2015/01/13 City Council Resolution 2015-009RESOLUTION NO. 2015 -009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING CONVEYANCE OF AN EMERGENCY EXIT
ACCESS EASEMENT AGREEMENT TO PROPERTY LOCATED AT 5000 ROBERTS
LAKE ROAD (APN 161 -01 -031)
WHEREAS; the property owner of 5000 Roberts Lake Road, APN 160 -010 -031, has
requested the City grant an Emergency Exit Access Easement Agreement over the golf course
property; and
WHEREAS, the proposed easement is necessary to formalize a historical emergency exit
path of travel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve granting the proposed Emergency Exit Access
Easement Agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute all documents in substantially similar form as shown on the attached Emergency Exit
Access Easement Agreement, which is attached hereto and incorporated by this reference as
Exhibit A, for and on behalf of the City of Rohnert Park.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
record the Emergency Exit Access Easement Agreement with the Sonoma County Recorder's
office.
DULY AND REGULARLY ADOPTED this 13th day of January, 2015.
CITY OF ROHNERT PARK
IN
T
i
4 .
Amy O. Ahanotu, Mayor
ATTEST:
oAnne M. Buergler, City Cle k
Attachment: Agreement
CALLINAN: 1— MACKENZIE: N- -; C STAFFORD: � ,.tE.; BELFORTE: t"\\.] to AHANOTU: IDYL=
AYES: ( 1,t) ) NOES: ( (ti ) ABSENT: ( 0 ) ABSTAIN: ( 0 )
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avralm Ave.
Rohnert Park, CA 94928
EXHIBIT A TO RESOLUTION
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EMERGENCY EXIT ACCESS EASEMENT AGREEMENT
This EMERGENCY EXIT ACCESS EASEMENT AGREEMENT (this "Agreement ") is
made and entered into effective as of this day of January, 2015, by and between the City of
Rohnert Park, a municipal corporation (the "Grantor "), and, the owner of real property located
at 5000 Roberts Lake Road, Rohnert Park, California (APN 160 - 010 -031), who is more
particularly described in "Exhibit A" (the "Grantee ").
RECITALS
A. Grantee is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as 5000 Roberts
Lake Road, Rohnert Park, California (APN 160 - 010 -031) (the "Property "); and
B. A historical emergency exit path of travel exists from the improvements on the
Property over property owned by Grantor and operated as the Foxtail Golf Course; and
C. Grantee has requested the City grant an emergency exit access easement over the
golf course property to formalize this path of egress; and
D. Grantor is willing to grant to Grantee and Grantee is willing to accept a non-
exclusive easement over those certain portions of the Foxtail Golf Course, as more particularly
described in the legal description attached hereto as Exhibit `B" (the "Easement Area "), for the
purpose of emergency exit access on the terms and conditions as provided herein.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns,
a non - exclusive easement over and across the Easement Area for the purpose of enabling
OAK #4822- 1985 -9231 v1
pedestrians access to an emergency exit from the Property (the "Easement ") on the terms and
conditions set forth herein.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than as an emergency exit access easement. The Parties agree that no wall,
fence or barrier of any kind which impairs or impedes access to, or use of, any of the Easement
shall be constructed or maintained on to the Easement Area, nor shall the Parties do anything
which shall prevent, impair or discourage the use of the Easement or the free access and
pedestrian movement across the Easement Area.
3. Maintenance of the Easement Area. Grantee and its successors and assigns shall,
at Grantee's sole cost and expense without reimbursement, be obligated to maintain, repair,
reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement.
Any damage caused by Grantee, or by any of Grantee's lessees, licensees, permitees, agents,
employees, contractors and /or successors and assigns to the Easement Area shall be promptly
repaired by Grantee, at its sole cost and expense.
4. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, Grantee, and each of their respective parent corporations, subsidiaries, affiliates,
officers, managers, directors, representatives, agents, employees, transferees, successors and
assigns (each, an "Indemnitee" and collectively, "Indemnitees ") from and against all claims,
losses, actions, demands, damages, costs, expenses (including, but not limited to, experts fees
and reasonable attorneys' fees and costs) and liabilities of whatever kind or nature (collectively,
"Claims "), that arise from or occur in whole or in part as a result of the actions during the
construction or maintenance of the Easement by Grantor or its employees, agents,
representatives, contractors, subcontractors, consultants, or invitees, or the performance of, or
failure to perform, Grantee's duties under this Agreement, including, but not limited to, Claims
arising out of. (a) injury to or death of persons, including but not limited to employees of
Grantor or Grantee; (b) injury to property or other interest of Grantor, Grantee, or any third
party; (c) violation of any applicable federal, state, or local laws, statutes, regulations, or
ordinances, including all of the foregoing relating to the environment and including any liability
imposed by law or regulation without regard to fault, excepting only with respect to any
Indemnitee, to the extent of any Claim arising from the gross negligence or willful misconduct of
such Indemnitee. Without limiting the generality of the foregoing, Grantee shall indemnify,
protect, defend and hold Indemnitees harmless from and against Claims arising out of or in
connection with any labor performed on the Foxtail Golf Course property by, or at the request or
for the benefit of, Grantee, excepting only with respect to any Indemnitee, to the extent of any
Claim arising from the gross negligence or willful misconduct of such Indemnitee. In the event
any action or proceeding is brought against any Indemnitee for any Claim against which Grantee
is obligated to indemnify or provide a defense hereunder, Grantee upon written notice from
Grantor shall defend such action or proceeding at Grantee's sole expense by counsel reasonably
acceptable to Grantor.
5. Rights of Grantor. Grantor shall retain the right for itself, and its personal
representatives, heirs, successors, and assigns all rights accruing from its ownership of the
Easement Area, including the right to engage in or permit or invite others to engage in all uses of
the Easement Area that are not inconsistent with the terms of this Agreement.
OAK 84822- 1985 -9231 vl 2
6. Recordation and Binding on Successors. This Agreement shall be recorded in the
Recorder's Office in the County of Sonoma and, upon such recordation, shall be binding upon
and inure to the benefit of the heirs, successors and assigns of the parties hereto.
7. Exclusivity. The Easement granted hereunder is non - exclusive and Grantor
reserves the right to use and grant other easement rights in and to the Easement Area, subject to
the terms of this Agreement, and provided that such easement rights shall not unreasonably
interfere with the Easement rights granted hereunder.
8. Term of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
9. Attorneys' Fees and Governing Law. This Agreement may be enforced by an
action at law or in equity and in the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be
entitled to recover reasonable attorneys' fees from the other party and any judgment or decree
rendered in such suit shall include an award therefore. This Agreement shall be governed by,
enforced and construed in accordance with the laws of the State of California.
10. Severability. If any provision of this Agreement is determined to be illegal or
unenforceable, this determination shall not affect any other provision of this Agreement, and all
other provisions shall remain in full force and effect.
11. Notices. All notices or demands which either party is required or desires to give
to the other shall be given in writing by certified mail, return receipt requested with the
appropriate postage paid, by personal delivery, by facsimile or by private overnight courier
service to the address or facsimile number set forth below for the respective party, or such other
address or facsimile number as either party may designate by written notice to the other. All
such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any
act or notice required hereunder fall due on a weekend or holiday, the time for performance shall
be extended to the next business day.
If to Grantee: Sherlyn Joyce Rogers
5000 Roberts Lake Road, Suite B
Rohnert Park, CA 94928
Attn: Joyce Rogers
Phone: 707 -586 -0370
Email: jrogers3 @pacbell.net
With a copy to: Beyers Costin Simon
Michael P. Garcia
200 Fourth Street Suite 400
P.O. Box 878
Santa Rosa, CA 95401
Phone: 707 -547 -2000
Email: mgarcia @beyerscostin.com
OAK #4822 - 1985 -9231 vl
Cyrus I. and Geraldine Goldin
Phone:
Email:
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager
Phone: 707 -588 -2227
Email: admin @rpcity.org
With a copy to: Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
Phone: 510- 273 -8780
Email: mkenyon @bwslaw.com
12. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and when taken together they shall constitute one and
the same Agreement.
13. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by the parties to be charged.
[Signatures on the Following Page]
OAK #4822 - 1985 -9231 v1 4
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
GRANTOR:
Marital Trust Under the Jimmie W. and Sherlyn City of Rohnert Park,
Joyce Rogers Trust Agreement dated December a municipal corporation
20, 1989
By:
Name: Sherlyn Joyce Rogers
Title: Trustee
Surviving Grantor's Trust Under the Jimmie W.
and Sherlyn Joyce Rogers Trust Agreement dated
December 20, 1989
By:
Name: Sherlyn Joyce Rogers
Title: Trustee
Goldin Family 2011 Trust, U.A.D. September 8,
2011
By:
Name: Cyrus I. Goldin
Title: Trustee
By:
Name: Geraldine Goldin
Title: Trustee
OAK #4822- 1985 -9231 vl 5
By:
Name
Title:
Attest:
By:
JoAnne Buergler
City Clerk
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On before me,
Notary Public, personally appeared
1]
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(S E A L)
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On
Notary Public, personally appeared
MM
personally known to me
before me,
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(SEAL)
OAK #4822- 1985 -9231 v1 6
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On
Notary Public, personally appeared
or
personally known to me
before me,
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(SEAL)
OAK #4822 - 1985 -9231 v] %
EXHIBIT A
OWNER OF PROPERTY
Sherlyn Joyce Rogers, as Trustee of the MaritalTrust under the Jimmie W. and Sherlyn Joyce
Rogers Trust Agreement dated December 20, 1989, as to an undivided 25% interest, and Sherlyn
Joyce Rogers, as Trustee of the Surviving Grantor's Trust under the Jimmie W. and Sherlyn
Joyce Rogers Trust Agreement dated December 20, 1989, as to an undivided 25% interest: and
Cyrus I. Goldin and Geraldine Goldin, Trustees of the Goldin Family 2011 Trust, U.A.D. dated
September 8, 2011 as to an undivided 50% interest.
OAK #4822- 1985 -9231 vl
EXHIBIT B
LEGAL DESCRIPTION OF THE EMERGENCY EXIT ACCESS EASEMENT AREA
That certain parcel of land situated in the City of Rohnert Park, County of Sonoma, State
of California, being a portion of the lands of The City of Rohnert Park as recorded Book
3300, Page 345 of the Official Records, in the Office of the County Recorder of said
Sonoma County and being a more particularly described as follows:
Commencing at the northeast corner of Parcel 1, as shown on Rohnert Park Parcel Map
173, recorded in Book 652 of Maps, Pages 15 & 16, Sonoma County Records; thence
from said point of commencement southerly along the easterly boundary of said Lot 1
South 05 042'00" East, 57.00 feet to the point of beginning; thence from said point of
beginning, leaving said easterly boundary of Lot 1, North 84018'00" East 7.00 feet
thence southerly and parallel to said easterly boundary of Lot 1, South 05 042'00" East
140.00 feet, thence South 84 918'00" 'West 7.00 feet more or less to said easterly
boundary of said Lot 1; thence northerly along easterly boundary of said Lot 1, North
05 042'00" West 140.00 feet to the point of beginning.
End lines shall be lengthened or shortened so as to terminate on easterly boundary of
said Lot 1.
Containing 830 Square Feet more or less.
APN 160 - 010 -032
EXHIBIT "C" attached and by this reference made a part hereof.
Prepared by Baechtel Hudis Inc.
Kalph M6ody, LS 531:6
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OAK 94822 -1985 -9231 v1 9
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OAK #4822-1985-9231 vI 10