HomeMy WebLinkAbout2025/12/02 City Council Resolution 2025-088 RESOLUTION NO. 2025-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MONITORING WELL EASEMENT
AGREEMENT WITH SANTA ROSA PLAIN GROUNDWATER SUSTAINABILITY
AGENCY FOR A SHALLOW GROUNDWATER MONITORING WELL ON
COPELAND CREEK AT APN 143-061-061
WHEREAS,the Santa Rosa Groundwater Sustainability Agency has determined that
installing a shallow groundwater monitoring well on Copeland Creek between Seed Farm Drive
and City Hall will provide data to monitor groundwater levels for the community; and
WHEREAS, the City and the Santa Rosa Groundwater Sustainability Agency desire to
establish appropriate formal easements for the monitoring well and access for the benefit of the
Santa Rosa Groundwater Sustainability Agency to obtain data and analyze the basin's
groundwater levels for the benefit of the community.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Monitoring Well 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 Monitoring Well 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 the agreement.
DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK ON this 2nd day of December, 2025.
CITY 1 t ' Q RT PA
4 j'` I
ATTEST: G. ilfrirri - or
Sylvia Lopez Cuevas, City Clerk
APPROVED S TO FORM:
Michael Barrett, Deputy City Attorney
Attachments: Exhibit A LELWARD:
ADAMS: Ai LELWARD: 1 ODRIGUEZ: Ail SANBORN:j/ I GIUDICE: o
A ES: (5-) NO S: ABSENT: ( ) ABSTAIN: (
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City as Grantor
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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
MONITORING WELL EASEMENT AGREEMENT
This MONITORING WELL EASEMENT AGREEMENT (this “Agreement”) is made
and entered into effective as of this ___ day of _____________, 2025, by and between the City
of Rohnert Park, a municipal corporation (“Owner” or “Grantor”), and the Santa Rosa Plain
Groundwater Sustainability Agency, (“GSA” or “Grantee”), a joint powers authority, 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, more particularly described as 0 Santa Alicia
Drive, Rohnert Park, California (APN 143-061-061) (the “Property”); and
B. The GSA desires to obtain a non-exclusive temporary easement for construction
purposes to build a shallow groundwater monitoring well, a permanent easement for the Well, as
defined below, itself, and a permanent access easement to maintain the Well through and on
Owner’s Property, and Owner is willing to grant such easements pursuant to the terms and
conditions set forth 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 Temporary Construction Easement.
1.1 Grantor grants Grantee a temporary construction easement (the “Temporary
Construction Easement”) for use by Grantee, its employees, agents and contractors for
the purpose of locating, access, surveying, installing and construction, including drilling,
a shallow, groundwater monitoring well and incidental facilities thereto which include a
flush-mount monitoring well utility vault and downhole monitoring equipment such as
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pressure transducers and temperature sensors (collectively, the “Well”), over that portion
of the Property described in Exhibit A and depicted in Exhibit A-l, attached hereto and
incorporated herein (the “Temporary Construction Easement Area”).
1.2 Once construction of the Well is complete, and the permit file is closed by Permit
Sonoma, the Temporary Construction Easement shall automatically expire and be of no
further force or effect absent a new agreement or an amendment to this Agreement.
Either party may record a document in the Office of the Sonoma County Recorder
confirming the expiration of the Temporary Construction Easement and removing the
Temporary Construction Easement from the title to the Property.
1.3 The Temporary Construction Easement is nonexclusive. Grantor reserves the
right to access and use the Temporary Construction Easement Area so long as such use
does not unreasonably interfere with the use of the Temporary Construction Easement by
the Grantee.
1.4 Grantee shall repair, at its own expense, damage to the area in and around the
Temporary Construction Easement Area caused by Grantee’s use thereof.
2. Grant of Well Easement. Grantor hereby grants to Grantee, effective upon the
expiration of the Temporary Construction Easement pursuant to Section 1.2 of this Agreement,
and fulfillment to Grantor’s reasonable satisfaction of Grantee’s duty to repair the Temporary
Construction Easement Area in accordance with Section 1.4 of this Agreement, an easement for
use by GSA, its employees, agents and contractors, for the operation, repair, maintenance, and
replacement, of the Well (the “Well Easement”) on, over, and under that portion of Grantor’s
Property described in Exhibit B and depicted in Exhibit B-l, attached hereto and incorporated
herein (the “Well Easement Area”).
3. Grant of Well Access Easement. Owner hereby grants to GSA a non-exclusive
access easement to access and maintain the Well (the “Well Access Easement”) in, through,
upon and/or across existing roads, lanes, or otherwise practically passable thoroughfares of the
Property appropriate for such access, in locations mutually acceptable to Owner and Grantee (the
“Well Access Easement Area”). The Well Access Easement is granted on the condition that
Grantee’s use of the easement does not damage or unreasonably interfere with the full use of
Grantor’s reserved rights in the Property. The Well Easement and Well Access Easement may
be referred to herein as the “Well Easements.” The Well Easement Area and Well Access
Easement Area may be referred to herein as the “Well Easement Areas.”
4. Restrictions on Use of Well Easement Areas. The Well Easements shall be used
subject to the Grantor’s reserved rights, and only for periodic and intermittent access and
monitoring and/or other activities normally associated with a Well, and the operation,
maintenance, and repair thereof, in addition to data collection from the Well as needed at the
discretion of the GSA, all within the Well Easement Areas. The parties agree that no wall, fence
or barrier of any kind which impairs or impedes access to, or use of, any of the Well Easements
shall be constructed or maintained on the Well Easement Areas, nor shall the parties do anything
which shall prevent, impair or discourage the use of the Well Easements or the free access and
pedestrian movement across the Well Easement Areas.
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5. Approvals. Grantee will be responsible for obtaining all required permits and
other approvals prior to commencing work on the Well.
6. Maintenance of the Well Easement Areas. At such times as the GSA maintains or
repairs the Well it shall, at its expense, promptly upon completion of such work, return the Well
Easement Areas to their prior state, and repair and/or replace any improvements or landscaping
damaged by its maintenance, repair or replacement of the Well. Grantor shall be responsible for
any repairs or reconstruction of the Well Easement Areas in the event of any damage caused
solely by Grantor.
7. Maintenance of the Well. The GSA will maintain the Well in accordance with all
applicable laws and regulations of the State of California, the Owner, and the County of Sonoma.
8. Decommissioning of the Well. When the GSA determines, at its sole discretion,
that the Well is no longer needed for the GSA’s purposes, or if a regulatory agency with
authority over the Well determines that the Well must be decommissioned, then the GSA shall
destroy the Well and restore site conditions to their condition before construction of the Well.
The GSA shall destroy the Well in accordance with the requirements of the Owner as agreed on
by the GSA, in writing, the County of Sonoma, and the State of California. Following
decommissioning of the Well and restoration of the Property, this Agreement, the Well Access
Easement and Well Easement will automatically expire and be of no further force or effect
without further action of the parties, and either party may record a document in the Office of the
Sonoma County Recorder confirming the expiration of this Agreement and of the Well Access
Easement and Well Easement and removing this Agreement, the Well Access Easement and
Well Easement from the title to the Property.
9. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, 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 of Grantee and Grantee’s officers, agents, employees, contractors, licensees, permittees,
transferees, successors and assigns (“Grantee Parties”) during the use of the Property pursuant
to the terms of this Agreement, construction or maintenance of the Well by Grantee or Grantee
Parties, or the performance of, or failure to perform of, Grantee’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 and Grantee; (b) injury to property or other interest of
Grantor, Grantee, or any third party ; (c) Grantee and Grantee Parties' violation of any applicable
federal, state, or local laws, statutes, regulations, or ordinances, 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. Without limiting the generality of the foregoing, Grantee shall indemnify,
protect, defend and hold Indemnitees harmless from and against Claims arising out of or in
connection with any labor performed by Grantee and Grantee Parties on the Property by, or at
the request or for the benefit of, Grantee, excepting only with respect to any Indemnitee, to the
extent of any Claim arising from the gross negligence or willful misconduct of such Indemnitee.
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In the event any action or proceeding is brought against any Indemnitee for any Claim against
which Grantee is obligated to indemnify or provide a defense hereunder, Grantee upon written
notice from Grantor shall defend such action or proceeding at Grantee’s sole expense by counsel
reasonably acceptable to Grantor.
10. Rights of Grantor. Grantor shall retain for itself, and its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Temporary
Construction Easement Area and the Well Easement Areas, including the right to engage in or
permit or invite others to engage in all uses of the Temporary Construction Easement Area and
the Well Easement Areas that are not inconsistent with the terms of this Agreement.
11. 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.
12. Exclusivity. The easements granted hereunder are non-exclusive and Grantor
reserves the right to use and grant other easement rights in and to the Temporary Construction
Easement Area and the Well Easement Areas, subject to the terms of this Agreement, and
provided that such easement rights shall not unreasonably interfere with the easement rights
granted hereunder.
13. Term of Agreement. This Agreement and the easements contained herein may be
terminated upon mutual written consent of the parties.
14. Enforcement, 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.
15. Mediation of Disputes. Any disputes arising out of this Agreement shall first be
subject to a mandatory meet and confer efforts to reach a resolution. If the dispute is not resolved
through the mandatory meet and confer process within thirty (30) days of its commencement,
then the dispute may be submitted to arbitration at JAMS Dispute Resolution before a single
arbitrator upon the agreement of the parties.
16. 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.
17. 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 private overnight courier service to the
address 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
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fall due on a weekend or holiday, the time for performance shall be extended to the next business
day.
If to Grantee:
Santa Rosa Plain Groundwater Sustainability Agency
2235 Mercury Way, Suite 105
Santa Rosa, CA 95407
Attn: Administrator
Phone: 707-243-8555
Email: arodgers@santarosaplaingroundwater.org
With a copy to: Holly Roberson
Santa Rosa Plain GSA General Counsel
Kronick Moskovitz Tiedemann & Girard
1331 Garden Hwy, 2nd Floor
Sacramento, CA 95833
Phone: 916-321-4500
Email: hroberson@kmtg.com
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager’s Office
Phone: 707-588-2232
Email: admin@prcity.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
18. 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.
19. 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.
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[Signatures on the Following Page]
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City as Grantor
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
___________________
By: ___________________________________
Name _________________________________
Title: __________________________________
City of Rohnert Park,
a municipal corporation
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)
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City as Grantor
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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)
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City as Grantor
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the [INSERT TITLE
OF DOCUMENT, E.G., GRANT DEED, GRANT OF EASEMENT], 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 PUBLIC
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EXHIBIT A
LEGAL DESCRIPTION AND PLAT