2013/03/26 City Council Resolution 2013-054RESOLUTION NO. 2013 -054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING TWO (2) GRANTS OF EASEMENT AND RIGHT OF WAY FROM
ANDREW J. PONCIA, RACHELLE R. BIANCHI, JONATHAN P. PONCIA, JASON J.
PONCIA, AND THE STANLEY J. PONCIA LIVING TRUST
(APN 134 -264 -007 and APN 134 -267 -005)
WHEREAS, Andrew J. Poncia, Rachelle R. Bianchi, Jonathan P. Poncia, Jason J.
Poncia, and the Stanley J. Poncia Living Trust own two (2) properties located along Wilfred
Avenue (APN 134- 264 -007 and APN 134 -267 -005).
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 Andrew J. Poncia, Rachelle R. Bianchi, Jonathan P. Poncia, Jason J. Poncia,
and the Stanley J. Poncia Living Trust.
WHEREAS, the two (2) Grants of Easement and Right of Way includes certificates of
acceptance.
WHEREAS, the City desires to accept the two (2) 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 hl7provement 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 enviromnental 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.
.11- 1- s:05 -d
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 two (2) 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 Andrew J. Poncia,
Rachelle R. Bianchi, Jonathan P. Poncia, Jason J. Poncia, and the Stanley J. Poncia Living Trust
for property located known as Assessor Parcel Numbers 134 - 264 -007 and 134 - 267 -005.
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 two (2) Grants of Easement and Right of Way, which
includes certificates 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 two (2)
Grants 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 26th day of March, 2013.
19
ATTEST:
4OVI ERr PA-
CITY OF ROHNERT PARK
Pam Stafford, Mayor
PAnne Buergler, City Clerk
Attachments: A. Grants of Easement and Right of Way with Exhibits (legal description and plat
map) for APN 134 -264 -007
B. Grants of Easement and Right of Way with Exhibits (legal description and plat
map) for APN 134- 267 -005
AIIANOTU: BEL>'ORTE: Njf MACKENZIE: P'JF CALLINAN: JJC'- STAFFORD: P,�E
AYES: ( 5 ) NOES: ABSENT: ( 0 ) ABSTAIN: (� )
2013 -054
Attachment A
Recording Requested by
and when Recorded, return to:
Department of Enginecring
City of Rohnert Park
City I -1,111
1' )0 Avram Avenue
Rohnert Park, CA 91928
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
(sPACF ABOVC[ TH Is LiNf. RESI RVI D FOR RFCORUi?.R's USG:)
GRANT OF EASEMENT AND RIGHT OF WA)'
This Grant of Easement and Right of Way (this "Agreement ") is made effective as of
!y 2013 (`Effective Date ") by and between ANDREW J. PONCIA, all
unmarried roan; RACI-IELLE R. BIANCHI, formerly known as Rachelle R. Poncia, a married
woman as her sole and separate property; JONATHAN P. PONCIA, an unmarried man; JASON
J. PONCIA, a married man, as his sole and separate property, each as to an undivided 5`%v
interest; and STANLEY J. PONCIA, AS TRUSTEE OF TIME S'T'ANLEY J. PONCIA LIVING
TRUST DATED MARCH 30, 2005, as to the remaining 80% interest (collectively the
"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 -264-007 (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 Aventie.
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 casement 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
(00273521.DOCX;v-) f
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, stricture 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 constricted 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 constriction
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,
groundeover 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.
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
{ 00273 52 r .DOCX;v2 }
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
consequence of the grant of easement 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
5368 Stony Point Road
Santa Rosa, California 95407
Grantee:
Department of Engineering, City of Rol-inert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Attention:
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 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.
(00273521.DOCX,v2 )
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.
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 assigrunent 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 motions. The section headings used in this Agreement arc 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)
{00273521.DOCX,v2} 4
IN WI NI'S S 11'I IFRl -'01:. the duly authorized representatives of the Grantor and
Grantcc haVc executed this Agrecnlcnt as of the date lirst \�ritten above.
GRANTOR
\ndre%l J. Ponk:ia. an unnrlrried man
(undivided 5(,,-o interest)
Print Name: Al .t � l'
Rachelle R. Bianchi. lurmerIN knomi as
Rachelle R. Poncia,
a married \\oman, as her sole and separate
property
(undivided 5% interest)
,1onallian P. Poncla. in tt im.-I recd than
tundra tded 5 tmcresl )
Print `amt:
GRANTEE
B\:
Gabriel A. Gonzalei.
Chit` lkianaLcr
Approved as to form:
B
Michelle Marchetta Kenyon.
Cit\ Attorney
Jason J. __ ncia, a ma 'cd than, as his sale and separate propert,
(undi\ided 5 interest)
Print Name: .J A son J, #I C_;O1
Stanley J. Poncia Living 1Frust, dated \March 0.
�l)O5
(,80`0 interest)
Stanle\ J. 001va. 1I rustee
Print game:
CERTIFICATE OF ACCEPTANCE
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 Rol-inert By:
Park pursuant to City Council Resolution
No. dated Dated:
and the Grantee consents to recordation
thereof by its duly authorized officer.
{ 00273521.DOCX,Q )
STATE OF CALIFORNIA )
COUNTY OF _SoN r. )
On V-c �> Cu . �� / `� 20 i 3, before me, M o, E (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 persons whose namQks) is /ar-e subscribed to the within
instrument and acknowledged to me that he /sheft+rey executed the same in hisAirr/thL-ir
authorized capacity(ies), and that by his/her�eir signature( on the instrument the person(, or
the entity upon behalf of which the person,O acted, executed the instrument.
I certify under PENALI�F PERJURY under the laws of the State of California that the
foregoing paragraph i ru and Irrect.
WITNESS my hard an f is seal. ' NICOLE EE. CHEF o CH
Commission 4r 1858174
< QM�Comm,Expires Notary Public - California z
Signature (Seal) z
Sonoma County
Au 5, 2013
STATE OF CALIFORNIA )
COUNTY OF S )
On 20r3, before me, ,',-!'1 , , t C- ,j-- � �z< , (here insert name and title
of the officer), personally appeared ANDREW J. PONCIA, who proved to me on the basis of
satisfactory evidence to be the personw whose names) is /are subscribed to the within
instrument and acknowledged to me that he /shek#ey executed the same in his /4terf -heir
authorized capacity(ie5), and that by his /herftteir signature(&) on the instrument the person, or
the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY /OF PERJURY under the laws of the State of California that the
foregoing paragraph,is tr e,49d'yorrect.
WI "I'NESS my l nd a
Tci�l seal.
NICOLE E. CHECHOWICH
Commission # 1858174
Signature (Seal)
�� Notary Public - California z
z Sonoma County
My Comm. Expires Aug 5, 2013
;0027352LDOCX;v2} 7
STATE OF CALIFORNIA )
COUN'FY OF Sc>!- =o i,A
1U.1ry
On 1- Y 1'( , 206, before me, K)', � - < -� � � �� ���� -� �-zh , (here insert name and title
of the officer), personally appeared RACHELLE R. BIANCHI, who proved to me on the basis of
satisfactory evidence to be the person( -5) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in hi& /her /th-eir
authorized capacity(ies), and that by his /her /their signature(8-) on the instrument the person,O, or
the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY�O� PE URY under the laws of the State of California that the
foregoing paragraph is :true/hn r ect. �[
WITNESS my han d of 1 eal. N1COt E E. CHECHOWICH
san [
Commission # 1858174
Notary Public California
Signature (Seal) Sonoma County
M Comm. Ex2ireshg 5, 2013
STATE OF CALIFORNIA )
COUNTY OF
On 1- e 2013, before me, Vii', c��� ��Q�� �w,zC (here insert name and title
of the officer), personally appeared JONATHAN P. PONCIA, who proved to me on the basis of
satisfactory evidence to be the personk,) whose nameO is /ere subscribed to the within
instrument and acknowledged to me that he /-sheftlrey executed the same in his /lrer/thcir
authorized capacity(i and that by his /her /ilaeir signature(s) on the instrument the persors), or
the entity upon behalf of which the persoks) acted, executed the instrument.
I certify under PENALTY PERJURY under the laws of the State of California that the
foregoing paragraph isxi Lie and or�ect.
,r% f
WITNESS my har}C� and/of ral al. NICOLE E. CHECHOWICH
(� Commission # 1858174
Signature (Seal) Not Public California D
z Sonoma County
my Comm. Expires Aug 5, 2013
{00273521.DOCX;v2}
001 S
S I ,,\ 11- O I- e-.t T7T 1� )
("Ol N "1 Y OI,
Republic of Peru )
Province and City of Lima )
Embassy of the ) SS:
United States of America )
•fit -� c� NSO 1.-PcA Ass oct A T E
On t" ",/ �. ?()13 hefore me, tANR C. RaT&,eUkrv(here insert name and title
of' the oi'f icer). personally appeared JASON .1. PONCI A. who proved to me on the hasis of
sati idcnce to be the person(} \\ hose name(,' is are subscribed to the \\ 'III'
instrument and ackno\\ ledied to me that he, she the\ executed the sanne in his her their
authorized and that by his her iheir signatumN-�on the instrument the person(14 or
the entity upon hehali of which the person( acted, executed the instrument.
I ccrtil'\ under I'l NAI. IN OF IT.IZWRY tinder the laN\s of the State of("ahlornul that the
foregoing paragraph is true and correct.
\\ ITNI:SS nn% hand and o tt seal.
Ilnattlrl' LIZ (. Cl) il
Diane C. Heffern
Consular Associate
U.S. Embassy, Lima, Peru
My commission expires:
INDEFINITELY
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 134- 264 -007
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 24,
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 24 of land as described in the
Grant Deed, from Stanley John Poncia to The Stanley T Poncia Living Trust, recorded on May 3, 2005, in
Instrument Number: 2005060 129 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 easterly right of way of Primrose Avenue, designated Rose Avenue
on said map (21 M14), 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 easterly property line of said Lot 24
Sidelines shall be lengthened or shortened so as to terminate on said easterly right of way line of
Primrose Avenue (21 M 14) and said easterly property line of said Lot 24 (21 M 14).
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" attachedJ,Q by this reference made a part hereof.
f
� Y
David Baumann, P.t-S 73D
License Expires March 31, 2013
I I:\PDATA\ 50100964 \Admin\legal \Wilfred \9641ag002. docx
1
ILF R-EF AVENUE.._
N89 °35'41 "W 552.71' m
I N89 °35'41 "W 552.71'
W '
O
v - 13,818 SF± °
CD ,� Ln
Oo: N
o ,n l�
Z N APN 134 -264 -007
THE STANLEY J. PONCIA LIVING TRUST
A DOCUMENT NUMBER: 2005060129
EXHIBIT " `v
SKETCH TO ACCOMPANY A
LEGAL_ +:1ESCR i PT I ON FOR
WILFRED AVENUE
RIGHT OF WAY
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
24
5AN7A RflSA FARMS NO, 2
:21 M 1-4
0 50 100 200
ffm
SCALE: I"=100'
:J
C7
LJI
d
co
co
Iz
-t -
N O
0
0
oO Lc)
z N
C)
U)
N �
O
z O
O
z >
Lo
Q _1 O
N
Q
U rr-
z W
Om
CL
.z
W la1
zr
'snY LL
V /
w
z
s
;HEFT 1 OF 1
F.
CONSULTING
5 YGNACIOVu YRoan, SUFFE 300
AL =Campany
WALNUT CRZEK CAURR`IIA 9459$5 W7
925. VkA4M . FAX 925.909.14665 ,—,RHF.—
OCTOBE-R 26, 2 012
}OB iJO. 50- 100964
n
N
Attachment B
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
r U oe y 201 _3 ("Effective Date ") by and between ANDREW J. PONCIA, an
unmarried man; RACHELLE R. BIANCHI, formerly known as Rachelle R. Poncia, a married
woman as her sole and separate property; JONATHAN P. PONCIA, an unmarried man; JASON
J. PONCIA, a married man, as his sole and separate property, each as to an undivided 8%
interest; and STANLEY J. PONCIA, AS TRUSTEE OF THE STANLEY J. PONCIA LIVING
TRUST DATED MARCH 30, 2005, as to the remaining 68% interest (collectively the
"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- 267 -005 (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 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
{ 00273522. DOCX;v2)
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. 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.
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
too273522.Docx;v2)
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
consequence of the grant of easement 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
5368 Stony Point Road
Santa Rosa, California 95407
Grantee:
Department of Engineering, City of Rohnert Park
City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Attention:
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 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.
{ 00273522. DOCX;v2 )
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.
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 PAGES)
002735zz. oocx;vz } 4
IVN WFIN 1 -S S iN I I I At F 0 F. t hc d u I v audwizcd raprcscri-iati, �:s of'dic 6r�7ntor an,l
(irmw hmc exccwcd th I Agmunwni as of We daw Arm "huni Am Nc.
GRAN OR
Arl&cx� a. an uninarried nian
wriNvAcdMirvenwi
151 NJ=
niorriad v'oruaw as liar NO IC cult! Sparyle
JMTCM�
# un:divid'cd 8"�'r ini"'rest
P!iIII
"On
7--
J�'nafllan l" llt)116 wan Unmamal nian
( UJ)di\ idCd X�` MICI-eil 1
INS Nanic
!L
jason J bricia. a n�ci It:d
i undh ided 8 "'. imcrat
I'Tint Namc:_,__j 0\-fw�
GRANTEE,
Gabric! V
Q; Nhilax,
:\ppwNcd aq to brvn:
c Irei I NImanka KcIlyn,
Uit.\ Attotnclk
HIM). as his We aml wpaiste pnlnn_,,
Mule) I lKincia I iving I rust, dated March S.
2005 (68". Berm
Print Nanw_
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.
too273sz2.DOCx;v2) 6
CITY OF ROIINERT PARK,
a municipal corporation
By:
Dated:
STATE OF CALIFORNIA )
COUNTY OF Sc) -\c i )
On �� �� �� 20 13, before tne. (\J', (J� (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�8)'whose names) is /a1-e subscribed to the within
instrument and acknowledged to me that he /sheftltey executed the same in his /Ineritlreir
authorized capacity(1es), and that by his /herfthcir 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 -017 PERJURY under the laws of the State of California that the
foregoing paragraph is''truq andcQrrect.
WITNESS my ha13d an
Signature
ciaVseal.
STATE OF CALIFORNIA )
NICOLE E. CHECHOWiCH
Commission 1858174
a m
Notary Public California z
(Seal)
� ' `, Sonoma County
My Comm. Expires Aug 5. 2013
COUNTY OF
On F tt 201 x, before me, A, L, - A,cL1"'rz�_ , (here insert name and title
of the officer), personally appeared ANDREW J. PONCIA, who proved to me on the basis of
satisfactory evidence to be the person(sr) whose namefg) is /aie subscribed to the within
instrument and acknowledged to me that heAheAhty executed the same in hisHher1ditir
authorized capacity(i,�,), and that by his /4ei4tl-itir signatureO on the instrument the person(s), or
the entity upon behalf of which the person(5)acted, executed the instrument.
I certify under PENALTY/-OF, PERJURY under the laws of the State of California that the
foregoing paragraph is;tiue anc cotj-ect.
i`
WITNESS my handandOt : >✓ ial seal. Nlco> E. cHECHOwicH
Commission 1858174
Notary Public California
Signature (Seal) sonoma County
My Comm. Expires Aug 5, 2013
100273522.DOCx;v2)
7
STATE OF CALIFORNIA )
COUNTY OF
On Fe L( . 20)-3_ before me.
of the officer), personally appeared RACHELLE R. BIANCHI, who proved to me on the basis of
satisfactory evidence to be the person(4whose name(a) is /aie- subscribed to the within
instrument and acknowledged to me that he/sheMi -ey executed the same in hj� /her /t-htir
authorized capacity(ies), and that by hai- s/her /flieir signature(-s) on the instrument the person -(s), or
the entity upon behalf of which the person(ss-y- acted, executed the instrument.
I certify under PENAL
foregoing paragraph is
WITNESS my hand a.
r �
Signature
F
icial seal.
STATE OF CALIFORNIA )
COUNTY OF Si=t, 1� = )
Y under the laws of the State of California that the
NICOLE E. CHECHOWICH
Commission # 1858174
(Seal) Notary Public Calitornia p
Sonoma County
My Comm, Expires Aug 5, 2013
On 2013, before me; [\Ji LOG C.. d-vle�1,11ir.z� , (here insert name and title
of the officer), personally appeared JONATHAN P. P_ONCIA, who proved to me on the basis of
satisfactory evidence to be the persons whose name.(9) is/a3°e subscribed to the within
instrument and acknowledged to me that he /sheftlrey executed the same in his/her/their
authorized capacity(.iesT, and that by his /her-/Ahnir 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
foregoing paragraph is p�6
WITNESS my
Signature
{00273�22.DOCX;Q)
PERJURY under the laws of the State of California that the
al. NICOLE E. CHE CHOW
ICI•I
Commission 1 B58174
m�a Notary Public - Cell4arnla
(Seal) Sonoma County
M Comm. Expires Aug 5, 2013
Republic of Peru
Province and City of Lima
COUN V), 011 Embassy of the SO
United States of We%
A
(or WO1 U; heiorc rnc� N6A)IN
licre -inscrt mane and title
(,)I, the olIker), per-ionall� appeared !A�10\ J. PQ T_`N, who 1roved to ine on the buds of
sadshcuvy e\ idericc to he the sonow"d U) we "Win,
inyrument and ackin)"Odged to nie that thc� tilt Sarric in his1hr"I then
authori/ed "Ind that h', hi", her dicir oil 01,2 instRIHIC111 111C IM-SOHICN.). OF
the cntiiv upon behall'oIvhich the p,", 011!1A� acted, executed the
I ccrtil-\ undcr PIAM, I Y OF PFRORY tirider the la"s ofthc Sunc of(WHAW INO the
lbreVoWT paragraph iS MIC Mid WrIVUL
WITNI-SS ri-i,, hand and (d'110;
Us. Palru
My c0mmlsslon explre,,,:
INDEFINITELY
(Sall)
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
J N: 50 -1 00964
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILI
EASEMENT
134-267-005
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 52,
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 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 "35'41" West 4635.41 feet;
Thence, southerly and leaving said centerline South 00 °24'19" West 20.00 feet to the TRUE POINT OF
BEGINNING; said point being on the southerly right of way line of Wilfred Avenue as shown on said Map
(21 M 14), said point also being the northeast corner of said Lot 52 (21 M 14);
Thence, southerly along the easterly boundary line of said Lot 52 (21 M 14) South 00 °31'13" West 25.00
feet;
Thence, westerly and parallel with said southerly right of way line North 89 °35'41" West 442.30 feet to a
point on the easterly boundary line of the parcel of land described in the Grant Deed from Develop - Amatic
Engineering to Sonoma County Flood Control and Water Conservation District, recorded on June 2, 1965
in Book 2132 of Official Records at Page 696, in said Office of County Recorder, said point also being on
a curve, concave westerly and having a radius of 125.00 feet and from which the center of said curve
bears North 80 032'02" West;
Thence, northerly along said easterly boundary line (2132 O.R. 696) and along said curve 18.47 feet and
through a central angle of 08 °27'58 ";
Thence, continuing northerly along said easterly boundary line (2132 O.R. 696) North 01'00'00" East 5.00
feet to the northerly boundary line of said parcel (2132 O.R. 696);
Thence, westerly along said northerly boundary line North 89 °00'00" West 61.66 feet to the easterly 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, in said Office of County Recorder;
Thence, northerly along said easterly boundary line (2001 O.R. 191) North 23 °49'03" East 1.06 feet to
said southerly right of way line;
Thence, easterly along said southerly right of way line South 89 °35'41" East 501.98 feet to the easterly
boundary line of said Lot 52 being the TRUE POINT OF BEGINNING.
HAP DATA \50100964tAdmin \le0aMllfred \964 lea 004.docx
RBFC{)NSULT|WG RIGHT OFWAY
S8UYgnaoio Valley Road, Suite 3UO EASEMENT
Walnut Creek, California 84596 APN 134-267'005
October 28.2O12
JN:S0'10O084
Page 2of2
CONTAINING 11,109 Square Feet, more or less (0.25503 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, Righb, Rights-of-Way and Easements of Record.
EXHIBIT "B" attachpd-and by this reference made a part hereof.
License Expires March 31.2013
H:\poxTx\5o1nuys4 V\umi^ Meg o . d a cx
SEE DETAIL
E-1
o|- -- --------' --
S �y^�5'41^E 5O1.88
Ab
PLAT TO ACCOV.PANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE' WIDENING
COUNTY OF SONOMA
STATE OF CALIFORNIA
P.Q.C.___\
`
N89,35'41^W
4635.41
/ '35'41'W 1442.30
N80^32'02"W (R) '
-------- / o
��
Ln
cli
APN 134-267-005
THE STANLEY J, P0NC[A LIVING TRUST
DOCUMENT NUMBER: 2005060129
LOT 52
SANT-A ROSA FARMS N0. 2
21 m 14
N89`00'00^W 81�06
4=08°27`58"
R=125,OO'
L=18.47'�
501,98'
N01' 00'00"E
'
�
_
_
�
�
`
�
0-
/ -'
no
^o
o'
0 L
L� m m
u
z
a-
�
N80^32'02N /=)/ ' 442.30' '
|
------ O 50 108 200
NOT TO SCALE
pd. SHEET I OF 1
WALNUT CREEK, CALIFORNIA 94596--1847
OCTOBER 31, 2012 JOB NO. 50-100964
�
�
�
�
�
F
N
L
S
O
' Exp. 3- -31 -13
F
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SHEET 1 OF 1
WILFRED AVENUE WIDENING
RIGHT OF WAY
� x m
CITY OF ROHNERi _ PARK
GONSU LTINS `N YG,—iO VALI EY ROAD, SUITE 301
COUINTY OF O NOMA
WALN''UT CREEK, CA.JFORNM'450-W,447
C;
A Company 925.9MU 1 < FAX 925.905.1455 • —FE.—
STATE OF CALIFORNIA
OCTOBER 31, 2012 J08 N0. 50- 100964
F
N
L
S
O