2025/09/23 City Council Resolution 2025-072A RESOLUTION NO. 2025-072A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND ACCEPTING A GRANT OF EMERGENCY VEHICLE ACCESS
EASEMENT WITH REDWOOD LODGING,LLC FOR THE DEVELOPMENT
LOCATED AT APN 143-391-022
WHEREAS,on September 24, 2020, at the Planning Commission of the City of Rohnert
Park adopted Resolution No. 2020-021 approving a 95-room hotel located at 6490 Redwood
Drive, APN 143-391-022 ("Project") with Redwood Lodging, LLC ("Developer"); and
WHEREAS, the City requires an emergency vehicle access easement to ensure public
safety of the community; and
WHEREAS,the City and Developer desire to establish a formal emergency vehicle
access easement for the benefit of the City; and
WHEREAS,the approval and acceptance of this emergency vehicle access easement is
exempt under California Environmental Quality Act("CEQA") Guidelines section 15061(b)(3)
because there is no possibility that the acceptance of this emergency access easement will have
an effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Grant of Emergency Vehicle Access 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 Emergency Vehicle Access 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 these agreements, including executing a
Certificate of Acceptance accepting the Grant of Emergency Vehicle Access Easement
Agreement.
DULY AND REGULARLY ADOPTED this 23`d day of September, 2025.
CITY 1' I NERT PARK
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er. . iudice ayor
Sylvia Lopez Cuevas, City Clerk
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Michelle M. Kenyon, City Attorney
Attachments: Exhibit A
ADAMSAI ELWARD: jot f RODRIGUEZ: , SANBORN: i� GIUDICE:
1 AYES: (. ) NOE ( ) ABSENT: (pt) ABSTAIN: ( )
OAK #4822-1985-9231 v1 1
City as Grantee
4927-8362-8903 v1
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);
Transfer Tax = 0, deed to public agency
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT
This EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT (this
“Agreement”) is made and entered into effective as of this ______ day of ______________,
2025, by and between Redwood Lodging, LLC (the “Grantor”), and the City of Rohnert Park, a
municipal corporation (the “Grantee” or “City”), with reference to the following facts and
intentions:
R E C I T A L S
A. Grantor is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as 6490 Redwood
Drive, Rohnert Park, California (APN 143-391-022) (the “Property”); and
B. On September 24, 2020, the Planning Commission of the City of Rohnert Park
adopted Resolution No. 2020-021 approving a 95-room hotel on the Property; and
C. Grantor is granting an emergency vehicle access easement to City to satisfy the
Conditions of Approval for the Project and in order for the Grantee to ensure public safety of the
community; and
D. 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” (the “Easement Area”), for the purpose of Emergency Vehicle
Access 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:
OAK #4822-1985-9231 v1 2
City as Grantee
4927-8362-8903 v1
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 emergency vehicle access (the “Easement”), together with all necessary 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 emergency
vehicle access 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 emergency access.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than for emergency vehicle access. 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 make such 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.
OAK #4822-1985-9231 v1 3
City as Grantee
4927-8362-8903 v1
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. Non-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 Agreement. 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:
Codding Enterprises
P.O. Box 3550
Rohnert Park, CA 94928
Attn: _____________________
Phone: ____________________
Email: ____________________
With a copy to: Redwood Lodging, LLC
16398 Cannon Lane
OAK #4822-1985-9231 v1 4
City as Grantee
4927-8362-8903 v1
Chino Hills, CA 91709
Attn: Tejal Patel
Phone: (951) 283-9852
Email: tejal@shivamproperties.com
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@rpcity.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.
[Signatures on the Following Page]
OAK #4822-1985-9231 v1 5
City as Grantee
4927-8362-8903 v1
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
City of Rohnert Park,
a municipal corporation
By: ___________________________________
Name _________________________________
Title: __________________________________
By: ________________________________
Name _____________________________
Title: ______________________________
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared ,
Name 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(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 E A L)
OAK #4822-1985-9231 v1 6
City as Grantee
4927-8362-8903 v1
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared ,
Name 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(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 E A L)
OAK #4822-1985-9231 v1 7
City as Grantee
4927-8362-8903 v1
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the GRANT OF
EMERGENCY VEHICLE ACCESS AGREEMENT, dated
from 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: ____________________, 2025 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 #4822-1985-9231 v1 8
City as Grantee
4927-8362-8903 v1
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
email: office@phelpslandsurveyors.com
January 18, 2023
EXHIBIT “A”
LEGAL DESCRIPTION FOR EMERGENCY VEHICLE ACCESS EASEMENT
Being a portion of the lands of Redwood Lodging, LLC, a Delaware limited liability company as
described in that Deed recorded as Document Number 2017-006594, Sonoma County Records, also being a
portion of Lot 2 of Parcel Map No. 77 filed in Book 313 of Maps, Page 26, Sonoma County Records, said
portion being more particularly described as follows:
Commencing at an angle point in the Northerly line of said Lot 2, said point being the common
intersection point with Lots 2 and 3 of Parcel Map No. 101, filed in Book 379 of Maps, Page 1, Sonoma
County Records;
thence along said Northerly line S89°52’00”E, 13.51 feet to a point, said point being the True Point of
Beginning of the herein described Easement;
thence continuing along said Northerly line S89°52’00”E, 30.00 feet;
thence leaving said Northerly line S00°08’00”W, 19.47 feet;
thence S89°52’00”E, 455.97 feet;
thence S08°08’39”E, 42.94 feet;
thence S00°08’00”W, 5.04 feet to the Southerly line of said lands;
thence along said Southerly line N89°52’00”W, 27.00 feet;
thence leaving said Southerly line N00°08’00”E, 15.28 feet;
thence N41°40’16”W, 8.39 feet;
thence N89°52’00”W, 390.08 feet;
thence S00°08’00”W, 14.45 feet;
thence S49°34’04”E, 10.96 feet to aforementioned Southerly line;
thence along said Southerly line N89°52’00”W, 46.38 feet;
thence leaving said Southerly line N49°34’04”W, 30.15 feet;
thence S40°10’04”W, 136.04 feet to the Southwesterly line of said lands;
thence along said Southwesterly line N49°36’19”W, 30.00 feet;
thence leaving said Southwesterly line N40°10’04”E, 136.98 feet;
thence N55°14’34”E, 16.86 feet;
thence N00°08’00”E, 17.75 feet to the True Point of Beginning.
Containing 19,200 sq.ft. more or less.
Basis of Bearing: Parcel Map No. 77 filed in Book 313 of Maps, Page 26, Sonoma County Records.
See Exhibit “B” for a plat to accompany this legal description.
___________________________________________
Joseph L. Hughes PLS 8992
Sheet 1 of 2
Redwood Lodging, LLC
R
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LOT 2
LOT 2
LOT 3
LOT 3
PARCEL MAP NO. 58
281 MAPS 8
PARCEL 1
N40
°
1
0
'
0
4
"
E
1
3
6
.
9
8
'
N55°14'34"E 16.86'
N00°08'00"E 17.75'
S89°52'00"E 30.00'
S00°08'00"W 19.47'S89°52'00"E 455.97'
S08°08'39"E 42.94'
N89°52'00"W 27.00'
N00°08'00"E 15.28'
N41°40'16"W 8.39'
N89°52'00"W 390.08'
S40
°
1
0
'
0
4
"
W
1
3
6
.
0
4
'
N89°52'00"W 46.38'
S00°08'00"W 14.45'
Redwood Lodging, LLC
R
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W
O
O
D
D
R
Lot 2
PARCEL MAP NO. 101
379 MAPS 1
PARCEL MAP NO. 77
313 MAPS 26
Lot 2
Lot 3
Lot 3
S89°52'00"E 13.51'
S49°34'04"E 10.96'
N49°34'04"W 30.15'
PARCEL MAP NO. 58
281 MAPS 8
PARCEL 1
N
4
9
°
3
6
'
1
9
"
W
3
0
.
0
0
'
S00°08'00"W 5.04'
KEY MAP
EXHIBIT "B"
(plat to accompany legal description)
Emergency Vehicle Access Easement