2015/02/24 City Council Resolution 2015-032RESOLUTION NO. 2015 -032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE CITY'S GRANT OF A MULTI -USE
PATHWAY EASEMENT TO SONOMA MARIN AREA RAIL TRANSIT DISTRICT
FOR PROPERTY BETWEEN 850 -FEET NORTH OF EAST COTATI AVENUE AND
COPELAND CREEK AND AUTHORIZING THE EXECUTION AND RECORDATION
OF AN EASEMENT AGREEMENT
WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) received support
from voters in Sonoma and Marin Counties to develop rail service and Multi -Use Pathway
(MUP) to that will benefit residents in both counties; and
WHEREAS, SMART analyzed the environmental impacts of the Multi -Use Trail in its
Sonoma - Marin Area Rail Transit Project Final Environmental Impact Report, dated June 2006,
in accordance with the California Environmental Quality Act, and found that the impacts were
not significant or adopted a Statement of Overriding Considerations for the project with respect
to significant impacts; and
WHEREAS, SMART has applied for and received a commitment of federal grant funds
to construct the portion of the MUP that serves the City of Rohnert Park (City) in 2015; and
WHEREAS, SMART has identified a preferred alignment for the MUP that is located on
City property between approximately 850 -feet north of East Cotati Avenue and Copeland Creek;
and
WHEREAS, the Planning Commission will be considering whether the conveyance of
the easement to SMART is in conformity with the General Plan, as required by Government
Code section 65402; and
WHEREAS, the City has reviewed the preferred alignment and agrees it provides
benefits to the City in the form of increased separation of bicycle and pedestrian traffic from the
rail traffic; and
WHEREAS, the City is conveying the easement in consideration of the public benefits to
the City and its residents; and
WHEREAS, SMART has requested that the City provide it with an easement over the
preferred alignment and such easement must be agreed to by March of 2015 to preserve the
federal funding commitment; and
WHEREAS, both the City and SMART desire to enter into a Grant of Multi -Use
Pathway Easement Agreement for the purposes of addressing the construction and maintenance
of the MUP on City property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Grant of a Multi -Use Pathway Easement to
Sonoma Marin Area Rail Transit District, a Public Agency, for constructing and maintaining a
multi -use pathway, effective upon a finding by the Planning Commission that the conveyance is
in conformity with the General Plan.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park upon
a finding by the Planning Commission that the conveyance is in conformity with the General
Plan, including execution of the Grant of Multi -Use Pathway Easement Agreement in
substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor
modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 24t" day of February, 2015.
�E
oAnne M. Buergler, City Clerk_
1.
Attachment: Exhibit A
CITY OF ROHNERT PARK
Amy O. Ahanotu, Mayor
CALLINAN: AJE MACKENZIE: ( STAFFORD: A %W I BELFORTE: CA-iC AHANOTIJ: Me
AYES: ( L ) NOES: ( 0 ) ABSENT: ( ► ) ABSTAIN: ( b )
2015 -032
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 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF MULTI -USE PATHWAY EASEMENT AGREEMENT
This MULTI USE PATHWAY EASEMENT AGREEMENT ( "Agreement ") is made
and entered into effective as of this day of 2015, by and between THE CITY
OF ROHNERT PARK, a municipal corporation (the "Grantor" or the "City "), and THE
SONOMA MARIN AREA RAIL TRANSIT DISTRICT, a public agency created pursuant to
California law, hereinafter called "SMART" (the "Grantee ").
RECITALS
A. Grantee desires to construct a Multi Use Pathway and associated improvements
(the "Pathway "); and
B. Grantor is the owner of that certain real property located in Rohnert Park,
California, more particularly described in the legal description attached hereto as Exhibit "A"
( "Grantor's Property "); and
C. Grantee has requested that Grantor grant a non- exclusive easement over Grantor's
Property for use as a Multi Use Pathway, more particularly described in the legal description
attached hereto as Exhibit `B" ( "Easement Area "); and
D. Grantor is willing to grant to Grantee and Grantee is willing to accept a non-
exclusive easement over that portion of the Grantor's Property defined as the Easement Area for
use as a Pathway, on the terms and conditions as provided herein.
NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions
hereinafter set forth, Grantor and Grantee herby agree as follows:
L Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a
non- exclusive easement ( "Easement ") over and across the Easement Area for the
purpose of enabling the Grantee to design, construct, install and maintain a Pathway
OAK #4819- 7226 -5248 0
for use by the public on the terms and conditions set forth herein. Grantee agrees and
acknowledges that the Easement Area is subject to an easement in favor of the
Sonoma County Water Agency and that Grantee is obtaining any and all required
consents to mutual use of the Easement Area. Grantee shall waive, release,
indemnify, protect, defend and hold harmless Grantor and its officers, managers,
directors, representatives, agents, employees, transferees, successors and assigns 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 shared use of the Easement Area.
2. Donation. This grant of Easement will provide public benefits to the citizens of
Rohnert Park by creating and allowing for a Pathway for public use. This public use
and benefit is adequate consideration for the grant of Easement and the Easement is
therefore conveyed with no monetary consideration. It is mutually understood that
Grantor is granting the Easement described herein to Grantee for no monetary
consideration. Grantor, having initiated this donation, has been informed of the right
to monetary compensation for the Easement Area and hereby waives such right to
compensation.
3. Installation and Construction of Pathway. The Pathway is to be constructed by
Grantee, at Grantee's sole cost and expense, in a good and workman -like manner by
licensed contractors in accordance with plans and specifications approved by City,
which approval shall not be unreasonably delayed, denied or conditioned. Grantee
must obtain an encroachment permit from the City prior to beginning construction,
which permit will include, among other things, the requirement of Grantee to provide
liability insurance and a bond to ensure completion of the work. The City shall not
unreasonably delay, deny or condition the issuance of the encroachment permit to the
Grantee.
4. Restrictions on Use of Easement Area. The Easement Area shall not be used for any
purpose other than as a Pathway. Unless agreed to by all Parties, 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.
5. 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.
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6. Condition of Easement Area. Grantee accepts the Easement Area in its "AS -IS,"
"WHERE -IS" condition and "WITH ALL FAULTS." Grantor makes no
representations or warranties of any kind or nature concerning the Easement Area.
7. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless Grantor
and its 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,
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 Easement Area 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.
8. Insurance. Prior to beginning any construction or use of the Easement Area, Grantee
shall obtain and maintain through the life of the Easement, with an insurance
company authorized to do business in California that has a rating of A:VII or better in
the most recent edition of Best's Insurance Report, commercial general liability
insurance with respect to the Easement Area for the joint benefit of City and Grantee
in amounts of not less than $1,000,000 for injury or death to any one person, and in
an amount not less than $2,000,000 for injury or death to more than one person in any
one occurrence, and for property damage in an amount of not less than $500,000 per
occurrence. The amounts of such commercial general liability insurance may be
increased from time to time as City may reasonably determine. City shall be named
as an additional insured under the commercial general liability policy. Grantee's
commercial general liability insurance policy shall contain language stating that it is
primary and non - contributing with any insurance, self - insurance or joint self -
insurance maintained by City. Each policy shall contain an endorsement that the
policy shall not be cancelled or coverage reduced except upon 30 days (or 10 days for
non- payment of premium) advance written notice to the City. Grantee shall furnish
City with copies of certificates of insurance evidencing the existence and amounts of
OAK 44819- 7226 -5248 v3 3
such insurance, satisfactory to City, on an annual basis. To the maximum extent
permitted by the insurance policy, Grantee hereby releases City from liability and
waives all right to recover against City for any loss from perils insured against under
Grantee's insurance policy, including any extended coverage and endorsements to
said policies.
9. 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.
10. No Assignment. Grantee may not assign its rights under this Agreement without the
prior written consent of Grantor, which may be granted in Grantor's sole and absolute
discretion.
11. 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, subject to the assigmnent provisions in Section 9.
12. 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.
13. Term of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
14. 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.
15. 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.
16. 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
OAK #4819- 7226 -5248 0 4
a weekend or holiday, the time for performance shall be extended to the next business
day.
17. Possession. It is agreed and confirmed by the parties hereto that, notwithstanding
other provisions in this Agreement, the right of possession and use of the Easement
by Grantee, including the right to remove and dispose of improvements, shall
commence upon the date of full execution of this Agreement.
18. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deerned an original, and when taken together they shall constitute
one and the same Agreement.
19. 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.
If to Grantee: Sonoma Marin Area Rail Transit
5401 Old Redwood Highway #200
Petaluma, CA 94954
Attn: Real Estate Manager
Phone: 707 - 794 -3069
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager
Phone: 707 -588 -2227
Email: admin @rpeity.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
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[Signatures on the Following Page]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
Sonoma - Marin Area Rail Transit District,
a public agency
Bv:
Name: Farhad Mansourian
Title: General Manager
RECOMMENDED:
By:
Name: James Flagollet
Title: Legal Counsel
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GRANTOR:
City of Rohnert Park,
a municipal corporation
Bv:
Name: Darrin Jenkins
Title: City Manager
APPROVED AS TO FORM:
By: _
Name
Title:
Michelle Kenyon
City Attorney
ACKNOWLEDGMENT
A notary public. or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
ss
County of )
On , before me,
Date (Name of Notary)
notary public, personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Signature)
OAK #4819- 7226 -5248 0 8
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
ss
County of )
On , before
Date (Name of Notary)
notary public, personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WTTNESS my hand and official seal.
(Notary Signature)
OAK #4819- 7226 -5248 0 9
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Parcel One
Being Lot D as s1lown on that map entitled-Colegio Vista Unit 3" filed for record ill
Book IS4 of Maps Pages 47 through 49. Sonoma County Records.
APN 143-480-011
Parcel Two
Beim* Parcel A as shown on that certain map entitled "Unit No. I Llano Subdivision-
filed for record in Book 204 of Maps. Pages 28 through 30 Sonoma County Records,
APN 143-622-037. 143-632-015 and 143-691-013
Parcel Three
Being Parcel A as shmvil on that certain map entitled "Union No. 2 Llano Subdivision"
filed for record in Book 220 of Maps. Pages 50 through 52 Sonoma County Records.
APN 143-702-011 and 143-71-1-034
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EXHIBIT B
LEGAL DESCRIPTION OF THE MULTI USE PATHWAY EASEMENT AREA
Paye 1 of 2
1j€q; " "sin ow City of 16.-Ariert ldaa, C Amirnty of Sonoma, . taw- of C..aliCorn a, an.d bin
ar pahon of Ole wAs or nr4 of ]kol non Park. a 1:eolitieal subdivision as" i,'ksaibed by
(jl"LIli f)ee(l 1,,ecorded in t o,rll 2763 l3age, 769, ,e'ind a ptt7°iori o th [ands of Cily of
liohrrr:rt I'itrkl a nitli.iCi al CorrDI'AiOn <1 described by (Irani O.lp;'ed tlo.,, :-1ded ill Boc-'k
at Pap
,L 987 Official Mcords or 1i51tt'tna Counly, respediv£., anti being portion of
the lands dedicated to be t..'.iq of R aNw t I%, as Farccl A as shown on tha- I Qalain
Ijap cn6 la ` Init Nit, ) Llano StrlldhiY,im. tiled fcir record in Botok 120 ofNl &ip'a , at
Pages 5U throupf 52, Siillonm County Records. soifi portions b6n, it oiv particularly
PARCEL ONE
lit iris; a wip of land 2100 icot in width, dx' wemerly line of said strip being rtlor
IN rliculrlrl y rl sail d a's 1 61lows.
Begirliling lit the point of inun.- sc0d",,, of the t,unk)rn a 'Iari n Ai a Rail Transit nsit L)istrict.
a 'Ntj`tt i J ea terly t'i} l,l of ixay Ihw and ill%:: nowt mwtholy comer of lmt [has shown on
that Certain iliz.,111 `'tit.dc"'l ' ( xdq�ja vi.-,w t "nil ,,. I'110 l lilt' r*sr:r =rd in Bk)47k 1841 or lS ,aps.
PaVs 47 Mrm4h 4% Mr, rna Milr3 l5curdy tlwnec Saari h 259910" 0 Ent 694Y) tier
along the ceir'r'tnieail line pwvki3ccn mid d h lai°-: of Sli' AI` 1 and L..sll t) to a point on the
c "on tl on titre of i tid Lot D 'pd die northa ly light tat Nva lira: rai, S"ouIh'west Bottlevard
also heilg Ole POi.r;t ofTr;]~ninli,
`bite ea'gtl•rly lira. Of .s,ticl 25.00 ,vide :aril, .- A-iall -, o or .>horterled so as to
taw haw to m'ar h at the nor- therly Itlse o add f art 1) € nti Io the Roudi at the northerly right
(if way line of ,saidl tillt'ixest. Boulevard.
t"'.t; nta iliitg 0- 39 �"'kju are l o't n1ore or less
Beirig it porticnl Ol' APTI$ 141-4 80-01 1.
PARCEL TWO
Being it snip of l% nri '2.`g.litl feet ka ''yvidtll, til , ,vcstorty Hne or said snip icing moo
Beginning at thce poiti of of the ` or. k ww, -Mann Arc-=it Rail Tran's -it District
t: S yf A I'Z."l ;t cwsI wrly € ight ling and be ras5l tll it N ,cs. rl'% c+.,riia CW UK =A" as .113::dwn
ori, diait cerrain rnMi q,iit ded Unit ',No- t 1- la.r:o Si_tiltiltti 1 ,ioj-j . AtliFltf fiw rt.eord in Book ' 004
(tt Nlap.,, Pages 28 11woT.9gh 30. Omuta CotEl' '< R 'alydsa ifi n x' ',ikmig the Common lllle
ciwk en said larlds til SMAH l and dw viestaly Fine of said flan el "A.", SIX!tll 25134120"
Fag 134111 t'i`t: °1 10 a 110ilrt ()ri the 4 or,"'n -ri in l €tip", he l"v e n said Unit No, l L10,1to
Sub(li'+re,ki and 1. bt No. 2 1 1l:rro Sirbdilsimi hQ d in Book 222 of tat tps, Pages 50
OAK #4819- 7226 -5248 v3
EXHIBIT B
LEGAL DESCRIPTION OF THE MULTI USE PATHWAY EASEMENT AREA
Fla e2e 2 of 2
through, 50 ,52, Stmiuma Coum Rccords, tli,'- nc
,,e along fli c. ckiqnmmi linc betwecn,.aid
W& of SMAwr md Unit Nu, 2 1-1ano Sakiklivis,ion, South 2�"31)'20" Fast 1399.93 Oct
to a pot! UmL burs North 25 West 81.45 6,-im fiom the mm[hedz bouridary line of
Raid LhAt No, 2 Ll.. nu SuMsban and being Ow PoW of 10minw,
The easterly line of W 25MO NAle Ail! shatl bc extended 01- S110FLeMcd so as to
wnninate to north at ffi c common lia2 c4 bdwmn W"Wst Boulvard Lmd std Pamet
-A". and to the south at a rwhvt a; dght angle iawusurvrocnt 25,00 (i ct custerly
PAM of Terminus,
Comaining 1,57 Acre) more or lcs.
BeingapurtknoWN 14302503T 1-13-6,12-0;-S, 1.,13-7021-0'11 S-- 143-
712-03C
bei4'
Itecord of survey Wed in B(,i0% 741 of Maps. Pagos I 14ougi M Sonma CuuMv
R=oM% All distanu; dcscribe,d hurcin arc grid, vflu-s,
Prepared by C.inquinity llasurino., In e,
mes W, jic,- F-H -F9.1151
We
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