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2007/07/10 City Council Resolution 2007-112RESOLUTION NO. 2007 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING, APPROVING AND ACCEPTING SEWER EASEMENT ASSIGNMENT AGREEMENT WITH COUNTY OF SONOMA FOR OPERATION AND MAINTENANCE OF CANON MANOR WEST SANITARY SEWERS WHEREAS, the Board of Supervisors of the County of Sonoma has assigned its rights and obligations for operation and maintenance of the Canon Manor West area wastewater system to the City of Rohnert Park, pursuant to County of Sonoma, Resolution No. 07 -0582, adopted June 26, 2007; and WHEREAS, the City is obligated to accept the Sewer Easement Assignment as required by agreement between the County and City executed October 23, 2001, and adopted by City Council Resolution No. 2001 -228, paragraph 8. 5. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize, approve and accept Sewer Easement Assignment Agreement by and between County of Sonoma, a political subdivision of the State of California, and the City of Rohnert Park, a municipal corporation, for operation and maintenance of the Canon Manor West sanitary sewer system. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 10th day of July, 200-7. ATTEST: CITY OF ROHNERT PARK to l / ! ` C, L: --i% K. �7 ig City ClebU 0Pu4,1,�_ N.J7744,11 TIN Mayor BREEZE: AYE MACKENZIE: AYE SMITH: ABSTAIN STAFFORD: AYE VIDAK- MARTINEZ: AYE AYES: (4) NOES: (0) ABSENT: (0) ABSTAIN: (1) THE WITHIN INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE IN TH18 .OFFICE ATTEST: JUN 2 6 2007 4 ROBERT DEIS, Clerk of the Board of Supervisors of the State of California, In & for the County of Sonoma B� oEPurr R: iBact071 06- 26- 07 1CanonManor- EasementAssign.tivpd #27 RESOLUTION NO. 07-0582 County of Sonoma Santa Rosa, CA 95403 Date: dune 26, 2007 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, ASSIGNING SEWER EASEMENTS AT NO COST TO THE CITY OF ROHNERT PARK FOR THE PURPOSE OF ALLOWING CITY OPERATION AND MAINTENANCE OF THE CANON MANOR WEST ASSESSMENT DISTRICT'S PUBLIC SEWER SYSTEM WHEREAS, the city of Rohnert Park ("City ") has agreed to operate and maintain the Canon Manor West Assessment District's ("District ") sewer system as described'in the "Agreement Between Sonoma County and the City of Rohnert Park to Provide Wastewater Service to the Canon Manor West Area" dated October 11, 2001; and WHEREAS, assignment of sewer easements within the boundaries of the District to City is necessary for the purpose of allowing the City to operate and maintain the District's sewer system is described herein as Exhibit "A "; Sewer Easement Assignment; and WHEREAS, granting of said easement is in the public interest and will not conflict with the goals of the District_ NOW, THEREFORE, BE IT RESOLVED that the Chair of the Board is hereby authorized to execute the "Sewer Easement Assignment" to the City. BE IT FURTHER RESOLVED that the granting ofthis easement is at no cost to the City. SUPERVISORS: Kerns Aye Smith Aye Kelley Absent Reilly Aye Brawn Aye Ayes 4 Noes Abstain 0 Absent i SO ORDERED. REcoRDTNG REQUESTED BY AND WnEN RECQRDED MAIL To: City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, California 94928 Attention: City Manager (Space Abave Ais Line for Recorder's Use Qnly) [Exempt from recording fee per Gov_ Code § 273831 SEWER EASEMENT ASSIGNMENT THIS SEWER EASEMENT ASSIGNMENT ( "Assignment ") by and between County of Sonoma, a political subdivision of the State of California ( "County "), and City of Rohnert Park, a municipal corporation of the State of California ( "City ") is entered into as of the Effective Date (defined below). RECITALS A. County entered into certain easement deeds titled Easement Deed (Canon Manor West Assessment District Project) ( "Easement Deed ") with various Canon Manor West property owners (individually and collectively, the "Owners "). A list of each Easement Deed entered into between County and the Owners is set forth in Exhibit A attached hereto and incorporated herein. The operative terms and provisions of each Easement Deed are identical to the Easement Deed attached hereto and incorporated herein as Exhibit R. B. The Easement Deed provides for numerous public improvement easements for the benefit of the County. C. The County wishes to assign to City, and City desires to accept assignment of the public sewer system easements as set. forth in the Easement Deed, all on the terms and conditions set forth below. . AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions contained in them, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Recitals. The foregoing recitals are incorporated by reference, as though fully restated herein. 2. Assignment: Assumption. a. County assigns, transfers, and conveys to City all of County's right, title, and interest in and to the public sewer system easement as set forth in Paragraph 2 of each Easement Deed ( "Sewer Easements ") together with all of the rights and obligations therein. b. City hereby assumes all of County's obligations under the Sewer Easements accruing on or after the Effective Date. Notwithstanding the foregoing, City shall have no obligation to maintain and/or operate any. public sewer system access service road or other roads ( "Access Roads ") and City does not accept, and expressly declines, any dedication thereof. County retains any and all obligations to maintain and operate the Access Roads that it has pursuant to the Easement Deeds and that certain agreement between County and City referred to as "Agreement Between Sonoma County and the City of Rohnert Park to Provide Public Wastewater Service to the Canon Manor West Area" dated October 11, 200I . 3. indemnity. a. City shall save, protect, indemnify and defend County against and hold County harmless from any claim, loss, damage, or expense, including any reasonable attorneys' fees, asserted against or suffered by County resulting from an liability or obligation arising in connection with the Sewer Easements which accrues following the Effective Date, except to the extent cause by the sole or active negligence or willful misconduct of County. b. County shall save, protect, indemnify and defend City against and hold City harmless from any claim, loss, damage, or expense, including any reasonable attorneys' fees, asserted against or suffered by City resulting from an liability or obligation arising in connection with the Sewer Easements except as set forth in Section 3a herein or to the extent cause by the sole or active negligence or willful misconduct of City. 4. Severability. If any term of this Assignment or the application of such term to a person or circumstance shall to any extent be declared invalid or unenforceable, the remainder of this Assignment, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected by it, and each term of this .Assignment shall remain valid and enforceable to the fullest extent permitted by law. 5. Successor and Assigns. The covenants, terms, conditions and restrictions of this Assignment shall be binding on and inure to the benefit of the parties and their respective heirs, legal and personal representatives, successors, agents and assigns. 6. Construction. This Assignment is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California. This Assignment shall be interpreted as though prepared jointly by both parties. The headings in this Assignment have been inserted solely for convenience of reference and shall . have no effect upon construction or interpretation hereof. 7. Amendment. This Assignment, or any provision hereof, may be modified or amended only with the written consent of County and City. No modification or amendment made in accordance with this paragraph shall be effective until a proper instrument, in writing, has been executed and acknowledged by such parties and recorded in the Official Records. Notwithstanding the foregoing, nothing contained herein shall be deemed to limit, restrict or otherwise affect City's right.to amend any or all of the Sewer Easements, which City may amend by agreement with the applicable Owners, and without Countys consent. 8. Notice. All notices required or permitted to be given shall be addressed as follows: If to County: Co ,n y of Sonoma Department of Transportation and Public Works Attn: John Maitland 230Q County Center Dr., Ste. B -100 Santa Rosa, CA 95403 Tel: (7Q7) 565 =2231 with a copy to: Fax: (707) 565 -2624 NIA - Tel: Fax: If to City: City of Rohnert Park Attn: City Manager 6750 Commerce. Boulevard Rohnert Park, CA 94928 Tel: (707) 588-2227 Fax: (707) 588 -2263 with a copy to: City of Rohnert Park Attn: City Attorney 6750 Commerce Boulevard Rohnert Park, CA 94928 Tel: (707) 588 -2227 Fax: (707) 588 -2263 The foregoing addresses may be changed by written notice. Notice shall be deemed given upon delivery by one of the following methods: (a) recognized overnight common carver service that guarantees next -day delivery; (b) deposited in the United States mail, first class and postage prepaid with return receipt requested, or (c) delivery in person or by messenger. 9. AttOmev Fees. If a dispute arises concerning the performance of the obligations under this Assignment or the meaning or interpretation of any provision of this Assignment, the party not prevailing in the dispute shall pay any and all costs and expenses incurred by the other party in establishing its rights under this assignment, including, without limitation, court costs and reasonable attorney fees. 3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the date first above written. Date: "Effective Date" ATTEST: Judy Hauff City Clerk APPROVED AS TO FORM: Gabrielle P. Whelan, Esq. Deputy City Attorney CITY: CITY OF ROHNERT PARK, a municipal corporation of the State of California By: Name: Steve Donley Its: City Manager COUNTY: COUNTY OF SONOMA, a political subdivision of the State of California. Date: L 124 1D 7 Oe: Valerie Brown Its: Chair, Board of Supervisors ATTEST: Clerk of the Board of Sup visors APPROVED AS TO FORM: ---r Co ty Counsel 4 IIC OWNERS Canon Manor West Assessment District Diagram Number Assessors Parcel Number County Recorder's Easement Deed Number 1 047-281-002 No easement required 2 047-281-008 2005053542 3 047 - 281 -009 2005025385 4 047- 281 -010 2004163997 5 047-281-011 2004163995 6 047- 281 -012 2005021972 7 047 -281-013 2006030582 8 047-281-014 2005032355 9 047-281-015 No easement required 10 047281 -016 No easement required 11 047- 281 -017 No easement required 12 047-281-0118* No easement required 13 047-281-019 No easement required 14 047-282 -008 2004163996 15 047-282-009 No easement required 16 047-282-010 2004163994 17 047 -282 -011 No easement required 18 047-282-012 2005016242 19 047-282-015 2005079587 20 047-292-018 2006148406 21 047- 282 -019 No easement required 22 047 - 282 -021 No easement required 23 047-282-022 No easement required 24 047- 282 -026 No easement required 25 047 -282 -033 2005017221 26 047-282-034 No easement required 27 047-282-035 2006145163 28 047-283-003 2005079460 29 047-283-006 No easement required 30 047 -284 -002 2005016246 31 047 -284-003 2005079460 32 047284-004 2004163991 33 047- 284-005 2005021932 34 047-294-006 2004I63993 35 047-284-013 2004164063 36 047- 284-014 2005184131 37 047 - 284 -015 2005087365 38 047284 -016 2004163988 39 047- 284-017 No casement required 40 047-284-018 2004164070 41 047-284-019 2005017219 42 047-284-025 2005038320 43 047-284-026 2004164495 44 047-284 -027 2004164067 45 047-284-028 No easement re uired 4b 047-284-029 2005038319 Exhibit A 1 of 5 2004164068 2004164065 2004164064 47 047-284-030 LUU'flojygz- 2005038321 2006021398 48 047284 -031 047- 285 -002 047- 285 -003 4g 047- 284-032 55 si} nA'7 '°IDA n1l 2004164068 2004164065 2004164064 51 52 047- 284 -034 047-285-001 LUU'flojygz- 2005038321 2006021398 53 54 047- 285 -002 047- 285 -003 2005058697 2005089780 55 047-285-004 2005145856 56 047-285-009 2005010121 57 .047- 285 -010 2005087366 58 59 60 61 62 63 64 047- 285-013 047-285-014 047- 285-015 047- 285 -016 047- 285 -017 047-285-018. _ 047291 -004 2005166755 2005062446 2005174785 2006158277 2005145860 2005087466 2005044940 65 047-291-005 2005073393 66 047- 291 -009 2005025383 67. 047- 291 -010 2005004200 68 047-291-013 2005046537 69 047291 -014 2005173032 - 70 047- 291 -015 2005173031 71 72 73 047-291-016 047- 291 -017 047-291-019 No easement required No easement re uired 2004163969 74 047-291-023 2004163970 . 75 047291 -024 2005073391 76 047 -291 -025 2005184130 77 047-291-026 2004163971 78 047 292 -001 2005191496 79 047- 292 -002 2004163972 80 047-292-009 2005079586 81 047-292-010 2005026435 82 047-292-011 2004163973 83 047- 292 -013 '2005145858 84 047-292-016 2005102888 85 047- 292 -017 2005094628 86 047-292-018 2005089778 87 047-292-019 2004163974 88 047-292-020 2005044939 89 047 -292 -030 2005066612 90 047- 292 -031 No easement required 91 047-292-032 2005073392 92 047-292-033 2005013217 93 047- 292 -034 No easement required 94 047- 292 -037 2005058698 95 047-292-038 No easement required 96 047-292-051 No easement required 97 047-292-055 2005027985 98 047-292-056 2005025384 99 047-292-057 2005123477 I00 047 -292 -058 2005030700 101 047-29-1-059 2005080250 102 047-292-060 _ 2004163975 103 047- 292 -061 2005004199 '104 047- 292 -062 2004163976 105 047- 292 -063 2005138977 106 047-292-064 No easement required 107 047-293-004 2005030034 108 047-293-006 2004I64497 109 047- 293 -OIO 2004164496 110 047- 293 -021 No easement re uired 111 047- 293 -022 2005174784 112 047- 293 -023 No easement required 113 047 -293 -024 2004164503 I14 047-293-026 2005122272 115 047- 293 -027 No easement required 116 047 - 293 -028 2005051031 117 047.- 293 -031 2005017220 118 047-293-032 2005030702 119 047. 293 -033 2004 - 164502 120 .047 -293 -034 2005166754 121 047-293-035 2005038323 122 047 - 293 -036 2005089041 123 047-294-001 2004164062 124 047-294-002 2004164061 125 047- -294- 003 2005044942 126 047- 294 -007 2005121836 127 047- 294 -063 2005145859 129 047- 294 -013 2004164059 130 047-294-018 No easement required 131 047-294-019 2005077748 132 047-294-020 2004164060 133 047- 294-021 2004163998 135 047- 294 -064 2005078724 136 047- 294-031 2004191010 137 047-294-032 2004164069 138 047-294-033 2004164071 139 047-294-040 2004164072 140 047- 294 -041 No easement required 141 047- 294 -W 2004164073 142 047- 294 -045 No easement required 143 047-294-050 2004164074 144 047-294-051 No easement required 145 047-294-052 2005145857 146 047-294-053 2005079459 147 047 -294 -054 2005026434 148 047-294-062 2005089040 149 047-294-056 2005017218 150 047- 294 -057 2005016244 151 047-294-058 2005004201 152 047-294-059 2004164075 153 047 - 294 -060 2005058699 154 047 -294 -061 2005109083 155 047- 301 -001 2005070187 156 047-301-002 2005089876 157 047- 301 -009 2005030033 158 047-301-010 2005017222 159 047- 301 -014 2005046536 I60 047-301-017 Sanchez 161 047-301-018. No easement required 162 047- 301 -019 No easement re aired 163 •047 -301 -020 2004164076 164 047301 -021 2005070186 165 047 -301 -023 2005174786 166 047-301-024 No easement required 167 047-301-027 2005016243 168 047 -301 -028 2005070188 I69 047 -301 -029 2004163999 170 047 -301 -030 2005004198 171 047-302-001 2005062447 172 047- 302 -002 2004164077 173 047-302-003 2004188269 174 047-302-004 2004164498 175 047- 302 -005 No easement.re uired 176 047-302-006 2005030701 177 047 -302 -007 2004164499 178 047- 302 -008 2005102882 179 047-302-009 2005033108 180 047-302-010 2005044941 181 047-302-011 2004I64500 182 047-302-012 No easement required 183 047-302-013 2004164501 184 047 -302 -014 2005016245 185 047 -302 -016 No easement required 186 047 - 302 -017 2004164078 187 047 - 302 -018 2005089779 188 047-302-019 2004191009 189 047 -302 -020 2004163980 190 047-302-021 2005021931 191 047- 302 -02 No easement required 192 047- 302 -023 2005038322 193 047 -302 -024 2005033107 194 047- 302 -025 2005089875 195 047- 302 -027 2005051029 196 047- 302 -028 No easement required 197 047- 302 -029 2005099309 198 047- 302 -030 2005017216 199 047- 302 -033 2004163982 200 047-302-034 No easement required 20l 047- 302 -035 No easement required 202 047 -302 -036 2005078091 203 047- 302 -037 2006073776 204 047- 303 -GOi 2006021399 205 047- 303 -002 No easement required 206 047- 303 -003 2005033106 207 047- 303 -008 2004163983 208 047-303-009 2004163984 209 047- 303 -010 No easement Teguired 210 047303 =011 2005066613 211 047 -303 -012 No easement required 212 047303 -013 2005016247 2I3 047-303-014 No easement required 214 047- 303 -015 2004I63985 215 047- 304 -001 2004163986 216 047- 304-002 2004163987 217 047 - 304 -003 2005121835 218 047 - 304-007 2005191497 219 047-304-009 2004163979 220 047304-013 No easement required 221 047- 304 -016 2005010120 222 047 -304 -017 No easement mWired 223 047- 304 -019 No easement required 224 047- 304 -021 200505I030 225 047- 304-024 2005046535 226 047 -304 -025 No easement required 227 047 -304 -032 2004164000 228 047- 304 -Q33 2004164066 229 047-304-034 2005081866 230 047 -304 -035 2005099510 RECORDING REQUESTED BY COUNTY OF SONOMA -BIT B WHEN.RECORDED,RETURN EXHI TO EXECUTIVE SECRETARY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS SPACE ABOVE THIS LINE IS FOR RECORDER'S USE Record free per Ca . Code 62n faired by Sane out County Dept orTransportalloo and Public Walla for EASEMENT DEED public works project (Canon Manor West Assessment District Project) [* *INSERT NAME OF GRAN'TOR(S) * *], subsequently referred to as "Grantor" GRANT(S) TO: THE COUNTY OF SONOMA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA EASEMENTS OVER GRANTOR'S PROPERTY DESCRIBED IN EX MIT "A" FOR THE PURPOSES OF CONSTRUCTING AND OPERATING A PUBLIC WATER SYSTEM, AND A PUBLIC WASTEWATER SYSTEM, AND ACCESS ROADS TO THESE SYSTEMS, AND OTHER PUBLIC UTILITIES INCLUDING DRAINAGE IMPROVEMENTS, AND FOR PUBLIC ROAD PURPOSES IN CONNECTION wiTH THE CANON MANOR WEST ASSESSMENT DISTRICT PROJECT. Background and Intent of this Easement Deed. In 1999 property owners in Canon Manor West submitted written petitions to Sonoma County seeking the formation of an assessment district to provide public improvements to the properties in Canon Manor West. Then in September of 2001, the property owners in Canon Manor West considered approving an assessment district and a levy of assessments for the construction and operation of certain public improvements in Canon Manor West as set forth in an Engineer's Report. These public improvements include: (a) a public potable water system (including fire hydrants on every street) to be built and operated by the Penngrove Water Company, and (b) a public sewer system connecting the City of Rohnert Park, and (c) sewer and water system service roads that also serve as better property access roads than now exist, and (d) public utilities, including a better storm drain system than now exists. After balloting, the majority of Canon Manor West property owners balloted in favor of the assessment district and a levy of assessments. RD:Yr /st(em} rl design ldeeds\canondeedsteaseformp£wpd Page 1 of 6 Grantor(s) own certain property (described in Exhibit "A" to this Easement Deed) overwhich easements are needed for the construction and operation of the Canon Manor West Assessment District Project. By this Easement Deed Grantor(s) grant(s) to Sonoma County easements over the property described in Exhibit "A." Grantor(s) and Sonoma County understand and anticipate that Sonoma County will accept the various easements set forth below, except for the public road easement. As part of the Canon Manor West Assessment District Project the access roads are being improved, but not to complete County public road standards. The public road easement offered in this Easement Deed may be accepted into the County road system sometime in the future when and if the public roads in Canon Manor West are fully improved to complete County public road standards. So that it is possible that the access roads may be improved to complete County public road standards sometime in the future without the need for another Easement Deed, Grantor(s) and Grantee intend that the public road easement offered in this Easement Deed be an irrevocable offer, which Sonoma County may accept in the future (even though rejected by the County at this point in time), without further action by Grantor(s) or their successors in interest. Easements For Canon Manor West Assessment District Project 1. Public' Water System Easement. Grantor(s) grant(s) to Sonoma County and to the Altos Sonoma Corporation, doing business as the Penngrove Water Company, an easement overthe property described in Exhibit "A" for the purposes of constructing, installing, maintaining, and operating a public water system, including fire hydrants and associated public water facilities and public water system access service roads that may also serve as improved property access roads. This easement grant also includes the right in the future to replace installed facilities and to install and maintain and operate new public water facilities, both aboveground and underground. The Altos Sonoma. Corporation, doing business as the Penngrove Water Company, shall coordinate its use of the public water system easement with Sonoma County and obtain County's prior approval in locating its public water system improvements. 2. Public Sewer System Easement. Grantor(s) grant(s) to Sonoma County an easement over the property described in Exhibit A for the purposes of constructing, installing, maintaining, and operating a public sewer system, including any associated public wastewater facilities and public sewer system access service roads that may also serve as improved property access roads. This easement grant also includes the right in the future to replace installed facilities and to install and maintain and operate new public sewer facilities, both aboveground and underground. RD.PF /st(em) rldesignldeedslcanondeedsleaseformpf wpd Page 2 of 6 3_. Public Utility Easement Including Drainaae Easement_ Grantor(s) grant(s) to Sonoma County an easement over the property described in Exhibit "A" for the purposes of constructing, installing, maintaining, and operating public utilities, including drainage facilities and any associated public utility facilities. This easement grant also includes the right in the future to replace installed facilities and to install and maintain and operate new public utility facilities, both aboveground and underground. Grantor(s) also grants an easement to all public utility providers, such as the public electric and public gas and public telephone and cable television providers, to install their facilities in the easement area, provided that Sonoma County first approves the installation and location of the facilities. 4. Public Road Easement. Grantor(s) grant(s) to Sonoma County an easement over the property described in Exhibit "A" for the purposes of constructing, installing, maintaining, and operating a public road system, including any associated public road facilities such as curbs, gutters, sidewalks, landscaping, ditches, culverts, street lighting facilities and appurtenances, pedestrian, equestrian, and non- powered vehicle purposes. This easement grant also includes the right in the future to replace installed facilities and to install and maintain and operate new public road facilities, both aboveground and underground. Grantor(s) acknowledges that Sonoma County has informed Grantor(s) that Sonoma County will reject, at this time, the grant ofpublic road easement set forth in this paragraph 4. Grantor(s) grants and makes an irrevocable offer ofpublic road dedication so that, in the future, Sonoma County may accept this grant ofpublic road easement when a Canon Manor West road is improved to complete County public road standards. To that end, Grantor(s) intends and by this Easement Deed makes an irrevocable offer of a. dedicated public road easement, as set forth above, which may be accepted by Sonoma County at any time in the future without any further action by Grantor(s) or any successors in interest. General Provisions. The provisions of this Easement Deed shall be binding on any successors in interest or assigns of Grantor(s) and Grantee. The parties do not intend and this Easement Deed shall not be construed such that (1) it creates in County the obligations or liabilities of an "owner" or "operator" as those words are defined and used in environmental laws, as defined below, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 United States Code, sections 9601 et seq. and hereinafter "CERCLA "), or (2) County has the right to investigate and remediate any hazardous materials, as defined below, associated with the Property, or (3) County has any control over Grantor(s)'s ability to investigate and remediate any hazardous materials associated with the Property. Grantor(s) represents, warrants and covenants to County that Grantor(s)'s future use of the Property shall comply with all environmental Iaws as that phase is defined below. For the purposes of this Agreement: RD_PFtst(em) rldesign ideedslcanondeedsleaseformpfwpd Page 3 of 6 a. The term "hazardous materials" includes, without limitation,_ any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, orrelated materials defined in CERCLA, the Hazardous Materials Transportation Act, as amended (49 United States Codes sections 1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 United States Code Sections 6901 et seq.). sections 25117 and 25316 of:the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environment, industrial hygiene or public health or safety now in effect or enacted after this date. b. The term "environmental laws" includes, without limitation, any federal, state, local or administrative agency statue, regulation, rule, ordinance, order or requirement relating to environmental conditions or hazardous materials. Dated 2003 jINSERT NAME(s) OF OWNER(s)] Dated 2003 [INSERT NAME(s) OF OWNER(s)] RDTF /st(em) r.\ designldeedslcanondeedsleaseformpf wpd Page 4 of 6 Exhibit "A" (insert correct legal description) RDTFlst(em) rtdesign ldeedslcanondeedsleasefoimpf wpd Page 5 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On before me, NAME, THE OF OFFICER - E_G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) 11 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY RDTF /st(em) r_l design ldeedslcanondeedslemeformp£wpd Page 6 of 6 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On . June 26, 2007 Data personally appeared ss. before me, _ Mary J. Bowman, Notary Public Name and Title of oillcer (e g. Jane Doe, Notary Publfc-) MARY J. BOWMAN W ( Ir COMM- #1651678 NOTARYPUBuc- cAt1FORNIA n sOr'OMA COUNTY , Place Notary Seat Above Valerie Brown Names} of Sloner(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person {st} whose narne(s) istare subscribed to the within Instrument and acknowledged to me that helsheAhey executed the same in his/her4reir authorized capacity(ies), and that by His/her /tkeir signature(4) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 6SI9#Wre at Notary PUMIC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Sewer Easement Assip-nment (County of Sonoma & City of Rohnert Park) Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey in Fact • Trustee • Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THUMSPRI NT OF SIGNER Number of Pages: Name: • Indivi • Corporate Offileer Title(s): ❑ Partner — ❑ tamite er ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 2004 National Notary Assodation - 9350 Da Solo Ave.. P.O. Box 2402 - Chatsworth, CA 91313 -2402 Item No. 5907 Reorder. Cap Toll -Free 1800- 876-6827 State of California } ) ss. County of j On before me, (insert name and title of the offrcer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) 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. WITNESS my hand and official seal. Signature State of California ) ss. County of on before me, (insert name and title of the officer), personally appeared 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 persons) acted, executed the instrument. WITNESS my hand and official seal. Signature P