2017/08/08 City Council Resolution 2017-100RESOLUTION NO. 2017-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE GRANT OF TWO EASEMENTS TO SONOMA COUNTY WATER
AGENCY FOR THE PURPOSE OF SERVING THE HIGH PRESSURE
TRANSMISSION LINE THROUGH ROHNERT PARK
WHEREAS, the Sonoma County Water Agency (SCWA) provides water to a number of
cities and water districts, including the City of Rohnert Park, through its water transmission
system; and
WHEREAS, SCWA's operation and maintenance of its transmission system is critical to
the delivery of a reliable water supply to residents and business in the City; and
WHEREAS, SCWA is planning to construct monitoring wells along its transmission
main easement, located within City property in some areas, in order to monitor for pipeline
performance and leaks, and two of these wells utilize portions of City property for access and
infrastructure; and
WHEREAS, SCWA was historically able to access its high pressure transmission line in
Rohnert Park through driveways that are now inaccessible due to improvements to the railroad
and adjacent pathway; and
WHEREAS, the City -owned Golf Course (Assessor's Parcel Number (APN) 143-360-
046) provides an alternative route for SCWA to access the existing SCWA transmission main
easement; and
WHEREAS, the City -owned landscape strip north of Southwest Boulevard (APN 143-
480-010) is also a practical location for electrical equipment that services one of the monitoring
wells; and
WHEREAS, SCWA has requested permanent access and equipment location easements
across the subject properties; and
WHEREAS, the City is willing to grant the easements in consideration of the benefit of
having the transmission line that serves Rohnert Park and other agencies monitored and serviced,
and for a fair market value of $2,750;
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 SCWA for the purpose of
accessing and servicing its transmission main, monitoring wells, and locating equipment to
support the monitoring of the wells with the following conditions:
1. New power service lines must not be run overhead and must not be visible to the
public
2. As required, significant above ground improvements, such as equipment, must be
reviewed by the planning department prior issuing permits for the project
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate the grant of the two easements by and on behalf of the City of
Rohnert Park, including execution and recordation, if necessary, in substantially similar form to
the easements and agreements attached hereto as Exhibit "A", and incorporated herein by this
reference, subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to take
any and all actions necessary to record the transaction in accordance with generally accepted
accounting principles (GAAP).
DULY AND REGULARLY ADOPTED this 8"' day of August, 2017.
CITY OF ROHNERT PARK
ATTEST:
Anne M. Buergler, City Clerk
Attachment: Exhibit A
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2017-100
Exhibit A
RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
EASEMENT AND AGREEMENT
This Easement and Agreement ("Agreement") is made by and between the Sonoma County
Water Agency, a body corporate and politic, organized and existing under and by virtue of the laws of
the State of California (hereinafter referred to as "Water Agency") and the City of Rohnert Park, a
political subdivision of the State of California (hereinafter referred to as "Grantor").
RECITALS
WHEREAS, Grantor is the owner of certain real property in Sonoma County, California, more
particularly described as follows:
Real property described in that certain Grant Deed recorded on May 18, 1973 in Book
2763, beginning at Page 769, Official Records of the County of Sonoma, being a portion
of Lot C as shown and designated upon the Map of Colegio Vista Unit 3, filed on May 3,
1973, in Book 184, beginning at Page 47, Official Records of Sonoma County, and
identified by the Sonoma County Assessor's Office as Assessor's Parcel Numbers 143-
480-010 (hereafter referred to as the "Grantor's Property").
WHEREAS, Water Agency owns and operates a water transmission pipeline within an
existing easement in Sonoma County, California, more particularly described as follows:
Being that certain easement recorded on July 12, 1963 in Book 1973, beginning at Page
700, Official Records of Sonoma County, (hereafter referred to as the "Aqueduct
Easement").
WHEREAS, Water Agency requires a permanent easement over Grantor's Property
within that certain real property described in Exhibit "A" (hereafter "the Easement Area"),
attached hereto, and by this reference hereby made a part of this Easement Access Agreement,
for the purposes of construction, maintenance, operation, inspection, repair, alteration,
enlargement, and reconstruction of appurtenances needed in connection with one or more water
transmission pipelines located within the Water Agency's Aqueduct Easement.
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NOW, THEREFORE, for good and valuable consideration and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, Grantor and Water
Agency covenant and agree as follows:
AGREEMENT
1. GRANT OF NON-EXCLUSIVE EASMENT: Grantor does hereby grant to the
Water Agency an easement for construction, maintenance, operation, inspection, repair,
alteration, enlargement, and reconstruction of appurtenances relating to one or more water
transmission pipelines, within the Easement Area. Grantor shall not be responsible for the cost of
recording this Agreement or any accompanying Deed.
2. FURTHER DESCRIPTION OF EASEMENT OVER GRANTOR'S PROPERTY:
The easement granted over the Easement Area is a perpetual easement and right-of-way for the
purposes described herein. The easement does not confer any responsibility or liability on the
Water Agency for any hazardous materials, hazardous substances, or hazardous waste, as those
terms are defined in any Federal, state or local law.
3. TERM AND COMPENSATION: The easement granted herein shall continue indefinitely.
Immediately upon execution of this Agreement, the Water Agency shall issue and deliver payment in
the amount of five hundred dollars and zero cents ($500.00) to Grantor.
4. INDEMNIFICATION: Each party (the "Indemnifying Party") agrees to accept all
responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and
release the other party (the "Indemnified Party"), its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or
entity, including either party, arising out of or caused by the negligence or willful misconduct of the
Indemnifying Party, except to the extent that such actions, claims, damages, disabilities or expenses
arise out of or are caused by the negligence or willful misconduct of the Indemnified Party. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for Grantor or its agents under workers' compensation acts,
disability benefit acts, or other employee benefit acts.
5. GRANTOR STATEMENT: Grantor represents that Grantor is not aware of any hazardous,
toxic or petroleum product substances or materials in, on or near the subject property.
6. IMMEDIATE ACCESS: Grantor hereby grants permission to Water Agency, acting through
its duly authorized agents, representatives, or contractors, to enter upon that portion of Grantor's
property needed in order to undertake the inspection activities referred to herein. It is understood
that Grantor does not waive liability of Water Agency or Water Agency's contractor for injury to
person or property arising out of negligence in conducting such activities.
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7. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefit of
the parties hereto and their respective successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
8. NOTIFICATION: In the event Grantor sells, conveys, or assigns any property interests
encumbered by this Agreement, Grantor shall notify the successor or assignee of the rights and
obligations of both parties as included herein.
9. SURVIVAL OF AGREEMENT: This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein shall survive the closing of this
transaction and the recordation of this easement agreement.
10. ENTIRE UNDERSTANDING: This writing is intended both as the final expression of the
Agreement between the parties hereto with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement, pursuant to California Code of Civil Procedure
§1856. No modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
11. SIGNATURES OF GRANTOR: Grantor represents and warrants that (a) Grantor is the sole
legal and lawful owner of the Property, (b) Grantor has the requisite authority to execute this
agreement on behalf of the interest they represent herein, and to grant the easement conveyed herein to
the Agency, and (c) no other party has any legal or equitable claim to or interest in the Property.
12. SUBORDINATION AGREEMENT: Grantor warrants that Grantor is the owner in fee
simple of the Property, and that on the date it executed this Agreement the Grantor's Property was not
subject to any deeds of trust or other encumbrance.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
Grantor:
Executed by the City of Rohnert Park this day of
20
Darrin Jenkins
City Manager
Sonoma County Water Agency:
Executed by the Sonoma County Water Agency this day of , 20 ,
pursuant to authority granted by Agenda Item No. 1 dated March 21, 2017:
an
Grant Davis
General Manager
Approved as to Form:
Lo
Deputy County Counsel
Date:
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CALIFORNIA ALL-PURPOSE 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,
Date
personally appeared
Here Insert Name and Title of the Officer
Name(s) 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(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
Place Notary Seal Above Signature of Notary Public
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Exhibit "A"
Legal Description
Easement Area
Real Property situated in the City of Rohnert Park, County of Sonoma, State of California,
described as follows:
That portion of the real property described in that certain Grant Deed recorded on May 18,
1973 in Book 2763, beginning at Page 769, Official Records of the County of Sonoma, being a
portion of Lot C as shown and designated upon the Map of Colegio Vista Unit 3, filed on May 3,
1973, in Book 184, beginning at Page 47, Official Records of Sonoma County, and being more
particularly described as follows:
The westerly 27,00 feet of the southerly 10.00 feet of said Lot C, containing 270 square feet,
more or less and being a portion of APN 143-480-0110.
This legal description and its accompanying plat were prepared by my in March 2017.
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Page 6 of 8
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Petaluma Aqueduct — Cathodic Upgrade Project
EXHIBIT "A-1"
EASEMENT AREA
CP -STATION NO.4
Page 7 of 8
PROJECT/TASK: T0188CO12
DATE - 03/31/17
DRAWN BY: JM
CHECKED BY:
SHEET NO. 1 OF 1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Easement and Agreement dated
from the County of Sonoma, a political subdivision of the State of
California, to the Sonorna County Water Agency, a body corporate and politic, organized and existing
under and by virtue of the laws of the State of California, is hereby accepted pursuant to authority by
Resolution No. 10-0140a of the Board of Directors of the Sonoma County Water Agency on February
24, 2010
Dated:
Sonoma County Water Agency
Grant Davis
General Manager
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RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
ACCESS EASEMENT AND AGREEMENT
This Access Easement and Agreement ("Agreement") is made by and between the Sonoma
County Water Agency, a body corporate and politic, organized and existing under and by virtue of the
laws of the State of California (hereinafter referred to as "Water Agency") and the City of Rohnert
Park, a municipal corporation (hereinafter referred to as "Grantor").
RECITALS
WHEREAS, Grantor is the owner of certain real property in Sonoma County, California, more
particularly described as follows:
Being the lands of the City of Rohnert Park as described in that certain Quitclaim Deed,
recorded on September 7, 2001 as Document Number 2001122927, Official Records of
Sonoma County and identified by the Sonoma County Assessor's Office as Assessor's
Parcel Number 143-360-046 (hereafter referred to as the "Grantor's Property").
WHEREAS, Water Agency owns and operates a water transmission pipeline within an
existing easement in Sonoma County, California, more particularly described as follows:
Being those certain easements recorded on July 12, 1963 in Book 1973, beginning at
Page 703, and Book 1973, beginning at Page 706, Official Records of Sonoma County,
(hereafter referred to as the "Aqueduct Easement").
WHEREAS, Water Agency requires a permanent easement over Grantor's Property
within that certain real property described in Exhibit "A" (hereafter "the Easement Area"), for
ingress to and egress from the Water Agency's Aqueduct Easement over and across roads and
lanes thereon, if such there be, otherwise by such roads or routes through Grantor's Property as
shall occasion the least practicable damage and inconvenience to Grantor, for the purposes of
ingress to and egress from the Aqueduct Easement for the purpose of construction,
maintenance, operation, inspection, repair, alteration, enlargement, and reconstruction of one or
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more water transmission pipelines, and all necessary appurtenances thereto located within the
Aqueduct Easement.
NOW, THEREFORE, for good and valuable consideration and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, Grantor and Water
Agency covenant and agree as follows:
AGREEMENT
I. GRANT OF NON-EXCLUSIVE, EASMENT: Grantor does hereby grant to the
Water Agency an easement for ingress and egress to the Aqueduct Easement for construction,
maintenance, operation, inspection, repair, alteration, enlargement, and reconstruction of one or
more water transmission pipelines, and all necessary appurtenances thereto within the Aqueduct
Easement. Grantor shall not be responsible for the cost of recording this Agreement or any
accompanying Deed.
2. FURTHER 'DESCRIPTION OF -EASEMENT OVER GRANTOR'S PROPERTY:
The easement granted over the Easement Area is a perpetual easement and right-of-way for the
purposes described herein. The easement does not confer any responsibility or liability on the
Water Agency for any hazardous materials, hazardous substances, or hazardous waste, as those
terms are defined in any Federal, state or local law.
3. TERM AND COMPENSATION: The easement granted herein shall continue indefinitely.
Immediately upon execution of this Agreement, the Water Agency shall issue and deliver payment in
the amount of two thousand two hundred fifty dollars and zero cents ($2,250.00) to Grantor.
4. INDEMNIFICATION: Each party (the "Indemnifying Party") agrees to accept all
responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and
release the other party (the "Indemnified Party"), its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or
entity, including either party, arising out of or caused by the negligence or willful misconduct of the
Indemnifying Party, except to the extent that such actions, claims, damages, disabilities or expenses
arise out of or are caused by the negligence or willful misconduct of the Indemnified Party. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for Grantor or its agents under workers' compensation acts,
disability benefit acts, or other employee benefit acts.
5. ACCESS NOT.I.FICATION: Grantee shall notify Grantor 48 hours prior to entering
Grantor's property.
6. GRANTOR STATEMENT: Grantor represents that Grantor is not aware of any hazardous,
toxic or petroleum product substances or materials in, on or near the subject property.
7. IMMEDIATE ACCESS: Grantor hereby grants permission to Water Agency, acting through
its duly authorized agents, representatives, or contractors, to enter upon that portion of Grantor's
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property needed in order to undertake the inspection activities referred to herein. It is understood
that Grantor does not waive liability of Water Agency or Water Agency's contractor for injury to
person or property arising out of negligence in conducting such activities.
8. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefit of
the parties hereto and their respective successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
9. NOTIFICATION OF SUCCESSORS: In the event Grantor sells, conveys, or assigns any
property interests encumbered by this Agreement, Grantor shall notify the successor or assignee of the
rights and obligations of both parties as included herein.
10. SURVIVAL OF AGREEMENT: This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein shall survive the closing of this
transaction and the recordation of this easement agreement.
11. ENTIRE UNDERSTANDING: This writing is intended both as the final expression of the
Agreement between the parties hereto with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement, pursuant to California Code of Civil Procedure
§1856. No modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
12. SIGNATURES OF GRANTOR: Grantor represents and warrants that (a) Grantor is the sole
legal and lawful owner of the Property, (b) Grantor has the requisite authority to execute this
agreement on behalf of the interest they represent herein, and to grant the easement conveyed herein to
the Agency, and (c) no other party has any legal or equitable claim to or interest in the Property.
13. SUBORDINATION AGREEMENT: Grantor warrants that Grantor is the owner in fee
simple of the Property, and that on the date it executed this Agreement the Grantor's Property was not
subject to any deeds of trust or other encumbrance.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
Grantor:
W.
Darrin Jenkins
City Manager
Sonoma County Water Agency:
Date:
Executed by the Sonoma County Water Agency this day of
20 , pursuant to authority granted by Agenda Item No. 1
dated March 21, 2017:
Grant Davis
General Manager
Approved as to Form:
Date:
Deputy County Counsel
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EXHIBIT "A"
Legal Description
Easement Area
Foxtail Golf Course — Rohnert Park
Real Property situated in City of Rohnert Park, County of Sonoma, State of California, described as
follows:
A portion of the real property conveyed to the City of Rohnert Park by (i) that certain Corporation Grant
Deed recorded July 18, 1984 as document 1984-048956, and (ii) that certain Quitclaim Deed recorded
September 7, 2001 as document 2001-122927, Official Records of Sonoma County, (the hereinabove
real property being hereinafter collectively referred to as the "Lands of the City") and which is more
particularly described as follows:
Segment A
A strip of land 30.00 feet in in width, lying 15.00 feet each side of the following described centerline:
Commencing for reference at a brass disk monument in a street well marking the centerline of Golf
Course Drive, 168.01 feet northwesterly of its intersection with the center of Red Lion Drive (now
Doubletree Drive) as shown upon that certain map entitled Rohnert Park Parcel Map No. 160, filed for
record in book 555 of Maps, beginning at page 43, Official Records of Sonoma County, and from which
(brass disk monument) a 1-1/2 inch iron pipe tagged L.S. 2757 bears South 0200'08" West 836.71 feet
(calculated) as shown upon said Parcel Map No. 160; Thence departing from said centerline of Golf
Course Drive, South 56°01'05" East 667.79 feet to a point on the northeastern boundary of the Lands
of the City, being the Point of Beginning of the centerline hereby described; Thence from said Point of
Beginning, departing from said northeastern boundary, South 2732'00" West 8.00 feet (1-1) to the
beginning of a tangent curve, concave easterly and having a radius of 253.00 feet; Thence along the arc
of said curve (C1), deflecting to the left through a central angle (delta) of 3137'09", for an arc distance
(length) of 139.62 feet to the beginning of a reverse curve, concave westerly and having a radius of
247.00 feet; Thence along the arc of said curve (C2), deflecting to the right through a central angle
(delta) of 2200'55", for an arc distance (length) of 94.91 feet to a point hereinafter referred to as Point
"A" and being the Point of Terminus of said centerline (Segment A).
The side lines of the hereinabove strip of land (Segment A) shall be extended or shortened in order to
form true intersections with: (i) the sidelines of the hereinafter described strip of land (Segment B-1)
as necessary to join the segments described herein as contiguous strips of land, and (ii) the
northeastern boundary of the Lands of the City at the Point of Beginning of the hereinabove described
centerline.
Page 5 of 8
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Segment B-1
A strip of land 15.00 feet in in width, lying 7.50 feet each side of the following described centerline:
Beginning at the hereinabove described Point "A"; Thence South 38°00'00" West 159.98 feet (1-2);
Thence South 1140'07" West 33.82 feet (L3); Thence South 38'00'00" West 225.59 feet (1-4); Thence
South 5434'40" West 26.29 feet (1-5); Thence South 3800'00" West 137.76 feet L6); Thence South
0503'25" West 72.74 feet (L7) to a point on a line that is parallel with and 7.50 feet distant
northeasterly of the northeastern boundary of the 25.00' wide strip of land described in that certain
Easement (deed) recorded July 12, 1963 in book 1973 of Official Records, beginning at page 706 (said
strip of land is herein after referred to as the S.C.W.A. Easement (1973 O.R. 706); Thence parallel with
said northeastern boundary of the S.C.W.A. Easement (1973 O.R. 706), South 2539'33" East 336.39
feet to a point of intersection with a line that is perpendicular to said parallel line at Engineers Station
294+00 of the Petaluma Aqueduct, as said station is shown upon the plans the Petaluma Aqueduct
Water Transmission Pipeline on file with the Sonoma County Water Agency, said point of intersection
being the Point of Terminus of the centerline herein described.
The side lines of the hereinabove strip of land (Segment B-1) shall be extended or shortened in order
to form true intersections with the sidelines of the hereinabove described strip of land (Segment A), as
necessary to join the Segments described herein as contiguous strips of land.
The area collectively encompassed by the strips of land herein described contain 22,174 square feet
(0,509) acres more or less.
Bearings called for by this legal description are based upon said Parcel Map No. 160.
This Legal Description and its accompanying plat were prepared by me or under my direction in July
2017.
. .y No 6122� % II ir%
John R. MonagtiL6122Date
Page 6 of 8
July 10, 2017
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W
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J POINT OF COMMENCEMENT
BRASS DISK MONUMENT IN WELL
PER PARCEL MAP NO. 160
I w ` _ PER 55 MAPS 43
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CITY OF ROHNERT PARK
2325 O.R. 387
rovT11FASEMENT AREA `� N .,A u; � 15' (WIDE) EASEMENT AREA
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22,174 SO. FT. (0.509 ,Ac.)± r, '' -S.� A� /� (SEGMENT "B-1")
LINE & CURVE DATA �,�3 A,
L1 S27°32'00"W &00' �, �=1� �•�\ �i A.P.N. 1 OHNER -046
\/�� CITY OF ROHNERT PARK
C1 R=253.00' `p nO`, �, ;`" DOC. 2001-122927
A =31'37'09" � - Jp 1, ,` \} ' (FOXTAIL GOLF COURSE)
L=139.62'
C2 R=247.00'
A =22°00'55"
L=94.91'
L2 S38'00'00"W 159.98'
L3 S11 °40'07"W 33.82'
L4 S38°00'00"W 225.59'
L5 S54°34'40"W 2&29-
L6 S38°00'00"W 137.76'
L7 S05°03'25"W 72.74'
70NOMA REVISIONS
C 0 U N T Y REV. DATE E
SATE 1 07/10/17 J
SPLIT EASEMEN
A&B-1 B-2&3
TING 25' (WIDE) S,C.W.A. EASEMENT
1973 O.R. 706
PETALUMA CATHODIC UPGRADE PROJECT
EXHIBIT A-1
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EASEMENT AREA — FOXTAIL GOLF COURSE
Pahe 7 of 8
PROJECT/TASK: T0188CO12
DATE , 05/24/17
DRAWN BY: JM
CHECKED BY:
SHEET NO. 1 OF 1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Access Easement and Agreement
dated , from City of Rohnert Park, a municipal corporation to the
Sonoma County Water Agency, a body corporate and politic, organized and existing under and by virtue
of the laws of the State of California, is hereby accepted pursuant to authority by Resolution No. 10-
0140a of the Board of Directors of the Sonoma County Water Agency on February 24, 2010
Dated:
Sonoma County Water Agency
Grant Davis
General Manager
T:\water trans\Petaluma Aqueduct\Corrosion Protection\Acquisition\City of Rohnert Park\Aqueduct access agreement -City of Rohnert Park Segment A
and B 1 - 060117 docx
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