2015/04/28 City Council Resolution 2015-079RESOLUTION NO. 2015 -079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A DRAINAGE OUTFALL AND PUBLIC/PEDESTRIAN /TRAIL
EASEMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK, REDWOOD
PARK ESTATES HOMEOWNER'S ASSOCIATION AND UNIVERSITY DISTRICT
LLC AND AUTHORIZING THE CITY MANAGER TO SIGN
WHEREAS, The Conditions of Approval for the University District Development
require the Developer to secure an easement over property owned by the Redwood Park Estates
Homeowners Association, directly west of the University District development and along the
south bank of Hinebaugh Creek in order to provide for connectivity between the City's
Hinebaugh Creek trail and trails constructed by the University District Developer and to allow
for the installation of an outfall pipe from the Vast Oaks Detention Basin into Hinebaugh Creek;
and
WHEREAS, the Easement Agreement provides for the construction and maintenance of
the trail, outfall and associated landscaping and fences in a manner that minimizes the future
costs for the City; and
WHEREAS, the Easement Agreement was approved by the Redwood Park Estates
Homeowner's Association approved the Easement Agreement at its meeting of March 31, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby accept the drainage outfall and public /pedestrian /trail easement as
described in the agreement included as Exhibit A.
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 28th day of April, 2015.
I�1!F, I 'R" PARK
Amy O. Ahanotu, Mayor
ATTEST:
�r
IAn ne M. B�.�cal lei, City (.�lerk
ABSTAIN MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE AHANOTU: AYE
AYES: ( 4 ) NOES: ( 0 ) ABSENT: (0 ) ABSTAIN: ( )
This Document is Recorded
For the Benefit of the City
of Rol-irtert Park ,indis
Exenipt frorn Fee Pei, h i h, A
Governinent Code
Sections 61032 an(] 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avrain Ave,
I
Rohned Park, (7A 94928
SPACT ADOVE MIS UNF R)K KFC0RL)FR1,,,' USIF
DRAINAGE OUTFALL AND
13 U B L I C PEDESTRIAN/BICYCLE TRAIL EASEMENT AGREEMENT
']'[.us DRAT NAGiF 01-A"FA1.1, AND P1i BLIC'1'E1.311 ,
f,'ASf'""IN4F�"IN'I'ACiR[,'U°'M.f,"N'I'(,this "Agreement"') is ritade and entered into cff' ctive this
(lay of --- 2015, by and between the City of Rohriert Park, a, municipal
corporation (the "Grantee"), (lie 1 edkvood Park Estates Homeowner's Association., a
California mutual benefit corporation (the "Gorantor") and University l3istrict LI-C, a
Delaware limited liability company ("Developer").
RECITALS
A. (Jratuor is the owner of that certain real property located in the (" ity of Rohnert
Park, County of Sonoma, State of Cali 66rnia, as more particularly described in the legal
description attached hereto as I'Ahibit "A" (the "RPE Property").
13, Grantee has approved as residential prqject ("University District") on that
I
certain real property in-itnediatelyad ' jacent to the easterly boundary of the R111, property and
has required Developer to assist it in obtaining an easement over certain portions ofthe R,11.11,"
property, as inure particularly described in the legal description attached hereto as Exhibit "B"
and illustrated in Exhibit "C" (the "Easement Area"), for the purposes of improving the
Easement Area with drainage line and outi'all from the Vast Oak Detention Basin for
drainage into Hinebaugh (.'reek, creating a PUhliC pedestrian/ bicycle trail over and across a
portion of the .RPE Property, installing Fencing aiid.landsc,,.i,l)i rag ,across a portion ofthe RPI,"
L� -�'asenicru Area for drainage, niaintena-rice and pedestrian/
Property, and continuing to USe the I-,
bicycle purposes.
(1, Grantor is prepared to grant. to Grantee a non-exclusive easenlent over the
Easement Area for the purpose of constructing a drainage line and outf all frorn the Vast Oak
Detention Basin 4'or drainage into flhicbmigli Creek, a public pedestrian/bicycle trail over and
C-1
across a portion ol'the RPE Property, fences and landscaping across a, portion ofthe RPE
RPE Easement Agreement 0331 15
property as illustrated in "Exhibit D", and continuing to use the Easement Area for drainage,
trail and maintenance purposes,
D. Grantor and Ch-antec and Developer acknowledge that Grantee will assign
responsibilities for constructing and maintaining improvements in the Easernent Area to
Developer as more particularly described in Section 3 - Assignments. Particularly, Developer
will fund and complete the construction of all improvements to the Pasement Area,
E. Grantor and Grantee acknowledge that Developer intends to form a home
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owner's association to manage Developer's neighboring property (the "XJD Association"), at
%vhicb point Developer will have the right to assign its rights and obligations for maintenance
to the Association, as more particularly described in Section 4 - Assignment.
I
Grantor is willing to grant such easements and Grantee is willing to accept such.
casements on the terms and conditions as provided herein.
NO W, TI ll-,Rf FORE, for valuable consideration, the receipt and sufficiency of.'
which is hereby acknowledged, Grantor, Grantee, and Developer hereby agree as follows:
2. Restrictions on Us c of the I cisement Area. The F.asenient area shall not be
used for any purpose other than for drainage, trail, fencing, and landscaping purposes,
including all activities necessary to construct,, operate, maintain and repair facilities that
support these uses as shown on Exhibit "C",
1111prpygments, in the Fascincin Are.,A, The specific improvements located in the
� I I--,.--,-, . . . . . . . . . ..... ........
Easement Area are:
RPE Easement Agreement 033115
2
across the Easement Area;
C, Easement landscaping,
linprovements that are ancillary to the Easement Area but subject to design, construction and
maintenance responsibilities outlined in this Easement Agreement are:
a. the Vast Oak, Detention Basin Fence, which shall eXtCDd along all sides of
4.1 Ass i L, _t lie Grai"itcv U)tlw" DCvolop
Grantee assigns the
following responsibilities to the Developer:
RPE Easement Agreement 03-31-15
A'. �, as sett bit o ili FA,.,, lnevq Area-,
RPE Easement Agreement .03_31_15
4
6. A,qc i I I ary jL,, uci! �!j es
RPEEasernent Agreement x)'.....31...._
15
1101160 I'll , "I M 11MUMMMITATI UM "-
Section 47 exCePL Ural any UUMUgC WIL11111 UIC f�WiUll= ?7=1711 17 UMLL,774 uY I
by any of Grantor's lessees, licensees, permitees, agents, crnployees, contractors, and/or
assiLyns shall be t)rom)2t]l rel2aired bN, Grantor, at its sole cost and expense,
8.2 If Developer fails to correct, remedy, or cure or has not commenced
correcting, remedying, or curing such Deficiency after notification and after expiration of
any applicable cure period, then Grantee shall have the right, but not the obligation., to
maintain, repair, care for, and, if necessary, replace the Improvements at Developer's
reasonable expense.
9. n Grantor's a Pr(ajCjr,.)LM!i.'�
d N TM,111
Developer shall
fund Grantor's reasonable property management fees and reasonable legal fees accrued in
connection with entering into this Agreement.
RPE Easement Agreement 033115
6
Insm-aace, Developer, and immediately upon assignment assumption as set forth
in Section 4.2 the TJD Association, shall carry insurance in the amounts and subject to the terms
and conditions established by City TeClUirernents, naming Granter and Grantee as additional
insured thereunder for all claims relating solely to the period of construction on the Easement
C, I
Area and installation of the Fences by Developer,
12, 1 Miu, ofOranior. Graritor shall retain the right for itself, and its personal
representatives, heirs, successors', and assigns all rights accruing ftom. its ownership of the
I.-I'asement Area, including the right to engage in or permit or invite others to engage in all
uses of the Easement Area that are nat inconsistent with the terms of this Agreement.
CI
0
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
0
governed by, enforced and construed in accordance with the laws of the State of California.
17, 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' . ...........
If to Grantor:
'_____''.. . . .. . . ............ ------- -- . . . . ....... 111111111111 . . . . ...... . . .....
Redwood Park Estates Homeowners Association
6600 Hunter Drive
Rovert Park, CA 94928
Attn: Chet Fitzell
Phone: 707-584-5123
Email: Chet fitzell @ebme, corn
With a - - - -, Y_ —to"
.. ...... . .... ....
6366 Commerce Boulevard 4 300
Rohnert Park, California, 94928
Attn: William A. Gillis
Phone 707-540-9929
Email: wgi&�Cy)
If to Grantee:
- ------------------
City of R.ohnert Park
130 A vrarn Ave.
Rohnert Park, CA 94928
Attn: City Manager
Phone: 707-588-22143
Email: mpawson@lpcity.org.
ith a copy to:
.. . . ..................... . . ....... . . ... .....
Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
Attn: 1901 Harrison Street, Suite 900
. . . .........
Oakland, CA 94 612 . .. . ..... -
RPE Easement Agreement 033115
M
19, C(igj.1ter This Agreement may be executed in any number of counterparts,
_pL _
each of which shall be deemed air original, and when taken together they shall constitute one
and the same Agreement.
20. 1 I'll tire Atkj_:�, pgpt- 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.
(Signature3 on. the Following Page]
RPE Basement Agreement 033115
9
IN WITNESS WHEREOF, Grantor, Grantee and Developer have executed this
Agreement as of the day and year first written.
Redwood Park Estates Homeowners Association, City of Rohnert Park,
a, California mutual benefit corporation a municipal corporation
. . ....... .
By:
7
all . .. ........
Tiflc�
DEVELOPER:
University District LLC,
a Delaware limited liability company
By�,_
Nalne�
'Fitje�-
By:
Name:
Title:
RPE Easement Agreement 033115
10
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
COUNTY OF
. . — . ......... . . . ........................... —
On AVY I 20-J-5 Notary Public,
before menu N�
I VL
personally appeared
. .. ...... .
who proved to me on the basi"sof-' o-r-y`-1ev-i-d evidence to be he person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey 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.
certify under PENALTY OF PERJURY under the laws • the State • California that the foregoing
Itaragraph is true and correct.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this ceffificate is attached, and not the truthfulness, accuracy, or validity of that document,
..... . . . ........... . ...... . .... . -",—
fey��M
M
sgww� `
ZZM2=
personally appeared . .......
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) islare
subscribed to the within instrument and acknowledged to me that he/shelthey 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.
R.PE Easement Agreement 033115
11
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document ho which this certificate is attached, and not the truthfulness, aooumoy.orvo|iddyoYihegdocument.
STATE OF CALIFORNIA
COUNTY OF I
personally appeared
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.
| 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.
-�
G�nat6re
A Notary Public or other officer completing this certificate verifies only the identity of the individuowhonignedbm
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF A
On 20___, before me. Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose narl'le(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/herltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
| 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
RPE Easement Agreement 03_31_15
1953%0 to
1/3(00 15
113M
LEGAL DESCRIPTION OF
REDWOOD PARK ESTATES PROPERTY
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ROITNERT PARY, COMqTy Or'
SONOMA, STATE OF CAUFORNIA BEING LOT 246 A, AS SHOWN ON THE MAP ENTGLED
"nDWOOD PARK ESTATES, A P.U,D," RECOIDE P IN BOOK 297 OF MAPS, AT PACLS 34
THROUGH 39, SONOMA COUNTY RECORDS.
1926) 22&0690
P;V19539WIW-1, egals\Le?sts'JZEDWOOD&STAT&9,doe
ix-fumm
J�
Is
"ImayAwda'al,
LINE BEING COMMON TO TBE VVESTERLY LINE OF TRE LANDS OF 140XEH BAY TITLF
COMPANY, AS DESCRIBED IN DOWMENT NUMBER 2000-083152, SONOMA COUNTY
RECORDS,
I iiiii, I p-1 I'll i i I
PORTION OF APN 159 -4 "'X1.001
PREPARED BY -di
iA: ec 1 -5 - 65 T 4 a 1) A 12,
LICENSED L"1) SURVEYOR NO. 8817
(M 12131715) 0—CALI�
STATE OF CALIFORMA
"fil fiR
TiASIMAENT-dbc
mH0 y
SONG MA COUNTY WATER AGENCY
BK 3522 OR PG 588
-1
BOUNDARY OF DESCRIPTION
EXISTING PARCEL
P.O.B. POINT OF BEGINNING
I
I
am.
NORTH BAY TITLE Co
DOC. 2000 —OH 152
UNIVERSITY PARK
(VAST OAK)
CRPUSD
EXISTING FL
OF HINEBAUGH
CREEK 116.5±
EXISTING
PROPERTY LINE
— — — — N__ — —
/
L
CITY TRAIL
CONNECT TO EX. -<
CITY TRAIL SYSTEM
REDWOOD PARK
ESTATES ( "RPE ')
o' lo, 20'
SCALE: 1"=20'
NOTE:
1) EASEMENT AREA TO BE
RE- PLANTED WITH NATIVE GRASSES.
P VAST OAK ' J -- —XX XX— TUBULAR STEEL
E PROP LINE ( EASEMENT FENCE)
(MAINTAINED BY
UNIVERSITY DISTRICT
--------------- I - - - -_— ASSOCIATION)
-� ------ L� - - -- - = - - - -- —XXX XXX— TUBULAR STEEL
/ — -- — -- — -- — — — — — — — ( NORTHERN RPE FENCE)
- - 125.5 - - -
� (MAINTAINED BY RPE)
MON"'
INDICATES REDWOOD PARK
ESTATES PROPERTY TO BE
/ CONVEYED AS AN EASEMENT
cr) �_ TO THE CITY.
I I (4211± SF, 0.10± AC)
co
Cj CHECK
4'VALVE BDX_�N. . F 'o, EXHIBIT D
I
------ - - - - --
2 LINES 1 137' -18" ISD�'p
6' -4 "SD I I REDWOOD PARK ESTATES
VAST OAK EASEMENT IMPROVEMENTS
WATER
I (QUALITY &
DETENTION CITY OF ROHNERT PARK CALIFORNIA
BASIN
I
MACKRY & SOMPS
ENGINEERS PLANNERS SURVEYORS
5142B FRANKLIN DR, PLEASANTON. CA 94588 (925)225 -0690
I I I
I _____!JI1CiU►Y dt
_SWF!jj IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF __