Loading...
2007/11/13 City Council Resolution 2007-187RESOLUTION NO. 2007 -187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUMMARILY VACATING EXCESS PUBLIC UTILITY EASEMENT, 705 ROHNERT PARK EXPRESSWAY AND AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEED TO VIDA NUEVA PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP - APN 143 - 391 -063 (Portion) & 143 -391 -054 WHEREAS, the City Council of the City of Rohnert Park in open session on the 13th day of November, 2007, publicly examined and hereby declares the portion of Public Utility Easement, as described and shown on the attached Exhibits, to be excess right of way not required for street or highway purposes pursuant to the California Streets and Highways Code Section 8334. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the portion of Public Utility Easement, as described and shown on the attached Exhibits "A" and `B," is hereby summarily vacated. BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute the Quitclaim Deed to the Vida Nueva Partners, L.P., a California Limited Partnership. BE IT FURTHER RESOLVED the City Clerk is directed to record the Quitclaim Deed with the Sonoma County Recorders office. DULY AND REGULARLY ADOPTED this 13th day of November, 2007. CITY OF ROHNERT PARK BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: ABSENT AYES: 4) NOES: (0) ABSENT: (1) ABSTAIN: (0) RECORDING REQUESTED BY North American Title Company AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Vida Nueva Partners, L.P. 709 Sonoma Ave. Santa Rosa, Ca. 95404 A.P.N.: 143 -391 -063 (ptn) & 054 Space Above This Line for Recorder's Use Only File No.: 56402- 2924253 -LSM (Im) The Undersigned Grantor(s) Declare(s): CITY TRANSFER TAX $0.00 DOCUMENTARY TRANSFER TAX $ 0.00 SURVEY MONUMENT FEE $0.00 [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full valueless value of liens and /or encumbrances remaining at time of sale, [ ] unincorporated area; [X ] City of Rohnert Park, and SURVEY MONUMENT FEE $0.00 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is_ hereby acknowledged, City of Rohnert Park, a public body corporate and politic hereby remise, release and forever quitclaim to Vida Nueva Partners, L.P., a California Limited Partnership the following described property in the City of Rohnert Park, County of Sonoma, State of California: Legal description attached hereto and made a part hereof as Exhibit "A" This document is being recorded to vacate the easement as described in the attached Exhibit "A" legal description. Map attached hereto and made a part hereof as Exhibit "B" Dated: October 16, 2007 City of Rohnert Park, a public body corporate and politic By: Mail Tax Statements To: SAME AS ABOVE or Address Shown Below Page 1 of 2 A.P.N.: STATE OF )SS COUNTY OF ) File No.: 56402- 2924253 -LSM (Im) On , before me, Notary Public, personally appeared personally known to me (or 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. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT SITUATE IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF. CALIFORNIA. BEING A PORTION OF THE LANDS OF VIDA NUEVA PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 2007 - 082712, ALSO SHOWN AS LOT 1 AND A PORTION OF PARCEL A OF THAT CERTAIN MAP ENTITLED ROHNERT PARK PARCEL MAP, NO. 142, FILED IN BOOK 486 OF MAPS, AT PAGES 7, 8 AND 9, SONOMA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 BEING MARKED BY A PK -NAIL AND SHINER, STAMPED RCE 10578, THENCE ALONG THE EASTERLY LOT LINE SOUTH 00 °08'11" WEST, 10.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF A TEN FOOT WIDE PUBLIC UTILITY EASEMENT AS SHOWN ON SAID MAP; THENCE LEAVING SAID LOT LINE AND ALONG THE SOUTH LINE OF SAID EASEMENT NORTH 89 051'49" WEST, 25.20 FEET; THENCE NORTH 44 °51'49" WEST, 32.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EASEMENT NORTH 89 °51'49" WEST, 125.85 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 222.00 FEET; THENCE ALONG SAID CURVE 49.74 FEET, THROUGH A CENTRAL ANGLE OF 12 °50'15" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 178.00 FEET; THENCE ALONG SAID CURVE 39.89 FEET, THROUGH A CENTRAL ANGLE OF 12 °50'23'; THENCE NORTH 89 °51'49" WEST, 10.7.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1568.00 FEET; THENCE ALONG SAID CURVE 221.44 FEET, THROUGH A CENTRAL ANGLE OF 08 °05'30'; THENCE LEAVING THE SOUTH LINE OF SAID EASEMENT NORTH 08 °24'02" EAST, 5.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE TO THE NORTH WHOSE CENTER BEARS NORTH 08 °13'39" EAST, HAVING A RADIUS OF 1563.00 FEET; SAID CURVE BEING 5.00 FEET SOUTHERLY AND CONCENTRIC WITH THE NORTHERLY BOUNDARY OF SAID PARCEL A; THENCE ALONG SAID CURVE 220.72 FEET, THROUGH A CENTRAL ANGLE OF 08 °05'28 "; THENCE SOUTH 89 °51'49" EAST, 107.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 183.00 FEET; THENCE ALONG SAID CURVE 41.01 FEET, THROUGH A CENTRAL ANGLE OF 12 050'23" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 217.00 FEET; THENCE ALONG SAID CURVE 48.64 FEET, THROUGH A CENTRAL ANGLE OF 12 °50'31 "; THENCE SOUTH 89 °51'49" EAST, 120.83 FEET; THENCE SOUTH 44 051'49" EAST, 7.07 FEET TO THE POINT OF BEGINNING. CONTAINING 2,710 SQUARE FEET, MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED PARCEL MAP. GJ Hr A, I , P.L.S. 7950 EXP ION DATE 12 /31/07 se 0�rn� -- DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312, PETALUMA, CA 94954 TEL 707- 762 -3122 FAX 707 - 762 -3239 061081LD•PUEV.doc EXHIBIT "B" VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT SEE EXHIBIT "A" FOR LEGAL DESCRIPTION THIS SHEET FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY Wl R,,sss oo, 0�e,r,•5f 5' 35 P" o Exp�e�L =4$R1Z / a y -_ 10' PUE (R1) 4 ZzZZTJ�Z�� S 5.00' 3 2j ssys„ R =t 68. /- 1?7 7- 777/1! �- f -08'05'30" L= 221.44' 5.00' Parcel A 0 I.. u OJ Z a N • rL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 S 00*08SE W 10.00' N 89'51'49" W 25.20' Rps+a N 44'51'49" W 32.52' N 08'24'02" E 5.00' R= 1563.00' A= 08'05'28" L= 220.72' S 89'51'49" E 107.92' R= 183.00' A= 12'50'23" L= 41.01' R= 217.00' A= 12'50'31" L= 48.64' S 89'51'49" E 120.83' S 44'51'49" E 7.07' N 89'51'49" W 21.06' R1 N 44'51'49° W 32.53' R1 N 89'51'49" W 129.99' R1 R= 212.00' 0= 12'50'15" L= 47.50' R1 R= 188.00' A= 12'50'23" L= 42.13' R1 5.00' _ r-15 7 TIT TI1/z N 89'51'49" W 107.92' R =1 ; 6 =1 2' L =3 <. R RADIAL BEARING AREA OF VACAT /ON: 2,790 SQUARE FEET RohnertA Ar,Expressway 13 x5.00' X10 ZL7J1I712/2/ LI1Z7. 0'23" R-222.0()' N 89'51'49" W 125.85 89' d °12'50' 15" rugs' 3� L'-' x49.74' 1 10' PUE (R1) - 2 - 486 Maofts 7-9 Lot 1 VIDA NUEVA PARTNERS, L.P. DN 2007 - 082712 STEVEN J. LAFRANCHI & ASS CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 94954 707 -762 -3122 FAX 707 = 762 -3239 Z;\JOBS \Vida Nueva \Dwg \Legal Descriptions \061081LDEX1.dwg O O O M N i3 O p 0 0 0 0 fw V) V Z O J w m w w N a� LEGEND • FOUND PK NAIL & SHINER RCE 10578 R1 MAP REFERENCE 486 MAPS 7 -9, SCR POB POINT OF BEGINNING POC POINT OF COMMENCEMENT R RADIAL BEARING AREA OF VACAT /ON: 2,790 SQUARE FEET RohnertA Ar,Expressway 13 x5.00' X10 ZL7J1I712/2/ LI1Z7. 0'23" R-222.0()' N 89'51'49" W 125.85 89' d °12'50' 15" rugs' 3� L'-' x49.74' 1 10' PUE (R1) - 2 - 486 Maofts 7-9 Lot 1 VIDA NUEVA PARTNERS, L.P. DN 2007 - 082712 STEVEN J. LAFRANCHI & ASS CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS PETALUMA MARINA BUSINESS CENTER 775 BAYWOOD DRIVE, SUITE 312 PETALUMA, CALIFORNIA 94954 707 -762 -3122 FAX 707 = 762 -3239 Z;\JOBS \Vida Nueva \Dwg \Legal Descriptions \061081LDEX1.dwg O O O M N i3 O p 0 0 0 0 fw V) V Z O J w m w w N