2024/01/23 City Council Resolution 2024-006RESOLUTION NO. 2024-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND ACCEPTING A GRANT OF SUBSURFACE UTILITY LINE
EASEMENT AGREEMENT WITH 310 PROFESSIONAL CENTER DR. LLC, FOR THE
DEVELOPMENT LOCATED AT 310 PROFESSIONAL CENTER DRIVE
WHEREAS, on September 9, 2021, the Planning Commission of the City of Rohnert
Park adopted its Resolution 20221-16 approving a Site Plan and Architectural Review for a
commercial business located at 310 Professional Drive (the "Project"); 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 requires grant of easement to the City for their facilities; and
WHEREAS, the City and the Project owner, 310 Professional Center Dr. LLC, desire to
establish an appropriate formal easement for the subsurface utility line for the benefit of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Grant of Subsurface Utility Line Easement Agreement
attached as Exhibit A incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Grant of Subsurface Utility Line Easement Agreement, in substantially
similar form to Exhibit "A," subject to modifications approved by the City Manager and City
Attorney, and to take all actions to effectuate this agreement, including executing a Certificate of
Acceptance accepting the Grant of Subsurface Utility Line Easement.
DULY AND REGULARLY ADOPTED this 23`d day of January, 2024.
ATTEST:
Elizabeth Machado, Assistant City Clerk
Attachments: Exhibit A
CITY OF ROHNERT PARK
0�
Susan H. Adams, Mayor
ELWARD: a RODRIGUEZ: PS4 SANBORN: C-Je GRIDICE: LlTZ ADAMS: 4
ATES: (S 1 NOES: (,A I ABSENT: ( 95) ABSTAIN: (t6 )
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 SUBSURFACE UTILITY LINE EASEMENT AGREEMENT
This SUBSURFACE UTILITY LINE EASEMENT AGREEMENT (this "Agreement")
is made and entered into effective as of this ; -(Aday of , a n ,Xc_f , 201-4 by and
between 310 Professional Center Dr. LLC, a California limited liability c npany (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 at 310 Professional
Center Drive in the City of Rohnert Park, County of Sonoma, State of California, as more
particularly described as Assessor's Parcel Number (APN) 143-490-022 (the "Property"),- and
B. The Grantor is granting to the Grantee the easement described herein so that the
Grantee can maintain power for the existing streetlight on Professional Center Drive. The
existing subsurface electrical line serving the streetlight extends across the Grantor's property to
an existing transformer; 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" and graphically depicted in Exhibit `B" (the "Easement Area"),
for the purpose of a subsurface utility 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 subsurface utility line purposes on the Property (the "Easement"), together with all necessary
OAK 44822-1985-9231 v]
City as Grantee
4892-7963-9443 v1
and convenient means of ingress and egress to and from said Easement at all times, on the terms
and conditions set forth herein.
For the purposes of this Agreement, the right to use the Easement Area for subsurface
utility line purposes 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 existing streetlight electrical connection.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than as a subsurface utility 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, permittees, 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.
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City as Grantee
4892-7963-9443 vl
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.
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 Agrreement. 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: Y/61 !i ; }S:c:Jlf(i 6,x� A4-. L't, e,
Attn: Ake ,4
Phone: ?C —
Email: !! //0, /1 e,, L° t/t c' P� e4m
OAK#4822-1985-9231 vl
City as Grantee
4892-7963-9443 vl
With a copy to:
Attn:
Phone:
Email:
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@rpeity.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.
OAK#4822-1985-9231 vl 4
City as Grantee
4892-7963-9443 v1
[Signatures on the Following Page]
OAK#4822-1985-9231 vl
City as Grantee
4892-7963-9443 v1
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:
ACKNOWLEDGEMENT
AI
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 OVACA� )
On before me, �owy\ C-Ncx`e-!5 1
Name And Title bf mcer (e g. "Jane Doe, tr
Public")
Personally appeared �_ �rL��r Cc ro ,
Name ofSiguer(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. *my
Notary PublDAWN RAVEfornia
Sonoma CountyCommission M 243520
Comm. Exrires Sep 17, 202G
1� U L(4
Signature of Notary Publip
OAK 44822-1985-9231 v1
City as Grantee
4892-7963-9443 vl
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, ,
Datc Name And Title Of Officer (c.g. "Jane Doc, Notary Public")
Personally appeared
Name of Sig.er(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 EAL)
OAK #4822-1985-9231 v1 7
City as Grantee
4892-7963-9443 v1
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the GRANT OF
SUBSURFACE UTILITY EASEMENT AGREEMENT, dated
from 310 PROFESSIONAL CENTER DR LLC, to CITY OF ROHNERT PARK, a
municipal corporation of the State of California ("City"), is hereby accepted by the City
Manager on behalf of the City pursuant to authority conferred by Resolution No. ,
dated , and the City consents to recordation thereof by its duly
authorized officer.
Date: 2023 CITY
CITY OF ROHNERT PARK
, City Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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
On this day of , 20_, before me, , a Notary
Public in and for the State of California, personally appeared
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 the day and year first above written.
NOTARY
OAK 94822-1985-9231 v1 8
City as Grantee
4892-7963-9443 v1
EXHIBIT A & B
LEGAL DESCRIPTION AND PLAT
OAK#4822-1985-9231 vl
City as Grantee
4892-7963-9443 vl
Exhibit A
Subsurface Utility Line Easement
Being an easement 5.00 feet wide over the Lands of 310 Professional Center Dr LLC, a California
limited liability company as described by that certain Grant Deed recorded on July 31, 2020, under
Document Number 2020-064404, Sonoma County Records, and said lands also being Lot 1 as
shown on that certain map titled "Rohnert Park Parcel Map No. 140" fled September 13, 1991, in
Book 480 of Maps, pages 28-30, Sonoma County Records; said easement being 2.50 feet on each
side of the centerline described as follows:
Commencing at a 2-1/2" brass disk with punch in a standard street well monument casing marking
the center line of Professional Center Drive as shown on that certain map titled "Rohnert Park
Parcel Map No. 140" filed September 13, 1991, in Book 480 of Maps, pages 28-30, Sonoma
County Records, and from which a 2-1/2" brass disk with punch in a standard street well
monument casing marking said centerline bears S 64°20'59"W, 392.00 feet, as shown on said map;
thence S 73°39'00"W 185.63 feet to the southerly line of Lot 1 as shown on said map, and also
being the Point of Beginning of the herein described centerline; thence from said Point of
Beginning, N 12°30'00" W, 185.63 feet, to the southerly line of that certain easement granted to
Pacific Gas & Electric Company as described by that Notice of Final Description For Easement
recorded January 29, 1996, under Document Number 1996-0007588, Sonoma County Records,
and the terminus of said centerline description.
Side lines of said easement shall be lengthened or shortened to terminate on the southerly line of
Lot 1 as shown on that certain map titled "Rohnert Park Parcel Map No. 140" filed in Book 480
of Maps, pages 28-30, Sonoma County Records, and the southerly line of that certain easement
granted to Pacific Gas & Electric Company as described by that Notice of Final Description For
Easement recorded January 29, 1996 under Document Number 1996-0007588, Sonoma County
Records.
Affecting 928 square feet, more or less, of Assessor's Parcel Number 143-490-022.
Basis of Bearings S 64020159" W being the bearing between brass disk monuments marking the
centerline of Professional Center Drive as shown on that certain map titled "Rohnert Park Parcel
Map No. 140" filed in book 480 of Maps, pages 28-30, Sonoma County Records.
Prepared by: Gt...
aron R. Smith, PLS 7901
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Exhibit B
Point A" per
LPL DN 1996-0007588 /
Investments; LLC W
APN 143-490-020
DN 2014-044139 N o /- — 4-
Lot 1 / S 64 57 50" W
467 Mops 39-41 " N ,
P P.G.dc E. Easement
DN 1996-0007588 I
S 64 20 59" W / I I
10.00'
L3�1 , L1 S 885677" W 18.0E I
\ L2 S 3133'20" W 49.7i
10' Private Storm_
Drain Easement
480 Maps 28-30
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928 sq. ft.
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141z-�d=8054 55"
---S 642059" W 95.18' L=35.31'
P.O. C.
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N 642059" E J92. 00'
Basis of Bearings
Professional Center Drive
pk LAN%6N�
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No. L 7901
27' Private Ingress/Egress
7�C Easement Per 480 Maps 28-30
and per DN 1994-0022148
13.5' Private Ingress/Egress
Easement Per 480 Maps 28-30
and per DN 1994-0022148
Aron R. Smith, PLS 7901
Legend:
P.O.B. Point of Beginning
P.O.C. Point of Commencement
Found 2 112" Brass Disk
in Well Monument Casing
Subsurface UU ty
Line Easem en t
r` adobe associates, inc.
' civil engineering I land sun-ging I wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
I Job No. 20204—(SJM) Affecting APN 143-490-022
August 22, 2023
Exhibit A
Subsurface Utility Line Easement
Being an easement 5.00 feet wide over the Lands of 310 Professional Center Dr LLC, a California
limited liability company as described by that certain Grant Deed recorded on July 31, 2020, under
Document Number 2020-064404, Sonoma County Records, and said lands also being Lot 1 as
shown on that certain map titled "Rohnert Park Parcel Map No. 140" filed September 13, 1991, in
Book 480 of Maps, pages 28-30, Sonoma County Records; said easement being 2.50 feet on each
side of the centerline described as follows:
Commencing at a 2-1/2" brass disk with punch in a standard street well monument casing marking
the center line of Professional Center Drive as shown on that certain map titled "Rohnert Park
Parcel Map No. 140" filed September 13, 1991, in Book 480 of Maps, pages 28-30, Sonoma
County Records, and from which a 2-1/2" brass disk with punch in a standard street well
monument casing marking said centerline bears S 64°20'59"W, 392.00 feet, as shown on said map;
thence S 73°39'00"W 185.63 feet to the southerly line of Lot 1 as shown on said map, and also
being the Point of Beginning of the herein described centerline; thence from said Point of
Beginning, N 12°30'00" W, 185.63 feet, to the southerly line of that certain easement granted to
Pacific Gas & Electric Company as described by that Notice of Final Description For Easement
recorded January 29, 1996, under Document Number 1996-0007588, Sonoma County Records,
and the terminus of said centerline description.
Side lines of said easement shall be lengthened or shortened to terminate on the southerly line of
Lot 1 as shown on that certain map titled "Rohnert Park Parcel Map No. 140" filed in Book 480
of Maps, pages 28-30, Sonoma County Records, and the southerly line of that certain easement
granted to Pacific Gas & Electric Company as described by that Notice of Final Description For
Easement recorded January 29, 1996 under Document Number 1996-0007588, Sonoma County
Records.
Affecting 928 square feet, more or less, of Assessor's Parcel Number 143-490-022.
Basis of Bearings S 64°20'59" W being the bearing between brass disk monuments marking the
centerline of Professional Center Drive as shown on that certain map titled "Rohnert Park Parcel
Map No. 140" filed in book 480 of Maps, pages 28-30, Sonoma County Records.
Prepared by:
aron R. Smith, PLS 7901
LANa s
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ExhibitB
Poin t "A" per o
LPL DN 1996-0007588 �� N
Investments, LLC W
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APN 143-490-020
DN2014-044139 — ------ ` `\ 0
Lot 1 � I I / - �— _S 64 57'50" W 99.3'f � , �7 N
467 Maps 39-41
I
P.G. & E. Easem en t
S 64 20'S9" W
I / L DN 1996-0007588
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10.00 �\
vi 0 � I I i L 1 S 88 56'17" W 18.0'f I
L2 S 313320" W 49.7'f
10' Private Storm_
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L3 S 54 07, 05 W 15.2 f
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Drain Easement
I I I I
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480 Maps 28-30
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310 Professional
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Center Dr LLC
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10' Public Utility Easement
er 317 Maps 23=24
P— —
APN 143— 49 — 22 .�•
II I DN 2020-064404
O
RLot 1
N I 480 Maps 28-30
5 928 sq. e ft.nt
i 1 2.50'
III II I �
1 I 27.0 I --_�
_ R=25.00'
----- S 64 20'59" W 95.18' L=35.31'
P.O.C.
S 7339'DO" W 185.63'
lV 6470'59" E 392.00'
Basis of Bearings
Professional Center Drive
�C-D LgNO SG�
AARON R F`
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No. L 7901
s9�F OF CA\-\
27' Private Ingress/Egress
�C Easement Per 480 Maps 28-30
and per DN 1994-0022148
13.5' Private Ingress/Egress
�C �C Easement Per 480 Maps 28-30
and per DN 1994-0022148
Aron R. Smith, PLS 7901
Legend:
P.O.B. Point of Beginning
P.O.C. Point of Commencement
® Found 2 112" Brass Disk
in Well Monument Casing
Subsurface Utility
Line Easem en t
adobe associates, inc.
civil engineering I land surveying I wastewater
1220 N. Dutton, Ave., Santa Rosa, Ca. 95401
P (707) 541-2300; F (707) 541-2301
I Job No. 20204—(SJM) Affecting APN 143-490-022
August 22, 2023