2005/03/22 City Council Resolution (3)RESOLUTION NO. 2005 - 74
A RESOLUTION APPROVING THE ACQUISITION OF EASEMENTS AND
AUTHORIZING THE EXECUTION OF THE RIGHT OF WAY AGREEMENT, GRANT
OF EASEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO
ACCOMPLISH THE FOREGOING
(Property Owner: Arthur Bros. Co. Inc.)
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, Arthur Bros. Investment Co. Inc. ( "Property Owner ") is the owner of certain
real property identified d as Assessor's Parcel No. 143 -930 -003 more particularly described by
deed recorded in Book 976 of Official Records at Page 15, Sonoma County Records (the
"Property "); and
WHEREAS, it is in the City's interest to acquire a Perpetual Easement and a Temporary
Construction Easement (collectively, the "Easements ") 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 Easements with the Property Owner, copies of which are attached hereto,
pursuant to which the City would acquire the Easement as more particularly described and
depicted therein, upon the satisfaction of certain terms and conditions, including the payment of
$25,800 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 Easements pursuant to the terms of the Right of Way
Agreement and Grant of Easements attached hereto, and authorizes the City Manager to execute
the Right of Way Agreement and Grant of Easements, 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
Attest
- CERTIFIED
-2-
RIGHT OF WAY AGREEMENT
This Agreement is between the City of Rohnert Park, a municipal corporation (City ") and Arthur
Bros. Investment Co. Inc., a California Corporation ( "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 "), together with a temporary construction easement (the "Temporary
Construction Easement"), over, upon and across certain real property owned by Grantor and identified
as Assessor's Parcel No. 143 -930 -003 more particularly described by deed recorded in Book 976 of
Official Records at Page 15, Sonoma County Records (the "Property "). The Perpetual Easement and the
Temporary Construction Easement are more particularly described and depicted in Exhibit A and
Exhibit B attached hereto (the "Purchased Easement Areas "). The Purchased Easement Areas shall be
conveyed by a Grant of Easements (the "Grant of Easements ") in the form attached as Exhibit C.
2. COMPENSATION: The City shall:
A. Pay the sum of $25,800 for the Purchased Easement Areas conditioned upon the
property vesting in the City free and clear of all liens, 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 Areas 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 Areas, 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 Easements by eminent domain litigation;
and the compensation set forth herein for the Grant of Easements 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
795760v2 80078/0012
Purchased Easement Areas 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
commence on April 1, 2005, or recordation of the Grant of Easements, 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.
5. REPRESENTATIONS AND WARRANTIES:
A. Grantor represents and warrants that Grantor is not aware of any underground
storage tanks on the Purchased Easement Areas and is not aware of any hazardous, toxic or petroleum
product substances or materials in, on or near the Purchased Easement Areas. 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 Areas and, by said Grant of Easements, does convey the Purchased Easement
Areas free and clear of all taxes, assessments, encumbrances, easements, licenses, liens, 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. 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 Easements. The representations and
warranties set forth above shall survive close of escrow and recordation of the Grant of Easements.
6. LIABILITY:
A. 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.
B. Grantor agrees to indemnify and hold harmless the City, its employees, its
agents and its contractors from and against any and all claims by any person or entity
( "Claimants ") that the use and possession of the Purchased Easement Areas as described in this
Agreement affects or damages, or has affected or damaged, the Claimants' alleged right(s) to use
and possess the Purchased Easement Areas.
7. CITY OBLIGATIONS DURING CONSTRUCTION: City shall provide one
way access around the construction site during construction by means of one way traffic control
with delays generally less than 5 minutes. City shall provide parking for up to 20 spaces at the
Crusher's Stadium parking lot on Labath Avenue and a shuttle service between the Property and
the Stadium to address the loss of parking on the Property. The parties agree that this alternative
parking arrangement satisfactorily resolves any and all temporary loss of parking on the
Property. The City shall schedule the construction and restoration work so that this work is
completed within one time period of up to 28 consecutive calendar days (the "designated
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795760v2 80078/0012
construction period "). In the event the City does not complete all work in the designated
construction period, excluding delay days that are due to factors beyond the City's control (such
as Grantor's failure to cooperate, an act or omission of a third party, inclement weather, an act of
God, or an act of war), the City shall pay Grantor a penalty of $1000 per day for each day that
the City works on the Purchased Easement Areas in excess of the designated construction period.
The City shall provide traffic control and shuttle service during any excess days. Grantor shall
provide to City, immediately upon Grantor's execution of this document, a list of persons to
notify of the foregoing and of the commencement date of the designated construction period.
ESCROW:
A. The Grant of Easements 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 Easements and City shall not be deemed to have accepted
delivery of the Grant of Easements until such time as the Grant of Easements 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. 0508004464. 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
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 and the Temporary
Construction 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 Easements. 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.
9. 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.
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795760v2 80078/0012
10. 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.
11. 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.
12. 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 Easements.
13. 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.
14. 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.
15. GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
16. AUTHORITY AND EXECUTION: Each person executing this Agreement on behalf
of a parry 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 parry is a partnership, corporation or trustee, that such
partnership, corporation, or trustee has full right and authority to enter into this Agreement and perform
all of its obligations hereunder.
17. 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.
18. 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.
19. 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.
20. AMENDMENT: This Agreement shall not be modified or amended except by an
instrument in writing executed by each of the parties hereto.
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795760v2 80078/0012
C LM
Arthur, President
CITY OF ROHNERT PARK, A Municipal Corporation
Carl Leivo,City Manager
Dated:
Resolution Number:
APPROVED AS TO FORM:
City Attorney
5
795760v2 80078/0012
EXHIBIT A
All that certain real property situate in the City of Rohnert Park, County of Sonoma, State of
California, being a portion of the lands of Arthur Bros. Investment Co., as described by deed
recorded in Book 976 of Official Records at Page 15, Sonoma County Records; being more
particularly described as follows:
PERPETUAL EASEMENT
BEGINNING at a found 3/4" iron pipe marking the northeasterly corner of said lands of Arthur
Bros. Investment Co. as shown on that certain map recorded in Book 292 of Maps at Pages 26-
28; thence along the easterly line of said lands, South 00 °17'20 "East, 20.00 feet; thence leaving
said easterly line, South 89 °58'10 "West, 181.05 feet; thence South 45 °00'00 "West, 19.87 feet;
thence North 90 °00'00" West, 4.83 feet to the westerly line of said lands; thence along said
westerly line, North 00 °17'20" West, 34.04 feet to the northwesterly corner of said lands; thence
along the northerly line of said lands, North 89 °58 "10" East, 200.00 feet to the POINT OF
BEGINNING.
Containing 4,167 square feet, more or less.
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.
- i / "3 i /c, S
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
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EXHIBIT Pl 99
ARTHUR BROS. INVESTMENT CO.
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: 1"=40' Date: V26/05
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COwN'H . . ,R0 143 -930 -003 1 OF 1
EXHIBIT B
All that certain real property situate in the County of Sonoma, State of California, lying within
the City of Rohnert Park, being a portion of the lands of Arthur Bros. Investment Co., as
described by deed recorded in Book 976 of Official Records . at Page 15, Sonoma County
Records; being more particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at a found 3/4" iron pipe marking the northeasterly corner of said lands of
Arthur Bros. Investment Co. as shown on that certain map recorded in Book 292 of Maps at
Pages 26 -28; thence along the easterly line of said lands, South 00 °17'20 "East, 20.00 feet to the
TRUE POINT OF BEGINNING; thence continuing along said easterly line, South 00 °17'20"
East, 10.00 feet; thence leaving said easterly line, South 89'58'10" West, 176.95 feet; thence
South 45 °00'00" West, 19.88 feet; thence North 90 °00'00" West, 8.92 feet to the westerly line
of said lands; thence along said westerly line, North 00 °17'20" West, 10.00 feet; thence leaving
said westerly line, South 90 000'00" East, 4.83 feet; thence North 45 °00'00" East, 19.87 feet;
thence North 89 °58' 10" East, 181.05 feet to the TRUE POINT OF BEGINNING.
Containing 2,057 square feet, more or less.
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.
Temporary Construction Easement shall terminate either on the first anniversary date of the
filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to
construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007,
whichever is earlier.
1 /31 /0-';
Jonathan R. Olin LS 7590
Expires 3/31/06
End of Description
JA04\205632\SURVEY\FINAL EASEMENTS \143 - 930- 003TEMP.doe
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TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT
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AREA Scale: 1 " =40` Date: 1 26 05
AB SHEE No.
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TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT
EASEMENT AREA IN FAVOR OF
THE CITY OF ROHNERT PARK
AREA Scale: 1 " =40` Date: 1 26 05
AB SHEE No.
CHK JRO 930 1 OF 1 O O N t U 6 Y I N N t N N I N! N N d TEMPORARY EASEMENT AREA
2,057 SF 143 -
When recorded return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
Ex►+,$,T C
Grant of Easements
[Exempt from recording fee
per Gov. Code, § 273831
This Grant of Easements is made this ^ day of March 2005, by and between Arthur Bros. Investment
Co. Inc., a California Corporation ( "Grantor ") and the City of Rohnert Park, a municipal corporation
( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the City of Rohnert Park, County of Sonoma,
State of California, commonly known as 5720 Labath Ave., and identified as Assessor's Parcel No. 143 -930-
003, more particularly described by deed recorded in Book 976 of Official Records at Page 15, 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
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 the Perpetual Easement Area for
parking, driveways, landscaping, or another use consistent with the Grantee's use, which shall include without
limitation the right to plant annual crops and /or install or maintain curbs. gutters, and pavement; 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 Regarding the he Perpetual Easement. 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. Grant of Temporary Construction Easement. Grantor hereby grants and conveys to Grantee a
temporary construction easement ( "Temporary Construction Easement ") with the right of immediate entry by
the City, its employees, its agents, and its contractors upon the real property described and depicted in Exhibit B
attached hereto and incorporated herein by reference for the purpose of providing a temporary construction
work area as reasonably necessary for the installation and construction of a pipe (and all related appurtenances
thereto) on adjacent property. Such purposes, as reasonably necessary, may include but are not limited to, use
of vehicles, tools, machinery, materials and equipment, removal of existing miscellaneous improvements and
landscaping, and use for traffic detours, and reconstruction of existing driveways and walkways if necessary for
the installation or construction of the pipe.
6. Duration of Temporary Construction Easement. The Temporary Construction Easement shall
terminate either on the first anniversary date of the filing of the Notice of Completion for the City of Rohnert
Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on
December 31, 2007, whichever is earlier.
7. Grantee's Responsibilities Reaming the Temporary Construction Easement. Grantee shall,
upon the completion of any of its works under the Temporary Construction Easement, restore as near as
possible the surface of the ground to the condition in which it was prior to the commencement of said work.
City shall provide alternative parking for up to 20 spaces during construction.
8. Title Warranty. Grantor represents and warrants that Grantor is the sole fee owner of the
Property and that Grantor is not under contract with any other parry for the purchase and sale 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
3
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.
Grantor
ARTHUR BROS. INVESTMENT CO. INC.9 A
CALIFORNIA CORPORATION
Date:
ames Arthur,
� x 1i % ;� 1-T
Grantee
CITY OF ROHNERT PARK
By :1S3t 1
Carl Leivo, City Manager
Date:
Approved as to form:
:
Gabrielle 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
When recorded return to:
Department of Engineering
City of Rohnert Park
City Hall
6750 Commerce Blvd.
Rohnert Park, CA 94928 -2411
Grant of Easements
[Exempt from recording fee
per Gov. Code, § 273831
10 Irw
This Grant of Easements is made this _ day of March 2005, by and between Arthur Bros. Investment
Co. Inc., a California Corporation ( "Grantor ") and the City of Rohnert Park, a municipal corporation
( "Grantee ").
Recitals
A. Grantor is the owner of that certain real property in the City of Rohnert Park, County of Sonoma,
State of California, commonly known as 5720 Labath Ave., and identified as Assessor's Parcel No. 143 -930-
003, more particularly described by deed recorded in Book 976 of Official Records at Page 15, 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
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 the Perpetual Easement Area for
parking, driveways, landscaping, or another use consistent with the Grantee's use, which shall include without
limitation the right to plant annual crops and /or install or maintain curbs. gutters, and pavement; 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 Regarding the Perpetual Easement. 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. Grant of Temporary Construction Easement. Grantor hereby grants and conveys to Grantee a
temporary construction easement ( "Temporary Construction Easement ") with the right of immediate entry by
the City, its employees, its agents, and its contractors upon the real property described and depicted in Exhibit B
attached hereto and incorporated herein by reference for the purpose of providing a temporary construction
work area as reasonably necessary for the installation and construction of a pipe (and all related appurtenances
thereto) on adjacent property. Such purposes, as reasonably necessary, may include but are not limited to, use
of vehicles, tools, machinery, materials and equipment, removal of existing miscellaneous improvements and
landscaping, and use for traffic detours, and reconstruction of existing driveways and walkways if necessary for
the installation or construction of the pipe.
6. Duration of Temporary Construction Easement. The Temporary Construction Easement shall
terminate either on the first anniversary date of the filing of the Notice of Completion for the City of Rohnert
Park Construction Contract awarded to construct the Rohnert Park Sewer Interceptor /Outfall Project or on
December 31, 2007, whichever is earlier.
7. Grantee's Responsibilities Regarding , the Temporary Construction Easement. Grantee shall,
upon the completion of any of its works under the Temporary Construction Easement, restore as near as
possible the surface of the ground to the condition in which it was prior to the commencement of said work.
City shall provide alternative parking for up to 20 spaces during construction.
8. Title Warranty. Grantor represents and warrants that Grantor is the sole fee owner of the
Property and that Grantor is not under contract with any other party for the purchase and sale 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.
Grantor
ARTHUR BROS. INVESTMENT CO. INC.9 A
CALIFO CORPORATION
B
James Arthur, Presi
Date: .1 — /Z) —e,5
Grantee
CITY OF ROHNERT PARK
IN
Carl Leivo, City Manager
Date:
Approved as to form:
IIn
Gabrielle 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
EXHIBIT A
All that certain real property situate in the City of Rohnert Park, County of Sonoma, State of
California, being a portion of the lands of Arthur Bros. Investment Co., as described by deed
recorded in Book 976 of Official Records at Page 15, Sonoma County Records; being more
particularly described as follows:
PERPETUAL EASEMENT
BEGINNING at a found 3/4" iron pipe marking the northeasterly corner of said lands of Arthur
Bros. Investment Co. as shown on that certain map recorded in Book 292 of Maps at Pages 26-
28; thence along the easterly line of said lands, South 00 °17'20 "East, 20.00 feet; thence leaving
said easterly line, South 89 °58'10 "West, 181.05 feet; thence South 45 °00'00 "West, '19.87 feet;
thence North 90 °00'00" West, 4.83 feet to the westerly line of said lands; thence along said
westerly line, North 00 °17'20" West, 34.04 feet to the northwesterly corner of said lands; thence
along the northerly line of said lands, North 89 °58 "10" East, 200.00 feet to the POINT OF
BEGINNING.
Containing 4,167 square feet, more or less.
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.
1/;i /
Jonathan R. Olin LS 7590
Expires 3/31/06
End Of Description
JA04\205632 \SURVEYTINAL EASEMENTS \143- 930- 003.doc
Page 1 of 1
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LEGEND
P.O.B. =POINT OF BEGINNING
PARCEL LINE
CENTER LINE
® EASEMENT AREA
!T L AREA
! OON•UI.TINO NNNIN■NN• EASEMENT AREA
4,167 SF
[EXHIBIT S9 A !f
ARTHUR BROS. INVESTMENT CO.
PERPETUAL EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
Scale: 1"=40' Date: 1126/05
)WN. AE® SHEET NOS
�HK. JRO 143- 930 -003 1 OF 1
EXHIBIT B
All that certain real property situate in the County of Sonoma, State of California, lying within
the City of Rohnert Park, being a portion of the lands of Arthur Bros. Investment Co., as
described by deed recorded in Book 976 of Official Records at Page 15, Sonoma County
Records; being more particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at a found 3/4" iron pipe marking the northeasterly corner of said lands of
Arthur Bros. Investment Co. as shown on that certain map recorded in Book 292 of Maps at
Pages 26 -28; thence along the easterly line of said lands, South 00 °17'20 "East, 20.00 feet to the
TRUE POINT OF BEGINNING; thence continuing along said easterly line, South 00 °17'20"
East, 10.00 feet; thence leaving said easterly line, South 89 °58'10" West, 176.95 feet; thence
South 45 °00'00" West, 19.88 feet; thence North 90 °00'00" West, 8.92 feet to the westerly line
of said lands; thence along said westerly line, North 00 °17'20" West, 10.00 feet; thence leaving
said westerly line, South 90 °00'00" East, 4.83 feet; thence North 45 °00'00" East, 19.87 feet;
thence North 89'58'10" East, 181.05 feet to the TRUE POINT OF BEGINNING.
Containing 2,057 square feet, more or less.
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.
Temporary Construction Easement shall terminate either on the first anniversary date of the
filing of the Notice of Completion for the City of Rohnert Park Construction Contract awarded to
construct the Rohnert Park Sewer Interceptor /Outfall Project or on December 31, 2007,
whichever is earlier.
1. 1 /3, /0 s
Jonathan R. Olin LS 7590
Expires 3/31/06
End of Description
JA04\20563MURVEYTINAL EASEMENTS \143- 930- 003TEMP.doc
Page 1 of I
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P.O.C. FOUND 3/4" IRON PIPE
N45'00'00 "E PER 292 MAPS 26 -28
19.87'
N89'58'10 "E 181.05'
S89'58'10 "W 176.95'
S45 °00'00 "W
19.88'
N90'00'00 "W APN
8,92' 143 - 930 -003
LANDS OF
ARTHUR BROS. INVESTMENT CO.
LOT 3
292 MAPS 26 -28
N89 °58'10 "E 200.00'
APN
143- 930 -002
LEGEND
P.O.C> =POINT OF COMMENCEMENT
T.P.O.B. =TRUE POINT OF BEGINNING
PARCEL LINE
CENTER LINE
® TEMPORARY CONSTRUCTION
EASEMENT AREA
Y I _ _, AREA
O ON t U L T I N S ■ N S I N■ N N! TEMPOkARY EASEMENT AREA
2,057 SF
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EXHIBIT I4 „sly
ARTHUR BROS. INVESTMENT CO.
TEMPORARY CONSTRUCTION EASEMENT
IN FAVOR OF
THE CITY OF ROHNERT PARK
cale: 1 " =40' Date: 1/26/05
N. AEH APN SIAM N0.
K. ,0 143 -930 -003 1 OF 1
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of Sonoma
On - ea -, -i- !0% ` � before me, uE �'�,
DATE NAME, TITLE OF OFFICER"
personally appeared J �t -j E z2_
NAME(S) OF SIGNER(S)
Personally known to me OR ❑
E� LESLIE M. KATZ
'- COMM. #1525271 ?-
NOTARY PUBLIC -CALIFORNIA n
SONOMA COUNTY -+
My Comm. Expires Nov. 8, 2008
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 acknowledge 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 o
which the person(s) acted, executed the instrument.
my hr and offcipT seal
i r / 4 A.—
r
UF'1'10 NAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLADAEED BY SIGNED
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE