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2013/02/12 City Council Resolution 2013-018RESOLUTION NO. 2013 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING GRANT OF EASEMENT AND RIGHT OF WAY FROM DANNY ORTEGA AS SUCCESSOR TRUSTEE OF THE PAULA MENDENHALL REVOCABLE TRUST DATED SEPTEMBER 15, 1994 (APN 045- 054 -018) WHEREAS, Danny Ortega is Successor Trustee of the Paula Mendenhall Revocable Trust Dated September 15, 1994 ( "Mendenhall Trust ") for Property located along Wilfred Avenue (APN 045- 054 -018). WHEREAS, the widening of Wilfred Avenue /Golf Course Drive West is called for in the City's and County's respective general plans. WHEREAS, the City of Rohnert Park entered into a Joint Exercise of Powers Agreement ( "JEPA ") with Sonoma County representatives, and the Federated Indians of Graton Rancheria ( "Tribe ") to facilitate the road widening of Wilfred Avenue (hereinafter Wilfred Avenue Improvement Project). WHEREAS, the JEPA provides for the City to exercise its authority to acquire property outside its territorial limits, including all right of way and temporary easements necessary to develop the Wilfred Avenue Improvement Project. WHEREAS, the JEPA provides for the Tribe, on behalf of the City, to facilitate the City's acquisition of right of way necessary for the Wilfred Avenue Improvement Project via voluntary grants. WHEREAS, the Tribe has negotiated the purchase of the Grant of Easement and Right of Way needed from the Mendenhall Trust. WHEREAS, the Grant of Easement and Right of Way includes a certificate of acceptance. WHEREAS, the City desires to accept the Grant of Easement and Right of Way consistent with the Project. WHEREAS, the Wilfred Avenue Improvement Project was previously approved by the City pursuant to a Notice of Exemption on September 25, 2012. The City filed a notice of exemption with the County Clerk on September 26, 2012 who posted it that same day through October 29, 2012. The acquisition of a perpetual easement proposed herein was anticipated in the approval of the Wilfred Avenue Improvement Project and is a subsequent action toward implementing said project. Accepting the proposed Grant of Easement and Right of Way does not involve any substantial changes to the Project, nor would such acceptance cause new or more severe environmental impacts. For those reasons, neither the obligation to comply with CEQA nor is the statute of limitations on that prior action are re- triggered by this action toward implementing the project. WHEREAS, this action is exempt from compliance with the provisions of Government Code 65402 because this action involves a real property acquisition for street alignment purposes and is minor in nature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby resolve, determine, find and order as follow: Section 1. Acceptance of Grant of Easement and Right of Way. The City Council of the City of Rohnert Park hereby accepts the attached Grant of Easement and Right of Way, in substantially similar form as provided for in the attachment hereto subject to minor modification by the City Attorney, which is incorporated by this reference, from Danny Ortega as Successor Trustee of the Paula Mendenhall Revocable Trust Dated September 15, 1994 for property located at 107 Wilfred Avenue also known as Assessor Parcel Number 045- 054 -018. Section 2. Section 65402 Compliance. The acquisition of said property is exempt from compliance with the provisions of Government Code 65402 because this action involves a real property acquisition for street alignment purposes and is minor in nature. Section 3. Mayoral Authorization. The Mayor of the City of Rohnert Park is hereby authorized and directed to execute the attached Grant of Easement and Right of Way, which includes a certificate of acceptance, in substantially similar form as provided for in the attachment hereto, which is incorporated by this reference, for and on behalf of the City of Rohnert Park. 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 the Grant of Easement and Right of Way in the office of the Recorder of the Sonoma County, State of California for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 12th day of February, 2013. iga ( 3V ATTEST: u A Anne Buergler City Clerk CITY OF ROHNERT PARK Pam Stafford Mayor Attachment: Grant of Easement and Right of Way with Exhibits (legal description and plat map) AHANOTU: FMr BELFORTE: ICE _ MACKENZIE: NV,� CALLINAN: 046 STAFFORD: AAU AYES: ( ) NOES: ( © ) ABSENT: ( 6 ) ABSTAIN: ( 0 ) Page 2 of 2 2013 -018 Recording Requested by and whem Ra�corded, return to: Department ofEncinee ng Cityoll Rohnert Pa,,-k City Hail 6750 Commerce Bivcf- R&mertPark, CA 94928-2411 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §27383 Attachment , I ,$P.A:EAB0VET111fS UNE R�.�MRVED F0,R RECORDERI� Q$E� GR-kNNT OF EASEMENT AND M-GEU OF WAY ThL-, Grwit of T,'as>eincnt and Right of Way (ehis "Agrecmsenf) is made effective as of 1 -Cl 201 ("Eli tive Date" ) bar and betvr-ecn Darmy Ortega, as Successor Tire isiez of the Paula Nleiidinhall Rcvocable Trust Dal, of September 15, 1994 (the "Grantoe') and the Ci!v of Rohnert Park, a niunicipal corporation ("Grantee—). A. Grantor is the oNvner ofthat =rtiair real property Ln the County- of Sonoma, State of California- and Identified as Asses-sor's Parcel O. 04­5-054-618 (the "Property"). B. Gratitee is in the process of acquiring rcEd property .interests Jo r the purpose, inter aria. of the construction of the Golf Course Drive West 11 Wilfred Avenue Widening Project, as the for in the Joint Exercise of Powers A w ,Agree by and between th sra-ritee, the County of Sonoma, and the Federated Indians of Graon RancheTia for the Implementation of Mitgation Measusees for Widening Wilfred Avenue. NO'V THEREFORE, in consideration of the foregoing recitals and for good and valuable consideration, the recelpi of v.rhich is hereby acknowledged, Grantor and Grantee agree as follows: 1, rorant of P�tttal Easement, Q.-antor hereby grants and c,-,)nveys to Grantee an exclusive, perpetual easement and right of way (the "Perpetual Easement",€ for public rreet and utilitN, purposes, and for any and all public servic,-- facilities, including but not limited to elecbnc, gas, telephone, cable, axires, fiber optics, water, storm draanape, sanitary sewer, etc., and all appurtenances thereto, including �Nithout limitation, sidewalllks, curbs and gutters, vith the right to enter upon the Easement Arm �defined beelo) at any tirric for the installation, construction, rerno-val, replacement, repair, use, operation, inspection, maintenance, or undo taking. similar activities, as the Grantee may see fit, for use in. connection therewith or appurtenant thereto. ire, over, under, along and across that portio n of Grants real i pr4,iperty more part c !a ly desL bed in E%hibit A and depicted in Lftxhibit. B both attached hereto and incorporated herein by rcf=nce (the "Easement Are; " }. Schedule 1. 1 -2 0 15 [ 80'0007k 169 1997.2 I-he Perpetual Ba-s'emepi includes the right of ingress to, and egress from the Ease lent Area, and the night at ;M11 UMCS too enter in, over and ipon the Easerneat i�urea and ever), parT Y =eof to perfor-n the acf ions staed abovc by fl-,e 0-,-antee7 ernplo eel, its ogents- a-rid �ts contractoms vith vehicles wid equh prnem- I Gruntor's Resnonsibilitics. The Gruitor and the Qrantoes heirs, successors, and assigns shall not place or permit to be placed on the Easement Area any building, structure or other improvement, irrckiding bil not limited to houses, garages, oulbuildings, swimming pools, tenal's eourts. retaining -walls, decks, and patios., nor do nor allow to be done xiv-01-ing which may inter-fere with the Ifull enjoyment by th, =. Grantee ol" the rights herein granted- cjr-mtor acknowledges that only specified plapt species are Permitted to be planted VVI-thir- the "bioswilo" Uelq� Gesignated on Exhibit B. 3. Duration of PeKp_etq .1 Easement- Gramee, its successors and assigns shall hold tht Perpetual Eascinent fon-ver, solely for the objects mid purposes above stated and f6ir no other object or purpose. 4. runt `s R staonsibilities. Grantee agrec,% that any pipe(s' installed within the Eas'erne, r ,rea shall be canstnicted and mainudned at a depth oFat least eiglateep. (IS-) inches below the present surface, cf die grouad- Grantee shall undertakc, at Grantee s empense, aD construction and installation work in the Fzsement zVea in compliance with all applicable laws, rules, regulations, orders mid requirements of any goverranental authority, or agency iapplieable to or affecting the Easement Area. At Grantee's expense, Grantee shah' maintain, repair and replace all roadway, sidewalk, and related iniprovernants that Grantee installs in the Easernimt Area. Grantee sWil have the riEjit, but not t1je obligation, to install trees, plants, 51hrubbery, groundcovt,r and landscaping %Nithin the Easement -Axea'. provided however, such right skean not impose upon Grantee any obligation, to install-, maintain. or improve any such landscaping- 5. ILifle and Leg arrant ,. Grantor represents and warrants that to the best of Grantor-s knowledge, Grantor is the sole R,,c of the Property, that Grantor is not under contract v-.ith any � past; for the, sale or other conveyance of the property, that. there, are no oral or v.,TitLen .� ither, pai leases in effect N�rith respect to any portion of the Property, and tlixt the Property is and will remain free and clear of all liens, encumbrances, -and- other title impediments of any nature, except those Ica which the Grantee bas expressly agreed w in 1,witing. Owner agrees to indernnify., defend with counsel approved by Grantet, hold harinhass and reinfourse G=tee and 0kantee's elected and appointed officials, officers, representatives, agents and employees, from and aggainsz any and all semis, daxnages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, inc Iading without limitation attorneys' fees, ..ncurred as a readt of the failure of any of Grantor's rep-tesentations or war =-ties contained in this parag aph to be correct The ,T provisions of this Section 5 shall survive ffie close of escrow and recordation of this Agreement. 6. Waiver. Grantor, for itself, its heirs, successor -9 and assigns, hereby waives anv and all claims for damages NVhich may accrue to the properq, by reason of its severance from that portion subject to this Agreement Grantor acknowledges for itself, its heirs, successors and assiLms that it has been advised to seek advice of coizisel on the issue of waiver of -,-v -ran ce damages and bas either done so or has cho,,,an not to do so despite being 01 given such advice, The Schedule 1-1-3 G 151 801,0(Ml 6915)7.2 Gmntee assiLmes no liability urilb resioect: to the Property-, or occurrences thereon, as a consequence of ulie grant of easemert contemplated 1-tereby, Lrnles-s and until the Grantee has f6rni -,ally accepted such grant via a Certificate of Acceptance, 7-1 NTofices. YU1 notices to be sent pursuant to this Agreernent shall be made in N,Nrrith%,, and serif to the Parties at their respective addresses specified below. or to s other address as a Party mav designate by Nvritten notice delivered to the other partics in accordance with this Sectiorl. Grantor: Danny Ortega, As Successor Trustee of the Paula Mendenhall Revocable-Frust Dated 15, 1994 Grantee: �epaytrnent of Em 17 City Ci of Rohnert Park City Hall 6750 Commerce Blvd, RoLnerL 1"ark, CA 94928-2411 Attention: 7,2 E nth-e A reement greens j�gree,ejit ilonstitutes the attire understanding of ,--, g Grantor and Grantee respect to ffie subject matter hereof and supersedes all prior oral or v,Titten cornmunicatiorus With respect thereto. 7.3 knendment. This Agreement may be terminated or modified only by the w6rien consent of the grantor and Grantee or their succussors, or assigns, evidenced by a document that has been fully executed, acknowledged and. recorded in the Official Records of Sonoma County y, California. 7 Severability. If anv term, provision, condition or coven 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 unenfbreeable,, the remainder of `;his Agreement,, or the application of the ten n, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid. or unenfiarce--ble, shall not be aff-ected, and shaJi be valid and enforceable to the fullest extent permitted by law. Schedule 1-1-4 Oi 5 180009\1 691997-2 7,5 AuthoTiov. Fach Person -executing this '^Alggeement on behalf of a party represents and varranls that such persor, is duty and validly aufhorized to do so on behalf of tht entity it purpons to bind. 7.6 Recordation. Following execution b-,,, all parties, this Agreement shall be Tecordied In the Offlicial records of Sonoma County, 7.7 Assigna g2m. Grantee amy a.-igri is rights hereundeF- to any tdiird party -withoLlt the Prior written corn eni of Grantor or its successors car assigns_ 2kny such assiga-me?fit may, at the elCCtiOTT. of LlIt aSSIgnCU, be evidenced by aii assignment docuinen, wltive h -may be recorded in ihe Official Records of Sonoura Countv, Grantor consents to any Subsequent assignment. recorded against the Property to reflect such assigruncul by Grantee. 7.8 Further Assurances- The parties agice to execule. D and del iveT to the U.; apd to undertake such ot1her actions, as cifther shall su-�h oiht-r documents and instrument I rcusonably request as may be necessary to cam, out the intent of thils Agreement 9 Coverninu Lmv Venue- This Agpecrueat shall be construed sr< accordance vvl*h the iaws of the State of CaliforrIia, without nqg--rd to prinelples 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 fficFederal District Court kir the Northo,rn District of California. 7. 10 Jhe section headings used in this Agreement are for Wrivenience Only aDd are not intended to aft-ect the interpretation Or Ck)n.5trUCti0n of the pro-visiciis, herein •ontaMed. 7.11 1, C;�Ej - -Mis Agreernent may, he executed in multiple Counterparts, -.ach of which shall be an original and at I of which together sball constitute one agrecment SIGNA. TUR ES ON FOLI 0 N1 n-G PA GE(,�) Schedule 1. 1 -i IN SIT NESS WHEREOF, the dd, Y author-,Zedd repres-,matives of the Grantor and Grantee have executed this Agreement as of the date fin ;t wnitten above. SE- ., Paula Mendenhall Re:-vocable 'Trust dated September 15, 1 1094 D'irmy, oft'j�a succcr-j trustee Crabr;el A, Gonzalez, Ciry Mariager i L-6 gig Piint Narne: I)A 6 NL� YK Approved as to fonr;: By: Michelle Marchetta Kenyon, City Attmmtly CERTIFICATE OF ACCEPTANCE This Is to certify that the interest in read proper*- conveyed above is hereby accepted by order of the City Council of the City of Rohnerl Park pursuant to City Council Resollution No. dated--- and the Grantee con-se;.qts to recordation t i duly authorized officer. thereof by MS 4t le 1.1-6 01 -5 MONO 69 1W,72 CITY OFF ROHNNERT PARK, a municipal corporation By.- Dated: STATE, OF CA] JIFORUNN !A t;OU"I 11 Y OF 20 11 fore M,--, Qx'.ss�iu7 3 C /G�Lt t (here Insertname fuid title of the of-icer 4.1 ). per o §, appe tcl -AN O ] E�A, wh ,roved to tie o. the basis os s tisfact rw. evidence 10 be ?hc pemo s whose name 'z 4egubscribed to tare w t in ."instrument and ack- noNvIedged to me that he sk,,A � exec"uteci the San` in hr,� "qtr authoEizod capacrty(i wid that by hisIVrh l"r signature oil the: 3i3stzume �t the person or the entity upon bel�alt� of which the perscr j'aeted, executed the instrunicita_ 1 cerl1ttYiff-v ((und4e�r i�ENA11..,�` ? = R TU Y under the laws o the State of California that 0 c foregoing paragraph is true and coXlclvzial �� .TIN ESS y hard r e ,aaatu CD (Seal) i, STATE (317 CALIFORNIA COLJN17 OF FERNANDO 1. F R#ll€T COMM 91950072 � Notziq Public - C, i sr,�-Ioma couety M C,= as 20 (Isere insert name and title of the o ffi:.ez', personally appeared _.. — _ � �- who proved to rte on the basis orsatisfautory evidence to be: the :rson(s) whos;. namc(s,r ix /are su scribed to shy: wi hlu instrument and ,wknaivlcr�gtd tc the t ant helshe they executed €( same. in hislhenthy it authorized eapacl�( es ), and that ley h €srherltheir signature(s) on the instrument the person(s), or the entity =upon behalf of which the person(s) acted, cNecuted, the iiis%rument. certify under I-'EA4.4LTY OF PERJURY under ride laws of the State, of Califiomia that the €`oregoin parag ail? is true and c- orrect. WITNESS my (land alid official seal. sic-nature (Seal) Schedule I.I -7 0=51 90140 :1.691W 2 RBF CONSULTING 500 Ygnacio Valley Road, Suite 300 Walnut Creek. California 94596 October 26, 2012 J N: 50- 100964 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY AND UTILITY EASEMENT APN 045 -054 -018 That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 151, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in the Office of the County Recorder of said Sonoma County and being a portion of Lot 151 as described in the Grant Deed, from Walter C. Rogers to Paula Mendenhall, recorded on November 18, 1994, in Document Number 19940129484 of Official Records, at said County Recorder's Office, more particularly described as follows: BEGINNING at the intersection of the westerly right of way line of Dowdell Avenue as shown on said Santa Rosa Farm No. 2 (21 M 14) with the northerly right of way line of Wilfred Avenue as shown on said map (21 M 14); Thence, westerly along said northerly right of way of Wilfred Avenue North 89 °35'41" West 276.35 feet to the easterly line of the parcel of land described in the Trust Transfer Deed, from Raymond F. Loosli and Sophie Loosli to the Loosli 1993 Trust, recorded on November 18,1994, in Document Number: 19940129484 of Official Records, at said County Recorder's Office; Thence, northerly along said westerly line North 00 °26'16" East 9.89 feet; Thence, leaving said easterly line and easterly North 87 °57'24" East 118.64 feet; Thence, along the arc of a tangent 1136.00 foot radius curve to the right concave southerly, through a central angle of 02 °26'55 ", an arc distance of 48.55 feet; Thence, South 89 °35'41" East 83.29 feet; Thence, North 00 °26'27" East 10.21 feet; Thence, South 89 °35'41" East 26.00 feet to said westerly right of way line of Dowdell Avenue; Thence, southerly along said westerly lot line South 00 °26'27" East 26.21 feet to the POINT OF BEGINNING. CONTAINING 4,247 Square Feet, more or less. BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of Survey filed December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office. H.\PDATA \50100964\Adm in\leg al\Wilfred \9641eg20.docx RBF CONSULTING 500 Ygnacio Valley Road, Suite 300 Walnut Creek, California 94596 SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached /aP4 by this reference made a part hereof. David Baumann, P.L.S. 7309 License Expires March 31, 2013 f3f C1f,�r� ✓ \f � Ezy. No. 730 OF CAOi' H: \PDATA \50100964\Admin \legal \Wilfred \964leg20.docx RIGHT OF WAY EASEMENT APN 045 -054 -018 October 26, 2012 JN: 50- 100964 Page 2 of 2 0 50 100 200 CD cn 0 SCALE: 1" =100' J O O O r N N - O o I ry U-) m I � PORTION OF LOT 151 w � z SANTA ROSA FARMS NO. 2 I Oz 21 M 14 n� z < :D APN 045- 054 -018 W U o MENDENHALL Q DOCUMENT NUMBER:19940129484 JI w N89 °35'41 "W J 0 =02 °26'55" N _ 26.00' W R= 1136.00' N00 °26'27 "E L= 48.55' 10.21' O 0 o N "W z 6' N87'57'24 "E 118.64 D 83.29 N89 °35'41 "W 276.35' 4,247 SF t NOO °26'27 "E 26.21 -o — WILFRED AVENUE P.O.B. r E M U 2 O W O SAND o N \ W �BfA U� .. Q L.S. X1309 a Exp. 3 -31 -13 ' 3 LP �P R OF CAI EXHIBIT "B" a SKETCH TO ACCOMPANY A i 0 LEGAL DESCRIPTION FOR SHEET 1 OF 1 °a WILFRED AVENUE RIGHT OF WAY ■ ■ . O CITY OF ROHNERT PARK CONSULTING 5W YGOACIO VAUZY ROAD. SUITE 3DO O WALNUT CREEK, CALIFORNIA 945963607 COUNTY OF SONOMA A Company 925.906:4460 - FAx925.9W.1465 • —ABF.— a 0 STATE OF CALIFORNIA OCTOBER 31, 2012 JOB Na_ 50- 100964