2013/03/12 City Council Resolution 2013-038RESOLUTION NO. 2013 -038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THREE (3) GRANTS OF EASEMENT AND RIGHT OF WAY FROM
THE STANELY J. PONCIA LIVING TRUST
(APN 045- 071 -002, APN 134 - 261 -003, APN 134 - 264 -008)
WHEREAS, the Stanley J. Poncia Living Trust owns three (3) properties located along
Wilfred Avenue (APN 045- 071 -002, APN 134 - 261 -003, APN 134- 264 -008).
WHEREAS, the widening of Wilfred Avenue /Golf Course Drive West is called for in
the City's general plan.
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 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 Stanley J. Poncia Living Trust.
WHEREAS, the three (3) Grants of Easement and Right of Way includes certificates of
acceptance.
WHEREAS, the City desires to accept the three (3) Grants 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 Grants of Easement and Right of Way. The City Council of the City of
Rohnert Park hereby accepts the attached three (3) Grants 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 the Stanley J. Poncia Living
Trust for property located known as Assessor Parcel Numbers 045- 071 -002, 134 -261 -003, 134-
264 -008.
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 March, 2013.
i�- 62
Lr'�,L(FOR1d�F'
ATTEST:
City Jerk
CITY OF ROHNERT PARK
Mayor
OTU: AYE BELFORTE: AYE MACKENZIE: ABSENT CALLINAN: ABSENT STAFFORD: AYE
Attachments: AYES:( 3 5-NOES: ( 0 ) ABSENT: ( 2 ) ABSTt— Imo( 0 )
A. Grants of Easement and Right of Way with Exhibits (legal description and plat
map) for APN 045- 071 -002
B. Grants of Easement and Right of Way with Exhibits (legal description and plat
map) for APN 134- 261 -003
C. Grants of Easement and Right of Way with Exhibits (legal description and plat
map) for APN 134- 264 -008
2013 -038
Page 2 of 2
Attachment A
Recording Requested by
and when Recorded, return to:
Department of Engineering
City of Roluiert Park
City .Hall
130 Avram Avenue
Rohnert Park, CA 94928
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
(SPACE ABOVE THIS LWE RESERVED FOR RECORDER'S USE)
GRANT OF EASEMENT AND RIGHT OF WAS'
This Grant of Easement and Right of Way (this "Agreement ") is made effective as of
I= x _ I r , 2013 ( "Effective Date ") by and between Stanley J. Poncia, as Trustee of
the Stanley J. Poncia Living Trust dated March 30, 2005 ( "Grantor ") and the City of Rohnert
Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the County of Sonoma, State
of California, and identified as Assessor's Parcel No. 045 -071 -002 (the "Property " ).
B. Grantee is in the process of acquiring real property interests for the purpose; inter
alia, of the construction of the Golf Course Drive West I Wilfred Avenue Widening Project, as
provided for in the Joint Exercise of Powers Agreement by and between the Grantee, the County
of Sonoma, and the Federated Indians of Graton Rancheria for the Implementation of Mitigation
Measures for Widening Wilfred Avenue.
NOW THEREFORE, in consideration of the foregoing recitals and for good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as
follows:
I . Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement and right of way (the "Perpetual Easement") for public street and
utility purposes, and for any and all public service facilities, including but not limited to electric,
gas, telephone, cable, wires, fiber optics, water, storm drainage, sanitary sewer, etc., and all
appurtenances thereto, including without limitation, sidewalks, curbs and gutters, with the right
to enter upon the Easement Area (defined below) at any time for the installation, construction,
removal, replacement, repair, use, operation, inspection, maintenance, or undertaking similar
activities, as the Grantee may see fit, for use in connection therewith or appurtenant thereto, in,
over, under, along and across that portion of Grantor's real property more particularly described
in Exhibit. A and depicted in Exhibit B, both attached hereto and incorporated herein by reference
(the "Easement Area ").
10025575I.DOCx;vl )
The Perpetual Easement includes the right of ingress to, and egress from the Easement
Area, and the .right at all times to enter in, over and upon the Easement Area and every part
thereof to perform the actions stated above by the Grantee; its employees, its agents and its
contractors with vehicles and equipment.
2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, and assigns
shall not place or permit to be placed on the Easement Area any building, structure or other
improvement, including but not limited to houses, garages, outbuildings, swimming pools, tennis
courts, retaining walls, decks, and patios, nor allow to be done anything which may interfere
with the full enjoyment by the Grantee of the rights herein granted. Grantor acknowledges that
only specified plant species are permitted to be planted within the "bioswale" area designated on
Exhibit B.
3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the
Perpetual Easement forever, solely for the objects and purposes above stated and for no other
object or purpose.
4. Grantee's Responsibilities. Grantee agrees that any pipe(s) installed within the Easement
Area shall be constructed and maintained at a depth of at least eighteen (18) inches below the
present surface of the ground_ Grantee shall undertake, at Grantee's expense; all construction
and installation work in the Easement Area in compliance with all applicable laws, rules,
regulations, orders and requirements of any governmental authority or agency applicable to or
affecting the Easement Area. At Grantee's expense, Grantee shall maintain, repair and replace
all roadway, sidewalk, and related improvements that Grantee installs in the Easement Area.
Grantee shall have the right, but not the obligation, to install trees, plants, shrubbery,
groundcover and landscaping within. the Easement Area; provided however, such right shall not
impose upon Grantee any obligation to install, maintain, or improve any such landscaping.
5. Title and Lease Warranty. Grantor represents and warrants that Grantor is the sole fee
owner of the Property, that Grantor is not under contract with any other party for the sale or other
conveyance of the Property and that there are no oral or written leases in effect with respect to
any portion of the Property. Owner agrees to indemnify, defend with counsel approved by
Grantee; hold harmless and reimburse Grantee and Grantee's elected and appointed officials,
officers, representatives, agents and employees from and against any and all suits, damages,
costs, fees, claims; demands, causes of action, losses, liabilities and expenses, including without
limitation attorneys' fees, incurred as a result of the failure of any of Grantor's representations or
warranties contained in this paragraph to be correct. The provisions of this Section 5 shall
survive the close of escrow and recordation of this Agreement.
b. Waiver. Grantor, for itself, its heirs, successors and assigns, hereby waives any and all
claims for damages which may accrue to the Property by reason of its severance from that
portion subject to this Agreement. Grantor acknowledges for itself, its heirs, successors and
assigns that it has been advised to seek advice of counsel on the issue of waiver of severance
damages and has either done so or has chosen not to do so despite being given such advice. The
Grantee assumes no liability with respect to the Property, or occurrences thereon, as a
{00255751.D0Cx;vi } 2
consequence of the grant of casement contemplated hereby, unless and until the Grantee has
formally accepted such grant via a Certificate of Acceptance.
7. Miscellaneous.
7.1 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:
Stanley J. Poncia, as Trustee of the
Stanley J. Poncia Living Trust,
dated March 30, 2005
5365 Stony Point Road
Santa Rosa; California 95407
Grantee.
Depailment. of Engineering, City of Rohnert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Attention: a,\ , n ,)gr—
7.2 Entire Arreement. 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.
7.3 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 frilly executed, acknowledged and recorded in the Official Records of Sonoma County,
California.
7.4 Severebility. 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, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by Iaw.
7.5 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.
0025575 LDOCX;vI )
7.6 Recordation. Following execution by all parties, this Agreement shall be
recorded in the Official Records of Sonoma County.
7.7 Assignment. Grantee may assign its rights hereunder to any third party without
the prior written consent of Grantor or its successors or assigns. Any such assignment may; at
the election of the assignee, be evidenced by an assignment document which may be recorded in
the Official Records of Sonoma County. Grantor consents to any subsequent assignment
recorded against the Property to reflect such assignment by Grantee,
7.8 Further Assurances. The Parties agree to execute, acknowledge and deliver to the
other such other documents and instruments, and to undertake such other actions; as either shall
reasonably request as may be necessary to carry out the intent of this Agreement.
7.9 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.
7.10 Captions. The section headings used in this Agreement are for convenience only
and are not intended to affect the interpretation or construction of the provisions herein
contained.
7.11 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
SIGN.4MRES ON FOLLOWING PAGES)
(00355751.DOCx;vl) 4
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first written above.
GRAINTOR
Stanley J. Poncia Living Trust,
dated March 30. 2005
By:
— S taev J. %J, as �Trustee
Print Name: i
By:
Approved as to form:
By:
Michelle Marchetta Kenyon,
City Attorney
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest
in real property conveyed above is
hereby accepted by order of the
City Council of the City of Rohnert
Park pursuant to City Council Resolution
No. —dated
and the Grantee consents to recordation
thereof by its duly authorized officer.
(002557SLD0CX;v1)
CITY OF ROHNERT PARK,
a municipal corporation
By:
Dated:
STATE OF CALIFORNIA )
COUNTY OF o, --- )
On - `i 2013, before me. N 4 ������ �� , (here insert name and title
of the officer); personally appeared STANLEY J. PONCIA, who proved to me on the basis of
satisfactory evidence to be the person(4 whose name(.4 is /afe subscribed to the withdri
instrument and acknowledged to me that he/' J executed the same in his/herAheir
authorized capacity(j.es), and that by his/herftlreir signature() on the instrument the person(s), or
the entity upon behalf of which the person(-s) acted, executed the instrument.
I certify under PENALTY F I'E JURY under the laws of the State of California that the
foregoing paragraph ishsund oJrkect.
��i
WITNESS my hm/d ai.,' f lcial /seal. NICOLE E. CHECHONCH
Commission # 1858174
a .® Notary Public - California D
Signature (Seal) i Sonoma County
My Comm, Expires Aug 5, 2013
STATE OF CALIFORNIA )
COUNTY OF )
On , 20 before me; , (here insert name and title
of the officer), personally appeared , who 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.
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)
(00255751.DOCX;vl 1 6
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 -071 -002
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 69,
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 also being a portion of Lot 69 of land as described in the
Grant Deed, from Stanley John Poncia to The Stanley J. Poncia Living Trust, recorded on May 3, 2005, in
Document Number: 2005060129 of Official Records, in said Office of County Recorder, more particularly
described as follows:
A strip of land 25.00 feet wide, the northerly line of which is described as follows:
BEGINNING at the intersection of the westerly line of said Lot 69 (21 M 14) with the southerly right of way
line of Wilfred Avenue as shown on said map (21 M 14);
Thence, easterly along said southerly right of way of Wilfred Avenue, South 89 °35'41" East 552.71 feet,
to the westerly right of way line of Whistler Avenue.
Sidelines shall be lengthened or shortened so as to terminate on said westerly line of said Lot 69
(21 M 14) and the westerly line of Whistler Avenue
CONTAINING 13,818 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.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
David Baumann, P.L.S. 7309
License Expires March 31, 2013
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Attachment B
Recording Requested by
and when Recorded, return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd_
Rohnert Park, CA 94923 -2411
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDERS USE)
GRANT OF EASEMENT AND RIGHT OF WAY
This Grant of Easement and Right of Way (this " Agreement") is made effective as of
_ I'/ , 2013 ( "Effective Date ") by and between Stanley J. Poncia, as Trustee of
the Stanley J. Poncia Living Trust dated March 30; 2005 ( "Grantor ") and the City of Rohnert
Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the County of Sonoma; State
of California, and identified as Assessor's Parcel No. 134 -261 -003 (the "Property").
B. Grantee is in the process of acquiring real property interests for the purpose, inter
alia, of the construction of the Golf Course Drive West / Wilfred Avenue Widening Project, as
provided for in the Joint Exercise of Powers Agreement by and between the Grantee, the County
of Sonoma, and the Federated Indians of Graton Rancheria for the Implementation of Mitigation
Measures for Widening Wilfred Avenue.
NOW THEREFORE, in consideration of the foregoing recitals and for good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as
follows:
I . Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee an
exclusive; perpetual easement and right of way (the "Perpetual Easement ") for public street and
utility purposes, and for any and ail public service facilities, including but not limited to electric,
gas, telephone, cable, wires, fiber optics, water, storm drainage, sanitary sewer, etc.; and all
appurtenances thereto, including without limitation, sidewalks, curbs and gutters, with the right
to enter upon the Easement Area (defined below) at any time for the installation, construction,
removal, replacement, repair, use, operation, inspection, maintenance, or undertaking similar
activities, as the Grantee may see fit, for use in connection therewith or appurtenant thereto, in,
over, under, along and across that portion of Grantor's real property more particularly described
in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein by reference
(the "Easement Area").
{00255696.DOCX;v2)
The Perpetual Easement includes the right of ingress to, and egress from the Easement
Area, and the right at all times to enter in, over and upon the Easement Area and every part
thereof to perform the actions stated above by the Grantee, its employees, its agents and its
contractors with vehicles and equipment.
2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, and assigns
shall not place or permit to be placed on the Easement Area any building, structure or other
improvement, including but not limited to houses, garages, outbuildings, swimming pools, tennis
courts, retaining walls, decks, and patios, nor allow to be done anything which may interfere
with the full enjoyment by the Grantee of the rights herein granted. Grantor acknowledges that
only specified plant species are permitted to be planted within the "bioswale" area designated on
Exhibit B.
3. Duration of Perpetual Easement. Grantee, .its successors and assigns shall hold the
Perpetual Easement forever, solely for the objects and purposes above stated and for no other
object or purpose.
4. Grantee's Responsibilities. Grantee agrees that any pipe(s) installed within the Easement
Area shall be constructed and maintained at a depth of at least eighteen (18) inches below the
present surface of the ground. Grantee shall undertake, at Grantee's expense, all construction
and installation work in the Easement. Area in compliance with all applicable laws, rules,
regulations; orders and requirements of any governmental authority or agency applicable to or
affecting the Easement Area. At Grantee's expense, Grantee shall maintain, repair and replace
all roadway, sidewalk, and related improvements that Grantee installs in the Easement Area.
Grantee shall have the right, but not the obligation, to install trees, plants, shrubbery;
groundcover and landscaping within the Easement Area; provided however, such right shall not
impose upon Grantee any obligation to install, maintain, or improve any such landscaping.
5. Title and Pease Warranty. Grantor represents and warrants that Grantor is the sole fee
owner of the Property, that Grantor is not under contract with any other party for the sale or other
conveyance of the Property and that there are no oral or written leases in effect with respect to
any portion of the Property. Owner agrees to indemnify, defend with counsel approved by
Grantee, hold harmless and reimburse Grantee and Grantee's elected and appointed officials,
officers, representatives, agents and employees from and against any and all suits, damages,
costs; fees, claims, demands, causes of action, losses, liabilities and expenses, including without
limitation attorneys' fees, incurred as a result of the failure of any of Grantor's representations or
warranties contained in this paragraph to be correct. The provisions of this ,Section 5 shall
survive the close of escrow and recordation of this Agreement.
6. Waiver. Grantor, for itself, its heirs, successors and assigns, hereby waives any and all
claims for damages which may accrue to the Property by reason of its severance from that
portion subject to this Agreement. Grantor acknowledges for itself, its heirs, successors and
assigns that it has been advised to seek advice of counsel on the issue of waiver of severance
damages and has either done so or has chosen not to do so despite being given such advice. The
Grantee assumes no liability with respect to the Property, or occurrences thereon, as a
t00255646.DOCX;v21 2
consequence of the grant of casement contemplated hereby, unless and until the Grantee has
formally accepted such grant via a Certificate of Acceptance.
Miscellaneous.
7.1 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:
Stanley J. Poncia, as "Trustee of the
Stanley J. Poncia Living "Trust,
dated March 30, 2005
5368 Stony Point Road
Santa Rosa, California 95407
Grantee:
Department of Engineering, City of Rohnert Park
City Hall
6750 Commerce blvd.
Rohnert Park, CA 94928 -2411
Attention:(' Y ' - N
7.2 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.
7.3 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.
7.4 Severabilit . if any tern, provision, condition or covenant of this Agreement or
its application to any party or cireunstanees shal l 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, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by law.
7.5 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.
{00255696DOCX;v2)
7.6 Recordation. Following execution by all parties, this Agreement shall be
recorded in the Official Records of Sonoma County.
7.7 Assignment. Grantee may assign its rights hereunder to any third party without
the prior written consent of Grantor or its successors or assigns. Any such assignment may, at
the election of the assignee, be evidenced by an assignment document which may be recorded in
the Official Records of Sonoma County. Grantor consents to any subsequent assignment
recorded against the Property to reflect such assignment by Grantee.
7.8 Further Assurances. The Parties agree to execute, acknowledge and deliver to the
other such other documents and instruments, and to undertake such other actions, as either shall .
reasonably request as may be necessary to carry out the intent of this Agreement.
7.9 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.
7.10 Cations. The section headings used in this Agreement are for convenience only
and are not intended to affect the interpretation or construction of the provisions herein
contained.
7.11 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLO I iITNG PA GE(S)
(00255696.D0CX;%2) 4
IN WITNESS 'WHEREOF, the duly authorized representatives of the Grantor and
Grantee have eXecuted this Agreement as of the date first written above.
Stanley J. Poncia Living Trust,
dated March 30, 2005
By
:
" - ✓
Trustee
Stanley N ncia , a
Print Name:
By:
Gabti- "o nzaivz, P,), w
Gity-m-an" jj'V'qP<-
Approved as to form:
By:
Michelle Marchetta Kenyon,
City Attorney
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest
in real property conveyed above is
hereby accepted by order of the
City Council of the City of Rohnert
Park pursuant to City Council Resolution
No. -dated
and the Grantee consents to recordation
thereof by its duly authorized officer.
{00255696.V0CX-.,v2j
CITY OF ROHNERT PARK,
a municipal corporation
0
.Dated:
STATE OF CALIFORNIA )
COUNTY OF
� c- cl� �,
On i A - i t{ ; 20 t3, before me; N <o F` '� , (here insert name and title
of the officer); personally appeared STANLEY J. PONCIA' who proved to me on the basis of
satisfactory evidence to be the personal whose names) is /ate subscribed to the within
instrument and acknowledged to me that he/she hey executed the same in hisll e+r
authorized capacity(iei ), and that by his14w4 +i6r signature(s�on the instrument the person(s), or
the entity upon behalf of which the person;W acted, executed the instrument.
I certify under PENALTY ERJ Y under the laws of the State of California that the
foregoing paragraph is e a cc.
WITNESS my han and al se NICOLE E. GHECNOWICH
Commission # 1858174
i -i Notary Public - California z
Signature C (Seal) Z Sonoma County
My Comm. Expires Aug 5, 2013
STATE OF CALIFORNIA )
COUNTY OF
On 20 me, , (here insert name and title
of the officer), personally appeared , who 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 /shelthey 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)
(00255696.B0CX,v2) 6
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
JN: 50- 100964
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 134 - 261 -003
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot A,
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 also being a portion of Lot A of land as described in the
Grant Deed, from Stanley John Poncia to The Stanley J. Poncia Living Trust, recorded on May 3, 2005, in
Document Number: 2005060129 of Official Records, in said Office of County Recorder, more particularly
described as follows:
BEGINNING at the intersection of the westerly right of way of Primrose Avenue, designated Rose Avenue
on said map (21 M14) with the southerly right of way sine of Wilfred Avenue as shown on said map (21 M
14);
Thence, westerly along said southerly right of way of Wilfred Avenue and the easterly right of way of
Stony Point Road as said street is designated on said map (21 M 14) the following two (2) courses:
1. North 89 °35'41" West 1081.71 feet; and
2. along the arc of a tangent 30.00 foot radius curve to the left concave southeasterly, through a
central angle of 80 °24'21 ", an arc distance of 42.10 feet;
Thence, leaving said easterly right of way South 89 °35'41" East 165.15 feet;
Thence, South 00 024'19" West 20.00 feet;
Thence, South 89 035'41" East 10.00 feet;
Thence, North 00 024'19" East 20.00 feet;
Thence, South 89 °35'41" East 936.14 feet to said westerly right of way of Primrose Avenue;
Thence, northerly along said westerly right of way North 00 °24'19" East 25.00 feet to the POINT OF
BEGINNING.
CONTAINING 27,800 Square Feet, more or less.
H:\PDATA\ 50100964\ AdminVega l\Wilfred\964leg001.docx
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
RIGHT OF WAY
EASEMENT
APN 134 -261 -003
October 26, 2012
JN: 50- 100964
Page 2 of 2
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.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attaq� and by this reference made a part hereof.
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165.15' THE STANLEY J. PONCIA LIVING TRUST
DOCUMENT NUMBER: 2005060129
LOT A
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SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE
RIGHT OF WAY
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
N89 °35'41 "W 165.15'
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Attachment C
Recording Requested by
and when Recorded, return to:
Department of Engineering
City of Rohnert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
GRANT OF EASEMENT AND RIGHT OF WAY
This Grant of Easement and Right of Way (this "Agreement") is made effective as of
201 3 ( "Effective Date ") by and between Stanley J. Poncia, as Trustee of
the Stanley J. Poncia Living Trust dated March 30, 2005 ( "Grantor ") and the City of Rohnert
Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the County of Sonoma, State
of California, and identified as Assessor's Parcel No. 134- 264 -008 (the "Property ").
B. Grantee is in the process of acquiring real property interests for the purpose, inter
alia, of the construction of the Golf Course Drive West / Wilfred Avenue Widening Project, as
provided for in the Joint Exercise of Powers Agreement by and between the Grantee, the County
of Sonoma, and the Federated Indians of Graton Ranch.eria for the Implementation of Mitigation
Measures for Widening Wilfred Avenue.
NOW THEREFORE, in consideration of the foregoing recitals and for good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as
follows:
1. Grant of PpMetual Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement and right of way (the "Perpetual Easement") for public street and
utility purposes, and for any and all public service facilities, including but not limited to electric,
gas, telephone, cable, wires, fiber optics, water, storm drainage, sanitary sewer, etc., and all
appurtenances thereto, including without limitation, sidewalks, curbs.and gutters, with the right
to enter upon the Easement Area (defined below) at any time for the installation, construction,
removal, replacement, repair, use; operation, inspection, maintenance, or undertaking` similar
activities, as the Grantee may see fit, for use in connection therewith or appurtenant thereto, in,
over, under, along and across that portion of Grantor's real property more particularly described
in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein by reference
(the "Easement Area ").
M255750.DOCX;vI }
The Perpetual Easement includes the right of ingress to, and egress from the Easement
Area, and the right at all times to enter in, over and upon the Easement Area and every part
thereof to perform the actions stated above by the Grantee, its employees, its agents and its
contractors with vehicles and equipment.
2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, and assigns
shall not place or permit to be placed on the Easement Area any building, structure or other
improvement, including but not limited to houses, garages, outbuildings, swimming pools, tennis
courts, retaining walls, decks, and patios, nor allow to be done anything which may interfere
with the full enjoyment by the Grantee of the rights herein granted. Grantor acknowledges that
only specified plant species are permitted to be planted within the "bioswale" area designated on
Exhibit B.
3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the
Perpetual Easement forever, solely for the objects and purposes above stated and for no other
object or purpose.
4. Grantee's Responsibilities. Grantee agrees that any pipe(s) installed within the Easement
Area shall be constructed and maintained at a depth of at least eighteen (18) inches below the
present surface of the ground. Grantee shall undertake, at Grantee's expense, all construction
and installation work in the Easement Area in compliance with all applicable laws, rules,
regulations, orders and requirements of any governmental authority or agency applicable to or
affecting the Easement Area. At Grantee's expense; Grantee shall maintain, repair and replace
all roadway, sidewalk, and related improvements that Grantee installs in the Easement Area.
Grantee shall have the right, but not the obligation, to install trees, plants, shrubbery,
groundcover and landscaping within the Easement Area; provided however, such.right shall. not
impose upon Grantee any obligation to install, maintain, or improve any such landscaping.
5. Title and Lease Warranty. Grantor represents and warrants that Grantor is the :sole fee
owner of the Property, that Grantor is not under contract with any other party for the sale or other
conveyance of the Property and that there are no oral or written leases in effect with respect to
any portion of the Property. Owner agrees to indemnify, defend with counsel approved by
Grantee, hold harmless and reimburse Grantee and Grantee's elected and appointed officials,
officers, representatives, agents and employees from and against any and all suits, damages,
costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without
limitation attorneys' fees, incurred as a result of the failure of any of Grantor's representations or
warranties contained in this paragraph to be correct. The provisions of this Section 5 shall
survive the close of escrow and recordation of this Agreement.
b. Waiver. Grantor, for itself, its heirs, successors and assigns, hereby waives any and all
claims for damages which may accrue to the Property by reason of its severance from that
portion subject to this Agreement. Grantor, acknowledges for itself, its heirs, successors and
assigns that it has been advised to seek advice of counsel on the issue of waiver of severance
damages and has either done so or has chosen not to do so despite being given such advice. The
Grantee assumes no Iiability with respect to the Property; or occurrences thereon, as a
{00255750.D0CX;vI) 2
consequence of the grant of easement contemplated hereby, unless and until the Grantee has
formally accepted such grant: via a Certificate of Acceptance.
RIiscellancotis,
7.1 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:
Stanley J..Poncia, as'Trustee oftlie
Stanley J. Poncia Living Trust,
dated March 30; 2005
5308 Stony Point Road
Santa Rosa, California 95407
Granteee
Department of Engineering, City of Rohnert Park
City Hall
130 Avram Avenue
Rolinert Park. CA 94928
Attention 'u,' a
7.2 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.
73 Amendment. 'Phis 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.
7.4 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, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by law.
7.5 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.
{00255750.i >0Cx;vr l
7.6 Recordation. Following execution by all parties, this Agreement shall be
recorded in the Official Records of Sonoma County.
7.7 Assi nggent. Grantee may assign its rights hereunder to any third party without
the prior written consent of Grantor or its successors or assigns. Any such assignment may, at
the election of the assignee, be evidenced by an assignment document which may be recorded in
the Official Records of Sonoma County_ Grantor consents to any subsequent assignment
recorded against the Property to reflect such assignment by Grantee.
7.8 Further Assurances. The Parties agree to execute, acknowledge and deliver to the
other such other documents and instruments, and to undertake such other actions, as either shall
reasonably request as may be necessary to carry out the intent of this Agreement.
7.9 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.
7.10 Captions. The section headings used in this Agreement are for convenience only
and are not intended to affect the interpretation or construction of the provisions herein
contained.
7.11 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE(S)
{00255750.DOCx;vl) 4
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first written above.
GRANTEE
Stanley J. Poncia Living Trust,
dated March 30, 2005
i
By: I
- . I :,� By:
Stanley J. A ia,"as Trustee A r Pei m S fa ,
Print Name:
Approved as to form:
By:
Michelle Marchetta Kenyon,
City Attorney
This is to certify that the interest CITY OF ROHNERT PARK.,
in real property conveyed above is a municipal corporation
hereby accepted by order of the
City Council of the City of Roluiert By:
Park pursuant to City Council Resolution
No. dated
and the Grantee consents to recordation
thereof by its duly authorized officer.
{00255750DOCX;yj} 5
Dated:
STATE OF CALIFORNIA )
COUNTY OF
On (- e � . 20 13, before me; ,ti , c E L�r ��^ ° " "Z; (here insert name and title
of the officer),.personally appeared STANLEY J. PONCIA, who proved to me on the basis of
satisfactory evidence to be the person(,s} whose name} is /are subscribed to the within
instrument and acknowledged to me that he /she4they executed the same in hisAweieir
authorized capacityW, and that by his /I4erAh -eir signature(a) on the instrument the person(, or
the entity upon behalf of which the person(o acted, executed the instrument.
I certify under PENAL O PE URY under the laws of the State of California that the
foregoing paragraphs true cor ct.
WITNESS my land an cia seal. NICOI�f CHECHOMCH
Commission # 1858174 Z
Signature (Seal) Notary Public - California i
Sonoma County
M Comm. Expires Aug 5, 2013
STATE OF CALIFORNIA )
COUNTY OF
On -,20 —, before me, ; (here insert name and title
of the officer), personally appeared , who 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.
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)
100255250.00CX,M) 6
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
J N: 50- 100964
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 134- 264 -008
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 43,
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 also being a portion of the lands as described in the Grant
Deed, from Stanley John Poncia to The Stanley J. Poncia Living Trust, recorded on May 3, 2005, in
Document Number: 2005060129 of Official Records, in said Office of County Recorder, more particularly
described as follows:
COMMENCING at the city monument at the centerline intersection of Wilfred Avenue (40.00 feet Wide)
and Redwood Drive (Width Varies) as shown that certain Record of Survey, filed in Book 747 of Maps at
Pages 50 -53 in said Office of County Recorder;
Thence, westerly along said centerline of said Wilfred Avenue North 89 035'41" West 5780.78 feet;
Thence, southerly and leaving said centerline South 00 024'19" West 20.00 feet to the intersection of the
westerly line of said Lot 43 with the southerly right of way line of Wilfred Avenue as shown on said map
(21 M 14) also being the TRUE POINT OF BEGINNING;
Thence, easterly along said southerly right of way line of Wilfred Avenue, South 89 °35'41" East
434.54 feet to the westerly line of the Sonoma County Water Agency Flood Control Channel as described
in the deed recorded on November 8, 1963, in Book 2001 of Official Records at Page 191 Sonoma
County Official Records;
Thence, along said westerly line the following four (4) courses:
1. South 23 049'03" West 4.13 feet;
2. South 06 026'30" West 21.33 feet;
3. South 06 °26'30" West 24.97 feet;
4. South 23 °49'03" West 105.44 feet;
Thence, leaving said westerly line, North 17 °42'47" East 43.72 feet;
Thence, North 08 051'34" East 45.54 feet;
Thence, North 04 °25'58" East 13.58 feet;
Thence, North 35 °05'04" West 26.11 feet;
H: \POATA1501009641AdminVeg al\W ilfred \9641eg003- parcel 1.docx
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
RIGHT OF WAY
EASEMENT
APN 134- 264 -008
October 26, 2012
JN: 50- 100964
Page 2 of 2
Thence, parallel with said southerly right of way line North 89 °35'41" West 391.64 feet to the said
westerly line (Lot 43);
Thence, northerly along said westerly line (Lot 43), North 00 °24'19" East 25.00 feet to the TRUE POINT
OF BEGINNING.
CONTAINING 12,342 Square Feet, more or less. (0.28333 Acres, 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,
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attach nd by this reference made a part hereof.
1 I
David Baumann, P.L.S. 7309 �`�'
License Expires March 31, 2013
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H : \PDATA \5o100964\Admin \legal\W lfred \9641egoO- parcel 1.docx
LEGEND
+Q FOUND MONUMENT AT CENTERLINE INTERSECTION
OF WILFRED AVENUE AND REDWOOD DRIVE
�- PER RECORD OF SURVEY
o °o BOOK 747 OF MAPS AT PAGES 50 -53
0 o SONOMA COUNTY RECORDS.
cl) N N89 °35'41 "W 5780.78' P.D.C.
_ _ WILFRED AVENUE _o s23° 49' o3 "w AV
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COUNTY OF SONOMA
STATE OF CALIFORNIA
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THE STANLEY J. PONCIA LIVING
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NUMBER: 2005060129
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LOT 43
SANTA ROSA FARMS NO. 3
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PLAT TO ACCOMPANY A
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RIGHT OF WAY
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
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WALNUT CREEK, CAUFORNIA 94595,W7
925.99a.149 • FAX925.699.1495 . —REF. —
:TOBER 31, 2012
JOB NO. 50- 100964
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