2018/02/13 City Council Resolution 2018-021RESOLUTION NO. 2018-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A LOT LINE ADJUSTMENT
WITH RP APARTMENT INVESTMENTS LLC TO TAKE A PORTION OF PUBLIC
PROPERTY, TO GRANT TWO STORM DRAIN EASEMENT TO RP APARTMENT
INVESTMENTS LLC, TO ACCEPT REPLACEMENT AND RELOCATION OF THE
EXISTING FENCE INSTEAD OF PAYMENT FOR THE PROPERTY AND
EASEMENTS, AND TO ACCEPT THE GRANT OF AN EASEMENT FROM RP
APARTMENT INVESTMENTS LLC FOR THE PURPOSE OF FUTURE PATHWAY
ACCESS
WHEREAS, Parcel Map 53, recorded on August 23, 1978, shows that a portion of land
called out as Parcel A was dedicated to the City for a future bike and landscaping pathway
("Pathway Parcel"); and
WHEREAS, in 1981, the Creekview Place Apartments were constructed with the
following facilities encroaching on the Pathway Parcel:
• A portion of an apartment complex building
• Four portions of the parking lot associated with the apartment complex
• Two private storm drain lines serving the apartment complex
• A property fence for the apartment complex; and
WI-IEREAS, curresitly, there is an existing r11ulti-use path just north of the Pathway
Parcel on City of Rohne:rt Park property parallel to Copeland Creek (wtild-Use P 7tlm ay") and
there is no need for an additional path to be constructed on City property; and
WHEREAS, RP Apartment Investments LLC, the owner of the Creekview Place
Apartments, is requesting the following:
• A lot line adjustment for the parking lot areas and apartment complex building
encroach into the Pathway Parcel
• Two storm drain easements for the private storm drain lines serving the apartment
complex; and
WHEREAS, the lot line adjustment will consist of RP Apartment Investments LLC
acquiring approximately 1,212 square feet of City property; and
WHEREAS, the two proposed storm drain easements are approximately 1,067 square
feet; and
WHEREAS, the staff determined the worth of the lot line adjustment property and two
storm drain easements is approximately $43,974.99; and
WHEREAS, the City is willing to grant a lot line adjustment and two storm drain
easements in exchange for the following:
AU -S 0;-d
The RP Apartment Investments LLC owned chain link fence encroaching on the
City's property be relocated as shown in Exhibit A
• Replacement of the chain link fence fronting the Pathway Parcel with a tubular
steel fence for pathway beautification as part of the Priority Development Area
plan implementation; and
WHEREAS, staff determined that approximately 860 feet of fence would need to be
replaced, and the replacement cost is equivalent to the appraised value of the lot line adjustment
property and easement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve granting the lot line adjustment and storm drain easement to RP
Apartment LLC, and accepting an easement from RP Apartment LLC for the purpose of
correcting an existing property encroachment issue;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate the grant of the lot line adjustment and all easement deeds related
to the Pathway Parcel 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 `B", and incorporated herein by this reference, subject to minor modifications
by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 13`x' day of February, 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor
ATTEST:
A 0,7
JoAnne M. Buergler, City Clerk
AHANOTU: C BELFORTE: 1 MACKENZIE: 1 CALLINAN: l e STAFFORD:
AYES: (� ) NOES; ( p) ABSENT: ((� ) ABSTAIN: ( D)
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF STORM DRAIN EASEMENT AGREEMENT
This STORM DRAIN EASEMENT AGREEMENT (this "Agreement") is made and
entered into effective as of this day of , 2018, by and between the City of
Rohnert Park, a municipal corporation (the "Grantor"), and, RP Apartment Investments LLC
(the "Grantee"), a Limited Liability Corporation, with reference to the following facts and
intentions:
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 Parcel 1 in Map
Book 273 Page 45, Rohnert Park, California (APN 143-061-034) (the "Property"); and
B. Historical storm drain utilities exist from the improvements on the Property over
property owned by Grantor, City of Rohnert Park; and
C. Grantee has requested that Grantor grant a storm drain easement over the Property
to formalize this storm drain line; 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 Property, as more particularly described in
the legal description attached hereto as Exhibit "A" and as shown on the plat attached hereto as
Exhibit "B" (the "Easement Area"), for the purpose of storm drain 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:
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 enabling private
OAK #4822-1985-9231 v1
City as Grantor
storm drain line on the 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 as a Storm Drain Easement. The Parties agree that no wall, fence or
barrier of any kind which impairs or impedes access to, or use of, any of the Easement shall be
constructed or maintained on the Easement Area, nor shall the Parties do anything which shall
prevent, impair or discourage the use of the Easement or the free access and pedestrian
movement 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, and its officers, agents, employees, contractors, licensees, permittees, 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 Foxtail Golf Course 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.
OAK #4822-1985-9231 v1 2
City as Grantor
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. Attorneys' 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:
With a copy to:
Attn:
Phone:
Email:
Attn:
Phone:
Email:
OAK #4822-1985-9231 v1 3
City as Grantor
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager's Office
Phone: 707-588-2232
Email: admin@prcity.org
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]
OAK #4822-1985-9231 v1 4
City as Grantor
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
RP Apartment Investments
A Limited Liability Corporation
By:
Name
Title:
GRANTOR:
City of Rohnert Park,
a municipal corporation
By: —
Name
Title:
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 of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On , before me,
Date
Personally appeared
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 vl 5
City as Grantor
I�4 114 ilk MUCCiOLVAINOM
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 )
)ss
COUNTY OF )
On , before me, ,
Date
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Personally appeared ,
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 vl 6
City as Grantor
OAK #4822-1985-9231 vl
City as Grantor
liltf It) I:I SII"m
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10' STORM DRAINAGE EASEMENT #1
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL "1", OF SAID ROHNERT PARK PARCEL MAP
NO. 53"; THENCE N89°53'36"E, A DISTANCE OF 61.78 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE NORTH LINE OF SAID PARCEL 1, TO THE TRUE POINT OF BEGINNING; THENCE N00°36130"E, 20.00
FEET TO THE NORTH LINE OF SAID PARCEL A; THENCE N89°53'36"E, A DISTANCE OF 10.00 FEET; THENCE
S00°36'30"W, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE
S89°53'36"W, ALONG SAID SOUTH LINE, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS.
LAND SUR\
MICHAEL W.
SOLITRO
No. 9084
S\ OF CA0Fp
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This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF STORM DRAIN EASEMENT AGREEMENT
This STORM DRAIN EASEMENT AGREEMENT (this "Agreement") is made and
entered into effective as of this day of , 2018, by and between the City of
Rohnert Park, a municipal corporation (the "Grantor"), and, RP Apartment Investments LLC, a
Limited Liability Corporation (the "Grantee"), with reference to the following facts and
intentions:
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 Parcel 2 in Map
Book 273 Page 45, Rohnert Park, California (APN 143-061-035) (the "Property"); and
B. Historical storm drain utilities exist from the improvements on the Property over
property owned by Grantor, City of Rohnert Park; and
C. Grantee has requested that Grantor grant a storm drain easement over the Property
to formalize this storm drain line; 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 Property, as more particularly described in
the legal description attached hereto as Exhibit "A" and as shown on the plat attached hereto as
Exhibit "B" (the "Easement Area"), for the purpose of storm drain 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:
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 enabling private
OAK #4822-1985-9231 v1
City as Grantor
storm drain line on the 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 as a Storm Drain Easement. The Parties agree that no wall, fence or
barrier of any kind which impairs or impedes access to, or use of, any of the Easement shall be
constructed or maintained on the Easement Area, nor shall the Parties do anything which shall
prevent, impair or discourage the use of the Easement or the free access and pedestrian
movement 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, and its officers, agents, employees, contractors, licensees, permittees, 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 Foxtail Golf Course 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.
OAK #4822-1985-9231 v1 2
City as Grantor
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. Attorneys' 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:
With a copy to:
Attn:
Phone:
Email:
Attn:
Phone:
Email:
OAK #4822-1985-9231 v1 3
City as Grantor
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager's Office
Phone: 707-588-2232
Email: admin@prcity.org
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]
OAK #4822-1985-9231 v1 4
City as Grantor
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
RP Apartment Investments
A Limited Liability Corporation
By:
Name
Title:
GRANTOR:
City of Rohnert Park,
a municipal corporation
By: —
Name
Title:
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 of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On , before me,
Date
Personally appeared
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 vl 5
City as Grantor
I�4 114 ilk MUCCiOLVAINOM
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 )
)ss
COUNTY OF )
On , before me, ,
Date
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Personally appeared ,
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 vl 6
City as Grantor
OAK #4822-1985-9231 vl
City as Grantor
0011_I_II111M
STORM DRAINAGE EASEMENT #2
THE EASEMENT REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "2", OF SAID ROHNERT PARK PARCEL MAP
NO. 53"; THENCE S89°53'36"W, A DISTANCE OF 252.54 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE NORTH LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE N20°50'33"W, 19.12
FEET; THENCE S81°44'27"E, A DISTANCE OF 114.67 FEET; THENCE S00°52'30"W, A DISTANCE OF 1.20 FEET
TO A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE S89°53'36"W, ALONG SAID SOUTH LINE, A
DISTANCE OF 42.71 FEET; THENCE N70°38'34"W, A DISTANCE OF 16.78 FEET; THENCE S89°53'36"W, A
DISTANCE OF 27.05 FEET; THENCE S66°55'36"W, A DISTANCE OF 3.64 FEET; THENCE N81 °44'27"W, A
DISTANCE OF 9.23 FEET; THENCE S20°50'33"E, A DISTANCE OF 4.80 FEET; THENCE S66°55'36"W, A
DISTANCE OF 2.62 FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE S89°53'36"W, ALONG SAID
SOUTH LINE, A DISTANCE OF 7.89 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 770 SQUARE FEET, MORE OR LESS.
LAND SOR\
�, op
MICHAEL W.
SOLITRO
No. 9084
S\OF CALF
SHEET 1 OF 2
SEE EXHIBIT "B" FOR PLAT
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I:\IhIIIII> ISIINS
SHEET 1 OF 4 SHEETS
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "A"; THENCE S00°06'24"E, A DISTANCE OF
20.00 FEET ALONG THE EASTERLY LINE OF AFORESAID PARCEL "A" TO THE SOUTHEAST CORNER OF SAID
PARCEL A AND A POINT ON THE NORTH LINE OF PARCEL 1 OF SAID "ROHNERT PARK PARCEL MAP NO.
53"; THENCE S89°53'36"W, A DISTANCE OF 18.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND
THE NORTH LINE OF PARCEL 1, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W,
136.31 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 1; THENCE
N48°25'35"E, A DISTANCE OF 7.61 FEET; THENCE S83°23'01"E, A DISTANCE OF 27.61 FEET; THENCE
N61 °32'24"E, A DISTANCE OF 9.91 FEET; THENCE N81 °08'24"E, A DISTANCE OF 83.11 FEET; THENCE
S32°52'36"E, A DISTANCE OF 22.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,317 SQUARE FEET, MORE OR LESS.
LAND SUR\
MICHAEL W.
SOLITRO
No. 9084
P
OF CM -
SEE EXHIBIT "B1" FOR PLAT
SHEET 2 OF 4 SHEETS
II te> I (II\ I' \ ip; l ti I \ i x\
I�\IhIIIII:� ISI ��
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP
NO. 53"; THENCE S89°53'36"W, A DISTANCE OF 85.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE NORTH LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
S89°53'36"W, 3.62 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 2;
THENCE N36°47'33"E, A DISTANCE OF 2.31 FEET; THENCE S50°29'36"E, A DISTANCE OF 2.90 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 3 SQUARE FEET, MORE OR LESS.
LAND SUR\
SEE EXHIBIT "132" FOR PLAT
MICHAEL W.
SOLITRO
No. 9084
P
OF CM -
SHEET 3 OF 4 SHEETS
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of
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THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP
NO. 53"; THENCE S89°53'36"W, A DISTANCE OF 112.73 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE NORTH LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
S89°53'36"W, 33.14 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL
2; THENCE N00°52'30"E, A DISTANCE OF 1.98 FEET; THENCE N87°55'35"E, A DISTANCE OF 29.59 FEET;
THENCE S49°50'03"E, A DISTANCE OF 4.63 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 79 SQUARE FEET, MORE OR LESS.
LAND SUR\
SEE EXHIBIT "132" FOR PLAT
MICHAEL W.
SOLITRO
No. 9084
P
OF CM -
LEGAL DESCRm"iiON SHEET 4 OF
TRANSFER PARCEL A4
IIwAiliiu:,111 mm
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP
NO. 53"; THENCE S89°53'36"W, A DISTANCE OF 188.58 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE NORTH LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
S89°53'36"W, 56.06 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL
2; THENCE N66°55'36"E, A DISTANCE OF 14.33 FEET; THENCE N89°53'36"E, A DISTANCE OF 27.05 FEET;
THENCE S70°38'34"E, A DISTANCE OF 16.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 232 SQUARE FEET, MORE OR LESS.
LAND SUR\
MICHAEL W.
SOLITRO
No. 9084
P
OF CAL
SEE EXHIBIT "132" FOR PLAT
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PARCEL NO. 143-460-079
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10T I III\ I' ADJUSTUMTr SHEET 1 OF
NEW It) I' tiC1 ;C=ONS
I O
ADJUSTED PARCEL 1
PARCEL 1 AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53", FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK 273 OF MAPS,
AT PAGE 44, SONOMA COUNTY RECORDS.
TOGETHER WITH,
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "A", THENCE S00°06'24"E, A DISTANCE OF
20.00 FEET ALONG THE EASTERLY LINE OF AFORESAID PARCEL "A" TO THE SOUTHEAST CORNER OF SAID
PARCEL A AND A POINT ON THE NORTH LINE OF PARCEL 1 OF SAID "ROHNERT PARK PARCEL MAP NO.
53"; THENCE S89°53'36"W, A DISTANCE OF 18.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND
THE NORTH LINE OF PARCEL 1, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W,
136.31 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 1; THENCE
N48°25'35"E, A DISTANCE OF 7.61 FEET; THENCE S83°23'01"E, A DISTANCE OF 27.61 FEET; THENCE
N61°32'24"E, A DISTANCE OF 9.91 FEET; THENCE N81°08'24"E, A DISTANCE OF 83.11 FEET; THENCE
S32°52'36"E, A DISTANCE OF 22.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 127,742 SQUARE FEET, MORE OF LESS.
SEE EXHIBIT "B" FOR PLAT
MICHAEL W.
SOLITRO
No. 9084
IDT LINE ADJUMEnTr SHEET 2 OF
NEW DR%M=ONS
IWAI�IIIII:> 111110044—
ADJUSTED
MI (0
ADJUSTED PARCEL 2
PARCEL 2 AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53", FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK 273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS.
TOGETHER WITH: (PARCEL A2)
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53", FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK 273 OF MAPS, AT PAGE 44, SONOMA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "2", OF SAID ROHNERT PARK PARCEL MAP NO. 53"; THENCE
S89°53'36"W, A DISTANCE OF 85.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF SAID PARCEL 2, TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 3.62 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND
THE NORTH LINE OF PARCEL 2; THENCE N36°47'33"E, A DISTANCE OF 2.31 FEET; THENCE S50°29'36"E, A DISTANCE OF 2.90 FEET TO
THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH: (PARCEL A3)
A PORTION OF SAID PARCEL "A". MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "2", OF SAID ROHNERT PARK PARCEL MAP NO. 53"; THENCE
S89°53'36"W, A DISTANCE OF 112.73 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF SAID PARCEL 2, TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 33.14 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND
THE NORTH LINE OF PARCEL 2; THENCE N00°52'30"E, A DISTANCE OF 1.98 FEET; THENCE N87°55'35"E, A DISTANCE OF 29.59 FEET;
THENCE S49°50'03"E, A DISTANCE OF 4.63 FEET TO THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH: (PARCEL A4)
A PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "2", OF SAID ROHNERT PARK PARCEL MAP NO. 53"; THENCE
S89°53'36"W, A DISTANCE OF 188.59 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF SAID PARCEL 2, TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 56.06 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND
THE NORTH LINE OF PARCEL 2; THENCE N66°55'36"E, A DISTANCE OF 14.33 FEET; THENCE N89°53'36"E, A DISTANCE OF 27.05 FEET;
THENCE S70°38'34"E, A DISTANCE OF 16.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 121,312, SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B" FOR PLAT
MICHAEL W.
SOLITRO
No. 9084
10T I III\ I' ADJUSTMENT SHEET 3 OF
NEW It) I' tirI r=ONS
I O
ADJUSTED PARCEL A: 1P1 Mff TT
PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53", FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK 273 OF MAPS, AT PAGE 44, SONOMA
COUNTY RECORDS,
LESS, (PARCEL Al)
A PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL "A"; THENCE S00°06'24"E, A DISTANCE OF 20.00 FEET
ALONG THE EASTERLY LINE OF AFORESAID PARCEL "A" TO THE SOUTHEAST CORNER OF SAID PARCEL A AND A
POINT ON THE NORTH LINE OF PARCEL 1 OF SAID "ROHNERT PARK PARCEL MAP NO. 53"; THENCE S89°53'36"W, A
DISTANCE OF 18.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 1, TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 136.31 FEET ALONG THE SOUTH LINE OF SAID
PARCEL "A" AND THE NORTH LINE OF PARCEL 1; THENCE N48°25'35"E, A DISTANCE OF 7.61 FEET; THENCE S83°23'01"E,
A DISTANCE OF 27.61 FEET; THENCE N61°32'24"E, A DISTANCE OF 9.91 FEET; THENCE N81°08'24"E, A DISTANCE OF
83.11 FEET; THENCE S32°52'36"E, A DISTANCE OF 22.78 FEET TO THE TRUE POINT OF BEGINNING.
AND ALSO LESS, (PARCEL A2)
A PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP NO. 53";
THENCE S89°53'36"W, A DISTANCE OF 85.10 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE
OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 3.62 FEET ALONG THE
SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 2; THENCE N36°47'33"E, A DISTANCE OF 2.31 FEET;
THENCE S50°29'36"E, A DISTANCE OF 2.90 FEET TO THE TRUE POINT OF BEGINNING.
AND ALSO LESS, (PARCEL A3)
A PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP NO. 53";
THENCE S89°53'36"W, A DISTANCE OF 112.73 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH
LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 33.14 FEET ALONG
THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 2; THENCE N00°52'30"E, A DISTANCE OF 1.98
FEET; THENCE N87°55'35"E, A DISTANCE OF 29.59 FEET; THENCE S49°50'03"E, A DISTANCE OF 4.63 FEET TO THE TRUE
POINT OF BEGINNING.
AND ALSO LESS, (PARCEL A4)
A PORTION OF SAID PARCEL "A". MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 2, OF SAID ROHNERT PARK PARCEL MAP NO. 53";
THENCE S89°53'36"W, A DISTANCE OF 188.59 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH
LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°53'36"W, 56.06 FEET ALONG
THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 2; THENCE N66°55'36"E, A DISTANCE OF 14.33
FEET; THENCE N89°53'36"E, A DISTANCE OF 27.05 FEET; THENCE S70°38'34"E, A DISTANCE OF 16.78 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 18,560 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B" FOR PLAT
MICHAEL W.
SOLITRO
No. 9084
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF PUBLIC ACCESS EASEMENT AGREEMENT
This PUBLIC ACCESS EASEMENT AGREEMENT (this "Agreement") is made and
entered into effective as of this day of , 201_, by and between RP
Apartment Investments, a Limited Liability Corporation (the "Grantor"), 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 Rohnert
Park, County of Sonoma, State of California, as more particularly described as Parcel 1 in Map
Book 273 Page 45, Rohnert Park, California (APN 143-061-034) (the "Property"); and
B. The Grantor has purchased a portion of City Property which may be utilized for a
future public pathway, and
C. 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 Exhibit "A" and as shown on the plat attached hereto as Exhibit `B" (the
"Easement Area"), for the purpose of public access 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:
1. Grant of Easement. Grantor hereby grants 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 (the "Easement"), together with all necessary and convenient
means of ingress and egress to and from said Easement at all times, on the terms and conditions
set forth herein.
OAK #4822-1985-9231 v1
City as Grantee
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 a pubic pathway system.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than as a public access easement. The Parties agree that no building, wall,
fence, barrier or other permanent structure of any kind which impairs or impedes access to, or
use of, any of the Easement shall be constructed or maintained on the Easement Area, nor shall
any deep rooted tree, deep rooted shrubs or other plants or vegetation be installed, constructed,
erected, placed, planted or maintained in the Easement Area, nor shall the Parties do anything
which shall prevent, impair or discourage the use of the Easement.
3. Maintenance of the Easement Area. Grantor may, at its sole cost and expense
without reimbursement, landscape the surface of the Easement Area with any vegetation or
ground cover that is readily removable, (not to include, however, any trees or deep rooted
shrubbery), or make such other use of the surface of the Easement Area that will not
unreasonably interfere with Grantees' use and enjoyment of the Easement. Any damage caused
by Grantor, or by any of Grantor's lessees, licensees, permitees, agents, employees, contractors
and/or successors and assigns that occur in the Easement Area, as a result of the Grantor
maintaining the Easement Area shall be promptly repaired, replaced, or compensated for by
Grantor, at its sole cost and expense.
4. Indemnification. Grantor shall, indemnify, protect, defend and hold harmless
Grantee, and its officers, agents, employees, contractors licensees, permittees, 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, 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 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. In the event any action or proceeding is brought against any Indemnitee for any
Claim against which Grantor is obligated to indemnify or provide a defense hereunder, Grantor
upon written notice from Grantee shall defend such action or proceeding at Grantor's sole
expense by counsel reasonably acceptable to Grantee.
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.
OAK #4822-1985-9231 v1 2
City as Grantee
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. Attorneys' 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 Grantor:
With a copy to:
Attn:
Phone:
Email:
Attn:
Phone:
Email:
OAK #4822-1985-9231 v1 3
City as Grantee
If to Grantee: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager's Office
Phone: 707-588-2232
Email: admin@rpcity.org
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. Operative Date. This Agreement shall become effective, operative and
enforceable upon the last date upon which a party duly executes this Agreement.
13. Cooperation. Grantor and Grantee promise and agree to use their best efforts to
cooperate together in the performance of the rights and obligations provided for in this
Agreement. Each party shall use their best efforts to perform their rights and obligations under
this Agreement in a manner that is respectful of the others' quiet enjoyment of their property.
14. 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.
15. 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]
OAK #4822-1985-9231 v1 4
City as Grantee
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE:
City of Rohnert Park,
a municipal corporation
By:
Name
Title:
GRANTOR:
RP Apartment Investments
A Limited Liability Corporation
By: —
Name
Title:
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 of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On , before me, ,
Date Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Personally appeared ,
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 v1 5
City as Grantee
I�4 114 ilk MUCCiOLVAINOM
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 )
)ss
COUNTY OF )
On , before me, ,
Date
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Personally appeared ,
Name 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(is), 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 of Notary Public
(SEAL)
OAK #4822-1985-9231 vl 6
City as Grantee
m ims,gi. 11 InIwI:.� ILII"m
9�1I III I I 1 I' \til:A111'rl\ I I I� \\Four I., I
00 11_I_II 111M ,
THE EASEMENT REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "A" AS SHOWN UPON THE MAP ENTITLED "ROHNERT PARK PARCEL MAP NO. 53",
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY ON AUGUST 23, 1978, IN BOOK
273 OF MAPS, AT PAGE 44, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF PARCEL "A", THENCE S00°06'24"E, A
DISTANCE OF 20.00 FEET ALONG THE MOST EASTERLY LINE OF AFORESAID PARCEL "A" TO THE
SOUTHEAST CORNER OF SAID PARCEL A AND A POINT ON THE NORTH LINE OF PARCEL 1 OF SAID
"ROHNERT PARK PARCEL MAP NO. 53"; THENCE S89°53'36"W, A DISTANCE OF 18.10 FEET ALONG THE
SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF PARCEL 1, TO THE TRUE POINT OF BEGINNING
THENCE CONTINUING S89°53'36"W, 15.30 FEET, MORE OR LESS TO A POINT ON AN EXISTING BUILDING;
THENCE N40'1 5'59"W, 8.15 FEET TO THE CORNER OF SAID BUILDING; THENCE S49'44'01 "W, ALONG SAID
BUILDING, A DISTANCE OF 9.66 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE
S89°53'36"W, DEPARTING SAID BUILDING LINE AND ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE
NORTH LINE OF PARCEL 1, A DISTANCE OF 78.59 FEET TO A POINT ON THE NORTHERLY LINE OF A 10'
PACIFIC GAS AND ELECTRIC COMPANY EASEMENT, PER INSTRUMENTS NO. 800059980 AND NO.800064591;
THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE (3) COURSES N61°32'24"E, A DISTANCE
OF 13.71 FEET; THENCE N81°08'24"E, A DISTANCE OF 83.11 FEET; THENCE S32°52'36"E, A DISTANCE OF
22.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,172 SQUARE FEET, MORE OR LESS.
!:n
SOLITRO
No. 9084
s\OF CALF
SHEET 1 OF 2
SEE EXHIBIT "B" FOR PLAT
>'
I,I I'll 11011 1( 1 III I I' \I:lll:�\ I ISI' \\�I I'I� I"\
I: 73.4 IIIII:� I w I I& I:;
CITY OF ROHNERT
PARK
PARCEL NO. NOT
AVAILABLE
COPELAND CREEK
f 1,172 SQ. FT.
EASEMENT -
(HATCHED AREA)
PARCEL A
20' BICYCLE PATH & LANDSCAPE
PARCEL
PA 44NS1°08'24„E 83.11
53 MAP BOOK 273, /
SOUTH LINE OF
PARCEL A
NORTH LINE S�&9`5T 6"W 78.59'
OF PARCEL 1,'- ��GG
AcG pie T PARCH MAIL
�F G �� P
PARCEL 1
c�<c�q���0� ROHNERT PARK PARCEL
<c,P�O' `b MAP NO. 53, MAP BOOK
273, PAGE 44
RP APT INVESTMENTS LLC
PARCEL NO. 143-061-034
LEGEND
SQ. FT. SQUARE FEET
® PROPOSED EASEMENT AREA
— — — PARCEL LINE
EASEMENT LINE
SURVEYOR NOTE:
1. BEARINGS ARE BASED ON THE
MONUMENTED CENTERLINE OF SANTA ALICIA
DRIVE AS BEING N89'52'24"E, PER
ROHNERT PARK PARCEL MAP NO. 53, MAP
BOOK 273, PAGE 44
LAND SURI\
0,�
MICHAEL W.
SOLITRO
No. 9084
MICHAEL W. SOLITRO,
SURVEYOR NO. 9084
STATE OF CALIFORNIA
FOR THE FIRM OF
REPUBLIC NATIONAL, INC.
VICINITY MAP
NOT TO SCALE
ROHNERT PARK EXPY
V
o tiGti 9 c
6pLd
N
�
ENTERPRISE DR c I
C) J I y�
AVRAM AVE a
o SANTA
o ALICIA DR
o J�
o ARLEN DR
J
ADELE AVE Q c� �G
of �,`
ALMA AVE GZ
POINT OF COMMENCEMEN"
NORTHEASTERLY CORNER
PARCEL "A"
LINE TABLE
LINE
BEARING
LENGTH
L1
S89°53'36"W
15.30'
L2
N40°15'59"W
8.15'
L3
S49°44'01 "E
2.90'
L4
N61 °32'24"E
13.71'
CITY OF ROHNERT
PARK
PARCEL NO. NOT
AVAILABLE
COPELAND CREEK
f 1,172 SQ. FT.
EASEMENT -
(HATCHED AREA)
PARCEL A
20' BICYCLE PATH & LANDSCAPE
PARCEL
PA 44NS1°08'24„E 83.11
53 MAP BOOK 273, /
SOUTH LINE OF
PARCEL A
NORTH LINE S�&9`5T 6"W 78.59'
OF PARCEL 1,'- ��GG
AcG pie T PARCH MAIL
�F G �� P
PARCEL 1
c�<c�q���0� ROHNERT PARK PARCEL
<c,P�O' `b MAP NO. 53, MAP BOOK
273, PAGE 44
RP APT INVESTMENTS LLC
PARCEL NO. 143-061-034
LEGEND
SQ. FT. SQUARE FEET
® PROPOSED EASEMENT AREA
— — — PARCEL LINE
EASEMENT LINE
SURVEYOR NOTE:
1. BEARINGS ARE BASED ON THE
MONUMENTED CENTERLINE OF SANTA ALICIA
DRIVE AS BEING N89'52'24"E, PER
ROHNERT PARK PARCEL MAP NO. 53, MAP
BOOK 273, PAGE 44
LAND SURI\
0,�
MICHAEL W.
SOLITRO
No. 9084
MICHAEL W. SOLITRO,
SURVEYOR NO. 9084
STATE OF CALIFORNIA
FOR THE FIRM OF
REPUBLIC NATIONAL, INC.
VICINITY MAP
NOT TO SCALE
ROHNERT PARK EXPY
V
o tiGti 9 c
6pLd
N
�
ENTERPRISE DR c I
C) J I y�
AVRAM AVE a
o SANTA
o ALICIA DR
o J�
o ARLEN DR
J
ADELE AVE Q c� �G
of �,`
ALMA AVE GZ
POINT OF COMMENCEMEN"
NORTHEASTERLY CORNER
PARCEL "A"
1"=30'
GRAPHIC SCALE
0 15' 30'
SOUTHEAST CORNER
PARCEL "A"
`I o
T` `V S89°53'36"W
18.10'
---E---p--p--��----
�gNNINGTOF -------
--------------------
10' PACIFIC GAS
AND ELECTRIC
Dim COMPANY
W 0 < Q EASEMENT
z 00;� :5i C) INSTRUMENT NO.
J
awLLJ �Q 800059980 AND
Lli l w
a-! 0 n 800064591
Q --i< M
zIW z
wl 3: N
N :EI� O Y
� wl00 0
QI, O
WI m
I
SEE EXHIBIT "A" FOR EASEMENT DESCRIPTION
SHEET 2 OF 2
P J0B NUMBER: 171103
SCALEc 1^=30; M
APPROVED BY: MWS
8
DATE I REVISION HISTORY
2/07/18 IEASEMENT DESCRIPTION/
REPUBLIC 0
NATIONAL
480 NEEDLES TRAIL
LONGWOOD, FLORIDA 32779
PHONE: (407) 862-4200
FAX: (407) 862-6229
CITY OF ROHNERT
PARK
00
�G,I o o
PARCEL NO.
d'
143-061-021
1"=30'
GRAPHIC SCALE
0 15' 30'
SOUTHEAST CORNER
PARCEL "A"
`I o
T` `V S89°53'36"W
18.10'
---E---p--p--��----
�gNNINGTOF -------
--------------------
10' PACIFIC GAS
AND ELECTRIC
Dim COMPANY
W 0 < Q EASEMENT
z 00;� :5i C) INSTRUMENT NO.
J
awLLJ �Q 800059980 AND
Lli l w
a-! 0 n 800064591
Q --i< M
zIW z
wl 3: N
N :EI� O Y
� wl00 0
QI, O
WI m
I
SEE EXHIBIT "A" FOR EASEMENT DESCRIPTION
SHEET 2 OF 2
P J0B NUMBER: 171103
SCALEc 1^=30; M
APPROVED BY: MWS
8
DATE I REVISION HISTORY
2/07/18 IEASEMENT DESCRIPTION/
REPUBLIC 0
NATIONAL
480 NEEDLES TRAIL
LONGWOOD, FLORIDA 32779
PHONE: (407) 862-4200
FAX: (407) 862-6229