2005/03/22 City Council Resolution (2)RESOLUTION NO. 2005 - 73
A RESOLUTION APPROVING THE ACQUISITION OF EASEMENT AND
AUTHORIZING THE EXECUTION OF THE RIGHT OF WAY AGREEMENT, GRANT
OF EASEMENT AND ANY OTHER DOCUMENTS NECESSARY TO
ACCOMPLISH THE FOREGOING
(Property Owner: Frabotta)
WHEREAS, the City of Rohnert Park is moving forward with the Sewer Interceptor /Outfall
Project (the "Project "), which includes the construction a new sewage pipeline connecting the
Rohnert Park Sewage Pump Station to the Laguna Subregional Wastewater Treatment Plant; and
WHEREAS, Armond F. Frabotta ( "Property Owner ") is the owner of certain real property
identified as Assessor's Parcel No. 134- 232 -048 more particularly described by deed recorded as
document number 1997- 0037837 of Official Records, Sonoma County Records (the "Property ");
and
WHEREAS, it is in the City's interest to acquire a Perpetual Easement over and upon the
Property for the purpose constructing, operating and maintaining a new sewage pipeline in
furtherance of the Project; and
WHEREAS, City staff and consultants have negotiated a proposed Right of Way Agreement
and a proposed Grant of Easement with the Property Owner, copies of which are attached hereto,
pursuant to which the City would acquire the Perpetual Easement as more particularly described
and depicted therein, upon the satisfaction of certain terms and conditions, including the payment
of $10,000 to the Property Owner; and
WHEREAS, the Project and the acquisition are consistent with the General Plan;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Rohnert
Park approves the purchase of the Perpetual Easement pursuant to the terms of the Right of Way
Agreement and Grant of Easement attached hereto, and authorizes the City Manager to execute
the Right of Way Agreement and Grant of Easement, subject to any minor conforming, technical
or clarifying changes approved by the City Attorney. The City Council further authorizes the
City Manager or his or her designee to take all actions necessary to carry out the Right of Way
Agreement, including without limitation the execution of a Certificate of Acceptance, escrow
instructions, and the payment of such costs and expenses as reasonably needed to close escrow
and /or acquire the Perpetual Easement, including without limitation the payment closing costs
and title insurance.
-1-
The foregoing Resolution was duly and regularly adopted by the City Council of the City
of Rohnert Park at a meeting thereof, held on the 22nd day of March 2005:
AYES: Five (5) Council Members Flores, Smith, Spradlin, Vidak - Martinez and
Mayor Mackenzie
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY OF ROHNERT PARK
Ma or 7ak Mackenzie
Attest:
- CERTIFIED -
-2-
RIGHT OF WAY AGREEMENT
This Agreement is between the City of Rohnert Park, a municipal corporation (City ") and
Armond F. Frabotta ( "Grantor ").
It is agreed between the parties as follows:
1. PROPERTY TO BE CONVEYED: Grantor agrees to sell to City, and City agrees to
purchase from Grantor on the terms and conditions set forth in this Agreement, a perpetual easement
(the "Perpetual Easement ") over, upon and across certain real property owned by Grantor and identified
as Assessor's Parcel No. 134- 232 -048 more particularly described by deed recorded as document
number 1997- 0037837 of Official Records, Sonoma County Records (the "Property "). The Perpetual
Easement is more particularly described and depicted in Exhibit A attached hereto (the "Purchased
Easement Area "). The Purchased Easement Area shall be conveyed by a Grant of Easement (the "Grant
of Easement ") in the form attached as Exhibit B.
2. COMPENSATION: The City shall:
A. Pay the sum of %,3,66- for the Purchased Easement Area conditioned upon the
property vesting in the City free and clear of all liens, leases, encumbrances, easements recorded and/or
unrecorded), assessments and taxes except any title exceptions acceptable to City ( "Permitted
Exceptions "). The purchase price for the Purchased Easement Area includes payment for any and all
improvements removed and not replaced thereon.
B. Pay all escrow, recording and title insurance charges, if any, incurred in this
transaction.
C. Have the authority to deduct and pay from the amount shown above any amount
necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in
which this transaction closes, together with penalties and interest thereon, and/or delinquent and unpaid
non - delinquent assessments. Close of this transaction and payment of compensation may, at the sole
discretion of City, be contingent upon the City's receipt of subordination agreements and /or consents
from any deed of trust or mortgage holder trustees and beneficiaries and/or lessees.
3. PUBLIC PURPOSE: City requires the Purchased Easement Area, property not now
appropriated to a public use, for the construction, operation and maintenance of a new sewage pipeline,
for which City may exercise the power of eminent domain.
Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and
City in resolving a dispute over compensation for the Grant of Easement by eminent domain litigation;
and the compensation set forth herein for the Grant of Easement is in compromise and settlement, in lieu
of such litigation.
4. RIGHT OF POSSESSION AND USE: It is agreed and confirmed by the parties hereto
that, not withstanding the other provisions in this Agreement, the right of possession and use of the
Purchased Easement Area by City, including the right to remove the existing improvements, if any, and
to construct the proposed improvement and the necessary conforms to the proposed improvement, shall
7965940 80078/0012
commence on April 1, 2005, or recordation of the Grant of Easement, whichever occurs first, and that
the compensation amount shown above includes, but is not limited to full payment for such possession
and use, including damages, if any, from said date.
REPRESENTATIONS AND WARRANTIES:
A. Grantor represents and warrants that Grantor is not aware of any underground
storage tanks on the Purchased Easement Area and is not aware of any hazardous, toxic or petroleum
product substances or materials in, on or near the Purchased Easement Area. Grantor acknowledges that
City has informed Grantor as to the plans for the construction of the proposed public improvement in
the manner proposed.
B. Grantor represents and warrants that Grantor is the sole fee owner of the Property
and Grantor warrants that Grantor has the right and power to enter into this Agreement and to convey
the Purchased Easement Area and, by said Grant of Easement, does convey the Purchased Easement
Area free and clear of all taxes, assessments, encumbrances, easements, licenses, liens, leases, deeds of
trust, and claims of any kind whatever, except for such matters as may be waived by the City. Grantor
further represents and warrants that it is not under contract with any other party for the purchase and sale
of the Property, and that there are no oral or written leases in effect with respect to any portion of the
Property. Grantor agrees to indemnify, defend with counsel approved by City, hold harmless and
reimburse City and City officers, representatives, agents and employees from and against any and all
suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including
without limitation attorneys' fees, in the event that any of Grantor's representations or warranties
contained in this paragraph are not correct at the time made or at the close of escrow, which obligations
shall survive close of escrow and recordation of the Grant of Easement. The representations and
warranties set forth above shall survive close of escrow and recordation of the Grant of Easement.
6. LIABILITY: City shall be liable for injury to person or property arising out of negligent
acts of City, its employees, its agents and its contractors on the Property.
7. ESCROW:
A. The Grant of Easement shall be executed and delivered to the escrow company
for the purpose of placing the Grant of Easement into escrow. The Grant of Easement shall be delivered
in the manner described in the previous sentence solely for the convenience of the parties. Grantor shall
not be deemed to have delivered the Grant of Easement and City shall not be deemed to have accepted
delivery of the Grant of Easement until such time as the Grant of Easement is recorded in the Official
Records of Sonoma County, California in accordance with written escrow instructions delivered to
escrow by City. This transaction shall be handled through an escrow with Old Republic Title Company
under Commitment No. 0508004517. Within five (5) days after this Agreement is executed by City and
Grantor, Grantor shall complete execute and deliver to escrow holder (i) an affidavit executed by
Grantor certifying that Grantor is not a "foreign person" within the meaning of Internal Revenue Code
Section 1445(f)(3), and meeting the requirements of Internal Revenue Code Section 1445(b)(2), and (ii)
an original Withholding Exemption Certificate (California Form 590 or 590 -RE, as applicable), fully
executed by Grantor as required by the California Taxation and Revenue Code, certifying that the
Grantor is not subject to tax withholding under applicable California law. Escrow agent shall delivery
the purchase price to Grantor, less amounts necessary to place title in the condition required by this
2
796594180078/0012
Agreement. When title to the Easements vest in City, subject only to the Permitted Exceptions, title
shall be evidenced by a CLTA owner's policy of title insurance ( "Title Policy "). The Title Policy shall
be in the amount of the purchase price, showing title to the Perpetual Easement vested in City, subject
only to the Permitted Exceptions. It shall be a condition precedent to City's obligations under this
Agreement that escrow holder is able to issue the Title Policy to City upon the close of escrow.
B. Notwithstanding the foregoing, City shall have the sole right to elect to close this
transaction without the use of escrow services. If City elects to close without the use of escrow services,
City shall upon acceptance of the deed, pay the purchase price amount directly to Grantor, and record
the Grant of Easement. If City elects to close this transaction with the use of escrow services, City and
Grantor shall sign escrow instructions, if necessary, to effect this Agreement and close escrow.
8. TRUST DEED AND MORTGAGE PAYMENT: Any or all monies payable under this
Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the
terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the
mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to furnish
Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured
by said mortgage(s) or deed(s) of trust.
9. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefits of
the parties hereto and their respective successors, heirs, assigns and transferees.
10. NOTIFICATION: In the event Grantor sells, conveys, or assigns any property interests
encumbered by this Agreement, Grantor shall notify the successor or assignee of the rights and
obligations of both parties as included herein.
11. SURVIVAL OF AGREEMENT: This Agreement, including all representations,
warranties, covenants, agreements, releases and other obligations contained herein shall survive the
closing of this transaction and the recordation of the Grant of Easement.
12. ENTIRE AGREEMENT: This Agreement, together with its attachments, represents the
full and complete understanding of the parties with respect to the transaction, rights and obligations
contemplated by this Agreement. Any prior or contemporaneous oral or written agreements by and
between the parties or their agents and representatives with respect to this acquisition are revoked and
extinguished by this Agreement.
13. SEVERABILITY: If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force
without being impaired or invalidated in any way.
14. GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
15. AUTHORITY AND EXECUTION: Each person executing this Agreement on behalf
of a party represents and warrants that such person is duly and validly authorized to do so on behalf of
the entity it purports to bind and if such party is a partnership, corporation or trustee, that such
3
796594180078/0012
partnership, corporation, or trustee has full right and authority to enter into this Agreement and perform
all of its obligations hereunder.
16. CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this
Agreement are for convenience only and shall not be considered nor referred to in resolving questions of
interpretation.
17. REQUIRED ACTIONS: Each party agrees to execute such instruments and documents
and to undertake such actions as may be reasonably required in order to consummate the purchase and
sale contemplated by this Agreement.
18. COUNTERPARTS: This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original but all of which, together, shall constitute one and same document.
19. AMENDMENT: This Agreement shall not be modified or amended except by an
instrument in writing executed by each of the parties hereto.
GRANTOR:
By: Dated:
• •••
CITY OF ROHNERT PARK, A Municipal Corporation
am
Carl Leivo, City Manager
Resolution Number:
APPROVED AS TO FORM:
City Attorney
4
796594v 1 80078/0012
Dated:
EXHIBIT A
All that certain real property situate in the County of Sonoma, State of California, being a portion
of the lands of Armond F. Frabotta., as described by deed recorded under document number
1997- 0037837, Sonoma County Records; being more particularly described as follows:
PERPETUAL EASEMENT
A strip of land 20 feet wide, the centerline of which is described as follows:
COMMENCING at a found 1/2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded in Book 255 of Maps at Page 34; thence
along the southerly line of said lands, South 89 °01'23" West, 230.30 feet; thence leaving said
southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to
the westerly line of said lands of Moretti, being a point on the easterly line of the lands of
Sonoma County Water Agency described by deed recorded April 29, 1975 in Book 2953 of
Official Records at Page 301, Sonoma County Records, from which.point the northerly corner of
said lands bears North 20 °27'39" West, 301.29 feet; thence continuing South 88 051'28" West,
102.45 feet to the easterly line of said lands of Frabotta being a point on the westerly line of said
lands of Sonoma County Water Agency, from which point the northerly corner of said lands
bears North 00'36'16" West, 284.34 feet, said point being the TRUE POINT OF BEGINNING-,
thence continuing South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11
feet; thence South 88 °51'28" West, 268.99 feet, more or less, to the westerly line of said lands
of Frabotta, the terminus of this easement.
Containing 14,782 square feet, more or less.
The sidelines of said strip shall be shortened or lengthened to terminate at the westerly and
easterly lines of the said lands of Frabotta.
Basis Of Bearings: The bearings of this description are based on the California Coordinate
System (NAD '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT
PARK SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROJECT 2003 -11 JANUARY
2005" on file in the office of the City Engineer of the City of Rohnert Park.
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
J: \04\205632\SURVEY\134- 232- 048.doc
Page 1 of 1
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FOUND BRASS DISC PER R2 APN
134 - 251 -054
I FOUND 3/4" IRON PIPE
<� SONOMA COUNTY WATER AGENCY
2953 OR 301 20.00' EASEMENT\
10.00'
S88'51'28 "W 588'51'28 W 10.00'
102.45' 768.05'
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APN ��y�'
134- 251 -056
255 MAPS 34
LANDS OF
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134 -232 -018
20.00' EASEMENT
\ F 10.000.00'
LINE TABLE
LINE
BEARING
LENGTH
L1
N52'56'1 2 "E*
118.11'*
L2
S00'36'1 6 "E*
284.34'*
L3
N00'36'16 "W*
147.20'*
L4
N20-27'3 "W*
301.29'
* =PER R2 AND MEASURED
588`51'28 "W
268.99'
LANDS OF
FRABOTTA
APN
134 - 232 -048
- N79'53'32 "W c 588°51'28 "W
191.11' \ 279.01
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T.P.O.B:
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LEGEND
0 FOUND MONUMENT AS NOTED R1 =255 MAPS 34
• FOUND 1/2" IRON PIPE PER R1 R2 =2953 OR 301
I P.O.C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE EXHQ o OT ss�ss
i — CENTER LINE LANDS OF FRABOTTA
PERPETUAL EASEMENT
®
IN FAVOR OF
EASEMENT AREA CITY OF ROHNERT PARK
��v AREA Scale: 1" =200 Date: 1 26 05
APN SHEET .
C O N• U L T I N N 8 N ® I:J`..iN R s EASEMENT AREA AEB 7,34-2,32-048 1 OFN 1
14,782 SF CHK. JRO
When recorded return to:
Department of Engineering Y**
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
[Exempt from recording fee
per Gov. Code, § 273831
Grant of Easement
This Grant of Easement is made this — day of February 2005, by and between Armond F. Frabotta
( "Grantor ") and the City of Rohnert Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in Santa Rosa, County of Sonoma, State of
California, commonly known as 4360 Walker Ave. and identified as Assessor's Parcel No. 134- 232 -048, more
particularly described by deed as document number 1997 - 0037837 of Official Records, Sonoma County
Records (the "Property ").
B. Grantee is in the process of acquiring real property interests for the purpose, inter alia, of the
construction and future operation and maintenance of a sewer interceptor /outfall project.
Terms and Conditions
Now therefore, in consideration of the foregoing recitals and for good and valuable consideration, the
receipt of which is hereby acknowledged, Grantor and Grantee agree as follows:
1. Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee a perpetual
easement and right of way (the "Perpetual Easement ") for the purpose of laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating, inspecting and using, or undertaking
similar activities, as the Grantee may see fit, for the transmission of sewage, a pipe or pipes and all necessary
braces, connections, fastenings and other appliances, fixtures, and related appurtenances including underground
telemetry and electrical cables for use in connection therewith or appurtenant thereto, in, under, along and
across that certain real property more particularly described and depicted in Exhibit A attached hereto and
incorporated herein by reference (the "Perpetual Easement Area ").
The Perpetual Easement includes the right of ingress to, and egress from, the Perpetual Easement Area
over, upon and across the Property, and the right at all times to enter in, over and upon the Perpetual Easement
Area and every part thereof to perform the actions stated above by the Grantee, its employees, its agents and its
contractors with vehicles and equipment.
2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, or assigns shall not
place or permit to be placed on the Perpetual Easement Area any building or structure, including but not limited
792060v 1 80078/0012
to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, and patios nor do nor
allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein
granted.
The above paragraph notwithstanding Grantor reserves the right to use or to landscape the Perpetual
Easement Area or to plant annual crops in the manner consistent with the Grantee's use; however, such use by
Grantor shall not include the planting of trees or perennial vines nor a change in the existing elevation (grade)
of the Perpetual Easement Area by more than one (1) foot without first obtaining prior written consent of the
Grantee.
3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the Perpetual
Easement forever, solely for the objects and purposes above stated and for no other object or purpose.
4. Grantee's Responsibilities. The pipe(s) described in paragraph 1 shall be constructed and
maintained at a depth of at least eighteen (18) inches below the present surface of the ground, and Grantee shall,
upon the completion of any of its works hereunder, restore as near as possible the surface of the ground to the
condition in which it was prior to the commencement of said work.
5. Title and Lease Warranty. Grantor represents and warrants that Grantor is the sole fee owner of
the Property, that Grantor is not under contract with any other party for the purchase and sale of the Property,
and that there are no oral or written leases in effect with respect to any portion of the Property. Owner agrees to
indemnify, defend with counsel approved by Grantee, hold harmless and reimburse Grantee and Grantee's
officers' representatives, agents and employees from and against any and all suits, damages, costs, fees, claims,
demands, causes of action, losses, liabilities and expenses, including without limitation attorney's fees, in the
event that any of Grantor's representations or warranties contained in this paragraph are not correct at the time
made or at the close of escrow, which obligations shall survive the close of escrow and recordation of this Grant
of Easements.
In Witness thereof, the representatives of the parties hereto have executed this Grant of Easements as of
the date first above written.
792060v 1 80078/0012
Grantor
e
Date
�- X7
Armond F. Frabotta
Grantee
0
Carl Leivo, City Manager
Date:
Approved as to form:
C
Gabielle Whelan, Attorney for Grantee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest
in real property conveyed above is
hereby accepted by order of the
Council of the City of Rohnert
Park pursuant to Council Resolution
No. dated
and grantee consents to recordation
thereof by its duly authorized officer.
Dated:
CITY OF ROHNERT PARK,
A Municipal Corporation
ATTACH NOTARY PUBLIC ACKNOWLEDGEMENTS
792060v 1 80078/0012
When recorded return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
[Exempt from recording fee
per Gov. Code, § 273831
Grant of Easement
tZTR MAAC14
This Grant of Easement is made this _ _ day of 005, by and between Armond F. Frabotta
( "Grantor ") and the City of Rohnert Park, a municipal corporation ( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in Santa Rosa, County of Sonoma, State of
California, commonly known as 4360 Walker Ave. and identified as Assessor's Parcel No. 134- 232 -048, more
particularly described by deed as document number 1997- 0037837 of Official Records, Sonoma County
Records (the "Property ").
B. Grantee is in the process of acquiring real property interests for the purpose, inter alia, of the
construction and future operation and maintenance of a sewer interceptor /outfall project.
Terms and Conditions
Now therefore, in consideration of the foregoing recitals and for good and valuable consideration, the
receipt of which is hereby acknowledged, Grantor and Grantee agree as follows:
1. Grant of Perpetual Easement. Grantor hereby grants and conveys to Grantee a perpetual
easement and right of way (the "Perpetual Easement ") for the purpose of laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating, inspecting and using, or undertaking
similar activities, as the Grantee may see fit, for the transmission of sewage, a pipe or pipes and all necessary
braces, connections, fastenings and other appliances, fixtures, and related appurtenances including underground
telemetry and electrical cables for use in connection therewith or appurtenant thereto, in, under, along and
across that certain real property more particularly described and depicted in Exhibit A attached hereto and
incorporated herein by reference (the "Perpetual Easement Area ").
The Perpetual Easement includes the right of ingress to, and egress from, the Perpetual Easement Area
over, upon and across the Property, and the right at all times to enter in, over and upon the Perpetual Easement
Area and every part thereof to perform the actions stated above by the Grantee, its employees, its agents and its
contractors with vehicles and equipment.
2. Grantor's Responsibilities. The Grantor and the Grantor's heirs, successors, or assigns shall not
place or permit to be placed on the Perpetual Easement Area any building or structure, including but not limited
792060v1 80078/0012
to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, and patios nor do nor
allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein
granted.
The above paragraph notwithstanding Grantor reserves the right to use or to landscape the Perpetual
Easement Area or to plant annual crops in the manner consistent with the Grantee's use; however, such use by
Grantor shall not include the planting of trees or perennial vines nor a change in the existing elevation (grade)
of the Perpetual Easement Area by more than one (1) foot without first obtaining prior written consent of the
Grantee.
3. Duration of Perpetual Easement. Grantee, its successors and assigns shall hold the Perpetual
Easement forever, solely for the objects and purposes above stated and for no other object or purpose.
4. Grantee's Responsibilities. The pipe(s) described in paragraph 1 shall be constructed and
maintained at a depth of at least eighteen (18) inches below the present surface of the ground, and Grantee shall,
upon the completion of any of its works hereunder, restore as near as possible the surface of the ground to the
condition in which it was prior to the commencement of said work.
5. Title and Lease Warranty. Grantor represents and warrants that Grantor is the sole fee owner of
the Property, that Grantor is not under contract with any other party for the purchase and sale of the Property,
and that there are no oral or written leases in effect with respect to any portion of the Property. Owner agrees to
indemnify, defend with counsel approved by Grantee, hold harmless and reimburse Grantee and Grantee's
officers' representatives, agents and employees from and against any and all suits, damages, costs, fees, claims,
demands, causes of action, losses, liabilities and expenses, including without limitation attorney's fees, in the
event that any of Grantor's representations or warranties contained in this paragraph are not correct at the time
made or at the close of escrow, which obligations shall survive the close of escrow and recordation of this Grant
of Easements.
In Witness thereof, the representatives of the parties hereto have executed this Grant of Easements as of
the date first above written.
792060v180078/0012
Grantor
Grantee
By: ��r.�� By:
Armond F. Frabotta Carl Leivo, City Manager
Date: c/V 42- 005
Date:
Approved as to form:
By:
Gabielle Whelan, Attorney for Grantee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest
in real property conveyed above is
hereby accepted by order of the
Council of the City of Rohnert
Park pursuant to Council Resolution
No. dated
and grantee consents to recordation
thereof by its duly authorized officer.
Lm
Dated:
CITY OF ROHNERT PARK,
A Municipal Corporation
ATTACH NOTARY PUBLIC ACKNOWLEDGEMENTS
7920600 80078/0012
EXHIBIT A
All that certain real property situate in the County of Sonoma, State of California, being a portion
of the lands of Armond F. Frabotta., as described by deed recorded under document number
1997 - 0037837, Sonoma County Records; being more particularly described as follows:
PERPETUAL EASEMENT
A strip of land 20 feet wide, the centerline of which is described as follows:
COMMENCING at a found 1/2" iron pipe marking the southeasterly corner of said lands of
Moretti as shown on that certain Parcel Map recorded in Book 255 of Maps at Page 34; thence
along the southerly line of said lands, South 89 °01'23" West, 230.30 feet; thence leaving said
southerly line, North 79 °53'32" West, 210.86 feet; thence South 88 °51'28" West 768.05 feet, to
the westerly line of said lands of Moretti, being a point on the easterly line of the lands of
Sonoma County Water Agency described by deed recorded April 29, 1975 in Book 2953 of
Official Records at Page 301, Sonoma County Records, from which point the northerly comer of
said lands bears North 20 027'39" West, 301.29 feet; thence continuing South 88 °51'28" West,
102.45 feet to the easterly line of said lands of Frabotta being a point on the westerly line of said
lands of Sonoma County Water Agency, from which point the northerly corner of said lands
bears North 00'36'16" West, 284.34 feet, said point being the TRUE POINT OF BEGINNING,
thence continuing South 88 °51'28" West, 279.01 feet; thence North 79 °53'32" West, 191.11
feet; thence South 88 051'28" West, 268.99 feet, more or less, to the westerly line of said lands
of Frabotta, the terminus of this easement.
Containing 14,782 square feet, more or less.
The sidelines of said strip shall be shortened or lengthened to terminate at the westerly and
easterly lines of the said lands of Frabotta.
Basis Of Bearings: The bearings of this description are based on the California Coordinate
System (NAD '83 Zone 2) as shown on that certain set of Plans entitled "CITY OF ROHNERT
PARK SEWER INTERCEPTOR / OUTFALL PROJECT CITY PROJECT 2003 -11 JANUARY
2005" on file in the office of the City Engineer of the City of Rohnert Park.
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
J A04\205632\,SURV EY\134- 232- 048.doc
Page 1 of I
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FOUND BRASS DISC PER R2 APN
134 - 251 -054
� kS88'�51'28"W FOUND 3/4" IRON PIPE
SONOMA COUNTY WATER AGENCY 20.00' EASEMENT
2953 OR 301
10.00'
S88 °51'28 "W 10.00'
10.45' 768.05'
APN
�r 134 - 251 -049
e �
0
N79'53'3,4 -W
210.86
LANDS OF
M ORETTI
P.O.C.
u' " '" WILFRED AVE-
�_ N8915'00 "E 591.15 R1
S89'01'23 "W 591.19 M g
APN
134- 251 -056
y
255 MAPS 34
LANDS OF
� MAZ �1N1
134- 232 -018
F 20.00' EASEMENT
� \ � 10.000.00'
LINE TABLE
LINE
BEARING
LENGTH
L1
N52'56'1 2 "E*
118.11'*
L2
S00'36'1 6 "E*
284.34*
L3
N00 °36'16 "W*
147.20'*
L4
t N20'27'39 "W*
301.29'
LANDS OF
FRABOTTA
APN
134 - 232 -048
S88 °51'28 "W 79°53'3? "W S88 °51 °28 "W
268.99' 191.11 279.01
4�l�i;l!
N
J
T.P.0.6:
U
H
O FOUND MONUMENT AS NOTED R1 =255 MAPS 34
• FOUND 1/2" IRON PIPE PER R1 R2 =2953 OR 301
P.O.C. =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE EXHI 0 OT
i — CENTER LINE LANDS OF FRABOTTA
PERPETUAL EASEMENT
EASEMENT AREA F
CITY OF ROHNERT PARK
AREA Scale: 1"=200' Date: 1 26/95,
lwnqzLna
O O N• Y L T I N N N N l 1 N! l 11 i EASEMENT AREA o SHEET rto.
s 14,782 SF cHK.0 134- 232 -048 1 OF 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C3 Cam. -^�.' �a�C�C�S . =aC�C,�s 5 :�C!�S,�N„�.'v�C,..�5!sa.,�C!�C vays�3.�aC ��R�a'!�C,s� �R�,.- �.' ��5� .•�N��S�.- �'C�,.-- �.'S!��S.:aS S!c�C�S,�v^�S,c.
State of California
County of CJ \N ®'UIt\01—
On (�sl ^�-- ��0 , before me,
Date k
personally appeared
a PATRICIA HOMRIG
'"" Commission # 1424426
.� Notary Public - California
Sonoma County
My Comm. Expires Jul 4, 2007
ss.
r r
Narne.29a.TAIe of QZjWr (e.g., "Jane J)oe, Notary`Publi ")
of Signer(s)
❑ personally known to me
Ull'oved to me on the basis of satisfactory evidence
to be the person( /whose name(, is /a% subscribed
to the within instrument and acknowledged to me that
he /,gh@Ah y executed the same in his /�
authorized capacity(ies), and that by his /herf fir
signatureA on the instrument the person(4, or the
entity upon behalf of which the personA acted,
executed the instrument.
WITNE S hand and offici I al.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �� d t-- o
S Title or Type of Document: Document Date: _a'ce -� \� V� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
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0 2004 National Notary Association 9350 D- Soto Ave., P.O. 5907 :rr