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2017/12/12 City Council Resolution 2017-142RESOLUTION NO. 2017-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A GRANT OF TRAIL EASEMENT AGREEMENT WITH VAST OAK EAST LP FOR A PORTION OF THE HINEBAUGH CREEK TRAIL LOCATED WITHIN THE VAST OAK EAST DEVELOPMENT WHEREAS, the conditions of approval for the University District Specific Plan require the Developer to dedicate a trail along Hinebaugh Creek, within the project area, to the City; and WHEREAS, portions of this trail have been dedicated on the approved final maps for the Vast Oak West and Vast Oak developments within the University District; and WHEREAS, the historic configuration of the large lot parcels that compromise the University District has resulted in a situation where a small portion of the Hinebaugh Creek Trail within the Vast Oak East portion of the development lies outside of the area covered by the approved final maps; and WHEREAS, the University District developer has offered to dedicate this small portion of the trail through a separate easement agreement in order to satisfy its conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between Vast Oak LP, a California Limited Partnership, and the City of Rohnert Park, a municipal corporation, for a portion of the Hinebaugh Creek Trail located within the Vast Oak East Development. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Easement Agreement for and on behalf of the City of Rohnert Park in substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney, and to take all actions and execute documents to effectuate the acceptance of the easement and the terms of the agreement, including execution of a certificate of acceptance. DULY AND REGULARLY ADOPTED this 12th day of December, 2017. ATTEST: Caitlin Saldanha, Deputy City Clerk Attachment: Exhibit A CITY OF ROHNERT PARK T� t ��' Q!keJMckenzie, Mayor AiLkNO"111: BI-0—FORTE: J CAI LINAN:Aq? S-I'AUFORD3 /' `7 ` aMACKENZI .: AYES: ( J NOES; ( 0) ABSENT: ( '' } ABSTAIN: ( U ) Exhibit A to Resolution This Document is [recorded rat the Benefit of the City of Rohnert Park and is Exempt frau Fee Per Government Code Sections 6103 and 27383 %Vlicn Recorded, Mail to: City cif Rohnerl lark 134 Avratn Ave. Rohnert Park, CA 94928 SPACK ABOVE y`rci4Iags 1:04 RECORirr:a's IMM GRANT OF TRAIL EASEMENT AGREEMENT This TRAIL EASEMENT AGREEMENT (this "'Agreement") is trade and entered into effective as of this -,4"u day of /A -Vs --b — , 2017, by and between Vast Oak Properties L.P., a California limited partnership (lite " Gritntor"), and the City of Rohnert Park, a municipal corporation (the "Grantee"}, with reference to the following Facts and intentions_ RECITALS A. Grantor is the owner of that certain real property located in the City of lzohncrt. i'ark, County oF-Sono na, State of California (AI'N 159-550-008j as more particularly idcrttifiied on Exh` 't , attached hereto (the; "P"roperty"),, and 8, Grantor is willing to grant to Grantee and Grantee is willing to accept an easement over those certain portions of the Property more particularly described in the legal description attached hereto as 100?it "A" (the "Easement Areti"), for the purpose, of maintaining a trail open to the public, on the terms and conditions as provided herein, NOW, I -HEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: i, Qg%nt Lj I;ttseirr:t Grantor hereby granas to Grantee, its successors and assigns, a non-exclusive, perpetual easement in, on, over, under, across, and through the Easement Area for public access on the Property Mite "Easement'). For the purposes of this Agreement, the right to use the Easement Area for public access shall include the installation, construction, repair, replacement, maintenance, operation, inspection, restoration, modernization and use of the easement area for any activity reasonably related to providing public access. City As urnntec I Restrictions on Used EasementArga, The Easement Area shall not be used for any 1)LIrpcse father than as a trail casement. 'I'lic Parties agree that no buiIding, wall, fence, barrier or other permanent structure of any kind which impairs or inmpedos aucs ss to, or use of, any of the Easement shall be constructed or maintained on the 'Easement Area, nor Shall any deep ranted tree, deep rooted shrubs or other plants or vegetation be installed, constructed, erected, placed, plunted or maintained in the Easenent Arca, nor shall the Parties do anything which shall prevent, impair or disc.uurage the use of the Easement. 3, Mea intenance of the :Basement Area. Grantor may, at its sale cost and expense without reintbursemenl, landscape the surface of tile Easement Area with any vegetation or ground cover that is readily removable, (not to include, however, tiny trees or deep rooted shrubbery), or make such outer use of the surfarce of the Easement Area that will not unreasonably interlerc with Grantees' rise And enjoyruent of the Easement. Any damage caused by Granter, or by any of CFrantor's lessees, liecttsces, penttitces, agents, employees, contractors and/or successors and assigns that occur in the Easement Arca, as a result of the Grantor maintaining the Easement arca shall be promptly repaired, replaced, or compensated for by Grantor, at its solea cost nand experlse. 4. lndernnil:icativn. Granter shall, indetnttify, protect, defend and hold harmless !Grantee, and its officers, agents, employees, contractors licensees, permittees, transferees, successors and assigns (each, an ".indernnitee" and collectively, "Indemnitees") from and against all claims, losses, actions, demands, damages. costs, expenses (including, but.nol 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 whale or in part as a result of the actions during; the construction or maintencauce of the Easement by Grantor or its employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the performance of, or failure to perform, Grantors'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 anythird Party-, (c) violaatioll of any applicable federal, state, or local laws, statutes, regulations, or ordirtanccs, including all ol'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 front tine gross negligence or willful misconduct of such Indemniteo, In the event, any action or proceeding is brought against any Indumnitce for any Claim against which Grantor is obligated to indemnify or provide a defense hereunder, Grantor upon written notice from Grantee shall defend such taction or proceeding at Grantor's scale expense by counsel reasonably acceptable to Grantee. S. C i lits of Grantor. Grantor shall retain the right- for itself, and its personal relpresentatives, heirs, successors, and assigns all rights accruing from its ownership of the Easement Area, including the right to engage in or perit mter invite others to engage in all uses of the Easement Area that are not inconsistent with the terms of this Agreement. 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. Cky eS Gin"ICA ?734,004-2SOti436.2 7. Exclusivity. The. Easement granted hereunder is rton-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 casenient rights skull not unreasonably interfere with the Easement rights granted hereunder. 8. Term_ gfAurgginent. This Agreement and the E'asemeFnt contained herein maybe terminated upcan mutual written consent of the parties. 9. Altorne sa Fees and Governin Law. "Phis Agreement may be enforced by an action at law or in equity and in the event that writ is brought for the enforcement ofthis Agreement or as the result of any alleged breach Iheret; the prevailing party in such suit short] be entitled to recover reasonable attorneys" f'ccs from the other party and any,judgrment 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 (itis Agreement is determined to be illegal or unenforceable, this determination shall not affect any other pmvi.gion of this Agreement, and all other provisions shalt remain in full farce and effect, it. Notice. All notices or demands which either party is required or desires to give: to the other shall be ,given in writing by cert itied mail, return receipt requested with tine appropriate postage paid, by personal delivery, by facsimile or by private overnight courier service to the address or facsimile number set R)rth below for the respective parry, 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 ort a weekend or holiday, the time for performance shall be extended to the next business day. If to Grantor: 'Vast Oak Properties I ..P, Attn: Diane Anderson, Entail: dea@ghdc.com With a copy to: University District, GLC, Attn Kevin Pohlson Email: k,polrlsonO6r©okfieldrp.com If to Grantee: City of Rohncrt mark 134 Avrarn Ave. Rolinert Park, CA 94928 Attn: City Manager's Off We Phone: 747-588-2232 Email: admin c@rpcity.org With a copy to: Michelle Marchetta Kenyon Rohnert Park City Attorney City 113 Grflalea >.714.004.12SL1036:2 Burke, Williams & Sorensen 1901 Harrison 'Street, Suite 900 Oakland, CA 94612 Phone: 5 l0-273-8780 Email: mkenyon@bwslaw.corn 12. 0mrativc Date. This Agreement shall become effective, operative and enforczrbic upon the last date upon which a party duly execrates this Agreement.. 13. Cooperatitan. Grantor and Grantee promise and agree to use their best oflorts to uouperatc together in the performance ofthe rights and obligations provided for till ihi5 Agreement. Each Barry shall use their best efforts to pt:rf+arm their rights and obligations under this A&qcewcnt In a manner that is respectful of the others' quiet cnjoynrcnt oftheir property. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deumcd an original, and when taken together they shall constitute one and the same Agreement. 15. entire AttreetnenL This Agreement contains the entire agreeilleat between the parties relating to the rights herein granted and the obligations herein assured. ,Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed ley the parties to be charged. [Signutares on the Following Page] 4 City as Granted 27ADO •Mcrrra6.a TN WI'T'NESS' HEREOF, Gnintor and Grantee have executed this Agreement as of cite day and year first written. 01ANT, GRANTOR: City of Rohnert Park, VAST OAK 111RO'ER RTIHS L.11%, a amunicipal ce�tparatiptt C:alirornia limited partnership By: Quaker Hill Developrnc.nt By* J f Corporation, a California Name corporation, its general partner Title: By Name Its ACKNOWLEDGEMENT 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 u1'that doculneilt. STATE DF CALIFORNIA COUNTY OF Cyn before me, Personally appeared )Ss Nmr kW uip. [iron,. (*I; `-3uw n-,, N-aw f �Alw[ Nvtebf90tK0 who Dred to me on the hasis of satisfactory evidence to be the person(s) whose nasnc(.$) is/are sut scribed to the: within instrument sari acknowledged to me that he/she/they executed the satire in his/her/them authorized capacity(is), and that by his/herr/their signature(s) on the instrument the persons), 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 stand and of ssciatseal, ssgmiam or NoNTy r a,sit; tS L A Ll [7+1y ns rhantce ?734.CiGa-?y+}f10b ACKNOWLEDGEMENT A iintary 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 0r-UA-1=41A:)RN; A Idalio )ss COUN'T'Y OF Twin malls On 11!0:312017 , before me, Jeffrey 1_.. fierce — D.I. Personally appeared Diane Anderson n. ,F arut0r0t,vo"14 •rw%M-gPA4%) N.MovNivaG1 who nresv0 to me on the basis ofsatisfactory evidence to be the rson s) whose npmg .9/are subscribed to the within instrument and acknowledged to me that he/she/they executed the swine in hisJherltheir aulhorized capacity is), and that by his/her/their signature(s) on [lie instr-unient tha;_Lxmsoi�(s), or the entity upon behalf of which the person s) acted., cxccuIc4 the instrument, Idaho I certify under PENALry OF PERJURY under the laws of the M , ate of that (lie foregoing paragraph is true and comet, W11'NE-S m 1 nd and official qpl.. .s Exp.; 03126/2019 s ir"i-aiit,wsirNotary HubiIc i9 Ir) E REY L PIERCE TARY PUBLIC TE OF IDAHO fi Orly ua iunaft 277404450DO362 EXHIBIT A LEGAL DESCRIPTION AND PLKr City lu [iiirinec 2934,PKA-2509030 2 19539,000 11fi121]i7 Pnge I oF2 RX HWITA DEISC RIPTION TRAILEASEMENT ENT A1A,1'HAT R8AI, PROPERTY 1,OCATED 1N THF Crj'Y t71, RO NFRT PARK, COUNTY OF SONOMA. STATE•, Or CALIFORNIA. BEING A PORTION OF TI -W I.,ANDS OF VAST OAK PROPRAT1L'S, AS DESCRIBED IN DOCUMENT NO. 2015-W41147, SONOMA COUNTY RUCORDS,1AMNO MORE PARTLCULARIX DESCRIBED AS FOLLOWS: COMMENCING KI" ITIL MOST NoRT[-IWEs'i"I RI.Y (,.oRNl it OF RBSULTANr PARC LL B, A5 Dr..SCitIBFID IN DOCUMRNT NO, 2015-009066, SONOMA COUNTY RECO RDS, THf,Wl3 ALONG THE NOIC111GRL`r` LNE OF SAID It1 SULTANT PARCEL B, SOUT14 89°56"07" EAST, 704.50 Fp-r.T, To THE POINT OF REIGINNINGi; THENCE CONTINUING AI.ONG SAID NOR'1'OURLY LING THE FOLLOWING TWO (2) COURSES: L. QOUTH 89°55'07" 1 A91, 28.69 FEET; 2, T1-IENC1x NO I'ki I3" (10' 10" W is ST, 19,17 CI'..E"i 'rUENCG LEAVINU SAID NOR'r11L'RLY LI -NF AND WIT RIND SAIL) LANDS OF VAST OAK PROPERTICS, SOUT115b°17'57" WEST', 3d.4s' I'cr-,TT(-)-rHi? POIN'I'O 13PZ[PiNING. CONTAINING 275 SQUARE PEET MORD OR LESS PREPARED BY: MA r A7 ' No.8817 DATE lAN UC AC'DQbiAI�f] <t gS' LAND SURVEYOR NO. 8$17 . W3111'7 STA"IB OF CALIFORNIA ACY OMPS �tvuUr4C-ONc+li►lvnP%M(4i4nstANDSyIAtVEIg j4281 'J�,h�[MJtQ 1i;�j9539V'1a1s-1 cgeislLggulsi!?539 VO East 11mit;1- B -L) - Vol Emcmchl-bc LAND OF VAST OAK PROPERTIES DDC. No. 2015-024041 P,o.c. RESULTANT RESULTANT PARCEL H 1 , PARCEL A DOC. NO. w DOC. NO, 2015-009056 � o Z 2015-009066 w fE- RESULTANT PARCEL C DOC. No. 2015--009066 L. ROKNERT PARK EXPRESSWAY 6 N07 TO SCALE LLUM BOUNDARY OF DESCRIPTION EXISTING PROPERTY LINE P.0.8, POINT OF BEGINNING P.I_±.C. POINT OF COMMENCEMENT 11.01 jot; "04M Wn 1YMN-l1 Mika t . PLAT TO ACCOMPANY DESCRIPTION TRAIL EASEMENT DUBLIN CAUrORNV4 MACKRY c SOMPS ANNERS 51410 TPANK1.04 OR, KFASANr04, Ch 945-06 (975)225-0690 DRAWN PATE SCALE _aA8 Ncc Ar. W4V. 2fl17 1 1"R20' 59539.000 HH r 1Y M i I r I� +. i i I.;1 r x. , 1 # I x .# ,..y It•r .,1 # .. r.. N i r ' "N1 II � II U LAND OF VAST OAK 866,17' G7"W /�/� NO COO, III I1 11 11 PROPERTIES DOC. 34.49` 19.17' 11 No. 2015--024047 11. QQLE TRAIL EASEMENT" RE5ULTANT 2751SF PARCEL 8 16 1 "u20> 11DOC, No, Id 'I �' S69°58'07"E — 2015--009QI36I'I pI 704.50'P.[M.t#. SB19°56'01"E 11 28.59' 1�".. . . _ { I _ t ' I ! . l . o Y , :! r ! 1 I N N i..N • . I .. 1 I . 1 I LAND OF VAST OAK PROPERTIES DDC. No. 2015-024041 P,o.c. RESULTANT RESULTANT PARCEL H 1 , PARCEL A DOC. NO. w DOC. NO, 2015-009056 � o Z 2015-009066 w fE- RESULTANT PARCEL C DOC. No. 2015--009066 L. ROKNERT PARK EXPRESSWAY 6 N07 TO SCALE LLUM BOUNDARY OF DESCRIPTION EXISTING PROPERTY LINE P.0.8, POINT OF BEGINNING P.I_±.C. POINT OF COMMENCEMENT 11.01 jot; "04M Wn 1YMN-l1 Mika t . PLAT TO ACCOMPANY DESCRIPTION TRAIL EASEMENT DUBLIN CAUrORNV4 MACKRY c SOMPS ANNERS 51410 TPANK1.04 OR, KFASANr04, Ch 945-06 (975)225-0690 DRAWN PATE SCALE _aA8 Ncc Ar. W4V. 2fl17 1 1"R20' 59539.000