2015/04/28 City Council Resolution 2015-080RESOLUTION NO. 2015- 080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A GRANT OF PUBLIC ACCESS AND UTILITY EASEMENT
AGREEMENT WITH THE RESERVE LLC AND AUTHORIZING THE CITY
MANAGER TO SIGN
WHEREAS, The Reserve LLC development located in the Stadium Lands Planned
Development Area has been required to design its public water and recycled water laterals across
its private property in order to accommodate the construction of Dowdell Avenue; and
WHEREAS, the maintenance of the public water and recycled water lateral is the
responsibility of the City; and
WHEREAS, the Developer of the Reserve at Dowdell has executed a public access and
utility easement agreement to allow for these future maintenance activities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby accept the Grant of Public Access and Utility Easement Agreement with
the Reserve at Dowdell LLC for the purpose of maintaining the service laterals.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park in
substantially similar form to Exhibit A.
DULY AND REGULARLY ADOPTED this 28"' day of April, 2015
CITY O OHNERT PA2K
F � l
Amy O. Ahanotu, Mayor
ATTEST:
JoAnne M. Buergler, Cit
CALLINAN: POTAIN MACKENZIE: tom_ STAFFORD: ME7 BELFORTE: M- 0 AIIANOTU: fX-1 E
AYES: ( H ) NOES: ( 0 ) ABSENT: ( v ) ABSTAIN: ( 1 )
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Govermnent Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Exhibit A to Resolution
SPACE ABOVE THIS LINE FOR RECORDER'S USL
GRANT OF PUBLIC ACCESS AND UTILITY EASEMENT AGREEMENT
This PUBLIC ACCESS AND UTILITY EASEMENT AGREEMENT (this
"Agreement ") is made and entered into effective as of this 3`d day of February, 2015, by and
between The Reserve, LLC (the "Grantor "), and the City of Rohnert Park, a municipal
corporation (the "Grantee "), with reference to the following facts and intentions:
RECITALS
A. Grantor is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as The Reserve,
Rohnert Park, California (APN 143 -040 -131 and 143- 040 -127) (the "Property "); and
B. The Grantor has approvals to develop its property that are conditioned upon
providing public access and utility easements in favor of the Grantee; and
C. Grantor is willing to grant to Grantee and Grantee is willing to accept easements
over those certain portions of the Property more particularly described in the legal description
attached hereto as Exhibit "A" (the "Easement Area "), for the purpose of public access and
utilities on the terms and conditions as provided herein.
NOW. THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns,
a non - exclusive, perpetual easement in, on, over, under, across, and through the Easement Area
for public access and public utilities uses on the Property (the "Easement "), together with all
necessary and convenient means of ingress and egress to and from said Easement at all times, on
the terms and conditions set forth herein.
OAK 114822- 1985 -9231 vi
For the purposes of this Agreement, the right to use the Easement Area for public access
shall include the installation, construction, repair, replacement, maintenance, operation,
inspection, restoration, modernization and use of interior travel lanes and sidewalks and any
other activity reasonably related to providing public access. For the purposes of this Agreement,
the right to use the Easement Area for public utilities shall include the installation, construction,
repair, replacement, maintenance, operation, inspection, restoration, modernization and use of
public utilities including water, recycled water, sewer, drainage improvements, gas, electrical,
and other utilities and associated improvements including pipelines and conduits and overhead
utilities including electrical utilities and associated improvements including poles, wires and
antenna and any other activity reasonably related to maintaining public utilities.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than as a public access and utility easement. The Parties agree that no
building, wall, fence, barrier or other permanent structure 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 any no deep rooted tree, deep rooted shrubs or other plants or vegetation be
installed, constructed, erected, placed, planted or maintained in the Easement Area, nor shall the
Parties do anything which shall prevent, impair or discourage the use of the Easement or the free
access and pedestrian movement across the Easement Area.
3. Maintenance of the Easement Area. Grantor may, at its sole cost and expense
without reimbursement, landscape the surface of the Easement Area with any vegetation or
ground cover that is readily removable, (not to include, however, any trees or deep rooted
shrubbery), or make such other use of the surface of the Easement Area that will unreasonably
interfere with Grantees' use and enjoyment of the Easement. Any damage caused by Grantor, or
by any of Grantor's lessees, licensees, permitees, agents, employees, contractors and /or
successors and assigns that occur in the Easement Area, as a result of the Grantor maintaining
the Easement Area shall be promptly repaired, replaced, or compensated for by Grantor, at its
sole cost and expense.
4. Indemnification. Grantor shall, indemnify, protect, defend and hold harmless
Grantee, and its officers, agents, employees, contractors licensees, permittees, transferees,
successors and assigns (each, an "Indemnitee" and collectively, "Indemnitees ") from and
against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited
to, experts fees and reasonable attorneys' fees and costs) and liabilities of whatever kind or
nature (collectively, "Claims "), that arise from or occur in whole or in part as a result of the
actions during the construction or maintenance of the Easement by Grantor or its employees,
agents, representatives, contractors, subcontractors, consultants, or invitees, or the performance
of, or failure to perform, Grantors'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. In the event any action or proceeding is brought against any Indemnitee for any
Claim against which Grantor is obligated to indemnify or provide a defense hereunder, Grantor
OAK 44822 -1985 -9231 vi 2
upon written notice from Grantee shall defend such action or proceeding at Grantor's sole
expense by counsel reasonably acceptable to Grantor.
5. Rights of Grantor. Grantor shall retain the right for itself, and its personal
representatives, heirs, successors, and assigns all rights accruing from its ownership of the
Easement Area, including the right to engage in or permit or invite others to engage in all uses of
the Easement Area that are not inconsistent with the terms of this Agreement.
6. Recordation and Binding on Successors. This Agreement shall be recorded in the
Recorder's Office in the County of Sonoma and, upon such recordation, shall be binding upon
and inure to the benefit of the heirs, successors and assigns of the parties hereto.
7. Exclusivity. The Easement granted hereunder is non- exclusive and Grantor
reserves the right to use and grant other easement rights in and to the Easement Area, subject to
the terms of this Agreement, and provided that such easement rights shall not unreasonably
interfere with the Easement rights granted hereunder.
8. Term of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
9. Attorneys' Fees and Governing haw. This Agreement may be enforced by an
action at law or in equity and in the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be
entitled to recover reasonable attorneys' fees from the other party and any judgment or decree
rendered in such suit shall include an award therefore. This Agreement shall be governed by,
enforced and construed in accordance with the laws of the State of California.
10, Severability. If any provision of this Agreement is determined to be illegal or
unenforceable, this determination shall not affect any other provision of this Agreement, and all
other provisions shall remain in full force and effect.
11. Notices. All notices or demands which either party is required or desires to give
to the other shall be given in writing by certified mail, return receipt requested with the
appropriate postage paid, by personal delivery, by facsimile or by private overnight courier
service to the address or facsimile number set forth below for the respective party, or such other
address or facsimile number as either party may designate by written notice to the other. All
such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any
act or notice required hereunder fall due on a weekend or holiday, the time for performance shall
be extended to the next business day.
If to Grantor: The Reserve, LLC
855 Lakeville St. Suite 200
Petaluma, CA 94952
Attn: Chris Scerri
Phone: 707.206.4041
Email: chris @absconstruct.com
OAK 94822-1985-9231 vl
With a copy to: Hedstrom & Coopersmith
855 Lakeville St. Suite 200
Petaluma, CA 94952
Attn: Brian Hedstrom
Phone: 707.206.4109
Email: bedstrom@handelawfirm.com
If to Grantee: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn:
Phone:
Email:
With a copy to: Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
Phone: 510 - 273 -8780
Email: mkenyon @bwslaw.com
12. Operative Date, This Agreement shall become effective, operative and
enforceable upon the last date upon which a party duly executes this Agreement.
13. Cooperation. Grantor and Grantee promise and agree to use their best efforts to
cooperate together in the performance of the rights and obligations provided for in this
Agreement. Each party shall use their best efforts to perform their rights and obligations under
this Agreement in a manner that is respectful of the others' quiet enjoyment of their property.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and when taken together they shall constitute one and
the same Agreement.
15. 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.
OAK 114822 -1985 -9231 v1 4
[Signatures on the Following Page]
OAK 114822 -1985 -9231 vi
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
City of Rohnert Park, The Reserve, LLC
a municipal corporation
By. By. -
Name Name Chris Scerri
Title: Title: Vice President
OAK 114822 -1985 -9231 v1 6
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 Sonoma )
On February 5, 2015, before me, Laura W. Bongi, a notary public, personally appeared
CHRIS SCERRI, 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.
ary Public, State of Califo Zia
LAURA W. BONGI
Commission # 1965466
Notary Public - California z
Sonoma County D
My Comm. Expires Aug 16, 2016
STATE OF CALIFORNIA
COUNTY OF
On , before me,
Date
Personally appeared
)ss
Name And Title Of O(ricer (e.g."Jane Doe, Notary Public ")
Name of Signers)
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(is), 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.
Signature of Notary Public
(S E A L)
STATE OF CALIFORNIA )
)SS
COUNTY OF _ )
On , before me,
Date Name And Title Of Officer (e. g. "Jane Doe, 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(is), 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.
Signature of Notary Public
(S E A L)
OAK #4822 -1985 -9231 vl 7
STATE OF CALIFORNIA )
)SS
COUNTY OF )
On , before me,
ante Name And Title Of Officer (ag. "Jane Doe, Notary Public ")
Personally appeared
Name of Signers)
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(is), 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.
signature of Notary Public
(S E A L)
OAK 114822- 1985 -9231 vt 8
Exhibit "A"
LEGAL DESCRIPTION FOR
PUBLIC WATER SERVICE EASEMENT
Lands of Bellwether Properties, Inc. a California Corporation
Rohnert Park, California
Lying within the City of Rohnert Park, County of Sonoma, State of California and being
a portion of Lots 3 and 4 as shown upon that certain Parcel Map entitled "Parcel Map
180" filed December 11, 2009 in Book 736 of Maps, at Pages 30 through 32, Sonoma
County Records, said portion is more particularly described as follows:
COMMENCING at the southwest corner of said Lot 3, said corner being marked with a
3/4 inch iron pipe tagged "LS 4760" from which the a 3/4 inch iron pipe tagged "LS
4760" on the south line of said Lot 3 bears South 90 100'00" East 489.95 feet; thence
along the westerly line of said Lot 3, said line being the easterly right of way of Dowdell
Avenue, North 00 000'00" West 17.88 feet; thence along a curve to the right, through a
central angle of 36 °21'45 ", with a radius of 266.00 feet, for a distance of 168.82 feet to
the POINT OF BEGINNING; thence continuing along said curve to the right, through a
central angle of 4'19'26", with a radius of 266.00 feet, for a distance of 20.07 feet; thence
North 40'41'11" East 32.92 feet; thence along a curve to the left, through a central angle
of 2 °25'56'', with a radius of 334.00 feet, for a distance of 14.18 feet; thence leaving said
easterly right of way of Dowdell Avenue South 49 °18'49" East 10.06 feet; thence North
40 °41'11" East 117.12 feet; thence South 49 °18'49" East 16.90 feet; thence South
40 °4 I'll " West 84.27 feet; thence North 49 °18'49" West 25.90 feet to the POINT OF
BEGINNING.
Containing 2,076 square feet more or less.
APN 143 -040 -131, 143- 040 -127
For graphical representation of the above described land see Exhibit B attached hereto
and made a part hereof.
Prepared by Cinquini & Passarino, Inc.
J (% i
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G. Anquini, S. 8614 to
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
'Tel: (707) 542 -6268 Fax: (707) 542 -2106
www.cinquinipassafino.com
CPI No.: 6780 -14
Page I of 1
STATEMENT
THIS PLAT WAS MADE BY ME
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549'18'49 "E _
10.06'
LOT 2 6= 2'25'56"
L= 14.18'
R= 334.00'
N40'41'11 "E
32.92'
A,= 4'19'26"
L= 20.07'
R= 266.00' /
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PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
PUBLIC WATER SERVICE EASEMENT
LANDS OF BELLWETHER PROPERTIES, INC.
A CALIFORNIA CORPORATION
ROHNERT PARK, CALIFORNIA
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N40'41'11 "E
17.12'
8
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LANDS OF
CITY OF ROHNERT
PARK
PARCEL MAP 11\1011, 180 APN 143 - 040 -114
735 MAPS 30 -32
LOT 4
S491 8'49 "E
16.90'
APN 143 - 040 -127
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EASEMENT AREA
2,076 SQUARE FEET MORE OR LESS I �- O
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LOT 3
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APN 143- 040 -131 o
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3/4" IRON PIPE
TAGGED LS 4760�I
489.95' 5.00'
- - N90'00100 "W - - 494.95'
POINT OF BASIS OF BEARINGS
COMMENCEMENT
3/4" IRON PIPE
TAGGED LS 4760
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1 I I
LEGEND
— — — — EASEMENT BOUNDARY
— - - — ADJACENT PROPERTY BOUNDARY
FOUND 1/2" IRON PIPE TAGGED LS 7935
UNLESS OTHERWISE NOTED
FOUND 1/2" IRON PIPE MONUMENT
TAGGED LS 6149
FOUND 3/4" IRON PIPE TAGGED RCE 20160
PUBLIC WATER SERVICE EASEMENT
LANDS OF
COSTCO WHOLESALE CORP
APN 143 - 040 -107
CINQUINI & PASSARINO, INC.
LAND SURVEYING
La BOUNDARY 1360 No. Dutton Ave.
TOPOGRAPHIC Santa Rosa, Co. 95401
D CONSTRUCTION Phone: (707) 542 -6268
0 SUBDIVISIONS Fax: (707) 542 -2106
WWW.CINQUINIPASSARINO.COM
N4918 49 W
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25'90' POINT OF
/ BEGINNING
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�� R= 266.00'
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APN 143- 040 -131 o
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3/4" IRON PIPE
TAGGED LS 4760�I
489.95' 5.00'
- - N90'00100 "W - - 494.95'
POINT OF BASIS OF BEARINGS
COMMENCEMENT
3/4" IRON PIPE
TAGGED LS 4760
I I
1 I I
LEGEND
— — — — EASEMENT BOUNDARY
— - - — ADJACENT PROPERTY BOUNDARY
FOUND 1/2" IRON PIPE TAGGED LS 7935
UNLESS OTHERWISE NOTED
FOUND 1/2" IRON PIPE MONUMENT
TAGGED LS 6149
FOUND 3/4" IRON PIPE TAGGED RCE 20160
PUBLIC WATER SERVICE EASEMENT
LANDS OF
COSTCO WHOLESALE CORP
APN 143 - 040 -107
CINQUINI & PASSARINO, INC.
LAND SURVEYING
La BOUNDARY 1360 No. Dutton Ave.
TOPOGRAPHIC Santa Rosa, Co. 95401
D CONSTRUCTION Phone: (707) 542 -6268
0 SUBDIVISIONS Fax: (707) 542 -2106
WWW.CINQUINIPASSARINO.COM