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Attachment 15 - County Counsel Legal Opinion

Santa Rosa City Council
July 11, 2023

Document
Attachment 15 - County Counsel Legal Opinion
Meeting
July 11, 2023
Body
Santa Rosa City Council
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

COUNTY ADMINISTRATION CENTER
575 ADMINISTRATION DRIVE,
ROOM 105A
SANTA ROSA, CALIFORNIA 95403
TELEPHONE: (707) 565-2421
FACSIMILE: (707) 565-2624

ASSISTANT COUNTY COUNSEL
ROBERT H. PITTMAN
Via Email
Sonoma County Permit &
Resource Management Department
Attention: Melinda Grosch
2550 Ventura Avenue
Santa Rosa, CA 95403
RE: Roseland Village

OFFICE OF THE COUNTY

COUNSEL
BRUCE D. GOLDSTEIN
County Counsel
July 24, 2017
Sonoma County Assessc .. Parcel Number 125-111-3 7
Dear Ms. Grosch,

CHIEF DEPUTIES

DEBBIE F, LA THAM 'ALEGRIA OE LA CRUZ
JEFFREY M. BRAX PHYLLIS C, GALLAGHER

DEPUTIES
JEFFREY l. BERK
LINDA D. SCHILTGEN
JENNIFER C. KLEIN
MARGARET A. SINGLETON
. CORY W. O'DONNELL

TAMBRA CURTIS
LISA A. PHEA TT

JOSHUA A, MYERS

HOLLY RICKETT

VERNE BALL

IAN TRUEBLOOD

ADAM BRAND

ELIZABETH COLEMAN WITH
July 24, 2017

LAUREN WALKER

PETRA BRUGGISSER

LESLIE THOMSEN
LESLEY A. PAK
CHRISTA L. SHAW

MICHAEL KING

KARA ABELSON

DIANA E, GOMEZ

ALDO MERCADO

ASHLE CROCKER

TERRY GROSS
KATHERINE P. MCGRATH
NICOLAS R. OLIVER
This letter responds to recent allegations by Mr. Paulsen related to the Reciprocal Parking and Driveway Easement, created in the document entitled "Grant of Reciprocal Easements" executed on July 25, 19561 ("Easement") between Sonoma County Assessor Parcel Number 125-111-37 ("Commission Property") and a portion of Sonoma County Assessor Parcel Number 125-111-45, 46, 47 and 48 ("Paulsen Property").

As set forth below, it is the conclusion of the Office of County Counsel that the terms of the Easement do not prevent or limit the development of the Roseland Village on the Commission Property as currently proposed. The Easement does not bar the development of the Commission Property, nor does the development of the Commission Prope1ty overburden the Easement. As such, there is no reason that Permit Sonoma should not continue with its review of the proposed plans of the Commission Prope1ty.

A. Background
On July 25, 1956, Roseland Village and Codding Enterprises executed the Easement. At the time of the Easement's creation, Roseland Village owned the parcels that make up the cunent Commission Prope1ty. Codding Enterprises owned a portion of what is today the Paulsen Prope1ty.

The Paulsen Property has since expanded beyond what was originally owned by Codding Enterprises and, thus, what is the beneficiary of the Easement. When the Easement was created, the Commission Prope1ty and the relevant po1tion of the Paulsen Prope1ty contained various store buildings (and parking spaces to serve those stores), together, lmown as the Roseland Village shopping center.
1 Recorded in Book 1467 Page 415 of the Official Records Attachment 15

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