2016/09/29 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2016-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL
ADOPTION OF AN ORDINANCE APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT
PARK AND VAST OAK PROPERTIES L.P. AND UNIVERSITY DISTRICT LLC FOR
DEVELOPMENT OF THE PROPERTY LOCATED SOUTH OF KEISER AVENUE,
WEST OF PETALUMA HILL ROAD, AND NORTH OF ROHNERT PARK
EXPRESSWAY AND THE PROPERTY LOCATED SOUTH OF ROHNERT PARK
EXPRESSWAY, EAST OF J SECTION, AND NORTH OF COPELAND CREEK
WHEREAS, Government Code § 65864, et seq., authorizes the City of Rohnert Park to
enter into development agreements which will provide certainty, definition and commitment to
developers as well as to provide for necessary public improvements required by development;
and
WHEREAS, the applicant, University District LLC, filed Planning Applications
proposing a General Plan Amendment (PL2012-043), Specific Plan revision (PL2012-044),
Tentative Map (PL2013-009), Tentative Parcel Map (PL2012-047), Development Agreement
(PL2012-048), and related applications and approval of an Addendum to the Final
Environmental Impact Report ('BIR") (PL2012-045) in connection with the proposed University
District Specific Plan ("UDSP") Project located south of Keiser Avenue, west of Petaluma Hill
Road, and north of Copeland Creek ("Project"), in accordance with the City of Rohnert Park
Municipal Code ("RPMC"); and
WHEREAS, on April 8, 2014, the City Council approved those applications allowing
development of the Property, which includes a maximum of 1,645 residential units (excluding
second residential units); 100,000 square feet of mixed use/commercial uses; parks; and open
space; and.
WHEREAS, in connection with the Project, Developer and City staff negotiated an
amended and restated development agreement ("Development Agreement") for the Project in
accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.21,
"Development Agreement Procedure," of the Rohnert Park Municipal Code ("RPMC"); and
WHEREAS, on April 8, 2014, the City Council considered and adopted Ordinance No.
878 approving the Development Agreement; and
WHEREAS, on April 8, 2014, the City Council approved and addendum to the Final
Environmental Impact report for the Project; and the City has otherwise carried out all
requirements for the Project pursuant to the California Environmental Quality Act ("CEQA");
and
WHEREAS, on January 12, 2016, the City Council considered and adopted Ordinance
No. 894 approving the First Amendment to the Development Agreement; and
WHEREAS, the Developer has filed Planning Application No. PL2012-048DA
proposing to amend the Development Agreement with new language shown in the attached
Exhibit A ("Development Agreement Amendment"); and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property; and
WHEREAS, on September 29, 2016 the Planning Commission held a public hearing at
which time interested persons had an opportunity to testify either in support or opposition to the
proposed Development Agreement Amendment; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the proposed Development Agreement Amendment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed Development Agreement Amendment:
Section 1. Incorporation of Recitals. The above recitations are true and correct, and
are incorporated herein by this reference.
Section 2. CEQA. The City Council has certified the Final EIR for the Project
(including the Development Agreement), and adopted the associated CEQA Findings, Statement
of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and, as
amended by the proposed Development Agreement Amendment, there are no substantial changes
proposed in the Project, substantial changes with respect to the circumstances under which the
Project will be undertaken or new information of substantial importance of the kind that would
require additional environmental review pursuant to Section 15162 of the CEQA Guidelines.
Section 3. Findings for Amendment of Development Agreement. The Planning
Commission in recommending approval to the City Council of Planning Application No.
PL2012-048DA Amend, Amendment to the Development Agreement for University District
hereby makes the following findings:
A. A duly noticed public hearing regarding the proposed Development
Agreement Amendment was held by the Planning Commission on September 29, 2016,
in conformance with the notice provisions of Government Code §§ 65090 and 65091 and
the requirements of the RPMC.
B. The proposed amendment to the Development Agreement (Exhibit A) is
consistent with the General Plan, and would direct the Project's development in an
orderly manner that benefits the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, based on the
findings set forth in this Resolution and the evidence in the staff report considered by the
Planning Commission concurrently with the proposed amendment to the Development
Agreement, the Planning Commission hereby recommends that the City Council approve the
Development Agreement Amendment, substantially in the form set forth at Exhibit A hereto.
DULY AND REGULARLY ADOPTED on this 29th day of September, 2016 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: 1— NOES: 0 ABSENT: I
ADAMS �' BLANQUIE BORBA
0 , 0 �'P"'o n
ABSTAIN: V
GIUDICE HAYDON
Borba, Chairperson, Rohnert Park Planning Commission
Attest:
usan evedo, Re r ing Secretary
EXHIBIT A
Development Agreement Amendment
[Follows]
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attention: City Clerk
Space Above This Line Reserved for Recorder's Use
Exempt from Recording Fee Per Government Code Section 27383
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is entered into as of the day of , 2016, by and among
UNIVERSITY DISTRICT LLC, a Delaware limited liability company ("UD"), VAST OAK
PROPERTIES L.P., a California limited partnership ("VO") and the CITY OF ROHNERT
PARK, a California municipal corporation ("City"). UD and VO are sometimes collectively
referred to herein as "Developer," and City and Developer are sometimes herein referred to as a
"Party" and collectively as "Parties."
RECITALS
A. The Parties have previously entered into that certain Reimbursement Agreement
by and among UD, VO and the City as of January 10, 2006 ("Reimbursement Agreement")
B. The Parties have previously entered into that certain Amended and Restated
Development Agreement by and among UD, VO and the City as of April 22, 2014 and recorded
on July 28, 2014, as Instrument No. 2014051817 in the Official Records of Sonoma County
("Original Development Agreement").
C. The Parties entered into a First Amendment to Development Agreement dated as
of February 11, 2016 and recorded on as Instrument No.2016003747 in the
Official Records of Sonoma County, in order to amend Exhibit D regarding the timing of
affordable housing obligations (the ""First Amendment"). The Original Development
Agreement, as amended by the First Amendment, is referred to herein as the "Development
Agreement."
D. Developer has entered into a number of Assignment and Assumption Agreements
to assign certain rights and obligations under the Development Agreement. Developer has
retained, however, all obligations with respect to City dedications and acquisitions, as set forth in
Section 4.10 of the Development Agreement and the construction of Twin Creeks Park, as set
forth in Section 4.12(A) of the Development Agreement.
E. Concurrent with the approval of Vast Oaks Phase 1-A through 1-D Final Maps,
OAK #4822-1317-6631 v5
the Developer has posted Performance and Labor and Materials bonds in the amount of Two
Million Four Hundred Sixty Four Thousand Ninety Five Dollars and No Cents ($2,464,095.00)
for the construction of Twin Creeks Park and Three Million Five Hundred Twenty Six Thousand
Dollars and No Cents ($3,526,000) for the construction of a potable water tank.
F. The Parties now desire to amend the Development Agreement a second time to,
among other things: (1) modify the terms regarding the construction of the water tank to provide
that the Developer will fund and the City will construct the water tank; (2) provide for the
transfer of the 128 -acre Water Tank Property to the City; (3) remove Developer's obligations
with respect to the Crane Creek Regional Park Easement; and (4) remove building permit
restrictions associated with the completion of Twin Creeks Park, which is under construction.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set
forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1. Defined Terms. All capitalized terms used and not otherwise defined in the
Second Amendment shall have the same meaning in this Second Amendment as in the
Development Agreement.
2. Amendment of Section 4.10. Section 4.10 of the Development Agreement is
hereby deleted in its entirety and replaced with the following:
"Section 4.10 City Dedication and Acquisition Parcels.
A. Water Tank. Developer shall bear all costs and expenses,
including staff, consultant, and attorney time, directly or indirectly incurred or
payable by City in connection with the permitting, design, construction and
installation of an approximately eight hundred thirty three thousand (833,000)
gallon water tank (the "Water Tank") and supporting pipeline infrastructure to
serve those uses delineated in Specific Plan (collectively, the "Water Tank
Costs"). City may select and retain third -party professionals, consultants and
attorneys of its choosing to perform the Water Tank Costs work. The City's
estimated Water Tank Costs as of the Effective Date are $
(1) Concurrently with Developer's execution of the Second
Amendment, Developer shall deposit with City the sum of Two Million Five
Hundred Thousand Dollars ($2,500,000.00) in cash or other immediately
available funds (the First Installment"). Developer shall deposit with the City the
sum of Two Million Five Hundred Thousand Dollars ($2,500,000) no later than
January 17, 2017 (the "Second Installment"). Collectively the First Installment
and Second Installments are the "Deposit". City may maintain the Deposit in an
interest-bearing account, with interest to accrue toward the Water Tank Costs.
The Deposit plus any accrued interest shall be referred to as the "Original
Deposit Amount."
OAK #4822-1317-6631 v5 2
(2) Until the City opens bids for the Water Tank project, the
Developer shall continue to fund all design, permitting, environmental review,
technical review and City administrative costs in accordance with the terms of the
Reimbursement Agreement.
(3) After the City opens bids for the Water Tank project,
provided City intends to or has awarded a construction contract for the Water
Tank in its sole discretion, City or Developer shall adjust the Original Deposit
Amount to equal the dollar amount of the awarded construction contract together
with any costs not covered under the Reimbursement Agreement and anticipated
future costs including, permitting and mitigation conditions, construction phase
engineering and management and City administrative costs and a 25 percent
contingency (the "Adjusted Deposit Amount"). If the Adjusted Deposit Amount
is greater than the Original Deposit Amount, Developer shall deposit the
difference with City in cash or other immediately available funds within ten
calendar days of City's written request. If the Original Deposit Amount is greater
than the Adjusted Deposit Amount, the City shall retain the Original Deposit
Amount, and draw down upon the Original Deposit Amount to fund construction
related costs as further described in Section 4.10.A(5) below. The amount held by
the City after any adjustments made pursuant to this Section 4.10.A(3) shall be
referred to as the "Deposit Amount."
(4) In the event that the City determines, in its reasonable
discretion, that the actual Water Tank Costs will exceed the Deposit Amount,
Developer shall fund the estimated amount of difference by depositing such
amount with City in cash or other immediately available funds within 30 calendar
days of City's written request therefor and such additional deposit shall accrue to
the Deposit Amount.
(5) The City is authorized to pay or deduct from the Deposit
Amount all bills, invoices or demands for payment of Water Tank Costs. City
shall provide Developer with an accounting of funds paid from the Deposit
Amount. Within 90 days after the City's recordation of a Notice of Completion
for the final construction contract and/or any contract for mitigation or monitoring
work related to the Water Tank, City shall reimburse Developer any remaining
amount of the Deposit Amount.
(6) Developer acknowledges that its timely funding of the
Water Tank Costs is necessary to ensure that the Water Tank can be installed by
such time as the City's Director of Public Safety or his or her designee,
determines the tank is necessary to provide adequate fire flow to the Project, or
portion thereof under construction. Developer acknowledges and agrees that no
Final Map, beyond the Final Maps approved for Vast Oaks Phases IA through
1 D, will be approved by the City until such time as the Parties have closed escrow
for City's acquisition or acceptance of the Water Tank Property from Developer
as provided in Section 4.10.B, below and received funding for the Water Tank as
described in Section 4.10.A (1) above. Developer also acknowledges and agrees
OAK #4822-1317-6631 v5 3
that if it does not comply with the funding requirements described in Section
4.10.A (1) above, such failure shall be deemed a breach of the Agreement and,
among other remedies available to City, City may hold the financial institution(s)
that provided the Developer's Labor and Materials and Performance bonds liable
to complete construction of the Water Tank. Concurrently with execution of the
Second Amendment, Developer shall provide City updated bonds or other
evidence satisfactory to City that Developer's bonds cover the requirements set
forth in this Section 4.10.A. Provided Developer meets its funding obligations
under this Section 4.10.A, and subject to enforced delays as provided in Section
9.06, City shall diligently pursue permitting, design, construction and installation
of the Water Tank,
B. Transfer of Property for Water Tank
(1) In consideration for City's payment of the Water Tank
Property acquisition price referenced below, City's agreements hereunder and for
other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Developer shall transfer, and City shall acquire, a fee
interest in and to the approximately one hundred and twenty eight (128.0) acre
Water Tank Site (the "Water Tank Property"). The Parties agree that the
acquisition price for the Water Tank Property shall be Ten Dollars ($10) and that
such acquisition price, together with the benefits to Developer provided under this
Amended and Restated Agreement, represents the fair market value of the Water
Tank Property.
(2) The Parties acknowledge that the acquisition of the Water
Tank Property by City pursuant to this Section 4.10 is anticipated to be made in
lieu of condemnation by City. The Parties intend by this Amended and Restated
Agreement to provide for full and complete compensation to Developer for the
Water Tank Property and all other costs, including but not limited to severance
damages. The Parties acknowledge that because the City may exercise the power
of eminent domain to acquire, Developer is compelled to sell; and because City
requires the Water Tank Property for a public project, City is compelled to buy.
As such the acquisition and acceptance of the Water Tank Property is an
involuntary conversion of the Water Tank Property from private to public use.
Both Developer and City recognize the expense, time, effort and risk to both
Developer and City in resolving a dispute over compensation for the Water Tank
Property by eminent domain litigation; and the compensation set forth herein is in
compromise arrived at by negotiation and settlement, in lieu of and in avoidance
of such litigation.
(3) The closing of the Water Tank Property transfer and
acquisition will take place through an escrow established with a title company
selected by City. The closing shall occur as soon as practicable on a date mutually
acceptable to the Parties, but in any event no later than December 31, 2016.
Developer shall cause the Water Tank Property to be conveyed to City free and
clear of all recorded and unrecorded non -monetary liens, encumbrances,
OAK #4822-1317-6631 v5 4
easements, leases, covenants, conditions, restrictions, and other exceptions to or
defects in title, excepting only the lien for current, non -delinquent property taxes
and the Williamson Act Contract on the Water Tank Property. Developer shall
pay all costs required to place title in the condition described herein and shall
convey the Water Tank Property to City by a standard title company form grant
deed or offer to dedicate, except that the deed or offer shall recite that the transfer
is in lieu of acquisition by eminent domain. All escrow charges and recording
fees shall be borne by Developer. City shall pay the cost of its owner's policy of
title insurance.
(4) Escrow agent shall pay and charge Developer for that
portion of current property taxes and assessments and any penalties and interest
thereon allocable to the period prior to the close of escrow. The portion of current
property taxes which would otherwise be allocable to the period after the close of
escrow shall not be allocated, as City is exempt from payment of property taxes.
Developer shall have the sole right, after close of escrow, to apply to the Sonoma
County Tax Collector for refund of any excess property taxes which have been
paid by Developer with respect to the Water Tank Property.
(5) The obligation of the City to complete the transfer of the
Water Tank Property shall be subject to the satisfaction, or written waiver by
City, of the following conditions: (i) Developer shall deliver through escrow an
executed, acknowledged and recordable grant deed or offer to dedicate sufficient
to convey fee title to the City as set forth in this subsection 4.10.13; (ii) Developer
shall deliver through escrow a non -foreign transferor declaration duly executed
and in a form reasonably acceptable to escrow agent; (iii) a title company
reasonably acceptable to City shall be prepared to deliver to City an ALTA
standard or, at City's election, an extended coverage owner's policy of title
insurance showing fee title to the Water Tank Property vested in City in the
condition described in this subsection 4.10.13 with insurance coverage in the
amount of the fair market value of the Water Tank Property as reasonably
determined by City; and (iv) City shall have approved the soils and environmental
condition of the Water Tank Property.
C. Intentionally omitted.
D. No Additional Purchase Price. Developer's funding of construction
of the water tank and transfer of the Water Tank Property to City shall be in
consideration of City's performance of its obligations set forth in this Agreement,
and neither City nor City's designee shall be required to pay any additional fee or
purchase price in connection therewith (other than City's payment of the Water
Tank Property purchase price referenced in subsection 4.10.13 above), nor shall
Developer be entitled to any PFFP Fee credits."
3. Amendment to Exhibit C. Exhibit C of the Development Agreement is hereby
deleted in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by
this reference.
OAK #4822-1317-6631 v5 5
4. Amendment to Exhibit E. Exhibit E of the Development Agreement is hereby
deleted in its entirety and replaced with Exhibit E-1, attached hereto and incorporated herein by
this reference.
5. Deletion of Exhibit F. Exhibit F of the Development Agreement, the Crane Creek
Trail Easement Area Diagram and Legal Description, is hereby deleted in its entirety.
6. Effect of Second Amendment. Except to the extent the Development Agreement
is modified by this Second Amendment, the remaining terms and provisions of the Development
Agreement shall remain unmodified and in full force and effect. This Second Amendment is
hereby deemed incorporated into the Development Agreement and the terms and provisions
herein shall be read as if included in the Original Development Agreement as amended by the
First Amendment. In the event of a conflict between the terms of the Original Development
Agreement or First Amendment and the terms of this Second Amendment, the terms of this
Second Amendment shall prevail.
7. Counterparts. This Second Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
Second Amendment.
8. Recordation of Second Amendment to Development Agreement. The City Clerk
shall record an executed copy of this Second Amendment in the Official Records of the County
of Sonoma.
[SIGNATURES ARE ONFOLLOWING PAGE]
OAK #4822-1317-6631 v5 6
IN WITNESS WHEREOF, this Second Amendment has been entered into by and
between Developer and City as of the day and year first above written.
Approved as to Form:
Michelle Marchetta Kenyon, City Attorney
Attest:
JoAnne Buergler, City Clerk
CITY:
City of Rohnert Park, a California municipal
corporation
Darrin Jenkins, City Manager
DEVELOPER:
UNIVERSITY DISTRICT LLC, a Delaware limited
liability company
By:_
Name:
VAST OAK PROPERTIES L.P., a California
limited partnership
By:
Name:
Title:
OAK #4822-1317-6631 v5 7
NOTARY ACKNOWLEDGMENTS
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
(Name of Notary)
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
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
(Name of Notary)
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
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, ,
(Name of Notary)
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
Exhibit C- I
Dedications, Improvements and Facilities Schedule
Exhibit C-1
OAK #4822-1317-6631 v5
Bonding/Construction/
Dedications, Improvements, and Facilities
Offer of Dedication
Construction Completed
Roadway Improvements (Section 4.09)
Rohnert Park Expressway (Section 4.09A)
Phase 1— North Side (Snyder to PHR)
Bond with 1st Final Map;
12 Months after start of
construction started prior
construction, OR 18 months if
to 25th Market Rate (MR)
started during rainy season.
Building Permit
Connections provided to
interior streets prior to
occupancy of any unit
Phase 2 — South Side (Snyder to PHR)
Bond with Final Map that
12 Months after start of
creates 800th Single-
construction, OR 18 months if
Family Lot; construction
started after rainy season
started prior to 800th MR
Building Permit
Keiser Avenue (Section 4.09B)
Phase 1- Snyder to West Side of Oak
Bond with 1st Final Map in
12 Months after start of
Grove Park
Vast Oak North;
construction, OR Occupancy
construction started prior
of Any MR Unit in Vast Oak
to 1st MR Building Permit
North
in Vast Oak North
Phase 2 - West Side of Oak Grove Park to
Bond with Final Map that
12 Months after start of
Petaluma Hill Road
Creates 100th MR Single-
construction
Family Lot in Vast Oak
North; construction
started at completion of
Keiser Phase 1 OR 100th
MR Building Permit in Vast
Oak North
Other Improvements
Potable Water Tank (Section 4.10)
Water Tank Property (128 Acres) Offered
By September 30, 2016
N/A
For Dedication
Water Tank Property (128 Acres) Closes
Prior to December 31,
N/A
Escrow
2016
Construction
Bond with Final Map that
N/A
Creates 200th Single -
Family Lot
Exhibit C-1
OAK #4822-1317-6631 v5
Exhibit D-2
OAK #4822-1317-6631 v5
Parks (Section 4.11)
Twin Creek Park - Dedication
Dedication on First Final
N/A
Map
Twin Creek Park - Sheet Graded and
Bond with First Final Map;
Prior to 100th MR Building
Stubbed Utilities
construction started prior
Permit
to 50th MR Building
Permit
Twin Creek Park - Improvement
Bond with Final Map that
12 Months After Start of
Creates 100th Single-
Construction
Family Lot; construction
started prior to 100th MR
Building Permit
Oak Grove Park - Dedication
Dedication on First Final
N/A
Map in Vast Oak North
Oak Grove Park - Perimeter Road
Bond with First Final Map
Prior to 100th MR Building
in Vast Oak North;
Permit in Vast Oak North
construction started prior
to 50th MR Building
Permit in Vast Oak North
Oak Grove Park - Improvements
Bond with Final Map that
12 Months after start of
creates 100th Single-
construction OR prior to
Family Lot in Vast Oak
150th MR Building Permit in
North; construction
Vast Oak North
started prior to 100th MR
Building Permit in Vast
Oak North
Pedestrian Bridges (Section 4.08 -C)
Pedestrian Bridge at Hinebaugh Creek
Bond with Final Map that
12 Months after start of
creates 100th MR Lot in
construction OR prior to
Vast Oak North;
150th MR Building Permit in
construction started prior
Vast Oak North
to 100th MR Building
Permit in Vast Oak North
Pedestrian Bridge at Copeland Creek
Bond with First Final Map
12 Months after start of
(Connecting UDLLC to Rancho Cotate High
in UDLLC; construction
construction
School)
started prior to 100th
UDLLC MR Building Permit
Vehicular and Roadway Bridge/ Public
Roadway (Section 4.09C)
Exhibit D-2
OAK #4822-1317-6631 v5
Kerry Road Vehicle Pedestrian Bridge at
Bond with First Final Map
12 Months After Start of
Hinebaugh Creek
in Vast Oak North;
Construction OR Prior to
construction started prior
Occupancy of Any Unit in Vast
to 1st Building Permit in
Oak North
Vast Oak North
Kerry Road Extension from Hinebaugh
Bond with First Final Map
12 Months After Start of
Creek to Keiser Avenue
in Vast Oak North;
Construction Or Prior to
Construction Started Prior
Occupancy of Any MR Unit in
to 1st MR Building Permit
Vast Oak North
in Vast Oak North
Notes:
1) Crosstown Water Transmission Main to be funded by PFFP Fund, built by City
2) Eastside Trunk Sewer North Reach/ Snyder Lane Widening (Southwest Boulevard to Medical Center
Drive) to be funded by Brookfield Homes, built by City
3) Eastside Trunk Sewer Phases 1 and 2 to be funded by PFFP Fund, built by City
4) Potable Water Tank to be funded by Brookfield Homes, built by City
5) Brookfield Homes Pays 25% of PFFP Fees in Cash (75% PFFP Credit for Improvements Allowed)
Exhibit D-3
OAK #4822-1317-6631 v5
19539.010
9/9/2016
IBM
1
Exhibit E— 1 Page I of
DESCRIPTION
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SONOMA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS;
LYING WITHIN THE COTATI RANCHO, COUNTY OF SONOMA, STATE OF CALIFORNIA AND
BEING A PORTION OF THE SAID LANDS OF ANDERSON, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3" BRASS DISK STAMPED "CSSC", MARKING THE CENTERLINE OF
PETALUMA HILL ROAD AT ENGINEER'S STATION 232+27.14 AND BEING A POINT ON
TANGENT AS SHOWN ON THAT RECORD OF SURVEY FILED IN BOOK 582 OF MAPS, PAGES
10 AND 11, SONOMA COUNTY RECORDS, FROM WHICH A Y BRASS DISK MARKING SAID
CENTERLINE AND AS SHOWN ON SAID MAP BEARS SOUTH 000 01'44" EAST, 2626.96 FEET;
THENCE SOUTH 05026' 32" EAST, 339.20 FEET TO A POINT ON THE EASTERLY LINE OF
PETALUMA HILL ROAD, ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 77039'44" EAST, 86.49 FEET; THENCE SOUTH 67'55'25" EAST, 206.96
FEET; THENCE SOUTH 89"03'5 1 " EAST, 1703.57 FEET; THENCE NORTH 001 31' 54" EAST, 592.87
FEET; THENCE NORTH 78° 18'57" EAST, 1301.01 FEET; THENCE NORTH 02° 29'44" EAST,
149.79 FEET TO THE NORTHERLY LINE OF SAID LANDS; THENCE ALONG SAID NORTHERLY
LINE THE FOLLOWING THREE COURSES: SOUTH 87° 30' 16" EAST, 477.97 FEET; NORTH 00° 14'
49" EAST, 463.32 FEET; SOUTH 87° 30' 16" EAST, 1541.35 FEET TO THE EASTERLY LINE OF
SAID LANDS; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TWO COURSES:
SOUTH 320 13'32" EAST, 588.11 FEET; SOUTH 16° 16'46" EAST, 1048.67 FEET TO THE
SOUTHERLY LINE OF SAID LANDS; THENCE ALONG SAID SOUTHERLY LINE THE
FOLLOWING FOUR COURSES: NORTH 76'32'59" WEST, 2307.55 FEET; NORTH 88° 53'06"
WEST, 1035.11 FEET; SOUTH 00° 18'05" WEST, 1295.94 FEET; NORTH 89' 56'20" WEST, 2606.17
FEET TO THE EASTERLY LINE OF PETALUMA HILL ROAD; THENCE ALONG SAID EASTERLY
LINE OF PETALUMA HILL ROAD NORTH 000 01' 44" WEST, 983.12 FEET TO THE POINT OF
BEGINNING.
APN. 047-132-038-000
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— —
— EXISTING PROPERTY LINE
P.O.0
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
®
FOUND 3" BRASS DISK
DOC #
DOCUMENT NUMBER
09-09-2016 3;13Dm
Ion S, 09suld P:\19539\PWS I.EGALS\PIATS\FAS
0 500 1000 2000
SCALE:1 "=1000'
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
UNIVERSITY DISTRICT LLC
DOC # 2016-022705
APN 047--132-038
CITY OF ROHNERT PARK CAL15ORNEA
MAGIMY & Somps
ENGINEERS PLANNERS SURVEYORS
5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690
16AWG
DRAWN I DATE I SCALE I JOB N0.
MB I SEPT. 2016 1 1"=1000' 1 19539.01