2019/05/14 City Council Resolution 2019-051RESOLUTION NO. 2019-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE CITY MANAGER TO ACCEPT AN
EASEMENT ON PROPERTY AT 6028 STATE FARM DRIVE (APN 143-021-079) FROM
K.G. TECHNOLOGIES, INC., FOR THE PURPOSE OF PUBLIC ACCESS
WHEREAS, the 6028 State Farm Drive (APN 143-021-079) property frontage has a
meandering multi -use pathway that has historically been used by the public for access from the
north portion of property to the south; and
WHEREAS, the City does not currently have an easement for public access along the
meandering multi -use pathway; and
WHEREAS, the City also does not currently have a sidewalk within the public right-of-
way; and
WHEREAS, on April 13, 2017 by Planning Commission Resolution No. 2017-11, the
Planning Commission approved the Site Plan and Architectural Review for K.G. Technologies
Office/Industrial building; and
WHEREAS, The Planning Commission's conditions of approval require dedication of a
permanent easement for public access along the meandering multi -use pathway; and
WHEREAS, the easement grants public access through a pathway along State Farm
Drive where the City currently does not have sidewalk infrastructure; and
WHEREAS, Government Code Section 27821 requires the acceptance of an easement
by the City Council before any conveyance of the easement may be recorded;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the acceptance of the easement from K.G. Technologies, Inc.
for the purpose of public access at the 6028 State Farm Drive (APN 143-021-079) property,
described in Exhibit "A" hereto.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate the acceptance of the easement 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 "A", and incorporated herein
by this reference, subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 14th day of May, 2019.
CITY OF ROHN T PARK
mai elforte, Mayor
ATTEST:
J nne M. Buerg er, City C erk
Attachment: Exhibit A
ADAMS:AW MACKENZIE: STAFFORD: CALLINAN: � BELFORTE:
AYES: (C; ) NOES: ( Cp ) AB NT: ( )r ) ABST N: ( e,r )
2019-051
Exhibit A
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 , 2019, by and between KG
Technologies, Inc., an Illinois 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 6028 State Farm
Dr Rohnert Park, California (APN 143-021-079) (the "Property"); and
B. The Grantor has conditions of approval for a development project that requires
dedication of a public access easement; 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 in 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 vl
City as Grantee
For the purposes of this Agreement, the right to use the Easement Area for public access
shall not include an obligation for maintenance and repair of the infrastructure and property,
which shall fall under the grantor's responsibility.
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. 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.
4. 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.
5. 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.
6. 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.
OAK #4822-1985-9231 v1
City as Grantee
7. Term of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
8. 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.
9. 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.
10. 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: KG Technologies, Inc.
6028 State Farm Drive
Rohnert Park, CA 94928
Attn: Erik Zhang
Phone: 707-664-5006
Email: ezhang@kgtechnologies.net
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
OAK #4822-1985-9231 v1
City as Grantee
11. Operative Date. This Agreement shall become effective, operative and
enforceable upon the last date upon which a party duly executes this Agreement.
12. 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.
13. 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.
14. 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 vl
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:
KG Technologies, Inc
An Illinois 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 Of7icer (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
(S E A L)
OAK #4822-1985-9231 vl
City as Grantee
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 vl
City as Grantee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Public Access
Easement Grant Deed ("Deed") dated , 2019, from KG
Technologies, an Illinois Corporation ("Grantor") to the City of Rohnert Park, a
municipal corporation ("City") is hereby accepted by the undersigned on behalf of
the City pursuant to authority conferred by Resolution No. 2019 -
adopted by the City on May 14, 2019, and that the City consents to recordation of
the Deed by its duly authorized officer.
Dated , 20_ By:
Name: Darrin Jenkins
Title: City Manager
April 1„ 2019
job No. SNR16-0096-00
Page l of 2
EXHIBIT "A"
LEGAL DESCRIPTION
FOR: SIDEWALK EASEMENT
An easement over that certain real property situate in the City of Rohnert Park,
County of Sonoma, State of California, being a portion of Lot 1 as shown on that
certain Map entitled "Rohnert Park Parcel Map No, 159" filed for record on
September 23, 1996 in Book 553 of Maps at Pages 38-40, Sonoma County Records,
and being more particularly described as follows:
BEGINNING at the westerly corner of said Lot 1, said corner bears North 09°28'55'
West, 153.96 feet from a 2.5" Brass Disk Monument located on the centerline of State
Farm Drive as shown on said Parcel Map;
THENCE along the northwesterly line of said Lot 1, North 64020'59" East, 24.50 feet;
THENCE leaving said northwesterly line, the following twelve (12) courses.'
1.
South 16023'19"
East,
8.76 feet,
2.
South 22°04'39"
East,
12.83 feet;
3. Along a curve to the right having a radius of 70.00 feet, through a central
angle of 18007146" for an arc distance of 22.15 feet to a point of reverse
curvature;
4. Along a curve to the left having a radius of 70.00 feet, through a central angle
of 33°41'00" for an arc distance of 41.15 feet;
5. South 37°37'53" East, 21.98 feet;
6. Along a curve to the right having a radius of 60.00 feet, through a central
angle of 2131 '20" for an arc distance of 92.54 feet;
7. South 16°06'32" East, 8.87 feet,
8. Along a curve to the left _having a radius of 75.00 feet, through a central angle
of 21133129 " for an arc distance of 28.22 feet to a point of reverse curvature;
9. Along a curve to the right having a radius of 75.00 feet, through a central
angle of 31'58121 " for an arc distance of 41.85 feet;
10. South 05°41'41"East, 37.92 feet;..
11. Along a curve to the left having a radius of 50.00;feet, through a central angle
of 13°37101 "for an arc distance of 11`.88 feet to a paint of reverse curvature;
12. Along a curve to the right having a radius of 948.50 feet, through a central
angle of 04'40'93" foi an are distance of 77.36 feet to a point on the
southeasterly line of said Lot l;
Thence along said southeasterly line of Lot 1, South 64°20'59" West, 5.60 feet to
southerly corner of said Lot 1;
BA2016116_.048iD0GSV-EGAL DESCRtPTFON=K/EV egaf Description - S1iWE.d=
April 1, 2019
Job No_ SNR16-0096-00
Page 2 of 2
EXHIBIT "A"
THENCE along the southwesterly line of said Lot 1, the following two (2) courses:
1. Along a non -tangent curve to the left having a radius of 943.00 feet and to
which point a radial line bears South 75025'34" West, through a central angle
of 11'04'35" for an arc distance of 182.30 feet;
2. North 25°39'01 " West, 147.83 feet to the POINT OF BEGINNING.
Containing 4,643 square feet, more or less.
As shown on "EXHIBIT B" attached hereto and by this reference made a part
hereof.
Legal Description was prepared by Barber Surveying, Inc. for Ware Malcomb.
Date 01 AfQ- -7A90
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BARBER
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Basis of Bearings:
The bearing North 2539'01" 'West taken between the found monuments located on
the centerline of State Farm Drive as shown on that certain Parcel Map No. 159 filed
for record on September 23, 1996 in Book 553 of Maps at Pages 38-40, Sonoma
County Records was taken as the Basis of all Bearings shown hereon.
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(j„ Z C1 70.00 18'07'46" 22.15 L1 N 64 2059 E 24.50'
Q C2 70.00' 3341'00" 41.15' L2 S 16°23'19" E 8.76'
w W C3 60.00' 21031'20" 22.54' L3 S 22004'39" E 12.89'
�• I V C4 75.00' 21'33'29" 28.22' L4 S 37037'53" E 21.98'
C5 75.00' 31'58'21" 41.85' L5 S 16°06'32" E 8.87'
C6 50.00' 13°37'01" 11.88' L6 S 05041'41" E 37.92'
C7 948.50' 04040'23 77.36' L7S 64°20'59" W 5.
EXHIBIT "B"
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR:
K" uK SIDEWALK EASEMENT
PROJECT. DATEWRE Y1LCOB c
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713
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