2020/07/28 City Council Resolution 2020-074 RESOLUTION NO. 2020-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A FORM OF EASEMENT AGREEMENT AND
FORM OF EASEMENT AGREEMENT AMENDMENT WITH SONOMA COUNTY
WATER AGENCY AND AUTHORIZING THE CITY MANAGER TO ACCEPT
EASEMENTS FROM SONOMA COUNTY WATER AGENCY
WHEREAS;the Sonoma County Water Agency(Sonoma Water)owns a number of
linear parcels adjacent to the various creeks and the Laguna de Santa Rosa, in and around the
City of Rohnert Park(City); and
WHEREAS, over time,the City has located a variety of facilities within Sonoma Water's
property including primarily sewer pipelines but also pathways and water mains; and
WHEREAS,the City and Sonoma Water have discovered that in a number of cases,
there are is no formal easement or too limited an easement covering the City's facilities; and
WHEREAS, the City and Sonoma Water desire to establish appropriate formal
easements covering the City's facilities located in Sonoma Water's property for the benefit of
both agencies.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a form Easement Agreement and an Easement
Agreement Amendment by and between Sonoma County Water Agency, a special legislation
agency as Grantor and the City of Rohnert Park, a municipal corporation, as Grantee, for
infrastructure improvements including but not limited to sewer mains, water mains and multi-use
pathways.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including(a)execution of Easement Agreements and Easement Agreement Amendments, in
similar forms to the Easement Agreement attached hereto as Exhibit"A,"and the Easement
Agreement Amendment attached hereto as Exhibit"B", subject to modifications approved by the
City Manager and City Attorney; and (b) accepting the easements from Sonoma County Water
Agency and executing certificates of acceptance.
DULY AND REGULARLY ADOPTED this 28th day of July, 2020.
CITY OF ROHNE PARK
Joseph T. Callinan, Mayor
ATTEST:
Sylvia Lo Cuevas, Acting City per
Attachments: Exhibit A, Exhibit B
ADAMS: BELFORTE:A(' ISTAFFORD: MACKENZIE: CALLINAN:/9't/���
AYES: ( ) NOES: ( ) B: ( 1 ') ABSTAIN:0 ) �j
Page 1 of 10
RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Exempt from the fee per GC 27388.1 (a) (2); Deed to Public Agency
Executed or recorded by a government agency. Tax $0 Exempt from Transfer Tax R&T 11922
Portions of APNs 046-011-013, 046-011-016, 046-011-023, 062-240-013 & 134-232-019
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is made and entered as of Insert Date by and between
the Sonoma County Water Agency (“Sonoma Water”) and the City of Rohnert Park, a municipal
corporation (“Grantee”). Sonoma Water and Grantee may each be referred to as a “Party” or
collectively as the “Parties.”
R E C I T A L S
WHEREAS, Sonoma Water is the owner of certain real property in Sonoma County,
California, more particularly described as follows:
Insert Legal Description (hereafter referred to as the “Sonoma Water Property”); and
WHEREAS, Grantee desires to obtain a permanent easement over portions of the Sonoma
Water Property, hereinafter referred to as “Easement Area,” and more particularly described in Exhibit
“A”, and shown for reference on Exhibit “A-1”, for the purposes of reconstructing, removing,
replacing, repairing, maintaining, operating and using existing and new improvements constructed and
installed, or to be constructed and installed, by Grantee on Sonoma Water Property, in connection with
“Insert Name of City’s Project”[ (the “Improvements”); and
WHEREAS, it is the intention of the Parties, to formalize the terms and conditions under which
Grantee shall operate and maintain the Improvements located within the Easement Area.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions contained herein, Sonoma Water and Grantee covenant and agree as follows:
A G R E E M E N T
1. Grant of Non-Exclusive Easement. Sonoma Water hereby grants to Grantee, its
employees, contractors, consultants, successors and assigns a non-exclusive easement over the
Page 2 of 10
Easement Area of the nature, character and extent, and subject to the conditions, set forth in this
Agreement.
2. Nature of Easement over Sonoma Water Property. The easement granted over the
Easement Area is a perpetual easement for the purposes of reconstructing, removing, replacing,
repairing, maintaining, operating and using the Improvements, including the right at all times to enter
in, over and upon said Easement Area for all purposes connected with the reconstructing, removing,
replacing, repairing, maintaining, operating and using the Improvements; provided, however, that said
use does not damage or restrict Sonoma Water’s full use of the Sonoma Water Property or its
improvements existing thereon in any way. Sonoma Water reserves the right to install, construct,
operate, and maintain both its existing improvements and any future improvements on the Sonoma
Water Property. This easement is granted on the condition that the Grantee’s, and the public’s if
applicable, use of the Easement Area does not damage or restrict Sonoma Water’s full use of existing
Sonoma Water improvements in any way. The grant of easement herein is subject and subordinate to
the rights of Sonoma Water, and its successors and assigns, to use the Sonoma Water Property in the
performance of its governmental and proprietary functions.
3. Term. The easement granted in section 2 above shall continue in perpetuity so long as
Grantee is in compliance with the terms and conditions of this Agreement.
4. Maintenance of Easement. Grantee shall maintain all improvements installed by
Grantee within the Easement Area at Grantee’s sole cost and expense. Any reconstruction or
maintenance activities performed by Grantee on the Easement Area shall not interfere with the Sonoma
Water's continued use of the Sonoma Water’s Property or the Easement Area.
5. Waste or Nuisance; Sonoma Water’s Rights in Property. Grantee shall not commit or
suffer: (a) any waste or nuisance on the Easement Area; (b) any action or use of the Easement Area
which interferes or conflicts with the use of the Easement Area or Sonoma Water Property by Sonoma
Water or any authorized person; or (c) any action on the Easement Area in violation of any law or
ordinance. Except as otherwise provided in this Agreement, Grantee shall not undertake or permit any
activity or use on the Easement Area that is inconsistent with the purpose of this Agreement, including,
without limitation, the following activities: (a) constructing, reconstructing, replacing, repairing, or
maintaining any building, structure, utilities, or other improvement other than the Improvements; (b)
altering the surface or contour of the land in any manner, including, but not limited to, excavating or
removing soil, sand, gravel, rock, sod, trees, shrubs, plants or vegetation other than as required for
construction or reconstruction of the Improvements; (c) degrading or eroding the soil or polluting any
surface or sub-surface waters; (d) dumping, accumulating, or storing trash, ashes, garbage, waste, junk,
non-operative vehicles, or other materials; (e) damaging the integrity of the surface beyond normal
wear and tear; (f) exploring for or developing and extracting minerals and hydrocarbons by any mining
method, surface or otherwise; (g) parking any vehicle other than temporary parking for routine
maintenance; and (h) placing or leaving any personal property of Grantee or Grantee’s users.
6. Non-Liability of Sonoma Water; Indemnity. Sonoma Water and its officers, agents,
and employees shall not be liable to Grantee or any third party for any injury, loss, or damage arising
out of or in connection with the use by the Grantee of the easement granted herein, except to the extent
of Sonoma Water’s active negligence or willful misconduct. Grantee agrees to defend, indemnify,
hold harmless, and release Sonoma Water, and its officers, agents, and employees, from and against
any and all actions, claims, damages, liabilities, or expenses of every kind and nature whatsoever that
Page 3 of 10
may be asserted by any person or entity, including Grantee, arising out of or relating in any way,
directly or indirectly, to the use by the Grantee of the easement granted herein, except to the extent of
Sonoma Water’s active negligence or willful misconduct. Grantee agrees to compensate Sonoma
Water for any damage to Sonoma Water property as a result of the construction, operation, or
maintenance of the Improvements.
7. Relocation. If Sonoma Water determines, in its reasonable discretion, it requires
Grantee to relocate any of its improvements to enable Sonoma Water to use the Sonoma Water
Property in the performance of its governmental and proprietary functions, or if future laws or
regulations require a greater separation between the Improvements and any Sonoma Water
improvements, Grantee shall relocate the Improvements accordingly and be responsible for any costs
associated with the relocation.
8. Enforcement. If through inspection or otherwise Sonoma Water determines that
Grantee is in violation of the provisions of this Agreement or that a violation is threatened, Sonoma
Water shall give written notice to Grantee of such violation and demand corrective action sufficient to
cure the violation. If Grantee fails to cure the violation within fourteen (14) days after receipt of notice
thereof from Sonoma Water, or under circumstances where the violation cannot reasonably be cured
within a fourteen (14) day period, fails to begin curing such violation within the fourteen (14) day
period, or fails to continue diligently to cure such violation until finally cured, Sonoma Water may
bring an action to enforce the provisions of this Agreement, enjoin the violation, recover damages and
enforcement costs for the violation, and require restoration of the easement to the condition that existed
prior to the violation. If Sonoma Water reasonably determines that circumstances require immediate
action to prevent or mitigate a violation or threatened violation of the provisions of this Agreement,
Sonoma Water may pursue its remedies under this paragraph without prior notice to Grantee and
without waiting for the period for cure to expire.
9. Enforcement Discretion. Enforcement of the provisions of this Agreement shall be at
the discretion of the Parties, and any forbearance by a Party to exercise its rights under this Agreement
in the event of any breach of any provision of this Agreement by the other Party shall not be deemed
or construed to be a waiver by the Party of such provision or of any subsequent breach of the same or
any other provision of this Agreement or of any of the Party's rights under this Agreement. No delay
or omission by a Party in the exercise of any right or remedy upon any breach by the other Party shall
impair such right or remedy or be construed as a waiver.
10. Access and Control. Except as otherwise expressly provided in this Agreement,
Sonoma Water retains the exclusive right of access to and control over the Easement Area. Nothing
contained in this Agreement shall be construed as precluding Sonoma Water's right to grant access to
third parties across the Easement Area.
11. Successors. This Agreement shall be binding on and shall inure to the benefit of the
parties hereto and their respective successors, heirs, assigns and transferees.
12. Amendment. If circumstances arise under which an amendment or modification of this
Agreement would be appropriate, Grantee and Sonoma Water shall be free to jointly amend this
Agreement. Any such amendment shall be recorded in the Office of the Sonoma County Recorder.
Page 4 of 10
13. Notices. Any notice, demand, request, approval, or other communication that either
party desires or is required to be given under this Agreement shall be in writing and may be given by
personal delivery or by mail. Notices, demands, requests, approvals, or other communications sent by
mail should be addressed as follows:
Sonoma Water: Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
Grantee: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Insert Individual to be contacted if desired
and when so addressed, shall be deemed given upon deposit in the United States Mail, registered or
certified, return receipt requested, postage prepaid. In all other instances, notices, demands, requests,
approvals, or other communications shall be deemed given at the time of actual delivery. Changes
may be made in the names and addresses of the persons to whom notices, demands, requests,
approvals, or other communications are to be given by giving notice pursuant to this section.
14. Applicable Law and Forum. Interpretation and performance of this Agreement shall
be governed by California law and any action to enforce the provisions of this Agreement or the breach
thereof shall be brought and tried in the County of Sonoma.
15. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed
to create and the parties do not intend to create any rights in third parties.
16. Integration. This Agreement is the final and complete expression of the agreement
between the parties and any and all prior or contemporaneous agreements written or oral are merged
into this instrument.
17. Captions. The captions in this Agreement have been included solely for convenience
of reference. They are not a part of this Agreement and shall have no effect upon its construction or
interpretation.
18. Survival of Agreement. This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein, shall survive the closing of
this transaction and recordation of any deed or other document related hereto.
IN WITNESS WHEREOF, Sonoma Water and Grantee have executed this Agreement as set
forth below.
Page 5 of 10
SONOMA COUNTY WATER AGENCY:
Executed by the Sonoma County Water Agency this ________ day of ________________________,
20_____, pursuant to authority granted by Agenda Item No. ______________________ dated
______________________________, 20_____:
By: ________________________________
Grant Davis
General Manager
Approved as to Form:
By: Date:_______________
Deputy County Counsel
City of Rohnert Park:
By: __________________________________ Date:_______________
Insert Name
Insert Signer’s Capacity
Resolution Number:
Approved as to Form:
By: __________________________________ Date:_______________
City Attorney
Page 6 of 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of __________________ )
On _________________ before me, ________________________________________________, Date Here Insert Name and Title of the Officer
personally appeared _____________________________________________________________ Name(s) 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(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 _________________________________ Place Notary Seal Above Signature of Notary Public
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.
Page 7 of 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of __________________ )
On _________________ before me, ________________________________________________, Date Here Insert Name and Title of the Officer
personally appeared _____________________________________________________________ Name(s) 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(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 _________________________________ Place Notary Seal Above Signature of Notary Public
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.
Page 8 of 10
Exhibit “A”
Insert Legal Description
Page 9 of 10
Exhibit “A-1”
Insert Plat of Legal Description
Page 10 of 10
Insert City of Rohnert Park Certificate of Acceptance
Page 1of 7
RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Exempt from the fee per GC 27388.1 (a) (2); Deed to Public Agency
Executed or recorded by a government agency. Tax $0 Exempt from Transfer Tax R&T 11922
EASEMENT AGREEMENT AMENDMENT
This Easement Agreement Amendment ("Amendment") is made and entered as of Insert Date
by and between the Sonoma County Water Agency (“Sonoma Water”) and the City of Rohnert Park,
a municipal corporation (“Grantee”).
R E C I T A L S
WHEREAS, Sonoma Water and Grantee executed an Easement Agreement recorded as
Document Number Insert Doc Number, recorded on Insert Recording Date, Official Records of the
County of Sonoma (hereafter referred to as “Easement Agreement”; and
WHEREAS, Grantee has heretofore constructed certain improvements in Sonoma Water
owned property and desire to obtain easement rights to continue the operation and maintenance of said
improvements; and
WHEREAS, Sonoma Water is the owner of certain real property in Sonoma County,
California, more particularly described as follows:
Being the real property as described in that certain Insert title of vesting document eg. Grant
Deed recorded Insert: [recording date] Insert: as Document Number yyyy-xxxxxx or: in Book XXXX,
beginning at Page XXX, Official Records of the County of Sonoma, currently identified as Sonoma
County Assessor’s Parcel Number(s) (APN) Insert Assessor’s Parcel Number(s) XXX-XXX-XXX,
and being more commonly known as Insert Name of Creek, (hereafter referred to as the “Sonoma
Water Property”); and
WHEREAS, Grantee wishes to amend the Easement Agreement to include additional easement
areas over portions of the Sonoma Water Property, hereinafter referred to as “Additional Easement
Area,” and more particularly described in Exhibit “A”, and shown for reference on Exhibit “A-1”, for
the purposes of construction, reconstructing, removing, replacing, repairing, maintaining, operating
and using existing improvements constructed and installed by Grantee on Sonoma Water Property,
hereinafter referred to as “Insert Name of City’s Project.”
Page 2of 7
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions contained herein, Sonoma Water and Grantee covenant and agree as follows:
A G R E E M E N T
1. Amendment to Grant of Non-Exclusive Easement. Sonoma Water hereby amends the
Easement Agreement to add the Additional Easement Area to the Easement Area under the Easement
Agreement.
2. Nature of Amendment to Easement Agreement over Sonoma Water Property. Except
to the extent the Easement Agreement is specifically amended or supplemented hereby, the Easement
Agreement is, and shall continue to be, in full force and effect as originally executed, and nothing
contained herein shall be construed to modify, invalidate or otherwise affect any provision of the
Easement Agreement.
Page 3 of 7
IN WITNESS WHEREOF, Sonoma Water and Grantee have executed this Agreement as set
forth below.
SONOMA COUNTY WATER AGENCY:
Executed by the Sonoma County Water Agency this ________ day of ________________________,
20_____, pursuant to authority granted by Agenda Item No. ______________________ dated
______________________________, 20_____:
By: ________________________________
Grant Davis
General Manager
Approved as to Form:
By: Date:_______________
Deputy County Counsel
City of Rohnert Park
By: __________________________________ Date:_______________
Insert Name
Insert Signer’s Capacity
Resolution Number:
Approved as to Form:
By: __________________________________ Date:_______________
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of __________________ )
On _________________ before me, ________________________________________________, Date Here Insert Name and Title of the Officer
personally appeared _____________________________________________________________ Name(s) 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(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 _________________________________ Place Notary Seal Above Signature of Notary Public
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of __________________ )
On _________________ before me, ________________________________________________, Date Here Insert Name and Title of the Officer
personally appeared _____________________________________________________________ Name(s) 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(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 _________________________________ Place Notary Seal Above Signature of Notary Public
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.
Exhibit “A”
Insert Legal Description
Exhibit “A-1”
Insert Plat of Legal Description