1972/05/15 City Council Resolution (5)RESOLUTION HO * x . AND ACCEPTING COVENANT 4
GARRISON PACIFIC PROPERTIES
%PULY AND REGULARLY ADOPTED this 15th day of May, 1972.
CITY OF R.OHNERT PARK
Mayor
AYES 5 Councilmen Beary, Flores, Hopkins, Smith, and Roberts
NOES None
ABSENT None
ATTEST ® ,
Deputy City Crk
COVENANT RUNNING WITH THE LAND
(Future Right Hand Turn Lane)
WHEREAS, the undersigned, GARRISON PACIFIC PROPERTIES, a
California corporation, is the owner of certain property at the
intersection of Commerce Boulevard and Rohnert Park Expressway,
formerly being a portion of a parcel of land commonly referred to
as Sonoma County Assessor's Parcel No. 143- 050 -11, and
WHEREAS, on or about the 20th day of December, 1971, the said
GARRISON PACIFIC PROPERTIES did apply for and was granted a lot
split approval and site plan and architectural approval from the
CITY OF ROHNERT PARK for a development known as the Park Plaza
Shopping Center situated upon said property, and
WHEREAS, as a condition of the approval of said lot split and
site plan and architectural approval, the CITY OF ROHNERT PARK did
require that the said GARRISON PACIFIC PROPERTIES, execute a covenant
running with the land, that GARRISON PACIFIC PROPERTIES, its successors,
or assigns, would, when required by the CITY OF ROHNERT PARK, provide
at no cost to the City, the right of way for an additional right hand
turn lane from Commerce Boulevard easterly onto the Rohnert Park
Expressway, and
WHEREAS, the undersigned acknowledges that the present and /or
future need for said additional right hand turn lane arises from
the proposed development by GARRISON PACIFIC PROPERTIES of the
Park Plaza Shopping Center upon said property.
NOW, THEREFORE, the undersigned, GARRISON PACIFIC PROPERTIES,
a California corporation, on behalf of itself, its successors and
assigns, does hereby covenant, promise and agree that at such time
in the future as may be required by the CITY OF ROHNERT PARK, at
its sole discretion, but not before January 1, 1982, GARRISON
PACIFIC PROPERTIES, its successors and assigns, will provide, at
no cost to the City of Rohnert Park, the land described in Exhibit
"A" attached hereto and by reference thereto incorporated herein as
though fully set forth, for a right hand turn lane from Commerce
Boulevard to the east bound traffic lanes of the Rohnert Park
Expressway.
It is the intention of the parties that this covenant shall
be binding upon GARRISON PACIFIC PROPERTIES, its successors and
assigns, and shall run with and attach to the ownership of that
certain real property situated in the CITY OF ROHNERT PARK, County
of Sonoma, State of California, and more particularly described in
Exhibit "B" attached hereto and by reference thereto incorporated
herein as though fully set forth.
DATED this day of 1972•
GARRISON PACIFIC PROPERTIES,
a California corporation
Secretary
STATE OF CALIFORNIA) ss.
County of Sonoma )
On April 12 1972, before me, the undersigned,
a Notary Public in and for said State, personally appeared
R. Leonard Garrison known to me to be the President,
and Linda B. Garrison known to me to be the Secretary
of the corporation that executed the within instrument, known to me
to be the persons who executed the within instrument on behalf of
the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal
OFFICIAL SEAL _
KATHRYN J. LOGUE
NOTARY PUBLIC - CALIFORNIA Not y P llc
PRINCIPAL OFFICE IN
i SONOMA COUNTY
My Commission Expires Oct. 14, 1974
-2-
Exhibit "A"
Being a parcel of land in the City of Rohnert Park, Sonoma County,
California, and being more particularly described as follows:
Commencing at a 3/4 inch iron pipe monument that bears a2 °44140 "W,
112. 00 feet from Engineer's Station 50 +50. 00 as shown on a Map entitled
"Sonoma State Expressway Right of Way ", dated July 1964,. and on file
in the office of the Sonoma County Surveyor, said point being further,
described in that certain deed recorded in Book 2139, Official Records,
page 63, Sonoma County Records; said point of commencement is
further described as bearing N88 °17'10 "E, 212.04 feet from the inter-
section of the southerly right of way line of Rohnert Park Expressway,
formerly Sonoma State Expressway, and the westerly right of way line
of the Northwestern Pacific Railroad; thence along said southerly right
of way line of Rohnert Park Expressway N84 °41'40 "W 1208. 96 feet
to a 3/4 inch iron pipe monument; thence curving to the left from a
tangent which bears N87° 15'20 "W, with a radius of 9942. 00 feet, through
an angle of 3 °21'00" a distance of 581. 30 feet to a 3/4 inch iron pipe
monument; thence S89 °23'40 "W, 176.70 feet; thence leaving said right
of way line SO °36'20 "E 4.00 feet to the point of beginning; thence south-
westerly along a curve to the left from a tangent bearing S89 °23'40 "W
with a radius of 50. 00 feet, through an angle of 90 °00132", a distance
of 78.55 feet; thence SO °36'52 "E 146.01 feet; thence S89 °23 "40" W,
12. 00 feet to a point on the easterly right of way line of Commerce Boulevard;
thence along said Commerce Boulevard right of way line -NO' 36'5Z" W,
171. 01 feet to a tangent curve to the right; thence leaving said right of way line
along said curve with a radius of 25. 00 feet through an angle of 90° 00' 32" a
distance of 39.27 feet; thence N89 °23140" E, 37.00 feet to the point of beginning.
Contains 0.0632 acres, more or less.
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Gonz.i; z.. & Obc rkainncr
Civil Engineers, In
Description
Rohner t Plrk Shopping Center
Being a part of the Cotati Rancho, more particularly described as' follows:
Commencing at the southwest corder of the lands of the Rohnert Park Induzstria*
Development Company as described in that Deed recorded in Book 1498 of Sonoma :
County Official Records at page 243, from which point of commencement Engineers
Station C, 320 +31. 48 P. I. on the centerline of the Freeway bears South 24 °.41,
20'1 West, 233. 98 feet as the same is shown on the Sonoma State Expressway Right -
of Way Maps dated July 1965, filed in the office of the 'County Surveyor of Sonoma
County; thence from said point of commencement and along the isoutherly line of
said Rol-inert Park Industrial Development Company North 89 °53100" East, 198. 29
feet to a point in the easterly right of way line of Commerce Blvd.; thence leaving-
said southerly line and along said right of way line on a curve to the right from *a
tangent that bears North 18 °06118" .East, having a radius of 460. 00 feet, through a,
central angle of 57'13126", an arc length of 459. 42 feet; thence on a curve to the
left from a tangent that bears North 75 °19144" East, having a radius of 540. 00
feet, through a central angle of 75 °5613611, an arc length of 715. 75 feet to the
TRUE POINT OF BEGINNING; thence North 0 °3615211 West, 496.38 feet; thence
leaving said easterly right of way line on a curve to the right, tangent to the
pre ceding course, having a radius of 25. 00 feet, through a central angle of 90 °
0013211, an arc length of 39. 27 feet to a point in the southerly right of way line of
the Sonoma State Expressway as described in Book 2139 of Sonoma County Official
Records, at page 62; thence along said southerly right of way line North 89'2314011
East, 213. 70 feet; thence on a curve to the right, tangent to the preceding course,
having a radius of 9942. 00 feet, through a central angle of 0 °5911411, an arc length
of 171. 33 feet; thence leaving said southerly right of way line South 0 °3615211 East,
929. 53 feet; thence South 89 °2314011 West, 276.93 feet; thence South 38 °57'24"
West, 113. 00 feet; thence North 51 °02136" West, 239. 78 feet to a point on the
easterly right of way line of Commerce Blvd. , granted to the County of Sonoma
by Deed in Book 2139 of Sonoma County Official Records, at page 62; thence along
said easterly right of way line on a curve to the left whose radius point bears
North 51 °02136" West, having a radius of 540. 00 feet, through a central angle of
39 03411511, an arc length of 372. 94 feet to the true point of beginning.
Containing 9. 371 acres more or less.
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