2013/03/12 City Council Resolution 2013-041RESOLUTION NO. 2013 -041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING GRANT OF EASEMENT AND RIGHT OF WAY FROM THE GRATON
ECONOMIC DEVELOPMENT AUTHORITY
(APN 045- 072 -001)
WHEREAS, the Graton Economic Development Authority owns Property located along
Wilfred Avenue (APN 045- 072 -001).
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 390 Wilfred Avenue and has
offered the Grant of Easement and Right of Way needed for Wilfred Avenue Improvement
Project.
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.
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 the Graton Economic Development
Authority for property located at 390 Wilfred Avenue also known as Assessor Parcel Number
045- 072 -001.
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`" day of March, 2013.
ATTEST:
n 0 t i & A; I -� 11AA
Anne Buergler, City Clerk
CITY OF ROHNERT PARK
Pam Stafford, Mayor
Attachment A: Grant of Easement and Right of Way with Exhibits (legal description and plat
map)
AHANOTU: ME BELFORTE: Aye,; MACKENZIE: FAt6eK�C CALLINAN: AVI5GI,3 STAFFORD: P �
AYES: (3 ) NOES: ( 0 ) ABSENT: ( 2 ) ABSTAIN: ( 0 )
2013 -041
Page 2 of 2
Attachment A
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
( "Effective Date ") by and between Graton Economic Development
Authority, a wholly - owned, unincorporated instrumentality of the Federated Indians of Graton
Rancheria ( "Grantor ") and the City of Rohnert Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the City of Rohnert Park, in
the County of Sonoma, State of California, and identified as Assessor's Parcel No. 045 -072 -001
(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:
1. 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 ").
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.
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 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 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
Schedule 1.1 -2
015180\0009\1691997.2
consequence of the grant of easement 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:
Graton Economic Development Authority
6400 Redwood Drive, Suite 300
Rohnert Park, California 94928
Attention: Greg Sarris, President of the Board of Directors
Grantee:
Department of Engineering, City of Rohnert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Attention: CY1� 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.
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 Severability. if any tern, 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.
Schedule 1.1 -3
015180 \0009 \1691997,2
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.
SIGNATURES ON FOLLOWING PAGE(S)
Schedule 1.1 -4
015180 \0009\ 1691997.2
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first written above.
Graton Economic Development Authority,
a wholly- owned, unincorporated
instrumentality of the federated Indians of
Graton Rancheria
By:
Sarrls,
President of the Board of
Directors
C4 `- a-
By:�
{fi 9iZe1`T� f3flr31ei, ;teal j %a�. �-:`A
C-i�y- Manager d" Y'1c '4-i
Approved as to form:
Michelle Marchetta Kenyon,
City Attorney
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.
Schedule 1.1 -5
015180 \000911691997.2
CITY OF ROHNERT PARK.,
a municipal corporation
M
Dated:
STATE OF CALIFORNIA
COUNTY OF SoNoMA )
On 2,/27 , 2013, before me, Anae Nx 14 —ywdln Npj! r ((here insert name and title of the
officer), personally appeared GREG SARRIS, who proved to me on the basis of satisfactory evidence to
be the person�O whose named is/an subscribed to the within instrument and acknowledged to me that
he/4ia4 ay executed the same in hisFlwAwk authorized capacity(ies), and that by hiss
signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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
a ANGELA MARIE HARDIN
COMM. #1851709 z
W _ Notary Public - California �0
Z fir Sonoma County o
My Comm. Expires May 31, 22i'll
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)
Schedule 1.1 -6
015180100091169 t 997.2
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
JN: 50- 100964
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 045 - 072 -001
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 78,
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 78 as described in the Grant Deed,
from Robert L. Clark, Trustee of the Robert L. Clark Trust dated June 25, 2001 to Graton Economic
Development Authority, recorded on October 18, 2012, in Instrument Number: 2012103306 of Official
Records, in said Office of County Recorder, more particularly described as follows:
BEGINNING at the intersection of the southerly right of way line of Wilfred Avenue and easterly right of
way line of Whistler Avenue(formerly Locke Avenue (21 m 14)) as shown on the Record of Survey filed
December 16, in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office;
Thence, easterly along said southerly right of way of Wilfred Avenue, South 89 035'41" East 552.71 feet to
the easterly line of said Lot 78;
Thence, southerly along the said easterly line South 00 °29'51" West 29.79 feet;
Thence, westerly North 88 °24'04" West 229.74 feet;
Thence, westerly and parallel with said southerly right of way of Wilfred Avenue, North 89 °35'41" West
323.02 feet to said easterly right of way line of said Whistler Avenue;
Thence, northerly along said easterly right of way line North 00 °30'32" East 25.00 feet to the POINT OF
BEGINNING.
CONTAINING 14,367 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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