2007/05/08 City Council Resolution 2007-75RESOLUTION NO. 2007-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING GRANT OF EASEMENT TO
SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP,
FOR UTILITY PURPOSES AT BENICIA PARK (APN 143- 160 -008)
WHEREAS, the City of Rohnert Park entered a Land Lease Agreement with Sprint
Spectrum L.P., a Delaware limited partnership on June 29, 2004, authorized by City Council
Resolution Number 2004 -51 adopted March 9, 2004; and
WHEREAS, the City agreed to grant a utility easement pursuant to Section 1,
PREMISES, third paragraph in the said agreement; and
WHEREAS, the Cotati - Rohnert Park Unified School District has granted a portion of
this easement pursuant to deed recorded as document number 2006114676 in the official records
of the Sonoma County Recorder's Office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve grant of easement to Sprint Spectrum, L.P., a
Delaware Limited Partnership, for utility purposes at Benicia Park.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute this deed in substantially similar form to the attached deed for and on behalf of the City
of Rohnert Park.
DULY AND REGULARLY ADOPTED this 8"' day of May, 2007.
ATTEST:
D 19
Deputy City q r
CITY OF ROHNERT PARK
V PAb.
Mayor
NFR
62
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Contracts & Performance
Mailstop KSOPHT0101 -Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
ATTN: SF62XC903A I SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
This Easement (the "Easement ") is entered into on May by and between the City of
Rohnert Park ( "Grantor ") and Sprint Spectrum, L.P., a Delaware limited partnership, its successors,
grantees and assigns (hereinafter "Grantee ").
RECITALS
A. Grantor is the owner of certain real property situated in the City of Rohnert Park,
County of Sonoma, State of California commonly known as Assessors Parcel Number 143 -160 -008
(the "Property "), and more particularly described in Exhibit A, attached to this Agreement and
incorporated herein by reference.
B. Grantor and Grantee entered into a Land Lease Agreement dated as of June 29, 2004
(the "Lease ") whereby Grantor leased to Grantee a portion of the Property (the "Premises ") for the
construction and operation of a communications facility, and agreed to grant Grantee an Easement
for the installation of utilities to service the communications facility.
C. The parties desire to enter into this Easement to provide for the grant of the easements
from Grantor to Grantee and to establish the locations of the utility easements of record.
Now, therefore, for good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant and Description of Easement. Grantor hereby grants and conveys to Grantee a
non - exclusive Easement for utility purposes under, through and across a portion of the Property in
the locations more particularly described in the attached Exhibit B ( "Easement Tract ").
2. This easement granted herein is for the benefit of and appurtenant to the Premises and
the wireless communications facility located on the Property.
3. "Utility purposes" is the rights of way for the maintenance, use, operation, repair, and
inspection of Grantee's existing electrical, telephone, and communication systems. Upon the
approval of Grantor, Grantee may add to, replace, reconstruct, and remove at any time and from time
Fasement City of Rohnert Park- 4- 27- 07.doc
to time, Grantee's telephone systems, electrical systems and communications systems (hereinafter
referred to as "systems "), consisting of wires, pipes, cables, conduit, vaults, manholes, hndholes,
and concrete pads and other appurtenant fixtures and equipment.
4. The rights, covenants and obligations contained herein shall be binding on and shall
inure to the benefit of the parties and their respective heirs, successors, assigns, tenants, subtenants,
mortgagees and Grantees. Grantees' rights hereunder shall lapse and this Easement shall become
null and void in the event Grantee does not use the Easement Tract for a period of one year.
5. Upon the approval of Grantor, Grantee, and its contractors, agents and employees,
shall have the right to trim or cut tree roots as may endanger or interfere with said systems. Grantee
shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that Grantor has reviewed and approved of
any proposed excavation on said property of the Grantor, and that Grantee shall replace the earth so
removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
The parties have executed this Easement as of the day and year first above written.
OWNER
City of Rohnert Park
By:
Name:
Title:
SPRINT
Sprint Spectrum, L.P.
a Delaware limited partnership
By:
Name:
Title:
ACKNOWLEDGMENTS ATTACHED
Easement City of Rotuieit Park- 4- 27- 07.doc
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of , 2007, before me, ,
a Notary Public in and for said State and County, personally appeared
personally known to me (or
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.
STATE OF CALIFORNIA
COUNTY OF
ss.
}
Witness my hand and official seal
Notary Public in and for said State and County
On this day of , 2007, before me, , a
Notary Public in and for said State and County, personally appeared
_, personally known to me (or
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.
Witness my hand and official seal
Notary Public in and for said State and County
EXHIBIT A
TO
EASEMENT
LEGAL DESCRIPTION OF PROPERTY
Site Name: Benicia Park Site Number: SF62XC903A
Description of Grantor's Property:
The real property in the City of Rohnert Park, County of Sonoma, State of California, Assessor's
Parcel Number 143 -160 -008, described as follows:
BEGINNING at the Northeasterly corner of Lot 3 in Block 2 of Subdivision 3, Unit B, as recorded in
Book 35 of Maps, pages 1, 2 and 3, Official Records of Sonoma County; thence North 25° 39' 10"
West, 89.50 feet; thence North 64° 20' 50" East, 882.19 feet; thence South 75° 14' 21" East, 70.00
feet; thence from a tangent bearing South 14° 45' 39" West, around a curve to the left with a radius of
225.00 feet, through a central angle of 40° 24' 49" a distance of 158.70 feet; thence South 25° 39' 10"
East, 108.73 feet; thence South 64° 20' 50" West, 830.05 feet to the Northeasterly corner of Lot 1 in
Block 5 of the aforementioned Subdivision No. 3, Unit B; thence along the northwesterly line of said
Lot 1, South 41 ° 49' 25" West, 100.00 feet to the northeasterly right of way lines of Santa Barbara
Drive; thence 35" West, around a curve to the left with a radius of 475.00 feet, through a central angle
of 3° 45' 15" a distance of 31.26 feet; thence North 51' 56' 50" West, 31.95 feet; thence around a
curve to the left with a radius of 175.00 feet, through a central angle of 23° 52' a length of 72.90 feet
to the most southerly corner of Lot 3, Block 2, of Subdivision 3, Unit B; thence North 14° 11' 10"
East along the easterly line of said Lot 3, 175.62 feet to the point of beginning. Containing 6.56 acres.
A.P. 143 -16 -8
code area 7 -04
EXHIBIT "B"
NON- EXCLUSIVE 5 FOOT WIDE UTILITY EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ROHNERT PARK,
COUNTY OF SONOMA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A STRIP OF LAND BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED,
RECORDED IN BOOK 2113 OFFICIAL RECORDS, PAGE 598 (APN 143- 16 -8), FROM
REDWOOD EMPIRE TITLE COMPANY TO THE CITY OF ROHNERT PARK RECREATION
CORPORATION, A NONPROFIT CORPORATION, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHERLY MOST CORNER OF SAID PARCEL OF LAND (2113 OR
598), SAID SOUTHERLY MOST CORNER ALSO BEING A POINT ON THE NORTHEASTERLY
RIGHT OF WAY OF SANTA BARBARA DRIVE;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE FROM A TANGENT BEARING
NORTH 48'14'48" WEST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 475.00
FEET, THROUGH A CENTRAL ANGLE OF 3'45'15 ", A DISTANCE OF 31.12 FEET;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY, NORTH 52'00'03" EAST 31.95 FEET
TO A POINT ON THE BEGINNING OF A TANGENT CURVE TO THE LEFT, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY FROM SAID POINT OF BEGINNING, ALONG SAID CURVE WITH A
RADIUS OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 1'55'16 ", AN ARC
DISTANCE OF 5.87 FEET;
THENCE LEAVING SAID RIGHT OF WAY, NORTH 68'35'44" EAST, 11.25 FEET;
THENCE NORTH 77'03'57" EAST, 28.53 FEET; ??,OFESS
THENCE NORTH 64'27'06" EAST, 48.44 FEET; �p �� K. L fk 9(
THENCE NORTH 72'37'59" EAST, 99.60 FEET;
THENCE NORTH 67'31'15" EAST, 19.79 FEET;
THENCE NORTH 55'17'57" EAST, 21.60 FEET; Na. C33249 rn
THENCE NORTH 60'38'04" EAST, 118.50 FEET; EXP - 30/ -06
THENCE NORTH 56'11'10" EAST, 18.30 FEET; !`
THENCE SOUTH 6452'35" EAST, 5.84 FEET; �T�Tf Ovt\, \
THENCE SOUTH 56"11'10" WEST, 21.51 FEET, rcl
THENCE SOUTH 60'38'04" WEST, 109.78 FEET TO A POINT ON THE SOUTHERLY LINE
OF SAID GRANT DEED (2113 OR 598);
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE, SOUTH 64'17'37" WEST,
70.06 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 72'37'59" WEST, 80.01 FEET;
THENCE SOUTH 64'27'06" WEST, 48.63 FEET;
THENCE SOUTH 77'03'57" WEST, 28.71 FEET;
THENCE SOUTH 68'35'44" WEST, 7.81 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,684 SQUARE FEET, MORE OR LESS.
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AREA TO BE ACQ11,11RED FROM
ADJACENT PROPERTY UNDER
SEPERA,r INSTRUMENT
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LINE TABLE
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INE I LENGTH REARING
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L7
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S7703'57"W
L8
7.811
S68'35'44"W
EXHIBIT "B"
SCALE:/
CALE: I " = 4,03'
SPRINT PCS
SITE SF62XC903-A
"BEM"CIA PARK"
ROHNERT PARK, CA 94928
----- ----- . . .......... ..... ...........
SCIALE:
DA 71 E:
1 F3 /06
DRAWN BY:
RBP
SHEET
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