2013/02/12 City Council Resolution 2013-016RESOLUTION NO. 2013 -016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A QUIT CLAIM DEED TERMINATING AN EXISTING ACCESS
EASEMENT, AND APPROVING AND AUTHORIZING A GRANT OF ACCESS
EASEMENT TO RURAL CALIFORNIA BROADCASTING CORPORATION (KRCB),
5850 LABATH AVE.
WHEREAS, the City conveyed a temporary access easement to KRCB via deed recorded
on April 7, 2006 in document number 2006041455, Sonoma County Records; and
WHEREAS, the City has requested relinquishment of the temporary easement by KRCB;
and
WHEREAS, KRCB has agreed to relinquish the temporary access easement pursuant to
a Quit Claim Deed in the form attached hereto (the "Quit Claim Deed "), and has requested that
the City provide a replacement access easement pursuant to a Grant of Access Easement in the
form attached hereto (the "Grant of Access Easement "); and
WHEREAS, pursuant to Government Code Section 65402, on January 24, 2013 the City
Planning Commission found the Quitclaim Deed and Grant of Access Easement to be consistent
with the City's General Plan for the actions described in this Resolution; and
WHEREAS, the acceptance of the Quit Claim Deed and the provision of the Grant of
Access Easement do not have the potential to cause significant effects on the environment since
the proposed activities do not change land uses but only transfer access easement rights from and
to the affected properties, and therefore, the activities are exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines
which exempts activities that do not have the potential to cause significant effects on the
environment.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve,
determine, find and order as follows:
Section 1. Acceptance of Quit Claim Deed. The City Council of the City of Rohnert Park hereby
approves the Quit Claim Deed, and authorizes and directs the City Manager of the City of
Rohnert Park ( "City Manager") to execute a Certificate of Acceptance accepting the Quit Claim
Deed substantially in similar form attached hereto for and on behalf of the City of Rohnert Park.
Section 2. Grant of Access Easement. The City Manager is hereby authorized and directed to
execute and deliver the Grant of Access Easement in substantially similar form as attached
hereto.
Section 3. Consistency with General Plan. Pursuant to Government Code Section 65402, the
City Council hereby affirms and accepts the City Planning Commission's recommended finding
that the actions described in this Resolution are consistent with the City's General Plan.
Section 4. City Clerk Authorization. The City Clerk of the City of Rohnert Park is hereby
authorized and directed to cause a certified copy of this Resolution to be recorded with both the
Quit Claim Deed and the Grant of Access Easement in the office of the Sonoma County
Recorder, State of California.
DULY AND REGULARLY ADOPTED this 12th day of February, 2013.
19
ATTEST: -
Anne Buergler City Clerk
CITY OF ROHNERT PARK
Pam Stafford Mayor
Attachment: Quit Claim Deed and Grant of Easement
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Page 2 of 2
2013 -016
Recording Requested by
and when Recorded, return to:
City of Rohnert Park
130 Avrarn Avenue
Rohnert Park, CA 94928
Attn: Rick Pedroncelli
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103,27383
pace above this line for Recorder's Use.
QUIT CLAIM DEED — TERMINATION OF ACCESS EASEMENT
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Rural California Broadcasting Corporation, a California nonprofit
public benefit corporation ( "Corporation ") does hereby remise, release and quitclaim to
the City of Rohnert Park, a municipal corporation ( "City "), all right, title and interest held
by Corporation in the real property (the "Property ") situated in Sonoma County,
California, described on Exhibit A, attached hereto and incorporated herein by this
reference.
The foregoing is undertaken for the purpose of terminating the grant of easement
for temporary access granted by City to Corporation pursuant to that certain Grant Deed
recorded as instrument 2006041455 on April 7, 2006 in the Official Records of Sonoma
County.
Dated as of: 2013
RURAL CALIFORNIA BROADCASTING
CORPORATION, a California nonprofit public
benefit corporation
Name:
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Authorized Signatory
State of California
County of Sonoma
On , 20 , before me, (here insert
name and title of the officer), personally appeared
, who provided 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.
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
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(Seal)
Exhibit A
PROPERTY
AN EASEMENT for temporary access purposes over that portion shown as "20'
Temporary Access Easement in favor of Lot 2 ", as shown upon Parcel Map # 175, filed
in the office of the County Recorder on July 14, 2005, in Book 679 of Maps, Pages 13,
14 and 15, Sonoma County Records.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quit Claim Deed —
Termination of Access Easement ( "Quit Claim Deed ") dated 2013,
from Rural California Broadcasting Corporation, a California nonprofit public benefit
corporation ( "Grantor ") to the City of Rohnert Park, a municipal corporation ( "City ") is
hereby accepted by the undersigned on behalf of the City pursuant to authority
conferred by Resolution No. 2013 -_, adopted by the City on , 2013, and
that the City consents to recordation of the Quit Claim Deed by its duly authorized
officer.
Dated , 2013 By:
f� 1102=2
Title:
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Recording Requested by
and when Recorded, return to:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: Rick Pedroncelli
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § §6103, 27383
GRANT OF ACCESS EASEMENT
THIS GRANT OF ACCESS EASEMENT (this "Agreement ") is entered into
effective as of , 2013 by and between the City of Rohnert Park, a
municipal corporation ( "Grantor ") and Rural California Broadcasting Corporation, a
California nonprofit public benefit corporation ( "Grantee "). Grantor and Grantee are
hereinafter referred to collectively as the "Parties."
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Grant of Easement. Grantor is the fee owner of that certain real property located
in Sonoma County, California and more particularly described in Exhibit A attached
hereto and incorporated herein by reference (the "Property "). Grantor hereby grants to
Grantee a permanent nonexclusive easement across the area described and depicted
in Exhibit B attached hereto (the "Easement Area ") for the purpose of providing
vehicular ingress, egress and access to and from Grantee's property located adjacent to
the Property, solely for the purpose of maintaining, repairing, replacing, reconstructing
and reinstalling communications devices and other utility structures and systems and
devices located now, or in the future on Grantee's property and for no other purpose.
2. Installation of Gravel Roadway Surface. Grantee shall be permitted to install a
gravel roadway surface in the Easement Area. If Grantee elects to do so, then within
thirty (30) days following delivery to Grantor of an invoice accompanied by payment
receipts and such other documentation as Grantor may reasonably require, Grantor
shall reimburse Grantee for such work in an amount up to One Thousand Dollars
($1,000) for materials and up to an additional One Thousand Dollars ($1,000) for labor
costs. Grantor's reimbursement obligations pursuant to this Section 2 shall apply only
to Grantee's initial installation of gravel in the Easement Area.
3. Maintenance. Grantee shall, at Grantee's sole expense without reimbursement,
keep the Easement Area free of litter, debris and refuse, and with the exception of the
reimbursement provisions described in Section 2 above, Grantee shall be solely
responsible for the cost to maintain the Easement Area, including the roadway surface.
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4. Indemnity. Grantee shall indemnify, defend and hold harmless Grantor (and its
successors and assigns) from and against any and all claims, demands, liabilities,
judgments, losses, costs and expenses (including reasonable attorneys' fees and
expenses) arising from or related to Grantee's maintenance or use of the Easement
Area including, but not limited to, any damage to property or injury to or death of any
person, except to the extent the same are caused by the negligence or willful
misconduct of Grantor, or any of Grantor's employees, agents, contractors and
representatives.
5. Miscellaneous.
5.1 Notices. All notices to be sent pursuant to this Agreement shall be made
in writing, and sent to the Parties at their respective addresses specified below or to
such other address as a Party may designate by written notice delivered to the other
parties in accordance with this Section.
Grantor:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928 -2411
Attention: City Manager
Grantee:
Rural California Broadcasting Corporation
5850 Labath Ave.
Rohnert Park, CA 94928
Attention: President
5.2 Entire Agreement. This Agreement constitutes the entire understanding of
Grantor and Grantee with respect to the subject matter hereof and supersedes all prior
oral or written communications with respect thereto.
5.3 Amendment. This Agreement may be terminated or modified only by the
written consent of the Grantor and Grantee or their successors or assigns, evidenced by
a document that has been fully executed, acknowledged and recorded in the Official
Records of Sonoma County, California.
5.4 Severability. If any term, provision, condition or covenant of this
Agreement or its application to any party or circumstances shall be held by a court of
competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this
Agreement, or the application of the term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or unenforceable,
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shall not be affected, and shall be valid and enforceable to the fullest extent permitted
by law.
5.5 Authority. Each person executing this Agreement on behalf of a party
represents and warrants that such person is duly and validly authorized to do so on
behalf of the entity it purports to bind.
5.6 Recordation. Following execution by all parties, this Agreement shall be
recorded in the Official Records of Sonoma County.
5.7 Governing Law; Venue. This Agreement shall be construed in
accordance with the laws of the State of California without regard to principles of
conflicts of law. Any action to enforce or interpret this Agreement shall be filed in the
Superior Court of Sonoma County, California or in the Federal District Court for the
Northern District of California.
5.8 Counterparts. This Agreement may be executed in counterparts, each of
which shall be an original, and all of which taken together shall constitute one and the
same instrument.
SIGNATURES ON FOLLOWING PAGE(S).
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IN WITNESS WHEREOF, the Parties have executed this Access Easement
Agreement as of the date first written above.
CITY OF ROHNERT PARK,
a municipal corporation
By:
Name:
Title:
Attest:
City Clerk
Approved as to form:
City Attorney
Rural California Broadcasting Corporation,
a California nonprofit public benefit corporation
M
Name:
Title:
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State of California
County of Sonoma
On , 20 , before me, (here insert name and title of
the officer), personally appeared who provided 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)
State of California
County of Sonoma
On , 20 , before me, (here insert name and title of
the officer), personally appeared who provided 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)
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Fxhihit A
9.
The "REMAINING LANDS' as shown on Parcel Map No. 180 filed for record in Book
736 of Maps, Pages 30, 31 and 32, in the office of the County Recorder of the County of
Sonoma, State of California, containing 0.17 acres.
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Exhibit B
ACCESS EASEMENT AREA
Being a portion of the "REMAINING LANDS" as shown on Parcel Map No. 180 filed for
record in Book 736 of Maps, Pages 30, 31 and 32, in the office of the County Recorder
of the County of Sonoma, State of California, more particularly described as follows;
A strip of land being 20 — feet wide lying adjacent to and east of the westerly lines of the
said "REMAINING LANDS ", end of description.
Easement area also depicted on attached graphic Exhibit B -1.
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