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2023/11/14 City Council Resolution 2023-082 RESOLUTION NO. 2023-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT WITH MORTEZA ARJANGI FOR A PORTION OF THE PROPERTY LOCATED AT 5020 SNYDER LANE, ACCEPTANCE OF REAL PROPERTY,AND AUTHORIZING THE CITY MANAGER TO ISSUE A CHECK FOR$186,000 FOR THE PURCHASE PRICE WHEREAS, the City is party to a Development Agreement(DA) with University District LLC (Brookfield Homes) and Vast Oaks LP, which governs the development of the majority of the University District Specific Plan Area(Development); and WHEREAS, the terms of this DA include requirements to secure right-of-way for and construct a traffic signal at the intersection of Snyder Lane and Keiser Avenue as part of the environmental mitigation for the Development; and WHEREAS, the Developer has paid into the Public Facilities Finance Plan fund (PFFP) to reimburse the City for managing the design, ROW acquisition, and construction of the traffic signal; and WHEREAS,a portion of the right-of-way necessary to complete the traffic signal and roadway improvements is currently owned in fee by Morteza Arjangi ("Arjangi") with a location of 5020 Snyder Lane; and WHEREAS, staff have negotiated with Arjangi on a purchase price for his portion of the property needed as part of the acquisition for one hundred and eighty six thousand dollars ($186,000); and WHEREAS, a Purchase and Sale Agreement for the portion of Arjangi has been prepared as shown in Exhibit A; and WHEREAS, Arjangi is prepared to deed the real property described in Exhibit B to this resolution to the City. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute a Purchase and Sale Agreement with Arjangi for the purchase of a portion of the 5020 Snyder Lane property as shown in Exhibit A. BE IT FURTHER RESOLVED that it does hereby authorizes acceptance of real property from Arjangi for the purpose of a traffic signal at Snyder Lane and Keiser Avenue. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this approval for and on behalf of the City of Rohnert Park, including approval, if necessary, of the form of a grant deed, attached hereto as Exhibit B, subject to modifications by the City Manager or City Attorney, and execution of certificates of acceptance. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to issue a payment for the property in the amount of one hundred and eighty six thousand dollars ($186,000) plus any and all closing costs associated with escrow. DULY AND REGULARLY ADOPTED this 14th day of November, 2023. CITY OF ROHNERT PARK . 111P' amonr S : 'odriguez, Mayor ATTEST: Elizab h Machado, Assistant City Clerk Attachments: Exhibit A and Exhibit B ELW.ARD: "'"e GIUDICE: e SANBORN: At a HOLLINGSWORTH ADAMS: �l -1 RODRIGUEZ: T" G AYES:(C ) NOES: ( 0 ) ABSENT: ( ) ABSTAIN: ( ) Resolution 2023-082 Page 2 of 2 Exhibit A GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the day of 1300ba , 2023, by and between Morteza Arjangi, Trustee of the LMA a Revocable Living Trust dated February 20, 2008 (hereinafter referred to as "GRANTOR") and the CITY OF ROHNERT PARK, a body corporate and politic (hereinafter referred to as "GRANTEE"); RECITALS A. GRANTOR is the owner of a fee simple interest in the property located at 5020 Snyder Lane, Rohnert Park, California, County of Sonoma and identified as Assessor's Parcel Number 045-252-010 and described more thoroughly in Exhibit A attached hereto and incorporated herein by this reference. B. The Parties desire to enter into this Agreement to document the transfer of the fee title interest to the City of a portion of the above-described property, that portion of which is legally described and depicted in Exhibits B and C attached hereto and incorporated herein by this reference (the "Real Property"). That Real Property, together with any and all rights, title and interest held by GRANTOR in any easements, rights-of-way, privileges, rights and appurtenances, and improvements benefiting, appertaining or affixed to the Real Property, including, without limitation, any and all of GRANTOR's rights to access the Real Property from contiguous streets and roads (whether opened or proposed) on or abutting that Real Property, riparian rights, water or water rights, and/or oil, gas or other minerals laying under the Real Property, hereinafter collectively, the"PROPERTY." C. GRANTEE is undertaking the Keiser Avenue Reconstruction Project Phase 3 ("Project") and is seeking the acquisition of the PROPERTY for the Project. The Project will support the build out of GRANTEE's University District Specific Plan ("UDSP"), including the widening and reconstruction of Snyder Lane between Circulo Grande to the south and Crane Creek to the north. The Project also includes installation of underground utilities. D. On May 15, 2023, the GRANTEE provided GRANTOR with an offer to purchase the PROPERTY in connection with the Project as required by Government Code section 7267 in connection with a potential eminent domain action. E. GRANTOR has agreed to transfer to GRANTEE the PROPERTY under threat of eminent domain and a resolution of all of GRANTOR's claims that could have been raised or that could be asserted by GRANTOR in connection with the adoption of a Resolution of Necessity ("RON"), GRANTEE's filing of an eminent domain complaint, the transfer of the PROPERTY for the Project, the Project and its construction or in any future disputes, claims, or actions,relating to the transfer of the PROPERTY for the Project,the Project,or its construction. Page 1 of 11 4887-7008-9866 v 1 GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project F. The Parties desire to enter into this AGREEMENT to document the purchase and sale of the PROPERTY between GRANTOR and GRANTEE on all of the terms and conditions set forth in this AGREEMENT. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and GRANTEE hereby agree as follows: TERMS 1. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof. The performance of this Agreement constitutes the entire consideration for the conveyance of the PROPERTY and shall relieve GRANTEE of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed. 2. GRANTEE shall: A. Prior to the close of escrow, GRANTEE shall pay the sum of One Hundred Eighty-Six Thousand and No/100 Dollars (S186,000.00) ("Compensation") for the PROPERTY, as improved and identified in Exhibits B and C to this Agreement. The Compensation shall be deposited with First American Title Company("Title Company"), for the account of the GRANTOR, Escrow Number 5405-7029696, conditioned upon the PROPERTY vesting in GRANTEE free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and taxes and all restrictions of record. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. C. Have the authority to deduct and pay from the amount shown in Paragraph 2(A) herein, any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which the escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2(A) herein. Close of escrow for this transaction shall be contingent upon the Title Company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries, if any. D. GRANTEE may undertake an investigation("Due Diligence")of the PROPERTY prior to close of escrow. GRANTEE's Due Diligence may include, but not be limited to: i. A review, inspection and examination of the physical, geological and environmental condition of the PROPERTY. GRANTOR agrees GRANTEE may conduct reasonable geotechnical soil borings, test pits and other environmental tests of Page 2 of l 1 4887-7008-9866 v l GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project the PROPERTY when coordinated through the GRANTOR; ii. A review and investigation of the effect of any zoning, maps, permits, government agency approvals, reports, engineering data, regulations, ordinances, and laws affecting the PROPERTY and proposed utilization of the PROPERTY; iii. Conducting engineering analyses, studies and reports on the PROPERTY, as needed; iv. An appraisal of the PROPERTY(the"Appraisal"); v. A review of the feasibility of GRANTEE's proposed utilization of the PROPERTY;and vi. A site plan and title and survey investigation. E. If GRANTEE by and through its City Manager (or designee) disapproves of the results of any inspection, investigation, reports or Due Diligence Materials, GRANTEE may elect, on or prior to the last day of the Due Diligence Period,to terminate this AGREEMENT by giving GRANTOR written notification of its election. In the event GRANTEE fails to deliver written notice to GRANTOR of its disapproval of the PROPERTY prior to the conclusion of the Due Diligence Period, GRANTEE shall be deemed to have no objections to concluding the Due Diligence Period and shall be deemed to have accepted the PROPERTY as is. 3. GRANTOR shall: Prior to the payment of the amount identified in Paragraph 2(A) herein, execute the Grant Deed attached hereto and incorporated by reference herein as Exhibit D conveying from GRANTOR to GRANTEE a fee interest to the PROPERTY described in Exhibits "A" and "B"to the Grant Deed. The original signed Grant Deed shall be submitted to Title Company for recordation after execution and acceptance by GRANTEE. 4. Payment of Deed of Trust. GRANTOR warrants that there is no deed of trust for the PROPERTY. If the PROPERTY is secured by a mortgage(s)or deed(s)of trust, GRANTOR shall be responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR'S proceeds. Such amounts may include, but not be limited to,payments of unpaid principal and interest. 5. Mutual Indemnification. GRANTEE shall indemnify, defend and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses (including reasonable Attorneys' fees and costs), arising from the exercise of GRANTEE's rights under this Agreement, or work performed in connection with the PROJECT, excepting only such loss, damage or liability arising from GRANTOR's intentional acts or sole negligence. 6. Right of Possession. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the PROPERTY by GRANTEE, including the Page 3 of I I 4887-7008-9866 vl GRANTOR: Morteza Arjangi,Trustee APN: 045-252-010 Project Name: Keiser Reconstruction Project right to remove and dispose of improvements, and install, relocate or connect utilities shall commence on the date escrow closes, and that the amount shown in Paragraph 2(A) herein, includes, but is not limited to, full payment for such possession and use, including any and all damages relating to the Project and/or this transaction, if any, from and after said date. 7. No Leases. GRANTOR warrants that there are no oral or written leases on all or any portion of the PROPERTY exceeding a period of one month, and GRANTOR further agrees to hold GRANTEE harmless and reimburse GRANTEE for any and all of its losses and expenses occasioned by reason of any lease of the PROPERTY held by any tenant of GRANTOR for a period exceeding one month. 8. Ouitclaim Deeds. As a condition precedent to approval of this Agreement by GRANTEE's City Council or authorized designee, Quitclaim Deeds or similar releases sufficient to clear from the PROPERTY any possessory rights which might interfere with GRANTEE's use of the PROPERTY will be required. It shall be the GRANTOR'S responsibility to secure said Quitclaim Deeds or releases. GRANTEE agrees to assist GRANTOR in securing said Quitclaim Deeds or releases. 9. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 10. Gender, Number. As used herein, the singular shall include the plural and the masculine shall include the feminine, wherever the context so requires. 11. Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 12. Headings. The captions and paragraph and subparagraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 13. Modification. Waiver. No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties. 14. No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations. statements, warranties or agreements other than those expressed herein. Page4 of11 4887.7008-9866 vl GRANTOR: Morteza Arjangi,Trustee APN: 045-252-010 Project Name: Keiser Reconstruction Project 15. Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. Specific Performance and Other Remedies. The parties understand that the interests and rights being conveyed by this Agreement are unique and for that reason, among others, the parties will be irreparably damaged in the event that this Agreement is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this Agreement, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive and shall be in addition to any and all other remedies which the parties may have hereunder at law or in equity. 17. Acquisition by Stipulated Judgment in Lieu of Deed. In the event GRANTOR is unable to deliver title to the PROPERTY in a reasonable time in accordance with the terms of this AGREEMENT, as determined by GRANTEE at its sole and complete discretion,or in the event this AGREEMENT is terminated as a result of any default by GRANTOR,GRANTEE may, if the governing City Council duly decides to do so in compliance with the California eminent domain law, file an action in eminent domain to pursue the acquisition of the PROPERTY. GRANTOR agrees to waive all claims and defenses to such an action and agrees that, at GRANTEE's election and in its sole and unfettered discretion, this AGREEMENT shall constitute a stipulation which may be filed in such action as final and conclusive evidence of just compensation for the acquisition, including all of the items provided in Chapter 9, Title 7 of the Code of Civil Procedure commencing with Section 1263.010. The provisions of this Section shall survive any termination of this AGREEMENT. 18. Successors. All terms of this Agreement shall be binding upon, inure to the benefit of,and be enforceable by the parties hereto and their respective heirs, legal representatives, successors,and assigns. 19. Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 20. Attorney's Fees. Should any litigation be commenced between the parties to this Agreement concerning the sale or the rights or duties of the parties in relation thereto,the party prevailing in such litigation shall be entitled, in addition to such other relief as may be provided by this Agreement,to a reasonable sum as and for attorney's fees in such litigation, or in a separate action brought for that purpose. Page 5 of 4887-7008-9866 v1 GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project Such litigation shall be brought in the Superior Court of California,County of Sonoma. 21. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any party may change its address for purposes of this section by giving the other parties written notice of the new address in the manner set forth above. GRANTEE: City of Rohnert Park Public Works Department Vanessa Garrett, PE Director of Public Works 600 Enterprise Drive Rohnert Park,CA 94928 GRANTOR: Morteza Arjangi,Trustee 5020 Synder Lane Rohnert Park,CA 94928 22. No Real Estate Commissions. Each party represents and warrants to the other that it has not engaged or dealt with any broker or finder in connection with this transaction, has not acted in a way that would entitle any such brokers or finders to any commission, and it shall defend, indemnify and hold the other party harmless from all claims, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to any assertion by any broker or finder contrary to the foregoing representations and warranties where the same is based upon the acts or alleged acts of the indemnifying party. 23. Electronic, Facsimile & Counterpart Copies of Agreement Valid and Hindine for Preliminary Purpose. GRANTEE and GRANTOR agree that any electronic or facsimile copy of this Agreement or counterpart copies, including all attachments, signatures and initials appearing thereon, shall be valid and binding on GRANTOR for purposes of presentation of the Agreement to GRANTEE's governing board for approval, but that all such copies shall be replaced prior to close of escrow by a fully executed original which shall be delivered to and kept in the official records of GRANTEE. Page 6 of 11 4887-7008.9866 vl GRANTOR: Morteza Arjangi,Trustee APN: 045-252-010 Project Name: Keiser Reconstruction Project 24. Approval of GRANTEE. GRANTOR understands that this Agreement is subject to the approval of GRANTEE's Council or authorized designee and that this Agreement shall have no force or effect unless and until such approval has been obtained. 25. Authority to Sign. GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR'S signatories to this Agreement are authorized to enter into this Agreement and that no other authorizations are required to implement this Agreement on behalf of GRANTOR. The parties agree that written evidence of such authorization shall be submitted by each party to the other party prior to the close of escrow. 26. Counterparts Signature. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. GRANTEE: GRANTOR: CITY OF ROHNERT PARK Morteza Arjangi,Trustee of the LMA a A California Municipal Corporation Revocable Livin Trust dated February 20,2008 By: By: L /( Marcela Piedra, City Manager o gi, rustee Date: /0 — 3 v —Z I) 7 APPROVED AS TO FORM APPROVED BY THE CITY ATTEST:CITY CLERK CITY ATTORNEY APPROVED COUNCIL By: Date: Michelle Marchetta Kenyon By: Processed By: Sylvia Lopez Cuevas Date: Page 7 of 1 1 4887-7008-9866 vI GRANTOR: Morteza Arjangi,Trustee APN: 045-252-010 Project Name: Keiser Reconstruction Project EXHIBIT A LEGAL DESCRIPTION Real property in the unincorporated area of the County of Sonoma, State of California,described as follows: BEING A PORTION OF THE LAND OF DAVID,JAMES C.AND WILLIAM B. RISK,AS SHOWN ON THE MAP OF SUBDIVISION #9,COTATI RANCHO, SECTION 19,TOWNSHIP 6 NORTH, RANGE 7 WEST, M.D.M., FILED DECEMBER 22, 1899 IN BOOK 12 OF MAPS, PAGE 19,SONOMA COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE MARKED 21 AND 22 AT THE NORTHWEST CORNER OF THE PARCEL OF LAND CONVEYED BY J. AVLONMIS TO A.].GOVAN BY DEED RECORDED OCTOBER 25, 1945 IN BOOK 654 OF OFFICIAL RECORDS, PAGE 52, RECORDER'S SERIAL NUMBER C2889,SONOMA COUNTY RECORDS; THENCE NORTH 89° 15'EAST ALONG SAID GOVAN'S NORTH LINE 460 FEET TO A POINT;THENCE SOUTH PARALLEL TO SAID GOVAN'S WEST LINE 150.5 FEET TO A POINT;THENCE SOUTH 89° 15' WEST 235 FEET TO A POINT;SOUTH 80 FEET TO A POINT;SOUTH 89° 15'WEST 225 FEET TO A POINT IN THE WEST LINE OF SAID LANDS OF GOVAN;THENCE NORTH ALONG SAID GOVAN'S WEST LINE 230.5 FEET TO THE POINT OF BEGINNING. APN:045-252-010-000 Page%nt I 4887-7008-9866 vl GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project EXHIBIT B EXHIBIT'A' LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION Lying within the unincorporated area of County of Sonoma,State of California,and being a portion of the lands of Mortva Arjangi,Trustee of the LMA a Revocable Living Trust,dated February 20,2008,as described by Grant Deed recorded under Document Number 2008-095989,Sonoma County Records,said portion is more particularly described as follows: All the:real property lying westerly of the following described line: COMMENCING at the intersection of the easterly right-of-way of Snyder Lane with the westerly common corner of said lands of LMA Trust and the lands of Irene Michell as described by Grant Deed recorded under Document Number 20 1 9-03 3 739,Sonoma County Records;thence leaving said easterly tight-of-way and said oorrtmon comer, along the common boundary of said lands of LMA Trust and said lands of Michell, North 89'24'49"East 38.00 feet to the POINT OF BEGINNING of the herein described line;theme leaving said common boundary,parallel with said easterly right-of-way, North 0°09'13"East 230.50 feet to the northerly boundary of said lands of LMA Trust and the POINT OF TERMINUS of the herein described line. Containing g,759 square feet,more or less. END OF DESCRIPTION Being a portion of APN 045-252-010 Prepared by Cinquini& Pasanno,Inc. mlaony G. any .S.8614 I g �. �i�I Dote `17�\n'M}0.0....Opl'�e UtUF Page 9 of I I 4887-7008-9866 vl GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project EXHIBIT C EXHIBIT 'B' COUNTY OF SONOMA is/ ,-1 3 4' — itt SB9'24 49'A P. NEISER AVE 3e.Od SITE 1 j‘,._PgNT DF TETANUS 1 ' - .4- / 20. V/ , I R/W DEDICATION KCAL CENTER DR i U , .—/ AREAS 87693 SF NO ES MAP C ALE ' /j LEGEND V////////.I RIONT-OF-WAY DEDICATION AREA / k\\\ \\\' / RICNT-OF-WAY DEDICATION AREA — — — (BY SEPARATE DEDICATION y�� DESCRIBm R/p pEDICArION LINE if J — PoONT-OF-WAY i, ' n — — ROADWAY CENTERLINE / /// c' -- ADJACENT PROPERTY UNE ;J/ '.]]]W,1 DN DOCINENT NUMBER /// I a SF SQUARE FEET / p R/w RIGNT—OF—WAY I ///./ Z ANDS OF BASIS OF BEARINGS WA TRUST THE BASS OF BEARINGS FOR INS j�'I -APN 045-252-010 BURLEY IS 1HE CAUFOBNIA COORDINATE !// DN 2008-095989 SYSTEMzon.00. ZONE IL HAD 83. MOOT LOCALLY 2011.00 AS DE7F1t1Nw♦ED LOCALLY BY A uNE BETWEEN CORDNUOUS GLOBAL j POSFIONNO SYSTi]d (COPS) STATION P198 AND STATION P197; SONG NOiTN GEODETIC VALUES PUBUSFED BY THE I CAUFORNA SPATTAL REFERENCE CENTER20' / (C9RCX t 1 POINT OF PONT C l y-BECINIUNG • Np'24'4B'E LADS OF I�\ \ MICHELL 4,__ \I\\� \ APN 045-232--011 DN 201 9-033 736 f_; CDi-una & PAISARING. INC. THIS DIAGRAM IS FOR GRAPHIC PURPOSES LAND SURVEYING ONLY. ANY ERRORS OR OMFSSONB SHALL BOUNDARY 1360 No. Dutton Avs. NOT AFFECT THE LEGAL DESCIEPTK7N. a TOPOGRAPHIC Salto Rosa. Co. 95401 iA a CONSTRUCTION Rhone (707) 542-6268 3; a SUBDIN SIGNS For (707) S42-2106 An' 19WW.CINQ TAMP ASS ARINO.COM „y at. JOB NAYS KEISER AVE RECONSTRUCTION DRAWIN BY:AM 01ECIQD BY:AOC -SCALE' 1..40' "It: 9/19/22 -' DESCJBPTION: RQlT-OF-WAY DEDICATIONNJoe # 9687-22 PAGE: 2 OF 2 N: • LANDS OF UTA TRUST Page 10 of I 1 4887.7008-9866 vI GRANTOR: Morteza Arjangi,Trustee APN:045-252-010 Project Name: Keiser Reconstruction Project EXHIBIT D GRANT DEED Page II of 11 4887-7008-9866 vl A PN: 045-252-0 I 0-00 CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by that certain GRANT DEED dated from, to the City of Rohnert Park, a California municipal corporation, is hereby accepted by order of the of said on and Grantee consents to recordation thereof by its duly authorized officer. Dated APPROVED AS TO FORM APPROVED BY THE CITY COUNCIL ATTF.S"I: By: Date: City Attorney Processed By: By: Date: 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 • 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 County of J} 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(les),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 and/or Stamp Above Signature of Notary Public OPTIONAL -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer —Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner — 0 Limited ❑ General • ❑ Individual o Attorney in Fact ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: 2017 National Notary Association 5 Exhibit B Recording Requested by: City of Rohnert Park Department of Public Works WHEN RECORDED MAIL TO: City of Rohnert Park Attention: Vanessa Marie Gannett Director of Public Works 600 Enterprise Drive Rohnert Park, CA 94928 APN: 045-252-010-00 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from the payment of a recording fee pursuant to Government Code§27383 and§6103,and exempt horn Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,Morteza Arjangi,Trustee of the LMA Revocable Living Trust,dated February 20,2008,hereby GRANT(S)to the City of Rohnert Park,a municipal corporation the real property in the County of Sonoma, State of California as described as: SEE EXHIBIT "A"and "B"ATTACHED HERETO AND MADE A PART HEREOF This deed is hereby accepted by the City of Rohnert Park as disclosed by the attached Certificate of Acceptance by its City Council and attested thereto by the City Clerk. DATED: tr -- Morteza Arjangi,Trustee of the LMA a Revocable Living rust,dated February 20,2008 BY: I l rt rjangi,T ee 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public o r other officer completing this certificate verifies only the identity of the ind iv id ual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of (5i b(Y&OI J}On O (� ^n ��t, ?& d jL�t?D2�j before me, 1 "9 `�'� (1,_� l k Date Here Insert flame and Title of the Officer personally appeared wok2-6\ ilsoona � Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(Ste re subscribed to the within Instrument and acknowledged to me that�ie//he/they executed the same Ilier/thelr authorized capaclty(les),and that by(i)'lher/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 s" DOUG LEE laws of the State of California that the foregoing COMM.82392841 m paragraph is true and correct. •\ii" � NOTARY PUBLIC CALIFORNIA ,'� I:wr� soNow,couNTr r WITNESS my hand and 0-cial seal. fir,'' _ Irl'Ca1nn.E>* tl.F 01.2aie ( Signature Place Notary Seal and/or Stamp Above • • Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Sipner(s) Signer's Name: Signer's Name: D Corporate Officer—TItle(s): 0 Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General 0 Partner— ❑ Limited 0 General ❑ IndNldual 0 Attorney In Fact ❑ Individual ❑ Attorney In Fact O Trustee o Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: 0 Other: Signer Is Representing: Signer is Representing: C2017 National Notary Association 3 EXHIBIT 'A' LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION Lying within the unincorporated area of County of Sonoma,State of California, and being a portion of the lands of Morteza Arjangi,Trustee of the LMA a Revocable Living Trust,dated February 20,2008,as described by Grant Deed recorded under Document Number 2008-095989, Sonoma County Records, said portion is more particularly described as follows: All that real property lying westerly of the following described line: COMMENCING at the intersection of the easterly right-of-way of Snyder Lane with the westerly common corner of said lands of LMA Trust and the lands of Irene Michell as described by Grant Deed recorded under Document Number 2019-033739, Sonoma County Records;thence leaving said easterly right-of-way and said common corner, along the common boundary of said lands of LMA Trust and said lands of Michell, North 89°24'49"East 38.00 feet to the POINT OF BEGINNING of the herein described line;thence leaving said common boundary,parallel with said easterly right-of-way, North 0°09'13"East 230.50 feet to the northerly boundary of said lands of LMA Trust and the POINT OF TERMINUS of the herein described line. Containing 8,759 square feet,more or less. END OF DESCRIPTION Being a portion of APN 045-252-010 Prepared by Cinquini&Passarino, Inc. LPL L;1,p �i� QNV G. QG9 1 ff/?p•23 JAnthony G. quini .S. 8614! x/� rr 4 Date %Q��� �FCAOI Cinquini&Passarino,Inc. CPI No.:9687-22 1360 North Dutton Avenue,Suite 150 Tel:(707)542-6268 Fax:(707)542-2106 Santa Rosa,CA 95401 Page 1 of 2 www.cinquinipassarino.com EXHIBIT `B' COUNTY OF SONOMA L I---lal S89'24'49W KEISE_R AVE3800' l � POINTINU OFS =< TERM 4- J I_� H w 20' MEDICAL CENTER DR a J R/W DEDICATION AREA: 8759t SF SITE MAP NO SCALE LEGEND I 1/////////2 RIGHT-OF-WAY DEDICATION AREA \\\ \\` \`{ RIGHT-OF-WAY DEDICATION AREA Z //.1 (BY SEPARATE DOCUMENT) — — —• DESCRIBED R/W DEDICATION UNE �i ��,� • — — — RIGHT-OF-WAY ci M - -- ROADWAY CENTERLINE a ADJACENT PROPERTY LINE w DN DOCUMENT NUMBER n SF SQUARE FEET p R/W RIGHT-OF-WAY 5ir / z / LANDS OF BASIS OF BEARINGS I LMA TRUST THE BASS OF BEARINGS FOR THIS APN 045-252-010 SURVEY IS THE CAUFORNIA COORDINATE DN 2008-095989 SYSTEM. ZONE II, NAD 83, EPOCH /` 2011.00 AS DETERMINED LOCALLY BY A UNE BETWEEN CONTINUOUS GLOBAL POSITIONING SYSTEMS (CGPS) STATION P198 AND STATION P197; BEING NORTH 3618'54' WEST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CAUFORNIA SPATIAL REFERENCE CENTER 20' i (CSRC). / POINT OF POINT OF ` ; ! BEGINNING COMMENCEMENT I N89'24'49'E 30.00' I \ LANDS OF \ \ MICHELL b 1 \ \\ APN 045-252-011 p \ \\ I DN 2019-033739 4:11'1)-- \ N. \ 1 n g / CITTQUINI FAPASSARINO, INC. LAND SURVEYING � , 1HIS DIAGRAM IS FOR GRAPHIC PURPOSES � !h,)"/ 0 ONLY. ANY ERRORS OR OMISSIONS SHALL Zs BOUNDARY 1360 No. Dutton Ave. io NOT AFFECT THE LEGAL DESCRIPTION. ® TOPOGRAPHIC Santa Rosa, Ca. 95401 A CONSTRUCTION Phone: (707) 542-6268 ai I A SUBDIVISIONS Fax: (707) 542-2106 4, WWW. CINQUINIPASSARINO.COM N o 40 80 JOB NAME: KEISER AVE RECONSTRUCTION DRAWN BY:AJD CHECKED BY:AGO RS �� SCALE: 1`-40' DATE: 9/19/22 3 DESCRIPTION: LANDS OF LMA TRUST JOB it 9687-22 PAGE: 2 OF 2 APN: 045-252-010-00 CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code Section 27281,this i to certify that the interest in real property conveyed by that certain GRANT DEED dated 1 C) ei� from,to the City of Rohncrt Park, a California municipal corporation, i hereby accepted by order of the of said on and Grantee consents to recordation thereof by its duly authorized officer. Dated l 0-- 3a, ? D Z2 / , if APPROVED AS TO FORM APPROVED BY THE CITY COUNCIL ATTEST: By: Date: City Attorney Processed By: By: Date: 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 County of Lit larA-cl l (�j On Ot `*k( —V iv2 before me, \dp 1 I ���'( e Date I (� Here Insert Name and Title of the Officer n\` 'personally appeared t(��1 kfryf161 Name(s)of Signe,(s/ who proved to me on the basis of satisfactory evidence to be the person(s)whose names are subscribed to the within instrument and acknowledged to me that e/ /they executed the same Inli Vher/thelr authorized capacity(les),and that by Is er/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)a d.executed the Instrument. DOUG LEE I certify under PENALTY OF PERJURY under the ?': COMM.112392841 331 laws of the State of California that the foregoing CC -�'L., NOTARY IC_cuiroa++w paragraph is true and correct W `.j•.„,1 $ONOM COUNTY NO,cew, F wfob.a.xma WITNESS my hand and official seal. f Signature — Place Notary Seal and/or Stamp Above S n re of Notary Public OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les)aeimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer Is Representing: C2017 National Notary Association 5 Recording Requested by: City of Rohnert Park Department of Public Works WHEN RECORDED MAIL TO: City of Rohnert Park Attention: Vanessa Marie Gannett Director of Public Works 600 Enterprise Drive Rohnert Park,CA 94928 APN: 045-252-010-00 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from the payment of a rung fee pursuant to Govemment Code§27383 and§6103,and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Morteza Arjangi,Trustee of the LMA Revocable Living Trust,dated February 20, 2008, hereby GRANT(S)to the City of Rohnert Park,a municipal corporation the real property in the County of Sonoma, State of California as described as: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF This deed is hereby accepted by the City of Rohnert Park as disclosed by the attached Certificate of Acceptance by its City Council and attested thereto by the City Clerk. DATED: I (7— cjU — Zv 2 3 Morteza Arjangi,Trustee of the LMA a Revocable Living Trust,dated February 20,2008 BY: j� 74-, 4/411 i M ,pza�lrjaaigi,Trust 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 County off ,,, fPft"fl1 DOn U}��```VV2 c z)V3 before me, )IbM Date /1� ty re Insert Name and Title of the Officer � personally appeared 1>, �o( \e anp. Name(s)o igncY's) who proved to me on the basis of satisfactory evidence to be the person(s)whose names�57are subscribed to the within Instrument and acknowledged to me that Inehe/they executed the same In Qher/their authorized capaclty(ies),and that by is/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)ac ed,executed the Instrument. I certify under PENALTY OF PERJURY under the DOUG LEE laws of the State of California that the foregoing �!;� t paragraph Is true and correct. tV \Y' !- NnCOMM.Ot2992841 m TMY Pr1BUC-CKIFORMA a) ypY WITNESS my hand and fflci I seal. COLIP MY Cnrwl.Uplift Fab.04,mte Signature / . - Place Notary Seal and/or Stomp Above Trjagfirre of Notary Public OPTIONAL -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document. Document Date: Number of Pages: SIgner(s) Other Than Named Above. Capacity(les)Claimed by SIgner(s) Signer's Name: Signer's Name: ❑Corporate Officer- Title(s): ❑Corporate Officer-Titie(s) ❑ Partner- o Limited o General ❑ Partner- 0 Limited ❑ General o Individual ❑ Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Trustee 0 Guardian of Conservator ❑ Other: o Other: Signer Is Representing: Signer is Representing: V2017 National Notary Association 3 EXHIBIT 'A' LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION Lying within the unincorporated area of County of Sonoma, State of California, and being a portion of the lands of Morteza Arjangi,Trustee of the LMA a Revocable Living Trust,dated February 20, 2008, as described by Grant Deed recorded under Document Number 2008-095989, Sonoma County Records, said portion is more particularly described as follows: All that real property lying westerly of the following described line: COMMENCING at the intersection of the easterly right-of-way of Snyder Lane with the westerly common corner of said lands of LMA Trust and the lands of Irene Michell as described by Grant Deed recorded under Document Number 2019-033739, Sonoma County Records;thence leaving said easterly right-of-way and said common corner, along the common boundary of said lands of LMA Trust and said lands of Michell, North 89°24'49" East 38.00 feet to the POINT OF BEGINNING of the herein described line; thence leaving said common boundary,parallel with said easterly right-of-way, North 0°09'13"East 230.50 feet to the northerly boundary of said lands of LMA Trust and the POINT OF TERMINUS of the herein described line. Containing 8,759 square feet,more or less. END OF DESCRIPTION Being a portion of APN 045-252-010 Prepared by Cinquini & Passarino, Inc. 4' P. Anthony G. quini,1 ..S. 8614 ! � G ,- Date 4.1.k, er aFcAL‘ . Cinquini&Passarino,Inc. CPI No.:9687-22 1360 North Dutton Avenue,Suite 150 Tel:(707)542-6268 Fax:(707)542-2106 Santa Rosa,CA 95401 Page 1 of 2 www.cinquinipassarino.com H' /may/ COUNTY OF SONOMA EXHIBIT ' i re I S8974.49'W KEISER AVE 38.00' srrE I POINT OF TERMINUS 4_ < I 38r , ,. r—� 4.1 20' MEDICAL CENTER DR a 'j R/W DEDICATION AREA: 8759t SF SITE MAP NO SCALE LEGEND ///f/////A RIGHT—OF—WAY DEDICATION AREA ` i\\\\\�\ - GHT—OF—WAY DEDICATION(BY SEPARATE DOCUMENT) AREA 2 —• — — DESCRIBED R/W DEDICATION UNE 2 1 I — — — RIGHT—OF—WAY o 6 ROADWAY CENTERUNE N NI PROPERTY UNE I 3 / .•'' DN DOCUMENT NUMBER / P j F,c; SF SQUARE FEET p R/W RIGHT—OF—WAY / LANDS OF BASIS OF BEARINGS LMA TRUST THE BASIS OF BEARINGS FOR THIS APN 045-252-010 SURVEY IS THE CAUFORNIA COORDINATE DN 2008-095989 SYSTEM,11.00ZONE II,E NADMIN 83, EPOCH 2011.00 AS DETERMINED LOCALLY BY A / UNE BETWEEN CONTINUOUS GLOBAL POSITIONING SYSTEMS (CGPS) STATION P198 AND STATION P197; BEING NORTH Mil 8'54- WEST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CAUFORNIA SPATIAL REFERENCE CENTER 20 (CSRC). POINT OF POINT OF A BEGINNING COMMENCEMENT I N8974'49'E 38.00 \ LANDS OF \ �\ MICHELL i I \ \ APN 045-252-011 v. �\\ \ ON 2019-033739 -4- S r\\\\\ \ i 1 n �� ‘i _..4*",),. CINQUINI 8e PASSARINO, INC. o' \ ' LAND SURVEYING THIS DIAGRAM IS FOR GRAPHIC PURPOSES BOUNDARY 1360 No. Dutton Ave. m ONLY. ANY ERRORS OR OMISSIONS SHALLza e NOT AFFECT THE LEGAL DESCRIPTION. A TOPOGRAPHIC Santa Rosa, Co. 95401 ON " A CONSTRUCTION Phone: (707) 542-6268 —+ 1 A SUBDIVISIONS Fax: (707) 542-2106 i I WWW. CINQ UINIP AS S ARINO.COM JOB NAME: KEISER AVE RECONSTRUCTION DRAWN BY:AJD CHECKED BY:AGO i ' , SCALE: 1•.40' DATE_ 9/19/22 —" DESCRIPTION: RIGHT—OF—WAY DEDICATION F LANDS OF LMA TRUST JOB it 9687-22 PAGE: 2 OF 2 APN: 045-252-010-00 CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by that certain GRANT DEED dated from,to the City of Rohnert Park, a California municipal corporation, is hereby accepted by order of the of said on and Grantee consents to recordation thereof by its duly authorized officer. Dated f 3e2 Z 672 APPROVED AS TO FORM APPROVED BY THE CITY COUNCIL ATTEST: By: Date: City Attorney Processed By: By: Date: 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary pu blic 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 County off4�,,/ Stnaer`a 1} {nI /� �y On S )G �" 3�L �Z� before me, V�CI W, k l S k Dore ` Here Insert Name and Title of the Officer personally appeared 1 Na )o%p[p}Signer's) who proved to me on the basis of satisfactory evidence tqQ be the person(s)whose name(sigibre subscribed to the within instrument and acknowledged to me that 11he/they executed the same in s her/their authorized capacity(les),and that by�her/thelr 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 DQUG LEE laws of the State of California that the foregoing COMM.82392841 m paragraph is true and correct. Pam it v!OUC-Cx5oruu ``- ?!, SON fin' "' WITNESS my hand and •fficia seal. y _ , . ray caw..b�wPw Ya yzme Signature ��%ti/4 Place Notary Seal and/or Stamp Above W / je of Notary Public OPTIONAL — Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les)Claimed by Signer(s) Signer's Name: Signer's Name: Li Corporate Off cer—Title(s): O Corporate Officer—Title(s): o Partner— 0 Limited ❑ General 0 Partner— o Limited 0 General O Individual ❑ Attorney in Fact ❑ individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02017 National Notary Association 5