2017/02/14 City Council Resolution 2017-016RESOLUTION NO. 2017-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF TWO
EASEMENTS THROUGH PUBLIC PROPERTY TO BBHICKS LLC FOR THE
PURPOSE OF DRIVEWAY ACCESS AND UTILTY ACCESS TO 1212 ERIC COURT
WHEREAS, on May 3, 2016, the City of Rohnert Park Subdivision Review Committee
approved with conditions a tentative parcel map that would divide 1212 Eric Court into two
parcels; and
WHEREAS, each of the proposed parcels is currently developed with a single family
dwelling and existing, undocumented encroachments onto a City -owned well site are being used
to provide gas and electric service and access to one of the dwelling units; and
WHEREAS, the Conditions of Approval for the tentative parcel map require the
property owner to secure and pay for easements across the City property; and
WHEREAS, the easements have been appraised for twenty-one thousand fifty dollars
($21,050.00); and
WHEREAS, the property owner, BBHICKS LLC has deposited the appraised value of
the easements with the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the grant of two easements to BBHICKS LLC for the purpose
of driveway and utility access.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate the two easements for and on behalf of the City of
Rohnert Park, including execution and recordation, if necessary, in substantially similar form to
the easements attached hereto as Exhibit "A", and incorporated herein by this reference, subject
to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 14`h day of February, 2017.
[IMME11 SRI]W1 3 IM 0 OR :7:
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU A�je BELFORTE: A 1 ` CALLINAN: P'{ IV 1 STAFFORDA-)t MACKENZIE: J i
AYES: ( L ) NOES: ( 0 ) ABSENT: ( I ) ABSTAIN: ( Cj )
(2)
2017-016
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Rohnert Park
13 0 Avram Ave.
Rohnert Park, CA 94928
Exhibit A to Resolution
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF PUBLIC UTILITY EASEMENT AGREEMENT
This PUBLIC UTILITY EASEMENT AGREEMENT (this "Agreement") is made and
entered into effective as of this 0" -day of 1,, M 4, — , 2017, by and between the City of
Rohnert Park, a municipal corporation (the "Grantor"5, and, the owner of real property located at
1212 Eric Court, Rohnert Park, California (APN 143-084-006), who is more particularly described
in "Exhibit A" (the "Grantee").
RECITALS
A. Grantee 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 1212 Eric Court,
Rohnert Park, California (APN 143-084-006) (the "Property"); and
B. Historical public utilities exist from the improvements on the Property over
property owned by Grantor, City of Rohnert Park; and
C. Grantee has requested the City of Rohnert Park grant a public utility easement over
the City of Rohnert Park property to formalize this public utility easement; and
D. Grantor is willing to grant to Grantee and Grantee is willing to accept a non-
exclusive easement over those certain portions of the Lands of the City of Rohnert Park, as more
particularly described in the legal description attached hereto as Exhibit `B" and as shown on the
plat attached hereto as Exhibit "C" (the "Easement Area"), for the purpose of public 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:
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I . Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a
non-exclusive easement over and across the Easement Area for the purpose of enabling public
utilities from the Property (the "Easement") on the tern -is and conditions set forth herein.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any put -pose other than a public utility easement. The Parties agree that no Parties do anything
which shall prevent, impair or discourage the use of the Easement for public utilities across the
Easement Area.
3. Maintenance of the Easement Area. Grantee and its successors and assigns shall,
at Grantee's sole cost and expense without reimbursement, be obligated to maintain, repair,
reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Any
damage caused by Grantee, or by any of Grantee's lessees, licensees, permitees, agents,
employees, contractors and/or successors and assigns to the Easement Area shall be promptly
repaired by Grantee, at its sole cost and expense.
4. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, Grantee, and each of their respective parent corporations, subsidiaries, affiliates, officers,
managers, directors, representatives, agents, employees, 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, Grantee'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. Without limiting the generality of the
foregoing, Grantee shall indemnify, protect, defend and hold Indemnitees harmless from and
against Claims arising out of or in connection with any labor performed on the City of Rohnert
Park property by, or at the request or for the benefit of, Grantee, 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 Grantee is obligated to indemnify or provide a defense hereunder,
Grantee upon written notice from Grantor shall defend such action or proceeding at Grantee'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.
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6. Recordation and Binding on. Successor°s. 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 crf Agreerrrent. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
9. AttgMeys' Fees and Goverrxing_L . 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 Grantee: BBHICKS LLC
°��✓(�-1-1-161•f-�O�li�e-�il�+�r» I �.. � �� � � y � Ce-, �i ,^ -�-
Rohnert Park, CA 94928
Attn: John T. Hicks
Phone: 7v-., o 179
Email:�� ;,,.w��tl i.•�arg{zS�,�tl, c���ti
With a copy to: I I'r
Attn:
Phone: 2c),) o
Email: I K, ,, -fetor � • i C'S �+S t I c . t �
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If to Grantor: 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. 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.
13. 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]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
BBHICKS LLC, a California Limited
Liability Company
By:s�
NameFi
Title:
STATE OF CALIFORNIA
GRANTOR:
City of Rohnert Park,
a municipal corporation
By: T
Name
Title:
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THAT THE INDIVIDUAL WHO SIGNED THE DOCUMENT _�TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNC9W, ACCURACY, OR
VALIDITY OF THAT DOCUMENT. Z
COUNTY OF
On
Notary Public, personally appeared
or
personally known to me
proved to me on the
)ss
before me,
satisfactory evidence
to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/ er/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the persons) r the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my 4Ad and official seal
(S E A L)
SEP AT AC
Notary AckIlOWledgement
SIGNATURE OF NOTARY PUBLIC
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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 • Sonoma )
On O- before me, Stephanie Ortiz, Notary Public
4 (insert name and title of the officer)
personally appeared r L
who proved to me on the basis of satisfactory evidence to be the fir. oS](s)-whose narl i e
scribed to the within instrument d acknowle . d to me th he executed the arne in
his li xlti�eir uthorized capacit s), and that by", jaeA11! si ure-%Hn the instrument the
'Iwson(.}' or the entity upon behalf of which the person 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.
STEPHANIE ORTI
WITNESS my hand and offic I "' Coen. #2119830 R
Wy, NOiPU6 -CALIFORNIA A
SONOMACOUNTY
1i iti My Cnmm, rX iros July 1T, 2019
�:t^err--�w..-,..�.--.r.—..-.••.....,......r..,,y,.+P.
Signature (Seal)
STATE OF CALIFORNIA
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THAT THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR
VALIDITY OF THAT DOCUMENT.
COUNTY OF
On
Notary Public, personally appeared
or
personally known to me
)ss
before me,
proved to me on the basis of satisfactory evidence
to be the person(s) whose names) 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.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(S E A L)
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EXHIBIT "A"
GRANTEE
Lands of BBHICKS, LLC, a California Limited Liability Company per Document Numbers
2011020976, 2011020977, 2011020978 and 2011010979, Official Records of Sonoma County.
Lot 60 as Numbered and Designated upon the map entitled "Unit A, Country Club Estates,
Subdivision No. 5". Filed in the Office of the County Recorder of the County of Sonoma on June
18, 1976, in Book 229 of Maps, at Pages 49, 50 and 51, Sonoma County Records.
APN 143-084-006
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EXHIBIT "B"
Legal Description for Public Utility Easement
Lands of City of Rohnert Park
Parcel "B", Country Club Estates, Subdivision No. 5, Unit A
APN: 143-840-039
August 5, 2016
An Easement over thatcertain parcel of land situated in the City of Rohnert Park, County of Sonoma,
State of California. Being a portion of Parcel "B", as designated upon the map "Country Club Estates
Subdivision No. 5, Unit A" filed in the Office of the County Recorder of the County of Sonoma on
June 18, 1976 in Book 229 of Maps, at Pages 49, 50 & 51 of Official Records of said County
Recorders Office, more particularly described as follows:
BEGINNING at a point on the southerly right of way of Eleanor Avenue and being the northwest
corner of said Parcel B; thence easterly along said right of way South 89° 50' 06" East, 10.0 feet;
thence leaving said right of way South 00° 09' 54" West, 115.00 feet; thence North 89° 50' 06" West;
10.0 feet to the westerly boundary of said Parcel "B"; thence northerly along said westerly boundary
of said Parcel "B" North 000 09'54" East, 115.00 feet plus or minus to the POINT OF BEGINNING.
Sidelines shall be lengthened or shortened so as to terminate on the boundaries of said Parcel "B".
Containing 1,150 Square Feet, more or less.
BASIS OF BEARINGS: The bearings and distances contained herein are based upon "Country
Club Estates Subdivision No. 5, Unit A" filed for record in Book 229 of Maps at Pages 49-51 in the
Office of the County Recorder of the County of Sonoma.
EXHIBIT "B" attached and by this reference made a part hereof.
Prepared by Baechtel Hudis Inc.
By: ll -ZZ -m
,WpI Moody, LS 5316 Date
My license Expires December 31, 2017
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wa�.MANDS
No. LS 5316
n
LEGEND:
PROPERTY BOUNDARY
EASEMENT
EASEMENT AREA
SCALE: 1 " = 40'
�1IIIIIII��
0 40 80 120
ELEANOR AVENUE
LOCATION MAP
NO SCALE
S 89:90'06" E
_.... - I POINT OFA'' 10' 50.28'
BEGINNING A=9000'10
i R=25.00'
oL= 39.27'
10' PUBLIC UTILITY EASEMENT1
^
IN FA VOR OF BBHICKS L. L. C.
1,150 S. F. f
96 97 Q
i'��i I CITY OF ROHNERT PARK ;
._.I
PRI TCHARD o 01N
DOC. NO. 2009RO43204 O 'ZP PARCEL B
AP NO. 143-840-024 0� UNIT A
COUNTRY CLUB ESTATES
r SUBDIWSION NO. 5 ; W
- 229 MAPS, 49, 50 & 51
I AP NO. 14.3-840-039
S 89 50'06" E 10' W , pM C.p'{�
60 I QV' o� N 89:90 06 "W No. LS 5316
NN- o 10.0' � 4L�
BBHICKS L. L. C.
DOG NO. 2011RO20976-79 = '
AP NO. 143-840-006
EXHIBIT 'pC"
THIS DIAGRAM IS FOR GRAPHIC PLAT TO ACCOMPANY LEGAL DESCRIPTION
PURPOSES ONLY, ANY ERRORS FOR PUBLIC UTILITY EASEMENT, LANDS OF
OR OMISSIONS SHALL NOT EFFECT
THE LEGAL DESCRIPTION. ROHNERT PARK, PARCEL "B", BOOK 229
BASIS OF BEARINGS: MAPS PAGES 49-51, OFFICIAL RECORDS OF
AS SHOWN UNIT A, COUNTRY CLUB SONOMA COUNTY.
ESTATES SUBDIVISION NO. 5, IN JUNE 2016
BOOK 229 MAPS, PAGE 49, 50 &
51, SONOMA COUNTY RECORDS.
PREPARED BY:
BAE C HTE L HUD I S FHISANTA ROSA, CALIF. 954ONY CIRCLE, 0 L0°°
CONSULTING CIVIL ENGINEERS & PLANNERS (707) 542-8795
PAGE 2 OF 2
PUBLIC UTILITY EASEMENT:
Line
Line
Line
Line
North: 1894286.9177
Course: S 89-50-06 E
North: 1894286.8889
Course: S 00-09-54 W
North: 1894171.8893
Course: N 89-50-06 W
North: 1894171.9181
Course: N 00-09-54 E
North: 1894286.9177
East: 6364925.7625
Length: 10.00
East: 6364935.7624
Length: 115.00
East: 6364935.4312
Length: 10.00
East: 6364925.4313
Length: 115.00
East: 6364925.7625
Perimeter: 250.00 Area: 1,150 sq.ft. 0.03 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East : 0.00000
Precision 1:250,000,000.00
This Document is Recon
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 61032 and 2731
When Recorded, Mail to
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 949:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF PRIVATE INGRESS AND EGRESS EASEMENT AGREEMENT
This PRIVATE INGRESS and EGRESS EASEMENT AGREEMENT (this
"Agreement") is made and entered into effective as of this i ff"day of .s' �� «- 12017,
by and between the City of Rohnert Park, a municipal corporation (the "Grantor='), and, the owner
of real property located at 1212 Eric Court, Rohnert Park, California (APN 143-084-006), who is
more particularly described in "Exhibit A" (the "Grantee").
RECITALS
A. Grantee 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 1212 Eric Court,
Rohnert Park, California (APN 143-084-006) (the "Property"); and
B. Historical Private Ingress and Egress exist from the improvements on the Property
over property owned by Grantor, City of Rohnert Park; and
C. Grantee has requested the City of Rohnert Park grant a Private Ingress and Egress
easement over the City of Rohnert Park property to formalize this Private Ingress and Egress
easement; and
D. Grantor is willing to grant to Grantee and Grantee is willing to accept a non-
exclusive easement over those certain portions of the Lands of City of Rohnert Park, as more
particularly described in the legal description attached hereto as Exhibit "B" and as shown on the
plat attached hereto as Exhibit "C" (the "Easement Area"), for the purpose of Ingress and Egress
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:
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1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a
non-exclusive easement over and across the Easement Area for the purpose of ingress and egress
enabling ingress and egress from the Property (the "Easement") on the terms and conditions set
forth herein.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than a private ingress and egress. The Parties agree that no Parties do anything
which shall prevent, impair or discourage the use of the Easement for private ingress and egress
across the Easement Area.
3. Maintenance of the Easement Area. Grantee and its successors and assigns shall,
at Grantee's sole cost and expense without reimbursement, be obligated to maintain, repair,
reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Any
damage caused by Grantee, or by any of Grantee's lessees, licensees, permitees, agents,
employees, contractors and/or successors and assigns to the Easement Area shall be promptly
repaired by Grantee, at its sole cost and expense.
4. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, Grantee, and each of their respective parent corporations, subsidiaries, affiliates, officers,
managers, directors, representatives, agents, employees, 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, Grantee'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. Without limiting the generality of the
foregoing, Grantee shall indemnify, protect, defend and hold Indemnitees harmless from and
against Claims arising out of or in connection with any labor performed on the City of Rohnert
Park property by, or at the request or for the benefit of, Grantee, 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 Grantee is obligated to indemnify or provide a defense hereunder,
Grantee upon written notice from Grantor shall defend such action or proceeding at Grantee'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.
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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. Attorne s' 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 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 Grantee: BBHICKS LLC
-4-5 13 Off �UM_Bri� aF r i Q
Rohnert Park, CA 94928
Attn: John T. Hicks
Phone: _!f), cY
Email: !c nfPc�: tom., r �t�r• ; re.w�. �n� ,�'1 ►) , e E +�
With a copy to: c 1"
e-1 F <<-., i C-4 `'"7 tit ':O
Attn:
Phone: 7 v.7 4 8 0 el ri It !L,
Email: C�c � , �,�ti 1. e
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If to Grantor: 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. 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.
13. 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]
MESMShared Folders\13HDATA\15\021\LEGAL\RP - Ingress and Egress Easement.docx 4
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
BBHICKS LLC, a California Limited
Liability Company
By:/,Le,.i
Nam -14
Title: Y -
STATE OF CALIFORNIA
GRANTOR:
City of Rohnert Park,
a municipal corporation
By: ,_
Name
Title:
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING
ONLY THAT THE INDIVIDUAL WHO SIGNED THE D
CERTIFICATE IS ATTACHED, AND NOT THE TTR
VALIDITY OF THAT DOCUMENT.
COUNTY OF
On
Notary Public, personally appeared
or
personally
proved to
efore me,
me
on the basis of satisfactory evidence
FICATE VERIFIES
TO WHICH THIS
ACCURACY, OR
to be the person(s) whose axne(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed th same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s)
on the instrument t person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Wl ESS my hand and official seal "iiIy
btar'y A&i1owiedjgomew.
SIGNATURE OF NOTARY PUBLIC
(S E A L)
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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 Sonoma
On i before me,
Stephanie Ortiz, Notary Public
(insert name and title of the officer)
personally appeared V
w o proved to we on the asis of satisfactory evidence to be the �e�l
o�hose name J e
(:s b ribed to the within instrument and acknowie g to me tha hexecute h mein
is/ H�'authorized capacity and that b his! ig he instrument the
rson(r the entity upon behalf of which the son cted, 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. STEPHANIE ORTIZIt
COMM. #2119830 rn
�l
Uj NOTARY PUBLIC - CALIFORNIA
_ � Y i SONOMACOUNTY s
My Comm rtxpkus luly 17. 2 19
-'- � r"`-� ... - .1 �.,.r,r.rage•�x.„�rw+���rs»•-e+�^'�'�^�c'^7^'t
(Seal)
Signature
STATE OF CALIFORNIA
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THAT THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR
VALIDITY OF THAT DOCUME, NT.
COUNTY OF
On _
Notary Public, personally appeared
or
personally known to me
)ss
before me,
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.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(S E A L)
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EXHIBIT "A"
GRANTEE
Lands of BBHICKS, LLC, a California Limited Liability Company per Document Numbers
2011020976, 2011020977, 2011020978 and 2011010979, Official Records of Sonoma County.
Lot 60 as Numbered and Designated upon the map entitled "Unit A, Country Club Estates,
Subdivision No. 5". Filed in the Office of the County Recorder of the County of Sonoma on June
18, 1976, in Book 229 of Maps, at Pages 49, 50 and 51, Sonoma County Records.
APN 143-084-006
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EXHIBIT "B"
Legal Description for Ingress and Egress Easement
Lands of City of Rohnert Park
Parcel "B", Country Club Estates, Subdivision No. 5, Unit A
APN: 143-840-039
August 5, 2016
An Easement over that certain parcel of land situated in the City of Rohnert Park, County of
Sonoma, State of California. Being a portion of Parcel "B", as designated upon the map "Country
Club Estates Subdivision No. 5, Unit A" filed in the Office of the County Recorder of the County of
Sonoma on June 18, 1976 in Book 229 of Maps, at Pages 49, 50 & 51 of Official Records of said
County Recorders Office, more particularly described as follows:
BEGINNING at a point on the westerly right of way of Snyder Lane and being the southeast corner
of said Parcel "B"; thence North 850 05'53" West, 75.53 feet to the southeast corner of Lot 60 of
said subdivision; thence North 000 09' 54" East, along the westerly boundary of said Parcel "B"
15.00 feet; thence South 890 39' 15" East, 72.28 feet to the westerly right of way of Snyder Lane;
thence southerly along said right of way South 00° 10' 04" West 21.0 feet plus or minus to the
POINT OF BEGINNING.
Sidelines shall be lengthened or shortened so as to terminate on the boundaries of said Parcel "B".
Containing 1,355 Square Feet, more or less.
BASIS OF BEARINGS: The bearings and distances contained herein are based upon "Country
Club Estates Subdivision No. 5, Unit A" filed for record in Book 229 of Maps at Pages 49-51 in the
Office of the County Recorder of the County of Sonoma.
EXHIBIT "B" attached and by this reference made a part hereof.
�%,AND�
M C. P
Prepared by Baechtel Hudis Inc. Q
d �
No. LS 6318
By.Zff: 11-2 2-
Ra"IPK Moody, LS 5316 Date
My License Expires December 31, 2017
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LEGEND:
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PROPERTY BOUNDARY -- - _
AP NO. 143-840-024 O
229 MAPS, 49,50 & 51
EASEMENT
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AP NO. 143-840-039
EASEMENT AREA jI�_Z7
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LOCATION MAP
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CITY OF ROHNERT PARK
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PR/TCHARD o; COUNTRY CLUB ESTATES
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DOC. NO, 20098043204 O
SUM WS/ON NO. 5
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AP NO. 143-840-024 O
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AP NO. 143-840-039
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BBHICKS LLC. o�
DDC. NO 20118020976-79
AP NO. 143-840-006 y N 85G+553" jy
POINT OF
BEGINNING
PRI VA 1F INGRESS AND
EGRESS EASEMENT IN
FAVOR OF BBHICKS L.L.C.
1,355 5F.j
THIS DIAGRAM IS FOR GRAPHIC
PURPOSES ONLY, ANY ERRORS
OR OMISSIONS SHALL NOT EFFECT
THE LEGAL DESCRIPTION.
BASIS OF BEARINGS:
AS SHOWN UNIT A, COUNTRY CLUB
ESTATES SUBDIVISION NO. 5, IN
BOOK 229 MAPS, PAGE 49, 50 &
51, SONOMA COUNTY RECORDS.
PN,.. �LS 5316
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EXHIBIT "CF'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR INGRESS AND EGRESS EASEMENT, LANDS
OF ROHNERT PARK, PARCEL "B", BOOK 229
MAPS PAGES 49-51, OFFICIAL RECORDS OF
SONOMA COUNTY.
JUNE 2016
PREPARED BY:
131 STONY CIRCLE, S
BAECHTEL HUDIS BHSANTA ROSA, CALIF. 9540E 1000
CONSULTING CIVIL ENGINEERS & PLANNERS (707) 542-8795
PAGE 2 OF 2