2023/09/12 City Council Resolution 2023-070 RESOLUTION NO. 2023-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING STAFF TO RE-RECORD A DEED RESTRICTION FOR LYDIA PARK
PLAYGROUND RENOVATION PROJECT NO. 2018-22
WHEREAS,the Lydia Park Playground Renovation Project is funded by a $204,598
State Parks grant (Grant) and $51,099 of Casino Supplemental funding; and,
WHEREAS, the Project is replacement of the existing swing with new large playground
structures and upgrading the Americans with Disabilities Act(ADA) accessible pathway to the
park from Lydia Court South; and,
WHEREAS, a deed restriction was required on the Lydia Park parcel, restricting the title
to the property for purposes consistent with the Grant; and,
WHEREAS, the original deed restriction was approved by the City Council on March
28, 2023, based on a template from the Grant Procedural Guide; and,
WHEREAS, the Grant Officer notified staff that the Grant Procedural Guide had the
incorrect deed restriction template and revisions to the recorded deed restriction are required; and
WHEREAS, these revisions include a more detailed Grant name description, additional
description of the property from the title report, and increasing the term of the deed restriction
from 20 years to 30 years; and
WHEREAS, City staff has made the corrections to the deed restriction and is requesting
City Council authorize staff to re-record the Grant Deed with revised language (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the following:
1. The above recitals are true and correct and material to this Resolution. In making its
findings the City Council relied upon and hereby incorporates by reference all of the
correspondence, staff reports and all other related materials.
2. The City Manager is hereby authorized to execute a Deed Restriction Revision on the
Lydia Park parcel (see Exhibit B).
3. This Resolution shall become effective immediately.
4. All portions of this Resolution are severable. Should any individual component of this
Resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining Resolution portions shall continue in full force and effect,
except as to those Resolution portions that have been adjudged invalid. The City Council
of the City of Rohnert Park hereby declares that it would have adopted this Resolution
and each section, subsection, clause, sentence, phrase, and other portion thereof,
irrespective of the fact that one or more section, subsection, clause, sentence, phrase or
other portion may be held invalid or unconstitutional.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 12th day of September, 2023.
CITY OF ROHNERT PARK
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ATTEST:
Sylvia Lopez Cuevas, ' Clerk
Attachments: Exhibit A and Exhibit B
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Resolution 2023-070
Page 2 of 2
ATTACHMENT 2: EXHIBIT A – REVISED DEED RESTRICTION
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Rosalind Rowe
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
Exempt from recording fee per Gov. Code § 27383
DEED RESTRICTION
I. WHEREAS, the City of Rohnert Park (hereinafter referred to as “Owner(s)” is/are
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as “DPR”) is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the “PRC”); and
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, 218 Parks Bond Act Per Capita Program to add new play equipment, park amenities, and
upgrade the pathways on the Property; and
IV. WHEREAS, on _July 1, 2020, DPR’s Office of Grants and Local Services conditionally
approved Grants 18-49-012 and 18-49-013 (hereinafter referred to as “Grant”) to add new play
equipment, park amenities, and upgrade the pathways on the Property, subject to, among other conditions,
recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act
ATTACHMENT 2: EXHIBIT A – REVISED DEED RESTRICTION
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Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted;
and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1,
2018 through June 30, 2048 (30 years).
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
ATTACHMENT 2: EXHIBIT A – REVISED DEED RESTRICTION
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all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of
DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 2023
Business Name (if property is owned by a business): __________________________________________
Owner(s) Name(s): City of Rohnert Park
Signed: ________________________________
Marcela Piedra, City Manager of City of Rohnert Park________ PRINT/TYPE NAME & TITLE OF ABOVE
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
ATTACHMENT 2: EXHIBIT A – REVISED DEED RESTRICTION
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State of California
County of _______________
On __________________ before me, __________________________, a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
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.
ATTACHMENT 2: EXHIBIT A – REVISED DEED RESTRICTION
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EXHIBIT A
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SONOMA, DESCRIBED AS FOLLOWS:
Parcel B
Parcel B, as shown upon Rohnert Park Parcel Map No. 179, filed in the Office of the County
Recorder of the County of Sonoma on October 27, 1972 in Book 34 of Maps of Page 2 of 19,
Sonoma County Records.
Beginning at the most southerly corner of Lot 11 of Holiday Park Subdivision, Unit 4, recorded
in Book 179 of Maps at Page 34, Sonoma County Records; thence south 76° 09' 09" east 70.95
feet; thence south 16° 31' 11" west 42.00 feet; thence north 68° 59' 32" west; 73.14 feet; thence
north 20° 05' 1011 east, 34.31 feet to the point of beginning. Containing 2744 square feet
(0.0630 Acres). A.P. 046-540-73.
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