2007/08/14 City Council Resolution 2007-134RESOLUTION NO. 2007 -134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN EASEMENT AGREEMENT WITH
SONOMA COUNTY WATER AGENCY AND ACCEPTANCE OF
EASEMENT PROPERTY FOR THE EASTSIDE TRUNK SEWER PROJECT, PHASE I
CITY PROJECT NO. 2004-05
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an easement agreement by and between Sonoma County Water Agency
and the City of Rohnert Park, to include permanent easement over portions of the Agency
Property for the purposes of construction of the City of Rohnert Park Eastside Trunk Sewer and
Snyder Lane and Bridge Widening Project and the Rohnert Park Sewer Interceptor /Outfall
Project and a temporary right of occupancy over portions of the Agency Property for the purposes
of construction and maintenance of engineering improvements.
BE IT FURTHER RESOLVED that the Mayor-!-hereby authorized and directed to
execute this easement agreement and acceptance in substantially similar form to the attached
agreement and acceptance for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14th day of August, 2007.
CITY OF ROHNERT PARK
Mayor
♦ TTTC-T-
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
JH- S:05 -f
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
EASEMENT AGREEMENT
This Easement Agreement ( "Agreement ") is made by and between the Sonoma County Water
Agency ( "Agency ") and the City of Rohnert Park ( "City ").
RECITALS
WHEREAS, Agency is the owner of certain real property within City of Rohnert Park and the.
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City of Cotati, County of Sonoma, State of Call forma commonly known as Hinebaugh Creek Channel,
Copeland Creek Channel, Bellevue /Wilfred Channel, and the Cotati Intertie Pipeline, and being more
particularly described as follows:
All that certain real property situated in the City of Rohnert Park, County of Sonoma,
State of California, described as follows:
All that portion of the real property of the Lands of Groom, described in instrument
recorded December 10, 1963, in Book 2007 of Official Records, page 502, under
Recorder's Serial No_ H- 67846, Sonoma County Records, which lies within the
following described parcel of land:
BEGINNING at a point marked by a '/2 inch iron pipe designated R.C.E. 10430, said
point having coordinates of Y= 249,851.36 and X= 1,790,744:80 and said point being
also, South 59° 45' 50" East, 72.00 feet from, Point "D ", as referred to in an instrument
recorded in May 29, 1961, Book 1826 of Official Records, page 122, under Recorder's
Serial No. G- 50919, Sonoma County Records; thence from said true point of beginning,
North 59° 45' 50" West, 144.00 feet; thence North 30° 14' 10" East, 412.98 feet; thence
North 29° 40' 22" East, 1077.27 feet; thence along a tangent curve to the right, having a
radius of 272.00 feet, through an angle of 117° 04' 16 ", a distance of 555.77 feet; thence
along 'a tangent line, South 33° 15' 22" East, 1306.36 feet; thence along a tangent curve
to the left, having a radius of 450.07 feet, through an angle of 56° 50' 42 ", a distance of
446.53 feet; thence tangent to the last mentioned curve, North 89° 53' 56" East, 2799.37
feet; thence South 0° 06' 04" East, 124.00 feet; thence South 89° 53, 56" West, 2836.32
feet; thence along a tangent curve to the right, having a radius of 549.93 feet, through an
angle of 56° 50' 42 ", a distance of 545.60 feet; thence along a tangent line, North 33° 15'
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22" West, 1306.36 feet; thence along a tangent curve to the. left, having a radius of
128.00 feet, through an angle of 117° 04' 16 ", a distance of 261.54 feet; thence along a
tangent line, South 29° 40' 22" West, feet; thence South 30° 14' 10" West,
413.74 feet to the true point of beginning.
APN: 143- 040 -017, APN: 143-040-036, & APN: 143- 391 -005
All that certain real property situated in the City of Cotati and the City of Rohnert Park,
County of Sonoma, State of California;`described as follows:
PARCEL ONE
A STRIP OF LAND, 105 feet in width, lying' 52.50 feet on each side of, measured at
right,angles. to, the following described line:
BEGINNING at "Point C ", as described in that certain Grant Deed, executed by Chris
Knudtsen, et ux, to the Sonoma County Flood Control and Water Conservation District_
recorded June 26, 1962, in Book _1897 of Official Records, page .653, under Recorder's
Serial No. G- 97478, Sonoma County Records and designated in Parcel 1; thence South
89° 58' 48" East, 2,446 feet, more or less, to the easterly boundary of said Lands of Chris
Knudtsen and Emma Knudtsen, recorded February 10, 1939, in Book 468 of Official
Records, page 327, under Recorder's Serial No. B -3127, Sonoma County Records.
The Basis of Bearings and Coordinates for this description is the California Coordinate
System, Zone 2.
APN: 143 -391 -030
PARCEL TWO
BEING a portion of the lands conveyed to John Carpena by instruments recorded
September 29, 1943, in Book 587 of Official Records, page 417, under Recorder's Serial
No. B- 66356, Sonoma County Records and recorded March 30, 1950, in Book 949 of
Official Records, page 569, under Recorder's Serial No_ D- 10100, Sonoma County
Records, and being more particularly described as follows:
BEGINNING at a point on the west line of U.S. Highway 101 and the centerline of
Copeland Creek, from which a bronze cap monument marked Sonoma County Flood and
Water Conservation District set in the top of a concrete box culvert over the Laguna de
Santa Rosa on the West Frontage Road of U.S. Highway 101, marking the point on the
most easterly line of a property description for conveying a .parcel of land to Sonoma
County Flood and Water Conservation District, as recorded on December 19, 1961, in
Book 1.862 of Official. Records, page 774, under Recorder's Serial No. G- 75061, Sonoma
County Records, bears South 0° 26' 02" East, 2,221.16 feet; said point of beginning
having coordinates Y 1,795,713.18 and X 247,186.09; thence along the centerline of
Copeland Creek, North 890 58' 48" West, 423.33 feet to the northwesterly corner of the
lands of George.E. and Doris J. Scott, as recorded on November 20,196 1, in Book 1 857
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of Official Records, page 826, under Recorder's Serial No. G- 71800, Sonoma County
Records; thence leaving said centerline of Copeland Creek and along the east line of the
said Lands of Scott, South 0° 01' 12" West, 52.50 feet; thence South 890 58'• 48" East,
423.53 feet to the said west line of U.S_ Highway 101; thence North 00 01' 12" East,
52.50 feet to the point of beginning of this description.
The Basis of Bearings and Coordinates for this description is the California Coordinate
System, Zone 2,
APN: 144 -010 -077 (portion)
All the aforementioned property is hereafter referred to as the "Agency Property"
WHEREAS, City wishes to obtain a permanent easement over portions of the Agency Property
for the purposes of construction of the City of Rohnert Park Eastside Trunk Sewer and Snyder Lane and
Bridge Widening. Project and the Rohnert Park Sewer Interceptor /Outfall Project (the "Projects ")
described as follows:
That portion of the hereinabove described real property being more particularly described
in Exhibit "A ", and as shown in Exhibit "A -1 for reference, attached hereto and made a
part hereof (hereinafter.referred to as the "Easement Area ").
WHEREAS, City wishes to obtain a temporary right of occupancy over port ions of the
Agency Property for the purposes of construction of the Projects described as follows:
That portion of the hereinabove described real property being more particularly described
in Exhibit "B ", and as shown for reference in Exhibit "B -1 ", attached hereto and made a
part hereof (hereinafter referred to as the "Temporary Right of Occupancy Area ").
NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual
covenants, terms, conditions and restrictions contained herein, Agency and City covenant and agree as
follows:
AGREEMENT
1. Grant of Non - Exclusive Easement. Agency hereby grants to City anon- exclusive
easement, together with access rights, on, over, and under Parcel One and Parcel Two (hereinafter
referred to as the "Easement Area ") of the nature, character and extent, and subject to the conditions, set
forth in this Agreement ( "Easement ").
2. Description of Easement over A gency Property. The Easement is a perpetual easement
and right -of -way for the purpose of. laying down, constructing, reconstructing, removing, replacing,
repairing, maintaining, operating and using the Projects, in accordance with improvement plans entitled:
City of Rohnert Park Eastside Trunk Sewer and Snyder Lane and Bridge Widening Project, dated
January, 2007, and Rohnert Park Sewer Interceptor /Outfall Project, dated January, 2007 (hereafter
referred to as the "Project Plans"), in, under, along, and across the Easement Area and the right at all
times to enter in, over, under, and upon said Easement Area for all purposes connected with the laying
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down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using
fixed works indicated in the Project Plans; provided, however, that said use does not damage or restrict
Agency's full use of the Agency Property or the improvements existing thereon in any way. Agency
reserves the right to install, construct, operate, and maintain both its existing improvements and any
future improvements on the Agency Property.. This.easement is granted on the condition that City's use
of the easement does not damage or restrict Agency's full use of existing Agency improvements in any
way. The grant of easement herein is subject and subordinate to the rights of Agency and its successors
and assigns, to use the Agency. Property in the performance of its, governmental and proprietary
functions:
3. Term. The easement granted in section 2 above shall continue indefinitely so long as City
is in compliance with the terms and conditions of this Agreement.
4. Maintenance of Easement., City shall maintain all improvements within the Easement
Area at City's sole cost and expense. Any reconstruction or maintenance activities performed by City
and related to the easement shall not interfere with the Agency's continued use of the Agency's Property
or the Easement Area or for any purpose- City shall. not materially alter or reconstruct the Projects
without first obtaining Agency's written approval of plans for such alteration or reconstruction, which
approval shall not be unreasonably held, conditioned or, delayed.
5. Description of TemporaU Right of Occupancy. The right to temporarily use the
Temporary Right of Occupancy Area is for the purpose of constructing, in accordance with the Project
Plans, in, under, along, and across the Temporary Right of Occupancy Area and the right at all times to
enter in, over and upon said Temporary Right of Occupancy Area for all purposes connected with the
constructing the Projects; provided, however, that said use does not damage or restrict Agency's full use
of the Agency Property or the improvements existing thereon in any way. Agency reserves the right to
install, construct, operate, and maintain both its existing improvements and any future improvements on
the Agency Property. This temporary night of occupancy is granted on the condition that-City's use of
the temporary right of occupancy does not damage or restrict Agency's full use of existing Agency
improvements in any way. The temporary right of occupancy herein is subject and subordinate to the
rights of Agency and its successors and assigns, to use the Agency Property in the performance of its
governmental and proprietary functions.
6_ Term of Temporary Right of Occupancy. The Term of the Temporary Right of
Occupancy shall be 365 days. The tern of the Temporary Right of Occupancy shall begin on the date of
the City's Projects Notice to Commence. City and Agency may mutually agree to extend such term.
7. Waste or Nuisance; Agency's Rights in Property. City shall not commit or suffer: (a) any
waste or nuisance on the Easement Area or Temporary Right of Occupancy Area; (b) any action or use of
the Easement Area or Temporary Right of Occupancy Area which interferes or conflicts with the use of
the Easement Area or Agency Property by Agency or any authorized person; or (c) any action on the
Easement Area or Temporary Right of Occupancy Area in violation of any applicable law or ordinance.
Except as otherwise provided in this Agreement, City shall not undertake or permit any activity or use on
the Easement Area or Temporary Right of Occupancy Area that is inconsistent with the purpose of this
Agreement, including, without limitation, the following activities: (a) constructing, reconstructing,
replacing, repairing, or maintaining any building, structure, utilities, or other improvement other than as
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shown on the Project Plans or approved by Agency in writing; (b) altering the surface or contour of the
land in any manner not consistent with the Project Plans, including; but not limited to, excavating or
removing soil, sand, gravel, rock, sod, trees, shrubs, plants or vegetation; (c) degrading or eroding the
soil or polluting any surface or sub - surface waters; (d) dumping, accumulating, or storing trash, ashes,
garbage, waste, junk, non- operative vehicles, or other materials; (e) damaging the integrity ofthe surface
beyond normal wear and tear; (f) exploring for or developing and extracting minerals and hydrocarbons
by any mining method, surface or otherwise; (g) parking any vehicle; and (h) placing or leaving any
personal property of City or City's tenants.
8. Non - Liability of Agency; Indernnity. Agencyand its officers, agents, and employees shall
not be liable to City or any third party for any injury; loss; or damage arising out of or in connection with
the use of the easement or temporary right of occupancy granted herein. City agrees to defend,
indemnify, hold harmless, and release Agency, and its officers, agents, and employees, from and against
any and all actions, claims, damages, liabilities, or expenses that maybe asserted byany person or entity,
including City, arising from the Projects or arising from the use of the easement or temporary right of
occupancy granted herein by City or by any third party in connection with the construction, operation, or
maintenance of the Projects. City agrees to compensate Agency for any damage to Agency property as a
result of the construction, operation, or maintenance of said Projects. If fixture laws or regulations
require a greater separation between the Projects and any Agency improvements, City shall relocate the
Projects accordingly and be responsible for any costs associated with the•relocation.
9. Enforcement. If through inspection or otherwise Agency determines that City is in
violation of the provisions of this Agreement or that a violation is threatened, Agency shall give written
notice to City of such violation and demand corrective action sufficient to cure the violation. If City fails
to cure the violation within fourteen (14) days after receipt of notice thereof from Agency, or under
circumstances where the violation cannot reasonably be cured within a fourteen (14) day period, fails to
begin curing such violation within the fourteen (14) day period, or fails to continue diligently to cure
such violation until finally cured, Agency may bring an action to enforce the provisions of this
Agreement, enjoin the violation, recover damages and enforcement costs for the violation, and require
restoration of the easement to the condition that existed prior to the violation. If Agency reasonably
determines that circumstances require immediate action to prevent or mitigate a violation or threatened
violation of the provisions of this Agreement, Agency may pursue its remedies under this paragraph
upon telephonic notice to City and without waiting for the period for cure to expire.
10. Enforcement Discretion. Enforcement of the provisions of this Agreement shall be at the
discretion of the parties, and any forbearance by a party to exercise its rights under this Agreement in the
event of any breach of any provision of this Agreement by the other party shall not be deemed or
construed to be a waiver by the party of such provision or of any subsequent breach of the same or any
other provision of this Agreement or of any of the party's rights under this Agreement. No delay or
omission by a party in the exercise of any right or remedy upon any breach by the other party shall impair
such right or remedy or be construed as a waiver.
11. Access and Control. Except as otherwise expressly provided in this Agreement, Agency
retains the exclusive right of access to and control over the Easement Area and Temporary Right of
Occupancy Area. Nothing contained in this Agreement shall be construed as precluding Agency's right
to grant access to third parties across the Easement Area or Temporary Right of Occupancy Area.
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12. Successors. This Agreement shall be binding on and shall inure to the benefit of the
parties hereto and their respective successors, heirs, assigns and transferees.
13. Amendment. If circumstances arise under which an amendment or modification of this
Agreement would be appropriate, City and Agency may jointly amend this Agreement. Any such
amendment shall be recorded in the Office of the Sonoma County Recorder.
14. Notices. Any notice, demand, request, approval, or other communication that either party
desires or is required to be given under this Agreement shall be in writing and maybe given by personal
delivery or by 'nail. Notices, demands, requests, approvals, or other communications sent by mail
should be addressed as follows:
Agency: Sonoma County Water Agency
P.O. Box 11628
Santa Rosa, CA 95406
City: City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94,928
Phone: 707 -588 -2232
and when so addressed, shall be deemed given upon deposit in the United States Mail, registered or .
certified, return receipt requested, postage prepaid. In all other instances, notices, demands, requests,
approvals, or other communications shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the persons to whom notices, demands, requests, approvals, or
other communications are to be given by giving notice pursuant to this section.
15_ Applicable Law and Forum. Interpretation and performance of this Agreement shall be
governed by California law and any action to enforce the provisions of this Agreement or the breach
thereof shall be brought and tried in the County of Sonoma.
16. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to
create and the parties do not intend to create any rights in third parties.
17. Integration. This Agreement is the final and complete expression of the agreement
between the parties and any and all prior or contemporaneous agreements written or oral are merged into
this instrument.
18. Captions_ The captions in this Agreement have been included solely for convenience of
reference. They are not a part of this Agreement and shall have no effect upon its construction or
interpretation.
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19. Survival of Agreement. This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein, shall survive the closing of this
transaction and recordation of any deed or.other document related hereto.
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IN WITNESS WHEREOF, Agency and City have executed this Agreement as set forth below.
SONOMA COUNTY WATER AGENCY:
Executed by the Sonoma County Water Agency this day of
2007, pursuant to authority granted by Resolution No. dated
2007:
Attest:
By: By :_
Valerie Brown, Chair,_.Board of Directors Clerk, Board of Directors
Reviewed as to Substance:
By: Date:
Randy D. Poole,. General Manager /Chief Engineer
Approved as to Form:
By: Date:
Deputy County Counsel
CITY OF ROHNERT PARK, a municipal corporation:
By Date:
Vicki Vidak - Martinez, Mayor
Per Resolution No. 2007- adopted by the Rohnert Park City Council at its meeting of August 14, 2007
Attest:
By: Date:
City Clerk
Approved as to Form:
By: Date:
City Attorney
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CERTIFICATE OF ACCEPTANCE
This, is to certify that the interest in real property conveyed by easement agreement
executed September 18, 2007, from the Sonoma County Water Agency, a body corporate
and public, - to the City of Rohnert Park, A municipal corporation, is hereby accepted by
the undersigned officer on behalf. of the City Council of the City of Rohnert Park,
pursuant to authority conferred by resolution of the City Council of the City of Rohnert
Park adopted on August, 14, 2007.
City of Rohnert Park
Date Vicki V1 dak-Mari
nez
Mayor