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2015/12/22 City Council Resolution 2015-193RESOLUTION NO. 2015 -193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT DEEDS CONVEYING 53 ACRES FOR A WATER TANK SITE FROM UNIVERSITY DISTRICT LLC AND RIGHT -OF -WAY FOR KEISER AVENUE FROM VAST OAK PROPERTIES LP AND TO TAKE OTHER ACTIONS NECESSARY TO CLOSE ESCROW WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving a Development Agreement ( "Development Agreement ") between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC ( "Developer "); and WHEREAS, the Developer intends to file the final maps for Phases 1 -A, 1 -B, 1 -C, and 1 -D for the Vast Oak Property, consisting of 399 single- family residential lots; and WHEREAS, the Development Agreement and the Conditions of Approval for Tentative Map for University District Development require the Developer to dedicate a 53 acre parcel known as the Anderson 53 site to the City for public purposes including the construction of a water tank prior to the approval of the first Final Map; and WHEREAS, the Development Agreement and the Conditions of Approval for the Tentative Map for University District Development also require the Developer to dedicate right - of -way necessary for the widening of Keiser Avenue prior to the approval of the Final Map; WHEREAS, the owners of these properties have offered the required dedications in the form of the Grant Deeds included as Exhibits A and B to this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to accept the 53 acre water tank site and the Keiser Avenue right -of -way as described in the Grant Deeds included as Exhibits A and B, with minor revisions as may be approved by the City Manager and City Attorney, in accordance with the terms set forth in the Development Agreement. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents, including certificates of acceptance, and take all other actions necessary to close escrow in accordance with the terms of the Development Agreement and Condition of Approval. OAK #4819- 7225 -3226 vl DULY AND REGULARLY ADOPTED this 22nd day of December, 2015. ATTEST: CTiZ M. Buergler, City Clerk Attachments: Exhibits A and B CITY OF ROHNERT PARK AHANOTU: CALLINAN: STAFFORD: Al AYES: (I j ) NOES: ( C) ) ABSENT: 2015 -193 MACKENZIE: Ale- BELFORTE: j ) ABSTAIN: ( ) dd Exhibit A to Resolution RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder's use Exempt from recording fee pursuant to Gov. Code 27383 GRANT DEED This Grant Deed (the "Grant Deed ") is made on , 2015, by University District LLC, a Delaware Limited Liability Corporation ( "Grantor "), to the City of Rohnert Park, a California municipal corporation ( "City ") with reference to the following: Recitals A. Grantor has submitted an application to the City to developer certain real property located in the City of Rohnert Park, County of Sonoma, State of California. B. In connection with the approval of its development project and in lieu of acquisition by eminent domain, Grantor is granting certain real property to the City. C. Grantor now desires to grant deed to City the property described herein. NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are hereby acknowledged: Grantor does hereby grant and convey to City that certain real property legally described on Exhibit A, attached hereto and incorporated herein by reference. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: [signature must be acknowledged by a notary publicl CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by Grant Deed dated , 2015, from , as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City 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 Grant Deed. Dated: 2015 By: Darrin Jenkins, City Manager [Signature Must Be Notarized] Exhibit A to Resolution EXHIBIT A Legal Description [to be inserted] Exhibit A 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 County of On before me, , a Notary Public, 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. 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 Acknowledgement 19539.010 10/15/2015 Page I of 3 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER TANK SITE 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 DOCUMENT NO. 2003 -080334, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT II, BEING ALSO A POINT ON THE EASTERLY RIGHT OF WAY OF PETALUMA HILL ROAD; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY LINE OF SAID TRACT 11, 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 89 003'51" EAST 1703.57 FEET; THENCE LEAVING SAID NORTHERLY LINE AND ENTERING SAID TRACT II THE FOLLOWING THREE (3) COURSES: 1) SOUTH 89 °03'51" EAST 323.22 FEET; 2) NORTH 65 °22'06" EAST 250.51 FEET; 3) THENCE SOUTH 89 °53'55" EAST 81.20 FEET TO THE EASTERLY LINE OF SAID TRACT II; THENCE ALONG SAID EASTERLY LINE, SOUTH 00 °18'05" WEST 960.82 FEET TO THE SOUTHERLY LINE OF SAID TRACT II; THENCE ALONG THE SOUTHERLY LINE NORTH 89 °56'20" WEST 2,606.17 FEET TO A POII\ T ON THE EASTERLY RIGHT OF WAY LINE OF PETALUMA HILL ROAD; THENCE ALONG SAID EASTERLY RIGHT OF WAY COMMON WITH WESTERLY LINE OF SAID TRACT 1I, NORTH 00 °01'44" WEST 983.12 FEET, TO THE POINT OF BEGINNING. CONTAINING 53.00 ACRES, MORE OR LESS RESERVING THEREFROM A NON- EXCLUSIVE EASEMENT: BEING THE NORTHERLY TWENTY FEET (20') OF THE ABOVE DESCRIBED PARCEL FOR SHARED PRIVATE ACCESS AND UTILITY EASEMENT PURPOSES. A PORTION OF APN 047 -132 -038 END OF DESCRIPTION P:\1 9539\ Plats- Legal5\Legals \19539.010jA0826I5A'ATER TANK SITE DESCRIPTION.doc 19539.010 10/15/2015 Page 2 of 3 PREPARED BY: IAN Mi LICEN: (EXP 1: STATE RVEYOR No. 8817 '�01. l AA /, 2 0. No, fl�11 .�r OF DATE RNIA on mz- MAGMUKUMP5 CIVIL ENGINEERING* LAND PLANNING41AND SURVEMG 5142 Franklin Drive Suite B, Pleasanton, CA. 94588 -3355 (925) 225 -0690 k'1 19539\1' fats- Legale ,Lcgats\19539.010jft032615 \VATER TANK S11'H DESCR1PT10N.dec EXHIBIT. .B" PACE' 3 OF J I ANDERSON HENRY JAMES ANDERSON HENRY JAMES I DOS' #2004-112861 DOC #2008 - 064065 AMY 047 -182 --033 APN 047 -182 --089 lr� N8 N77 °39'44 "W UNIVERSITY DISTRICT LLC 81.20 DOC #2003 - 080334 86.49' APN 047 -132 -038 N6250 51' W N67 °55'25 "W J � I ,-' 206.96' 1 1703.57' 323.22' ® P. ©. B. N89 "03 51 W 2026.79 TOTAL o 20' WIDE PRIVATE ACCESS 0° A AND UTILITY EASEMENT 0) � � w WATER TANK SITE a ,a 53.00± Ac. -' z z rn N89 °56'20 "W 2606.17' a � GRO,SSI EDWARD c� DUPA R CAROLYN SWEET SUSAN RITA DOC #2001 055311 I ii.� DOC #,2003-097565 APN 047-132-013 - c) APN 047 -132 -,032 �A� 0 200 400 800 l�0 ,� � � SCALE :1 " -400' LEGEND BOUNDARY OF DESCRIPTION - — - EXISTING PARCEL - - - - - EASEMENT LINE P.O.B POINT OF BEGINNING 10 -15 -2015 11:42cm PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR 19539.010 10/15/2015 IBM Page T of 2 EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT -OF -WAY DEDICATION LANDS OF VAST OAK PROPERTIES ALL THAT REAL PROPERTY SI'T'UATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA BEING THE NORTHERLY THIRTY -SIX (36) FEET OF RESULTANT PARCELS A, B, AND C OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED AS DOCUMENT NUMBER 2015010549 SONOMA COUNTY RECORDS. PORTION OF APN'S 045- 262 -001, 045 - 262 -002, AND 045- 262 -003 PREPARED BY �NL 1 AIVt) As - Nn. 881i' IAN MAC / NAL �!! DATE 1.1c..F.NSFtI I.ANIJ/ URVEYOR NO. 8817 P:\ 19539 \Plats- Legals\Lcgals \36 foot wide roadway dedication.doc [— 788.33' / RESULIAKT PARCEL A | | VAST OAK PROPERTIES | � DOC, 201 S-024049 | | APN 046-262-001 | | ' GROSS S.22a AC NET | .57� AC | | | / LEGEND R0NCO8\ lJ\IC D0C. 1981-002430 APN 045-261 —001 RIGHT-OF-WAY DEDICATION KEISER AVENUE (40 RESULTANT PARCEL 8 VAST OAK PROPERTIES DOC.%O15—O34049 APN 045-262-002 GROSS 54.48a AC NET 51281 AC BOUNDARY OF DESCRIPTION EXISTING PARCEL |' /| || |.}| '|\ |/| VN 0 200 400 800 PLAT 0ACCOMPANY LEGAL DESCRIPTION FOR RIGHT—OF—WAY DEDICATION LANDS OF VAST OAK PROPERTIES Exhibit B to Resolution RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder's use Exempt from recording fee pursuant to Gov. Code 27383 GRANT DEED This Grant Deed (the "Grant Deed ") is made on , 2015, by Vast Oak Properties LP, a California Limited Partnership ( "Grantor "), to the City of Rohnert Park, a California municipal corporation ( "City ") with reference to the following: Recitals A. Grantor has submitted an application to the City to developer certain real property located in the City of Rohnert Park, County of Sonoma, State of California. B. In connection with the approval of its development project, Grantor is required to dedicate certain real property to the City. C. In order to comply with the conditions of the project approval, Grantor now desires to grant deed to City the property described herein. NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are hereby acknowledged: Grantor does hereby grant and convey to City that certain real property legally described on Exhibit A, attached hereto and incorporated herein by reference. [SIGNATURES ON FOLLOWING PAGE] OAK #4833 - 8352 -0041 v1 IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: (signature must be acknowledged by a notary publicl OAK #4833 - 8352 -0041 v1 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by Grant Deed dated , 2015, from , as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City 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 Grant Deed. Dated: 12015 By: Darrin Jenkins, City Manager [Signature Must Be Notarized] OAK #4833 - 8352 -0041 v1 Exhibit B to Resolution EXHIBIT A Legal Description [to be inserted] Exhibit A OAK #4833 - 8352 -0041 v1 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 County of On before me, , a Notary Public, 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. 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 Acknowledgement OAK #4833 - 8352 -0041 v1