2017/10/24 City Council Resolution 2017-125RESOLUTION NO. 2017-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT
AGREEMENT WITH SONOMA COUNTY WATER AGENCY AND RELATED
ACTIONS
WHEREAS, the Residences at Five Creek ("Five Creek") project is located on a 15.29
acre site covered by the Stadium Area Master Plan ("SAMP"); and
WHEREAS, public improvements required as part of Five Creek include a new storm
drain line and storm water outfall into Hinebaugh Creek; and
WHEREAS, review and approval from several outside agencies were required for the
storm drain and outfall, which included review by the Sonoma County Water Agency
("SCWA"); and
WHEREAS, SCWA requires an easement be put in place for the portion of the outfall
running through SCWA property as part of their approval process; and
WHEREAS, City and SCWA staff have reviewed and approved the easement agreement
documents and improvement plan documents associated with the storm water outfall;
WHEREAS, the storm water outfall was captured in the initial Environmental Impact
Report ("EIR") that was approved for the SAMP in 2008;
WHEREAS, a Mitigated Negative Declaration was approved by City Council on January
10, 2017 where the changes in the outfall construction were captured as part of several plan
amendments;
WHEREAS, the proposed action will have no impact on the City's General Fund,
because the cost of the easement appraisal and SCWA fees will be billed to the developer
through the City's formal reimbursement agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that is does hereby approve the easement agreement with SCWA as shown in Exhibit A;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate the grant of the easement agreement by and on behalf of the City
of Rohnert Park, including execution and recordation, if necessary, in substantially similar form
to the easement and agreements attached hereto as Exhibit "A", and incorporated herein by this
reference, subject to minor modifications by the City Manager and 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 24th day of October, 2017.
CITY OF ROHNERT PARK
ATTEST:
�L--a-IML JL4_
GJAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: Aye BELFORTE: Ale CALLINAN: Ale STAFFORD: A 1 f MACKENZIE:
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( O )
(2)
2017-125
Exhibit n to Resolution
RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
Department of Public Works
600 Enterprise Dr.
Rohnert Park CA, 94928
1434140-017
EASEMENT AGREEMENT
This Easement 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 (herein after referred to as the "Agency") and the City of Rohnert Park, a
Municipal Corporation (herein after referred to as the "City").
RECITALS
WHEREAS, Agency is the owner of certain real property located within the City of Rohnert
Park, County of Sonoma, State of California commonly known as the Hinebaugh Creek Channel, and
being more particularly described as follows:
All that certain real property conveyed to the Sonoma County Water Agency by that
certain Grant Deed recorded on October 15, 1965 in Book 2162, Page 777 Official
Records of Sonoma County, California (herein after referred to as the "Agency
Property").
WHEREAS, City wishes to obtain a permanent easement interest in portions of the Agency
Property for the purpose of installation and maintenance of storm drain improvements required for
the Residences at Five Creek Project (the "Project"), which property is particularly describe as
follows:
That portion of the hereinabove described real property more particularly described in
Exhibit "A" and shown for reference in Exhibit "A-1 attached hereto, and by this
reference hereby made a part of this Agreement (hereinafter referred to as the
"Easement Area").
NOW, THEREFORE, for good and valuable consideration, and in consideration of the mutual
covenants, terms, conditions and restrictions contained herein, Agency and City covenant and agree
as follows:
Page 1 of 10
Exhibit A to Resolution
AGREEMENT
1. Grant of Non -Exclusive Easement. Agency hereby grants to City a non-exclusive
easement over Easement Area of the nature, character and extent, and subject to the conditions, set
forth in this Agreement.
2. Descriptimi of Fasement_ rivet• Agency Property. The easement granted over the
Easement Area is a perpetual easement and right-of-way for the purpose of laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating and using the Project, in
accordance with improvement plans entitled: Residences at Five Creek Project dated, March 2017.
Said easement shall exist in, under, along, and across the Easement Area and shall include the right,
at all times to enter in, over and upon said Easement Area for all purposes described above in this
paragraph; provided, however, that said use does not damage or unreasonably restrict Agency's full
use of the Agency Property. Agency reserves the right to install, construct, operate, and maintain both
its existing improvements and any future improvements on the Agency Property, so long as such future
improvements do not unreasonably interfere with City's use of the Easement Area and the rights
granted hereunder. This easement is granted on the condition that City's use of the easement does not
damage or unreasonably restrict Agency's full use of existing Agency improvements. The grant of
easement herein is subject and subordinate to the rights of Agency, and its successors and assigns, to
use the Agency Property in the performance of its governmental and proprietary functions.
3. Term. The easement herein granted shall continue in perpetuity until termination of
this Agreement.
4. Maintenance of Easement. City shall maintain all City improvements within the
Easement Area at City's sole cost and expense. Any reconstruction or maintenance activities
performed by City and related to the easement shall not unreasonably interfere with the Agency's
continued use of the Agency's Property, including the Easement Area, for any purpose. City shall not
materially alter or reconstruct the Project without first obtaining Agency's written approval of plans
for such alteration or reconstruction, which shall not be unreasonably withheld, conditioned or
delayed, provided such plans are consistent with the purpose of the easement granted herein and the
Project. City shall promptly repair and restore to its original condition any of Agency's Property,
including, but not limited to, the engineered channel and access road that may be damaged or destroyed
in connection with City's use of the Easement Area.
5. Waste or Nuisance; Agency's Rights in Property. City shall not commit or suffer: (a)
any waste or nuisance within the Easement Area; or (b) any action on the Easement Area in violation
of any law or ordinance. City shall not undertake or permit any activity or use on the Easement Area
that is inconsistent with the purpose of this Agreement, including, without limitation, the following
activities: (a) constructing, reconstructing, replacing, repairing, or maintaining any building, structure,
utilities, or other improvement other than as generally consistent with the Residences at Five Creek
Project, dated, March 2017; (b) altering the surface or contour of the land in any manner not consistent
with the Residences at Five Creek Project, dated, March 2017, including, but not limited to, excavating
or removing soil, sand, gravel, rock, sod, trees, shrubs, plants or vegetation, without Agency's prior
written approval, except as necessary to maintain and repair the Project in accordance with Paragraph
4; (c) degrading or eroding the soil or polluting any surface or sub -surface waters; (d) dumping,
accumulating, or storing trash, ashes, garbage, waste, junk, non-operative vehicles, or other materials;
Page 2of10
Exhibit A'to Resolution
(e) damaging the integrity of the surface beyond normal wear and tear; (f) exploring for or developing
and extracting minerals and hydrocarbons by any mining method, surface or otherwise; (g) parking
any vehicle other than for maintenance and repair by the City; and (h) placing or leaving any personal
property of City or City's tenants, other than is necessary for appropriate uses of the easement, such
as signage.
6. Non -Liability ofAgency; Indemnity. Agency and its officers, agents, and employees
shall not be liable to City or any third party for any injury, loss, or damage arising out of or in
connection with the use of the easement by City or its employees or contractors, granted herein. City
agrees to defend, indemnify, hold harmless, and release Agency, and its officers, agents, and
employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be
asserted by any person or entity, including City, relating to the laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating and using the Project, or to the
use of the easement granted herein by City or its employees or contractors, but excluding liability to
the extent of the negligence or sole willful misconduct of Agency, its officers, agents or employees.
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 the City or its agents under workers' compensation acts,
disability benefit acts, or other employee benefit acts. City agrees to compensate Agency for any
damage to Agency property as a result of the construction, operation, or maintenance of the Project.
If future laws or regulations require a greater separation between the Project and any Agency
improvements, City shall relocate the Project accordingly and be responsible for any costs associated
with the relocation. The obligations of this Paragraph survive termination of the Agreement.
7. Enforcement. If through inspection or otherwise Agency determines that City is in
violation of the provisions of this Agreement or that a violation is threatened, Agency shall give written
notice to City of such violation and demand corrective action sufficient to cure the violation. If City
fails to cure the violation within thirty (30) days after receipt of notice thereof from Agency, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to
begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such
violation until finally cured, Agency may bring an action to enforce the provisions of this Agreement,
enjoin the violation, recover damages and enforcement costs for the violation, and require restoration
of the easement to the condition that existed prior to the violation. If Agency reasonably determines
that circumstances require immediate action to prevent or mitigate an imminent threat to public health
or safety, Agency may pursue its remedies under this paragraph without waiting for the period for cure
to expire, though Agency shall notify City as soon as possible, either prior to any action or immediately
thereafter.
8. Enforcement Discretion. Enforcement of the provisions of this Agreement shall be at
the discretion of the Parties, and any forbearance by a Party to exercise its rights under this Agreement,
in the event of any breach of any provision of this Agreement by the other Party, shall not be deemed
or construed to be a waiver by the Party of such provision or of any subsequent breach of the same or
any other provision of this Agreement, or of any of the Party's rights under this Agreement. No delay
or omission by a Party in the exercise of any right or remedy upon any breach by the other Party shall
impair such right or remedy, or be construed as a waiver.
Page 3of10
Exhibit A to Resolution
9. Access aiid Control. Nothing contained in this Agreement shall be construed as
precluding Agency's right to grant access to third parties across the Easement Area, so long
as any rights so granted are not inconsistent with the purpose of this easement or the rights
granted to City herein.
10. 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.
11. Amendment. If circumstances arise under which an amendment or modification of
this Agreement would be appropriate, City and Agency shall be free to jointly amend this
Agreement. Any such amendment shall be recorded in the Office of the Sonoma County
Recorder.
12. N(f ticcs. Any notice, demand, request, approval, or other communication that either
party desires or is required to be given under this Agreement shall be in writing and may be
given by personal delivery or by mail. Notices, demands, requests, approvals, or other
communications sent by mail should be addressed as follows:
Agency: Sonoma County Water Agency
Attention: General Manager
404 Aviation Boulevard
Santa Rosa, CA 95403
City: City of Rohnert Park
Department of Public Works
600 Enterprise Dr.
Rohnert Park Ca 94928
and when so addressed, shall be deemed given upon deposit in the United States Mail,
registered or certified, return receipt requested, postage prepaid. In all other instances,
notices, demands, requests, approvals, or other communications shall be deemed given at the
time of actual delivery. Changes may be made in the names and addresses of the persons to
whom notices, demands, requests, approvals, or other communications are to be given by
giving notice pursuant to this section.
13. Aplilicable Low and Fol'tllll. Interpretation and performance of this Agreement shall
be governed by California law and any action to enforce the provisions of this Agreement, or
the breach thereof, shall be brought and tried in the County of Sonoma.
14. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed
to create, and the parties do not intend to create, any rights in third parties.
Page 4 of 10
Exhibit A to Resolution
15. Integraitior}. This Agreement is the final and complete expression of the agreement
between the parties and any and all prior or contemporaneous agreements written or oral are
merged into this instrument.
16. Captions. The captions in this Agreement have been included solely for convenience
of reference. They are not a part of this Agreement and shall have no effect upon its
construction or interpretation.
17. Survival ce l' Agree mem. This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein, shall survive the
closing of this transaction and recordation of any deed or other document related hereto.
18. Title to Ag iicy PrgpSrty. It is understood that the City intends to perform its own
title review and obtain title insurance for the easement rights to be acquired from the Agency.
The Agency is authorized to grant and covey this easement, subject to any and all senior rights
that may exist in and to the Agency Property.
Page 5 of 10
Exhibit A to Resolution
IN WITNESS WHEREOF, Agency and City have executed this Agreement as set
forth below.
SONOMA COUNTY WATER AGENCY:
Executed by the Sonoma County Water Agency this _ day of
2017, pursuant to authority granted by Agenda Item No.
dated , 2017:
an
Attest:
By: —
Shirlee Zane
Directors
Chair, Board of Directors
Reviewed as to Substance:
By:
Date:
General Manager
Approved as to Form:
Date:
Deputy County Counsel
CITY OF ROHNERT PARK, a municipal corporation:
By:
City Manager
Resolution Number:
Approved as to Form:
Date:
Page 6of10
Clerk, Board of
City Attorney
Exhibit A to Resolution
Date:
Page 7 of 10
Exhibit A to Resolution
Exhibit "A
Insert Legal Description from City
Page 8 of 10
Exhibit A to Resolution
Exhibit "A-1"
Insert Plat of Legal Description
Page 9of10
Exhibit A to Resolution
Page 10 of 10
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT AREA
Lying within the City of Rohnert Park, County of Sonoma, State of California and being
a portion of the lands of Sonoma County Flood Control and Water Conservation District
as recorded in Book 2162, Official Records, Page 777, Sonoma County Records said
portion is more particularly described as follows:
BEGINNING at a point on the northerly line of said lands of Sonoma County Flood
Control and Water Conservation District from which the southwest corner of Lot I as
shown on Parcel Map No. 180 filed in Book 736 of Maps at Pages 30 through 32,
Sonoma County Records, bears South 89°53'32" West 11.68 feet; thence along the
northerly line of said lands of Sonoma County Flood Control and Water Conservation
District, also being the southerly line of said Lot 1, South 89°53'32" West 11.68 feet to
the southwest corner of said Lot 1; thence continuing along the northerly line of said
lands of Sonoma County Flood Control and Water Conservation District, South
89°53'32" West 60.00 feet to the southeast corner Lot 28 as shown on that map entitled
"Laguna Verde Industrial Subdivision" tiled in Book 292 of Maps at Pages 26 through
28, Sonoma County Records; thence continuing along the northerly line of said lands of
Sonoma County Flood Control and Water Conservation. District, also being the southerly
line of said Lot 28, South 89°53'32" West. 28.93 feet; thence leaving said northerly line
South 00°06'28" East 57.76 feet; thence North 89°53'32" East 15,00 feet; thence North
00606'28" West 42.76 feet; thence North 89°53'32" East 53.66 feet; thence North
64°44'42" East 35.30 feet to the POINT OF BEGINNING.
Containing 1,911 Square Feet more or less
Being a portion of APN 143-040-017
BASIS OF BEARING
Being South 89°34'00" East between found 2" brass disks stamped RCE 10578 in Monument
Wells along the centerline of Business Park Drive as shown on that map entitled "Rohnert
Park Business Park Subdivision" filed in for record in Book 375 of Maps, Pages 10 and 11,
Sonoma County Records.
Prepared by Cinquini & Passarino, Inc. �L LA8,0
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1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 Fax: (707) 542-2106
www.cinquinipassarino.com
CPI No.: 7277-16
Page 1 of 2
I
EXHIBIT 'A— V
THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY
ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL
DESCRIPTION.
LANDS OF
JACKSON -BEINING, LLC
APN 143-930-028
DN 2011-050678
h�rti_A
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rn
60.001 R1w
CITY O� ROHNER PARK
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t_ HINEBAUGH GREEK
SITE
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ROHNERT PARK EXPRESSWAY
SITE MAP (NO SCALE)
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LANDS OF
CITY OF ROHNERT PARK
APN 143-040-124
DN 2001-173231
589'53'32"W
100.61°
60.00.
EASEMENT AREA
11'GEi- r X30 POB
�.
1,911 SQ. FT.
to
ta6� k
N89'53'32"E 53.66'
io
n
w r•
BASIS_ OF BEARINGS
`Do HINEBAUGH
RECORD OF SURVEY 736 MAPS 30-33 S.C.R.
N CREEK
LEGEND
O 2-1/2" BRASS DISK,
STAMPED "RCE 18302"
DN DOCUMENT NUMBER
O.R. OFFICIAL RECORD
APN ASSESSOR PARCEL NUMBER
N89'53'32"E
S.G.R. SONOMA COUNTY RECORDS
15 00'
POB POINT OF BEGINNING
= EASEMENT AREA
LANDS OF
SONOMA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION
APN 143-040-017
CINQUINI & PASSARINO, INC.
DN 2162 O.R. 777
LAND SURVEYING
GRAPHIC SCALE
zo Ci to
I inch = 20 ft.
®BOUNDARY 1360 No. Dutton Ave.
® TOPOGRAPHIC Santa Rosa, Co. 95401
® CONSTRUCTION Phone: (707) 542.-6268
A SUBDIVISIONS Fax: (707) 542•-2106
WWW.CIN OU1NI PASSARtNO.COM
JOB NAME: LOT 1—STADIUM LANDS DRAWN BY: MD CHECKED BY: AGC
SCALE: 1"=20' DATE: 5/26/2017
DESCRIPTION: STORM DRAIN EASEMENT JOB #: 7277-16 PAGE: 2 OF 2