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2012/09/25 City Council Resolution 2012-110RESOLUTION NO. 2012 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), AND AUTHORIZING THE EXECUTION OF GRANT AND EASEMENT DEEDS TO CALTRANS WHEREAS, the State of California, Department of Transportation (Caltrans) desires to acquire two segments of City right -of -way, which is more particularly described in the Right of Way Contract and shown on Exhibit A thereto, which are attached hereto and incorporated by this reference, for purposes of maintaining as part of the state freeway system; and WHEREAS, the State has appraised the value of the properties and proposes to compensate the City as consideration for transferring its real property interests these segments; 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 City to the State; 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. NOW, THEREFORE, the City Council of the City of Rohnert Park that this Council does hereby resolve, determine, find and order as follows: Section 1. Approval of Contract. The City Council of the City of Rohnert Park hereby approves the Right Of Way Contract and authorizes the City Manager to execute the agreement on behalf of the City of Rohnert Park. Section 2. Section 65402 Inapplicable. The provisions of Government Code section 65402 are inapplicable to this real property transfer because it involves a minor street alignment. Section 3. Approval of Deed. The Grant Deed and Easement Deed are approved in substantially similar form to that provided for in Exhibit A, attached hereto. Section 4. City Manager Authorization. City Manager of the City of Rohnert Park is hereby authorized and directed to execute the Grant Deed and Easement Deed provided for in Exhibit A for and on behalf of the City of Rohnert Park. Section 5. City Clerk Authorization. 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 JH- S:05 -d the Recorder of Sonoma County, State of California for and on behalf of the City of Rohnert Park. Section 6. Authorized Signatures. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption and the City Clerk, or her duly appointed deputy, is directed to attest thereto. Section 7. Severability. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. DULY AND REGULARLY ADOPTED this 25t" day of September 2012. ATTEST: City Clerk CITY OF ROHNERT PARK AHANOTU: Ma BELFORTE: Ayu CALLINAN: Nqe STAFFORD:NS5BN'r MACKENZIE: AJE AYES: ( y ) NOES: ( O ) ABSENT: ( 1 ) ABSTAIN: ( 0 ) Attachments: - Right of Way Contract - Exhibit A (2) STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY .......... Dist. Co. Rte. K.P. Exp. California Auth. 4 Son 101 24.2 129659 2012 CITY OF ROHNERT PARK, a Municipal Corporation Grantor(s) Document No.(s) 60207 and 60236 in the form of a GRANT and EASEMENT DEED, covering the property particularly described in the above instrument, has been executed and delivered to DAVID N ARS, Right of Way Agent for the State of California as described in this agreement and as shown on the map marked Exhibit A. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No.(s) 61207 and 60236 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property. Both Grantor and Grantee recognize the expense, time, effort, and risk to both Grantor and Grantee in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The State shall (A) Pay the undersigned Grantor the sum of $2,606.15 for the property or interest conveyed by above referenced document when title to said property vests in the State subject to all liens, encumbrances, assessments, easements and leases (recorded and /or unrecorded) and taxes. Page 1of4 (B) Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by the State, the premium charged therefore. 3. The undersigned Grantor(s) warrants that to the best of its knowledge that it is the owner of the property as described as parcels numbers 60207 60208 60236 50237? 60710, and 61583 and that it has the right to grant the property rights. - - y rig 4. It is understood and agreed that the sub - parcels 60207 -1 & -2, 60208 -1 60236 -1 & 60236 -4, 60237 -1 & -2, 60710 -1 and 61583 --1 are required for a temporary p y use. The parcels will be required for the State project from July 1, 2008 until December 31, 2012. In case of unpredictable delays in construction, upon written notification the terms of the Temporary Rights may be extended monthly at the rate of 50.00 P er month. Payment for the extended period shall be paid in arrears, ninety days y after the completion of the project. 6. The sub - parcels are segregated as follows: Included in clause 2A above is also payment for the temporary rights 60207 602087 602362 602377 60710, and 61583) acquired by the state for the ect. J ro' p Page 2of4 7. It is agreed and confirmed by the parties hereto that not wi II. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District 4 office, Post Office Box 23440, Oakland, CA 94623-0440. In Witness whereof, the Parties have executed this agreement the day and year first above written. APPROVED AS TO FORM. CITY OF ROHNERT PARK By GABRIEL GONZALEZ City Manager M Assistant City Attorney RECOMMENDED FOR APPROVAL: Do :J UZs DAVID MARS Right of way Agent Acquisition Services LAWRENCE o. HIGH Associate Right of way Agent Acquisition Services JASPREET S INCH District Branch Chief Rjw Acquisition Services STATE OF CALIFORNIA Department of Transportation By . ........... ... , ................ MARIA L. 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(iS�li mM11d01Qt 9i XUA FI•.111111�S�IfR11 7l3d t-9CZ09 'bttd 'A ! 90tK/M 'TP!'S11 k'Stl1 Ft3d 2.9f2Q9 'N7<d diQGt' : i09 @1114 'AM Wait 'TC PAW Ifit i7[ii'd 1 >ti1J 11FIiQtl i0 LD ri S 'i:'J 3'It dt Z 'TiY'71t '1:p{gtjg i OfB09 9tZ09 ^9•t033.7fYd 'Z t' d '2i ! f n�.. a x W Cl SEE SHEET A A- 10322:4. &5". � �•'_ F �9s _ - - - W- Lo ki Y O .- W c �x ' cOtt� I'�- t,,r. - _ _ i i i 0 , ,{« � o ° RY ! a. f i i� 1 7. c c i i� iii C( i /a/c 1 ( VJ � ' w _ CC .tab �'. �ti �•'' -, � �� �� r t , ° __ - ° .�- '�'oi 'i � "ti ar t } + P a LO ia�e7 10 10 cQ ca tq'uj _R AL co ' ' v � t Ol u •_ us N �,• r� _ x°° t9, h' aausn� cc uj US 1 Q�, t, �,►,: ! _ �„' �,• 1 ,,. Jar f �$ �� .�i` MR .. Ngl' 1. Z do kc V 4A , ♦,! kj tat- Wp ft uj gig wj� LO -all i ... � � 11. _ `f / � _� '� �.. I � 'Y ; ` � tit • .f f a w .• a. i. I - i 4- * r.i ^.� O N �• � OfS0 9L . H lei ji 133HS- 33s !�► ^ w ?IYai! (iS�li mM11d01Qt 9i XUA FI•.111111�S�IfR11 7l3d t-9CZ09 'bttd 'A ! 90tK/M 'TP!'S11 k'Stl1 Ft3d 2.9f2Q9 'N7<d diQGt' : i09 @1114 'AM Wait 'TC PAW Ifit i7[ii'd 1 >ti1J 11FIiQtl i0 LD ri S 'i:'J 3'It dt Z 'TiY'71t '1:p{gtjg i OfB09 9tZ09 ^9•t033.7fYd 'Z t' d '2i ! f n�.. a x W m x w .RECORDING REQUESTED BY STATE OF CALIFORNIA WHEN RECORDED -- RETURN TO DEPARTMENT OF TRANSPORTATION PO BOX 23440, MS -11A OAKLAND, CA 94623 -0440 GRANT DEED Distr (CORPORATION) 04 Space above this line for Recorder's Use County Route K.P. Number SON 101 24.2 00207 CITY OF ROHN,FRT PARK a - Munici al foM-- oration a corporation organized and existing under and by virtue of the laws of the State of California , does hereby GRANT to the STATE OF CALIFORNIA all that real property in the _ Cit of _Rohnert Park.. County of Sonoma , State of California, described as: Please see EXHIBIT "A" attached. Transfer Tax N of Ap pl icable: R & T Code 11911 STATE BUSINESS: Free This is to certify that this document is presented for recordation by the State of California under Government Code 27383 and is necessary to complete the chain of title of the State to property acquired by the State of California. DISTRICT DIRECTOR BY MARK L. WEAVER Deputy District Director Right of Way and Land Surveys Form RW 6-1(C) (Revised 01108) Number 60207 EXHIBIT "A" All that real property situate in the City of Rohnert Park, County of Sonoma, State of California, being those portions of PARCEL 10 of Relinquishment No. 22110 to the County of Sonoma, recorded October 2, 1959 in Book 1702, at Page 5, official Records of Sonoma County, p articul arly describ ed as fo llows Parcel 1(60207-3): COMMENCING at the most Southerly corner of said PARCEL 10; thence along the Southwesterly line of said PARCEL l0, North 36 °00'28" west, 10.793 meters to the POINT OF BEGR] N1NG; thence continuing along said Southwesterly line, Forth 36 °00'28" west, 47.094 meters to the general westerly line of said PARCEL 10; thence along last said line, North 04 °33'40" East, 41.459 meters to a point hereinafter designated as POINT "A "; thence North 81'29'17" East, 0.491 meters; thence from a tangent that bears South 08'30'43" East, along a curve to the left with a radius of 106.938 meters, through a central angle of 08'46'15", an arc length of 16.370 meters to a point of compound curvature; thence along a tangent curve to the left with a radius of 220.130 meters, through a central angle of 11'12'09", an arc length of 43.040 meters to a point of reverse curvature; thence along a tangent curve to the right with a radius of 57.718 meters, through a central angle of 16 °02'23 ", an are length of 16.158 meters to a point of compound curvature; thence along a tangent curve to the right with a radius of 10.566 meters, through a central angle of 51'18'19",, an arc length of 9.462 meters to the POINT OF BEGINNING. CONTAINING 760 square meters, more or less. This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and to said freeway. Parcel (60207 -6): Ali EASEMENT for construction and maintenance of a retaining gall and incidents thereto, upon, over, and across a strip of land 3.600 meters wide, the general westerly sideline of which being described as follows: COMMENCING at a point hereinbefore designated as POINT "A "; thence along the general westerly line of said PARCEL 10 the following five (5) courses: 1) North 04'33'40" East, 49.951 meters to the POINT OF BEGINNING; 2) continuing North 04 °33'40" East, 11 0.102 meters; 3) North 03 °26'33" west, 9.168 meters; 4) North 12 °01'03" west, 9.449 meters; and 5) Forth 03 °21'27" East, 12.591 meters to the terminus point of herein described general westerly sideline. AUG 27 2008 Nu mber 60207 dA The sidelines of said strip shall be prolonged or shortened so as to begin at a line that passes through said POINT OF BEGINNING with a bearing of South 85°26'20" East and terminate at a line that passes through said terminus point with a bearing of South 86¢38133" East. CONTAINING 509 square meters, more or less. Parcel _3 (60207 -7): An EASEMENT for footing purposes and incidents thereto, upon, over, and across a strip of land 3.600 meters wide, the general westerly sideline of which being described as follows: COMMENCING at a point hereinbefore designated as POINT "A "; thence along the general westerly line of said PARCEL 10 the following five (5) courses: 1) Forth 04 °33'40" East, 49.951 meters to the POINT OF BEGINNING.; 2) continuing North 04 °33'40" East, 110.102 meters; 3) Forth 03 °26'33" west, 9.168 meters; 4) North. 12 °01'03" west, 9.449 meters; and 5) North 03 °21'27" East, 12.591 meters to the terminus point of herein described general westerly sideline. The sidelines of said strip shall be prolonged or shortened so as to begin at a line that passes through said POINT OF BEGINNING with a bearing of South 85 °26'20" East and terminate at a line that passes through said terminus point with a bearing of South 86 °38'33" East. CONTAINING 509 square meters, more or less. Parcel 4 (60207 -1 }: TEMPORARY RIGHTS to terminate on December 31, 2012 for construction purposes and incidents thereto, upon, over and across that parcel of land described as follows: COMMENCING at the most Southerly corner of said PARCEL 10; thence along the Easterly line of said PARCEL 10, Forth 03 °56'26" East, 125.970 meters to the POINT OF BEG G; thence continuing along said Easterly line, North 03 056'26" East, 4.087 meters; thence from a tangent that bears South 89 °31' 19" Nest, along a curve to the right with a radius of 179.036 meters, through a central angle of 00 °57'07 ", an are length of 2.974 meters to a point of compound curvature, thence along a tangent curve to the right with a radius of 8.375 meters, through a central angle of 93 °12'46 ", an arc length of 13.626 meters; thence along a radial line of last said curve, North 86'18'48" west, 4.075 meters; thence from a tangent that bears South 03'41'12" west, along a curve to the left with a radius of 12.450 meters, through a central angle of 93'12'46", an arc length of 20.255 meters to a point of compound curvature; thence along a Form RW 6-1 (t:;) (itenvised 0 1i06) AUG 2 7 2006 Number 60207 --3-- tangent curve to the left with a radius of 183.111 meters, through a central angle of 00'51'12", an are length of 2.727 meters to the POINT OF BEGINNING. CONTAINING 81 square meters, more or less. Parcels (64207 -2): TEMPORARY .RIGHTS to terminate on December 31, 2012 for construction purposes and incidents thereto, upon, over and across that parcel of land described as follows: COMMENCING at the most Southerly corner of said PARCEL 10; thence along the Easterly line of said PARCEL 101 North 03'56'26"' East, 66.357 meters to the POINT OF BEGINNING; thence continuing along said Easterly line, North 03'56'26" East, 12.659 meters; thence from a tangent that bears North 13'43'40" Nest, along- a curve to the right with a radius of 76.812 meters, through a central angle of 04 °28'20 ", an arc length of 5.996 meters to a point of compound curvature; thence along a tangent curve to the right with a radius of 7.214 meters, through a central angle of 54 °23'23 ", an arc length of 6.848 meters to said Easterly line; thence along last said line, North 03 056'26" East; 5.882 meters; thence from a tangent that bears South 66 °53'46" West, along a curve to the left with a radius of 11.939 meters, through a central angle of 76 °09'07 ", an arc length of 15.868 meters to a point of compound curvature; thence along a tangent curve to the left with a radius of 81.537 meters, through a central angle of 11'54'29", an are length of 16.946 meters; thence South 21'09'49"' East, 1.523 meters to the POINT OF BEGNNING. CONTAINING 113 square meters, more or less. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 2. Multiply the above distances by 1.00000543 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature-,... M._. _...� .. _ Licetise.5. &11y, Date: Form RUST 6 -1(C) (Revised 0 1106) JERRY ZHONG � Exp.12131/09 No. 7784 J AUG 2'7 2008 Number 00207 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of 120 State of California County of I SS By - - By „�. - -- [CORPORATE SEAL] ACKNOWLEDGMENT On before me, ere inseff name and title ot t5e officer) personally appeared , who 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 persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of Form RW 6 -1(C) (Revised 01108) 20 MALCOLM DOUGHERTY, Director of Transportation By MARK L. WEAVER, Attorney in Fact Deputy District Director Right of Way and Land Surveys RECORDING REQUESTED BY STATE OF CALIFORNIA WHEN RECORDED - RETURN TO DEPARTMEN'T' OF TRANSPORTATION PO BOX 23440, MS --11A O..kKL AND, CA 94623-0440 ■" ■ice ■► - -- ...... . ----------- _ Space above this fine for Recorder's Use District County Route K.P. Number 04 SON 101 24.4 00230 CITY OF ROHN ERT PARK, Municipal Cor. oration a corporation organized and existing under and by virtue of the laws of the State of California does hereby GRANT to the STATE OF CALIFORN lA an EASEMENT for construction and maintenance of a retaining wall and incidents thereto, upon, over and across that certain real property in the ._ _ City of - Rohnert Park County of Sonoma , State of California, described as follows: Please see EXHIBIT "A" attached. Transfer Tax Not Applicable: R & T Code 11911 STATE BUSINESS: Free This is to certify that this document is presented for recordation by the State of California under Government Code 27383 and is necessary to complete the chain of title of the State to property acquired by the State of California. DISTRICT DIRECTOR BY MARK L. WEAVER Deputy District Director Right of Way and Land Surveys Form RW 6 -1(Q) ( Revised 01 /08) Number 60236 All that real property situate in the City of Ro hnert Park, County of Sonoma, State of California, being a strap of land 3.600 meters wide, the general Westerly sideline of which being described as follows: COMMENCING at the Southerly terminus of that course described as "S 1 °49'09" E, 1,035.18 feet" in that 75 feet wide strip of land as described in that certain Grant Deed to the City of Rohnert Park, recorded March 19, 1974, in Book 2546, at Page 545, Official Records of Sonoma County; thence along said course and the general Westerly line of said 75 feet wide strip of land the following three (3) courses: 1) North 01'49'12" West, 162.590 meters to the POINT OF BEGINNING; 2) continuing North 01'49'12" West, 152.928 meters to the Northerly terminus of said course; and 3) from a tangent that bears forth 01'01'54" West, along a curve to the left with a radius of 792.477 meters, through a central angle of 10 007'07 ", an are length of 139.952 meters to the terminus point of herein described general Westerly sideline. The sidelines of said 3.600 meters wide strip of land shall be prolonged or shortened so as to begin at a line that passes through said POINT OF BEGINNING with a bearing of North 88'10'48" East and terminate at a radial lire that passes through said terminus point. CONTAINING I , 05 5 square meters, more or less. The bearings and distances used. in the above description are on the California Coordinate System of 1953, Zone 2. Multiply the above distances by 1.00000543 to obtain ground level distances. This real property description has been prepared by me, or under nay direction, in conformance With the Professional Land Surveyors Act. Signature. Licensed Land' an Sir- veyor Date: %,AND JERRY ZHONG p Exp.12/31109 No. 7784 Number 60236 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20 By President 02 State of California I County of SS [CORPORATE SEAL] ACKNOWLEDGMENT Oil before me, , personally ere insert name and title of e officer) appeared 5ecretary who 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 helshelthey executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) THIS IS To CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 4 , 20 MALCOLM DOUGHERTY, Director of Transportation By Form RW 6-1(Q) (Revised 01/08) MARK L. WEAVER, Attorney in Fact Deputy District Director Right of way and Land Surveys