2018/08/14 City Council Resolution 2018-110RESOLUTION NO. 2018-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING ACCEPTANCE OF REAL PROPERTY FROM PACH PENSIONE K
SLP, LLC, (PACIFIC WEST COMMUNITIES) FOR KEISER AVENUE AND KERRY
ROAD — UNIVERSITY DISTRICT SPECIFIC PLAN AREA
WHEREAS, the City is party to a Development Agreement with University District LLC
(Brookfield Homes) and Vast Oaks LP, which governs the development of the majority of the
University District Specific Plan Area; and
WHEREAS, the terms of this Development Agreement include requirements to secure
right-of-way for and construct or reconstruct Keiser Avenue and Kerry Road, which serve the
development and to construct a 218 unit affordable housing complex at the intersection of Keiser
Avenue and Kerry Road, beginning no later than March 2019; and
WHEREAS, On February 27, 2018, the City approved the Development Area Plan for
the affordable housing complex, which is currently under building division review; and
WHEREAS, before permits can be issued for the affordable housing complex, the site
must be served by a potable water system and two points of access; and
WHEREAS, on April 10, 2018, the City Council approved an Improvement Agreement
with University District LLC to begin construction of Kerry Road and portion of Keiser Avenue,
which will serve the affordable apartments; and
WHEREAS, on June 12, 2018, the City Council approved a construction contract with
Team Ghilotti to construct water main improvements and additional improvements to Keiser
Avenue, to serve the affordable apartments; and
WHEREAS, staff anticipates requesting that Council approve one additional
Improvement Agreement with University District LLC and one additional developer -funded City
project in order to complete all of the roadway improvements on Keiser Avenue and Kerry Road;
and
WHEREAS, it is necessary for PACH Pensione K SLP, LLC, (Pacific West
Communities), the affordable housing developer, to transfer its portion of the Keiser Avenue and
Kerry Road right-of-way to secure its financing; and
WHEREAS, Pacific West is prepared to deed the real property described in Exhibit A to
this resolution to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize acceptance of real property from PACH Pensione K SLP, LLC,
(Pacific West Communities) for Kerry Road and Keiser Avenue right -of way.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this approval for and on behalf of the City of Rohnert Park,
including approval, if necessary, of the form of a grant deed, attached hereto as Exhibits "A",
subject to modifications by the City Manager or City Attorney, and execution of certificates of
acceptance.
DULY AND REGULARLY ADOPTED this 14th day of August, 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor
ATTEST:
OoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: � BELFORTE: ' " �) P MACKENZIE: I CALLINAN: r � STAFFORD: A y P
AYES: ( 9 ) NOES: ( 0 ) ABSENT: ( ( ) ABSTAIN: ( O )
(2)
2018-110
Exhibit A to Resolution
RECORDED AT THE REQUEST OF AND
AFTER RECORDING MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attention: City Clerk
Space above this line reserved for recorder's use
Exempt from recording fee pursuant to Gov. Code 27383
GRANT DEED
This Grant Deed (the "Grant Deed") is made on , 2018, by PACH
Pensione K SLP, LLC, a California limited liability company ("Grantor"), to the City of Rohnert Park,
a California municipal corporation ("City") with reference to the following:
Recitals
A. Grantor owns real property located within the University District Specific Plan Area, in the
City of Rohnert Park, County of Sonoma, State of California.
B. The City's General Plan and conditions of approval for the University District Specific Plan
require the dedication of certain public right-of-way from property owners within the Specific Plan Area to
the City.
C. In accordance with these conditions and in lieu of acquisition by eminent domain, Grantor
is granting certain real property to the City.
D Grantor now desires to grant deed to City the property described herein.
NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are
hereby acknowledged:
Grantor does hereby grant and convey to City that certain real property legally described on Exhibit
A, attached hereto and incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first
written above.
GRANTOR:
By:
Name:
Its:
By:
Name:
Its:
[signature must be acknowledged by a notary publicl
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by Grant Deed dated
, 2018, from the PACH Pensione K SLP, LLC, a California limited liability company, as
grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City
Rohnert Park pursuant to authority conferred by Resolution No. 2018- of the City Council adopted on
August 14, 2018 and the City of Rohnert Park, as grantee, consents to recordation of said Grant Deed.
Dated: , 2018
By:
Darrin Jenkins, City Manager
[Signature Must Be Notarized]
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, , a Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
Acknowledgement
19539.000
4/11/2018
Page 1 of 3
EXHIBIT A
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION
REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF
CALIFORNIA, BEING A PORTION OF RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NO.
, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID RESULTANT PARCEL 1, SAID
CORNER BEING ON THE EASTERLY LINE OF THE LANDS OF COTATI-ROHNERT PARK UNIFIED
SCHOOL DISTRICT, AS DESCRIBED IN DOCUMENT NUMBER 1991-092090, SONOMA COUNTY
RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID RESULTANT PARCEL I, COMMON TO
SAID EASTERLY LINE, NORTH 003'49" EAST, 505.18 FEET, TO THE NORTHWESTERLY CORNER
OF SAID RESULTANT PARCEL 1, SAID CORNER BEING ON THE CENTER LINE OF KEISER
AVENUE;
THENCE ALONG THE NORTHERLY LINE OF SAID RESULTANT PARCEL 1, COMMON TO SAID
CENTER LINE, NORTH 8924'36" EAST, 798.33 FEET, TO THE NORTHEASTERLY CORNER OF SAID
RESULTANT PARCEL l;
THENCE ALONG THE EASTERLY LINE OF SAID RESULTANT PARCEL 1 SOUTH 003'49" WEST,
36.00 FEET;
THENCE LEAVING SAID EASTERLY LINE AND ACROSS SAID RESULTANT PARCEL 1 THE
FOLLOWING FOUR (4) COURSES:
1. SOUTH 89024'36" WEST, 719.60 FEET;
2. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, THROUGH A
CENTRAL ANGLE OF 89020'47", AND AN ARC DISTANCE OF 37.43 FEET;
3. SOUTH 0003'49" WEST, 438.47 FEET;
4. SOUTH 45000'00" EAST, 10.78 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID
RESULTANT PARCEL 1;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89-56'11 " WEST, 62.63 FEET, TO THE POINT OF
BEGINNING.
PORTION OF APN 159-550-007
CONTAINING 1.26 ACRES MORE OR LESS.
END OF DESCRIPTION
P:\195,39\Plats-Legals\Legals\Road Dedication\19539 - Keiser & Kerry Road Dedicalion.doc
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BOUNDARY OF DESCRIPTION
— — EXISTING PARCEL/RIGHT OF WAY LINE
DOC. DOCUMENT NUMBER
P.O.B POINT OF BEGINNING
04-11-2018 0:52— Jacob
RESULTANT PARCEL 1
LANDS OF
PACH PENSIONE K
SLP, LLC
DOC.
RESULTANT PARCEL 2
LANDS OF
VAST OAK PROPERTIES
DOC.
& KERRY ROAD DEDiCATWN.DWO