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2010/01/12 City Council Resolution 2010-04RESOLUTION NO. 2010 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING ACCEPTANCE OF QUITCLAIM DEED FROM ROHNERT FAMILY TRUSTS FOR HINEBAUGH CREEK RIGHT OF WAY (APN 14 -051 -001 & 002) WHEREAS, the City Council of the City of Rohnert Park accepted a deed for the right of way of Hinebaugh Creek via Resolution No. 71 -18, adopted on February 23, 1971, recorded in Book 2516, page 868 of the Sonoma County Recorder's office, attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, aforementioned deed for Hinebaugh Creek right of way conveyed easement rights with underlying fee title remaining in private ownership; and WHEREAS, the Rohnert Family Trusts have requested that the City accept dedication of the aforementioned Hinebaugh Creek right of ways in fee simple absolute via Quitclaim Deed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve acceptance of the Quitclaim Deed in fee simple absolute once executed by the Rohnert Trusts, in substantially similar form as attached hereto and incorporated herein as Exhibit `B ". BE IT FURTHER RESOLVED that the City Clerk.is hereby authorized and directed to execute Certificate of Acceptance pertaining to same for and on behalf of the City of Rohnert Park, a copy of which is attached hereto and incorporated herein as Exhibit "C ". DULY AND REGULARLY ADOPTED this 12th day of January, 2010. ATTEST: City CITY OF ROHNERT PARK BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) JH- S:05 -d r V�V n' . X516 EXHIBIT "A" RECORDED AT REQUEST OF 141N. PAST .... . M. [ �7,- •+��..�. Vttirat Recur; +; of Sonoma a;oui!!Y. Calif. �`t ^�,.� t ��:.. i y %^. "i f�'*•�..Li.�r�'�. CJJ(v`Y � E.�.�'JP.L'Ec< GRANT DEED Fee S�lc lY.�L . Paid, Date ...:::•:...::: ......_._.. CITY OF ROHNERT PARK We, the undersigned, as Grantors, hereby grant to the City of Rohnert Park, a Municipal Corporation, Sonoma County, State of California, as Grantee, all that real property situate in the County of Sonoma, State of California, more particularly described as follows: A right of way for the purpose of ingress, egress, con- struction and maintenance of the Himebaugh Creek Flood Control Channel over a strip of land 125 feet in width and lying 62.5 feet on either side of a line being situated in the Rancho Cotati, City of Rohnert Park, and being more particularly described as follows: Commencing at a 3/4" iron pipe monument marking the intersection of the westerly right of way line of the N.W.P.R.R. with the northerly right of way line of Rohnert Park Expressway (formerly Sonoma State Expressway) as described in that certain deed recorded in Book 2139 of Official Records at Page 62, Sonoma County Records; thence N 2511 40' 10" W, along said westerly right of way line, 813.21 feet to the point of beginning of said line; thence from said point of beginning, S 89° 23' 08" W, 2632.45 feet to the easterly right of way line of U.S. Hwy. 101 and the -end of said line, saving and excepting therefrom an 80.00 foot strip of land for Commerce Blvd. running N 0° 36' 52" W, whose easterly boundary is S 89° 23' 08" W, 1,785.80 feet from said point of beginning. IN WITNESS WHEREOF, the undersigned have caused their names to be affixed hereto. AUTO CENTER ENTERPRISES fJ i7'(...0 "Q;7 � f'a1� Date January 28, 1471 Date COFEGO ENTERPRISES Date January 28, 1971 Date JOSEPH P. and PETER F. BESSONE Date ;.. ' i Date `•'mac �' / 4u rme65 STATE OF CALIFORNIA COUNTY OF SONOIIA ss• BOOB 2516 PACE 869 ON _ January 28, 19-2-1, before e t e de i ned, a Notary Public in and for said State, personalty appeared ��u� `�o�s, General Partner C.o_£ego.____ —•_.__ texprzses. OFFICIAL SS.A.I .� known to me, CHRISTINE C. HELGRENN to be the person— whose name— is subscribed to the within Instrument, j I NOTARY PUBLIC -CAL Wu -- WA and acknowledged to me that —be- executed the same. y SONOMA COUNTY ' My Corn miSsion Expires June 30,1974 p; WITNESS m y hand and official seal. E;,3 Cnmmcrce Blvd., Rohnert Park, Calif. 94928 � +i r 6e-P �I Notary Public in and far said State. !' ACKNOWLEDGMENT—GenW — Wolootte Form 231 —Rev. 3.64 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORD, STATE OF CALIFORNIA , ` ss. COUNTY OF SONOMA I ON January 28, 191-1 before me, the undersigned, a Notary Public in and for said State, personally appeared OPPICIA:.' -:;tiL - PAUL— GULTS, Known to me �o �e a gen`eraT`ar CHRISTINE C. HELGREN of Ni t�e��n�rpr1 es , a I mm`rea rs�ip -- a -- no►m tame, POI:- IC•GaLtFORNIA to be the person_, whose name. is subscribed to the within Instrument, ' COUNTY i rarer. ;.xpiresJune30,197a and acknowledged to me that —he— executed the same. 695' r- cart Park, Calif. 94928 WITNESS my hand and official seal. ,da t3FFIQL4L SEAL / CHRISTINE C. HELGREN �:: -t� • "" •I NOTARY PU$UC-CALIFt)i+I�{A SONOMA COUNTY [� MyCommissionExptrasJur._L"1974 /-yam 11 •:.:�.�G7ti::lC ��/r,' •c r�.'L.�../7 L � ` l le l � � [ � - �I Notary Public in and for said Stated K— ACKNOWLEDGMENT— CenershWoleotts Form 231 —Rey, 3.64 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORP. Fr— - - - -- i c — - , - STATE-OF CALIFORNIA _ COUNTY OF Sonoma M before me, the under eedrNotaary blic in and for said State, personally appeared au� �Co� is personally known to me to be the person whose name is subscribed to the within Instrument, as a Witness tS�° thereto who being by me duly sworn, deposes and says: 00. ,° That_ he resides in Sonoma CGUat� _ • 2, °: and t T w resent artit saw s • °; �� �> `ti ".- _ �ee� - �ssone &tosep easone �'•° °� �' dJ. ° °°, personally known to — iM to be the same persons described in and whose nameJL subscribed °�Ge4 +q, >�� ' • ! °•.° to the within and annexed Instrument as Part_ eg _ thereto, execute and deliver the �s same, and acknowlEdgpd to said afant that executed the same; C and that said atiant subscribed S name thereto as a Witness. •��� p° ��, � � WITNESS my hand and official seal. 0 • d .raw � °�D • Z ^ otary ntat e. ACKNOWLEDGMENT— Witness— Woleotts.Form 262 —Rev, 3.64 25i f: >t. ., oft RESOLUTION NO. 71--18 RESOLUTION AUTHORIZING ACCEPTANCE OF DEED (Himebaugli Creek) RESOLVED by the Council of the City of Rohnert Park that that certain grant deed of a right of way on Himebaugh Creek froin Auto Center Enterprises, Cofego Enterprises, Joseph P. and Peter F. Bessone to the City of Rohnert Park dated January 28, 1971 and February 18, 1971 be, and the same is hereby, accepted and the ?hayor is authorized and directed to execute the Certificate of Acceptance of said deep: for and on behalf of the City of Rohnert Park. CITY OF RUtf:11IRT PARY. tiYP;,S: (5) Ccuneilmen Buchanan, Honkins, Pbberts., and Smith NOES: (Q) Nor. c ABS::NT : (0) None Psi FL:.'r s C_asFiTSk' iC 7 -L OF ACCEPTANCE This .is. Lo certify that the interest in real property conveyed by the'Grant Deed dated January 28, 1971 and February 18, 1971 from Auto Center Enterprises, Cofero Enterprises, Joseph P. and Peter F. sessone to the City of Rohnert Park, a municipal corpo- ration, County or Sonoma, State of California, is hereby accepted by the undersigned officer or anent on behalf of"'the City, pursuant to authority conferred by resolutio.q; 6f... thq, City Council of said City adopted on February 23, 1971, and-the Gfantee consents to recordation thereof by its duly authorized- officer:: DATED: February 23, 1571. CITY OF RORNE4T. PARK Y Mayor OF DOCUMENT EXHIBIT "B" WHEN RECORDED, MAIL TO: Howard Rice Nemerovski Canady Falk & Rabkin, A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California, 94111 Attn: Victoria Kaempf, Esq. MAIL ALL TAX STATEMENTS TO: The City of Rohnert Park Rohnert Park, California 94928 Attn: (SPACE ABOVE FOR RECORDER'S USE) QUITCLAIM DEED APN: 143 - 051 -001 & 143 - 051 -002 The undersigned declare(s): This transfer is exempt from documentary transfer tax because it transfers property to a political subdivision of the State of California (R &T 11922) Documentary transfer tax is $ -0 -. Signature of Declarant or Agent Determining tax. FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is acknowledged, Allison L. Rohnert and Diana L. Jancik, Trustees of the Marie C. Rohnert 2006 Trust, as to an undivided one -half (1/2) interest, and Allison L. Rohnert, Trustee of the Dorothy Rohnert Spreckels 1990 Trust, as to an undivided one -half (1/2) interest (collectively, "Grantor "), hereby REMISE, RELEASE AND FOREVER QUITCLAIM to: The City of Rohnert Park ( "Grantee ") the real property situated in the City of Rohnert Park, County of Sonoma, State of California, and more particularly described on EXHIBIT A attached hereto and made a part hereof by reference (the "Property") The foregoing conveyance shall be subject to the following terms: 1. AS -IS. GRANTOR IS TRANSFERRING ITS INTEREST IN THE PROPERTY AND GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS EXISTING CONDITION, "AS IS, WHERE IS AND WITH ALL FAULTS," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH MATTERS AS (i) THE W03 120209-175230001/1572639/v5 VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, GEOLOGY AND SEISMIC CONDITION; (ii) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES THAT GRANTEE MAY CONDUCT THEREON; (iii) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, OR ENVIRONMENTAL LAWS; (iv) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (v) THE CONDITION, MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; AND (vi) THE PRESENCE OR ABSENCE OF ANY SUBSTANCE, CHEMICAL, WASTE OR MATERIAL THAT IS OR BECOMES REGULATED BY ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY BECAUSE OF ITS TOXICITY, INFECTIOUSNESS, RADIOACTIVITY, EXPLOSIVENESS, IGNITABILITY, CORROSIVENESS OR REACTIVITY, OR WHICH IS DEFINED AS "HAZARDOUS MATERIAL" OR "HAZARDOUS SUBSTANCE" UNDER ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, RULE, REGULATION OR ORDINANCE ( "HAZARDOUS MATERIALS ") AT, ON, UNDER OR ADJACENT TO THE PROPERTY OR ANY OTHER ENVIRONMENTAL MATTER OR CONDITION OF THE PROPERTY. 2. Mutual Release. Grantee, for itself, and its predecessors, successors, assigns, licensees, officers, directors, employees, agents, partners, shareholders, transferees, parent and subsidiary corporations, legal representatives, heirs, beneficiaries, executors and administrators (collectively with Grantee, the "Grantee Parties ") hereby fully and forever releases, exonerates, and discharges Grantor, and /or its past, present and future officers, directors, trustors, trustees, partners, employees, agents, representatives, shareholders, attorneys, affiliates, parent and subsidiary corporations, insurance carriers, heirs, legal representatives, beneficiaries, executors, administrators, predecessors, transferees, successors and assigns (collectively with Grantor, the "Grantor Parties "), and Grantor, for itself and the Grantor Parties hereby fully and forever releases, exonerates and discharges the Grantee Parties, of, from and for any and all losses (including diminution in the value of the Property and other consequential damages), costs, claims, demands, actions, suits, orders, causes of action, obligations, controversies, debts, expenses, accounts, damages, judgments and liabilities of whatever kind or nature (including claims for contribution or otherwise under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended), and by whomsoever asserted, in law, equity or otherwise (each a "Claim" and, collectively, "Claims ") which the Grantee Parties, Grantor Parties, or the Property may suffer or claim to suffer, to the extent arising out of or relating to, directly or indirectly, wholly or in part, the Property, including without limitation (i) the presence, or threatened or suspected presence, generation, processing, use, management, treatment, storage, disposal, remediation, transportation, recycling, emission or release or threatened emission or release, whether in the past, present or future, of any Hazardous Materials on, about, adjacent to or affecting the Property; or (ii) the condition of the Property or any part thereof. All Claims released pursuant to this Paragraph 2 are hereinafter sometimes referred to as the "Released Matters." The defined term "Released Matters" expressly excludes any and all Claims arising directly or indirectly out of, based on, relating to, or connected in any way with title to the Property (including transfer of the Property by Grantor to Grantee), taxes, liens, assessments, or other monies owed by any of the Grantor Parties, enforcement of the terms of this Deed, or any defense to such enforcement based on the terms of this Deed. Furthermore, nothing contained in this Deed shall constitute a waiver of Grantee's police powers. 3. Statutory Waiver. Each Grantee and Grantor acknowledges that it may hereinafter discover facts different from or in addition to those which it now knows or believes to be true with respect to the Released Matters, and agrees that the provisions of Paragraph 2 will remain in effect in all respects, notwithstanding the discovery of such different or additional facts. In addition, each Grantee and Grantor W03 120209- 175230001/1572639/v5 understands and agrees that its agreements and covenants contained in Paragraph 2 hereof extend to all Claims of any nature and kind, known or unknown, suspected or unsuspected, based in whole or in part on facts existing in the past or as of the date hereof to the extent such are Released Matters, and in that regard, each Grantee and Grantor acknowledges that it has read, considered and understands the provisions of Section 1542 of the California Civil Code which reads as follows: Section 1542. General Release A general release does not extend to claims which a.creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Based upon the advice of its counsel, by signing below, each Grantee and Grantor knowingly and voluntarily waives and relinquishes any and all rights that it may have under Section 1542 as well as under the provisions of all comparable, equivalent, or similar statutes and principles of common law or other decisional law of any and all states of the United States or of the United States. Each Grantee and Grantor understands and acknowledges the significance and consequences of this waiver and hereby assumes the risk of any injuries, losses or damages which may arise from such waiver. 4. General Provisions. A. All restrictions, and agreements contained in this Deed shall run with the Property. B. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every condition, restriction, and agreement contained in this Deed, whether or not any reference to this Deed is contained in the instrument by which such person or entity acquired an interest in the Property. D. As used herein, the terms "Grantor" and "Grantee" include Grantor's and Grantee's heirs, successors and assigns. W03 120209- 175230001/1572639/v5 F. In the event of any litigation to enforce or interpret the conditions, restrictions and agreements contained in this Deed, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs at trial, upon any appeal or review therefrom, and in any proceeding in bankruptcy. GRANTOR: Dated: 2009 MARIE C. ROHNERT 2006 TRUST M. Allison L. Rohnert, Trustee Diana L. Jancik, Trustee DOROTHY ROHNERT SPRECKELS 1990 TRUST Allison L. Rohnert, Trustee GRANTEE: THE CITY OF ROHNERT PARK By: Its: STATE OF CALIFORNIA COUNTY OF On ' 2009, before me, , NOTARY PUBLIC, personally appeared ALLISON L. ROHNERT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature (Seal) W03 120209-175230001/1572639/v5 STATE OF IDAHO COUNTY OF On , 2009, before me, , NOTARY PUBLIC, personally appeared DIANA L. JANCIK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s)on the instrument the person(s), or the entity upon behalf of which the.person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF On , 2009, before me, , NOTARY PUBLIC, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature (Seal) W03 120209-175230001/1572639/v5 EXHIBIT "A" page 1 of 2 Tine No. 09- 495104735 -KF Locate No. CAFNT0949- 0949 - 0051 - 0495104735 LEGAL, DESCRIPTION- PARCEL THE LAND REFERRED TO HEREIN BELOW•IS SITUATED IN THE CITY OF ROHNERT'PARK, C()UN1Y OF SONOMA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Being a portion of Parcel IV as described in that certain deed recorded October 4, x.968, in Book 2355,at Page 157, Sonoma County Records; and more particularly described as follows: Beginning at the intersection of the Westerly line of the above mentioned Parcel IV with the South line of the 125.00 foot Rightof Way gfantdd In. that certain deed recorder! February 26,1971 under Recorder's Serial No. L -99785 Sonoma County Records; being the point of- beginning of land to be herein described, thence along said line North 89 degrees 23' 08" E 285.00 feet, thence•North 0 degrees 30 52" W.62.5 feet to the center line of Hinebaugh Creek, thence along center line of Hinebaugh Creek South 89 degrees 23' 08" Westto East line of Expressway, thence Southeast-along Expressway Lathe point of beginning of the herein described parcel of - land. APN:143-051 -00i -000 EXHIBIT "Al page 2 of 2 ' line No. 09.495104734-KF Locate No.. CAMT0949 -0949 -0051- 0495104734 LEGAL ©ESCRXPTION PARCEL 2 THE LAND REFERRED, TO HEREIN. BELOW IS SITUATED IN THE CITY' OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Being a portion of Parcel IV as described in.that.certain deed recorded October 4;1968, in Book 2355 at Page 167, Sonoma County Records, and more particularly described as follows: Beginning at the intersection of the Westerly fine of the above mentioned Parcel IV with the South •line of the 125.00 foot Right of Way granted in that-certain deed recorded February 26, 1971 under Recorder's Serial No. L -99785 Sonoma County Records;. thence along said South line North.89 degrees 23' 08 "'East 285.00 feet to the point of beginning of land to be herein described; thence• North 89 degrees3' OB" East 281.65 feet, the►�ce NarCh 0 degrees 36' S2" East 62•,5 feetto the center line of Hinebattgh Creek, thence along center line of Hinebaugh Creek, South 89 degrees 23' 08" West 281.65 feet, Thence 5auih 0 degrees 36' 52" East 62.5 feet to the point of, i ginning of the herein described parce{ of land. APN: 143 -051 -002 Z cLTA "jminaiy Report Fomm - Modi tied (S i/i7Job) • EXHIBIT "C" CERTIFICATE OF ACCEPTANCE This is to certify the interest in real property conveyed herein is hereby accepted by order of the Council of the City of Rohnert Park pursuant to Council Resolution No. 2010 -04, Dated January 12, 2010 and grantee consents to recordation thereof by its duly authorized officer. CITY OF ROHNERT PARK a Municipal Corporation By: I , Judy Hauff, City Clerk Dated: