2015/11/24 City Council Resolution 2015-180RESOLUTION NO. 2015 -180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT OF
TEMPORARY STORM DRAIN EASEMENT AGREEMENT BETWEEN THE CITY OF
ROHNERT PARK AND VAST OAK PROPERTIES L.P. AND A GRANT OF CRANE
CREEK TRAIL EASEMENT AGREEMENT BETWEEN THE CITY OF ROHNERT
PARK AND UNIVERSITY DISTRICT LLC AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE EASEMENTS AND TAKE ANY OTHER NECESSARY
ACTIONS
WHEREAS, the Conditions of Approval for the University District development,
approved by Resolution N0. 2014 -035, require the Developer to provide drainage easements over
the northerly portion of its project between Keiser Avenue and Hinebaugh Creek; and
WHEREAS, the Conditions of Approval for the University District development and the
Amended and Restated Development Agreement by and among the City of Rohnert Park,
University District, LLC and Vast Oak Properties, L.P., recorded in the Official Records of
Sonoma County as Document No. 2014051817, also require the Developer and to provide an
offsite public /pedestrian/trail easement to facilitate connection between the City's trail system
and Crane Creek Regional Park; and
WHEREAS, in order to comply with the Conditions of Approval and terms of the
Development Agreement, Developer has prepared a Grant of Temporary Storm Drain Easement
Agreement, included as Exhibit A to this resolution ( "Temporary Drainage Easement ") and a
Grant of Crane Creek Trail Easement Agreement, included as Exhibit B to this Resolution
( "Crane Creek Trail Easement ").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Temporary Drainage Easement and the Crane Creels Trail
Easement, attached as Exhibits A and B, respectively.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Temporary Drainage Easement and the Crane Creek Trail Easement Agreements
for and on behalf of the City of Rohnert Park, in substantially similar form to Exhibits A and B,
respectively, with minor changes approved by the City Manager and City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
certificates of acceptance accepting the easements and to take such further actions and execute
such documents as may be necessary to effectuate the grants of easement.
DULY AND REGULARLY ADOPTED this 24th day of November, 2015.
CITY OF ROHNERT PARK
Alkr)
Amy O. Ahanotu, Mayor
ATTEST:
_ _ t Y
1 J Anne M. Buergler, City Clerk
l
Attachments: Exhibits A and B
CALLINAN:� MACKENZIE: � e STAFFORD: .! I 1 le BELFORTE: AHANOTU: j
AYES: ( 4S ) NOES: ( 0 ) ABSENT: ( Cif ) ABSTAIN: ( (-) )
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 6103 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 TEMPORARY STORM DRAIN EASEMENT AGREEMENT
This TEMPORARY STORM DRAIN EASEMENT AGREEMENT (this "Agreement ")
is made and entered into effective as of this day of , 2015, by and
between VAST OAK PROPERTIES L.P. (the "Grantor "), and the City of Rohnert Park, a
municipal corporation (the "Grantee "), with reference to the following facts and intentions.
Grantor and Grantee may each be referred to as a "Party" and collectively as the "Parties."
RECITALS
A. Gr ari to r 41 s the owner oft 111 at certain r C ai propciy located Ili t he County Vf
Sonoma, State of California, as more particularly described as Assessor's Parcel Numbers 045-
262 -001 and 045- 262 -002 (the "Property "); and
B. The Grantor has received approval of a Tentative Map from the Grantee that
requires the dedication of a temporary storin drainage easement across the property as a
condition of Final Map approval in order to allow drainage facilities to be installed, if necessary,
prior to Grantor's final development of the Property in accordance with the Tentative Map; and
C. Grantor is willing to grant to Grantee and Grantee is willing to accept a
temporary, non - exclusive easement 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 designing, constructing, operating and maintaining temporary storm drainage
facilities 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, temporary easement in, on, over, under, across, and through the Easement Area
for the purpose of enabling Grantee to design, construct, install and maintain the Keiser Avenue
City as Grantee
storm drainage facilities for use by the public 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.
For the purposes of this Agreement, the right to use the Easement Area shall
include the installation, construction, repair, replacement, maintenance, operation, inspection,
restoration, modernization and use of the Easement Area for any activity reasonably related to
storm drainage including the installation of pipelines and or ditches and the right to install
utilities and temporary construction use (collectively storm drain facilities).
For the purposes of this Agreement, this Easement shall automatically expire
when the Grantor, or its successors or assignees, receives approval and completes construction of
the permanent drainage facilities described on the Tentative Map in the Easement Area, as
documented by the City's acceptance of the facilities.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than for temporary storm drain facilities. The Parties agree that, until Grantor
receives approval and begins construction of the improvements described by the Tentative Map
on the Easement Area, 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 Area shall be constructed or
maintained on the Easement Area, nor shall any 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 for storm drainage purposes.
3. Maintenance of the Easement Area. Should the Grantee exercise its rights to
constrict temnorary storm drainage. fnrilitiPg nn thr Fneamant Araa C;rantnr and tv giieeeggnrg
and assigns shall, at Grantee's sole cost and expense and without reimbursement, be obligated to
maintain, repair, reconstruct and care for the Easement Area until permanent facilities are
installed.
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 Area by Grantor or its
employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the
performance of, or failure to perform, Grantor'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
2
City as Grantee
Claim against which Grantor is obligated to indemnify or provide a defense hereunder, Grantor
upon written notice from Grantee shall defend such action or proceeding at Grantor's sole
expense by counsel reasonably acceptable to Grantee. This indemnity shall survive expiration or
termination of this Agreement or Easement.
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. Tenn of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the Parties. Further, the Easement shall automatically
expire as described in Section 1 above.
9. 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 attornevs' fees from the other bartv and any iudgment 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.
City as Grantee
If to Grantor: Vast Oak Properties L.P.
c/o Quaker Hill Development Company
P.O. Box 2240
Healdsburg, CA 95448
Attn: Craig R. Harrington
Phone: (707) 431 -1780
If to Grantee: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager's Office
Phone: 707 -588 -2232
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
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.
[Signatures on the Following Page]
4
City as Grantee
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
City of Rohnert Park,
a municipal corporation
By: _
Name
By: _
Name
Title: Title:
Per Resolution No. 2015- adopted by the Rohnert Park City
Council at its meeting of
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by this Grant of Temporary
Storm Drain Easement Agreement, dated , 2015, from Vast Oaks Properties
L.P., as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager
of the City of Rohnert Park pursuant to authority conferred by Resolution no. of the
City Council adopted on , and the City of Rohnert Park, as grantee, consents
to recordation of said easement agreement.
Dated: , 2015 By:
Darrin Jenkins, City Manager
[signature must be notarized]
City as Grantee
ACKNOWLEDGEMENT
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 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)
City as Grantee
ACKNOWLEDGEMENT
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 And Title Of Officer (e.g. "Jane Doe, Notary Public')
Personally appeared
Name ofSigner(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)
7
City as Grantee
19539.010
10/15/2015
IBM
Page I of 2
EXHIBIT "A"
LEGAL DESCRIPTION FOR
TEMPORARY STORM DRAIN EASEMENT
LANDS OF VAST OAK PROPERTIES
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ROHNERT PART {, COUNTY OF
SONOMA, STATE OF CALIFORNIA BEING A PORTION OF RESULTANT PARCELS A AND B AS
DESCRIBED IN DOCUMENT NUMBER 2015010549, SONOMA COUNTY RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE NORTHERLY FORTY -SIX (46) FEET OF SAID RESULTANT PARCELS A AND B, TOGETHER
WITH THE WESTERLY THIRTY (30) FEET OF SAID RESULTANT PARCEL A AND B.
PORTION OF APN'S 045- 262 -001 AND 045- 262 -002
PREPARED BY
LAN MACD
LICENSED
(EXP 1.2/31)
STAIEOFi
VEYORNO, 8817
RNIA
r M'q��jp`s
No. 8817
DATE
01 A
Em SAULIRIMmh�
M A 11KAY & V 115
CIVIL ENGINEERING6LAND PLANNING 6 LAND SURVEANG
5142 Franklin Drive Suite B, Pleasanton, CA, 94588 -3355
(925) 225 -0640
F:119539V' tats- LcoaislLcgals�3G foot wide roedway dedication090315 dac
H 00
PAGE 2 OF 2
|
RESULT STORM DRAIN �NT PARCEL � �
EASEMENT !\|
VAST OAK PROPERTIES[
—� DnC ' 2015—O24049
4�-202-3�4PNO ODi
CL
---------- �
CL- r2- / |)
� � RESU�ANT PARCEL B ci zcz c
|\'
|'\
VAS-l' OAK PROPERTIES ' C)�� /)|
�
C n-15—n-15-024049 �8 /
,-'-30' /—�8' T �
STORM DRAIN ApN 046-262_002
\ /!|
EASEMENT ||
/ |/|
[_
'L
-------l-----------\ | /.
LEGEN
BOUNDARY OF DESCRIPTION
-----
EXISTING PARCEL
P SD
0 200 400 800
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 6103 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 CRANE CREEK TRAIL EASEMENT AGREEMENT
This CRANE CREEK TRAIL EASEMENT AGREEMENT (this "Agreement ") is made
and entered into effective as of this day of , 2015, by and between
University District LLC, a Delaware Limited Liability Company (the "Grantor "), and the City
of Rohnert Park, a municipal corporation (the "Grantee "), with reference to the following facts
and intentions. Grantor and Grantee may each be referred to as a "Party" or collectively as the
"Parties."
RECITALS
A. Grantor is the owner of that certain real property located in the County of
Sonoma, State of California, as more particularly described as Assessor's Parcel Numbers 047
132 -038 (the "Property "); and
B. Grantor, Grantee, and Vast Oak Properties L.P. have entered into an Amended
and Restated Development Agreement recorded in the Official Records of Sonoma County as
Document No. 2014051817, which, among other things, requires the dedication of a Crane Creek
Trail Easement; and
C. Grantor is willing to grant to Grantee and Grantee is willing to accept a
permanent, non - exclusive easement 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 designing, constructing, operating and maintaining a trail to Crane Creek Regional
Park 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, permanent easement in, on, over, under, across, and through the Easement Area
City as Grantee
for the purpose of enabling Grantee to design, construct, install and maintain the Crane Creek
Trail for use by the public 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.
For the purposes of this Agreement, the right to use the Easement Area shall
include the installation, construction, repair, replacement, maintenance, operation, inspection,
restoration, modernization and use of the Easement Area for any activity reasonably related to
public trail access including access for pedestrian, bicycle and maintenance vehicles, the
installation, maintenance and repair of utilities, the installation of pipelines and or ditches and
temporary construction use.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than public trail access, use, installation and maintenance, as further described
herein. 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 Area shall be
constructed or maintained on the Easement Area, nor shall the Parties do anything which shall
prevent, impair or discourage the use of the Easement for trail purposes. Further, Grantee's use
of the Easement Area shall not inhibit the use of the adjacent property for resource agency or
other regional improvements, such as recycled water tanks and recycled water reservoirs.
3. Maintenance of the Easement Area. Should the Grantee exercise its rights to
construct permanent trail facilities on the Easement Area, Grantor- and its successors and assigns
shall, at Grantee's sole cost and expense and without reimbursement, be obligated to maintain,
repair, reconstruct and care for the Easement Area until permanent facilities are installed.
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 Area by Grantor or its
employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the
performance of, or failure to perform, Grantor'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
upon written notice from Grantee shall defend such action or proceeding at Grantor's sole
expense by counsel reasonably acceptable to Grantee. This indemnity shall survive expiration or
termination of this Agreement or Easement.
2
City as Grantee
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. Tenn of Agreement. The Easement is granted in perpetuity. This Agreement and
the Easement contained herein may only be terminated upon mutual written consent of the
parties.
9. 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.
10. Severability. If any provision of this Agreement is determined to be illegal or
unenforceable. this determination shall not affect anv 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: University District LLC
500 La Gonda Way
Danville, CA 94526
Attn: John Ryan
Kevin Pohlson
Phone: 925- 743 -8000
City as Grantee
If to Grantee: City of Rohnert Parlc
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager's Office
Phone: 707 -588 -2232
Email: admin @ipeity.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: imkenyon @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.
i A. �.v jui w. �61ee111e11� uiay U� uxeeuwu tii airy iiuui L) vt wutitcipa1U31
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.
[Signatures on the Following Page]
4
City as Grantee
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
City of Rohnert Park,
a municipal corporation
By: _
Name
Title:
Per Resolution No. 2015- _ adopted by the Rohnert Park City
Council at its meeting of
By: _
Name
Title:
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by this Grant of Crane Creek
Easement Agreement, dated , 2015, from University District LLC, as grantor, to
the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City of
Rohnert Park pursuant to authority conferred by Resolution no. of the City Council
adopted on , and the City of Rohnert Park, as grantee, consents to recordation
of said easement agreement.
Dated:
City as Grantee
2015 By:
Darrin Jenkins, City Manager
[signature must be notarized]
ACKNOWLEDGEMENT
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 And Title OMIT— (e.g. "Jane Doe, Notary Public ")
Personally appeared
Name ofSignc,(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 aclalowledged 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
(SEAL)
6
City as Grantee
ACKNOWLEDGEMENT
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 And Title Of Ofcer (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.
Sign at o i`.,,,.ary Pub! Ic
oiguaiuic� 'Notary ruuiic
(S E A L)
7
City as Grantee
19539.010
9/1/2015
Page 1 of 3
EXHIBIT "A"
LEGAL DESCRIPTION FOR
20' WIDE TRAIL EASEMENT
LANDS OF UNIVERSITY DISTRICT LLC
ALL. THAT CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF SONOMA
COUNTY STATE OF CALIFORNIA, BEING A PORTION OF TRACT II AS DESCRIBED IN SERIES NO.
2003- 080334, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID TRACT 11, BEING ALSO A POINT ON
THE EASTERLY RIGHT OF WAY OF PETALUMA HILL ROAD; THENCE FROM SAID POINT OF
COMMENCEMENT ALONG THE NORTHERLY LINE OF SAID TRACT II, THE FOLLOWING THREE (3)
COURSES:
1) SOUTH 77 °39'44" EAST 86.49 FEET;
2) SOUTH 67 °55'25" EAST 206.96 FEET;
3) THENCE SOUTH 89 °03'51" EAST 1703.57 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND ENTERING SAID TRACT I1 THE FOLLOWING THREE
(3) COURSES:
1) NORTH 89 °03'51" WEST 323.22 FEET;
2) NORTH 65 °22'06" EAST 250.51 FEET;
31 •rTTFN(`F QnIJT14 R9 °5 -3'55" FAST R1.20 FEET TO AN EASTERLY LINE OF SAID TRACT 11, SAID
POINT BEING THE POINT OF BEGINNING;
A 20' WIDE TRAIL EASEMENT, THE EASTERLY AND SOUTHERLY LINE DESCRIBED AS FOLLOWS:
THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG THE EASTERLY AND SOUTHERLY
LINE OF SAID TRACT II, COMMON WITH THE WESTERLY AND NORTHERLY LINES OF THE LANDS
OF SANGIACOMO GENERATIONS, SERIES NO. 1998 - 054512, ROY & MAUREEN DEGROOT, SERIES
NO. 1.989 - 115416 AND LANDS OF WILLIAM A. & NANCY J. ADAMS, SERIES NO. 2004- 065173, SONOMA
COUNTY RECORDS, THE FOLLOWING THREE (3) COURSES:
1) NORTH 00 °18'05" EAST 335.12 FEET;
2) SOUTH 88 °53'06" EAST 1035.11 FEET;
3) THENCE SOUTH 76 °32'59" EAST 2307.55 FEET, TO THE MOST EASTERLY LINE OF SAID TRACT II;
SAID EASEMENT TO TERMINATE ON THE MOST EASTERLY LINE OF SAID TRACT II.
END OF DESCRIPTION
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9/1/2015
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20' TRAIL EASEMENT ADAMS WILLIAM A NANCY d
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APN 017- -122 -031
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CALIF`
LEGEND
BOUNDARY OF DESCRIPTION
EXISTING PARCEL
— -- — — EASEMENT LINE
%h`,< titi / P.O.C. POINT OF COMMENCEMENT
4,`� A� \C� / P.O.B. POINT OF BEGINNING
S6r55'25 "E
206.96' ��� / PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
s77*39`44"E4 20 E TRAM. EASEMENT
ss.4s' �)�l `� 20 WIDE
o,o / LANDS OF UNIVERSITY DISTRICT LLC
CITY Of ROHNER'T PARK CALIFORI
& AlkoMW&Ah
ELM
MAWAY rb
0 250 500 1000
ENGINEERS PLANNERS SURVEYORS
51428 FRANKLIN OR, PLEASANTON, CA 94588 (925)225 -OTi90
SCALE :1 " =500' DRAWN DATE SCALE J08 N0.
IRM I SEPT. 2015 1 1" =500' 1 19539
\\RAIL EASEMENT.DWG
11:3am Ian MacDoald P:\ 79539 \P 1