2013/03/26 City Council Resolution 2013-061RESOLUTION NO. 2013 -061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
TO ENTER INTO AND ACCEPT AN EASEMENT AGREEMENT FROM
THE SONOMA COUNTY WATER AGENCY
(APN'S 134- 264 -004, 134- 267 -004, AND 134- 267 -006)
WHEREAS, the Sonoma County Water Agency owns Property located along Wilfred
Avenue (APN's 134 -264 -004, 134 - 267 -004, and 134 - 267 -006).
WHEREAS, the widening of Wilfred Avenue /Golf Course Drive West is called for in
the City's and County's general plans.
WHEREAS, the City of Rohnert Park entered into a Joint Exercise of Powers Agreement
( "JEPA ") with Sonoma County representatives, and the Federated hldians of Graton Rancheria
( "Tribe ") to facilitate the road widening of Wilfred Avenue (hereinafter Wilfred Avenue
Improvement Project).
WHEREAS, the JEPA provides for the City to exercise its authority to acquire right of
way needed for the Wilfred Avenue Improvement Project at the sole expense of the Tribe.
WHEREAS, the City has negotiated the Easement Agreement needed from the Sonoma
County Water Agency.
WHEREAS, the Easement Agreement includes a certificate of acceptance.
WHEREAS, the City desires to accept the Easement Agreement consistent with the
Project.
WHEREAS, the Wilfred Avenue hmprovement 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 clay 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 Easement Agreement 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 the
statute of limitations on that prior action is re- triggered by this action toward implementing the
proj ect.
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:
.n i- s:05 -d
Section 1. Acceptance of Easement Agreement. The City Council of the City of Rolulert Park
hereby approves the attached Easement Agreement, 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 Sonoma County Water Agency for property located
along Wilfred Avenue also known as Assessor Parcel Numbers 134 - 264 -004, 134 -267 -004, and
134 - 267 -006. Upon action by SCWA's board to countersign the Easement Agreement, the City
Council also accepts the grant of easement contained therein.
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 Rolulert Park is hereby authorized
and directed to enter into the attached Easement Agreement, 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
Easement Agreement in the office of the Recorder of the Sonoma County, State of California for
and on behalf of the City of Rolulert Park.
DULY AND REGULARLY ADOPTED this 26th clay of March, 2013.
19
:LOH ERT P.An
ATTEST:2
r
Anne Buergler, City Clerl
CITY OF ROHNERT PARK
Pam Stafford, Mayor
Attachment: Easement Agreement with Exhibits (legal descriptions and plat maps)
AHANOTU: = BELFORTE: N4ACKENZIE: VNI( -, CALLINAN: P�JC -. STAFFORD: } ;
AYES: ( �5 ) NOES: ( c) ) ABSENT: ( C.) ) ABSTAIN: ( 6 )
2013 -061
(2)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
City Hall
130 Avram Drive
Rohnert Park, CA 94928
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement ") is made by and between the Sonoma County
Water Agency ( "Water Agency ") and the City of Rohnert Park ( "City ").
RECITALS
WHEREAS, Water Agency is the owner of certain real property within the unincorporated
portion of the County of Sonoma, State of California commonly known as Bellevue - Wilfred
Channel, and being more particularly described as follows:
Those lands conveyed to the Sonoma County Flood Control and Water Conservation
District, by deeds recorded on May 19, 1964 in Book 2045, page 552, on November
8, 1963, in Book 2001, page 191, and on June 2, 1965 in Book 2132, page 696 of
Official Records of Sonoma County, California (hereinafter referred to as the
"Agency Property "); and
WHEREAS, City proposes to construct improvements related to the Wilfred Avenue
Widening Project (the "Project ") as shown upon those certain improvement plans entitled: Wilfred
Avenue Improvements City Project No. 2010 -05, dated February 7, 2013 (the "Plans "), which are
hereby incorporated into and made a part of this Agreement by this reference; and
WHEREAS, Water Agency staff have reviewed the Plans, and have determined that the
improvements proposed for the Project, if subject to the terms and conditions under this Agreement,
will not adversely affect the Water Agency in any respect; and
WHEREAS, City wishes to obtain a permanent easement over portions of the Agency
Property as described in Exhibit "A" and shown for reference in Exhibit "A -1 ", attached hereto and
made a part hereof (hereinafter, the "Easement Area "), for the purposes of construction of
improvements related to Project; and
WHEREAS, Water Agency desires to condition the granting and continuance of such
easement upon certain stipulations and provisions as set forth herein, with respect to existing Water
Page 1 of 10
LA #4817-1850-6259 v3
Agency facilities to be relocated to certain portions of the Wilfred Avenue right of way ( "Wilfred
Avenue Right of Way ") in connection with the Project, as described in Exhibit "B" and shown for
reference in Exhibit B -1, attached hereto and made a part hereof (hereinafter, the "Wilfred Avenue
Right of Way Area ").
NOW, THEREFORE, for good and valuable consideration, and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, Water Agency and City
covenant and agree as follows:
AGREEMENT
1. Grant of Non - Exclusive Easement. Water Agency hereby grants to City a non-
exclusive easement over the Easement Area of the nature, character and extent, and subject to the
conditions, set forth in this Agreement.
2. Description of Easement over Agency Property. The easement granted over the
Easement Area pursuant to this Agreement (the "Easement ") is a perpetual easement and
right -of -way for the purpose of laying down, installing, constructing, reconstructing, removing,
replacing, repairing, maintaining, operating and using the Project, in accordance with the Plans, in,
tinder, along, and across the Easement Area, and the right at all times to enter in, over and upon said
Easement Area for all purposes connected with the laying down, installing, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating and using the Project provided
that said use does not damage or restrict Water Agency's full use of the Agency Property or the
improvements existing thereon in any way, subject to the relocation of certain Water Agency
facilities as described in the Recitals above. Water Agency reserves the right to install, construct,
operate, and maintain both its existing improvements (subject to the relocation of certain Water
Agency facilities as described in the Recitals above) and any future improvements on the Agency
Property provided that City's use of the Easement for the purposes set forth herein is not materially
impaired. The Easement is granted on the condition that City's use of the Easement does not
damage or restrict Water Agency's full use of existing Water Agency improvements in any way
except as specified above. The grant of the Easement is subject and subordinate to the rights of
Water Agency and its successors and assigns, to use the Agency Property in the performance of its
governmental and proprietary functions.
3. Tenn. The Easement shall continue indefinitely so long as City is in compliance with
the terms and conditions of this Agreement. Should City vacate any portion of Wilfred Avenue
Right of Way Area, City shall reserve to itself such easements as may be necessary for the City to
meet its obligations under this Agreement.
4. Consideration. City shall reimburse Water Agency for the cost of Water Agency's
staff time related to this Agreement for the review of plans, environmental documents, legal
descriptions /plats and other similar documents for the Project (and for Water Agency's Legal
Counsel Review of same), for the preparation of agreements and agenda items for the Project, for the
coordination with City's project manager consultant for the Project, as well as any other similar staff
cost necessary to facilitate approval of this Agreement by the Water Agency's Board.
LA 4M7-1850-6259 \12
Page 2 of 10
5. Maintenance of Easement. City shall maintain the Project within the Easement Area
and the Wilfred Avenue Right of Way Area at City's sole cost and expense. Any reconstruction or
maintenance activities performed by City and related to the Easement shall not interfere with the
Water Agency's continued use of the Agency Property or the Easement Area for any purpose. City
shall not materially alter or reconstruct any part of the Project located within the Easement Area or
any Water Agency owned facilities being relocated by the Project, without first obtaining Water
Agency's written approval of plans for such alteration or reconstruction, which approval shall not be
unreasonably delayed, conditioned or withheld. Water Agency shall not be responsible for any
damages to City's improvements in the Easement Area and Wilfred Avenue Right of Way Area
caused by Water Agency due to any Water Agency routine maintenance activities in the Wilfred
Avenue Right of Way Area, and Water Agency shall have no responsibility to reconstruct or repair
any of City's improvements in the Easement Area and Wilfred Avenue Right of Way Area caused
by any such routine maintenance activities. Notwithstanding anything to the contrary set forth
herein, Water Agency agrees to be responsible for damages to City's improvements in the Easement
Area and Wilfred Avenue Right of Way Area arising from the active negligence or willful
misconduct of Water Agency, or its agents, contractors, employees and /or assigns.
6. Waste or Nuisance, Water Agency's Rights in Property. City shall not commit or
suffer: (1) any waste or nuisance on the Easement Area; (ii) any action or use of the Easement Area
which interferes or conflicts with the use of the Easement Area or Agency Property by Water
Agency or any authorized person; or (iii) any action on the Easement Area in violation of any law or
ordinance. Except as otherwise provided in this Agreement to include such rights reasonably
necessary for the enjoyment of the Easement as granted in Section 2 above, City shall not undertake
or permit any activity or use on the Easement Area that is inconsistent with the purpose of this
Agreement without first obtaining the Water Agency's written approval, including, without
limitation, the following activities: (a) constructing, reconstructing, replacing, repairing, or
maintaining any building, structure, utilities, or other improvement other than as shown on the Plans;
(b) altering the surface or contour of the land in any mariner not consistent with the Plans, including,
but not limited to, excavating or removing soil, sand, gravel, rock, sod, trees, shrubs, plants or
vegetation; (c) degrading or eroding the soil or polluting any surface or sub - surface waters; (d)
dumping, accumulating, or storing trash, ashes, garbage, waste, junk, non - operative vehicles, or
other materials; (e) damaging the integrity of the surface beyond normal wear and tear; (f) exploring
for or developing and extracting minerals and hydrocarbons by any mining method, surface or
otherwise; (g) parking any vehicle; and (h) placing or leaving any personal property of City or City's
tenants.
7. Non - Liability of Water Agency; Indemnity. Water Agency and its officers, agents,
and employees shall not be liable to City or any third party for any injury, loss, or damage arising
out of or in connection with the City's use of the Easement granted herein or, except as set forth in
the last sentence of this paragraph, to Water Agency's use of Wilfred Avenue Right of Way Area.
City agrees to defend, indemnify, hold harmless, and release Water Agency, and its officers, agents,
and employees (collectively, the "Indemnitees "), from and against any and all actions, claims,
damages, liabilities, or expenses that may be asserted by any person or entity, including City,
relating to the Project or to the City's use of the Easement granted herein and, except as set forth in
the last sentence of this paragraph, Water Agency's use of Wilfred Avenue Right of Way Area. City
agrees to compensate Water Agency for any damage to Water Agency property as a result of the
LA #4817 -1850 -6259 v2 Page 3 of 10
construction, operation, or maintenance of the Project. Notwithstanding anything to the contrary set
forth herein, City's obligation to defend, indemnify, hold harmless and release the Indemntees shall
not extend to any liability arising from the active negligence or willful misconduct of any
Indemnitee.
S. Enforcement. If through inspection or otherwise Water Agency determines that City
is in violation of the provisions of this Agreement or that a violation is threatened, Water Agency
shall give written notice to City of such violation and demand corrective action sufficient to cure the
violation. If City fails to cure the violation within fourteen (14) days after receipt of notice thereof
from Water Agency, or under circumstances where the violation cannot reasonably be cured within a
fourteen (14) clay period, fails to begin curing such violation within the fourteen (14) day period, or
fails to continue diligently to cure such violation until finally cured, Water Agency may bring an
action to enforce the provisions of this Agreement, enjoin the violation, recover damages and
enforcement costs for the violation, and require restoration of the Easement Area to the condition
that existed prior to the violation. If Water Agency reasonably determines that circumstances
require immediate action to prevent or mitigate a violation or threatened violation of the provisions
of this Agreement that poses an immediate threat to public health and safety or property, Water
Agency may pursue its remedies under this paragraph without prior notice to City and without
waiting for the period for cure to expire.
9. Enforcement Discretion. Enforcement of the provisions of this Agreement shall be at
the discretion of the Parties, and any forbearance by a Party to exercise its rights under this
Agreement in the event of any breach of any provision of this Agreement by the other Party shall not
be deemed or construed to be a waiver by the Party of such provision or of any subsequent breach of
the same or any other provision of this Agreement or of any of the Party's rights under this
Agreement. No delay or omission by a Party in the exercise of any right or remedy upon any breach
by the other Party shall impair such right or remedy or be construed as a waiver.
10. Access and Control. Except as otherwise expressly provided in this Agreement,
Water Agency retains the exclusive right of access to and control over the Easement Area. Nothing
contained in this Agreement shall be construed as precluding Water Agency's right to grant access to
third parties across the Easement Area provided that such grant does not unreasonably affect City's
use of the Easement or the use of the Project by the City or the public.
11. Successors. This Agreement shall be binding on and shall inure to the benefit of the
parties hereto and their respective successors, heirs, assigns and transferees.
12. Amendment. If circumstances arise under which an amendment or modification of
this Agreement would be appropriate, City and Water Agency shall be free to jointly amend this
Agreement. Any such amendment or modification shall be set forth in a written instrument executed
by both parties, and shall be recorded in the Office of the Sonoma County Recorder.
13. Notices. Any notice, demand, request, approval, or other communication that either
party desires or is required to be given under this Agreement shall be in writing and may be given by
personal delivery or by registered or certified mail. Notices, demands, requests, approvals, or other
communications sent by mail should be addressed as follows:
LA as i 7- i M-6259 ,,z
Page 4 of 10
Water Agency: Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
City: City of Rohnert Park
Attention: City Manager
130 Avram Avenue
Rolnzert Park, CA 94928
and when so addressed, shall be deemed given three (3) business days following deposit in the
United States Mail, registered or certified, return receipt requested, postage prepaid. In all other
instances, notices, demands, requests, approvals, or other communications shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the persons to
whom notices, demands, requests, approvals, or other communications are to be given by giving
notice pursuant to this section.
14. Applicable Law and Forum. Interpretation and performance of this Agreement shall
be governed by California law and any action to enforce the provisions of this Agreement or the
breach thereof shall be brought and tried in the County of Sonoma.
15. No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed to create, and the parties do not intend to create, any rights in third parties.
16. Inte rah tiorl. This Agreement is the final and complete expression of the agreement
between the parties with respect to the subject matter hereof, and any and all prior or
contemporaneous agreements, written or oral, are merged into this instrument.
17. Captions. The captions in this Agreement have been included solely for convenience
of reference. They are not a part of this Agreement and shall have no effect upon its construction or
interpretation.
18. Survival of Agreement. This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein, shall survive the closing of
this transaction and recordation of any deed or other document related hereto.
19. Title to Water Agenc�perty. It is understood that the City did not obtain a title
report or obtain title insurance for the easement rights to be acquired from the Water Agency under
this Agreement. To the best of Water District's knowledge, there are no third party rights or
interests existing on or in the Agency Property that will actually be damaged, impaired, or affected
by the Easement, and Water District agrees to hold City harmless and reimburse City for any and all
of City's losses and expenses occasioned by reason of any third party claims for damages,
impairment or effect of their rights or interests which were actually known by Water District as of
the date of this Agreement. Subject to the foregoing, in addition to any indemnification granted
under Section 7 above, the City agrees to defend, indemnify, hold harmless, and release Water
Page 5 of 10
LA 44817- 150 -6259 v2
Agency, and its officers, agents, and employees, from and against any and all actions, claims,
damages, liabilities, or expenses that may be asserted by any person or entity, including City, arising
out of or relating to any unknown third party rights or interests that may exist on or in the Agency
Property that could be damaged, impaired, or affected by the grant of easement rights by Water
Agency under this Agreement or by City's Project. The Water Agency provides no warranty,
express or implied, that the Water Agency has sole right to grant the necessary easement rights to
City. The terms "To the best of Water District's knowledge", and "actually known" means to the
actual knowledge of Water District (as opposed to implied or constructive knowledge) based on a
written document actually received by Water District prior to the execution of this Agreement,
without any duty to independently investigate the matter.
20. Indemnity for Claims under CEQA. In addition to the indemnity provided in Sections
7 and 19, and notwithstanding any limitations contained in those sections, City shall indemnify,
protect, defend (as set forth in Section 2788 of the California Civil Code) and hold harmless (with
counsel reasonably acceptable to the Water Agency) the Water Agency and its representatives from
and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and
expenses (including reasonable attorneys' fees), arising from or in connection with, or caused by
claims to attack, set aside, void, or annul the Water Agency's approval and execution of this
Agreement, or the Water Agency's approval and execution of the Easement Agreement by and
between the Sonoma County Water Agency and Pacific Bell Telephone Company, a California
corporation dba AT &T California of even date herewith (the "AT &T Easement ") or the Water
Agency's CEQA determination with respect to this Agreement, the AT &T Easement, or the Wilfred
Bridge Improvements (collectively, "Claims" or "Claim "). In the event that any Claim is brought
against the Water Agency or its representatives, the City upon notice from the Water Agency shall
pay for the Water Agency's legal and staff costs incurred in defending any such claim. The Water
Agency shall defend the Claim, at the City's sole expense, and shall consult with the City during the
pendency of the action or proceeding to minimize the legal fees and other costs associated with the
claim. The provisions of this section shall survive completion of the Wilfred Bridge Improvements
or the expiration or other termination of this Agreement. The City acknowledges and agrees that the
obligations of the City under this Section 20 are material elements of the consideration to the Water
Agency for the grant of easement under this Agreement, and that the Water Agency would not have
entered into this Agreement unless such obligations were as provided for herein.
i.n "'4817-1850-6259 %-z
Page 6 of 10
IN WITNESS WHEREOF, Water Agency and City have executed this Agreement as set
forth below.
SONOMA COUNTY WATER AGENCY:
Executed by the Sonoma County Water Agency this day of
2013 pursuant to authority granted by Resolution No. dated
,2013:
C
Attest:
By. --
David Rabbitt Clerk, Board of Directors
Chair, Board of Directors
Reviewed as to Substance:
i
Grant Davis
General Manager
Approved as to Form:
Deputy County Counsel
Date:
Date:
CITY OF ROHNERT PARK, a municipal corporation:
By: Date:
Pam Stafford
Mayor
Approved as to Form:
C
City Attorney
Date:
Page 7 of 10
LA 1:4817-1850-6259 v2
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 Rohnert By:
Park pursuant to City Council Resolution
No. dated Dated:
and the Grantee consents to recordation
thereof by its duly authorized officer.
Page 8 of 10
LA = %,2 4817 -1850 -6259 �
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of
On
Date
personally appeared
before me,
Place Notary Seal Above
Here Insert Name and Title of the Officer
Nanne(s) of Signer(s)
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 Linder 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
LA 448 17-1850-6259 v2 Page 9 of 10
Signature of Notary Public
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of
On _
Date
personally appeared
before me,
Place Notary Seal Above
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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
in as17- 1sso- vzs9v -z Page 10 of 10
Signature of Notary Public
That certain parcel of land situated in the County of Sonoma, State of California. being a portion of Lot 43,
Santa Rasa 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 lands 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, 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 5347.88 feet;
Thence, southerly and leaving said centerline South 00 °24'19" West 23.79 feet to the northerly terminus
of that certain course "North 06 °26'30 "East 46.30 feet" as described in said deed (2001 O.R. 191), said
northerly terminus also being the TRUE POINT OF BEGINNING;
Thence, southerly along the westerly boundary line of lands described in said deed (2001 O.R. 191),
South 06 °26'30" West 46.30 feet;
Thence, South 23 °49'03" West 10.23 feet;
Thence, leaving said westerly boundary line (2001 O.R. 191), South 89 °35'41" East 35.94 feet;
Thence, South 63 °58'06" East 32.33 feet;
Thence, South 89 °35'41" East 7.08 feet;
Thence, North 26 °01'54" East 47.00 feet;
Thence, South 89 °35'41" East 22.14 feet;
Thence, South 17 °54'02" West 44.43 feet;
Thence, South 89'35'41" East 17.33 feet;
Thence, North 71 °26'09" East 31.67 feet to the former centerline of Hargrave Avenue, being the easterly
boundary line of said Lot 43 as shown on said Santa Rosa Farm No. 2 Map (21 M 14);
Thence, northerly along said former centerline of Hargrave Avenue, North 00 "31'54" East 62.91 feet to
the southerly right of way line of Wilfred Avenue as shown on said Map (21 M 14);
Thence, leaving said former centerline of Hargrave Avenue, and westerly along said southerly right of
way line North 89 °35'41" West 138.12 feet to said westerly boundary line (2001 O.R. 191);
Thence, southerly along said westerly boundary line (2001 O.R. 191) South 23 °49'03" West 4.13 feet to
the TRUE POINT OF BEGINNING.
RBF CONSULTING December 21, 2012
500 Ygnacio Valley Road, Suite 300 JN: 50- 100964
Walnut Creek, California 94596 Page 1 of 2
HAP DATA \50100964NAdmin \legal \Klfred\964Ieg022 - channel- RW.docx
CONTAINING 8,578 Square Feet, more or less (0.19692 acres, more or less).
BASF 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 "A -1" attached and by- ,this reference made a part hereof.
r t
David' Baumann, P.L.S.'7399._
License Expires March 31, 2013
.r
c ;,o. 13 09
Ate
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
'T DATA\ 50100964 \AdminVegakWilfred \964leg022 - channel- RW.docx
December 21, 2012
J N: 50- 100964
Page 2 of 2
o°_ SOO ° 24 ' 19 "
23.79'
T. .0.8 -
Cqco cn
oti
Zr, g cJ
C) J ten✓
- "'D C)
4k, IZ
ov
6
vJ�
Zl-
P
(o �o
N et
co
a
cn
/ LEGEND
® FOUND MONUMENT AT CENTERLINE INTERSECTION
OF WILFRED AVENUE AND REDWOOD DRIVE
PER RECORD OF SURVEY
BOOK 747 OF MAPS AT PAGES 50 -53
SONOMA COUNTY RECORDS.
I LF N ED A V NU P, .
�-- — N89 °35'41 "Vd 5347.88' I' r
t�
N89 °35'41 "W — -- —
138,12'
7777S23-49'03"W 4,13'
PARCEL A S89 °35'41 "E APN
8,578 SF± 22.14' 134 -267 -004
S23 °491 03 11 W
10.23' c;
J 35.94' N
S89 °35'41 "E
S63 °58'06 "E
32,33'
S89 °35'41 "E,
7.08'
LAIVD
B A
L.S. 7309
Exp. 3 -31 -13
CAL
EXHIBIT " vv
PLAT TO ACCOMPANY A
LEGAL. DESCRIPTION FOR
WILFRED AVENUE WIDENING
CITY OF ROHPNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
o
Q
N 0�
S89 °35'41 "E
17.33' AdD'
q FORMER
HARGRAVE AVE,
L?� CJ o°
cJ �
y
ri
�O C9
L ,
00 - N
J
�
o
N U-)
t"t 0 N
cj
00
Ld
J
Z
Q
Li
z
a--
N
Lf) z
o
0
Q o
0-c�
o
a
Ln
C)
U
(n
0 50 100
SCALE: 1"=50'
DECEMBER 20, 2012 JOB NO, 50-100964
M
Y
SHEET 1 OF 1
F.
CONSULTING
.°O YU0,CIO VA:.LEY ROAD, SURE JCO
Y7A1P,JT C""K CAUFORRIA 61s"* -3847
A
825.9w,iA80 W FAX M.M.1185 • vnv R8F.—
DECEMBER 20, 2012 JOB NO, 50-100964
M
Y
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 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, 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 5139.97 feet;
Thence, southerly and leaving said centerline, South 00 °24'19" West 25.96 feet to the westerly terminus
of that certain course "North 89 °00'00" West 13.76 feet" as described in said deed (2001 O.R. 191), said
westerly terminus also being the TRUE POINT OF BEGINNING;
Thence, easterly along the easterly boundary line of said deed (2001 O.R. 191) the following two (2)
courses:
1) South 89 °00'00" East 13.76 feet to a point on a non - tangent curve, concave westerly and
having a radius of 75.00 feet, a radial line which bears North 88 °59'59" West,
2) Southerly and along said curve 6244 feet and through a central angle of 47 °42'16 ";
Thence, leaving said easterly line and westerly from said curve, North 81'27'02" West 37.31 feet;
Thence; South 71 °26'09" West 21.16 feet to the centerline of former Hargrave Avenue being the westerly
boundary line of said Lot 52 as shown on said Map (21 M 14);
Thence, northerly along said former centerline, North 00 °31'54" East 62.91 feet to the southerly right of
way line of Wilfred Avenue, as shown on said Santa Rosa Farms No. 2 Map (21 M 14);
Thence, easterly along said southerly right of way line, South 89 °35'41" East 70.73 feet to said easterly
boundary line (2001 O.R. 191);
Thence, southwesterly along said easterly boundary line (2001 O.R. 191), South 23 °49'03" West 6.49
feet to the POINT OF BEGINNING,
CONTAINING 4,385 Square Feet, more or less (0.10067 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 "A -1" attached and by this reference made a part hereof.
RBF CONSULTING December 21, 2012
500 Ygnacio Valley Road, Suite 300 JN: 50- 100964
Walnut Creek, California 94596 Page 1 of 2
H ''DATA\ 50100964\ Admi Meg al\ DV11fred \9641eg023- channe1.docx
LEGAL DESCRIPTION
_
David Baumann, P.L.S. 7309
License Expires March 31.2O13
,
�� P"-_��\_\���
�
��\_
No 73rig
RBFCONSULT|NG
6OOYgnacio Valley Road, Suite 3OO
Walnut Creek, California 94596
H:x=oxrmuomo96wmxminxooawwnemon leg oza'u`un^ommm
December 21'2012
JN:5O-1000O4
Page 2 of 2
N89 35' 41 11 W
WILFRED AVENUE 5139.97'
-0
S89'35'41 S00 °24 '19 "W
70,73' 3--, 25.96'
00 7,
ry Q) C)
Q)
c)
C)
Q,
Q)
-Sz:
p Q,— r`
c)
A
ES. 7309
*\Exp. 3-31-13
OF ck,
EX HIBIT "A-111
PLAT !0 Ar,COjV,,FANY A
LEGAL D-SCRIPTiON FOR
WILFRED AVENUE WIDENING
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
� FORMER
HARGRAVE AVE.
RADIAL BEARINGS
Rl N88'59'59"W
R2 _N4 1 ' 17'�43 "W
-Al
6)
L-5 . ce
W _j Q
>:D Z C
< <
af Ljj cn
af -F
< 0 50 ~ 100
Z
LINE/CURVE DATA TABLE
NO.
BEARING/DELTA
RADIUS
LENGTH
TANGENT
1
S89'00'00"E
--
13,76'
----
2
4742'16"
75,00'
62.44'
z
,0
S23'49'03"W
0
6.49'
0
1
_ j
If)
0
C)
coo
(D
0
CL
IAJ
M
Q
C)
jC)
L: 0-1
L-5 . ce
W _j Q
>:D Z C
< <
af Ljj cn
af -F
< 0 50 ~ 100
Z
LINE/CURVE DATA TABLE
NO.
BEARING/DELTA
RADIUS
LENGTH
TANGENT
1
S89'00'00"E
--
13,76'
----
2
4742'16"
75,00'
62.44'
33.16'
3
S23'49'03"W
--
6.49'
--
CD
6i
cn
DECEMBER 20, 2012 JOB NO. 50-100964
, n
SHEET 1 OF 1
ff.
CONSULTING
9A YG iACIQ VALLEY ROAD, SURE :x9
A 3M Company
WAAMIT CREEK CALIFORNA 945X,3847
925.9M,14M • FAX 025.906.1485 , —.RBF,—
DECEMBER 20, 2012 JOB NO. 50-100964
, n
EXHIBIT "A"
6.6jCRI TI •
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 as described in the deed
from Develop- Amatic Engineering to Sonoma County Flood Control and Water Conservation District,
recorded on June 2, 1965 in Book 2132 at Page 696 of Sonoma County 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 5139.97 feet;
Thence, southerly and leaving said centerline, South 00 °24'19" West 25.96 feet to the westerly terminus
of that certain course "North 89 °00'00" West '13.76 feet" 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, said westerly
terminus also being the TRUE POINT OF BEGINNING;
Thence; easterly along said easterly boundary line of the lands described in said deed (2001 O.R. 191)
the following two (2) courses:
1) South 89 °00'00" East 13.76 feet to a point on a non - tangent curve, concave westerly and
having a radius of 75.00 feet, a radial line which bears North 88 °59'59" West,
2) Southerly and along said curve 62.44 feet and through a central angle of 47 °42'15 ";
Thence, departing from said curve, North 48 °42'17" East 54.59 feet;
Thence, South 89 °35'41" East 32.79 feet to a point on the easterly boundary line of said lands (2132 O.R.
696), said point also being on a non - tangent curve, concave westerly and having a radius of 125.00 feet,
a radial line which bears North 80 °32'02" West;
Thence, northerly along said easterly boundary line and said curve 18.47 feet and through a central angle
of 08 °27'58 ",
Thence, continuing northerly and along said easterly boundary line, North 01° 00'00" East 5.00 feet to the
northerly boundary line of said lands(2132 O.R. 696),
Thence, northwesterly along said northerly boundary line (2132 O.R 696), North 89 "00'00" West
61.66 feet to said easterly boundary line (2001 O.R. 191);
Thence, South 23 °49'03° West 5.43 feet to the TRUE POINT OF BEGINNING
CONTAINING 1,496 Square Feet, more or less (0.03434 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.
RBF CONSULTING December 21, 2012
500 Ygnacio Valley Road, Suite 300 JN: 50- 100964
Walnut Creek, California 94596 Page 1 of 2
HAP DATA`, 50100964\ Admin \IegaI\VVilf red \9641eg024.docx
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "A -1" attapfi.ed and by this reference made a part hereof.
11 / ,-
A v�
David Baumann, P.L,S. 7309
License Expires March 31, 2013
_ Q
_ F
P
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
H:\ PDATA \5010C964\Admin\leaal \Wilf red \964leg024. docx
December 21, 2012
J N.' 50- 100964
Page 2 of 2
UVT|����O AVENUE ,`�u '.�� n"u°w�_
- ----- - ----- r
SOD " 24 ' 1g `' W |
' >
25, 96, / |
Q FORMER
H&RGRAVE AVE.
0
I/ �,-1�2�,
�'W
������8��D�� w�` �n:
EXHIBIT � ��� �
PLAT 1-0 ACCOMPANY A
LEGAL DESCRIPTION FOR
nILFREO Av[hV[ WIDENING
CITY OF R0HN[RT PARK
COUNTY OF S0N0HA
STATE OF CALIFORNIA
ru�
^35'41"W- 139
----o - 8
� `� try � ~ «
TPOD'�' 1 PARCEL C
APN 134-267-004
SEE DETAIL
ON SHEET 2
CD
APN 134-267-005
C), THE STANLEY J. PONCIA LIVING TRUST
DOC. NUMBER: 2005060129
PORTION OF LOT 53
SANTA ROSA FARMS ND 2
21 M 14
D 50 100
62si—m���
1 OF 2
MFSHEET
DECEMBER 20, 2012
--UB NO. 50-1100964
I
SOO °24' 19 "W
25.96'
I
T.P.0.� �
S89 °00'00 "E
13,76'
ILERED AVENUE
N89 °35'41 "W -
S23 °49'03 "W
5.43'
y89 °00'00 "W 61,66'
N88 °59'59 "W (R)
PARCEL C
1,496 SFt
z =47 °42'15"
R= 75.00' 32.79'
L- 62.44 ' S89 °35'41 "E
P
APN 134- 267 -004 � ��
/ \LN41 °17'43 "W (R)
EXHIBIT "A-111
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE WIDENING
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OE CALIFORNIA
DETAIL
NOT TO SCALE
P.O C.
o- - 5139.97' AV
01
N01 °00'00 "E
5.00'
0 =08 °27'58"
R= 125.00'
L= 18.47'
N80 °32'02 "W (R)
APN 134 - 267 -005
MF
C❑NSULTING
A : Company
DECEMBER 20, 2012
SHEET 2 C; - 2 1
S:Q YGNN_fO VALLEY ROAD, S111;E 300
4VALNUT CREEK, GALIFORNIA 345% -WY
125.;M1460 - FAX 925.905.14C,5 - — .RBF,-
JOB NO. 50- 100964
EXHIBIT "B"
LEGAL DESCRIPTION
PARCELI
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 °35'41" West 5780.78 feet;
Thence, southerly and leaving said centerline South 00 °24'19" 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 Hook 2001 of Official Records at Page 191 Sonoma
County Official Records;
Thence, along said westerly line the following four (4) courses:
1. South 23 °49'03" West 4.13 feet,
2. South 06 °26'30° 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 °51'34° East 45.54 feet;
Thence, North 04 °25'58" East 13.58 feet;
Thence, North 35'05'04" West 26.11 feet;
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.
RBF CONSULTING October 26, 2012
500 Ygnacio Valley Road, Suite 300 JN: 50- 100964
Walnut Creek, California 94596 Page 1 of 2
H: \PDATA \50100964\Adrnin \legal \Wilfred \9641eg003 - parcel 1- scwa.docx
EXH|B|T"B"
LEGAL DESCRIPTION
PARCEL1
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 10.2O11 in Book 747of Maps at Pages 5O-5%.in said County Recorder's Office.
SUBJECT TOall CovenmnCs, Righte, R|ghts+of4Nuyand Easements ofRecord.
EXHIBIT "13-11" attac�,t&and.by this reference made a part hereof,
D8w4d-Baumann.Pl.S.7309
License Expires March 31.2O13
RBFCONSULT|NG
5O0Ygnacio Valley Road, Suite 300
Walnut Creek, California Q45AO
*:\Po^Txeu1ooya4vwmmxnoaxwmmm9*4 leg uo3-paxml 1-smn.umz
October 2G.2012
JN�5O'1OO9G4
Page 2 of 2
PLAT TO ACCOMPANY A
LEGAL DESCRIP'IiON FOR
WILFRED AVENUE WIDENING
RIGHT OF WAY
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
LqN� ��
rail
OCTOBER 31, 2012 JOB NO, 50- 100964
E
V
J
7
7
i
EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL 3
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 °32'02" 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, Sonoma County Official Records;
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,
CONTAINING 11,109 Square Feet, more or less (0.25503 acres, more or less).
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
H:IPDATAt 501009641A dmiOegallWilfred 1964leg004- sma.docx
October 26, 2012
J N: 50- 100964
Page 1 of 2
BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of
Survey filed December 18. 2011 in Book 747 of Maps at Pages 50-53. in said County Recorder's Office.
SUBJECT TO all Covenants, Righbs, Rights-of-Way and Easements ofRecord.
EXHIBIT attached reference made a part hereof.
Licence Expires March 31. 2013
�
RBFCONSULT|MG
500 YgnacioVaUey Road, Suite 300
Walnut Creek, California Q4506
October 20.2O12
JN:50-1O0SO4
Page 2of2
EXHIBIT "B-1 tr
PL-AT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
4JT F -RED .AVENUE WIDENING
RIGHT OF 'WAY
CITY OF ROHNFRI PARK
COUNTY OF SONGS }4A
I STALE OF CAL I FORT N I A
--17 :.,
L.5. 7309
Exp. 3 -31 -13
T� OF_ cm -\� �
FMF SHEET 1 OF 1
CDNS U LT 1 N G 500 YGNACIO VALLEY ROAD, SU E 579
Y2ALNV7 GREEK, CALIFC/�itiiA 4S59S3E -17
A Company 525.fr 6.t4M FAX 92 .65 —.RBF.—
OCTOBER 31, 2012 J03 N0. 50- 100964