2020/12/08 City Council Resolution 2020-113RESOLUTION NO. 2020-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A WATER LINE EASEMENT AGREEMENT DEED AND
AUTHORIZING THE CITY MANAGER TO ACCEPT AN EASEMENT FROM
LOWENBERG ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP FOR A
PUBLIC WATER LINE
WHEREAS, in 2019, Lowenberg Associates, L.P. purchased a piece a property located
at 655 Park Court in Rohnert Park with the intent of placing the Straus Family Creamery
production facility (Project) at this location; and
WHEREAS, the City of Rohnert Park Planning Commission approved the site plan and
architectural review for the Project with its Resolution 2019-34 on November 14th, 2019
WHEREAS, the conditions of approval for the Project require improvements to and
dedication of an existing 8-inch water line on the property to the City, to ensure adequate fire
flow for the project; and
WHEREAS, the proposed dedication and acceptance of the water line is consistent with
the CEQA review for the Project which consisted of an exemption under CEQA Section 15332
for in -fill development projects; and
WHEREAS, accepting the water line into the City's system and accepting the associating
easement is required for the development to receive occupancy of the building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve an Easement Agreement by and between the City of Rohnert
Park, a municipal corporation, and Lowenberg Associates, L.P. , a California Limited Partnership
for the purpose of a public water line.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute and record the Easement Agreement, in substantially similar form to that attached
hereto as Exhibit "A" and incorporated herein by this reference, subject to minor modifications
by the City Manager or City Attorney, and to take all actions and execute any documents
necessary to effectuate the Easement Agreement for and on behalf of the City of Rohnert Park.
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park
determines that this action is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15332 for in -fill development projects,
as the Project site has no value as habitat for endangered, rare, or threatened species and would
not result in any significant effects relating to traffic, noise, air quality, or water quality and can
be adequately served by all required utilities and public services.
DULY AND REGULARLY ADOPTED this 8th day of December, 2020.
ATTEST:
Sy1vla Lopez Cue s, City Clerk
Attachment: Exhibit A
CITY OF ROHNERT PARK
Joseph T. Vallinan, Mayor
ADAMS: ` ' � BELFORTE: 10W STAFFORD. ' 1 rMACKENZIE.~. CALLINAN:
AYES: ( 5 ) NOES: ( 4 ) ABSENT: ( �? ) ABSTAIN: ( )
Resolution 2020-113
Page 2
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
Exempt from the fee per GC27388.1 (a); SPACE ABOVE THIS LINE FOR RECORDER'S USE
Transfer Tax = 0, deed to public agency
GRANT OF PUBLIC WATER LINE EASEMENT AGREEMENT
This PUBLIC WATER LINE EASEMENT AGREEMENT (this "Agreement") is made
and entered into effective as of this day of December, 2020, by and between
Lowenberg Associates, L.P. (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 655 Park Court,
Rohnert Park, California (APN 143-040-067) (the "Property"); and
B. The Grantor wishes to dedicate the water line for public use; 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" (the "Easement Area"), for the purpose of a public water line 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 the public water line 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 the public
water line 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 public water line.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than as a public water line 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:
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 ftner(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 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 ftner(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 v1 6
City as Grantee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Water Line
Grant Easement Deed ("Deed") dated , 2020, from Lowenberg Associates,
L.P., a California Limited Partnership ("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. 2008-124, adopted by the City on
August 12, 2008, and that the City consents to recordation of the Deed by its duly
authorized officer.
Dated , 20_ By:
Name: Darrin Jenkins
Title: City Manager
OAK #4822-1985-9231 v1 7
City as Grantee
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
OAK #4822-1985-9231 vl
City as Grantee
EXHIBIT `A'
LEGAL DESCRIPTION FOR PUBLIC WATERLINE EASEMENT
Lying within the City of Rohnert Park, County of Sonoma, State of California and being
a portion of the lands of Lowenberg Associates, L.P. a California limited partnership, as
described by Corporation Grant Deed recorded January 10, 2020 under Document
Number 2020-002055, Sonoma County Records, said portion is more particularly
described as follows:
AREA 1
A strip of land 30 feet wide lying 15 feet on each side of the following described line:
Commencing at the easterly common corner of Lot 5 and Lot 6, said common corner
being on the westerly right-of-way of Park Court, as shown on that final map entitled
"Rohnert Business Park Subdivision", filed in Book 375 of Maps at Pages 10 through 11,
Sonoma County Records, from which the westerly common comer of said Lot 5 and Lot
6 bears South 89°43' 10" West 566.77 feet; thence leaving said easterly common corner
and along the common line of said Lot 5 and said right-of-way of Park Court along a
non -tangent curve to the left, the radius point or which bears North 89'43' 10" East 70.00
feet, through a central angle of 45032'59", for a length of 55.65 feet to the POINT OF
BEGINNING; thence leaving said common line of Lot 5 and said right-of-way, South
44010'11" West 36.46 feet; thence North 90°00'00" West 43.42 feet to a point
hereinafter described as Point A; thence continuing North 90°00'00" West 474.30 feet;
thence South 28°24'55" West 147.06 feet to a point hereinafter described as Point B;
thence continuing South 28024'55" West 95.25 feet; thence South 00°33'25" East 88.37
feet; thence North 90°00'00" East 158.53 feet to a point hereinafter described as Point C;
thence continuing North 90°00'00" East 133.87 feet to a point hereinafter described as
Point D; thence continuing North 90000'00" East 103.17 feet to a point hereinafter
described as Point E; thence continuing North 90°00'00" East 214.68 feet to a point
hereinafter described as Point F; thence continuing North 90°00'00" East 4.24 feet;
thence North 45°10'52" East 53.96 feet; thence North 0010'52" East 36.79 feet to a point
hereinafter described as Point G; thence continuing North 0010'52" East 61.40 feet;
thence North 44°49'08" West 91.26 feet; thence North 00°00'00" East 100.53 feet to said
Point A and the POINT OF TERMINUS of the herein described line.
The sidelines of which shall be lengthened or shortened so as to meet at angle points and
to terminate at said common line of said Lot 5 and said right-of-way of Park Court.
Together with a strip of land 30 feet wide lying 15 feet on each side of the following
described line:
AREA 2
BEGINNING at said Point B; thence South 61°35'05" East 34.64 feet; thence South
90000'00" East 58.43 feet to the POINT OF TERMINUS.
Cinquini & Passarino, Inc. CPI No.: 8721-19
1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106
Santa Rosa, CA 95401 Page 1 of 5 www.cinquinipassarino.com
EXHIBIT `A'
LEGAL DESCRIPTION FOR PUBLIC WATERLINE EASEMENT
The sidelines of which shall be lengthened or shortened so as to meet at angle points with
a line perpendicular from the point of terminus and with Area 1.
Together with a strip of land 30 feet wide lying 15 feet on each side of the following
described line:
AREA 3
BEGINNING at said Point C; thence South 00°00'00" East 25.39 feet to the POINT OF
TERMINUS.
The sidelines of which shall be lengthened or shortened so as to meet at angle points with
a line perpendicular from the point of terminus and with Area 1.
Together with a strip of land 30 feet wide lying 15 feet on each side of the following
described line:
AREA 4
BEGINNING at said Point E; thence South 00°00'00" East 25.67 feet to the POINT OF
TERMINUS.
The sidelines of which shall be lengthened or shortened so as to meet at angle points with
a line perpendicular from the point of terminus and with Area 1.
Together with a strip of land 30 feet wide lying 15 feet on each side of the following
described line:
AREA 5
BEGINNING at said Point F; thence South 00°00'00" East 18.61 feet to the POINT OF
TERMINUS.
The sidelines of which shall be lengthened or shortened so as to meet at angle points with
a line perpendicular from the point of terminus and with Area 1.
Together with a strip of land 30 feet wide lying 15 feet on each side of the following
described line:
AREA 6
BEGINNING at said Point G; thence South 89149'08" East 25.14 feet to the POINT OF
TERMINUS.
The sidelines of which shall be lengthened or shortened so as to meet at angle points with
a line perpendicular from the point of terminus and with Area 1.
Cinquini & Passarino, Inc. CPI No.: 8721-19
1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106
Santa Rosa, CA 95401 Page 2 of 5 www.cinquinipassarino.com
EXHIBIT `A'
LEGAL DESCRIPTION FOR PUBLIC WATERLINE EASEMENT
Excluding therefrom the following described area:
AREA 7
Commencing at said Point D; thence North 00°00'00" East 6.50 feet to the POINT OF
BEGINNING; thence continuing North 00°00'00" East 8.50 feet; thence North
90°00'00" East 315.90 feet; thence South 45110'52" West 12.06 feet; thence North
90°00'00" West 307.35 feet to the POINT OF BEGINNING.
Containing 55,612 Square Feet more or less.
END OF DESCRIPTION
The basis of bearings for the above described portion is North 89°43' 10" East 550.00 feet
between found City Monuments along the centerline of Park Court as shown on the map
entitled "Rohnert Business Park Subdivision" filed in Book 375 of Maps at Pages 10
through 11, Sonoma County Records.
Being a portion of APN 143-040-067
Prepared by Cinquini & Passarino, Inc.
Date
Cinquini & Passarino, Inc. CPI No.: 8721-19
1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106
Santa Rosa, CA 95401 Page 3 of 5 www.cinquinipassarino.com
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THIS DIAGRAM IS FOR
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ANY ERRORS OR OMISSIONS
SHALL NOT AFFECT THE
LEGAL DESCRIPTION.
LANDS OF
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APN 143-930-009
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