CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT

Meeting Date: February 12, 2013 Mission Statement We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 5.C.5 Department: Development Services Submitted By: Rick Pedroncelli, P.L.S., Senior Engineering Technician Prepared By: Agenda Title: Rick Pedroncelli, P.L.S., Senior Engineering Technician Resolution accepting Quit Claim Deed terminating an existing access easement, and approving and authorizing a Grant of Access Easement to Rural California Broadcasting Corporation (KRCB), 5850 Labath Avenue RECOMMENDED ACTION: 1. The City Council is requested to accept a Quit Claim Deed executed by the Rural California Broadcasting Corporation and authorize the Mayor to execute a Certificate of Acceptance. 2. The City Council is requested to approve and authorize the Mayor to execute a Grant of Access Easement for a new Access Easement to Rural California Broadcasting Corporation. BACKGROUND: An existing 20-foot Temporary Access Easement currently encumbers City property. The existing easement needs to be relinquished in order to clear title to the property. The property is being proposed for residential apartments. City Council Resolution No. 2005-183 adopted on June 14, 2005 approved the Land Sale Purchase Agreement between the City of Rohnert Park and KRCB. The City executed a Grant Deed to KRCB on April 4, 2006, recorded on April 7, 2006 in document number 2006041455, Sonoma County Records. The Grant Deed to KRCB included a Temporary 20-foot Access Easement over City-owned property also known as the wastewater holding ponds property (see attachment A for reference). The purpose for the temporary access easement was to allow maintenance vehicle access to and from the telecommunication equipment and tower located on the northeast quadrant of the KRCB property. The temporary access easement was also included as part of the security interest under a Deed of Trust that was recorded on the KRCB property. The lender has executed a Substitution of Trustee and Partial Re-conveyance to clear the Deed of Trust from including the temporary access easement on City property. The wastewater holding ponds property is included in the Option to Purchase and Purchase Agreement between the City and Redwood Equities, LLC, approved by City Council Resolution No. 2003-49 on March 25, 2003 and amended by City Council Resolution No. 2004-217 adopted on September 4, 2004. Accepting the Quit Claim Deed would extinguish the existing temporary access easement from the wastewater holding pond property. 1

ITEM NO. 5.C.5 KRCB is requesting a new access easement so that it can continue to access the existing telecommunication equipment and tower located on KRCB property. The new access easement is proposed to be located on other City property that is considered undevelopable land and is referred to as Remaining Lands as shown on City of Rohnert Park Parcel Map No. 180, filed for record in Book 736 of Maps, at pages 30 32, Sonoma County Records (see attachment A for reference). Because the land is considered undevelopable there is no need to make the new easement temporary. Pursuant to Government Code Section 65402, the City Planning Commission made a finding of consistency with the City s General Plan for the proposed relinquishment and conveyance of easements. The proposed relinquishment and conveyance of easements is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines 15061(b)(3) because the exchange of easement rights has no potential to cause a significant effect on the environment, and any further development of the property would be subject to future environmental review pursuant to CEQA. ANALYSIS: Staff is of the opinion that the mutual benefit of accepting the Quit Claim Deed in exchange for grant of a new easement warrants approval of this action. The benefit to the City is removing the existing temporary access easement from the wastewater holding pond property thereby clearing the encumbrance from the property title. OPTIONS CONSIDERED: 1. The preferred option is to accept the Quit Claim Deed and grant the new access easement. 2. Not accepting the Quit Claim Deed would continue to encumber the wastewater holding pond property title and compromise the option agreement. FISCAL IMPACT/FUNDING SOURCE: Assuming acceptance of the Quitclaim Deed and granting the new access easement there will be a minor impact to the City General Fund. Two thousand dollars ($2,000) worth of materials, equipment and labor were offered to KRCB to pay for the cost of surfacing the new easement area as an incentive to relocate the easement. Department Head Approval Date: 2/6/13 City Manager Approval Date: 2/6/13 City Attorney Approval Date: 2/6/13 Attachments (list in packet assembly order): 1. Attachment A 2. Resolution 3. Quit Claim Deed 4. Grant of Access Easement 2

RESOLUTION NO. 2013-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING A QUIT CLAIM DEED TERMINATING AN EXISTING ACCESS EASEMENT, AND APPROVING AND AUTHORIZING A GRANT OF ACCESS EASEMENT TO RURAL CALIFORNIA BROADCASTING CORPORATION (KRCB), 5850 LABATH AVE. WHEREAS, the City conveyed a temporary access easement to KRCB via deed recorded on April 7, 2006 in document number 2006041455, Sonoma County Records; and and WHEREAS, the City has requested relinquishment of the temporary easement by KRCB; WHEREAS, KRCB has agreed to relinquish the temporary access easement pursuant to a Quit Claim Deed in the form attached hereto (the Quit Claim Deed ), and has requested that the City provide a replacement access easement pursuant to a Grant of Access Easement in the form attached hereto (the Grant of Access Easement ); and WHEREAS, pursuant to Government Code Section 65402, on January 24, 2013 the City Planning Commission found the Quitclaim Deed and Grant of Access Easement to be consistent with the City s General Plan for the actions described in this Resolution; and WHEREAS, the acceptance of the Quit Claim Deed and the provision of the Grant of Access Easement do not have the potential to cause significant effects on the environment since the proposed activities do not change land uses but only transfer access easement rights from and to the affected properties, and therefore, the activities are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines which exempts activities that do not have the potential to cause significant effects on the environment. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: Section 1. Acceptance of Quit Claim Deed. The City Council of the City of Rohnert Park hereby approves the Quit Claim Deed, and authorizes and directs the City Manager of the City of Rohnert Park ( City Manager ) to execute a Certificate of Acceptance accepting the Quit Claim Deed substantially in similar form attached hereto for and on behalf of the City of Rohnert Park. Section 2. Grant of Access Easement. The City Manager is hereby authorized and directed to execute and deliver the Grant of Access Easement in substantially similar form as attached hereto.

Section 3. Consistency with General Plan. Pursuant to Government Code Section 65402, the City Council hereby affirms and accepts the City Planning Commission s recommended finding that the actions described in this Resolution are consistent with the City s General Plan. Section 4. City Clerk Authorization. The City Clerk of the City of Rohnert Park is hereby authorized and directed to cause a certified copy of this Resolution to be recorded with both the Quit Claim Deed and the Grant of Access Easement in the office of the Sonoma County Recorder, State of California. DULY AND REGULARLY ADOPTED this 12th day of February, 2013. CITY OF ROHNERT PARK ATTEST: Pam Stafford Mayor JoAnne Buergler City Clerk Attachment: Quit Claim Deed and Grant of Easement AHANOTU: BELFORTE: MACKENZIE: CALLINAN: STAFFORD: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 2 of 2 2013-016

Recording Requested by and when Recorded, return to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: Rick Pedroncelli EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103, 27383 Space above this line for Recorder s Use. QUIT CLAIM DEED TERMINATION OF ACCESS EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Rural California Broadcasting Corporation, a California nonprofit public benefit corporation ( Corporation ) does hereby remise, release and quitclaim to the City of Rohnert Park, a municipal corporation ( City ), all right, title and interest held by Corporation in the real property (the Property ) situated in Sonoma County, California, described on Exhibit A, attached hereto and incorporated herein by this reference. The foregoing is undertaken for the purpose of terminating the grant of easement for temporary access granted by City to Corporation pursuant to that certain Grant Deed recorded as instrument 2006041455 on April 7, 2006 in the Official Records of Sonoma County. Dated as of:, 2013 RURAL CALIFORNIA BROADCASTING CORPORATION, a California nonprofit public benefit corporation By: Name: Authorized Signatory 1084023-1 OAK #4845-6374-5553 v1

State of California ) ) County of Sonoma ) On, 20, before me,, (here insert name and title of the officer), personally appeared, who provided 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) 1084023-1 OAK #4845-6374-5553 v1

Exhibit A PROPERTY AN EASEMENT for temporary access purposes over that portion shown as 20 Temporary Access Easement in favor of Lot 2, as shown upon Parcel Map # 175, filed in the office of the County Recorder on July 14, 2005, in Book 679 of Maps, Pages 13, 14 and 15, Sonoma County Records. 1084023-1 OAK #4845-6374-5553 v1

CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quit Claim Deed Termination of Access Easement ( Quit Claim Deed ) dated, 2013, from Rural California Broadcasting Corporation, a California nonprofit public benefit corporation ( Grantor ) to the City of Rohnert Park, a municipal corporation ( City ) is hereby accepted by the undersigned on behalf of the City pursuant to authority conferred by Resolution No. 2013-, adopted by the City on, 2013, and that the City consents to recordation of the Quit Claim Deed by its duly authorized officer. Dated, 2013 By: Name: Title: 1084023-1 OAK #4845-6374-5553 v1

Recording Requested by and when Recorded, return to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: Rick Pedroncelli EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103, 27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE) GRANT OF ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (this Agreement ) is entered into effective as of, 2013 by and between the City of Rohnert Park, a municipal corporation ( Grantor ) and Rural California Broadcasting Corporation, a California nonprofit public benefit corporation ( Grantee ). Grantor and Grantee are hereinafter referred to collectively as the Parties. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Grantor is the fee owner of that certain real property located in Sonoma County, California and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the Property ). Grantor hereby grants to Grantee a permanent nonexclusive easement across the area described and depicted in Exhibit B attached hereto (the Easement Area ) for the purpose of providing vehicular ingress, egress and access to and from Grantee s property located adjacent to the Property, solely for the purpose of maintaining, repairing, replacing, reconstructing and reinstalling communications devices and other utility structures and systems and devices located now, or in the future on Grantee s property and for no other purpose. 2. Installation of Gravel Roadway Surface. Grantee shall be permitted to install a gravel roadway surface in the Easement Area. If Grantee elects to do so, then within thirty (30) days following delivery to Grantor of an invoice accompanied by payment receipts and such other documentation as Grantor may reasonably require, Grantor shall reimburse Grantee for such work in an amount up to One Thousand Dollars ($1,000) for materials and up to an additional One Thousand Dollars ($1,000) for labor costs. Grantor s reimbursement obligations pursuant to this Section 2 shall apply only to Grantee s initial installation of gravel in the Easement Area. 3. Maintenance. Grantee shall, at Grantee s sole expense without reimbursement, keep the Easement Area free of litter, debris and refuse, and with the exception of the reimbursement provisions described in Section 2 above, Grantee shall be solely responsible for the cost to maintain the Easement Area, including the roadway surface. 1305546-1 OAK #4816-4601-7297 v1

4. Indemnity. Grantee shall indemnify, defend and hold harmless Grantor (and its successors and assigns) from and against any and all claims, demands, liabilities, judgments, losses, costs and expenses (including reasonable attorneys fees and expenses) arising from or related to Grantee s maintenance or use of the Easement Area including, but not limited to, any damage to property or injury to or death of any person, except to the extent the same are caused by the negligence or willful misconduct of Grantor, or any of Grantor s employees, agents, contractors and representatives. 5. Miscellaneous. 5.1 Notices. All notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. Grantor: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928-2411 Attention: City Manager Grantee: Rural California Broadcasting Corporation 5850 Labath Ave. Rohnert Park, CA 94928 Attention: President 5.2 Entire Agreement. This Agreement constitutes the entire understanding of Grantor and Grantee with respect to the subject matter hereof and supersedes all prior oral or written communications with respect thereto. 5.3 Amendment. This Agreement may be terminated or modified only by the written consent of the Grantor and Grantee or their successors or assigns, evidenced by a document that has been fully executed, acknowledged and recorded in the Official Records of Sonoma County, California. 5.4 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, 1305546-1 OAK #4816-4601-7297 v1

shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 5.5 Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind. 5.6 Recordation. Following execution by all parties, this Agreement shall be recorded in the Official Records of Sonoma County. 5.7 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Sonoma County, California or in the Federal District Court for the Northern District of California. 5.8 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE(S). 1305546-1 OAK #4816-4601-7297 v1

IN WITNESS WHEREOF, the Parties have executed this Access Easement Agreement as of the date first written above. CITY OF ROHNERT PARK, a municipal corporation By: Name: Title: Attest: City Clerk Approved as to form: City Attorney Rural California Broadcasting Corporation, a California nonprofit public benefit corporation By: Name: Title: 1305546-1 OAK #4816-4601-7297 v1

State of California ) ) County of Sonoma ) On, 20, before me,, (here insert name and title of the officer), personally appeared, who provided 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) State of California ) ) County of Sonoma ) On, 20, before me,, (here insert name and title of the officer), personally appeared, who provided 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) 1305546-1 OAK #4816-4601-7297 v1

Exhibit A PROPERTY The REMAINING LANDS as shown on Parcel Map No. 180 filed for record in Book 736 of Maps, Pages 30, 31 and 32, in the office of the County Recorder of the County of Sonoma, State of California, containing 0.17 acres. 1305546-1 OAK #4816-4601-7297 v1

Exhibit B ACCESS EASEMENT AREA Being a portion of the REMAINING LANDS as shown on Parcel Map No. 180 filed for record in Book 736 of Maps, Pages 30, 31 and 32, in the office of the County Recorder of the County of Sonoma, State of California, more particularly described as follows; A strip of land being 20 feet wide lying adjacent to and east of the westerly lines of the said REMAINING LANDS, end of description. Easement area also depicted on attached graphic Exhibit B-1. 1305546-1 OAK #4816-4601-7297 v1

Legend Counties City Boundary Urban Growth Boundary Rail Road Lake Creek Park Landmarks Parcels 1: 1,154 Notes 0.0 0 0.02 0.04Miles This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION