2008/08/12 City Council Resolution 2008-124RESOLUTION NO. 2008-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER AND /OR HIS/HER DESIGNEE TO ACCEPT
ON THE CITY'S BEHALF ALL INTERESTS IN REAL PROPERTY
WHEREAS, Government Code Section 27281 provides that instruments conveying an
interest in real property to the City may not be recorded without a Certificate of Acceptance from
the City Council;
WHEREAS, Government Code Section 27281 also provides that the City Council may,
by a general resolution, authorize one or more officers to accept instruments conveying an
interest in real property by executing a Certificate of Acceptance; and
WHEREAS, the City Council desires to delegate to the City Manager and /or his/her
designee, the authority to accept all real property interests on behalf of the City conveyed by way
of an "Offer of Dedication ", "Rights of Entry" and "Minor Property Acquisition ".
NOW THEREFORE, the City Council of the City of Rohnert Park does hereby resolve that:
1. The City Manager and /or his/her designee may accept on behalf of the City Council all rights
of entry so long as each right of entry is memorialized in a written document signed by the
property owner.
2. The City Manager and /or his/her designee may accept on behalf of the City Council offers of
dedication of an easement, right of way or fee interest in real property so long as each offer is
evidenced by a written instrument signed by the offering property owner.
3. The City Manager and /or his/her designee may accept on behalf of the City Council all
property acquisitions of an easement or fee interest in real property so long as a written
instrument is signed by the seller.
4. The City Manager and /or his/her designee may accept on behalf of the City Council all other
interest in real property, not stated in Paragraphs 1, 2 and 3 above, in accepting all subdivision
map offers of dedication.
5. The City Clerk shall utilize the Certificate of Acceptance attached hereto as Exhibit "A" and
record the Certificate along with the instrument conveying the offer of dedication or minor
property acquisition with the County Recorder.
6. Prior to accepting any offer of dedication, right of entry or minor property acquisition the City
Attorney shall ensure the document or instrument is in a legally acceptable format.
7. The City Clerk shall not separate or divide real property interests into several, separate
interests in order to achieve a delegable right of entry, offer of dedication or minor property
acquisition hereunder.
BE IT FURTHER RESOLVED that the City Manager and /or his/her designee is hereby
authorized and directed to execute documents for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 12th day of August, 2008.
ATTEST:
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City Clete I U 1,n
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CITY OF ROHNERT PARK
BRT P;7
4-
Mayor
BREEZE: ABSENT SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
Exhibit "A"
CERTIFICATE OF ACCEPTANCE
This is to certify the interest in real property conveyed herein is hereby accepted
by order of the Council of the City of Rohnert Park pursuant to Council
Resolution/Ordinance No. ,
Dated , 2008
and grantee consents to recordation thereof by its duly authorized officer.
CITY OF ROHNERT PARK
a Municipal Corporation
By: , Stephen R. Donley, City Manager
Dated: