2013/09/24 City Council Resolution 2013-133RESOLUTION NO. 2013 -133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING EXECUTION OF AN AGREEMENT FOR ACQUISITION OF RIGHT -
OF -WAY, PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT WITH SONOMA MEDIA INVESTMENTS, LLC AND AUTHORIZING
ACCEPTANCE OF RIGHT OF WAY AND EASEMENTS
(APN 143 - 040 -111)
WHEREAS, the improvements necessary for the extension of Dowdell Avenue to
Business Park Drive ( "Dowdell Improvements ") are called for in the City's Stadium Area Master
Plan and are one of the improvements listed within the City's adopted Public Facilities Financing
Plan (RMPC Chapter 3.28 as implemented by Ordinance No. 715 and City Council Resolution
No. 2011 -112).
WHEREAS, as part of the City's process of adopting the Stadium Area Master Plan, the
Dowdell Improvements were found by the City Planning Commission to be consistent with the
City's General Plan.
WHEREAS, The Spanos Corporation ( "Developer ") owns property located on Dowdell
Avenue northerly of Carlson Court identified as Sonoma County APN 143- 040 -125 ( "Fiori
Estates Property ").
WHEREAS, Developer has agreed to design and construct the Dowdell Improvements
on both the on -site and off -site portions of the Fiori Estates Property in exchange for facility fee
credits from the City that would otherwise be covered by the Public Facilities Fee assessed to the
Fiori Estates apartment project pursuant to Public Facilities Financing Plan.
WHEREAS, Sonoma Media Investments, LLC owns certain property located at 5500
Redwood Drive (APN 143- 040 -111) a portion of which property is needed to construct the
Dowdell Improvements.
WHEREAS, the City has negotiated a Right -of -Way, Public Utility Easement and
Temporary Construction Easement that are needed from Sonoma Media Investments, LLC to
construct a. portion of the Dowdell Improvements which has been documented in the Agreement
with Sonoma Media Investments, LLC for Acquisition of Right -of -Way, Public Utility Easement
and Temporary Construction Easement ( "Agreement ").
WHEREAS, the Temporary Construction Easement requires that it be countersigned by
the City due to City representations contained therein.
WHEREAS, the Agreement requires that an escrow be opened to facilitate the
conveyance of the Right -of -Way, Public Utility Easement and Temporary Construction
Easement.
WHEREAS, the Right -of -Way, Public Utility Easement and Temporary Construction
Easement each includes a certificate of acceptance that must be accepted by the City.
WHEREAS, the City desires to enter into the Agreement as well as accept the Right -of-
Way and Easements consistent with the Dowdell Improvements.
WHEREAS, all environmental review required under the California Environmental
Quality Act ( "CEQA ") has been done for the design and construction of the Dowdell
Improvements as the Dowdell Improvements were previously analyzed by the City as part of the
Final Environmental Impact Report that was prepared for the Stadium Area Master Plan
[Resolution No. 2008 -86; Stadium Area Master Plan Clearinghouse No. 12005042111].
WHEREAS, neither the obligation to conduct additional environmental review nor the
statute of limitations on that prior action is re- triggered by execution of the Agreement or
acceptance of the Right of Way and easements for design and construction of the Dowdell
Improvements.
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. Approval of Agreement for Right -of -Way Public Utility Easement and Temporary
Construction Easement. The City Council of the City of Rohnert Park hereby approves the
Agreement for Acquisition of Right -of -Way, Public Utility Easement and Temporary
Construction Easement with Sonoma Media Investments, LLC, as provided for in Exhibit A
hereto which is incorporated by this reference, for property interests located along Dowdell
Avenue within Assessor Parcel Number APN 143 - 040 -111, and the Mayor is hereby authorized
to execute said Agreement on behalf of the City.
Section 2. Execution of Temporary Construction Easement. The City Manager is hereby
authorized to execute the Temporary Construction Easement on behalf of the City and deposit
same into escrow, in substantially similar form as provided for in the Exhibit "B" hereto, which
is incorporated by this reference, for and on behalf of the City of Rohnert Park.
Section 3. Acceptance of Easements. The City Council hereby accepts the Right -of -Way, Public
Utility Easement and Temporary Construction Easement contained in the Agreement conditioned
upon the close of escrow and hereby authorizes recording and filing of the Certificates of
Acceptance for said Right -of -Way and Easements.
Section 4. Section 65402 Compliance. The Right -of -Way, Public Utility Easement and
Temporary Construction Easement necessary for Dowdell Improvements are consistent with the
City's General Plan.
Section 5. Escrow Authorization. The City Manager is hereby authorized and directed to
facilitate the opening of escrow in the manner set forth in said Agreement. The City Manager is
further hereby authorized to execute and deposit into escrow the certificates of acceptance
accompanying the Right -of -Way, Public Utility Easement and Temporary Construction
Easement, in substantially similar form as provided for in the Exhibit "B" hereto, which is
incorporated by this reference, for and on behalf of the City of Rohnert Park.
2013 -133
Page 2 of 3
Section 6. 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 Right -
of -Way, Public Utility Easement and Temporary Construction Easement in the office of the
Recorder of the Sonoma County, State of California for and on behalf of the City of Rohnert Park
in the event that escrow closes in regard to the Agreement for Acquisition of Right -of -Way,
Public Utility Easement and Temporary Construction Easement.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 24th day of September 2013.
Hf CITY OF ROHN PARK
Yrl�
Pam Stf rd, Mayor
ATTEST:
p n y �
JrAnne Bu�ergler, City Clef �t
Attachments:
Exhibit A Agreement for Acquisition of Right -of -Way, Public Utility Easement and Temporary
Construction Easement with Exhibits (legal descriptions, plat maps and Right -of-
Way, Public Utility Easement and Temporary Construction Easement).
Exhibit B Right -of -Way, Public Utility Easement and Temporary Construction Easement for
APN 143- 040 -111.
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2013 -133
Page 3 of 3
EXHIBIT A
TO
SONOMA MEDIA
RESOLUTION
AGREEMENT FOR
ACQUISITION OF RIGHT -OF -WAY, PUBLIC UTILITY EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
(INCLUDING ESCROW INSTRUCTIONS)
This AGREEMENT FOR ACQUISITION OF RIGHT -OF -WAY, PUBLIC UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT (this "Agreement') is
made and entered into as of ;2013, by and between SONOMA MEDIA
INVESTMENTS, LLC, a California limited liability company ( "Sonoma Media ") and the CITY
OF ROHNERT PARK, a California municipal corporation (the "City "). Sonoma Media and the
City may collectively be referred to as the "Parties."
RECITALS
A. Sonoma Media is the owner of the property located on Business Park Drive,
identified by the Sonoma County Assessor by Assessor's Parcel Number 143 -040 -111, Rohnert
Park, California ( "Greater Parcel ").
13. The Parties mutually desire for City to extend Dowdell Avenue to serve the
Greater Parcel and other properties in the Stadium. Lands Development Area, Wilfred Dowdell
Specific Plan Development Area and Northwest Specific Plan Development Area and provide
street frontage improvements, including curb, gutter, sidewalk, limited landscaping and lighting
(the "Project ").
C. In order to proceed with the Project, City will need to acquire from Sonoma
Media (i) a permanent right -of -way interest in the approximately 0.68 -acre (29,660 square foot)
portion of the Greater Parcel more specifically described on Exhibit A (the "Right of Way "), (ii)
an approximately 3,766 square -foot public utility easement ("Public Utility Easement') of
approximately five feet in width in, under, along and across the portion of the Sonoma Media
Remainder Property, as defined below, adjacent to the Right of Way, as more specifically
described in Exhibit B ( "Public Utility Easement Area ") and (iii) an approximately 7,545
square -foot temporary construction easement ( "Temporary Construction Easement ") of
approximately ten feet in width in, under, along and across the portion of the Sonoma Media
Remainder Property, as defined below, adjacent to the Right of Way, as more specifically
described in Exhibit C ("Temporary Construction Easement Area "). The portion of the
Greater Parcel that will be retained by Sonoma Media after the conveyance of the Right of Way,
Public Utility Easement and Temporary Construction Easement to City shall be referred to
herein as the "Sonoma Media Remainder Property." The Parties anticipate that the Project
will increase the value of the Sonoma Media Remainder Property.
D. Sonoma Media desires assurance that the City will assume responsibility for all
costs of constructing the Project, including any required environmental mitigation under the
United States Endangered Species Act or other laws, orders, rules and regulations pertaining to
the protection of natural resources and endangered species.
LA #4840- 4588 -1621 v3
=1-
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and other valuable consideration, the Parties hereby agree as follows:
1. Incorporation of Recitals. Each of the Recitals set forth above is incorporated
herein by this reference.
2. Conveyance of Rijzht of Way, Public Utility Easement and Temporary
Construction Easement; Pam. Sonoma Media agrees to convey to the City, and the City
agrees to acquire from Sonoma Media, the Right of Way, Public Utility Easement and
Temporary Construction Easement (collectively, the "Property "), on the terms and conditions
set forth herein.
2.1 Purchase and Sale:. Settlement of All Claims. For valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Sonoma Media agrees to sell the
Property to City and settle all related claims, including but not limited to, compensation for the
Property and compensation for all damages of every kind and nature suffered, or to be suffered,
by reason of the acquisition of the Property and construction of the Project for which the
Property is being acquired (including but not limited to those claims referenced in Paragraph 14
of this Agreement); and City agrees to purchase the Property from Sonoma Media, and settle all
related claims (including but not limited to those claims referenced in Paragraph 14 of this
Agreement), upon the terms and conditions herein set forth.
2.2 Compensation. The total all - inclusive fair and just compensation for
City's acquisition of the Property, as well as for all damages of every kind and nature suffered,
or to be suffered, by reason of the acquisition of the Property and construction of the Project for
which the Property is being acquired, shall be TWELVE THOUSAND THREE HUNDRED
SIXTY SIX DOLLARS And No Cents ($12,366.00) (hereinafter, the "Compensation ").
23 Payment of Compensation. Prior to the Close of Escrow, City shall
deposit or cause to be deposited with Escrow Agent, in cash or by a certified or bank cashier's
check made payable to Escrow Agent or a confirmed wire transfer of funds, the Compensation.
2.4 No Relocation_. Sonoma Media acknowledges and agrees that that neither
City's acquisition of the Property nor the construction and use of the Project have caused or will
cause Sonoma Media to be a "displaced person" as that term is used in California's Relocation
Assistance Act (Gov. Code §§ 7260 et seq.), California regulations (Title 25 of California's Code
of Regulations), the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. §§ 4601 - 4655), federal regulations (49 C.F.R. Part 24) and City's Relocation
Guidelines. As such, Sonoma Media, on behalf of itself and its parent, sister and/or related
corporation(s) or company(ies), affiliates, divisions, subsidiaries, predecessors, successors, and
each of them, releases and discharges City, and any and all of City's employees, agents, officers,
servants, representatives, contractors, attorneys and assigns, from any and all liability,
responsibility or obligation to provide relocation benefits and assistance of any kind whatsoever
arising out of or in any way relating to any claim for relocation assistance and compensation
under applicable provisions of, inter alia, the Uniform Relocation Assistance and Real Property
LA #14840 -4588 -1621 v3 -2-
Acquisition Policies Act (42 U.S.C. §§ 4601 et seq.), California's Relocation Assistance Act
(Gov. Code §§ 7260 et seq.), California regulations, federal regulations and City relocation
guidelines resulting from the City's acquisition of the Property and the construction and use of
the Project. This paragraph shall survive the Close of Escrow.
3. Condition of Title. Subject to the fulfillment of the Conditions Precedent
described in Section 11 below, at Close of Escrow, Sonoma Media shall grant to the City the
Right of Way and Public Utility Easement by Grant Deed and Public Utility Easement in the
form attached as Exhibit ( "Grant Deed and Public Utility Easement ") and the Temporary
Construction Easement by Easement Deed in the form attached as Exhibit E ( "Temporary
Construction Easement "), free and clear of all recorded and unrecorded liens, encumbrances,
assessments, other property, leases, taxes, and exceptions to title, except (i) County and City
taxes not yet due and payable; and (ii) such other exceptions of which the City may indicate in
writing its acceptance prior to Close of Escrow; and (iii) matters created by, through, or under
the City (collectively, the "Permitted Exceptions "). Escrow Agent shall at Close of Escrow
provide the City with a standard CLTA or ALTA (as the City may request in its sole discretion)
policy of title insurance in the amount of $127,000 issued by the title company, together with any
endorsements reasonably requested by the City, showing the Property vested in City, subject
only to the Permitted Exceptions set forth above and the printed exceptions and stipulations in
the policy. The City shall pay the title policy premium. The term "Close of Escrow," if and
where written in this Agreement, shall be deemed to have occurred on the date the Grant Deed
and Public Utility Easement and Easement Deed and other necessary instruments of conveyance
are recorded in the office of the Sonoma County Recorder. If Sonoma Media is unable to deliver
the Right of Way, Public Utility Easement and Temporary Construction Easement in the
condition described herein, this Agreement may be terminated by the City and neither party shall
have any liability to the other with respect to the subject matter hereof. Recordation of
instruments delivered through this Escrow is authorized, if necessary or proper in the issuance of
the policy of title insurance.
4: Inspections.
4.1 Within 10 calendar days after the Opening of Escrow, Sonoma Media
shall make available to City copies of the following items, if any, in Sonoma Media' possession
applicable to the Property (collectively, the "Property Documents "): (a) all land and engineering
surveys; (b) all soil tests and environment reports; (c) all traffic studies; (d) all building or site
plans; and (e) all correspondence from any government authority. City shall pay the cost of
copying such information and any other reasonable charges assessed by third parties to inspect or
gain access to such information. If any of the foregoing items are not available during the 10 day
time period specified above but become available prior to the Closing Date, Sonoma Media shall
promptly provide them to City. Sonoma Media shall also provide all other information
concerning the Greater Parcel as City may reasonably request. City acknowledges and agrees
that the Property Documents are provided for informational purposes only and without
representation or warranty of any kind or nature regarding their significance, accuracy or
completeness.
LA #4840 - 4`88 -I621 v3 -3-
4.2 During the period commencing on the Opening of Escrow and, except as
provided below with respect to a Phase 11 environmental analysis, terminating on and including
30 days following the Opening of Escrow (the "Feasibility Period "), City may undertake at City's
expense an inspection, investigation and review of the Property, including, but not limited to, the
suitability of the Property for City's intended use, the physical condition of the Property, an
inspection and examination of soils, environmental factors, including testing, geotechnical
factors, and Hazardous Materials, if any, relating to the Property. In the event City reasonably
determines that a Phase II environmental analysis is required, City may, at its sole cost and
expense, conduct such Phase 11 analysis, and the termination of the Feasibility Period with
respect to such Phase I1 analysis only will be extended for an additional 30 days. .If City
disapproves of any of the results of its inspection, investigation and review, City shall have the
right to terminate this Agreement by giving written notice of termination to Sonoma Media
within 5 days following the end of the Feasibility Period (or within 5 days following the end of
the Feasibility Period as extended with respect to a Phase II environmental analysis). Upon any
termination of this Agreement pursuant to the terms of this Section 6.2, both City and Sonoma
Media shall be relieved of all further obligation and liability to each other under this Agreement,
except for such as have accrued prior to the date of termination, and all the funds and documents
deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by
Escrow Agent to the depositing party.
4.3 Access to the Property during the Feasibility Period shall be given to City
and its authorized representatives upon 1 business day's prior notice to Sonoma Media. Any
environmental investigation of the Property beyond a so- called "Phase 1 Site Assessment" must
first be approved by Sonoma Media in writing, which approval shall not be unreasonably
withheld or delayed. Sonoma Media' approval may be conditioned on City providing Sonoma
Media with split samples from any environmental investigation. The plans for any inspection
requiring; any physical penetration of the surface or subsurface of the Property must first be
delivered to and approved by Sonoma Media, which approval shall not be unreasonably withheld
or delayed, and following the completion of any such inspection City shall promptly restore the
Property to its prior condition. City agrees to indemnify, protect and defend Sonoma Media
against and hold Sonoma Media harmless from all losses, costs, damages, liabilities, liens and
expenses, including reasonable attorney fees, arising in connection with City's or its authorized
representatives' inspection, investigation or review of the Property. Such indemnification
obligation shall survive any termination of this Agreement.
5. Escrow. The City and Sonoma Media will open an escrow for the conveyances
described in this Agreement ( "Escrow ") at Stewart Title of California, Inc., 2850 Cordelia Road,
Suite 100, Fairfield, CA 94534, attn. Sandy Veveiros ( "Escrow Agent "). This Agreement,
together with any supplementary escrow instructions prepared by Escrow Agent and executed by
the City and Sonoma Media, constitutes the joint escrow instructions of the City and Sonoma
Media, and Escrow Agent to whom these instructions are delivered is hereby empowered to act
under this Agreement. The Parties agree to do all acts necessary to close this Escrow in the
shortest possible time.
5.1 Documents. Prior to Close of Escrow Sonoma Media shall execute,
acknowledge and deliver into Escrow the Grant Deed and Public Utility Easement and
Temporary Construction Easement. Certificates of Acceptance, prepared pursuant to the
LA #4840 - 4588 -1621 v3 .Ll_
requirernents of California Government Code Section 27281 ("Certificates of Acceptance ")
shall be executed, acknowledged and delivered into Escrow by the City on or before Close of
Escrow. The City and Sonoma Media agree to deposit with Escrow Agent any additional
instruments as may be necessary to complete this transaction.
5.2 Escrow Account. All funds received in the Escrow shall be deposited with
other escrow funds in a general escrow account(s) and may be transferred to any other escrow
trust account in any state or national bank doing business in the State of California. All
disbursements shall be made by check from such account.
6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:
6.1 Pay and Charge the City. Pay and charge the City for any Escrow fees,
recording fees, title insurance premium and any endorsements thereto, and other costs and
expenses of Escrow payable under Section 9, below.
6.2 Disbursement; Recordation and Delivery of Documents. Disburse funds;
record the Grant Deed and Public Utility Easement and Temporary Construction Easement in
that order; deliver the title policy to the City; and deliver conformed copies of the Grant Deed
and Public Utility Easement, Temporary Construction Easement when conditions of the Escrow
have been fulfilled by the City and Sonoma Media.
7. Time Limits. All time limits within which any matter specified is to be performed
may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any
instructions must be in writing.
8. Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS
AND, EXCEPT AS OTHERWISE PROVIDED BELOW, ESCROW IS TO CLOSE 60 DAYS
AFTER ESCROW IS OPENED AS SET FORTH IN SECTION 5 OF THIS AGREEMENT OR
AT SUCH EARLIER OR LATER TIME AS MAY BE AGREED UPON IN WRITING BY
THE CITY AND SONOMA MEDIA, UNLESS SAID DATE IS EXTENDED BY THE
MUTUAL WRITTEN AGREEMENT OF THE PARTIES. If this Escrow is not in condition to
close by such date, then any parry who has fully complied with this Agreement may, in writing,
demand the return of its money or property; provided, however, no demand for return shall be
recognized until five days after Escrow Agent shall have mailed copies of demand to the other
party at the addresses shown in the notice provisions below, and if any objections are raised
within such five -day period, Escrow Agent is authorized to hold all money, papers and
documents until instructed by a court of competent jurisdiction or mutual instructions.
9. Escrow Agent Responsibility. The responsibility of the Escrow Agent under this
Agreement is expressly limited to Sections 1 through 12 of this Agreement and to its liability
under any policy of title insurance issued in regard to this Escrow.
10. Escrow Fees, .Charges and Costs. Recording fees and all usual fees, charges, and
costs which arise in this Escrow shall be paid by the City.
11. Transfer Taxes. No transfer tax shall be due because the City is a public entity.
LA #4840 -4588 -1621 v3 �-5-
12. Conditions Precedent to Close of Escrow.
12.1 The City's Conditions Prior to Closing. The obligation of the City to
acquire the Right of Way, the Public Utility Easement and the Temporary Construction
Easement is subject to the satisfaction of the following conditions:
(a) Sonoma Media shall deliver through Escrow the executed, acknowledged
and recordable Grant Deed and Public Utility Easement and 'Temporary Construction Easement.
(b) Sonoma Media shall deliver through Escrow such other documents as are
necessary to comply with Sonoma Media' obligations under this Agreement.
(c) Sonoma Media shall not be in default of any of its obligations under the
terms of this Agreement.
(d) All of Sonoma Media' representations and warranties made as of the date
of this Agreement shall continue to be true and correct as of Close of Escrow.
(e) Escrow Agent shall have committed to deliver to the City an owner's title
insurance policy as required by Section 3 hereof.
On failure of any of the conditions set forth above, the City may terminate its obligations
under this Agreement with no further liability to Sonoma Media by giving notice to Sonoma
Media on or before the expiration of the time allowed for each condition. The City's failure to
elect to terminate its obligations shall constitute a waiver of the condition by the City.
12.2 Sonoma Media' Conditions Precedent to Closing. The obligation of
Sonoma Media to convey the Right of Way, the Public Utility Easement and the Temporary
Construction Easement is subject to the satisfaction of the following conditions:
(a) The City shall not be in default of any of its obligations under the terms of
this Agreement.
(b) The City shall have deposited with the Escrow Agent duly executed and
acknowledged Certificates of Acceptance and other documents required to close Escrow, closing
costs, and all other funds required for closing.
(c) The City shall have deposited with the Escrow Agent the Compensation.
On failure of any of the conditions set forth above, Sonoma Media may terminate its
obligations under this Agreement with no further liability to the City by giving notice to the City
on or before the expiration of the time allowed for each condition. Sonoma Media' failure to
elect to terminate its obligations shall constitute a waiver of the condition by Sonoma Media.
13. Closing Statement. Sonoma Media instructs Escrow Agent to release a copy of
Sonoma Media' closing statement to the City.
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14. Warranties, Representations, and Covenants of Sonoma Media. Sonoma Media
hereby makes the following warranties, representations, and /or covenants to the City, which shall
survive the Close of Escrow:
14.1 Pending Claims. To the best of Sonoma Media' knowledge, there are no
actions, suits, claims, legal proceedings, or any other proceedings affecting the Right of Way,
Public Utility Easement Area or Temporary Construction Easement Area or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
14.2 Encroachments. To the best of Sonoma Media' knowledge, there are no
encroachments onto the Right of Way, the Public Utility Easement and the Temporary
Construction Easement by improvements on any adjoining property, nor do any improvements
located on the Right of Way, the Public Utility Easement and the Temporary Construction
Easement encroach on other properties.
14.3 Title. Until Close of Escrow, Sonoma Media shall not intentionally do
anything; which would impair Sonoma Media' title to any of the Property.
14.4 Condition of Land. To the best of Sonoma Media' knowledge without
inquiry, there are no substances, materials or conditions on the Right of Way, Public Utility
Easement Area or Temporary Construction Easement Area that qualify as a Hazardous Material
(as defined below) or otherwise violate any Environmental Law (as defined below). For the
purposes of this Agreement, the following items have the following meanings:
(i) "Environmental Law" means any law, statute, ordinance or regulation
pertaining to health, industrial hygiene or the environment including, without limitation,
CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980)
and RCRA (Resources Conservation and Recovery Act of 1976).
(ii) "Hazardous Material" means any substance, material or waste which is
or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" or
which is or becomes similarly designated, classified or regulated, under any Environmental Law,
including asbestos, petroleum and petroleum products.
14.5 Conflict with Other Obligations. To the best of Sonoma Media'
knowledge, neither the execution of this Agreement nor the performance of the obligations
herein will conflict with, or breach any of the provisions of any bond, note, evidence of
indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or
instrument to which Sonoma Media or the Right of Way, Public Utility Easement Area or
Temporary Construction Easement Area may be bound.
14.6 Authority.. Sonoma Media is the owner of and has the full right, power,
and authority to sell, convey, and grant the Right of Way, Public Utility Easement and
Temporary Construction Easement to the City as provided herein and to carry out Sonoma
Media' obligations hereunder. Each party executing this Agreement on behalf of Sonoma Media
represents and warrants that such person is duly and validly authorized to do so on behalf of
Sonoma Media.
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14.7 Bankruptcy. Neither Sonoma Media nor any related entity is the subject
of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Sonoma
Media to be able to transfer the Right of Way, Public Utility Easement and Temporary
Construction Easement as provided herein.
14.8 Governmental Compliance. To the best of Sonoma Media' knowledge,
Sonoma Media has not received any notice from any governmental agency or authority alleging
that the Right of Way, Public Utility Easement Area or Temporary Construction Easement Area
is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its
use and operation. If any such notice or notices are received by Sonoma Media following the
date this Agreement is signed by the City, Sonoma Media shall notify the City within ten days of
receipt of such notice. Sonoma Media then, at its option, may either elect to perform the work or
take the :necessary corrective action prior to Close of Escrow or refuse to do so, in which case
Sonoma Media shall notify the City of such refusal and the City shall be entitled to either close
Escrow with knowledge of such notice(s) or terminate this Agreement.
14.9 No Tenancies. There are no leases, tenancies, sublease or any other forms
of occupancy agreements granting any other party a possessory interest in the Right of Way,
Public Utility Easement Area or Temporary Construction Easement Area. Sonoma Media
acknowledges that the City is relying on Sonoma Media' representation and warranty herein. In
the event that this representation is untrue, then without limiting the City's recourse for Sonoma
Media' breach, if such other tenants or occupants shall be entitled to relocation or other benefits,
Sonoma Media shall have the sole and exclusive responsibility for providing all such benefits
and paying all costs required to comply with all applicable federal and state laws, rules, and
regulations and satisfying all claims of such parties. Sonoma Media hereby agrees to indemnify,
defend, protect and hold the Released Parties harmless from and against any claims asserted
against or sustained by the Released Parties arising from its breach of this representation.
14.10 Change of Situation. Until Close of Escrow, Sonoma Media shall, upon
learning of any fact or condition which would cause any of the warranties and representations in
this Section 13 not to be true as of the Conveyance, immediately give written notice of such fact
or condition to the City.
15. Waiver of Property Rights and Interests. Sonoma Media for itself and for its
agents, successors and assigns fully releases, acquits and discharges the City and its officers,
officials;, council members, employees, attorneys, accountants, other professionals, insurers, and
agents, and all entities, boards, commissions, and bodies related to any of them (collectively, the
"Released Parties ") from all claims that Sonoma Media and its agents, successors and assigns
has or may have against the Released Parties arising out of or related to City's acquisition of the
Right of Way, Public Utility Easement and Temporary Construction Easement, including,
without limitation, all of Sonoma Media' property rights and interests therein, including but not
limited to (i) any improvements, including improvements pertaining to the realty, furniture,
fixture, and equipment, (ii) business goodwill, (iii) lost income (past or future); (iv) relocation
benefits, (v) severance damages, if any, (vi) economic or consequential damages,
(vii) professional consultant fees and attorney's fees and costs, (viii) precondemnation damages,
(ix) any right to repurchase, leaseback from City, or receive any financial gain from, the sale of
any portion of the Property; (x) any right to enforce obligation(s) placed upon City pursuant to
LA #4840-4:588-1621 v3 -8-
Code of Civil Procedure sections 1245.245 and 1263.615; (xi) any rights conferred upon Sonoma
Media pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and
(xii) all other costs, and any and all compensable interests, and /or damages, and /or claims, of any
kind and nature, claimed or to be claimed, suffered or to be suffered, by Sonoma Media, its
agents, successors and assigns by reason of the City's acquisition of the Right of Way, Public
Utility Easement and Temporary Construction .Easement, provided that nothing herein shall
release claims of Sonoma Media for any liability resulting from the City's breach of any
agreement, warranty, or covenant for which it is responsible under this Agreement. This waiver
does not apply to any claims for damage or injury to any person or property arising from the
construction of the Project due to the negligence or willful misconduct of the City's agents or
contractors constructing the Project. This paragraph shall survive the Close of Escrow.
16. Waiver of Civil Code Section 1542. Sonoma Media, on behalf of itself and its
agents, successors and assigns, expressly waives all rights under Section 1542 of the Civil Code
of the State of California ( "Section 1542 "), or any other federal or state statutory rights or rules,
or principles of common law or equity, or those of any jurisdiction, government, or political
subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision ").
Thus, Sonoma Media and its agents, successors and assigns, and any business, enterprise, or
venture in which they are involved, may not invoke the benefits of Section 1542 or any Similar
Provision in order to prosecute or assert in any manner the matters released in Section 14 above.
Section 11542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
City's Initials:
Sonoma Media' Initials:
17. Environmental Costs. The City shall be responsible for al„ costs of constructing
the Project on the Property, including any required environmental mitigation for impacts of the
Project on the Property or the Temporary Construction Easement Area under the United States
Endangered Species Act, 16 U.S.C. § 1531 et seq., or other laws, orders, rules and regulations
pertaining to the protection of natural resources and endangered species. The City shall not be
responsible for any costs of environmental mitigation of impacts related to the future
development of the Sonoma Media Remainder Property by Sonoma Media or its successors.
18. Survival. Any warranties, representations, promises, covenants, agreements, and
indemnifications that this Agreement does not require to be fully performed prior to Close of
Escrow shall survive Close of Escrow and shall be fully enforceable after Close of Escrow in
accordance with their terms.
19. Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by the City and Sonoma Media shall be deemed both a covenant and a condition and
LA #4840 -4588 -1621 v3 -9-
shall be a material consideration for Sonoma Media' and the City's performance hereunder, as
appropriate, and any breach thereof by the City or Sonoma Media shall be deemed a material
default hereunder. Either party may specifically and expressly waive in writing any portion of
this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing
waiver of a preceding or succeeding breach of the same or any other provision. A waiving party
may at any time thereafter require further compliance by the other party with any breach or
provision so waived. The consent by one party to any act by the other for which such consent
was required shall not be deemed to imply consent or waiver of the necessity of obtaining such
consent for the same or any similar acts in the future. No waiver or consent shall be implied
from silence or any failure of a party to act, except as otherwise specified in this Agreement. All
rights, remedies, undertakings, obligations, options, covenants, conditions and agreements
contained in this Agreement shall be cumulative and no one of them shall be exclusive of any
other. Except as otherwise specified herein, either party hereto may pursue any one or more of
its rights, options or remedies hereunder or may seek damages or specific performance in the
event of the other party's breach hereunder, or may pursue any other remedy at law or equity,
whether or not stated in this Agreement.
20. Attorneys' Fees. In the event any declaratory or other legal or equitable action is
instituted between Sonoma Media and the City in.connection with this Agreement, the prevailing
party shall be entitled to recover from the losing party all of its costs and expenses, including
court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any
appeal or in collection of any judgment.
21. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by reputable overnight courier, or sent
by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed
received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the
person to receive such notice; (ii) if mailed, three business days after the date of posting by the
United States post office; or (iii) if delivered by Federal Express or other overnight courier for
next business day delivery, the next business day. Notice of change of address shall be given by
written notice in the manner described in this Section 20. Rejection or other refusal to accept or
the inability to deliver because of a change in address of which no notice was given shall be
deemed to constitute receipt of the notice, demand, request or communication sent. Unless
changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall
be as follows:
If to Sonoma Media: Sonoma Media Investments, LLC
P.O. Box 910
427 Mendocino Avenue
Santa Rosa, CA 95402
Attention: Steve Falk
Telephone: (707) 526 -8563
LA44840 -4588 -1621 v3 -10-
with a copy to: Hanson Bridgett
Wood Island
80 E. Sir Francis Drake Blvd., Suite 3E
Larkspur, CA 94939
Attention: Douglas Bosco
Telephone: (707) 696 -9345
If to the City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attention: City Engineer
Telephone: (707) 588 -2226
with a copy to: Burke, Williams & Sorensen, LLP
1901 Harrison Street, 9th Floor
Oakland, CA 94612 -3501
Attention: Rafael Mandelman
Telephone: (510) 273 -8780
22. Default. Failure or delay by either party to perform any covenant, condition or
provision of this Agreement within the time provided herein constitutes a default under this
Agreement. The injured party shall give written notice of default to the party in default,
specifying the default complained of The defaulting party shall immediately commence to cure
such default and shall diligently complete such cure within ten (10) days from the date of the
notice. The injured party shall have the right to terminate this Agreement by written notice to the
other party in the event of a default which is not cured within such ten -day period.
23. Interpretation. In this Agreement (unless the context requires otherwise), the
masculine, feminine and neuter genders and the singular and the plural shall be deemed to
include one another, as appropriate. The words "include" and "including" shall be interpreted as
though followed by the words "without limitation." This Agreement shall be interpreted as
though jointly prepared by both parties.
24. Entire Agreement. This Agreement and its exhibits constitute the entire
agreement between the parties hereto pertaining to the subject matter hereof, and the final,
complete and exclusive expression of the terms and conditions thereof. All prior agreements,
representations, negotiations and understanding of the parties hereto, oral or written, express or
implied, are hereby superseded and merged herein.
25. Captions. The captions used herein are for convenience only and are not a part of
this Agreement and do not in any way limit or amplify the terms and provisions hereof.
2:6. Governing Law. This Agreement and the exhibits attached hereto have been
negotiated and executed in the State of California and shall be governed by and construed under
the laws of the State of California without reference to its choice of laws rules.
27. Amendments. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in writing by the City and Sonoma Media.
LA 94840-4:588-1621 v3 -11-
2.8. Counterparts. This Agreement may be executed in any number of identical
counterparts and each counterpart shall be deemed to be an original document. All executed
counterparts together shall constitute one and the same document, and any counterpart signature
pages may be detached and assembled to form a single original document. This Agreement may
be executed by signatures transmitted by facsimile, adobe acrobat or other electronic image files
and these signatures shall be valid, binding and admissible as though they were ink originals.
29. Time of Essence. Time is of the essence of each provision of this Agreement.
30. Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day, and including the last day, unless the last day
is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall
mean all holidays as specified in sections 6700 and 6701 of the California Government Code. If
any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
31. Legal Advice. Each Party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full
knowledge of any right which they may have; they have received independent legal advice from
their respective legal counsel as to the matters set forth in this Agreement, or have knowingly
chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have
freely signed this Agreement without any reliance upon any agreement, promise, statement or
representation by or on behalf of the other party, or their respective agents, employees, or
attorneys, except as specifically set forth in this Agreement, and without duress or coercion,
whether economic or otherwise.
32. Cooperation. Each Party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement.
33. Conveyance Not a Subdivision of Land. The Parties agree and acknowledge that
the transfer of the Right of Way, Public Utility Easement and Temporary Construction Easement
to the City shall not be considered a division of land under California Government Code section
66428(a)(2).
34. Effective Date. This Agreement shall become effective upon the full execution
by the Parties (the "Effective Date ").
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
[SIGNATURES ONFOLL0WING PAGE]
LA #4840- 4588 -I621 v3 -12-
SONOMA MEDIA:
SONOMA MEDIA, INVESTMENTS, LLC, a
California limited liability company
By:
Name:
Its:
CITY:
CITY OF ROHNERT PARK, a
California municipal corporation
1. Pam Stafford, Mayor
ATTEST:
By: .
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon,
City Attorney
LA #4840 -4588 -1621 v3 -13-
Munn
LEGAL DESCRIPTION OF THE PROPERTY
Lying within the City of Rohnert Park, County of Sonoma, State of California and being a
portion of Lot 2 as shown on City of Rohnert Park Parcel Map Number 163, filed in Book 679 of
Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly described as
follows:
Right of Way Dedication
Being all of said Lot 2 lying westerly of the following described line;
Beginning at a %" iron pipe tagged PLS 7935 marking the northeast corner of Dowdell Avenue
Extension, also being the northwest corner of Lot 4 as shown on Parcel Map Number 180, filed
in Book 736 Maps, Page 30 through 32, Sonoma County Records, and from which a %2" iron
pipe tagged PLS 6149 marking the northeast corner of Lot 4 of said Parcel Map bears North
89 °58'40" East 282.35 feet; thence northerly, along a curve to the right, being tangent to the
easterly :right of way line of said Dowdell Avenue Extension, from a tangent which bears North
01 °03'25" East, as shown on said Parcel Map Number 180, through a central angle of
14 °42'20 ", with a radius of 466.00 feet, for an are length of 119.60 feet; thence along a curve to
the left, through a central angle of 14 °42'20 ", with a radius of 888.00 feet, for an arc length of
227.92 feet; thence North 01 °03'25" East 374.79 feet; thence North 56 °38'41" East 30.08 feet to
the common line between Business Park Drive and said Lot 2 and being the point of terminus of
the herein described line.
Containing 0.68 Acres more or less.
Being a -portion of APN 143 - 040 -111
Basis of Bearings: North 89 °58'40" East between found %2" iron pipes along the northerly line of
Lot 4 as shown on Parcel.Map Number 160, filed in Book 736 of Maps, Pages 30 and 32,
Sonoma County Records.
END OF DESCRIPTION
LA #4840- 4.588 -1621 v3
-14-
EXHIBIT B.
LEGAL DESCRIPTION OF THE
PUBLIC UTILITY EASEMENT AREA
Lying within the City of Rohnert Park, County of Sonoma, State of California and being a
portion of Lot 2 as shown on City of Rohnert Park Parcel Map Number 163, filed in Book 679 of
Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly described as
follows:
Public Utility Easement
Being a 5.00 foot wide strip of land, the westerly line of said strip being the same as the easterly
line of the above - described 0.68 acre parcel of land.
The sidelines of said 5.00 foot strip shall be lengthened or shortened so as to terminate to the
south at the southerly boundary line of said Lot 2 and to the north at the said common line
between. Business Park Drive and Lot 2.
Containing 3,766 Square Feet more or less..
Being a portion of APN 143 -040 -111
Basis of Bearings: North 89 °58'40" East between found %2" iron pipes along the northerly line of
Lot 4 as shown on Parcel Map Number 160, filed in Book 736 of Maps, Pages 30 and 32,
Sonoma County Records.
END OF DESCRIPTION
LA #48404588-1621 v3
-15-
EXHIBIT C
LEGAL DESCRIPTION OF THE
TEMPORARY CONSTRUCTION EASEMENT AREA
Lying within the City of Rohnert Park, County of Sonoma, State of California and being a
portion of Lot 2 as shown on City of Rohnert Park Parcel Map Number 163, filed in Book 679 of
Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly described as
follows:
A 10.00 foot wide strip of land, the westerly line of said strip being described as follows:
Beginning at a' /2" iron pipe tagged PLS 7935 marking the northeast corner of Dowdell Avenue,
Extension, also being the northwest corner of Lot 4 as shown on Parcel Map Number 180, filed
in Book 736 Maps, Page 30 through 32, Sonoma County Records, and from which a %2" iron
pipe tagged PLS 6149 marking the northeast corner of Lot 4 of said Parcel Map bears North
89 °58'40" East 282.35 feet; thence northerly, along a curve to the right, being tangent to the
easterly :right of way line of said Dowdell Avenue Extension, from a tangent which bears Not
01'03'25" East, as shown on said Parcel Map Number 180, through a central angle of
14 °42'21) ", with a radius of 466.00 feet, for an arc length of 119.60 feet; thence along a curve to
the left, 'through a central angle of 14 °42'20 ", with a radius of 888.00 feet, for an arc length of
227.92 feet; thence North 01 °03'25" East 374.79 feet; thence North 56 °38'41" East 30.08 feet to
the common line between Business Park Drive and said Lot 2 and being the point of terminus of
the herein described line.
Containing 7,545 Square Feet more or less.
The sidelines of said 10.00 foot wide strip shall be lengthened or shortened so as to terminate to
the south at the southerly boundary line of said Lot 2 and to the north at the said common line
between Business Park Drive and Lot 2.
Being a portion of APN 143 -040 -111
Basis of Bearings: North 89 °58'40" East between found %2" iron pipes along the northerly line of
Lot 4 as shown on Parcel Map Number 160, filed in Book 736 of Maps, Pages 30 and 32,
Sonoma County Records.
END OF DESCRIPTION
LA #4840 - 4588 -1621 v3
-16-
EXHIBIT D
GRANT DEED AND PUBLIC UTILITY EASEMENT
RECORDING REQUESTED BY:
Stewart Title of California
No recording fees due pursuant to Government
Code Section 6103
VnIEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
City of Rohnert Park
Attn: Richard F. Pedroneelli
130 Avram Ave.
Rohnert Park, CA 94928
ORDERNO, 7931 - 415930
ESCROW NO. 7903- 415930
APM 1 143- 040 -111 (portion of)
THIS LINE FOR RECORDER'S USE
GRANT DEED AND PUBLIC UTILITY EASEMENT
THE UNDERSIGNED GRANTOR(s) DECLARE(s):
DOCUMENTARY TRANSFER TAX is: No consideration R & T 11922 -Deed to a Public Agency
Cl Monument Preservation Fee is:
1x) computed on full value of property conveyed, or
El computed on full value less value of liens or encumbrances remaining at time of sale.
Cl Unincorporated area_ ® City of Rohnert Park, and
FOR A VALUABLE CONSIDERA'T'ION, receipt of which is hereby acknowledged,
Sonoma Media Investments, LLC, a California limited liability company
hereby GRANT(S) to
City of Rohgert Park, a Municipal corporation
the following described real property in the City of Rohnert Park, County of Sonoma, State of California
LEGAL DESCRIPTION ON EXHIBIT A
DATE: July 31, 2013
STATE OF CALIFORNIA
COUNTY OF _
dJn before me,
a Not@ry
Public; personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s),
whose name(s) is /are subscribed to the within instrument and acknowledged to
me that helshelthey executed the setae in his/her /choir authorized capacity(ies),
and that by hislhcr /their signaturc(s) on the instrument the person(s) or the entity
upon behalf of which the person(s) acted, cxecutcd the instrument.
I certify under PENALTY OF PEIUURY under the laws of the State of
California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature
Sonoma Media lnvestment, LLC, a California
limited liability company
BY:
BY:
MAIL TAX STATEMENTS AS DIRECTED ABOVE
LA #4840 -11588 -1621 v3
-17-
(Scal)
Exhibit "A"
Legal Description
i igllt of Way Dedication and Public Utility Easement
Lying within the City of Rohnert Park, County of Sonoma, State of California and being. a
portion of Lot 2 as shown on City of Rofnert Park Parcel Map Number 163, filed in Book
679 of Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly
described as follows:
Right of Way Dedication
Being all of said Lot 2 lying westerly of the following described line:
Beginning at a %2" iron pipe tagged PLS 7935 .marking the northeast corner of Dowdell
Avenue Extension, also being the northwest corner of Lot 4 as shown on Parcel Map
Nmnber 180, filed in Book 736 Maps, Page 30 drrough 32, Sonoma County Records, and
from which a'I" iron pipe tagged PLS 6149 marking the northeast corner of Lot 4 of said
Parcel Map bears North 89 058'40°' East 282,35 feet; thence northerly, along a curare to the
right. being tangent to the easterly right of way line of said Dowdell Avenue Extension.
from a tangent which, bears North. 01 003'25" East, as shown on said Parcel Map Number
180, through a central angle of I4 142'20 ", with a radius of 466.00 feet, for an arc length of
119.60 'feet; thence along a curve to the left; through a ce1}tred angle of 14 °42'20 ", with a
radius of 888.00 feet, for an arc length of 227.92 feet. thence North 01 °03'23" East 374.79
feet; thence North 56°38'41" East 30.08 :feet to the common line between Business Park
Drive and said Lot 2 and being the point of terminus of the herein described line.
Containing 0,68 Acres raore or less.
Public Utility Easement
Being a 5.00 foot wide strip of land, the westerly line of said strip being the same as the
easterly line of the above - described 0.68 acre parcel of land.
The sidelines of said 5.00 foot strip shall be lengthened or shortened so as to terminate to
the south at the southerly boundary live of said Lot 2 and to the north at the said common
line between Business Park Drive and Lot 2.
Containing 3,766 Square :beet more or less.
END OF DESCRIPITON
1360 Nonni Dutton Avenue, Suite 150. Santa Kosa, CA 95401
Tel; (707) 542 -6268 Fax: (707) 542-2106
www.cinquin ipassari no.com
CPI Nn :6478.1?
Pape 3 of 2
LA #48404:588 -1621 v3
-18-
Being tiportion OfAPN 143- 040 -1I1
fasts of :Besriugs . Narth SP58,40" East between found J/_" Iron pipe$ -along the nortireriy
line oftd 4-as :*io ihi on`Parcel Map Number 166, filed in Rook 736 of Mars, Pages 30
arid. 32, Sonoma. Cotttty'Tteeords..
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LA #48404588 -1621 A
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OF C114���
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BUSIMESS
LANDS OF
CITY OF ROHNERT PARK
143- 040 -073
PCL "C"
PER 375 MAPS 11
ROHNERT BUSINESS
PARK SUBDIVISION
375 MAPS 10 -11
LOT 2
LANDS OF
C.B. PROPERTIES, INC.
143- 040 -064
DN 2006 - 078736
PARK
7 _ DRI vE _
N58'3 ` _ —
30,0$08' ,
FND. :/2" I.P. ' 6b-14'42'20"
TAGGED PLS 7935.. —' R °466'00
Ln119.60' FND. 1/2" I.P.
TAGGED PLS 6149
V — N89'S$'40`E 28235'
POINT OF BEGINNING
z
PARCEL MAP N0. 180 I � S 4 736 MAPS 30 -32
LOT 2 1: Q r� LOT 4
OWNER.,. AND PROPERTY AREAS CITY OF ROHNERT PARK
MAILING ADDRESS .
SANTA ROSH PRESS DEMOCRAT, INC. ORIGINAL PARCEL: 7.28. Ac i ROAD DEDICATION & P.U.E.
427 MENDOCINO AVE FEE PARCEL 0.68 Acres SANTA ROSA PRESS DEMOCRAT
SANTA ROSA, CA 95401
P.U.E. 3,766 S.F_t CITY OF ROHNERT PARK
A.P. Ho_ 143 -040 -117 Soo(e: 1" =100' Date: 9 7 i2
D.R. No. D.M. 1998-107531 C UISTION D O DWI APPRaVED -
O,R. oiy- R.-
LA #48404:588 -1621 v3
-20-
ifl`x
j'• r•;w
LANDS OF
?.�.
SANTA ROSA
PRESS DEMOCRAT
DN 1998 - 107531
a
143- 040 -111
PARCEL MAP NO. 163
' L „
679 MAPS 44 -45
,`o J
LOT 2
f
r�
GRAPHIC SCALE
I
FND. :/2" I.P. ' 6b-14'42'20"
TAGGED PLS 7935.. —' R °466'00
Ln119.60' FND. 1/2" I.P.
TAGGED PLS 6149
V — N89'S$'40`E 28235'
POINT OF BEGINNING
z
PARCEL MAP N0. 180 I � S 4 736 MAPS 30 -32
LOT 2 1: Q r� LOT 4
OWNER.,. AND PROPERTY AREAS CITY OF ROHNERT PARK
MAILING ADDRESS .
SANTA ROSH PRESS DEMOCRAT, INC. ORIGINAL PARCEL: 7.28. Ac i ROAD DEDICATION & P.U.E.
427 MENDOCINO AVE FEE PARCEL 0.68 Acres SANTA ROSA PRESS DEMOCRAT
SANTA ROSA, CA 95401
P.U.E. 3,766 S.F_t CITY OF ROHNERT PARK
A.P. Ho_ 143 -040 -117 Soo(e: 1" =100' Date: 9 7 i2
D.R. No. D.M. 1998-107531 C UISTION D O DWI APPRaVED -
O,R. oiy- R.-
LA #48404:588 -1621 v3
-20-
Recording Requested by
and when Recorded, return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park:, CA 94928 -2411
Attn: Richard F. Pedroncelli
EXEMPT FROM RECORDING FEES PER
GOVERNMENT
CODE §§ 6103, 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
TITLE OF DOCUMENT
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION
(Government Code §§ 6103, 27361.6)
LA #4840 - 4588 -1621 v3
-21-
Recorded at the request of:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Bivd.
Rohnert Park, CA 94928 -2411
Attn: Richard F. Pedroncelli
APN: 143 -040 -111 (portion)
5500 Redwood Drive
Stewart Title of California
Order No.: 7931- 415930
Escrow No.: 7903 - 415930
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed
by the parities hereto on or about (AGREEMENT), the undersigned, SONOMA
MEDIA INVESTMENTS, LLC, a California limited liability corporation (GRANTOR), hereby grants to the
CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION (CITY), and its successors and assigns, a
Temporary Construction Easement, over, across, under and through the real property situated in the
City of Rohnert Park, County of Sonoma, State of California, described and depicted in Exhibits A and
B attached hereto (TCE AREA) for public road construction and conformance purposes related to the
DOWDELL AVENUE EXTENSION PROJECT (PROJECT).
This Temporary Construction Easement is for a period of one (1) year, to commence upon
fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate one (1) year after
such commencement. In the event the CITY occupies the TCE Area beyond one (1) year, the CITY
shall pay GRANTOR, on a prorated month -to -month basis, an additional $0.03 per square foot per year
of use beyond the initial one -(1) year term. In no event shall this Temporary Construction Easement
extend beyond the completion of construction of the PROJECT.
The rights and obligations contained in this Grant of Temporary Construction Easement will (a)
run with the larger parcel of which the TCE AREA is a part, and burden, inure to, be for the benefit of
and be binding on said property, GRANTOR and its successors and assigns, and shall be an equitable
servitude of GRANTOR and its successors and assigns, and (b) constitute an easement in gross for
the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its
successors and assigns.
LA 44844-4588 -1621 v3
-22-
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first written above.
GRANTOR
SONOM,A MEDIA INVESTMENTS,
a California limited liability company
By: _
Print Name:
Title:
Dater
GRANTEE
CITY OF ROHNERT PARK,
a Municipal corporation
Gabriel A. Gonzalez, City Manager
Date:-
Approved as to form:
Michelle Marchetta Kenyon,
City Attorney
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.
LA #4840 -4588 -1621 v3
-23-
CITY OF ROHNERT PARK,
a municipal corporation
By:
Dated:
STATE OF CALIFORNIA
COUNTY OF
On ,. 20_, before me, (here insert name and
title of the officer), personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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
STATE OF CALIFORNIA )
COUNTY OF
(Seal)
On , 20_, before me, (here insert name and
title of the officer), personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature —
(Seal)
LA. #4840 -4588 -1621 v3
-24-
Exhibit A
TEMPORARY CONSTRUCTION EASEMENT AREA
Exhibit "A"
Legal Description
Temporary Construction Easement
Lying vaithin the City of:Rohnert Park, County of 'Sonoma, State of California and being a
portion af) ,ot 2 as.shci�yn OXt of I of Rolinett Park Parcel M:ap Number 163, filed in Book
6.79 of daps, Pages 44 a64;43;:SoiiOrna County Reccsidst said portion is more particularly
desc bed. as:fb]l6wsi
A 10.00 foot wide strip of land, the westery line of said strip being described as follows:
Beginning at a Yz" iron pipe tagged PLS 7935 marking the northeast corner of DowdelI
Aventie Extension, also being the northwest corner of Lot 4 as shown on Parcel wrap
Nurnber 180, filed in Book 736 Maps, Page 30 through 32, Sonoma County Records, and
from which a W' i ron pipe tagged PLS 6I49 marking the northeast corner of Lot 4 of said
Parcel Map bears North 89 058'40" East 282.35 feet; thence northerly, along a curve to the
right, being tangent to the easterly right of way line of said Dowdell Averiue Extension,
fzom a tangent -which bears North 01'03'25" East, as shown on said Parcel Map Number
180, through a central angle of 14 142'20 ", with a radius of 466.00 feet, for an are length of
11960 feet; thence along a curve to the left, through a central angle of 14 °42120', with a
radius of 868.00 feet, for an are length of 227.92 feet; thence North 01 003'25" East 374.79
feet; thence North 56 °38'41" East 30.08 feet to the common line between Business Park
Drive and said Lot 2 and being the point of terminus of the herein described.line.
Containing 7,545 Square Feet more or less.
The sidelines of said 10.00 foot wide strip shall be lengthened or shortened so as to
terminate to the south at the southerly boundary line of said Lot 2 and to the north at the
said coirunon line between Business Park Drive and Lot 2.
END OF DESCRIPITON
Being a portion. of APN 143 -040 -111
Basis of Bearings: North 89 °58'40" East between found 'h" iron pipes along the northerly
line of "Lot 4 as shown on Parcel Map Number 1.60, filed in Book 736 of Maps, Pages 30
and 32, Sonoma County Records.
Prepared by Cinquini & Passarino, Inc.
times M !?iekey, . _ 7935
LA #4840- 4588 -I621 v3
�y t-tuVo s -
•t.t2i -/ ate
... �oF d�v�_ • ..
1360 Noith Dutton Avenue, Snite 150, Santa Rosa, CA 95401
Tel: (707) 542 -6268 Fax: (707) 542 -2106
www.cinquffilpassarino.com
CPI No.: 6478 -12
Page 1 of t
-25-
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT AREA — DIAGRAM
BUSINESS _
LANDS OF
CITY OF ROHNERT PARK
143 -040 -073 —
PCL "C"
PER 375 MAPS 11
ROHNERT BUSINESS
PARK SUBDIVISION
375 MAPS 10 -11
LOT 2
LANDS OF
C.B. PROPERTIES, INC.
143-- 040 -064
DN 2006 - 078736
FND, 1/2" I.P.
TAGGED PLS 7935
PARCEL MAP NO. 180
LOT 2.
SANTA ROSA PRESS DEMOCRAT. INC. T.CE.
4.27 MENDOCINO AVE
SANTA RASA, CA 95401
A.P. No. 143- 64p -ttt
O.IR. No. D.N. 1998 - 1,07531
PARK _ DRIVE _
N56'38'41'E^
30.08'
rn
h
1 ;
I
z
LANDS OF
SANTA ROSA
jJ-10.00' T.C.E
PRESS DEMOCRAT
DN 1998- 107531
143 - 040 -111
Hr
i
?
f'
PARCEL MAP NO. 163
679 MAPS 44 - -45
a:
LOT 2
GRAPHIC SCA1E
F cn D
1. r� bwl4.42'20"
` R- 466.00'
L- 119.60' FIND. 1/2' I.P.
Jt TAGGED PLS 6149
N8938'40 "E 282 35'
(�POINT OF BEGINNING
}r W
WW P 736 MAPS 30 -32
x~ LOT 4
I
PROPERTY AREAS CITY OF ROHNERT PARK
7,545 S.F.t TEMPORARY CONSTRUCTION EASEMENT
SANTA ROSA PRESS OEMfOCRAT:"
TO
CITY OF RONNERS PARK
Scole: 1" =100'. .'Date:, 9/7/1,2,-.
Ift
I ON 0. D*L
CHK Ri-
LA 44840- 4588 -1621 v3
-26-
EXHIBIT B
TO
SONOMA MEDIA
RESOLUTION
GRANT DEED AND PUBLIC UTILITY EASEMENT
RECORDING REQUESTED BY:
Stewart Title of California
No recording fees due pursuant to Government
Code Section 6103
WHEN RECORDED MAIL TO
AND "NTAIL TAX STATEMENTS TO:
City of Rohnert Park
Attn: Fdchard F.Tedroncelli
130 Avram.Ave.
Rohnert Park, CA 94928
ORDERNO. 7931 - 415930
ESCROW NO. 79Q3-435930
APN. 143 -040 -111 (portion
SPACE A13OVE THIS LINE FOR RECORDER'S USE
GRANT ;DEED AND PUBLIC UTILITY EASEMENT
THE UNDERSIGNED GRANTOR(s) DECLARE(s):
DOCUMENTARY TRANSFER TAX is: No consideration R & T 11922 -Deed to a Public Agency
❑ Monument Preservation Fee is:
9 computed on full value of propertyoonveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale.
❑ Unincorporated area: 0 City of.Rohnert Park, and
FOR A VALUABLE CONSIDERA'i]bR receipt;of which is hereby acknowledged,
S000maMedia Investments, LLC, a California limited liability company
hereby GRANT(S) to
City of "Rohnert Park; a Municipal corporation
the following described teal property in the City ofRohneit Park, County of Sonoma, State of California
LEGAL. DESCRIPTION ON EXHIBIT A
DATE: July 31, 2013
STATE OF CALIFORNIA
COUNTY OF
10
Public,.personally appeared
_ before me,
Notary
, who proved to me on.the basis ofsatisfactory evidence to be the person(s);
whose names) is /are subscribed to the, within instrument and acknowledged.to
me that helshe/they executed the same in his/ber /their authorized capacity(ies),
and that by his/her/their, sigaature(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.fbmgoing paragraph B true and correct
WITNESS my hand and official sea].
Signature
Sonoma Media Investment, LLC, a California
limited liability company
BY:
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(S-0
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed dated
from , to the City of Rohnert Park, a
municipal corporation, is hereby accepted by the City Manager on behalf of the grantee pursuant
to authority conferred by Resolution No. of the City Council of the City of Rohnert
Park adopted on and the grantee consents to recordation thereof said deed.
Dated: -'20 By:
Name:
Its: City Manager
Exhibit "A"
Legal Description
Right of `'day Dedication and Public Utility Easement
Lying within the City of RoItnert Park, County of Sonoma, State of California and being a
portion of Lott as shown on City of Robnert Park Parcel Map Number 163; filed in Book
679 of Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly
described as follows:
Right of Way Dedication
Being all of said. Lot 2 _lying westerly of the follo%N ing described line:
Beginning at a `` /z ", iron pipe tagged PLS 7935 marking the northeast corner of Dowdell
Avenue Extension, also being the northwest corner of Lot. 4 as shown on Parcel Map
Number 180, tiled in Boole 736 Maps, Page 30 through 32, Sonoma. County Records, and
from which a Y" iron pipe tagged PLS 6"149 marking the northeast. comer of Lot 4 of said
Parcel Map bears Nortih. 89 °58'40" Eitsi 2.82.35 feet; thence northerly, along a cure to the
right, being tangent to the easterly` :righ( of dray line of said Dowdell Avenue. Extension,
from a tangent which !tears North 01°03'25" East, as shown on said Parcel Map Number
180, through a centl-al angle of 1=4`42'20 ", with a radius of 466.00 feet, for an arc length of
119:60 feet; thence along a. curve to the left, th ou h a central angle of 14642'20 ", with a
radius of 889.00 feet, for an aic length of y27;9z: feet; t€ once North .0l °03'')5'' .East 374.79
feet, thence North 56 °3.8'41" East 30,08. :feet. to the :cornnion line between Business Park.
Drive: and .said Lot 2 and being the point of terminus of the herein described line.
Containing 0.68 Acres more or Iess.
Public Utility Easement
Being a 5.00 foot. wide strip of Imid, the westerly line of said strip being the same as the
easterly line of the above- described 0.68 acre parcel. of land.
The sidelines of said 5.00 foot strip shall be lengthened or shortened so as to terminate to
the south at the southerly boundary line of said Lot 2 and to the north at the said common
Iine between Business Park Drive and Lot 2.
Containing 3,766 Square Peet rniwe or less.
END OF DESCRIPITON
1360 North Dutton Avenue, Suite I50. Santa Rosa, CA 05401
Tel: (707) 542 -6268 Fax: (707) 542 -2106
www.ciaquinipamrino.conn
CPC No.: 647:8 -12
PaeC 1 6f2
Beingaportion ofAPN 143 -040 -111
Basis of Bearings: North 89 °58'40" East between found V" iron pipes along the northerly
he of rot 4 as shown on Parcel Map Number 160, filed in Book 736 of Maps, Pages 30
and 32, Sonoma County Records.
Prepared lay Cinquini & Passarino. Inc. �`o�y�LLq�rOS�
M.
� � o.793;
am-es M. icicey; RLS 7 Ida2 ate
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542 -6268 Fax: (707) 542_2106
wim. citlquin ipassarino.com
CPI No_: 6178 -12
Page 2 or.2
BUSINESS
LANDS OF
CITY OF ROHNERT PARK
143 -040 -073
PCL "C" —�
PER 375 MAPS 11
ROHNERT BUSINESS
PARK SUEIDIMSION
375 MAPS 10 -11
LOT 2
LANDS OF
C.B. PROPERTIES, INC.
143- 040 -064
DIN 2006 - 078736
PARK _ IJRIVE _
N5S38'41`E^
30,08'
3:= n:
I I
:.
_N
z LANDS OF
SANTA ROSA
I
1- 5.00' P.U.E PRESS DEMOCRAT
DN 1998- 107531
143- 040 -111
�N
PARCEL MAP 110. 163
j' 679 MAPS 44 -45
LOT 2
r,. # GRAPHIC SCAU
1. inch = 100 fL
FND. 1 /2
I°
( ' 6-14'42'20"
I ; f"� -_ R= 466.00'
TAGGED PLS 7935 j
L =119.80' FND. 1/2" I.P.
TAGGED PES 6149
N89'58'40`E 282.35'
PARCEL UAP N0. 180
LOT 2
OWNER AND
MAILING ADDRESS
SANTA ROSA PRESS DEMOCRAT, INC
427 MENDOCINO AVE
SANTA ROSA. CA °5405
A.P. No. 14; -040 -111
O.R. No. D.N. !293-107531
P,
POINT OF BEGINNING
Q z
736 MAPS 30 -32
O
pQ
I I
z'—
f
LOT4 I.
1
PROPERTY AREAS
CITY OF ROHNERT PARK
ORIGINAL PARCEL_
7.28 Ac d:
ROAD DEDICATION & P.tJ.E.
FEE PARCEL
0.68 Acres
SANTA ROSA PRESS DEMOCRAT
P,U,F-
; 766 S.F,t
TO
CITY OF ROHNERT PARK
Scale: 1" =100' I Date: 9/7/12
CITY ACQUISITION DEED
0W.
APFROIAD
FILE NO.
D.R.
I
CHK.
I
R,-
Recording Requested by
and when Recorded, return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
Attn: Richard F. Pedroncelli
EXEMPT FROM RECORDING FEES PER
GOVERNMENT
CODE §§ 6103, 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
TITLE OF DOCUMENT
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION
(Government Code §§ 6103, 27361.6)
Recorded at the request of:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
Attn: Richard F. Pedroncelli
APN: 143- 040 -111 (portion)
5500 Redwood Drive
Stewart Title of California
Order No.: 7931- 415930
Escrow No.: 7903- 415930
GIRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed
by the parties hereto on or about (AGREEMENT), the undersigned, SONOMA
MEDIA INVESTMENTS, LLC, a California limited liability corporation (GRANTOR), hereby grants to the
CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION (CITY), and its successors and assigns, a
Temporary Construction Easement, over, across, under and through the real property situated in the
City of Rohnert Park, County of Sonoma, State of California, described and depicted in Exhibits A and
B attached hereto (TCE AREA) for public road construction and conformance purposes related to the
DOWDELL AVENUE EXTENSION PROJECT (PROJECT).
This Temporary Construction Easement is for a period of one (1) year, to commence upon
fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate one (1) year after
such commencement. In the event the CITY occupies the TCE Area beyond one (1) year, the CITY
shall pay GRANTOR, on a prorated month -to -month basis, an additional $0.03 per square foot per year
of use beyond the initial one -(1) year term. In no event shall this Temporary Construction Easement
extend beyond the completion of construction of the PROJECT.
The rights and obligations contained in this Grant of Temporary Construction Easement will (a)
run with the larger parcel of which the TCE AREA is a part, and burden, inure to, be for the benefit of
and be binding on said property, GRANTOR and its successors and assigns, and shall be an equitable
servitude of GRANTOR and its successors and assigns, and (b) constitute an easement in gross for
the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its
successors and assigns.
IN WITNESS WHEREOF, the duly authorized representatives of the Grantor and
Grantee have executed this Agreement as of the date first written above.
GRANTOR
SONOMA MEDIA INVESTMENTS,
a California limited liability company
By: _
Print Name:
Title:
Date:
GRANTEE
CITY OF ROHNERT PARK,
a Municipal corporation
i
Gabriel A. Gonzalez, City Manager
Date:
Approved as to form:
LIM
Michelle Marchetta Kenyon,
City Attorney
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.
CITY OF ROHNERT PARK,
a municipal corporation
In
Dated:
STATE OF CALIFORNIA
COUNTY OF
On , 20—, before me, (here insert name and
title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their- authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 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
STATE OF CALIFORNIA
COUNTY OF
(Seal)
On , 20 before me, (here insert name and
title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ (Seal)
F.xhihit A
TEMPORARY CONSTRUCTION EASEMENT AREA
Exhibit `'A"
Legal Description
Temporary Construction Easement
Lying within the City of Rohnert Park, County of Sonoma, State of California and.being a
portion of Lot 2 as shown on City of Rohnert. Park Parcel Map Number 163, filed in Book
679 of Maps, Pages 44 and 45, Sonoma County Records, said portion is more particularly
described as follows:
A 10.00 foot wide strip of land, the westery line of said strip being described as follows:
Beginning at a ' /z" iron pipe tagged PLS 7935 marling the northeast corner of Dowdell
Avenue Extension, also being the northwest corner of Lot. 4 as shown on Parcel Map
Number 180, filed in Book 736 Maps, Page 30 through 32, Sonoma County Records; and
from which a %" iron pipe tagged PLS 6149 marking the northeast corner of Lot 4 of said
Parcel Map bears North 89 °58'40" East 282.35 feet; thence northerly, along a curve to the
right, being tangent to the easterly right of way line of said Dowdell Avenue Extension,
from a tangent Which bears North 01'03'25" East, as shown on said Parcel Map Number
1810, through a_cent al angle of 14 °42'20 ", )A ith a radius of 466.00 feet, for an arc length of
119.60 feet; thence along a curve to the left, through a central angle of 14 °41'20', with a
raddus of 888.00 feet, for an arc length of 227.92 feet; thence North 01'03'25" East 374.79
feet; thence North 56 03814:1" East 30.08 feet to the common line between Business Park
Drive and said Lot 2 and being the point of terminus of the herein described line.
Containing 7,545 Square Feet more or less.
The sidelines of said 10.00 foot amide strip shall be lengthened or shortened so as to
tern):mate to fhe south at the southerly boundary line of said Lot 2 and to the north at the
said common. line bettiveen Business Park Drive and Lot 2.
END OF DESCRiPITON
Being a porriori of APN 143 - 0.40-111
Basis of Bearings: North 89'58'40' East between found %" iron pipes along the northerly
line: of Lot 4 as shown on Parcel Map Number 160, filed in Book 736 of Maps, Pages 30
and. 32, Sonoma County Records.
Prepared by Cinquin.i & Passarino, Inc. C'�p�S
a tha.7935 /2 i.G/
-Ia ies M. Dickey,- S79 5 Exp:t2 -at -lf ate
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542 -6268 Fax: (707) 542 -2106
wwv .cinquinipassariiio.com
CPI No.: 6478 -12
Page I of I
TEMPORARY CONSTRUCTION EASEMENT AREA - DIAGRAM
BUSINESS PARK DRIVE
— — — — N56138'41'E —
30.08' — — — — —
J ^• ' i
LANDS OF i 1`'
{,ITY OF ROHNERT PARK C
143PCL 0C,073 i o LANDS OF
PER 375 MAPS 11 f Z .I SANTA ROSA
I r-- 10.00' ZC:E PRESS DEMOCRAT
I DN 1998- 107531
I 143- 040 -111
rn ��
ROHNERT BUSINESS N PARCEL MAP N0, 163
PARK SUBDIVISION 1 �� 679 MAPS 44 -45
375 MAPS 10 -11 -' I LOT 2
LOT 2 J I
I� �-i
GRAPHIC SCALE
.j gym. 0 so
LANDS OF i N rJ
C.B. PROPERTIES, INC. 1 (aoh — 100 R.
143- 04:0 -064-
DN 2006 - 078736
1 I
�� X14'42'20"
FND, 1/2" I.P. R =466.00'
TAGGED PLS 7935. 4 t =119.60' FND. 1/2" I.P.
TAGGED PLS 6149
N89'58'40'E 262.35' —
k !' - ---POINT OF BEGINNING
w
PARCEL MAP NO 180 I p z 736 MAPS 30 -32
Q zz'-
LOT 2 I Q�q 1 LOT 4 I
E 1 I
OWNER AND PROPERTY AREAS CITY OF ROHNERT PARK
MAILING ADDRESS
SANTA ROSA PP.ESS DEMOCRAT, INC. T,C.E. 7.515 S.F.i_ TEMPORARY CONSTRUCTION EASEMENT
427 MENDOCINO AVE SANTA ROSA PRESS DEMOCRAT
TO
SANTA ROSA, CA 95401
CITY OF ROHNERT PARK
FA o. 143 -040 -111 Scale: 1" =100' Date: 9/7/12
o. O.N. 1$98 - 10753) CITY ACQUISITION DEED ply tPPaoVED N
o.R. a+,c R.-