2008/04/22 City Council Resolution 2008-61RESOLUTION NO. 2008 -61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
SUMMARILY VACATING CREEK PATH EASEMENT, APPROVING AND
AUTHORIZING EXCHANGE OF DEEDS FOR REALIGNMENT OF CREEK PATH
EASEMENT, REDWOOD CREEK APARTMENTS SITE, 500 -600 ROHNERT PARK
EXPRESSWAY, (APN 143 -391 -083)
WHEREAS, the California, Streets and Highways Code, Division 9, Part 3, Chapter 4
(the Code) governs summary vacations of public service easements; and
WHEREAS, the portion of the Hinebaugh Creek Path easement located on 500 -600
Rohnert Park Expressway is being relocated, pursuant to section 8333 (c) of the Code, as
described on the attached Quitclaim and Easement Deeds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby vacate the portion of the Hinebaugh Creek Path Easement described on
the attached Quitclaim Deed.
BE IT FURTHER RESOLVED that from and after the date the resolution is recorded,
the portion of the creek path easement vacated no longer constitutes a public service easement.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute the Quitclaim Deed and the City Manager is authorized and directed to execute the
Easement Deed Certificate of Acceptance pertaining to same for and on behalf of the'City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 22nd day of April, 2008.
CITY OF ROHNERT PARK
PE—
mayor
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE:
AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RECORDING REQUESTED BY:
First American Title Insurance Company
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
Engineering/Public Works Department
6750 Commerce Boulevard
Rohnert Park, CA 94928
QUITCLAIM DEED
WHEREAS, The Spanos Corporation, a California corporation ( "Spanos "),
granted to The City of Rohnert Park, a municipal corporation (the "City "), that certain
Easement Deed dated March 14, 2004, recorded on November 12, 2004 in the Official
Records of Sonoma County as Instrument Number 2004171680 for the construction,
improvement, maintenance and repairs, operation and.replacement of a non - exclusive
bicycle and pedestrian easement (the "Easement') over that certain property owned by
Spanos located at 600 Rohnert Park Expressway West, Rohnert Park, Sonoma County,
CA known as Redwood Creek Apartments ( "Property "). A copy of the Easement is
attached hereto as ExhibitA.
WHEREAS, Columbia Redwood Creek, LLC, a Delaware limited liability
company ( "Redwood "), is the successor in title of the Property to Spanos under that
certain Deed recorded in the Official Records of Sonoma County as instrument
2006080661.
WHEREAS, the physical placement. of the bicycle and pedestrian path as
described in the Easement was redirected due to a protected species of tree and does .not
lie fully within the easement area.
. WHEREAS, the City has agreed to quitclaim and terminate the Easement and
Redwood has agreed to grant a new easement..,
NOW THEREFORE, the City, acting through its duly authorized officer, for and
in valuable consideration, receipt of which is hereby acknowledged, hereby remises,
releases and forever quitclaims the Easement located on the Property to Redwood and
extinguishes all conditions and covenants contained therein.
WAgendas - City Council\Agenda - Items\2008 \04 -22 -08 \Creek
Path Quitclaim_Deed.doc 1 .(Redwood Creek]
IN WITNESS WHEREOF, the City has duly executed this instrument as of the
date hereinafter written.
DATED: April 22, 2008
The City:
CITY OF ROHNERT PARK,
a municipal corporation nn
By:
ke M kenzie, ayor
State of Califo nia
County of )QnDMA. )
before me-,"" J r� On 01 M
(insert hame and title of the officer) personally appeared z
Who proved to me on the basis of satisfactory evidence to be the person(i4 whose name(.
is/ subscribed to the within instrument and acknowledged to me that he/ /may
executed the same in:his/liw /ter authorized capacity(iw), and that by his/at /tbOr
sighature(tj on the instrument the person(, or the entity upon behalf of which the
persono) 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..
REM OA. GRIFFIN
CoMnUstion # 1779423
Nolan► /ubNC - CGWQ"90
sonon10 COUMV
Signature (Seal) 1Mrc° Dq*no1@ct.7f�1�:.
M:\Agendas - City Council\Agenda - Items\2008 \04- 22-08 \Creek
Path Quitclaim_Deed.doc 2 [Redwood Creek]
EXHIBIT A
Easement
H]EE . "IVED
NOV 92004 00417' 1680
II�I 'I��IL����IIII I�IIIIIII I
WHEN'RECORDED RETURN TO: . F' RECORDS OF
CITY OF ROHNERT PARK
SONDMA COUNTY
ENGINEERING/PUBLIC WORKS DEEarly OF I MWRT PARK GOVT AGENCY EEVE T. EENIS
City of Rohnert Park 11/12/2004 12:48 DEED cJ PGS
6750 Commerce Boulevard �' RECORDING FEE: 0.00
Rohnert Park, CA 94928 PAID
btiy. R.Pe�tt<
EASEMENT DEED
RECORDED FOR BENEFIT OF CITY OF ROHNERT PARK. NO FEE PURSUANT TO GOVERNMENT
CODE SECTION 6103.
WE, THE SPANOS CORPORATION GRANT(S)
TO THE CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION
A NON - EXCLUSIVE BICYCLE AND PEDESTRIAN EASEMENT with.a right of immediate entry and continued possession for the
construction, improvement, maintenance and repairs, operation and replacement as described on EXHIBIT "A^ ATTACHED. Situated
in the City of Rohnert Park, County of Sonoma, State of California.
By:
A.P.N. 143-391-002 & 004 6T�hpanos* orporatiou
Date i-1a/Z(1H f 2004 By:
The Spanos Corporation
STATE OF CALIFORNIA
COUNTY OF _ s0 [.AND
On MARGIN 1 x2004 before
me, 34q 3F1 FRI ED personally appeared
mpl goSSICK
personally known to me (or 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.
��•�
CommltNOtt t 11ti9p01 .
. WATNESS my h nd an officio $eal.
• v �c - Caltomw
Signature t
5oloio
MYCWALEx kftJan2.
(SEAL)
W: \OFFICE1Easement \0l \068\Bike Path Ol.wpd
M:1Agendas - City Council\Agenda - Items\2008 \04 -22 -08 \Creek
Path Quitclaim_Deed.do6 3 [Redwood Creek]
CERTIFICATE OF ACCEPTANCE
This is to certify the interest in real property conveyed herein is hereby accepted
by order of the City Council of the City of Rohnert Park pursuant to City Council
Resolution/O ee-No. 2004 -288 dated October 26, 2004
and grantee consents to recordation thereof by its duly authorized officer.
CITY OF ROHNERT PARK:
a Municipal Corporation
Dated: Y By:
Carl Eric Leivo, City anager
M:\Agendas - City Council\Agenda - Items\2008 \04 -22-08 \Creek
Path Quitclaim_Deed.doc
4 [Redwood Creek]
e
EHBAECHTEL HUDIS INC.
CONSULTING CIVIL ENGINEERS
AND PLANNERS
EXHIBIT "A"
LEGAL DESCRIPTION
PREPARED FEBRUARY 20, 2004 '
PARCEL 1
A 5 -foot easement for pedestrian and bicycle path purposes, and the right to maintain and repair same; located in
the City of Rohnert Park, .County of Sonoma, State of California, being a portion of the lands of The Spanos
Corporation, a California Corporation, as deed being recorded in Document Number 2003 018562, Sonoma County
Records, and being the northerly five feet of said lands of The Spanos Corporation and being a portion of Parcel
1 as shown on that certain map titled " Rohnert Park Parcel. Map No. 38" recorded in Book 253 of Maps at Page 34,
Sonoma County Records.'More particularly described as'follows: .
Beginning at the northeast corner of said Lot 1, thence South 0° 07'53" East, 5.00 feet along the westerly right -of-
way of Labath Avenue; thence leaving said right-of-way South 89° 53' 15" West, 569.39 feet to a tangent curve to
the right having an internal angle of 48° 14' 11" and a radius.of 554.93 feet to the westerly boundary of said Lot.1;
thence North 35° 25.'40" East, 5.13 feet to a point on the southerly boundary of Hinebaugh Creek. Said point being
on a curve having a radius point which bears North 48° 14'28" East, a distance of 549.93 feet; thence easterly along
said curve having an internal angle of 48 °21' 13" and a length of 464.10 feet; thence North 89° 53' 15" East, 569.39
feet to the Point of Beginning.
Containing 5,175 Sq. Ft.
Legal Description Prepared by Baechtel Hudis Inc.
By Z_—!!N �040r'C-41' 2/20/04
Gordon Baechtel, R:C.E. 20160. Date
My license expires 09/30/05. ^�
W: \0FFICE\Easement \01 \068\Bike Path 01.wpd EXHIBIT "A" - Page I of 1
2360 PROFESSIONAL DRIVE, SANTA ROSA; CA 95403 -3021
TEL (707) 542 -8795 FAX. (707) 542 -6147
WAgendas - City Council\Agenda - Items\2008 \04 -22-08 \Creek
Path Quitclaim_Deed.doc 1 5 [Redwood Creek)
M:Wgendas - City Council\Agenda - Items12008104- 22- 081Creek
Path Quitclaim_Deed.doc 6 [Redwood Creek]
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Path Quitclaim_Deed.doc 6 [Redwood Creek]
RECORDING REQUESTED BY:
First American Title Insurance Company
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
Engineering/Public Works Department
6750 Commerce Boulevard
Rohnert Park, CA 94928
EASEMENT DEED
RECORDED FOR BENEFIT OF CITY OF ROHNERT PARK. NO FEE PURSUANT
TO GOVERNMENT CODE SECTION 6103. '
We, Columbia Redwood Creek, LLC, a Delaware limited liability company, grant to The
City of Rohnert Park, a municipal corporation,
A Non - Exclusive Bicycle and Pedestrian Easement with right of immediate entry and
continued possession for the construction, improvement, maintenance and repairs,
operation an replacement as described on Exhibit A and Exhibit `A' - lattached hereto
and made a part hereof, situated in the City of Rohnert Park, County of Sonoma, State of
California.
Executed as of the 14th day of March 2008.
Columbia Redwood Creek, LLC,
a Delaware limited liability company
By: Windsor Columbia Realty Fund
LLC, a Delaware limited liability
company, its sole managing member
By: Windsor Advisers VI LLC, a
Delaware limited liability
company, its managing
membe
Name: Timot y mkle
Title: Vice President
Assessor's Parcel Numbers: 143 -391 -083
RA\Redwood CreekWike Path Easement\Replacement Easement
COMMONWEALTH OF MASSACHUSETTS )
) ss:
COUNTY OF SUFFOLK )`
I hereby certify that on this 14th day of March in the year 2008, before the
subscriber, a Notary Public in and for said Commonwealth, personally appeared Timothy
J. Hinkle, Vice President of WINDSOR ADVISERS VI LLC, a limited liability company
organized and existing under the laws of Delaware, managing member of Windsor
Columbia Realty Fund LLC, sole managing member of Columbia Redwood Creek, LLC,
to me known and known by me to be the party executing the foregoing instrument for and
on behalf of WINDSOR ADVISERS VI LLC, and he acknowledged said instrument by
him executed, to be his free act and deed in his capacity as aforesaid and the free act and
deed of WINDSOR ADVISERS VI LLC.
In testimony whereof I have affixed my official se 1, this 14th day of March, A.D.
2008. k
jftv
Public
(Notarial Seal])
Date of Expiration: �3 1
a JANET L. RICHARDS
Notary Public
Commonwealth of Massachusetts
ku!j My Commission Expires
September 8, 2011
R: \\Redwood Creek\Bike Path Easement\Replacement Easement
EXHIBIT A
LEGAL DESCRIPTION OF THE PEDESTRIAN AND BICYCLE PATH
EASEMENT ACROSS THE LANDS OF THE SPANOS CORPORATION
A VARIABLE, WIDTH EASEMENT LOCATED IN THE CITY OF ROHNERT PARK,
COUNTY OF SONOMA, STATE OF CALIFORNIA, BEING A PORTION OF THE
LANDS OF COLUMBIA REDWOOD CREEK, LLC, A DELAWARE
CORPORATION, AS DESCRIBED BY DEED FILED JUNE 28, 2006 UNDER
DOCUMENT, NO. 2006 - 80661, SONOMA COUNTY RECORDS, AND BEING A
PORTION OF LOT. `1' AS SHOWN ON THAT CERTAIN MAP TITLED " ROHNERT
PARK PARCEL MAP NO. 38" RECORDED IN BOOK 253 OF MAPS AT PAGE 34,
SONOMA COUNTY RECORDS. MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF.SAID LANDS OF COLUMBIA
REDWOOD CREEK, LLC, BEING THE NORTHEAST CORNER OF SAID LOT `1',
ALSO LYING ON THE WESTERLY LINE OF LABATH AVENUE, THENCE
SOUTH 00 007'53" EAST, 2.50 FEET ALONG SAID WESTERLY LINE OF LABATH
AVENUE; THENCE LEAVING SAID WESTERLY LINE OF LABATH AVENUE
SOUTH 89053'15" WEST, 569.39 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 545.00 FEET; THENCE
WESTERLY 207.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 21046'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 250.00 FEET; THENCE WESTERLY
13.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03005'10"
TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 1,000.00 FEET; THENCE WESTERLY 12.25 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00 042'07" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIUS OF 551.43 FEET; THENCE WESTERLY 232.53: FEET ALONG SAID
CURVE THROUGH A CENTRAL'ANGLE OF 24 009'40" TO THE WESTERLY LINE
OF SAID LOT `l', THENCE ALONG SAID WESTERLY LINE NORTH 35 025'40"
EAST, 1.54 FEET TO THE NORTHWEST CORNER OF SAID LOT `l.', SAID
CORNER BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO
THE. NORTHEAST HAVING A RADIUS OF 549.93 FEET;TO WHICH POINT A
RADIAL LINE BEARS NORTH. 48 °14'28" EAST; THENCE SOUTHEASTERLY
AND EASTERLY ALONG THE NORTHERLY LINE OF SAID LANDS 464.10 FEET
Page 1 of 2
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48"21'13"; THENCE
CONTINUING ALONG SAID NORTHERLY LINE NORTH 89053'15" EAST, 569.39
FEET TO THE POINT OF BEGINNING.
CONTAINING 2,297 SQUARE FEET, MORE OR LESS
BRAD FOULK, PLS 7071
Expires: 12 -31 -2008
Page 2 of 2
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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/Ordinance No. 2008 -61
Dated April 22, , 2008
and grantee consents to recordation thereof by its duly authorized officer.
CITY OF R01 NERT PARK
a Municipal Corporation
By , Stephen R. Donley, City Manager
Dated:
R:11Redwood Creek\Bike Path Easement\Replacement Easement