a minimum of 12- feet wide;
• Street parking stall width of 7-feet for proposed street parking;
• Separated pedestrian sidewalk that is minimum 6-feet wide Street A shall be constructed and operational prior to issuance of the first certificate of occupancy for the first 188 units (Phase 1) of the proposed development, as shown on the submitted on-site phasing plan entitled "Site Plan" dated 06/21/23. All upfront costs associated with Street A design and improvements are the obligation of the proposed development's Developer. A breakdown of each MPUD parcel Developer's responsibility is provided in the CB/CSA.
MPUD developer(s) shall coordinate cost recovery for these improvements and any necessary agreements shall be executed solely between the MPUD Developer(s) or the public improvements shall be included as part of a new Community Facilities District, see additional information in Public Works Condition #70 below. 13 Concurrent with any final subdivision or parcel maps conveying any segments of Street A, the legal map shall create separate parcels for the land between the property line and the street back-of-curb (Pedestrian Realm), per TSSP Policy 14-31, which shall be privately owned and maintained by the MPUD 's HOA, or similar private maintenance association. As part of the final map, private access and service easements shall be dedicated to the City of Fairfield over the Pedestrian Realm parcels.
14 Concurrent with, or prior to City's acceptance of Street A and opening to the public, the segment of Noonan Lane that will be converted into linear park shall be closed off to public vehicular travel. The Developer(s) shall work with City staff to provide adequate public notice regarding the closure.
15 Consistent with the TSSP, Street D shall be designed and constructed with the following improvements, which shall include, at the minimum:
• Ultimate 39-foot right-of-way width or 25-foot right-of way for street segments adjacent to designated wetlands; 11245-0144\3116997vl0.doc -9-
• Two (2) vehicle travel lanes, each lane a minimum of 12- feet wide;
• Street parking stall width of 7-feet for proposed street parking. Street parking shall not be allowed along the street segments abutting designated wetlands;
• Separated multi-use pathway that is minimum 10-feet wide; • Bike sharrows shall be installed on Street D, guiding eastbound bicycle traffic from Huck Road to future Class II bike lanes in Peabody Road. In the interim condition,
sharrows shall be oriented to guide cyclists towards
alternative paths-of-travel, specifically any pathways
towards the train station.
All upfront costs associated with Street D design and improvements are the obligation of the proposed development's Developer. A breakdown of each MPUD parcel developer's responsibility is provided in the CB/CSA. MPUD developer(s) shall coordinate cost recovery for these improvements and any necessary agreements shall be executed solely between the MPUD developer(s) or the public improvements shall be included as part of a new Community Facilities District, see additional information in Public Works Condition #70 below.
16 The Developer has submitted a memorandum from an appropriately licensed traffic professional, dated September 2, 2022, concluding that the Peabody Road and future Street A intersection will function at an adequate level-of-service to support the first phase of the proposed development. The developer has requested, and the City may allow, Street D construction, from the detention basin access road to its connection at Peabody Road, concurrent with construction of the remaining 158 units on APN: 0166-110-410 (Phase 2), as shown on the submitted on-site phasing plan entitled "Site Plan" dated 06/21/23, contingent on the following requirements:
• The Developer shall construct the required traffic signal improvements at the Peabody Road and Street A intersection.
The traffic signal shall be operational prior to issuance of any certificates of occupancy for the proposed development. • The northbound left-turn pocket on Peabody Road, onto Street A, shall be minimum 150 feet to accommodate
adequate vehicle queuing.
• The Developer shall create, and dedicate to the City, an irrevocable offer of dedication (IOD) on the project parcel, for Street D along the southerly project frontage. The IOD shall be created and dedicated to the City prior to issuance of the first building permit, concurrent with the first parcel map, 11245-0144\3 i 16997vl0.doc -10-
final subdivision map, or lot merger created for the proposed development.
• The Developer shall construct an emergency vehicle access road (EV A) along the southerly property line of the proposed development, extending from existing Noonan Lane to the proposed detention basin maintenance road. The EV A shall be completed prior to City's issuance of the building permit for the 100th unit within the proposed development.
17 Street D, between Noonan Lane and the detention basin access road (Segment 4 as identified in the CB/CSA) shall be constructed and operational prior to issuance of any certificates of occupancy for Phase 1 of this development. Specifically, the sidewalks along the north and south side of Street D shall be constructed to facilitate a pedestrian path from the development to the Train Station.
Street D, between the detention basin access road (Segment 3 as identified in the CB/CSA) shall be constructed and operational prior to issuance of any building permits for vertical construction in APN:
0166-110-410.
18 Public driveways shall not be allowed along Street D, excluding the driveway providing maintenance vehicle access to the public detention basin.
19 Geotextile fabric shall be installed for all proposed public streets.
3. The applicable street, drainage, public utility and public infrastructure improvements relating to Peabody Road and Street A, which are identified in Recital D.1 and Recital D.2. above are referred to below as "Subject Off-site Improvements".
4. The Developer owns the real property identified as APN O 166-110-120 and attempted to purchase certain real property interests on portions of the real property identified as APN O 166-110-390 from "5055 Peabody, L.L.C." for public use, namely Street A improvements, and attempted to purchase certain real property interests on portions of the real pro petty identified as APN 0166-110-410 from James A. Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 for public use, namely for Street A improvements and Peabody Road improvements.
Satisfaction of the requirements for the above-described public infrastructure improvements involves acquisition and use of real property that is owned by either James A . Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 or 5055 Peabody, L.L.C. (referred to below as "Off-site Property"). The Off-site Property that is required to satisfy the conditions for the Subject Off-site Improvements set forth above in Recital 0.1. and Recital 0.2. consists of (i) an approximate 14,546 square foot permanent easement for public service and public utility purposes on APN 0166-110-390 more particularly described on EXHIBIT A and depicted on EXHIBIT B in connection with public street and related improvements required for Street A improvements; (ii) an approximate 33,270 square foot permanent easement on APN O 166-110-410 more particularly described on EXHIBIT A-1 and depicted on EXHIBIT B-1 in connection with the public street 11245-0144\l I I 6997vl0.doc -11-
and related improvements required for the Street A improvements; (iii) an approximate 18,941 square foot area in fee from APN 0 166-110-410 more particularly described on EXHIBIT A-2 and depicted on EXHIBIT B-2 for proposed public street and related improvements in connection with Peabody Road; (iv) and an approximate 29,898 square foot area in fee from APN 0166-110-410 more particularly described on EXHIBIT A-3 and depicted on EXHIBIT B-3 for proposed public street and related improvements in connection with Peabody Road. Drafts of EXHIBIT A, EXHIBIT B, EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, EXHIBIT B-2, EXHIBIT A-3, and EXHIBIT B-3 are attached hereto and incorporated herein by this reference. Developer will cause its surveyor to finalize the legal descriptions and sign them after said final legal descriptions and plat maps are reviewed and approved by the City. The Off-Site Property is required for public street purposes, including public access purposes, sidewalk, public utility, drainage, public service easement purposes, traffic signal purposes, and all uses necessary or convenient thereto. The City maintains the discretion to review and approve any conveyance documents that grant to the City the Off-site Property interests prior to recordation of such documents.
E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on Off-site Property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-site Property by eminent domain or such conditions for the Off-site improvements will be waived.
Pursuant to said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off-site Property.
F. Developer has requested that City acquire the Off-site Property pursuant to Government Code Section 66462.5.
G. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off-site Property to construct the Subject Off-site Improvements but has been unable to do so by negotiated purchase.
H. City is authorized to acquire property by eminent domain for public use, namely for public street purposes, drainage, public utility purposes, and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 66462.5, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of off-site improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which 11245-0144\J I 16997vl0.doc -12-
will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." I. City must comply with the Relocation Assistance Act, Government Code Section 7260 et seq., and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes").
J. To facilitate the satisfaction of the condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-site Property for the proposed construction of the Subject Off-site Improvements and to allocate responsibility between the respective Parties.
AGREEMENT
NOW THEREFORE, in consideration of the above RECITALS and the mutual covenants and agreements set forth herein, City and Developer agree to the following:
1. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The Patties recognize that City cannot exercise its power of eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off-site Property that may be identified in this Agreement. In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Off-site Property by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Off-site Property (whether fee, leasehold, or otherwise) in and to the Off-site Property to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain.
2. City Acquisition of Off-site Property. Developer agrees that City will exercise exclusive control of the acquisition of the Off-site Property and, if necessary, any eminent domain proceeding(s) filed to acquire the Off-site Property. Subject to Developer's timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off-site Property:
a. City will obtain an appraisal of the Off-site Property in accordance with the requirements of Public Land Acquisition Statutes. b. City will, in good faith, negotiate with the current owners of the Off- site Property to attempt to acquire the Off-site Property without the necessity of eminent domain proceedings.
c. If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption ofr esolution(s) of necessity for acquisition of the Off-site Property in accordance with applicable law. The City Attorney's Office will file eminent domain proceeding(s) for the purpose of acquiring the Off-site Property by eminent 11245-0144\3116997vl0.doc -13-
domain if: (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts presented at any hearing scheduled for the consideration of the adoption of resolution(s) of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of resolution(s) of necessity under the Eminent Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt resolution(s) of necessity by the required votes.
d. If the City Council adopts any resolution(s) of necessity, the City Attorney's office will file, on behalf of the City, eminent domain proceeding(s) promptly following the adoption of such resolution(s) of necessity and will diligently prosecute such proceeding(s). e. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off-site Property.
f. Developer agrees that City will exercise exclusive control of the acquisition of the Off-site Property and, if necessary, any eminent domain proceeding(s) filed to acquire the Off-site Property, including but not limited to, exclusive control regarding the selection of consultants, experts, litigation, and settlement.
g. Developer agrees that the City Attorney's Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceeding(s) do not represent Developer in any capacity and further that Developer is not a third party beneficiary.
h. The Parties further agree that this Agreement can be terminated by the City if the court determines in any eminent domain proceeding(s) that the City does not have the right to take the Off-site Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt any resolution(s) of necessity.
3. Developer Responsible for All Costs of Acquisition(s). Developer is solely responsible for all Off-site Property acquisition costs (Acquisition Costs), which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys' fees, deposits necessary to take immediate possession of the Off-site Property, deposits reflecting settlement of any suit filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off-site Property, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, the Off-site Property owners' statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs, and expenses arising from or related to any of the foregoing items, actions, and proceedings.
I 1245-0144\3116997vl0.doc -14-
4. Limitations on City's Ability to Acquire Off-site Property; Time Waiver.
a. The Parties hereto recognize that if the City Council, in its discretion, adopts any resolution(s) of necessity and authorizes the filing of eminent domain proceeding(s) in connection with the Off-site Property, the City may not be able to obtain title to the Off-site Property within the time set forth in Government Code Section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by City as set forth in Government Code Section 66462.5. b. The timing of the City's acquisition of the portion of the Off-site Property for Developer's construction of the public street, sidewalk and related improvements along the north side of Street A will not delay the development of "Phase I" of the Developer Project. Additionally, the City's acquisition of the portion of the Off-site Property for Developer's construction of the public street, sidewalk and related improvements along the north side of Street A shall not delay construction of the Street A roadway altogether.
5. Deposit of Costs. Concurrently with the execution of this Agreement, Developer will deliver to City the sum of$50,000 (Fifty Thousand Dollars). City agrees to deposit said sum in a separate City account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement. a. City will, on a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to this Section. In the event disbursements reduce the balance of the fund to $5,000 (Five Thousand Dollars) or less, Developer, within five (5) business days following a written request by City, will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $20,000 (Twenty Thousand Dollars).
b. Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law ("Deposit Amount"), which amount City will deposit with the State Condemnation Fund under Code of Civil Procedure Section 1255.010 et seq. if City and Developer agree that City should seek prejudgment possession of the Off-site Property. The Deposit Amount may be paid from the Separate Fund, subject to the terms of 5.a above. If during the course of any eminent domain proceeding(s), City's expert valuation witness or the court determines that the fair market value of the Off-site Property is higher than the Deposit Amount, Developer will deliver this additional amount to City for deposit in the Separate Fund upon five (5) business days following a written request by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court.
c. If for any reason Developer fails to maintain the Separate Fund balance referenced in this Section, or fails to provide the monies as required herein, City may take the following action(s):
(i) City may utilize and draw down all or any portion of the improvement security deposited with the City to ensure completion of the Off-site public 11245-0144\J I 16997vl O.doc -15-
infrastructure improvements to pay any of the costs and expenses referenced herein for acquisition of the Off-site Property. City will not commence any activity under or in furtherance of this Agreement until Developer provides City and City agrees with and approves a written acknowledgment from both the Developer and the person, firm, or entity who has provided the referenced security that: (a) City may make a demand on the security for the purposes described in this Agreement; (b) the surety will promptly pay such monies to City upon City's demand. (ii) City may complete the eminent domain process and recover all Acquisition Costs from Developer. Developer shall be required to reimburse the City for said Acquisition Costs within five (5) business days following the City's written request for said payment. The City will include documentation evidencing the Acquisition Costs incurred by the City.
d. When any eminent domain proceeding that was commenced pursuant to this Agreement is concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs, and all applicable litigation expenses have been made in connection with the acquisition of said Off-site Property.
In addition, City will expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if the eminent domain proceeding is dismissed or abandoned.
6. Developer Acquisition of Off-site Property. If Developer should independently acquire all or any portion of the Off-site Property by negotiated purchase after an eminent domain proceeding is filed by City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding(s) relating to any portion of the Off-site Property acquired by Developer by negotiation when title to said property is vested in Developer. Ifa complete or partial abandonment or dismissal is filed, Developer will bear any and all costs, expenses, and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610 et seq., and other provisions of law.
7. Miscellaneous.
e. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier.
Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
City: CITY OF FAIRFIELD
Attention: City Manager
1000 Webster Street
Fairfield, California 94533
Copy to: RICHARDS, WATSON & GERSHON
44 Montgomery Street #3800
11245-0144\J I I 6997vl0.doc -16-
Developer:
Copy to:
San Francisco, California 94104
Attention: David Lim, City Attorney
E-mail: [email protected]
REPUBLIC FAIRFIELD LLC
c/o Republic Urban Properties LLC
l 098 Lincoln Avenue, Suite 200
San Jose, California 95125
Attention: Michael R. Van Every
Email: [email protected]
GLAZER I HONIGMAN I ELLICK
5301 Wisconsin Avenue, NW, Suite 740
Washington, DC 20015
Attention: Jocelyn B. Redman
E-mail: [email protected]
f. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other patty hereto under this Agreement. g. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement. h. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
i. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement. j. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors-in-interest, and assigns of the Patties hereto.
k. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.
Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
11245-0144\J l 16997vl0.doc -17-
1. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.
m. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from the other party.
n. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
o. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties' agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement.
p. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.
q. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity. r. Venue. Venue for any action arising directly or indirectly under this Agreement will be in the Superior Court of Sonoma County, California. [SIGNATURES ON NEXT PAGE]
11245-0144\J I 16997vl O.doc -18-
IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.
Developer
REPUBLIC FAIRFIELD LLC,
a Delaware limited liability company
Date: i 20~ 2S:
Manager
DEVELOPER'S SIGNATURES MUST BE
NOTARIZED
City
CITY OF FAIRFIELD, a municipal
corporation
Date:. _
By: _
Catherine Moy, Mayor
Attest:
Karen L. Rees, City Clerk
Approved as to form:
David Lim, City Attorney
11245-0144\J I 16997vl O.doc
-19-
/
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of .S~ C L A {2-A-
)
)
On A-\J\b-v\-<;;,., L C;, 2-.0 -2..:s; before me, G--\~~e LLE ~ {J-f-'. c A.5: N cm~ Pv1 'Q. L--\ c (insert name and title of the officer) Notary Public, personally appeared Michael R. Van Every, Manager of Republic Fairfield LLC,a Delaware limited liability company, who proved to me on the basis of satisfactory evidence to be the person(~ whose name($5 is/l;lfe subscribed to jhe within instrument and acknowledged to me that he/s~ tlyt'y executed the same in his/l;tfr/the'ir authorized capacity(~ , and that by - hislh/rlti,{tr signature()!1' on the instrument the perso~ , or the entity upon behalf of which the person0 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
,, GISSELLE°TERRAZAS • [ COMM. #2474962 z
Notary Public • California ~
Santa Clara County ...
M Comm. Ex ires Dec. 4, 2027
11245-0144\31 I 6997vl0.doc -20-
EXHIBIT A
LEGAL DESCRIPTION OF APPROXIMATE 14,546 SQUARE FOOT
PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390- Peabody LLC)
June 20, 2025
EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 2 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:
Beginning at the southwest corner of said parcel, said corner being the beginning of a curve to the left from which the center bears North 32° 43' 57" West; Thence along the northwest line of said parcel, 28.07 feet along the arc of said curve to the left, having a radius of 11,509.20 feet and through a central angle of 00° 08' 23"; Thence crossing through said parcel for the following seven (7) courses:
1) South 89° 47' 55" East, 796.93 feet;
2) North 00° 24' 29" East, 1. 78 feet;
3) South 89° 47' 55" East, 10.16 feet;
4) South 00° 00' 00" East, 1. 78 feet;
5) South 89° 47' 55" East, 38.76 feet;
6) North 00° 24' 29" East, 1.61 feet;
7) South 89° 35' 31" East, 9.92 feet to the east line of said parcel; Thence along said line South 00° 12' 05" West, 19.69 feet to the southeast corner of said parcel;
Thence along the south line of said parcel, North 89° 36' 53" West 879.35 feet the Point of Beginning.
G:\Job2021\ 211039\Survey\ Descriptions\EWING EMINENT DOMAIN\ EXHIBIT A- PSE & PUE-1.docx
June 20, 2025
EXHIBIT A
Containing a land area of 14,546 square feet, more or less.
See Exhibit 8 - Plat to Accompany Legal Description which is attached hereto and made a part hereof.
END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
Scott A Shortlidge Date
G:\Job2021\211039\Survey\Descriptions\ EWING EMINENT DOMAIN\ EXHIBIT A- PSE & PUE-1.docx
EXHIBITB
DEPICTION OF APPROXIMATE 14,546 SQUARE FOOT
PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390 - Peabody LLC)
! -N-
~
0 200
t---~ ..J
400
I
1 inch = 200 ft.
PEABODY LLC
PARC.EL 2
43 PM 20
...... co
Q
z:
0 i e:::
>-
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u
hl
z:
:5
z:
~ a Q
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-J SEE SHEET 2
FOR DETAIL OF
DESCRIBED AREA
REBUBLJC f'AJRFI.ELD LLC
LOT 56
R.EMAJND.ER
3 M 39
SCOTT A. SHORTLIDGE, P.L.S. 6441
.EWING TRUST
PARC.EL 1
43 PM 20
LEGEND
DESCRIBED AREA
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2
EXHIBIT A
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
PSE & PUE
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ • J..'-.11 ~
RUGGERI-JENSEN-A ZA R EN G I N E E R S • PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
. SCALE:
1· =200'
DATE:
06/ 20/ 2025
JOB NO.:
211039
G: JOB2021 2110J9 SIJR CAD RIES PLATS EMINENT DOMAIN 2110J!I EM-00/J PlA T 4-1.0WG 6 '20 '2025 1:4!1:00 Plrl ROBERT Al.1£N
! -N-
~
LEGEND
DESCRIBED AREA
{T} TOTAL
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING
PSE PUBLIC SERVICE EASEMENT
PUE PUBLIC UTILITY EASEMENT
0 120 240
t...-....-.J I
1 inch = 120 ft.
PEABODY LLC
PARCEL 2
43 PM 20
DESCRIBED AREA = 14,546 SQ.FT.
N32°52'20nWffi) .,,,,,,--- - - - - - - _ _ _ N89°47'55"W 796.93' \
P.0.8.- - -
N32°43'56.W(R) L _ _ _ _ _ _
REBUBUC f'AJRf'JELD LLC
LOT 56
REMAJNDER
3 M 39
UNE TABLE
LINE BEARING LENGTH
L1 N0"24'29"E 1.78'
l2 NB9°J4'sr w 10.16'
LJ soororw 1.78'
l4 NB9°47'ss·w JB.76'
LS N0"24'29"E 1.61'
l6 N89"JS'J1"W 9.92'
L7 N0°12'05"E 19.69'
--- - - --- /4 L2 ") L4 IC) L6 "-
-..J DETAIL -..J ~ )
....._ NOT TO SCALE __
-- ~ ......
§~ eo
8:~~ .. b1~ 0
g~,.., z ci 0 ~~e5 ~ ~o cc LiJ a:: ~
- - N89°36'59UW 879.JS'{T)
-- t-
~ FEE PARCELS
cs TO BE CONVEYED
~ BY SEPERA TE INSTRUMENT
,1"-1
- EX 66' ROAD EASEMENT .!N EWJNG TRUST ,.., J M 39 a-
~ PARCEL 1 CITY OWNED PEABODY ROAD
43 M 20 43 PM 20
EX 20' GAS PIPE LINE EASEMENT --+l 688 OR 150
: I CURVE TABLE
CURVE RADIUS DELTA LENGTH
Cf 11509.20' 0°08'23" 28.09'
PAGE 2 OF 2
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
PSE & PUE
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ • i.".,1.1.
RUGGERI-JENSEN-AZA R EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE. SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9300
DATE:
06/20/2025
JOB NO.:
211039
EXHIBIT A-1
LEGAL DESCRIPTION OF APPROXIMATE 33,270 SQUARE FOOT
PERMANENT EASEMENT
(APN 0166-110-410- James A. Ewing Trustee)
June 20, 2025
EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:
Beginning at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 564. 78 feet;
Thence crossing through said parcel for the following two (2) courses:
1) South 00° 12' 05" West, 58.00 feet;
2) North 89° 47' 55" West, 564.80 feet to the west line of said parcel; Thence along said west line, North 00° 13' 21" East, 59.81 feet to the Point of Beginning.
Containing a land area of 33,270 square feet, more or less.
See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.
END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
Scott A. Shortlidge Date
G:\Job2021\211039\Survey\Descriptions\EWING EMINENT DOMAIN\EXHIBIT A- FEE-1.docx
EXHIBIT B-1
DEPICTION OF APPROXIMATE 33,270 SQUARE FOOT PERMANENT EASEMENT (APN 0166-110-410 - James A. Ewing, Trustee)
! -N-
I 0 200 400
t...--- - ..J I
1 inch = 200 ft.
PEABODY LLC
PARCEL 2
43 PM 20
- co
SEE SHEET 2
FOR DETAIL OF
DESCRIBED AREA
z
~ a a
z
REBUBLJC fAIRf lELD LLC
LOT 56
REMAINDER
3 M 39
0 ..,_ .._,.., i
~
>-- 0
a ro
i5 a,
SCOTT A. SHORTLIDGE, P.L.S. 6441
EWING TRUST
PARCEL 1
43 PM 20
LEGEND
DESCRIBED AREA
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2
EXHIBIT A
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
EASEMENT PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
SCALE: DATE: JOB NO.:
07/ 15/2025 211039
! -N-
~
LEGEND
DESCRIBED AREA
FOUND MONUMENT
AS NOTED
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING
PSE PUBLIC SERVICE EASEMENT
•
0 100
t--- - -..J
200
I
PUE PUBLIC UTILITY EASEMENT
1 inch = 100 ft. PEABODY LLC
..... .....
_ _ _ _ ._ _ _ _ _ _ N89°J6'5J"W 564.78' ♦
~ DESCRIBED AREA = JJ,270 sof r.- - - -~
N89°47'55"W 564.80'
EWJNG TRUST
PARCEL 1
43 PM 20
_ . _,,.,,.- FOUND REBAR
, ~ __....- PER 43 PM 20
UN£ TABLE
UN£ BEARING LENGTH
LT 59.81'
I ~
~ I I ~
FEE PARCELS '1 I I ~ TO BE CONVEYED ,,_
BY SEPERA TE INSTRUMENT ~iT..,...--f---1--L~ I I u
I ~
I ~
~~ I I l~~
I
I
I
I
CITY OWNED PEABODY ROAD -w 4JPM20 I 1
I I
£X 20' GAS PIP£ LIN£ EASEMENT --+-i 688 OR 150 I I
i, I EX 20' GAS PIP£ UN£ EASEMENT ---+ -+-l f-----1-l
6840R 98 l I
EX 66' ROAD EASEMENT :I I J M 39
: I I
PAGE 2 OF 2
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
EASEMENT PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, C.ALIFORNIA
n T• .l.'-:'-L ~ RUGGERI-JENSEN-AZA R EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
. PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
SCALE:
1· =100' I DATE:
07/ 15/2025 I JOB NO.:
211039
. \JUDLVLf\ 2TTOJ9\ .:>Utrvt:Y\c.:AU ,,u.; .,;,\ r L.1"11..:,\ i;;"' "' L" ., ......., ,, , iTn EM- vv ,,, r LA I 1- .c.u r,Lf '/ '""/ A 1,c.;,., 9::J.J:.JJ -AM H/U AH nr,1r,
EXHIBIT A-2
LEGAL DESCRIPTION OF APPROXIMATE 18,941 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee - Peabody Road)
June 20, 2025
EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:
Commencing at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 564. 78 feet for the Point of Beginning hereof; Thence continuing along said north line South 89° 36' 53" East, 37.77 feet; Thence crossing through said parcel for the following five (5) courses:
1) South 00° 12' 05" West, 660.50 feet;
2) North 89° 35' 46" West, 27. 77 feet;
3) North 00° 12' 05" East, 592.52 feet for the beginning of a curve to the left; 4) In a northerly direction, 15.71 feet along the arc of said curve to the left, having a radius of 10.00 feet and through a central angle of 90° 00' 03"; 5) North 00° 12' 05" East, 58.00 feet to the Point of Beginning.
Containing a land area of 18,941 square feet, more or less.
See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.
G:\Job2021 \211039\Survey\ Descriptions\EWING EMINENT DOMAIN\ EXHIBIT A - FEE-2.docx
June 20, 2025
EXHIBIT A
END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
Scott A. Shortlidge Date
G:\Job2021\211039\Survey\Descriptions\EWING EMINENT DOMAIN\EXHIBIT A- FEE-2.docx
EXHIBITB-2
DEPICTION OF APPROXIMATE 18,941 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee - Peabody Road)
--- co
0 200 400
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1 inch = 200
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DESCRIBED AREA I a
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z: LOT 56 REMAJNDER PARCEL 1 I I
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SCOTT A. SHORTLIDGE, P.L.S. 6441
LEGEND
DESCRIBED AREA
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2
EXHIBIT A
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
FEE PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ• .J..'1.., 1 I.
RUGGERI-JENSEN-AZA R EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
SCALE:
1" =200'
DATE:
06/20/2025
JOB NO.:
211039
G: JOB2021 2IIOJ9 SUFI CAO ALES PLATS tNINENT DOMAIN 2110J9 EM-OOM PtA T J- 1.0'frG 6 '20 '2025 J: 16:52 Pl,/ FIOBERT ALLEN
/ ~.._ ~ CS 0> PEABODY LLC 62 :s: I<)
~6J~ 8~~ PARC.EL 2 PSE ct PUE I
~ ~ E5 43 PM 20 TO BE CONVEYED P.O.B. I
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6 '5J"'I/ B: : : ATE INSTRUMENT~ - ~ -
_ FOUND REBAR J_ L21 - - - P ER4JPM20 t- - - - - - - - - - - -=::il u -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. I j C1 {!J .EWJNG TRUST FEE PARCELS
0 O ~ TO BE CONVEYED
~ ~ ~ PARC.EL 1 BY SEPERA TE INSTRUMENT
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....-- - - - - - - - - - ----. ~ I i o~I ,' Lt No.,2•05•£ 58.00' CURVE TABLE i--~ - - - ~ ,...._- --1 ~ ~ ~1 I L2 NB9~ '5J·w Jl. 77, CURVE RADIUS DEL TA LENGTH ~ I I,{) 0 ~ ~~: ~ Ii ti l
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LINE TABLE
UN£ BEARING LENGTH
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LJ N89~ '46•w 27. 77' C1 10.00· 901)0'00" 15.71'
FOUND REBAR
PER 43 PM 20
200
I
LEGEND
DESCRIBED AREA
FOUND MOMUMENT
AS NOTED
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING
PSE PUBLIC SERVICE EASEMENT
•
PUE PUBLIC UTILITY EASEMENT I PAGE 2 OF 2
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
FEE PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
RJ/1. RUGGERI-JENSEN-AZAR EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
SCALE:
1· =100'
DATE:
06/ 20/ 2025 I JOB NO.:
211039
, \olUtJZUZI I" crcr,.,~,., ~· I' ' • •\ CMIIVCl'f l I" t N -LNM PLAI J-z.u,n; 6/ 20/ uc» 4:.JU::JJ ,..,. nouc n M.Lt N
EXHIBIT A-3
LEGAL DESCRIPTION OF APPROXIMATE 29,898 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee - Peabody Road)
June 20, 2025
EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:
Commencing at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 614.55 feet for the Point of Beginning hereof; Thence continuing along said north line South 89° 36' 53" East, 45.40 feet to to the centerline of Old County Road No. 118;
Thence along said centerline, South 00° 12' 05" West, 660.52 feet to the point of intersection of the projection of the south line of siad Parcel 1; Thence along said south line North 89° 35' 46" West 45.40 feet to the east line of Parcel E as shown on said Parcel Map (43 PM 20);
Thence along said east line, North 00° 12' 05" East 660.50 feet to the Point of Beginning.
Containing a land area of 29,989 square feet, more or less.
See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.
G:\Job2021\211039\Survey\Descriptions\EWING EMINENT DOMAIN\ EXHIBIT A- FEE-3.docx
June 20, 2025
EXHIBIT A
END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:
Scott A Shortlidge Date
G:\Job2021\211039\Survey\Descriptions\EWING EMINENT DOMAIN\ EXHIBIT A - FEE-3.docx
EXHIBIT B-3
DEPICTION OF APPROXIMATE 29,898 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(James A. Ewing, Trustee - Peabody Road)
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t
0 200 400
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1 inch = 200 ft.
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REPUBLJC FAJRFJELD LLC
LOT 5 6 REAMJNDER
3 M 39
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PEABODY LLC 0
z: PARCEL 2 a 43 PM 20 i
SCOTT A. SHORTLIDGE, P.L.S. 6441
SEE SHEET 2
FOR DETAIL OF
DESCRIBED AREA
EWJNG TRUST
PARCEL 1
43 PM 20
LEGEND
DESCRIBED AREA
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2
EXHIBIT A
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
FEE PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, CAIJFORNIA
nJ• .l.'-.,1 I..
RUGGERI-JENSEN-AZA R EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9.300
SCALE:
1" =200'
DATE:
06/ 20/ 2025
JOB NO.:
211039
G: JOIJ2021 2110J9 SVR CAD Rl£S PLATS EMINENT O()l,{A/N 2110J9 EM-O()I,{ PLAT 2-1.0WG 6 '20 '2025 4107:12 PM ROBERT AIJ.EN
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FOUND REBA2 8 i:S tr)
PER 43 PM 20 ~ ~ e5 c:,ci.::
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- - - - - '--- - ,
PEABODY LLC
PS£ &PUE
TO BE CONVEYED
BY SEPERA TE INSTRUMENT~
_ _ _ _ _ _ _ _ _ __ _j -
N89°J6'sr w 614.55'
PARC.EL 2
43 PM 20
P.0.8.\
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.EWJNG TRUST
PARC.EL 1
43 M 20
FOUND REBAR
PER 43 PM 20
LEGEND
DESCRIBED AREA
FOUND MONUMENT
AS NOTED
EXISTING PARCEL LINE
EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING
•
P.O.C.
PSE
PUE
POINT OF COMMENCEMENT
PUBLIC SERVICE EASEMENT
PUBLIC UTILITY EASEMENT
al
) ! I ~I FEE PARCELS ___... 11 I >-I TO BE CONVEYED- 1-- BY SEPERA TE INSTRUMENT 71" ~ I
I u CITY OWNED PEABODY ROAD_ I - ,
43 PM 20 ·1---4-rr o
: I ~I EX 20' GAS PIPE LINE EASEMENT- ~ ~ ~
688 OR 150 I I a I
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EX 20' GAS PIPE LINE EASEMENT I
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684 OR 98 I I o.., I
EX 66' ROAD EASEMENT i I I -- 3M 39
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LINE TABLE
LINE BEARING LENGTH
0 100
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200
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1 inch = 100 ft.
L2
I I
PAGE 2 OF 2
EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
FEE PARCEL
CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ• ..I.'-., l I.
RUGGERI-JENSEN-AZA R EN G I N E E R S ■ PL A N N E R S ■ SU R V E Y O R S 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227- 9100 FAX: (925) 227- 9300
SCALE:
1" =100' I DA1£:
06/ 20/ 2025 I JOB NO.:
211039