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2024/05/14 City Council Resolution 2024-032RESOLUTION NO.2024-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND AUTHORIZING EXECUTION OF A NOTICE OF EXTENDED TERM OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE UNIVERSITY DISTRICT WHEREAS, the City of Rohnert Park and University District LLC and Vast Oaks LP, University District LLC's predecessor -in -interest, entered into that certain Amended and Restated Development Agreement, as of May 22, 2014 (based on an Ordinance approved on April 22, 2014), and recorded on July 28, 2014, as Instrument No. 2014051817 in the Official Records of Sonoma County ("Amended and Restated Development Agreement"), with respect to that certain real property described therein (the "Property"). WHEREAS, the City and University District LLC and Vast Oak LP entered into that certain First Amendment to the Amended and Restated Development Agreement recorded on January 19, 2016, as Instrument No. 2016003747 in the Official Records of Sonoma County, to revise the affordable housing plan (the "First Amendment"). WHEREAS, the City and University District LLC and Vast Oaks LP entered into that certain Second Amendment to the Amended and Restated Development Agreement dated October 26, 2016 and recorded on November 17, 2016, as Instrument No. 2016106715 in the Official Records of Sonoma County, to revise certain conditions associated with the timing of the construction of the Water Tank (the "Second Amendment"). The Amended and Restated Development Agreement as amended by the First Amendment and the Second Amendment may be collectively referred to herein as the "Development Agreement." WHEREAS, on September 16, 2020, University District LLC and Vast Oaks LP entered into an Assignment and Assumption Agreement recorded in the Official Records of Sonoma County as Instrument No. 2020084863, whereby Vast Oaks LP assigned its rights and obligations of the Development Agreement to University District LLC, and University District LLC assumed all rights and obligations of the Development Agreement. WHEREAS, the Development Agreement has been partially assigned to a number of merchant builders to allow for build out of the Project anticipated by the Development Agreement, which agreements have been recorded against the Property. WHEREAS, the original term of the Development Agreement is through May 22, 2024. Article 2 of the Development Agreement provides that the Developer may request up to two (2) five year extensions to the Development Agreement and on January 19, 2024, the Developer made such a request for the first five year extension. WHEREAS, Section 2.02 (C) requires review of a requested extension in the same manner as annual reviews and provides that a request can be denied, conditioned or shortened if the Developer is in default or has not satisfied all material requirements or project conditions. WHEREAS, the City Council reviewed the annual report on the University District Development Agreement on March 12, 2024 and determined that the Developer is making progress on its project, is not in default under the Development Agreement and has fully satisfied the terms of the Development Agreement to date. WHEREAS, it is beneficial to the City to continue the orderly development of the University District Specific Plan Area in accordance with the terms of the Development Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The City Council hereby finds that this extension is consistent with the previously approved Environmental Impact Report (EIR), as amended, prepared to address the potentially significant adverse environmental impacts associated with the planning, construction, or operation of the University District and to identify appropriate and feasible mitigation measures and alternatives that may be adopted to significantly reduce or avoid the impacts identified in the EIR. The City certified the Final EIR for the University District Specific Plan project on May 23, 2006 and amendments on April 8, 2014 and November 8, 2016. The proposed extension was contemplated in the original DA and EIR and will not result in additional environmental effects not previously evaluated in the EIR. Given the nature of the amendment proposed here, there will not be any changes to the proposed project not previously analyzed or to the previously - identified effects and mitigation measures. No additional environmental review is necessary. 2. The City Council does hereby approve and authorize a five year extension to the term of the Development Agreement. 3. The City Manager is hereby authorized and directed to take all actions to effectuate this approval and authorization on behalf of the City of Rohnert Park, including execution of the Notice of Extended Term, in similar form to Exhibit A, attached hereto, subject to modifications by the City Manager or City Attorney, and any other agreements, certifications or documents necessary to document the term extension. DULY AND REGULARLY ADOPTED this 141h day of May, 2024. CITY OF HNERT PARK Susan H. Adams, May ATTEST: Sylvia Lopez-Cu e , City Clerk P R S TO FORM: NW6helle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD:*VS: RODRIGIIEZ SANBORN: IUDICE: ADANIS: ( ) NOES: ( ) ABSENT: ( ABSTAIN: Resolution 2024-032 Page 2 of 2 Exhibit A to Resolution RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 NOTICE OF EXTENDED TERM OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS NOTICE OF EXTENDED TERM OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Term Extension") is executed as of , 2024, by the CITY OF ROHNERT PARK, a California municipal corporation ("City") with reference to the following recitals: RECITALS A. The City of Rohnert Park and University District LLC and Vast Oaks LP, Developer's predecessor -in -interest, entered into that certain Amended and Restated Development Agreement, as of May 22, 2014 (based on an Ordinance approved on April 22, 2014), and recorded on July 28, 2014, as Instrument No. 2014051817 in the Official Records of Sonoma County ("Original Amended and Restated Development Agreement"), with respect to that certain real property described therein and in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). B. The City and University District LLC and Vast Oak LP entered into that certain First Amendment to the Original Amended and Restated Development Agreement recorded on January 19, 2016, as Instrument No. 2016003747 in the Official Records of Sonoma County, to revise the affordable housing plan (the "First Amendment"). C. The City and University District LLC and Vast Oaks LP entered into that certain Second Amendment to the Original Amended and Restated Development Agreement dated October 26, 2016 and recorded on November 17, 2016, as Instrument No. 2016106715 in the Official Records of Sonoma County, to revise certain conditions associated with the timing of the construction of the Water Tank (the "Second Amendment"). The Original Amended and Restated Development Agreement as amended by the First Amendment and the Second Amendment may be collectively referred to herein as the "Development Agreement." All capitalized terms shall have the meaning as set forth in the Development Agreement unless otherwise defined herein. D. On September 16, 2020, University District LLC and Vast Oaks LP entered into an Assignment and Assumption Agreement recorded in the Official Records of Sonoma County as Instrument No. 2020084863, whereby Vast Oaks LP assigned its rights and obligations of the Development Agreement to University District LLC, and University District LLC assumed all assigned rights and obligations of the Development Agreement. E. The Development Agreement has been partially assigned to a number of merchant builders to allow for build out of the Project anticipated by the Development Agreement, which assignment agreements have been recorded against the Property. F. The original term of the Development Agreement is through May 22, 2024. Article 2 of the Development Agreement provides that the Developer may request up to two (2) five year extensions to the Development Agreement, and on January 19, 2024, the Developer made such a request for the first five year extension. G. Section 2.02 (C) requires review of a requested extension in the same manner as annual reviews and provides that a request can be denied, conditioned or shortened if the Developer is in default or has not satisfied certain material requirements or project conditions. H. The City Council reviewed the annual report on the University District Development Agreement on March 12, 2024, and determined that the Developer is making progress on its Project, is not in default under the Development Agreement and has fully satisfied the terms of the Development Agreement to date. NOTICE NOW, THEREFORE, the City hereby executes this Notice as required by Section 2.02(C) of the Development Agreement: 1. Notice of Extended Term. The New Initial Term of the Development Agreement, as defined in Section 2.01, has been extended by an Extended Term of an additional five years. The termination date of the Development Agreement is May 22, 2029. 2. Effect of Term Extension. Except to the extent the Development Agreement is extended, the remaining terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. [Intentionally left blank. Signatures continue on the following page. Signatures must be notarized] 0A IN WITNESS WHEREOF, this Notice has been executed by City as of the day and year first above written. Approved as to Form: By: Attest: By: City Attorney City Clerk CITY: City of Rohnert Park, a California municipal corporation By: City Manager Authorized by Resolution 2024- adopted by the Rohnert Park City Council on April 23, 2024. ACKNOWLEDGEMENT OF UNIVERSITY DISTRICT LLC University District, LLC hereby agrees and acknowledges that the Amended and Restated Agreement has been extended for an Extended Term of five years, as set forth above. UNIVERSITY DISTRICT LLC: University District, LLC a California limitgoe' bility company Name: Josh Roden Title: Authorized Representative By: - —�Zg=�L Name: Go odriguez Title: 3 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 Contra Costa On April 9, 2024 before me, Tiffany Grubbs, Notary Public , Date Name and Title of Officer personally appeared Josh Roden and Gonzalo Rodriguez , Name of Signer 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. *my TIFFANY GRUBBS Notary Public . California Contra Costa CountyCommission N 2415110 Comm. Expires Sep 6. 2026 Place Notary Seal Above 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: i atrtr of ota ublic ACKNOWLEDGMENTS 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 20_ before me, , 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. STATE OF CALIFORNIA COUNTY OF On 20_ before me, , 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) Acknowledgment Exhibit A to Notice of Term Extension EXHIBIT A-1 Legal Description of UD LLC Property Real property in the un4xDrprrated area of the County of Sonoma, State of CaGforr►ia, described as follows: Parcel One: Lying in Rancho Cotati and being a portion of the lands of Henry Himebaudh Anderson as described in Book 864 of Official Records at Page 194, being more particulariy described as (allows: Beginning at a point on the Westerly property line of the lands of Anderson, said point being the Southeast corner of Parcel IV of the larch, of the County of Sonoma as described in Book 2166 of Official Records, at Page 300 said point bears North 890 23' 40" East 190.01 feet from a set iron pipe; thence leaving said One North 891123' 40' East 1692.29 feet to the Nor( wrest comer of the parcel conveyed to tt* Stage of California by deed recorded March 28, 1967 in Book 2260 of Official Records, Page 173, Sonoma County Records, thence a" the West Nne of said parcel South 00 02' 40" West 300 feet to a point; ttrence North 890 23' 40" East 95 feet to a point; thence South 016 02' 40" West 80 feet to a point; thence South 890 23' 40" West 95 feet to a point: thence South 00 02' 40' West 510 feet to the South line of said Anderson parvei; thence West along said South line 1692.29 feet to the Sou nest corner of said Ardersun parcel; thence North 09 02' 20" West 871.50 feet to the point of beginning. 1 IL 1..� An easement for private and public road and incidental purposes over the following described parcel: Beginning at a point which bears North 890 23' 40' fast 95 feet distant from the Northeast comer of the above described parcel; thence North 89° 23' 40" East 100 feet; the -lice South 00 02' 40" West 380 feet; thence South 899 23' 40" West 100 feet to a point; thence North 00 02' 40" East 380 feet to the point of beginning. APN: 047-131-026-000 and 047.131-027.000 Exhibit A-1 -1- xara .uarr+uva - x;°�?� -01 Ll Ir !file;= a"* YM vnmrna —fir I rawws. _ �wm. .YN+VI JQ� 1d130' .Mi[f 11LNm, i a84# # � as a ¢ Wit vit, Iti In �ac 1, 6a# iiag x • a a Y# i !ilN1 lJ r.Y4A, r 31M LYO&WC f Exhibit A-1 -2- EXHIBIT A-2 Legal Description of Vast Oak Property Real property in the unincorporated area of the County of Sonoma, State of Cal0mr>ia, described as follows: TRACT ONE Parcel One Being a portion of that tract conveyed to Frank H. Denman and George B. Murphy and David R. Risk and James C. Risk, by Deed dated February 23, 1911 and recorded in Book 272 of Deeds, page 200, Sonoma County Records, and commencing at a stake marked 30 and 31, standing on the South boundary of the lands conveyed to Denman and Murphy by sald Risk Brothers, from which a stake marked "Risk" standing at the Southwest corner of said land bears West 40.45 chains distant; thence along the South boundary of said lands East, 10.32 chains to a stake marked 32 and 33; thence North across said lands, at 19.15 chairs a stake marked 32 and 33, standing on the South side of a road laid out across said lands of Denman and Murphy, at 19.45 chains to the center of said road; thence along the center of said road South 890 30' West, 10.32 chains to a point from which a stake marked 30 and 31 standing on the South side of said road bears South 30 links distant; thence South 19.35 chains to the point of beginning. Parcel Tyro An easement 60 feet in width for general road and public utility purposes, the centerline of which is the same as the East line of the parcel of land conveyed to James Talley by Deed recorded in Book 2307 at page 590, Sonoma County Records. APN: D45-262-001 TRACT TWO Parcel One Being a portion of the tract conveyed to Frank H. Denman and Geo B. Murphy, by David R. Risk and James C. Risk by Deed dated February 23, 1911 and recorded in Book 272 of Deeds, Page 200, Sonoma County Records, and commencing at a stake marked "34", standing on the South boundary of said lands and at the Northeast corner of Lands conveyed to Geo H. Anderson by Cotatl Company, by Deed recorded in Book 181 of Deeds, Page 477, and Sonoma County Records; thence along said line West 10.26 chains 10 a stake marked 32 and 33; thence North 19.15 chains to a stake marked 32 and 33, standing on the South line of a 40 foot road laid out across said lands of Frank H Denman and Geo S. Murphy, and akurg South line of lands of H. Comstock, at 19.45 chains to center of road; thence akmg center of same, North 89° 30' East, 10.26 chains; thence leaving said road South 30 links, a stake marked 34 and 35, standing on the South side of said road, 19.57 chains the point of commencement. Excepting therefrom any portion of said land lying Easterly of the agreed boundary One as described in that certain Boundary tine Agreement and Quitclaim Dead executed by and between North Bay Title Company and Cottonwood Enterprises recorded March 21, 1994 under Document No. 1994 0037474 Sonoma County Records Also excepting therefrom any portion of said land lying Easterly of the agreed boundary line as fkst Arnenben True Exhibit A-2 -1- descried In that certalin Boundary Line Agreement and Qullclalm Dead dtecuwd by and beTween North Bay Title Company (045-262-002.000) and North Bay Title Company (045-262-W21-000) recorded March 21, 1994 under Document No 1994 69384, Sonoma County Records Parcei TWo All the land lying Westerty of the agreed boundary line as descvlbed in that certain Boundary Line Agreement and Quitchim Deed exacuted by and between North Bay Trlie Company and Cottonwood Enterprises recorded Mairc h 21, 1994 order Oonrrnent. No. 1994 0037474 Sonoma County Recurs 9Ti+ I1GrL�y Ail the land lying Westerly of the agreed boundary Ilse as described in that certain Boundary one Agreement and Quitclaim Deed executed by and betwoen North Bay T tie Cornparry (045.262- 002-000) and North Bay Title Cbmparhy (045-262-00343W) recorded May 27, 19.94 under Docui nherrt No. 1994 0069384, Sonoma County Reoxds- Parcel Four A tight of way over a strip of land 40 feet In wk th, extending 20 Feet on each We of the North line of said lands from the East to the West btwndary of the Lands heretoforti ewweyed to Frank H. Denman and C hartotte E. Derrrran, his wife and GeoMe 0. Murphy and Afire P. Murphy, his wife. Excepting the right of way over and a" a *rip of land 20 feet In width along the North one of the lands hereinabove described. APW 045-262.002 TRACT THREE Parcel One Being a portion of that tract conveyed to Frank H. Denman and George 6, Murphy by David R. Rik and Janes C Risk by Deed dated February 23, 1911 and reorrrfed In Bode 272 of Deeds at page 200, Sonorna County Records and corrumndng at the Nor0wast corroer of that tract heretofore eorw¢yed to A.S. Cordoza In the [center of the road from Petakmw to Santa Rnsa, from which an Iron On at the Southea6t corner of said tract conveyed to Denman and Murphy gears South 5.02 chains distant and a stake marked 37-38 standing on the West side of said road gears West 45 links distant; thence along the center of said road north 15.93 chains to the center line of a 40- foot road laid out across said lands cunveyed to Denman and Murphy (a stfta 35 standing at the point of inbwffedin of the West fine of the Petaluma and Santa Rosa Road, with the South Ilse of said 40- fppt road); thence along flue center of said 40- foot road, South a9* 3O` West, 1.9.94 chains to a point from which a stake marked 34-35 ster►ding on the South side of sold road bears South 30 Inks distarA; thence South 15.72 chains to a stake marked 37-39 standing at the Northwest corner of the tract heretofore conveyed to AS. Cordaza,; ttwwcz along the said lands East 19.94 chains to the point of beginning. ExsepoW therefrom any portion of said land lying Westerty, and the agreed boundary line as desvibed In that certain Boundary line Agreement and Quitclaim Deed executed by and between North Bay TIbe Company (045-262.002-000) and North Bay Title Company (045-262-003--000) recorded May 27, 1994 under Document Nm 1994 006,9384, Sonom& County Records.. FXrsit AriWkm little Exhibit A-2 -2- Parcel Tinto All, the land ilnng Easterly of the agreed boundary line as descr;bed In that certain Boundary line Agreement and Qurtclalm Deed ewearted by and between North Hay Title Cornpany (045.262- 002.000) and North Bay Title Company (04S-262-003-000) recorded May 27, 1994 under OocurrwA Mo. 1994 0069394, Sonoma Co+lnty Records. APN: D45-262.003 TRACIF FOUR Parcel ant Beginrilng at an Iran pin In the center of the Petaluma and Santa Rosa, which is South 40.41 dtalns from the Norttwevt corner of Section fro. 19 In Township 6 North Renee 7 West, M.0 M., and the Sodtieast comer of the lands heretofore conveyed 10 Frank 3. Denman and George 13, Murphy by Orval R. Risk and 3as C. Rlsk; thence along the east boundary of saki tract and the center of said road North S.OZ chains to an Iron pin; thence having sold road and parallel with the $outh boundary of said tract, west 19.94 chains to a stake; thenm South 5.02 dtalns to a stake marked "Rlsk" at the northwest comer of the land here r fom conveyed bo Antone Cardoza by the Gotad Company; thence along the south boundary of lands of Frank N. Denman and Goo B. Murphy, East 19.94 chains to the point of burning. And being the same land as Is described and W forth in that certain Deed, frank J. Dennnan and Geo & Murphy to Antone itardow, dated August 12, 1911 and recorded in Book 279 of Deeds, page 164, Sonoma County Records, which said Deed is hereby referred to and made a port thereof, Excepting therefrom any portlon of the above described lands lying Weste* of that boundary line established by Boundary Line Agreement by and between North Nay Title Comparry and Co=nwood EnOaprises, recorded March 21r 1994 under Document No. 1994 0037474, Sonoma County Records. Arry portion of the lands of Mouth Bary Title Company as dektbed in those deedti recorded June 11, 1992 under Document "m 1992 0069870 and 199211i76'9871, Sonoma County Records lying Eastedy of that boundary lint established by Boundary Une Agreanent by and beb een North Bay TWe Company and Cataxnvood Entckrprfses, recorded Mardi 21, 1994 under Document No. 1994 0037474, Sonoma County Records. APN: 045-262-004 h Being a portion of Rancho Cotati and beginning at a point.36 chains North of the point of Inbersectlon of the eenscrline of the County Road leading fhorn Santa Rosa to Petaluma v4th the South Tina of Section 19, Township 6 North, Range 7 West M.O.M., said section line being also the centerline of Copeland Ditch extended; thence from sad point of be*ning (w%Alch Is marked by an Iron pin) West 20.00 chains to the East line of the 80 arse tract of George H. Anderson, .38 drains North of the Southeast corner of said 50 acre tract, thence North along said line of Anderson tract 30.62 chains bo a stake marked "RISK"; thence East 19.94 chains to an Iron pin In the cer4w of said County Road; thence South 39.62 chains to the paint of beginning, and Ming the same land as is diemribW and set forth in that certain Deed, the Cotati Company to Antone Cardcaa dated Ntay 12th, 1889 and recorded in Book 184 of Deeds, page SSG of Sonoma County Records, which said Deed Is hereby referred to and made a pert thereof. JAAW A XWc3a 7WO Exhibit A-2 -3- 6MM M therefrom that portion of lard conveyed to the County of Sonoma, tty deed recorded an April 24, 1967 Cn Book 2264 of Official Records, page 923, Sonoma County Records, Also erroept" therefrom that portlon of land conveyed to Gotab Rancho Partners by deed recorded on December 31, 1969 In Book 2437 of OMdal Records, page 839, Sonoma County Rcoonds. A.P. No. wf47-131-019 u�. dq I KI ��[r77 Lying In the Cotati Rancho, being a portion of the lards of Henry Hi nebamb Anderson as described in Book 864 of Offkial Records, Page 194, and befrrp more particularty described as fall1 ws: ConvT endng at a point on khe Westerly property line of the {ands of Anderson said point tieing the Northeast corner of Paroet IV of the lands of the County of Sonoma as descrbed n Book 2166 of Mcfal Records, Page 300, said point hears North W 23' 40" EBat 191.15 feet from an Iron pipe monument set; thence North 89- 2140- fast 1837.29 feet to a pointr said point De N the true point of beginning; thence forth 0° 02' 40" East 1670.72 feet to the North lint of said Anderson land; thence North 890 2T 40" East alocg the North line of said Anderson lands 794,22 fleet 10 the Northeast oorner thereof, thence South 09 02' 40" West abng the West line of said Anderson parcel 1670,72 feet is a point on the North line of the parcel conveyed to the lounty above raferred to; thence South W 23' 40" Wiest 791.22 feet to tht point of begfnnfig Parcel Two A non-o0usIve easern"t for general road and utility purposes 60 feet to width lying 30 feet on each We of a Ilne desalbed as follows: Beginning at a point an the South line of Kelser Avenue at a pow distant 30 fttt Westerly rrom a stake marking the Northeast corner of the 20 acre parcel owned by Henry H. Anderson, et ux thence South and 30 feet dLAwd from the East line d said Anderson parcel 1146,64 feet to a point thence Southwe-btedy in a direct line 16S feet to the NoMvresterty comer of Parref One above described and the terminus of said eEmment. APN: 047-131-024 TRACT SIMM Parcel One Lying to the Cotati Rancho, behg a portion of the Lands of Henry MimMmuglh Anderson as desal6ed in Book 064 of Of Coal Records, page 194, and being more partkxftrly deemed as follows; Beginning at a point on the Westerly property line of the Lands of Andergon, saki point being the NOMWW cornier of Panoel TV of the Lands of the County of Sonora as described in Book 2166 of Official Records, page 300, said point beans North 89° 23' 40" East 19 1. 15 feet from an Iron pipe set; thence North $9' 23 40' East 1837_29 feet to a poir*, thence North G" 02. 40' East 1670.72 Frrsi Anrcfdarn TA* Exhibit A-2 -4- feet to the North Isre of said Anderson lands; thenca South 8W 23' 40` West along the North line of said Anderson Lands 1837.29 feet to the Northwest comer thereof; thence South 06 02' 40` 'West, a" the West Ilne of said Anderson Parcel 1670.72 feet to the point of beginning. lbeepting therefrom all that portion of said land lying Northerly of the agreed boundary line described In that 4"In Boundary line Agreement and QultdWm Deed executed by end between Vast Oak Propertfes and Cotad-ftumrt Park Valfled School DWct recorded August S, 1994 under Document No. 1994 0093626, Sonana County Records. Parcel Two All that lands lying Southerly of the agreed bourudary Inc desoibed In that cei In 9oudary Line Agreement and Qultdalm Deed executed by and beDvicen Vast Oak Propelves and Goted-Rohnert Part Unified Schad District recorded August S, 1994 under Document No, 1"11 0093625, Sonoma County Records. Parcel Three A non-e*clusweeasement for general road and utility purposes 60 feet In width lying 30 feet on each side of a line described as follows: Beginning at a point on the South line of Keiser Avenue at a point distant 30 feet Weaery from a stake marking the NorthieW corner of the 20 acre parcel owned by Henry H. Anderson, et ux, hence South and 30 reet distant from the East line of sand Andersen Parcel 1146.64 feet to a point:; thence Soudwiesterly In a died: line 165 feet to the Northeasterly comer of Parcel One above desaibed and the terminus of said easement. Excepti g that portion lying within Parcel One above. Parcel four A non-emclustve easement, 60 feet in width for general road and public utility purposes, lying equally on each side of the East Kne of the above described Parcel One. 0rcepWV therefrom that portion lying within Parcel One above. APN: 047.131-02S FW AI njedtan T,trie Exhibit A-2 -5- sq, I is Ira Ills g f� s�- I NOfaY7[BNNY ANVd E�19N008 ova* awrrrrxsa •rsra i I raw+xw AMvr'�Ww josF- '-M76t(' J of-ftJpy- h rrt•sTiriir �.a h� it ! lot wa H ^a lit i - i ht lit 81i ��t� as3 1. awn >BQUU t Exhibit A-2 -6-