2013/09/24 City Council Resolution 2013-134RESOLUTION NO. 2013 -134
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 C.B. PROPERTIES, INC. AND AUTHORIZING ACCEPTANCE OF
RIGHT OF WAY AND EASEMENTS
(APN 143 - 040 -064)
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, C.B. Properties, Inc., a California corporation, owns certain property
located along Business Park Drive (APN 143- 040 -064) 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 C.B. Properties, Inc. to construct a
portion of the Dowdell Improvements which has been documented in the Agreement with C.B.
Properties Inc. 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 C.B. Properties, 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 -064, 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 -134
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.
CI OHNE PARK
"-n. am Staf or ~ Mayor
ATTEST:
�- v 4�
JoAnne Buergler, City Cler
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 -064.
AHANOTU: W- BELFORTE: A19 MACKENZIE: P65e 'f CALLINAN: NO STAFFORD: tWf
AYES: (3 ) NOES: ( O ) ABSENT: ( Z ) ABSTAIN: ( O )
2013 -134
Page 3 of 3
EXHIBIT A
TO
C.B. PROPERTIES
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 C.B. PROPERTIES, INC.,
a California corporation ( "C.B. Properties ") and the CITY OF ROHNERT PARK, a California
municipal corporation (the "City "). C.B. Properties and the City may collectively be referred to
as the "Parties."
RECITALS
A. C.B. Properties is the owner of the property located on Business Park Drive,
identified by the Sonoma County Assessor by Assessor's Parcel Number 143- 040 -064, Rohnert
Park, California ( "Greater Parcel ").
B. 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 C.B.
Properties (i) a permanent right -of -way interest in the approximately 0.44 -acre (19,172 square
foot) portion of the Greater Parcel more specifically described on Exhibit A (the "Right of
Way "), (ii) an approximately 3,268 square -foot public utility easement ( "Public Utility
Easement") of approximately five feet in width in, under, along and across the portion of the
C.B. Properties 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
6,547 square -foot temporary construction easement (" Temporary Construction Easement") of
approximately ten feet in width in, under, along and across the portion of the C.B. Properties
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 C.B. Properties after the conveyance of the Right of Way,
Public Utility Easement and Temporary Construction Easement to City shall be referred to
herein as the "C.B. Properties Remainder Property." The Parties anticipate that the Project
will increase the value of the C.B. Properties Remainder Property.
D. C.B. Properties desires assurance that the City will assume responsibility for all
costs of constructing the Project, including any required environmental mitigation under the
United Stages Endangered Species Act or other laws, orders, rules and regulations pertaining to
the protection of natural resources and endangered species.
LA #4846- 0165 -0708 A -
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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 Right of Way, Public Utility Easement and Temporary
Construction Easement; Payment. C.B. Properties agrees to convey to the City, and the City
agrees to acquire from C.B. Properties, 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, C.B. Properties 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 C.B. Properties, 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 FIVE THOUSAND NINE HUNDRED SIX_ TY
FIVE DOLLARS And No Cents ($5,965.00) (hereinafter, the "Compensation ").
2.3 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. C.B. Properties 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 C.B. Properties 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, C.B. Properties, on behalf of itself and its parent, sister and /or related
corporation(s) or company(ies), affiliates, divisions, subsidiaries, predecessors, successors, and
each of there, 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
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LA #4846 -0165 -0708 v4
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 I I below, at Close of Escrow, C.B. Properties 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 D ( "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 $186,000 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 C.B. Properties 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, C.B. Properties
shall make available to City copies of the following items, if any, in C.B. Properties' possession
applicable -to the Property (collectively, the "Property Documents "): (a) all Iand 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, C.B. Properties shall
promptly provide them to City. C.B. Properties 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.
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4.2 During the period commencing on the Opening of Escrow and, except as
provided below with respect to a Phase II 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 II 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 tenninate this Agreement by giving written notice of termination to C.B. Properties
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 C.B.
Properties 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 C.B. Properties. Any
environmental investigation of the Property beyond a so- called "Phase 1 Site Assessment" must
first be approved by C.B. Properties in writing, which approval shall not be unreasonably
withheld or delayed. C.B. Properties' approval may be conditioned on City providing C.B.
Properties with split samples from any environmental investigation. The plaris for any inspection
requiring any physical penetration of the surface or subsurface of the Property must first be
delivered to and approved by C.B. Properties, 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 C.B. Properties
against and hold C.B. Properties 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 C.B. Properties will open an escrow for the conveyances
described n1 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 C.B. Properties, constitutes the joint escrow instructions of the City and C.B.
Properties, 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 C.B. Properties 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
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requirements 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 C.B. Properties 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 C.B. Properties.
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 C.B. PROPERTIES, 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 party 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 suchi 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.
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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) C.B. Properties shall deliver through Escrow the executed, acknowledged
and recordable Grant Deed and Public Utility Easement and Temporary Construction Easement.
(b) C.B. Properties shall deliver through Escrow such other documents as are
necessary to comply with C.B. Properties' obligations under this Agreement.
(c) C.B. Properties shall not be in default of any of its obligations under the
terms of this Agreement.
(d) All of C.B. Properties' 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 C.S. Properties by giving notice to C.B.
Properties on or before the expiration of the time allowed for each condition. The City's failure
to elect to germinate its obligations shall constitute a waiver of the condition by the City.
12.2 C.B. Properties' Conditions Precedent to Closing. The obligation of C.B.
Properties 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, C.B. Properties 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. C.B. Properties' failure to
elect to terminate its obligations shall constitute a waiver of the condition by C.B. Properties.
13. Closing Statement. C.B. Properties instructs Escrow Agent to release a copy of
C.B. Properties' closing statement to the City.
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14. Warranties, Representations. and Covenants of C.B. Properties. C.B. Properties
hereby makes the following warranties, representations, andJor covenants to the City, which shall
survive the Close of Escrow:
14.1 Pendina Claims. To the best of C.B. Properties' 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 C.B. Properties' 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, C.B. Properties shall not intentionally do
anything which would impair C.B. Properties' title to any of the Property.
14.4 Condition of Land. To the best of C.B. Properties' 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 C.B. Properties'
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 C.B. Properties or the Right of Way, Public Utility Easement Area or
Temporary Construction Easement Area may be bound.
14.6 Authority. C.B. Properties 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 C.B.
Properties' obligations hereunder. Each party executing this Agreement on behalf of C.B.
Properties represents and warrants that such person is duly and validly authorized to do so on
behalf of C.B. Properties.
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14.7 Bankruptcy. Neither C.B. Properties nor any related entity is the subject
of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for C.B.
Properties 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 C.B. Properties' knowledge,
C.B. Properties 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 C.B. Properties following the
date this Agreement is signed by the City, C.B. Properties shall notify the City within ten days of
receipt of such notice. C.B. Properties 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
C.B. Properties 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. C.B. Properties
acknowledges that the City is relying on C.B. Properties' representation and warranty herein. In
the event that this representation is untrue, then without limiting the City's recourse for C.B.
Properties' breach, if such other tenants or occupants shall be entitled to relocation or other
benefits, C.B. Properties 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. C.B. Properties 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, C.B. Properties 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. C.B. Properties 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 C.B. Properties 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 C.B. Properties' 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
-8-
LA #4846 - 01.55 -0708 v4
any portion of the Property; (x) any right to enforce obligation(s) placed upon City pursuant to
Code of Civil Procedure sections 1245.245 and 1263.615; (xi) any rights conferred upon C.B.
Properties 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 C.B. Properties, 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 C.B. Properties 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. C.B. Properties, 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, C.B. Properties 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 1542 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 AFFECT_ ED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
City's Initials:
C.B. Properties' Initials:
17. Environmental Costs. The City shall be responsible for all 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 C.B. Properties Remainder Property by C.B. Properties 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.
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LA #4846 -0165 -0708 v4
19. Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by the City and C.B. Properties shall be deemed both a covenant and a condition and
shall be a material consideration for C.B. Properties' and the City's performance hereunder, as
appropriate:, and any breach thereof by the City or C.B. Properties 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 fixture. No waiver or consent shall be implied
from silence or any failure of a parry 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 parry'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 C.B. Properties 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 Stages 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 C.B. Properties: C.B. Properties Investments, LLC
2375 Hardies Lane
Santa Rosa, CA 95403
Attention: Steve Falk
Telephone: (707) 526 -8563
-1 Q-
LA #4846 -0165 -0708 v4
with a copy to: Anderson, Zeigler, Disharoon, Gallagher & Gray
50 Old Courthouse Square
Santa Rosa, CA 95404
Attention: Wendy D. Whitson, Esq.
Telephone: (707) 545 -4910
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 o£ 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.
26. 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 C.B. Properties.
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LA #f4846- 0165 -0708 v4
28. 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 Elate.
[SIGNATURES ON FOLLOWING RAGE]
-12-
LA#i4846- Oi65 -b708 v4
C.B. PROPERTIES:
C.B. PROPERTIES, INC., a California
corporation
By:
Name:
Its: f-
CITY:
CITY OF ROHNERT PARK, a
California municipal corporation
:
ATTEST:
im
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
:
Michelle Marchetta Kenyon,
City Attorney
-13-
LA €f4846- 0165- -0708 v4
Pam Stafford, Mayor
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lylagwithih the Chy of Rofinert pa&, Coati of Sonoma. State of Cdif
Pion of the lands of-C-B.Peoperties, Inc, a,cafifomi& , .0mia
�CorPor-,abim as describ.td by G=j
Deed r =4ed under Domment Numbi2x, 2006-0787X. Micial Records -.of _S01w.rm
C-Ountv' 31SO being a POnion Of Lot 2 as shown oa* the. map of Rohnen -B-usj-aess park-
Subdfvi wn, filed in 304k 37-5 of M ap
3'. Pnes. .10 and 11, -SOMM- '-a -COIW4. -Recards,said
PGTtihn i',.5AI0r-.e part im,-Aarly deg m-4-bed '8S f6flowis_
Rfght of V&y Redicotio-a.
Biffig ai of said 'hul& -of CR. lykf,'- easteTIY Of the f0fiewin .described
Be
,gang at a YT i1ft Ape- tagged PLS 7915 M� W�. the ROT&W-st corner- ref Dowdell
Avenue- ]Extension.
Also being the 11orthmst coiu'er of Lt 2 as 91i rwil on PArcel. M..ap-
tht 31� S0110,11a County cords�. d
Numbet -716 '.Mqps, Page 3
, ' m �gh Re an
ixhT, 23 a Mail-- M)n me, .tagged PL 7915 e th
§
Axn-aue, 8me,11-,jon bears tq�artli F.
'as, fi ei; thence rat? et along lht
eXtcasivn of Dow&ft Avftue, 2s sho-%Am en •said Parcel map,. North. oi-cm,2s.- East 1.2--8:
f6et; th-CITC-C, an a curve to the 0 ht * dratigh a iaeatMj angl& of wi-t-
.9 . -h mfia
534M feeft, fbi an. arr- iengffi-of 137.96 feet- trice along a ctuj,,e t �
Cent" al angle of 14`42—'20` 1 ` a b the lei throtxgh a
wid, radhis of' 820-09. feet, ffir �ih arc- imig.th of'_2-110.4.6 f-.6,tt
l .p'Ntprth "fast 373
`6et t1yeace: N01.1h 54� "3(r-' West 10-3,9 f& rbe-
f --t to
co um rane- between Business Paxk- DrIvi-- aW szijd Imids of Ca. P1. elfits, Ines, and
being the ;punt of terminus:6f `the herein described jjae�. :GP
C09t6ll , t 0: 44. Acres: more or less.
8X-Cepti,
ng therefi-om any portion, I�iq g
-wit M. Parcel. `V', gaid part-e4 being 9homn and
dedi C ted to the City-: of R0111jen
.1 a p-atk, (q, said heap -Of Mlnert-B-Usibess Park $ubdiN-rision
on August 12., 19S5. ibi 8bak. 375 of Maps -Pages. 10 a nd
Basis of fle-2a7nrusL Xortb 8 -905-8'4r Rast beTween found '%" icon. pipes 01ong, the northerly
lint of—the lands cf Lol 4 as sbowwn ori -RD,-d it Book- 736.61"Map
kaggs 'DO and 32, Sonoma. -Count.y-R=ords.
LA #4846-0165-0708 v4
-14-
EXHIBIT B
LEGAL DESCRIPTION OF THE
PUBLIC UTILITY EASEMENT AREA
Lying vAthin the City-_of kolmort l."ark. County of Sonoma- State of California and being a
portion of the lands of C.B. Propzrfies-, Inc., a Califoniia cot-poratimi as described by Gmit
Deed rer-or ded under Document Number 2096-07873-6, Offwkd Records of Sonoma
County,. also being a pordi-oh of 'Lot -2 as s . herwn on. the map. of Rohneil 13-us�iness Park.
Subdivision, filed in Bodk 375 ofllkaps,. Pages 10 and 11, Sonoma County Records, said
portion is nwre pailiciAndy-deseTibod-as follows:
Public Utility Easem-en-t
Being a 5,00 fbot Nvide- strip ,of land. the easterly line of said strip being the same as the
w'es'terly line: of the above-described 0.48 acre parcel of land.,
The sidelines cif said -5,00 fad step shat be lengthened or ft)rteaed. so ts to tr-r-rainate at
the. sputbre-fly batindary line of said lands of C-13. Properties, Inc., and to the north. at said
common 11110.
Contai ning. 3,26.8 Square Feet rho-or less
Excepting therefrom =y portion 1-Parcel - Parcel "C, said parcel being shown -and.
5 L�
dedicated to the City of Rdhnert.Rark on said mop of-Rohnert Business Park Suhdivision
on August. 12, M.5-, in Book 375 ffMaps,, Pages TO an 11.
Being a portion of APN 143-044 06-4-
Basis of.13-mings: Nortb 890581M" East betiA=n fouad V2" iron pipes along tfic northeriv
Ue of V-w- 14ida of La 4 as shovvn on Parcel'Mitp Number 160, filed in Book 736 of M.Vs,
Pages, 33.0. and 3Z; Sonoma County Records.
LA #4846-016540708 v4
-15-
EXHIBIT C
LEGAL DESCRIPTION OF THE
TEMPORARY CONSTRUCTION EASEMENT AREA
L31:iag within the City_of R-ohnert -Park-, County of Sonoma, State of ealifbmia and bztnj_a_po'r_fien
of the lands of C.B. Properties, Inc;, acaliforrija -Corporation asdestri5e5d by Grant Deed recorded
under.Document Number 2,006-0787M.,- Official Records of Sonoma County, also being a portion
of Lot 2 as $I wn on the: map of'Rohneit Business Park Sul divi8ior4 filed in Book 375 of Maps,
Pages 10- and 11, Sctnorna"Cautd-yRecords, said portion is mare partict6rly described as follows-.
A 10.00 fbot)A4d&gnp- ofland, the �easterlyllncof said -scrip being de=1-6ed as f6ilows..
-Beginving at a I/T iron Pipe tagged PLS: 7935 marking the northurest corner of Dawdeli Avenge
ENAznsi0n,,ajs0 being the northeast comer of 'Lot 2 as -shown on Parcel Map Number 180-, riled in
Book 716 Maps Page 30 ffirough 32, Sonoma County weards a Y? iron pipe
I R . , and from -which.
tagged. P*LS 7935 matking the mo_Ttheast comer of said Dowdell Avenue Ext r-asion bears North
89°58740" East 68:01 feet, thence northerly -along the Wftsion of DowdelI. Avenue asshomm. on
said Parcel IyLp, North: 01103'75" East 1.28 feet✓.. thence on a 'curve to tha- :might throw a central
angle of 14"42'20", mith atddius of 534;00 feet, for an arc length of-'137.(Y6 feet; thence along a
curve. to the left, througb.a:c-e=.a1-arrgle:of 14'94T20",'Ailb.-a radius of'820:00 feet, for anarclength
of 210,46 f6et; thence North 01'W`2r East _3173,50-feet thence North S4 °55'30'` West 30.38f`e&L to
the common line between Rustufts Rark- Drive and said lands of C.B. Properties, burr:, and :being. the
point oftermiins of the herein docribed line.
Containing 16,54 7 Square. Feet mom ar Idis
Excepting therefrom-, an),-- porkQt lying V4fthin Parcel "C", said -parcel being -shown on and dedicated
to -the City of Roluiin-t Park on said-map of-Robacit Rusines's Pafk Subdivision oti Augusi 12, 1985,
in Bodk_315 of Maps; Pages 10: and 11-
The sidolines of said 10:00 foot v6destrip shall be lengthened or shortened so as to terminate at the
-narthealy and southerly boutfdaqlind of said lands. of.C.B.. Propertires,.Ino,, and 9t the northerly and
southerly line -of said-parpal r4c:17
END OF DRISCRTPITON
Being a pottlon. c).f_.'APN 141*40-064
Basis of Bearinm North 89'SV-40" East between found V2" iron pipes along the nbl-therly line of
the lands at'Lot - 4 as shown on Parcel Map Number 160, filed in Book 716 of Maps, Pages 30 and
32 Sonoma CotintyRecards.
LA #4846-016540708 A
-16-
RECORDING REQUESTED BY:
Stewart Title of California
No recording fees due- pursuant'to Government
Code !Section 6303
WHEN RECORDED MAIL TO
AND NaIAM TAX STATEMENTS TO:
Clty oi.° Rohnert-Park
Attn: Richard F. Pedroncelli
130 Avram Ave.
Aohnert Park, CA 94928
ORDER NO, 7931 - 115929
ESCROW NO. 7903-435928
APN. 143- 040 -064 (portion of)
EXHIBIT D
SPACE ABOVE TIi1S LDIE FOR RECORDEWS'USE
GRANT DEED AND PUBLIC UTILI'T'Y EASEMENT
TIME UNDERSIGNED GRANTOR(g) DECLARE(s):
DOCUMENTARY TRANSFER, TALI is:. No consideration R & T 11922-Deed to a Public Agency
R Monummt Preservation FEe is:
0 computed on full value of property conveyed, or
0 computed on full value less value of liens or encumbrances remaining at time of sale.
13 Unincorporated area: R City of Rohnert Park, and
FOR Ac VALUABLE CONSIDERATION, receipt of which is hereby aclmowiedged,
C.B. :Propcefics, Inc, a'California Corporation
hcreby'GR&W(S)-to
City o- FRohnert Park, .a Municipal corporation
the following described ream property-in the City of Rohnert Park, County of- Sonoma, State of California
LBOAS DESCRIPTION ON.EXHIBIT A
DATE: July 31, 2013
STATE OF CAL €FORMA.
COUNTY OF
On before me,
a Notary
Public, personally appeared
, who proved to me on the basis of satisfactory evidcnca to'be the,person(s),
whose name(s) is(are subscribed to the within instrument and acknowledged-to.
me that he/shehheytxecuted the same in VsAerfthefr authorlmd- capacity(ies}
and that by his/herttheir sigtature(s) on the instrument the person(s) or the cntity
upon behalf of which the person(s) acted', executed the instrument
I cw fy under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WI-1I,4ESS try hand and official seal.
Signature
C.B. Properties, Inc.
BY:
MAn. ux STATEMPtM AS- DIRECTED ABOVE
LA #4846-0165-0708 v4
-17-
(Seal)
EXHIBIT D
Exhibit "A"
Legal Description
Right of Way Dedication and Public Utility Easement
Lying within the City ofRahnert Park, County of Sonom L State of California and being a
porfion of the lands of C.B. Properties, Inc,, a Carifornia corporation as described by Grant
D-ced recorded. imider Document Number 2006-078736P Gfficia[ Records of S.onbma
Couniy, also beling a -portion of Lot 2 as shown oa the map of Rol neit Bust. ess park
Subdivision, filed in Book 375 of Maps; Pages 10 and I I., Sonoma County Records, said
portion is more particularly described as follows,
M,glt of Way Dedication
Being- all of said lands of C.B.. Properties, Ino. 4,ing easier] e o o.
fine: y of th f 11 wing desctibed
BeEAning ar a. 11i" iran pipe- tagged PLS 793-5 marking the northwest corii& of Dowdtfl
Avenue Extension.. also being the northeast comer Of Lot 2 as shoAm on Parcel Map
Number 180, .Mt -4 in Book 736 Maps, Page 30 through 32, Softoma Cotuity Records, and
Eorn which n YS' iron pipe tagged PLS. 7935 nuking the northeast -zorner of said Dowdell
Avenue E-xten8ion bears Nonh 89058'40" East 69.11.1 feet; thence northerly along the
extension of Dov.,-dell Avenue as sh " on said Parcel Map, North GIOMI25" East 1-28
feet; thehee on a curve to the right though a central angle of 14'42•20", With a radius of
534M feet, for an are 'length of 1337.06 feet; thence along 'o- can to the -left., throqgh -a
canixal:ancyle of 14'42'20", with a radius of 820-00 feet, for an arc length of 2.10.46 feet:
thence North 01'03'25" But 373.50 feet,'th-eme North 54`5.-5'3V West 3,03.8 feet to the
common. line between Business .Park Drive and said lands of C.B. Properties, Inc., and
belq the. point of tem iin us of ffie. herein described line.
m
Oozmiaing 0.44 Acres Mom or less.
Ex-cepting-thereftom wy portion lying wIlhin Parceil."'C", said- parcel being shown and
dedicated to the City of Rohnen Park on said inap of Rohnert Rusiiiess Park �ubdivisi an
on Aqgusr 12, 1985t in Book 375 of -Maps, Pages 10 and 11.
pithfie ' 'Ut-Iffity Easem. -,ent
Being. a -5,0.0 foot wide strip of land, the easterly line of said strip beffig the same -as the
w- esterfly Unt- of lie abo ,e- described 0.4.8 acre parcel of land
The sideiines .of said 5 �-00 foot. strip M.iall be lengthened or shortened so as to terminate at
the souff-rerlSi boundary Iiiie of said lands of C.B. Properties; Inc., and to the north at said.
common line.
Containing 1268 Square Feet more oi, less;
. C! .
1360 North Dutthn Avenue, Shire 3.50., SaVe Rasa, CA 95401
Tt;h f70-7) 542-6268, 5-42-Z 106
W ww.cinq u ini passar . i no. coin
CPT No.; 6478 -C4
LA #4846-0165-0708 v4
EXHIBIT D
END OF DESCRrpl-ToN
Excepting therelirom any-portion lying.%ithjn parcel ..C" said parcel being shown. and
Business dedicated to the C I't% ID-f R6bhert Park on said map of RD Park Subdivision
on August Y-2,3985, in Book 375 of Maps, pages 10 and I ].
MD9 a POTtiOn- of APN 143-040-064
Basis Of Bearings: NDrtb 89'58'40" East between found !/2" iron pipes along the northeriy.
Hhe-ofthe lands of Lot 4 as shown on.parcel �p Number 360, filed in Book 736 of Maps,.
Pages M and 1.2, SOnOina County Records.
Prepare Cinquidi & Pas:sarina. Ji1c.
es M..
Date
1360 North Dutton Avenue, Suite 130,.Sanm Rasa, CA 95401
Tel: (707) 542-6268 -Fox, (707) 542-2106
wu'w-cinquinipassarinoxom
CPJ NO.: 6418 -12:
Page 2 of
LA #4846-016"708 v4
EXHIBIT D
PARK ----�-----
_DRIVE -----_'_-______
noxwEEnTBuSjw[sS
p^nn yuBo|wsmw
375 MAPS /o-n
LOT 2
LANDS OF
CITY OF ROHNERT PARK
LANDS OF
PER 3.75 VAPS 1:1
noxwEEnTBuSjw[sS
p^nn yuBo|wsmw
375 MAPS /o-n
LOT 2
POINT
OF SEUNw�
'
PARCEL mwPmz �80
40T
C-13, PROPERTIES, INC,
SANTA ROSA. CA 954-03
cm No,
LA #4846-0165-0708 v4
736 MAPS jo -u»
LOT 4
LANDS OF
SANTA ROSA
PRESS DEMOCRAT
DN 1998-107,531
pAncsL MAP N
z 10
s
o/n MAPS *4-45
L»/ e
-
TAGGED PLS m
PERTY AREAS CITY OF ROHNERT PARK
INA
FEE PARCEL 31,44- Arre C.B. PROPERTIES, INC.
TO
CITY OF ROHNERT PARK
aTY ACQUISITION DEED FU 80
LANDS OF
POINT
OF SEUNw�
'
PARCEL mwPmz �80
40T
C-13, PROPERTIES, INC,
SANTA ROSA. CA 954-03
cm No,
LA #4846-0165-0708 v4
736 MAPS jo -u»
LOT 4
LANDS OF
SANTA ROSA
PRESS DEMOCRAT
DN 1998-107,531
pAncsL MAP N
z 10
s
o/n MAPS *4-45
L»/ e
-
TAGGED PLS m
PERTY AREAS CITY OF ROHNERT PARK
INA
FEE PARCEL 31,44- Arre C.B. PROPERTIES, INC.
TO
CITY OF ROHNERT PARK
aTY ACQUISITION DEED FU 80
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
EXHIBIT E
SPACE ABOVE THIS LINE FOR RECORDER'S US
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
TITLE OF DOCUMENT
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATIION
(Government Code §§ 6103, 27361.6)
LA #F4846- 0165 -0708 v4
-21-
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 -064 (portion)
Stewart Title of California
Order No.: 7931 - 415928
Escrow No.: 7903- 415928
13RANT 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, C.B.
PROPERTIES„ INC., a California 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) clays 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 #4846 -0165 -0708 v4
-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
C.B. Properties, a California corporation
la
Print Name:
Title:
Date:
GRANTEE
CITY OF ROHNERT PARK,
a municipal corporation
L�
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 #14846 -0165 -0708 v4
-23-
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 names) 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)
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.
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
LA #4846- 0165.0708 v4
-24-
(Seal)
Exhibit A
TEMPORARY CONSTRUCTION EASEMENT AREA
Exhibit "A"
Legal Description
Temporary Construction Easement
Lying within the City of Rolmert Park, County of Sonoma, State of CaHornia and being. a :portion
of the lands of C.B. Properties, Inc., a Callfamia corporation as described by Cram Deed -recorded
under Document Number 2006 - 079736, Official Records of Sonoma --County, also being a.portion
of 1ot.2 as'shown on the map of Rohnert Business Park Sdbdivision, filed in Book 375 of Maps,
Pages 10 and 11, Sonoma County Records, said portion is niore particularly described- as follows:
A lMO foot wide strip of land, the easterly line -of said strip being described. as .follows:
Beginning at a ?V" iron pipe tagged PLS 7935 inarking the northwest comer of I. & dell Avetrue
Extension, .also being the northeast corner of `Lot 2 as shown on Parcel Map Number 180, filed in
Book 736 Maps, Page 10 through 32, Sonoma Counly .Records, and from which a 1z" iron pipe
tagged PLS 793:5 marking the northeast corner of said Dowdeil Avenue tension; bears North
8905$'40" East 69,01 feet; the= northerly along the extension of Dowdell. Avenue as shown ott
said Parcel Map, Forth 01'0325=' East 1.28 feet, thence on a curve to the Tight through. a central
angle of 14 °42 "W; with a. radius of 534.00 feet, for an arc length -of 137.06 feet; thence .along a
curve to the left, through a central angle of -14 °42'20 ", with a radius of 820.00 feet, for an arc length
of 210;46-feet; thence -North 01 °03'2:57 East. 373.50 feet; thence North 54x55'30" Wa9t 0.3-3 feet to
the common line. between- Business .Path, Drive and said lands of C-13. Properties, Inc., and being the
point of terminus ofthe herein described line.
Containing 6,547 Square Feet more or less.
Excepdpg, here %om any portion Lying titiithin Parcel "C", said.parml being shown an and dedicated
to the City of R-ohnert Park on said map ofRohnert Business Park Subdivision. on August 12, 1.985,
in Book 375 of Maps, Pages 10 and I I.
Tlie sidelines of said 10-00 foot wide strip shall be lengthened or shortened so as to terminate at the
northerly and southerly boundary line of said lands of C-B. Properties, Inc., and at the northerly and
southerly line: of said Parcel "C."
END OF IMESCRiP1TON
Being aportion ofAPN 143 -040 -064
Basis of Bearings: North 89 15$'44'" East between found %" iron pipes along .the northerly line of
the lands of Lot 4 as shown on Parcel Map N-dniber 1.60, %tied in Book 736 of ivliips, Pages 3:0 and
32, Sonata County Records.
Prepared Cinquinl'iY 1 -�4Np
assarino, Inc. 5 VA
No. 792S
� Fy?.72.31 -i� tt.
James M. T?tckey, PLS 793 Dote
l9 �� R
13LO North Dutton Avenue, to Rosa, CA 95401
Tel: (707) SA2 -6268 P;3x; (70) 542 -2106
wwvr.cinguin ipassarino.com
CPI .No.: 6478 -12
Pate 1 of]
LA #4846 -0165 0708 v4
-25-
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT AREA - DIAGRAM
N5V55'3D`W
10.00,
LANDS OF
CITY OF ROHNERT PARK
143-040-073-
POL "C"
PER 375 MAPS 1.1
ROHNERT BUSINESS
PARK SUP-EYAIASI014
375 MA-PS 10-11
LOT 2
LANDS OF
C.B. PROPER-nES, INC,
143-040-064
DN 2006-078736
FNI). 1/2" oy' I
TAGGED PLS 7935
N01'03'25
POINT OF BEGINNING
PARCfi' AMP NO 180
LOT 2
OWNER AND
MAILING ADDRESS
c.a, rnpERTIES, 0:.
2395 HARDIES LANF,
SANTA ROSA. CA 95403
A.P. No, 14'5-OA-0-0&4
O.R. No, D.N. 2006-0780M
PARK
DRIW
- - - - - - I
LANDS OF
SANTA ROSA
PRESS DEMOCRAT
DN 1:998-107531
143-o40 -111
PARCEL MAP NO. 163
6719 MAJOS 4-45
LOT 2
FNO. 1/2
-E LOGM PLS 6149
N89*,56 40'E 282s
6B.01
736 kfAP5 30-32
awl LOT 4
PROPERTY AREAS CITY OF ROHNERT PARK
TICIF- 6,547 fi.F.± TEMPORARY CONSTRUCTION EASEMENT
C.B. PROPERTIES, INC.
'TO .
CITY OF ROH NERT PARK
Scale- 1° =100' 1 Date: 8/31/12
N DEED Dww. O�
CITY ACQVI 'Rolvw -1
DIR. --- --- - _ __ Ll e
LA #4846-0165-0708 v4
-26-
EXHIBIT B
TO
C.B. PROPERTIES
RESOLUTION
RHCO2DING'REQUESTED BY:.
Stewart Title of Califamin
No recording fees due "pursuant to Government
Code Section 6303
WHEN RECORDED MAIL TO
AND 11AIL TAX STATElvI.ENTS TO:
City of RohnertPark
Attn: Richard F. Pedroncelli
130 Avram Ave.
Rohnert Park, CA 94928
ORDER NO. 7931- 413928
ESCROW NO. 7903 - 4:15928
APN. 143- 040 -064 (portion of) SPACE ABOVE TIES LINE
GRANT DEED AND PUBLIC UTILITY EASEMENT
THE UNDERSjGNED-GRANTOR(s) DECLARE(s):
DOCUMENTARY TRANSFER, TAX is:" No considemtion R & T 11922 -Deed to a Public Agency
0 Monument - Preservation Pee ss
0 computed on" full value V propeM .conveyed, or
0 computed on frill value Iess-vaius =of liens or encumbrances remaining at time of sale.
0 L' reincorporated area: 17 City of ltohnert Park, and
FOR A: VALUABLE CONSIDERAT N, receipt ofwhich is hereby ackoowiedged,
C.B.:- Fropefties, Inc., a'Cal.ifornia. Corporation
herebyGRA T(S)-to
City oERohnert Park, .a Ivl.uai6ipa7 corporation
the following described re4property-ln the City o£ltohnert Park, County ofSonoma, Smm of California
LBGA:L- DESCRIPTION ON.EXHIEIT A
DATE;: July 31, 2033
STATE OF CALIFORNIA
COMM OF
On _ before me,
a Notary,
Public., personally appeared
, who proved to me-on the basis of satisfactory evidence to'bc tbc.persou(s).
whase name(s) Ware subscribed to the within instrument and acimowlcdgcd.to.
me that helsheftey executed the same dri Irislher /thefr authorized. capacity(ies)
and that by his(her/their signatures) on the ".instrument the person(s) or "the.eniity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PEItJTJRY under the laws of the State of
California that the foregoing paragraph is true and correct.
WMiESS my hand and ofllciall seal.
Signature
C.B. Properties, Inc.
BY:
MAn, TAX STATEMENTS AS.DiREC FD ABOVE
(Seat)
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
1=
Right of Way Dedication and Public Utility Easement
L`ring within the City of.Rohiieft Park-, County of Sonoma. State of California and being a
portion of the lands of Q.B. Properties, 1ric., a California- corporation as described by Grant
Deed recorded irider -Document Nurliber .2006-078736., Official Records of Sonbma
County, also befiig a -portion of Lot 2 as shown on .ihe map of Rohneq-t Business .1,
P at
Subdivision, filed in Book 375 of Maps,. Pages 10 and I I., Sonoma County Recbr&, said
portion is more particularly described as foll-ows-
Right of AN-ay D-ediestan
Being all of said lands of C.B. Properties, Inc. lying easterly of the following descn'b&d
'D
line,
Beginning at la. 1/2" iroi, pipe tagged PLS 7935 aiarkdng the northwest corner of Dow-dell
Avenue Extensian, also being the -.wTtlieast comer of Lot 2 -as showxi on Parcel Map
Nfurnber 180, fljex. in Book 736 Maps, Page 30 thro.u.g.,h 32, Sciionia Count} Rocords, arid'
from -w-hich a Y�S` iron pipe tagged PLS. 7-93 5 rnawking the northeast coi-ner of said Dowdell
Avenue Ex-tension beats North -S-90-_W4_0" East 69.01 fee?; thence northerly along the
extension of Dowdell Avenue as sh.qwn. on said Parcel Map, North 01003125" Fast 1-28
feet; thence on a curve to the right throita-1 a central angle of 14'42"20", with a radius of
.534.00 feat, for an arc length of 137-.'96 feet; thence along a cume to The left. through -a
Gantral:ancde of 14'4'--)'20', with a radius of 8.20-00 fi=t, for an atc length of 2.10.46 feet:
thezict '-orth 0.1'03'25't Ewt 373.50 feet.'.:th-e=.e Nor.tb '54':5.S'3;0'7' West 3,0.19 feet to 'Ehe
coinnionAine, between _13-visiness. Patk Drive and said lands, of C.B. Properties, Int., and
being the paint of terminus of tl-m. herein described line.
C�
Coraftiniii- 0.44 Acres rwre or less
Ex,cepthig-therefrom Wly.portion lying wilhin Paredl. "C", said' parcel being shown and
dedicated to ffir- Cltv of R-61wert Park on said map of Rohnert Business Park I Saibdi-dsi on
on August. 12, 1985, in Book 375 of Maps, Pages 10 and 'l. 1.
PWA C'uw-ity Easement
Being. a .5.-00 foot vhidb strip of land, the easterly line of said strip being the same -as the
wesLerlY lin-6 of the abave= described 0.4-8. acre parcel ofland,
The:sldelfjies of said. 5100 Tbot.stTip shall be lengthened or shortened so -as to terminate al
the southeri'y boundary linz -of said lands of C.B. Properties, Inc., and to the north at said
Common line.
Containing 3 ;22- 68 Square Feat more ot less
f360 Nortb Mitton Avenue, Suite f-50.', Soma Rasa, CA 95401.
Tel: (707.) 542-6268- Fax ,(70,7) 54�2-210.6
lute hia.coin
C-PI No..: 6418- M
END OF DESCRIPITON
Excepl, ing rherefr-O'm any portion ion lying-%itlun Parcel "C", said parcel being Shovmand
dedicated to the dw ' � of dhhelt Park on said map of Rohnert Business
01I.August 12, 1985, in .Book 375 of Maps, Pages 10 surd 11. Park Subdivision
Being 2 Portion OfAPN 143-040-064
Basis Of Bearings: Nortb 89'58'40" East between found V2*1 iron pipes along the noltberly .
line ofthe laiids-of. Lot 4 -as show-ii on.parcel Map Number 160, filed in Book 736 of Maps,
Pages 50 and 3.2, Sonoma County Records.
Prepar. 1 Ci aquidi & Passarina. Inc.
as N'L Die e)-II :Z: j
Date
1360 Worth Dutton AvcnLie, Sviie 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 "Fax, (707) 542-2106
—w-cInquInipassar'fno.coM
CPI No.: 6479-12
Page 2 f02.
-------
/��� ---
m�u� ~^�-_-_____
{
40T 2 LOT 4
0%74ER AND
MAILING ADDRESS PROPERTY AREAS CITY OF ROHNEU PARK
IMAL PARCEL 0-BB Ac
LORM —L_ ROAD DEDICATION & P,u.E
2375 HARMS LANE' FIEE PARCEL 0.44 Acre C-B- PROPERTIES, INC.
SANTA FZDS-k CA 95403
TO
LANDS OF
CrT-Y OF ROHNERT PARK
PCL 'C"
p
LANDS or
PER 375 VAPS 1:1
SANTA ROSA
PRESS DEMOCRAT
DN 1996-107531
4 —040-111
ROHMEERT
PARK S�BDIMSION
PARCEL MAP NO- 163
375 MAPS 1*0-11
679 MAPS 2,4-45
LOT 2
LOT 2
LANDS OF
ON 2005-078736
GRAPRIC kA-'R
300 IL
TAGGED PLS 6149
40T 2 LOT 4
0%74ER AND
MAILING ADDRESS PROPERTY AREAS CITY OF ROHNEU PARK
IMAL PARCEL 0-BB Ac
LORM —L_ ROAD DEDICATION & P,u.E
2375 HARMS LANE' FIEE PARCEL 0.44 Acre C-B- PROPERTIES, INC.
SANTA FZDS-k CA 95403
TO
Recordig 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. Pedroncelii
EXEMPT FROM RECORDING FEES PER
GOVERNMENT
CODE §§ 6103, 2.7383
SPACE ABOVE THIS LINE FOR RECO
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
TITLE OF DOCUMENT
THIS PAGE (HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION
(Government Code §§ 6103, 27361.6)
v4
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 -064 (portion)
Stewart Title of California
Order No.: 7931 - 415928
Escrow Na: 7903- 415928
GRANT 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, C.B.
PROPERTIES, INC., a California 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
C.B. Properties., a California corporation
By:
Print Name:
Title:
Date:
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.
CITY OF ROHNERT PARK,
a municipal corporation
M
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 authcrized 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 officiai sea[.
Signature _ (Seal)
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.
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)
Exhibit A
TEMPORARY CONSTRUCTION EASEMENT AREA
Exhibit "A"
Legal Descriptio -n
Temporary Construction Easement
Lying within the City of Rolmetl Park, County of Sonoma., State of California and being a portion
of the lands of-CB. Properties, inc., a 1rA1'iforniia corporation as described by Grant Deed reoorded.
under Document Number 2006- 078736, Official Records of; Sonozrna :County, also being a portion
of l;ot.2 as'shown on the map of Rolrnert Business Park Subdivision, Glad in Book 375 of Maps,
Pages 10 and 11, Sonoma County Records; said portion is more particularly described as follows:
A IAN foot wide strip of hand, the easterly line,-of said strip being described. as follows:
Beainrting.at a V" iron pipe tagged Pi..S 7935 marking the northwest comer of Dbv,:&ll Avenue
Extension, also being tile northeast corner of Lot 2 as shoa�,xi on Parcel .Map Number 180, filed in
Book 736 Maps, Page 30 through 32, Sonoma County Records, and from which a 1" iron pipe
tagged PLS 793:5 marking the northeast comer of said Dowdell Avenue Ex— tension. bears North
89 °5$'40" East 6 .9,01 feet, thence northerly along the extension of Dowdell, Avenue as shown ou
said Parcel Map,, North East 1.28 feet- thence on a curve to the right. ilrrough. a central
-angle of 14 °42`2"0 ", with a radius of 534.00 feet, for an arc length of ..]37.06 feet thence .along a
curve to the left. through a central angle of 14412'20 ", wiih a radius of 820.00 feet, .for an are length
of -21PA6 feet; thence NTorth 01 °03'2i7 East; 373.50 feel; thence Nortli 54'55'30" West 3,038 feet to
the common line. beN.eedn Business .P.atk -Drive and said lands of C- B. .Properties, inc., and being ihe
poi ni of ter.mmus of the herein described line.
Containing 6,547 Square Feet more unless.
Exceptih.g:fherefron any portion lying within Parcel `C ", said.puml being shown on and dedicated
to the City ofR-olrnert Park on said map of Rohnert Business Paris Subdivision.on August 121, 1:385.
in Book 375 of Maps, Pages 10 and 11.
The sidelines of said 1-1:.00 foot wide strip shall be lengthened or shortened so as to terminate at the
northerly and southerly bowidary Iine of said lands of CB. Properties, Inc., and at the northerly and
southerly line: of said Parcel "C."
END OF DESCF01TON
Being aportion ofAPN 143- 040 -064
Basis o Bearings: North 89°58'40" East between found %2" iron pipes along the northerly line of
the lands of Lot 4 as shown on Parcel Map Number. 1.60, filed in Book 736 of Maps, Pages 3:0 and
32, Sonoma County Records.
ypl i %A10S;.
Pmpared�la� Cinquini K .assarino, Inc. 5`n` s.rt oy 'rk
-Tames M. Dickey, PLS 793 " f Date
'4
�A �� i
p
13.60 North Dutton A. nu , inn Boss, CA 45401
Tel: (7117) 5'42 -626$ Fax: (707) 542 -2106
w-.ww.cinquin ipassarinaxom
GPI -No.: 6479 -12
PsaE.I oil
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT AREA - DIAGRAM
10.00'
LANDS OF
CITY OF ROHNERT PARK
143-040-073'
ACC "C"
PER 375 MAPS 1.1
RO`iNE-JR'T BUSINESS
PARK SUP-1 ASION
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 9
NO1*0
POINT OF BEGINNING
FARCEY VAP NV. 180
I LOT 2
OWNER AND
MAILING ADDRESS
C.B. FROPERNES, 1144^,
2Y35 HARDIFS tANE
SAN-TA RC)SA, C-4 954133
A.R. Np, 145-043 -06-4
O.R. Not D.N. 2006-078036
T
PARK DR11C
61,
I; ,
Io .
X,11
z
LANDS OF
.
SANTA ROSA
PRESS DEMOCRAT
DN 1998-107531
1-43-040-111
PARCEL MAP NO. 163
679 MAPS 44 -45
LOT 2
60
Cq
/1
I.
ll
FND- 1/2" I.P.
TAGGED PLS 6149
as.m, N89'68'40'E 282,35'
738 UAPS J0 -32
) l LOT 4
PROPERTY AREAS CITY OF RDHNERT PARK
6,547 S.F.± 7EMPORARY CONSTRUnGN EASEMENT
C.B. PROPERTIES, INC.
TO .
CITY OF ROH NERT PARK
Scale: 1'=100' I Date: 8/31/12
CM ACQVISMUN DEED DVM. APPROWD -
CHK R.-