2012/08/28 City Council Resolution 2012-98RESOLUTION NO. 2012 -98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE RELINQUISHMENT OF PROPERTIES FROM THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION, INCORPORATING THE
RIGHTS OF WAY INTO THE CITY'S CIRCULATION SYSTEM, AND WAIVING THE
NINETY DAYS' NOTICE OF INTENTION TO RELINQUISHMENT
WHEREAS, pursuant to Section 73 of the California Streets and Highway Code, the
California Transportation Commission (CTC) may relinquish any frontage or service road, which
has a right -of -way of 40 feet or more in width, or non - motorized transportation facility, within
the limits of a city or county, which has been constructed as part of a state highway project but
does not constitute a part of main travelled roadway, provided the city or county has adopted a
resolution consenting to the resolution; and
WHEREAS, the State of California, Department of Transportation (Caltrans) desires to
relinquish to the City of Rohnert Park (City) three Segments of Caltrans right -of -way shown on
the relinquishment maps titled REL. NO. 56107 (5 sheets) which are included as Exhibit A to the
resolution; said right -of -way segments were acquired for the purposes of constructing the
Caltrans Wilfred /US 101 Interchange project but do not constitute a part of the state highway;
and
WHEREAS, the City agrees to accept the relinquishment of these segments of right -of-
way upon approval of the relinquishment by the CTC; and
WHEREAS, pursuant to Section 1806(b) of the California Streets and Highway Code,
the City accepts the portion of the roadway within these segments into the City street system; and
WHEREAS, the City agrees to waive the ninety (90) days' notice of "Intention to
Relinquish" requirement contained in Section 7' ) of the California Streets and Highway; and
WHEREAS, section 15061 (b) (3) of the CEQA Guidelines exempts activities that are
covered under the general rule that CEQA applies only to projects that have the potential to cause
significant effects on the environment. Where it can be seen with certainty that there is no
possibility the activity in question may have a significant effect upon the environment, the
activity is not subject to CEQA. The proposed activity only transfers the ownership and
maintenance responsibilities for these roadway segments from the State to the City; the use of the
land as right -of -way does not change. Therefore, this activity is exempt from CEQA because
there is no possibility for it to have an effect on the environment; and
WHEREAS, pursuant to Section 73 of the California Streets and Highway Code
relinquishment shall be by resolution. A certified copy of the resolution shall be filed by the City
Clerk. A certified copy of the resolution shall also be recorded in the office of the recorder of the
county where the land is located and upon its recordation, all right, title, and interest of the state
JH- S:05 -d
in and to that portion of any state highway shall vest in the City, and that highway or portion
thereof shall thereupon constitute a city street; and
WHEREAS, the acceptance of the right -of -way from CalTrans is exempt from
compliance with the provisions of Government Code 65402 because this action involves a real
property acquisitions for street alignment purposes and is minor in nature.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby accepts the fee interest in those segments of right -of -way depicted in
Exhibit A from Caltrans and hereby incorporates them into the City street system.
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park does
hereby finds that the provisions of Government Code section 65402 are inapplicable to this real
property transfer because it involves a minor street alignment and hereby waive the ninety (90)
days' notice of "Intention to Relinquish" requirement contained in Section 73 of the California
Streets and Highway Code.
BE IT FURTHER RESOLVED that the City Manager of the City of Rohnert Park is
hereby authorized and directed to execute the appropriate acceptance of the relinquished right -of-
way segments for and on behalf of the City of Rohnert Park.
BE IT FURTHER RESOLVED that 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 in the
office of the Recorder of Sonoma County, State of California for and on behalf of the City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 28th day of August, 2012.
ATTEST:
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City Clerk
CITY OF ROHNERT PARK
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Mayor
AHANOTU: AYE BELFORTE: AYE CALLINAN: ABSENT STAFFORD: AYE MACKENZIE: AYE
AYES: ( 4 ) NOES: ( 0 ) ABSENT: ( 1 ) ABSTAIN: ( 0 )
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Date
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REL. NO. 56107
CONTRACT NO.
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M -1576
DR BY: A.Z.
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CONTRACT
NO. 129654
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M A P R E F E R E N C E
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CK BY: S.N. 08/2012 A. ZHONG
SURVEYOR: A- 10322.6
BEARINGS AND DISTANCES SHOWN ARE ON
THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 2,
EPOCH 1991.35. MULTIPLY DISTANCES SHOWN BY 1.00000543
TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS
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57138 PROPOSED RIGHT OF WAY S03'46'1 7"W 36.272m
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SCALE IN METERS ACCESS PROHIBITED RELINQUISHMENT
0 20 40 60 80 AREA TO BE RELINQUISHED TO IN THE COUNTY OF
THE CITY OF ROHNERT PARK S O N O M A
1 : 500 0 CALCULATED POINT ROAD 04- SON - 101 -K.P. 22.8/24.0
P.M. 14.2/ 14.9
DR BY: A.Z. DATE: E.A. 129652 M A P R E F E R E N C E
M -1576 REL. NO. 56107 CONTRACT NO. 129654 r Flt-t-ttAISAL RECORD MONUM. OTHER SHEET 5 OF 5
CK BY: S.N. 08/2012 PROJECT A, ZHONG
_ _ SURVEYOR: A- 10322.8