2013/03/12 City Council Resolution 2013-040RESOLUTION NO. 2013 -040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING GRANT OF EASEMENT AND RIGHT OF WAY FROM
MARY SHU CHANG
(APN 045- 072 -008)
WHEREAS, Mary Shu Chang owns Property located along Wilfred Avenue (APN 045-
072 -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 Mary Shu Chang.
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 fled 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.
JH- S:05 -d
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 Mary Shu Chang for property located at
374 Wilfred Avenue also known as Assessor Parcel Number 045- 072 -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 12`h day of March, 2013.
ATTEST:
U'--'&kAA QP -
6 Anne Buergler, City Cleik
ryV-6•zI»zel 1 Wi 9
Pam Stafford, Mayor
Attachment A: Grant of Easement and Right of Way with Exhibits (legal description and plat
map)
AHANOTU: Alm BELFORTE: MC MACKENZIE: W-SU 1 CALLINAN: STAFFORD: 1J
AYES: ( "� ) NOES: ( 0 ) ABSENT: ( 2 ) ABSTAIN: ( 0 )
2013 -040
Page 2 of 2
Attachment A
Recording Requested by
and when Ret-orded, roturn to:
Dep2rtnient of Engineering
City Of Rohnert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
(SPACtABOVE TWS LINE RESERVED FOR RECORDER'S USE)
This Grant of Easement and Right of Way (this 4'Agreement") is made effective as of
2011 ("Effective Date") by and between Mary Shu Chang, a widow, as
surviving joint tenant ("Grantor") and the City of Rohnert Park, a municipal corporation
("Grantee").
Recitals
A. Grantor is the owner of that certaiii real property in the County of Sonoma, State
of California, and identified as Assessor's Parcel No. 045-072-008 (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 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 a0imowledged, Grantor and Grantee agree as
follows:
I. Grant of Perpetual Easement. Grantor hereby gvants and conveys to Grantee an
exclusive, perpetual easement and right of way (die. "Perpetual Easement") for public street and
utility purposes, and for any arid 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 comiection 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 beretc, and incorporated herein by reference
(the "Easement Area").
Schedule 1.1-2
51 80\000\10 1 44 ?.1
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 perforzrt 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 assiDas
shall not place or permit to be placed on the Easement Area any building, structure or other
improverneni, 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 I'ernetual Easement. Grantee, its successors and assigns shall hold the
Perpetual Easement forever, solely for the objects and purposes above stated and for no other
otlieCt 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 (13) inches below the
present surface of the ground. Grantee shall undertake, at Grantee's expense, all construction
surd installation work in the Easement Area in compliance -with all applicable laws, rule,
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 instill 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 to the best of Grantor's
knowledge, 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, that there are no oral or written
leases in effect with respect to any portion of the Property, and that the Property is and will
remain free and clear of all liens, encumbrances, and other title impediments of any nature,
except those to which the Grantee has expressly agreed to in writing. Owner agrees to
indemnify, defend with counsel approved by Grantee, hold harmless and reimburse Gratatee 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 Granter'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 Agret=ent.
6. Waiver, Grantor, for itself, its heirs, successors and assigns, hereby waives any and all
claims for damages which rrlay 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 advisees to seek advice of counsel on the issue of waiver of severance
Schedule 1.1 -3
0 15 1 IM000911(191997.2
damages and has either clone 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
consequence of the grant of easement oontemplated hereby, unless and Luatil the Grantee has
formally accepted such grant via a Certificate of Acceptance.
T Miscellalieous.
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 accordtaice
with this Section.
Grantor:
Mary Shu Chang .
Grantee-
Department of Engineering, City of Rohnart, Park
City Mall
130 Avram .Avenue
Rohnert Park, CA 94924
Attention:
7.2 Entire Agreement. This Agreement constitutes the entire undersuinding of
Gramor and Grantee with respect to the subject rnatter hereof an.d 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 Granter or their successors or assigns, evidenced by a document that
has been fully executed, aclrnowledged and recorded in the Official Records of Sonoma County,
California.
7.4 Sever, 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 Aillest extent permitted by law.
So.hedule 1.1 -4
015180U10 N 691997.2
7.5 Authority. Each person executing this Agreement on behalf of a Marty represents
and warrants that such person is duly acid validly authorized to do so on behalf of the entity it
purports to bind.
7.6 Recordation. Following execution by all parties, this Agreement shall be
recorded in the Official Records of Sonoma County.
7.7 Assi rnent. Grantee may assign its eights 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.
SIGIVA 7TIRES ON I.OLLOWING PAGE(S)
Schedule 1.1-5
015180\W09M 69 1 997.2
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first -mitten above.
R,
'W t
By
MarOfiu Chang, a widow
as surviving joint tenant
Print N=e:
By:
Gabriel A. Gonzalez,
City Manager
Approved as to torn:
By:
Michele Marchetta Kenyon,
City Attorney
This is to certify that the interest
in read property conveyed above is
hereby accepted by order of the
City Council of the City of Rohneit
Park pursuant to City Council Resolution
No. dated
and the Grantee consents to recordation
thereof by its duly authorized officer.
Schedule 1.1-6
015180:000 Q69 1947'2
CITY GF ROHNERT PARK.,
a triwiicipal corporation
Dated:
STATE Ox CALUORN A
cowry oar Sz, 1-) 0i",il
, I 1
On 201-, before rrrc, rl l��
._ C. s «�. ¢�c� here insert name and title of the
officer), personally appeared MARY _ajflLfHANG, who proved to rtre 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 helshe/they executed the same in his /her /their authorized capacity(ies), and that by his/her /their
signatures) on the instrument the person(s), or the en-lity upon behalf of whiclh the person(s) acted,
executed the instrument.
T certify wider PENALTY OF PERRJRY under the laws of the State of California that the foregoffig
paragraph is true and correct.
WT.rNESS my hand and official scat.
Signature
STATE OF CA.0 ORN.[A
COUNTY OF
.v ut ALLEN D. COFFIN
X , $ COMM. #1928243 C)
NOTARY PUBLIC CALIFORNIA i0
�$a SONOMACOUNTY
My rmwn, f. tpirc�a tilarch 11.2015 p
Oil 20_, before zne, __.. (here insert name and title of 'die
ofncer), personally appeared _ _ , who proved to me oil the basis
of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instn nrent mid
acknowledged to me that he /slic /they executed the sane in hisawr /their authorized capacity(ics), 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 instrwnent.
I certify undo- PENALTY OP PERJURY wider the laws of the State of Califozuia that the foregoing
paragraph is trite and correct.
WITNESS my )rand and official seal.
Signature
(Seal)
Schedule 1.1 -'7
01518010009 \1691997.2
500 Ygriacio Vafiey Road, Suite 300
tfWahtd Greek, Caliibmia 945fro-
October 26, 2012
J^!: 50.100%4
Page 1 of 1
CiR1SeEf iT K Ab
LEGAL VI= SWUPTION
g Y 'lam'l AY AND UTU tTY
pp {{yyIC'�,`ei' �SqS��w.TdyyT��3yy.S��8I�j�pp
Ar" lII 04N"N 7' 4.'"v+i iJ
That certain paruol of land situated in the County of Sonoma, Slag of California, being a portion of Lot 97,
Santa Rosa Farms No. 2. fite oil March 7, 1910 in Book 21 of I'Aaps, at P2ga *14, In the Ofiice: of the
County Recorder of said Sonoma County and being a portion of Lo!. 57 as describad in the C-:an, Deed,
frown Hw) Erse Huang and Chu Tin Huang to Yu Chaan She and Mary Shu Chang, recorded on April 2,
2033. in Document Nurnher- 2003064164 of Otticiial Records. in said Office of County Rc--orde', more
particularly described as foilowa:
BEGINNING at the infemec&m of tiro vrestsriy line said Lot 97 (21 IM 14) and the wtMerly rtgh3 of vvay
line of Wilfred Avent4e;rs stMvn on said map (2114114);
Thence, Easterly along said soutfmriy r,"rtrt of way of Wifred Avenue, South 9a °35'41' FtsR 229.62 feet to
the northeast oirner of the parcel of lanai descr'il>ed in the deed to Noah S. Bonham and wife, recorded
Decernber 18, 19509, as Serial W. F. -(-WQ3 in said County Reco3rders Office;
Thence, soutthi ri a the eas4ea3y fine of saki 13-,nham parrot (F. 83), South 110°29'35° Was!c 34.57
feet;
Them,% leaving std Bonham parcel idoM 88'24'04' WW 229.67 fW to the westerly firm of
said Lot 97;
7'trenr..e, northerly along iiaid wegesiy line North 00°24'51" Fast 29.79 feet to the POINT OF BEGINNING.
CONTAIMMIG 7,396 Square Feat, more or less.
BASIS OF BEAR04GS The boarlIngs and distance. contained herein are rased upon the Rancid of
Survey filed December 16, 2011 in Book 747 of Maps at Cages WO B, in said County Rewrdses Offm.
SUBJECT TO all CovrenanW, Rights, Rig't+4.s-o Way and Ease €nants of Remyd.
EXHSIT' W att lead and by this r0arenm made P part hereof.
ti:1PAAiAISUt Wfl£ xiWdmin >h�ganvr�rrern�l>rgCaT.dxx
David Far u;n ir;r:
P.L.f 73gR�`
ilc=w Expires
March 31, 2013
ti:1PAAiAISUt Wfl£ xiWdmin >h�ganvr�rrern�l>rgCaT.dxx
)wY0,2-ql '51 E
29.79
APN N5-072-001
CLARK
DDGV;,! 4T NUAKE R:
10906 --1 1
-18
A U-N t- U PYLNQE-
35'4 1 -W
titiN - I ,.ri --T
7, 3N SF*
APN ('45--072-003
YU CRAN M,
CHANG MARY SHIJ
DOCUMENT NUM'NER:
2W,13M4164
S00'29'35'W
73-4.57'
SKETCH TO xxowpmr A
APM 045-072-007
CHRISTOFORIDIS
c?
DXVWUFi N(Ae-F'R.
WILFRED AVEME
2004GO9195
PIGH) OF' vifly
CM T RORIF;f�T -PAW
sANTA RUSA FARMS NO. -2
21 M 14
. . . . . . . . . . . . . . .
6 - eil
SCALE- '1'-100'
A
L`13
EXHIBIT To
SKETCH TO xxowpmr A
LEIGAL M5011PTION FOR
St T 3 OF I
WILFRED AVEME
PIGH) OF' vifly
CM T RORIF;f�T -PAW
call', I y u somm%
S TATE T CAL IFCRN,A
MIQU 26. 2012
*3 hi. 50-IoNs"I
i