2016/10/25 City Council Resolution 2016-104RESOLUTION NO. 2016-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
RESCINDING ACCEPTANCE OF A GRANT DEED CONVEYING 53 ACRES AND
RESCINDING ACCEPTANCE OF THE CRANE CREEK TRAIL EASEMENT
AGREEMENT AND ACCEPTING A GRANT DEED FOR 128 ACRES FROM THE
UNIVERSITY DISTRICT LLC
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 Development Agreement requires the Developer to dedicate portions of
a 128 acre parcel to the City for public purposes including the construction of a water tank and a
trail to Crane Creek Park; and
WHEREAS, on November 24, 2015, the City Council approved Resolution 2015-180
approving the Crane Creek Trail Easement Agreement with Developer, which included a 20 -foot
easement for the trail access to Crane Creek Park; and
WHEREAS, on December 22, 2015, the City Council approved Resolution 2016-193
accepting a grant deed from the Developer conveying 53 acres for the purpose of constructing a
water tank; and
WHEREAS, City and Developer have been cooperating to advance construction of the
University District development project, the water tank and the trail and have concluded that this
work can be best accomplished if the full 128 acre parcel of land were dedicated for public
purposes; and
WHEREAS, City has adopted an ordinance approving a Second Amendment to the
Development Agreement, whereby Developer is required to dedicate the entire 128 -acre parcel
to the City ("Second Amendment to DA"); and
WHEREAS, the Developer has offered the dedication in the form of the Grant Deed
included as Exhibit A to this Resolution; and
WHEREAS, the proposed acceptance of the 128 -acre parcel was considered in the
environmental analysis for the Second Amendment to DA, which concluded that no additional
environmental review was required pursuant to Section 15162 of the CEQA Guidelines. Further,
the acceptance of the 128 -acre parcel is exempt pursuant to Section 15317 and 15325 of the
CEQA Guidelines, as the property will be subsequently transferred to the County of Sonoma and
the Sonoma Water Agency for open space, park and trail purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby:
1. Rescind Resolution 2015-180 accepting the Crane Creels Trail Easement Agreement
2. Rescind Resolution 2016-193 accepting a 53 acre water tank parcel
3. Authorize the City Manager to accept the 128 acre water tank site as described in the
Grant Deed included as Exhibits A 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, as amended by the Second Amendment to DA, contingent
upon the effectiveness of the Second Amendment to DA.
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, as
amended by the Second Amendment to DA, and Condition of Approval.
DULY AND REGULARLY ADOPTED this 25'h day of October, 2016.
CITY OF ROHNERT PARK
Gia a fort , Mayor
ATTEST:
ti
Anne Buergler, City Cle c
Attachment: Exhibit A
CALLINAN: MACKENZIE: Alf -D: STAFFOR_ BELFORTE: A -y E AHANOTU: y t
AYES: (y ) NOES: ( Q ) ABSENT: ( l ) ABSTAIN: (O )
(2)
2016-104
RECORDED AT THE REQUEST OF AND
AFTER RECORDING MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attention: City Clerk
Exhibit A
Space above this Ilne reserved for recorder's use
Exempt from recording fee pursuant to Gov. Code 27383
GRANT DEED
This Grant Deed (the "Grant Deed") is made on2015, 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 public
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
EXHIBIT A
Legal al Descri tion
[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
9/9/2016
IBM
Page 1 of 2
EXHIBIT A
DESCRIPTION
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SONOMA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LYING WITHIN THE COTATI RANCHO, COUNTY OF SONOMA, STATE OF CALIFORNIA AND
BEING A PORTION OF THE SAID LANDS OF ANDERSON, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3" BRASS DISK STAMPED "CSSC", MARKING THE CENTERLINE OF
PETALUMA HILL ROAD AT ENGINEER'S STATION 232+27.14 AND BEING A POINT ON
TANGENT AS SHOWN ON THAT RECORD OF SURVEY FILED IN BOOK 582 OF MAPS, PAGES
10 AND 11, SONOMA COUNTY RECORDS, FROM WHICH A 3" BRASS DISK MARKING SAID
CENTERLINE AND AS SHOWN ON SAID MAP BEARS SOUTH 000 01'44" EAST, 2626.96 FEET;
THENCE SOUTH 05026'32" EAST, 339.20 FEET TO A POINT ON THE EASTERLY LINE OF
PETALUMA HILL ROAD, ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 77-39'44" EAST, 86.49 FEET; THENCE SOUTH 67° 55'25" EAST, 206.96
FEET; THENCE SOUTH 89'03'5 1 " EAST, 1703.57 FEET; THENCE NORTH 00° 31' 54" EAST, 592.87
FEET; THENCE NORTH 78° 18'57" EAST, 1301.01 FEET; THENCE NORTH 02° 29,44" EAST,
149.79 FEET TO THE NORTHERLY LINE OF SAID LANDS; THENCE ALONG SAID NORTHERLY
LINE THE FOLLOWING THREE COURSES: SOUTH 87' 30' 16" EAST, 477.97 FEET; NORTH 00° 14'
49" EAST, 463.32 FEET; SOUTH 87° 30' 16" EAST, 1541.35 FEET TO THE EASTERLY LINE OF
SAID LANDS; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES:
SOUTH 320 13'32" EAST, 588.11 FEET; SOUTH 16° 16'46" EAST, 1048.67 FEET TO THE
SOUTHERLY LINE OF SAID LANDS; THENCE ALONG SAID SOUTHERLY LINE THE
FOLLOWING FOUR COURSES: NORTH 76'32'59" WEST, 2307.55 FEET; NORTH 88° 53'06"
WEST, 1035.11 FEET; SOUTH 00° 18'05" WEST, 1295.94 FEET; NORTH 89° 56'20" WEST, 2606.17
FEET TO THE EASTERLY LINE OF PETALUMA HILL ROAD; THENCE ALONG SAID EASTERLY
LINE OF PETALUMA HILL ROAD NORTH 000 01'44" WEST, 983,12 FEET TO THE POINT OF
BEGINNING.
APN: 047-132-038-000
P:\19539\Plats-Legals\Legals\Univ Dist LLC Tank -site Desc 20160824.doc
EXHIBIT A
PAGE 2 OF 2
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LEGEND
BOUNDARY OF DESCRIPTION
—
— EXISTING PROPERTY LINE
P.O.0
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
Al
FOUND 3" BRASS DISK
DOC #
DOCUMENT NUMBER
99—o9-7116 3:131,nr
1°n MacDonald P:119539\9LATS- LEGAMPLATSW!
0 500 1000 2000
SCALE:1 "=1000'
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR I
UNIVERSITY DISTRICT LLC
DOC # 2016-022705
APN 047-132--038
CITY OF ROHNERT PARK CALIFORNIA
MACKAY & SOMPS
ENGINEERS PLANNERS SURVEYORS
51428 FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690
6-30-16.DWG
DRAWN I DATE SCALEJI O5 NO.
M8 SEPT. 2016 1"=1000' 191539.01