2023/09/12 City Council Resolution 2023-072 RESOLUTION NO. 2023-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A GRANT OF STORM DRAIN EASEMENT AGREEMENT AND
APPROVING AND ACCEPTING A GRANT OF UTILITY EASEMENT AGREEMENT
WITH BELLA CREEK LLC FOR THE DEVELOPMENT LOCATED AT 100 AVRAM
AVENUE
WHEREAS, on March 9, 2017, the Planning Commission of the City of Rohnert Park
adopted its Resolution 2017-08 approving a Site Plan and Architectural Review for a 90-unit
multi-family housing project located at 100 Avram Avenue (the "Project") on property that was
previously owned by the City's Redevelopment Agency; and
WHEREAS, on May 7, 2019, the Subdivision Commission of the City of Rohnert Park
adopted its Resolution 2019-02 approving a Tentative Parcel Map for the Project(the "Tentative
Map"), subject to certain conditions of approval ("Conditions"); and
WHEREAS, on September 10, 2019, City Council adopted Resolution 2019-115
approving the Master Maintenance Agreement setting forth maintenance responsibilities of the
Project owner; and
WHEREAS, on September 10, 2019, in accordance with Rohnert Park Municipal Code
Section 16.06.050 the final Parcel Map for the Project was approved; and
WHEREAS,the Project is consistent with the Central Rohnert Park Priority
Development Area Final EIR and there are no additional impacts or changes to the project;
therefore, no further CEQA analysis is required; and
WHEREAS, the Project is located on property that was once belonged to the City, and
utilizes a storm water outfall on the adjacent City Hall property; and
WHEREAS, the Project constructed a new trash enclosure that drains through the
Project's sewer lateral and requires a grant of easement to City; and
WHEREAS, the City and the Project owner, Bella Creek LLC, desire to establish
appropriate formal easements for the storm drain and utility lines for the benefit of both parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Grant of Storm Drain Easement Agreement attached as
Exhibit A and the approve and accept the Grant of Utility Easement Agreement attached as
Exhibit B, with both incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Grant of Storm Drain Easement Agreement and Grant of Utility Easement
Agreement, in substantially similar form to Exhibits "A" and "B," subject to modifications
approved by the City Manager and City Attorney, and to take all actions to effectuate these
agreements, including executing a Certificate of Acceptance accepting the Grant of Utility
Easement.
DULY AND REGULARLY ADOPTED this 12th day of September, 2023.
CITY OF ROHNERT PARK
ATTEST: (,,Sa.m odriguez, Mayor
Sylvia Lopez Cuevas City Clerk
Attachments: Exhibit A & Exhibit B
ELWARD:AQ GIUDICE• SANBORN41_HOLLINGSWORTH ADAMS:, RODRIGUEZ:
vff AYES: ( C NOES: ( ) ABSENT: ( 4:2S) ABSTAIN: ( ) s '
Resolution 2023-072
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EXHIBIT ‘A’
LEGAL DESCRIPTION FOR
PRIVATE STORM DRAIN EASEMENT DEDICATION
LANDS OF THE CITY OF ROHNERT PARK (DOC. NO.2017-024842)
APN 143-380-038
AN EASEMENT SITUATE IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA,
BEING A 10 FEET WIDE STRIP OF LAND OVER A PORTION OF ADJUSTED PARCEL B, SAID PARCEL BEING
SHOWN AND DESCRIBED IN THE GRANT DEED TO THE CITY OF ROHNERT PARK, RECORDED ON MARCH
30, 2017 AS DOC NO. 2017-024842, RECORDS OF SONOMA COUNTY, SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID ADJUSTED PARCEL B, ALSO BEING THE SOUTHEAST
CORNER OF PARCEL 1 AS SHOWN ON THE MAP ENTITLED “PARCEL MAP NO. 190”, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, ON SEPTEMBER 25,
2019, IN BOOK 808 OF MAPS AT PAGES 7 TO 10, AND BEING A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF AVRAM AVENUE (50 FEET WIDE), AS SHOWN ON SAID MAP, THENCE ALONG THE WESTERLY LOT
LINE OF SAID ADJUSTED PARCEL B, NORTH 00° 06’ 24” WEST 119.52 FEET TO THE TRUE POINT OF
BEGINNING, THENCE, CONTINUING ALONG SAID WESTERLY LOT LINE, NORTH 00° 06’ 24” WEST 10.00
FEET; THENCE, LEAVING SAID WESTERLY LOT LINE, NORTH 89° 59’ 18” EAST 33.87 FEET; THENCE, ALONG
A LINE PARALLEL WITH SAID WESTERLY LOT LINE, SOUTH 00° 06’ 24” EAST 10.00 FEET; THENCE, SOUTH
89° 59’ 18” WEST 33.87 FEET TO SAID WESTERLY LOT LINE AND THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 339 SQUARE FEET, MORE OR LESS.
END OF DESCRIPTION
EXHIBIT “B”, PLAT TO ACCOMPANY LEGAL DESCRIPTION, IS ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED ON RECORD DATA
TAKEN FROM “PARCEL MAP NO. 190”, FILED FOR RECORD IN BOOK 808 OF MAPS AT PAGES 7 TO 10,
SONOMA COUNTY RECORDS.
_____________________________
ANNE – SOPHIE TRUONG, PLS 8998 DATE
02/15/2023
'B'