PUBLIC UTILITY EASEMENT AGREEMENT
This PUBLIC UTILITY EASEMENT AGREEMENT (This “Agreement”) is made and entered into effective as of this day of _ , 2022, by Sandell Holdings LLC, a California limited liability company (“Grantor”) and the CITY OF COTATI, a municipal corporation (“Grantee”), with reference to the following facts and intentions:
Recitals
WHEREAS, The Grantor is the owner in fee of real property commonly known as 380 Blodgett Street, located in the City of Cotati, Assessor’s Parcel No. 046-073-006-000, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (“the Property”).
WHEREAS, the Grantor is willing to grant to the Grantee and the Grantee is willing to accept a public utility easement over those certain portions of the property more particularly described in the legal description attached hereto as Exhibit “B” (the “Easement Area”), for the purpose of the installation and maintenance of public utilities.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:
1. Grant of Easement. The Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive, perpetual easement in, on, over, under, or through the Easement Area for the installation and maintenance of public utilities (“Easement”).
This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Cotati
City Hall
201 West Siena Ave.
Cotati, CA 94928
2. Restrictions on Use of Easement Area. The Grantor agrees that it will not use the Easement Area in any way that will interfere with the future use of the Easement Area.
3. Use of Property Prior. The Grantor and its successors and assigns shall, at the Grantor’s sole cost and expense without reimbursement, be obligated to maintain, repair, reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Notwithstanding the foregoing, the Grantee shall promptly restore and repair, at its sole expense, any damage to the Easement Area caused by or on behalf of the Grantee. When undertaking any excavation, maintenance, construction or repair work within the Easement Area, the Grantee shall utilize diligent good faith efforts to ensure that the work is undertaken expeditiously and in a manner that reasonably minimizesinterference with the use of the property and the Easement Area.
4. Rights of Grantor. The 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.
5. Recordation and Binding on Successors. This Agreement shall be recorded in the Recorder’s Office in the County of Sonoma (“Recorder’s Office”) and, upon such recordation, shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parities hereto.
6. Exclusivity. The Easement granted hereunder is non-exclusive and the 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.
The person or persons executing this Offer on behalf of Offeror warrants and represents that he or she is authorized to execute this Agreement on behalf of himself/herself and on behalf of the entity on whose behalf he/she executes the Agreement.
7. Term of Agreement. This Agreement and the Easement contained herein may be terminated upon mutual written consent of the parties and thereafter recorded in the Recorder’s Office.
8. 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 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.
9. 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.
10. 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: Albert Sandell
Sandell Holdings LLC
3348 Paradise Drive
Tiburon, CA 94920
Phone: (650) 224-3274
Email: [email protected]
If to Grantee: City of Cotati
City Hall
201 W. Sierra Avenue
Cotati, CA 94931
Attn: City Manager
Phone: (707) 792-4600
Email: _
11. No Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in, or consent to, any other, further or succeeding breach of the same or any other term, covenant, or condition.
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. The 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 patty 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. Relationship Between the Parties; Authority. This Agreement does not create any partnership, joint venture, or agency among the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. No Party is an agent of any other Party, and no Party has authority to act on behalf of or to bind any other Party to any obligation whatsoever. 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.
15. 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· and litigated solely in the Superior Court of Sonoma County, California.
16. 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.
17. 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.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.
GRANTEE:
CITY OF COTATI
a municipal corporation
BY:
NAME:
TITLE:
GRANTOR:
SANDELL HOLDINGS LLC
A California limited liability company
BY: The Albert and Ginny Sandell Trust, dated
December 14, 2016
___________________________
Albert W. Sandell
Co-Trustee
Date: ______________________
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE:
LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 66, UNDER RECORDER'S SERIAL NO. G-93896, SONOMA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 72, UNDER RECORDER'S SERIAL NO. G-93898, SONOMA COUNTY RECORDS.
PARCEL TWO:
ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.
BLODGETT AND DORIS BLODGETT, HIS WIFE, DATED FEBRUARY 9, 1962 AND RECORDED MAY 25, 1962, IN BOOK 1892, PAGE 85 OF OFFICIAL RECORDS, UNDER RECORDER'S SERIAL NO. G-93901, SONOMA COUNTY RECORDS, THAT LIES BETWEEN THE NORTHEASTERLY
EXTENSION OF THE EASTERLY LINE AND THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
This description was prepared by me or under my direct supervision.
Date: March 14, 2022
Brian L. Sousa, LS 7917
EXHIBIT B
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:
Being a portion of Lot 172 as numbered and designated upon the Map of Subdivision No. 7 Rancho Cotati, filed June 7, 1893, in Book 10 of Maps, Page 9, in the Office of the Sonoma County Recorder, more particularly described as follows:
1. Commencing at the southwest corner of Lot 4 as said lot is shown on the subdivision map entitled “Kandy Business Park”, filed June 19, 2001 in Book 622 of Maps at Pages 14 through 16, in the Office of the Sonoma County Recorder, said corner being coincident with the most northerly corner of Blodgett Street as shown on said map of Kandy Business Park;
2. Thence along the westerly line of said Kandy Business Park South 37°01’10” West, 60.00 feet to the most westerly corner of said Blodgett Street, also being the northwesterly corner of Lot 5 as shown on said map of Kandy Business Park;
3. Thence continuing along said westerly line of Kandy Business Park South 37°01’10” West 1.23 feet to the Point of Beginning for this description also being the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;
4. Thence westerly along said curve for an arc length of 21.02 feet through a central angle of 30°52'29" to a reverse curve to the right having a radius of 59.00 feet;
5. Thence along said reverse curve for an arc length of 278.53 feet through a central angle of 270°29'21" to a reverse curve to the left having a radius of 39.00 feet;
6. Thence along said reverse curve for an arc length of 20.93 feet through a central angle of 30°44'47" to a point on said westerly line of Kandy Business Park;
7. Thence along said westerly line North 37°01’10” East 5.19 feet to a curve that is concentric to the last described curve, the radius point of which bears North 53°47’52” East, 34.00 feet from said point;
8. Thence along said curve for an arc length of 16.94 feet through a central angle of 28°32'38" to the beginning of a reverse curve to the left having a radius of 64.00 feet;
9. Thence along said curve for an arc length of 33.92 feet through a central angle of 30°21'55";
10. Thence North 28°43’02” East 18.33 feet;
11. Thence North 61°17’51” West 14.73 feet;
12. Thence South 28°42'36" West, 14.00 feet to the beginning of a non-tangent curve to the left, the radius point of which bears South 38°11'50" West, 64.00 feet from said point;
13. Thence westerly along said curve for an arc length of 252.83 feet through a central angle of 226°20'41" to a reverse curve to the right with a radius of 34.00 feet;
14. Thence along said reverse curve for an arc length of 17.04 feet through a central angle of 28°43'03"to a point on said westerly line of Kandy Business Park;
15. Thence along said westerly line North 37°01’10” East 5.18 feet to said Point of Beginning.
Containing an area of 1,875 square feet, more or less.
The bearings of this description are based upon said subdivision map of the Kandy Business Park.
A plat depicting the described area is attached hereto and hereby made a part of this description.
This description was prepared by me or under my direct supervision.
Date: February 24, 2022
Brian L. Sousa, LS 7917
30 15 0 30 Sousa Land Surveys SLS Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date: NS W E EXHIBIT B PLAT OF PUBLIC UTILITY EASEMENT
WATER LINE EASEMENT AGREEMENT
This WATER LINE EASEMENT AGREEMENT (This “Agreement”) is made and entered into effective as of this day of , 2022, by Sandell Holdings LLC, a California limited liability company (“Grantor”), and the CITY OF COTATI, a municipal corporation (“Grantee”), with reference to the following facts and intentions:
Recitals
WHEREAS, The Grantor is the owner in fee of real property commonly known as 380 Blodgett Street, located in the City of Cotati, Assessor’s Parcel No. 046-073-006-000, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (“the Property”).
WHEREAS, the Grantor’s Distribution Warehouse Use Permit is conditioned upon providing a 15’ wide water line easement in favor of the Grantee.
WHEREAS, the Grantor is willing to grant to the Grantee and the Grantee is willing to accept a water line easement over those certain portions of the property more particularly described in the legal description attached hereto as Exhibit “B” (the “Easement Area”), for the purpose of the installation and maintenance of a future water main.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:
This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Cotati
City Hall
201 West Siena Ave.
Cotati, CA 94928
1. Grant of Easement. The Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive, perpetual easement in, on, over, under, or through the Easement Area for the installation, operation, and maintenance of a water line for water line purposes (“Easement”).
2. Restrictions on Use of Easement Area. The Grantor agrees that it will not use the Easement Area in any way that will interfere with the future use of the Easement Area.
3. Use of Property. The Grantor and its successors and assigns shall, at the Grantor’s sole cost and expense without reimbursement, be obligated to maintain, repair, reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Notwithstanding the foregoing, the Grantee shall promptly restore and repair, at its sole expense, any damage to the Easement Area caused by or on behalf of the Grantee. When undertaking any excavation, maintenance, construction or repair work within the Easement Area, the Grantee shall utilize diligent good faith efforts to ensure that the work is undertaken expeditiously and in a manner that reasonably minimizesinterference with the use of the property and the Easement Area.
4. Rights of Grantor. The 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.
5. Recordation and Binding on Successors. This Agreement shall be recorded in the Recorder’s Office in the County of Sonoma (“Recorder’s Office”) and, upon such recordation, shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parities hereto.
6. Exclusivity. The Easement granted hereunder is non-exclusive and the Grantor reserves the right to use and grant other easement rights ain 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.
The person or persons executing this Offer on behalf of Offeror warrants and represents that he or she is authorized to execute this Agreement on behalf of himself/herself and on behalf of the entity on whose behalf he/she executes the Agreement.
7. Term of Agreement. This Agreement and the Easement contained herein may be terminated upon mutual written consent of the parties and thereafter recorded in the Recorder’s Office.
8. 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 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.
9. 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.
10. 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: Albert Sandell
Sandell Holdings LLC
3348 Paradise Drive
Tiburon, CA 94920
Phone: (650) 224-3274
Email: [email protected]
If to Grantee: City of Cotati
City Hall
201 W. Sierra Avenue
Cotati, CA 94931
Attn: City Manager
Phone: (707) 792-4600
Email: _
11. No Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in, or consent to, any other, further or succeeding breach of the same or any other term, covenant, or condition.
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. The 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 patty 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. Relationship Between the Parties; Authority. This Agreement does not create any partnership, joint venture, or agency among the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. No Party is an agent of any other Party, and no Party has authority to act on behalf of or to bind any other Party to any obligation
whatsoever. 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.
15. 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· and litigated solely in the Superior Court of Sonoma County, California.
16. 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.
17. 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.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.
GRANTEE:
CITY OF COTATI
a municipal corporation
BY:
NAME:
TITLE:
GRANTOR:
SANDELL HOLDINGS LLC
A California limited liability company
BY: The Albert and Ginny Sandell Trust, dated
December 14, 2016
___________________________
Albert W. Sandell
Co-Trustee
Date: _____________________
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE:
LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 66, UNDER RECORDER'S SERIAL NO. G-93896, SONOMA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 72, UNDER RECORDER'S SERIAL NO. G-93898, SONOMA COUNTY RECORDS.
PARCEL TWO:
ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.
BLODGETT AND DORIS BLODGETT, HIS WIFE, DATED FEBRUARY 9, 1962 AND RECORDED MAY 25, 1962, IN BOOK 1892, PAGE 85 OF OFFICIAL RECORDS, UNDER RECORDER'S SERIAL NO. G-93901, SONOMA COUNTY RECORDS, THAT LIES BETWEEN THE NORTHEASTERLY
EXTENSION OF THE EASTERLY LINE AND THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
This description was prepared by me or under my direct supervision.
Date: March 14, 2022
Brian L. Sousa, LS 7917
EXHIBIT B
LEGAL DESCRIPTION
WATER LINE EASEMENT
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:
Being a portion of Lot 172 as numbered and designated upon the Map of Subdivision No. 7 Rancho Cotati, filed June 7, 1893, in Book 10 of Maps, Page 9, in the Office of the Sonoma County Recorder, more particularly described as follows:
1. Commencing at the southwest corner of Lot 4 as said lot is shown on the subdivision map entitled “Kandy Business Park”, filed June 19, 2001 in Book 622 of Maps at Pages 14 through 16, in the Office of the Sonoma County Recorder, said corner being coincident with the most northerly corner of Blodgett Street as shown on said map of Kandy Business Park;
2. Thence along the westerly line of said Kandy Business Park South 37°01’10” West, 60.00 feet to the most westerly corner of said Blodgett Street, also being the northwesterly corner of Lot 5 as shown on said map of Kandy Business Park;
3. Thence continuing along said westerly line 1.23 feet to the Point of Beginning for this description also being the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;
4. Thence westerly along said curve for an arc length of 16.93 feet through a central angle of 24°52'03";
5. Thence parallel with said westerly line South 37°01’10” West 105.91 feet to the southwesterly line of said Lot 172;
6. Thence along said southwesterly line South 52°58'50" East, 15.00 feet to said westerly line of Kandy Business Park;
7. Thence along said westerly line North 37°01'10" East, 113.47 feet to said Point of Beginning.
Containing an area of 1,656 square feet, more or less.
The bearings of this description are based upon said subdivision map of the Kandy Business Park.
A plat depicting the described area is attached hereto and hereby made a part of this description.
This description was prepared by me or under my direct supervision.
Date: February 24, 2022
Brian L. Sousa, LS 7917
30 15 0 30 Sousa Land Surveys SLS Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date: NS W E EXHIBIT B PLAT OF WATERLINE EASEMENT
Space above this line for recorder's use
IRREVOCABLE OFFER OF DEDICATION
This Irrevocable Offer of Dedication (“Offer”) is made and effective this , 2022, by Sandell Holdings LLC, a California limited liability company (“Offeror”) for exclusive acceptance by the CITY OF COTATI, a municipal corporation (“City”).
day of
Recitals
WHEREAS, California Government Code § 7050 provides that, with the consent of the City, an irrevocable offer of dedication may be granted for any public purpose, and that dedication may be made by instrument executed, acknowledged, and recorded in the same manner as a conveyance of real property.
WHEREAS, Offeror is the owner in fee of real property commonly known as 380 Blodgett Street, located in the City of Cotati, Assessor’s Parcel No. 046-073-006-000, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (“the Project Site”).
This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:
City of Cotati
City Hall
201 West Siena Ave.
Cotati, CA 94928
WHEREAS, Offeror's plans to develop the site are conditioned upon providing a dedication of the Blodgett Street cul-de-sac for public Right of Way purposes.
WHEREAS, in conjunction with the condition, Offeror consented to offer for dedication of fee interest to the City that certain portion of the Project Site which is more particularly described in the legal description attached hereto and incorporated herein as Exhibit B, being approximately a 58’ radius cul-de-sac, for the purpose of roadway dedication and public improvements (“the Dedication Area”).
NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Offer Of Dedication. Offeror does hereby offer to dedicate in fee the Dedication Area for street, highway, public pedestrian, landscaping, and other public purposes.
2. Time And Manner Of Acceptance.
2.1 The City of Cotati shall not accept, expressly or impliedly, this Offer of Dedication unless and until the public improvements are constructed. The Dedication Area or any part thereof may only be accepted by Resolution of the City Council of the City of Cotati and not in any other manner. Any purported acceptance of this Offer by or on behalf of the City, other than in this manner, shall be null and void and of no force or effect.
2.2 In accordance with Government Code Section 7050, this Offer shall remain in effect until accepted by Resolution of the City Council. This Offer may not be terminated, or the right to accept the Offer abandoned, except by Resolution of the City Council in the same manner as prescribed forsummary vacation of streets or highways by Part 3 (commencing with Section 8300) of division 9 of the Streets and Highways Code.
2.3 Upon acceptance of the Dedication Area, the City shall mail, by U.S. certified postal, a copy of its Resolution of Acceptance to the then owners of the Site at the address shown on the latest County of Sonoma secured assessment roll and at the address listed in this Offer for notices.
3. Use Of Property Prior To Acceptance Of Offer.
3.1 The City shall incur no liability with respect to this Offer and shall not assume any responsibility for the Dedication Area or any improvements to the Dedication Area except to the extent that the Dedication Area has been accepted by appropriate action of the City Council.
3.2 Before the lawful acceptance of this Offer by the City, Offeror agrees that it will not use the Dedication Area in any way that will interfere with the future use of the Dedication Area.
4. 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 Offeror: Albert Sandell
Sandell Holdings LLC
3348 Paradise Drive
Tiburon, CA 94920
Phone: (650) 224-3274
Email: [email protected]
If to City: City of Cotati
City Hall
201 W. Sierra Avenue
Cotati, CA 94931
Attn: City Manager
Phone: (707) 792-4600
Email: _
5. Offer Runs With Land. The provisions of this Offer shall inure to the benefit of and be binding upon the owners of the Project Site and their heirs, successors, or assigns, and any other person claiming an interest in the Project Site through them.
6. Authority To Execute. The person or persons executing this Offer on behalf of Offeror warrants and represents that he or she is authorized to execute this Agreement on behalf of himself/herself and on behalf of the entity on whose behalf he/she executes the Agreement.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.
GRANTEE:
CITY OF COTATI
a municipal corporation
BY:
NAME:
TITLE:
GRANTOR:
SANDELL HOLDINGS LLC
A California limited liability company
BY: The Albert and Ginny Sandell Trust, dated
December 14, 2016
___________________________
Albert W. Sandell
Co-Trustee
Date: ______________________
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE:
LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 66, UNDER RECORDER'S SERIAL NO. G-93896, SONOMA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 72, UNDER RECORDER'S SERIAL NO. G-93898, SONOMA COUNTY RECORDS.
PARCEL TWO:
ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.
BLODGETT AND DORIS BLODGETT, HIS WIFE, DATED FEBRUARY 9, 1962 AND RECORDED MAY 25, 1962, IN BOOK 1892, PAGE 85 OF OFFICIAL RECORDS, UNDER RECORDER'S SERIAL NO. G-93901, SONOMA COUNTY RECORDS, THAT LIES BETWEEN THE NORTHEASTERLY
EXTENSION OF THE EASTERLY LINE AND THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.
This description was prepared by me or under my direct supervision.
Date: March 14, 2022
Brian L. Sousa, LS 7917
EXHIBIT B
LEGAL DESCRIPTION
BLODGETT STREET DEDICATION
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:
Being a portion of Lot 172 as numbered and designated upon the Map of Subdivision No. 7 Rancho Cotati, filed June 7, 1893, in Book 10 of Maps, Page 9, in the Office of the Sonoma County Recorder, more particularly described as follows:
1. Beginning at the southwest corner of Lot 4 as said lot is shown on the subdivision map entitled “Kandy Business Park”, filed June 19, 2001 in Book 622 of Maps at Pages 14 through 16, in the Office of the Sonoma County Recorder, said corner being coincident with the most northerly corner of Blodgett Street as shown on said map of Kandy Business Park;
2. Thence along the westerly line of said Kandy Business Park South 37°01’10” West, 60.00 feet to the most westerly corner of said Blodgett Street, also being the northwesterly corner of Lot 5 as shown on said map of Kandy Business Park;
3. Thence continuing along the said westerly line of Kandy Business Park South 37°01'10" West, 1.23 feet to the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;
4. Thence westerly along said curve for an arc length of 21.02 feet through a central angle of 30°52'29" to a reverse curve to the right having a radius of 59.00 feet;
5. Thence along said reverse curve for an arc length of 278.53 feet through a central angle of 270°29'21" to a reverse curve to the left having a radius of 39.00 feet;
6. Thence along said reverse curve for an arc length of 20.93 feet through a central angle of 30°44'47" to a point on said westerly line of Kandy Business Park;
7. Thence along said westerly line South 37°01'10" West, 1.23 feet to said Point of Beginning.
Containing an area of 11,226 square feet, more or less.
The bearings of this description are based upon said subdivision map of the Kandy Business Park.
A plat depicting the described area is attached hereto and hereby made a part of this description.
This description was prepared by me or under my direct supervision.
Date: March 14, 2022
Brian L. Sousa, LS 7917
30 15 0 30 Sousa Land Surveys SLS Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date: NS W E EXHIBIT B PLAT OF BLODGETT STREET DEDICATION