2013/02/26 City Council Resolution 2013-035RESOLUTION NO. 2013 -035
A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, AUTHORIZING THE ACQUISITION AND
CONDEMNATION OF REAL PROPERTY IDENTIFIED AS LANDS OF COBT LLC,
CBI LLC, AND MCDONALD'S CORPORATION, A DELAWARE CORPORATION,
APN 045- 055 -007
WHEREAS, the City of Rohnert Park ( "City ") proposes to acquire approximately
16,050 square feet of perpetual easement and right of way and a 2,332 square foot temporary
construction easement (the "Property') as more fully described and depicted in Exhibits A and B
attached hereto and incorporated herein by this reference for the Wilfred Avenue /Golf Course
Drive West Widening Project ( "the Project "); and
WHEREAS, pursuant to section 1245.235 of the Code of Civil Procedure, the City
scheduled a hearing for February 26, 2013, at 5:00 pm at the Council Chambers, located at 130
Avram Avenue, Rohnert Park, CA 94928 and gave to each person whose property is to be
acquired and whose name and address appeared on the last equalized county assessment roll,
notice and a reasonable opportunity to appear at said hearing and be heard on the matters set
forth herein; and
WHEREAS, said hearing has been held by the City and each affected property owner
was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section
1240.040 of the Code of Civil Procedure.
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES FIND,
DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds, based upon the substantial evidence contained in
the record, including the written and oral staff reports presented to the City Council with respect
to the proposed acquisition of the Property for the Project, as well as all other written and oral
testimony submitted at the February 12, 2013 hearing, as follows:
A. That the interests to be acquired by the City consist of approximately 16,050
square feet of perpetual easement and right of way and 2,332 square feet of temporary
construction easement (the "Property ") as more fully described and depicted in Exhibits A and B
attached hereto and incorporated herein by this reference. The temporary construction easement
is for a period of six (6) months, to commence upon fourteen (14) days written notice from the
City, and shall terminate six (6) months after such commencement, but in no event shall extend
beyond completion of construction of the Project. City will, where reasonably necessary,
reconstruct or perform any warranty or conformance works, including conforming driveways,
walkways, lawn, landscaped and hardscaped areas, irrigation systems and sidewalks, as part of
the Project.
B. That the public interest, convenience and necessity require the Project and all
public uses and purposes appurtenant thereto. The Project and these public uses and purposes
are further described in the City of Rohnert Park's Agenda Staff Report, attached as Exhibit C
and incorporated herein by this reference.
C. That the Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury.
D. That the Property is necessary for the Project and such taking is authorized by
Section 19, of Article I of the California Constitution, Sections 37350.5 and 40401 et seq. and
40404 of the California Government Code, Sections 1810 and 5100 et seq. and 5115 of the
California Streets & Highways Code, Sections 5301 et seq. of the California Public Resources
Code, Sections 1230.010 et. seq. and 1240.140 of the California Code of Civil Procedure, and
other applicable law.
E. That all conditions and statutory requirements to exercise the power of eminent
domain to acquire the Property described herein have been complied with by the City.
F. That the offer required by section 7267.2 of the Government Code was made to
the owner or owners of record.
G. That the City of Rohnert Park has complied with Code of Civil Procedure section
1245.235 regarding the provision of necessary notice of the hearing on this Resolution.
H. That the Project was previously approved by the City pursuant to a Notice of
Exemption on September 25, 2012, that the City filed a notice of exemption with the County
Clerk on September 26, 2012, who posted it that same day through October 29, 2012, that the
condemnation action proposed in this Resolution was anticipated in the Project's approval and is
a subsequent action toward implementing the Project, and that the acquisition efforts proposed
do not involve any substantial changes to the Project, nor would they cause new or more severe
impacts.
SECTION 2. Based upon the foregoing facts, findings and conclusions, the City Council hereby
declares its intention to acquire the Property in accordance with all applicable laws of the State
of California governing proceedings in eminent domain.
SECTION 3. If any portion of the area of the Property has been appropriated to some public
use, the public use in furtherance of the Project is a more necessary and paramount public use,
pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not unreasonably
interfere with or impair the continuance of the public use as it then exists or may reasonably be
expected to exist in the future, pursuant to Code of Civil Procedure section 1240.510.
SECTION 4. The law firm of Burke, Williams & Sorensen, LLP, is authorized and directed to
bring an action in the Superior Court of the State of California, County of Sonoma, against all
owners and claimants of the Property described herein for the purpose of acquiring the Property
for the public use of the Project and to do all things necessary to prosecute such an action to its
final determination in accordance with applicable law. The authorized attorneys are instructed to
make an application to the court for an order fixing the amount of security by way of money
2
I, JoAnne Buergler City Clerk of the City of Rohnert Park, do hereby
certify that the foregoing Resolution was duly passed and adopted by the City Council of the
City of Rohnert Park at a regular meeting of the City Council held on the 26th day of
February , 2013 by the following vote:
YESES: COUNCIL MEMBERS: (4) Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: COUNCIL MEMBERS: (0) None
ABSENT: COUNCILMEMBERS: (I) $elforte
ABSTAIN: COUNCIL MEMBERS: (0) None
11
deposits as the court may direct and for an order permitting the City to take possession and use of
the Property for the use and purposes herein described.
SECTION 5. The City Manager is authorized to engage the services of any consultant deemed
necessary to complete the acquisition of the Property and to sign and verify any and all
complaints or other instruments necessary to maintain and complete an action in eminent
domain.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26`" day of February, 2013.
ag
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ATT ST:
o ne Buergler, City Clerk
APPROVED AS TO FORM:
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Mieh , City Attorney
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Pam Stafford, Mayor
AHANOTU: BELFORTE: Af:� W MACKENZIE: AYC-: CALLINAN: AKE STAFFORD: P y/
AYES: ( LI ) NOES: ( p ) ABSENT: ( 1 ) ABSTAIN: ( d )
3
ATTACHMENTS
LEGAL DESCRIPTION (Exhibit A's)
PLAT MAP (Exhibit B's)
CITY'S STAFF REPORT (Exhibit C)
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
October 26, 2012
JN: 50- 100964
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 045 -055 -007
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
162, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in the Office of the
County Recorder of said Sonoma County and being a portion of Lot 162 as described in the Grant Deed,
from McDonald's Corporation to COBT,LLC., in Document Number:2007136386 of Official Records, at
said County Recorder's Office, more particularly described as follows:
BEGINNING at the intersection of the easterly right of way line of Dowdell Avenue as shown on said San
Rosa Farms No. 2 (21 M 14) with the northerly right of way line of Wilfred Avenue as shown on said map
(21 M 14);
Thence, easterly along said northerly right of way of Wilfred Avenue South 89 °35'41" East 555.29 feet to
the westerly right of way line of Redwood Drive (102' wide);
Thence, northerly along said westerly right of way line North 00 °06'04" East 58.76 feet;
Thence, leaving said westerly right of way line and westerly North 89 °53'56" West 15.02 feet;
Thence, South 45 °14'48" West 27.76 feet;
Thence, North 89 °35'41" West 3.42 feet;
Thence, South 00 °24'19" West 12.50 feet;
Thence, North 89 °35'41" West 32.08 feet;
Thence, North 00 °24'19" East 3.00 feet;
Thence, North 89 °35'41" West 13.00 feet;
Thence, North 00 °24'19" East 14.50 feet;
Thence, North 89 °35'41" West 10.00 feet;
Thence, South 00 °24'19" West 17.50 feet;
Thence, North 89 °35'41" West 116.14 feet;
Thence, South 87 054'00" West 80.07 feet;
Thence, North 89 °35'41" West 76.76 feet;
Thence, North 00 °24'19" East 3.00 feet;
Thence, North 89 °35'41" West 14.00 feet;
HAPDATA \50100964\Admin \legal \Wilfred \964 leg 21- A.dock
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
Thence, North 00 °24'19" East 18.00 feet;
Thence, North 89 °35'41" West 10.00 feet;
Thence, South 00 °24'19" West 21.00 feet;
Thence, North 89 °35'41" West 121.96 feet;
Thence, North 00 024'19" East 16.00 feet;
Thence, North 89 °3541" West 16.99 feet;
Thence, North 36 °59'22" West 7.53 feet;
Thence, North 89 033'33" West 3.44 feet;
Thence, North 00 °25'42" East 8.01 feet;
RIGHT OF WAY
EASEMENT
APN 045 - 055 -007
October 26, 2012
JN: 50- 100964
Page 2of2
Thence, North 89 °35'41" West 18.00 feet to said easterly right of way line of Dowdell Avenue as shown
on said map (21 M 14).
Thence, southerly along said easterly right of way line South 00 °26'27" West 53.00 feet to the POINT OF
BEGINNING.
CONTAINING 16,050 Square Feet, more or less.
BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of
Survey filed December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
""David $aumann, P.L.S. 7309
License Expires March 31, 2013
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SANTA ROSA FARMS NO, 2
21 M 14
APN 045 - 055 -007
COBT, LLC.
DOCUMENT NUMBER:
2007136386
SEE DETAIL
18 17 16
19 1513 _12
14 16,050YSFt
N89 °35'41 "W 555.29
WILFRED A
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NOO °25'42 "E
8.01'
N89 °35'41 "W N89 °33'33 "W
18.00'
3.44'
N36 °59'22"W
7.53' NOO °24'19 "E
16.00'
N89 °35'41 "W
16.99'
EXHIBIT "B"
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE WIDENING
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
NOTE
SEE TABLE ON SHEET 2
N89 °35'41 "W 121.96'
DETAIL
NOT TO SCALE
1 OF 2 SHEETS
RWSHEET
7 a ■
CON S U LT I N G
A . Company
500YGNAM VNIEY ROAD, SUITE 898
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?OSER 31, 2012
JOB NO. 50- 100964
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EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE WIDENING
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
LINE DATA TABLE
N0.
BEARING
LENGTH
1
N89 °53'56 "W
15.02'
2
N45 °14'48 "E
27.76'
3
N89 °35'41 "W
3.42'
4
N00 °24'19 "E
12.50'
5
N89 °35'41 "W
32.08'
i 6
N00 °24'19 "E
3.00'
7
N89 °35'41 "W
13.00'
8
N00 °24'19 "E
14.50'
9
N89 °35'41 "W
10.00'
10
N00 °24'19 "E
17.50'
11
N89 °35'41 "W
116.14'
12
N87 °54'00 "E
80.07'
13
N89 °35'41 "W
76.76'
14
N00 °24'19 "E
3.00'
15
N8'9 °35'41 "W
14.00'
16
N00 °24'19 "E
18.00'
17
N89 °35'41 "W
10.00'
18
N00 °24'19 "E
21.00'
1.9
N890,35'41 "VV
121.96'
OCTOBER 3 "1, 2012 JOB NO.
SHEET 2 OF 2 SHEETS
MIME-
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CONSUTING
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WALNUT GREEK- CALTORNIA 94596ZM7
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92&D W.1480 • FAX . —.RSF-
OCTOBER 3 "1, 2012 JOB NO.
RBF CONSULTING
500 Ygnacio Valley Road; Suite 300
Walnut Creek, California 94596
October 26, 2012
J N: 50- 100964
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION
EASEMENT
APN 045 -055 -007
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
162, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in the Office of the
County Recorder of said Sonoma County and being a portion of Lot 162 as described in the Grant Deed,
from McDonald's Corporation to COBT,LLC., in Document Number.-2007136386 of Official Records, at
said County Recorder's Office, more particularly described as follows:
PARCEL1
COMMENCING at the intersection of the easterly right of way line of Dowdell Avenue as shown on said
San Rosa Farms No 2 (21 M 14) with the northerly right of way line of Wilfred Avenue as shown on said
map (21 M 14);
Thence, easterly along said northerly right of way of Wilfred Avenue South 89 °35'41" East 555.29 feet to
the westerly right of way line of Redwood Drive (102' wide);
Thence, northerly along said westerly right of way line North 00 °06'04" East 58.76 feet;
Thence, leaving said westerly right of way line and westerly North 89 °53'56 West 15.02 feet;
Thence, South 45 014'48" West 27.76 feet;
Thence, North 89 035'41" West 3.42 feet;
Thence, South 00'24'19" West 7.50 feet to the TRUE POINT OF BEGINNING;
Thence, South 00 °24'19" West 5.00 feet;
Thence, North 89 °35'41" West 32.08 feet;
Thence, North 00 °24'19" East 3.00 feet;
Thence, North 89 °35'41" West 13.00 feet;
Thence, North 00 °24'19" East 14.50 feet to a point hereinafter referred to as Point "A ";
Thence, South 89 °35'41" East 2.50 feet;
Thence, South 00 624'19" West 12.50 feet;
Thence, South 89 °35'41" East 42.58 feet to the TRUE POINT OF BEGINNING.
H: \PDATA\ 50100964 \Admin\legal\Wilfred \964leg21 -A TCE.doex
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
TEMPORARY CONSTRUSTION
EASEMENT
APN 045 -055 -007
October 26, 2012
JN: 50- 100964
Page 2 of 3
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
162, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in the Office of the
County Recorder of said Sonoma County and being a portion of Lot 162 as described in the Grant Deed,
from McDonald's Corporation to COBT,LLC., in Document Number:2007136386 of Official Records, at
said County Recorder's Office, more particularly described as follows:
PARCEL 2
COMMENCING at previously described Point "A ", Thence, North 89 035'41" West 10.00 feet to the TRUE
POINT OF BEGINNING;
Thence, South 00 °24'19" West 17.50 feet;
Thence, North 89 °35'41" West 116.14 feet;
Thence, South 87 °54'00" West 80.07 feet;
Thence, North 89'35'41" West 76.76 feet;
Thence, North 00 °24'19" East 3.00 feet;
Thence, North 89 035'41" West 14.00 feet;
Thence, North 00 °24'19" East 18.00 feet to a point hereinafter referred to as Point "B ";
Thence, South 89 °35'41" East 2.50 feet;
Thence, South 00 °24'19" West 16.00 feet;
Thence, South 89 °35'41" East 88.15 feet;
Thence, North 87 °54'00 East 80.07 feet;
Thence, South 89 °35'41" East 113.75 feet;
Thence, North 00 °24'19" East 12.50 feet;
Thence, South 89 °35'41" East 2.50 feet to the TRUE POINT OF BEGINNING.
H:I PDATA1 501009641Admin llegallWilfred1964leg21 -A TCE.docx
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
TEMPORARY CONSTRUSTION
EASEMENT
APN 045- 055 -007
October 26, 2012
JN: 50- 100964
Page 3 of 3
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
162, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 21 of Maps, at Page 14, in the Office of the
County Recorder of said Sonoma County and being a portion of Lot 162 as described in the Grant Deed,
from McDonald's Corporation to COBT,LLC., in Document Number-.2007136386 of Official Records, at
said County Recorder's Office, more particularly described as follows:
PARCEL 3
COMMENCING at previously described Point "B ", Thence, North 89 °35'41" West 10.00 feet to the TRUE
POINT OF BEGINNING;
Thence, South 00 °24'19" West 21.00 feet;
Thence, North 89 035'41" West 121.96 feet;
Thence, North 00 °24'19" East 5.00 feet;
Thence, South 89 °35'41" East 119.46 feet;
Thence, North 00 °24'19" East 16.00 feet;
Thence, South 89 °35'41" East 2.50 feet to the TRUE POINT OF BEGINNING.
CONTAINING PARCCL 1: 218 Square Feet, more or less.
PARCEL 2: 1,464 Square Feet, more or less.
PARCEL 3: 650 Square Feet, more or less.
BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of
Survey filed December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this re
David Baumann, P.L.S. 7309
License Expires March 31, 2013
ference made a part hereof.
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H: \PDATA\50100964\Admin \legal \Wilfred \9641eg21 -A TCE.docx
152
SANTA ROSA FARMS NO. 2
21 M 14
APN 045 -055 -007
COST, LLC.
DOCUMENT NUMBER:
2007136386
PARCEL 2
SEE SHEET 3 OF 4
POINT "B"
T.P.O.B.
PARCEL 3 -
.O.C.
PARCEL 3
SEE SHEET 4 OF 4
SEE DETAIL
T.P.O.B.
PARCEL 1
POINT "A"
T.P.O.B.
PARCEL 2 -�
N89 °35'41 "W 555.29'
APN 045 - 075 -001
PARCEL 1
SEE SHEET 2 OF 4
APN 045- 075 -002
N89653'56'W
15.02'
N�
NOO °24'19 "E
7.50'
T.P.O.B.
PARCEL 1
0 II a i
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
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:TOBER.31, 2012
JOB NO. 50- 100964
N89 °35'41 "W
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T.P.O.B.
PARCEL 2 -
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SEE SHEET 3 OF 4
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SANTA ROSA FARMS NO. 2
21 M 14
APN 045- 055 -007
COBT, LLC.
- POINT "A" DOCUMENT NUMBER-
-N89'35'41 /TP
,W 2007
2.50'
- NOO °24'19 "E
12.50'
N89 °35'41 "W 42 .58' ,1
1 32.08' --- N00 °24'19 "E
N89 °35'41 "W 5.00'
NOO °24'19 "E PARCEL 1
3.00' 218 SF t
WILFRED AVENUE
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EXHIBIT "B"
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR SHEET 2 OF 4 SHEETS
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK CONSULT] NG 5M YGNAM VAUEY ROAD, SUrrr 300
WALWT CREEK :c UFORKA U59&,W7
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STATE OF CALIFORNIA OCTOBER 31, 2012 JOB NO. 50- 100964
EXHIBIT "B"
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
LINE DATA TABLE
NO.
162
LENGTH
1
SANTA ROSA FARMS
NO. 2
"A"
2
N89 °35'41 "W
2] M ]4
POINT
N00 024'19 "E
3.00'
'41 "W
N89 °35'41 "W
APN 045 - 055 -007
COBT, LLC.
10.00'
10.00'
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DOCUMENT NUMBER:
T.P.O.B.
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POINT "B"
2007136386
PARCEL 2
a.<
N89 °35'41 "W
N89 °35'41 "W
2.50'
2.50'
NOO °24'19 "E
N00 °24'19 "E
16.00'
N87 °54'00 "E
12.50'
N89 °35'41 "W 88.15'
80.07'
N89 °35'41 "W 113.75'
1
2� 3 76.76'
80.07'
"E
N89 °35'41 "W 116.14'
N89 °35'41 "W
N87 °54'00
N00 °24'19 "E
17.50' —
PARCEL 3
PARCEL 2
PARCEL 1
SEE SHEET 4 OF 4
1,464 SF±
SEE SHEET _2 OF 4
WILFRED AVENUE
EXHIBIT "B"
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK
COUNTY OF SONOMA
STATE OF CALIFORNIA
LINE DATA TABLE
NO.
BEARING
LENGTH
1
N00 °24'19 "E
18.00'
2
N89 °35'41 "W
14.00'
3
N00 024'19 "E
3.00'
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PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR SHEET 4 OF 4 SHEETS
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK CONSULTING 500 YC,4MOVAUEY RW. SUME WO
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COUNTY OF SONOMA A: Company ars.eo uWW • FAX 825.9N.1465 -w .MF
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OCTOBER 31, 2012 JOB N0. 50- 100964
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APN 045 - 055 -007
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EXHIBIT "B"
PLAT TO ACCOMPANY A
LEGAL DESCRIPTION FOR SHEET 4 OF 4 SHEETS
WILFRED AVENUE
TEMPORARY CONSTRUCTION EASEMENT
CITY OF ROHNERT PARK CONSULTING 500 YC,4MOVAUEY RW. SUME WO
A1NUT OF'EW' MWORNIA9�596t7
COUNTY OF SONOMA A: Company ars.eo uWW • FAX 825.9N.1465 -w .MF
STATE OF CALIFORNIA
OCTOBER 31, 2012 JOB N0. 50- 100964
Exhibit C
ITEM NO.
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: February 26, 2013
Department: City Manager's Office
Submitted By: Darrin Jenkins, Assistant City Manager /City Engineer
Prepared By: Patrick Barnes, Deputy City Engineer
Agenda Title: Resolution of Necessity for Authorizing Acquisition and Condemnation of Real
Property Identified as lands of Cobt LLC, CBI LLC, and McDonald's
Corporation, a Delaware Corporation, APN 045- 055 -007, for the Wilfred
Avenue Improvement Project
RECOMMENDED ACTION: Staff recommends the City Council:
Conduct a hearing on the attached Resolution finding and determining that the public
interest, convenience and necessity require the acquisition of certain property identified
as lands of Cobt LLC, CBI LLC, and McDonald's Corporation, a Delaware Corporation,
APN 045- 055 -007, for the Wilfred Avenue Improvement Project;
2. Review the evidence presented, including this staff report and public comments and close
the hearing; and
Adopt the attached Resolution authorizing the commencement of eminent domain
proceedings so as to acquire the interest in real property described therein (Note: This
requires an affirmative supermajority [4/5] vote of the City Council).
BACKGROUND AND ANALYSIS: The subject of this resolution is the initiation of eminent
domain to obtain legal possession of right -of -way along the north side of Wilfred Avenue,
located in the City of Rohnert Park. Attached for ease of reference is a map titled Exhibit B to
the Resolution.
The widening of Wilfred Avenue /Golf Course Drive West' is called for in the City's and
County's respective general plans. The City of Rohnert Park entered into a Joint Exercise of
Powers Agreement ( "JEPA ") with Sonoma County representatives, and the Federated Indians of
Graton Rancheria ( "Tribe) to facilitate the road widening of Wilfred Avenue (hereinafter Wilfred
Avenue Improvement Project) . The Wilfred Avenue Improvement Project helps mitigate traffic
impacts of proposed development and implements the City and County General Plan
Transportation Elements.
1 The City renamed Wilfred Avenue to Golf Course Drive West within the City limits to be consistent with the
existing Golf Course Drive, recently connected to Wilfred Avenue underneath a new overpass on Highway 101.
ITEM NO.
Pursuant to California Government Code sections 6500 et seq., 7267.2, 37350.5, and 40401 et
seq. and 40404, and California Code of Civil Procedure Section 1230.010 et seq., 1240.410 and
1240.020, and Section 19, Article I of the California Constitution, and other authorities,
including authorization in the JEPA, the City is authorized to acquire the subject property by
eminent domain, provided certain procedural steps are followed.
A portion of the necessary right of way for the Wilfred Avenue Improvement Project has been
acquired through voluntary negotiations, which are continuing. At this time, negotiations have
not been successful with a few property owners, including 16,050 square feet for a perpetual
easement and 2,332 square feet for a temporary construction easement, which is the subject of
this Resolution. Formal offers to acquire the necessary road right -of -way were made to the
property owner by both the Tribe and the City — but the owner has not executed an agreement to
voluntarily sell the easement. The background for the subject property is described in the
attachments, which will be addressed by City staff at the hearing.
The temporary construction easement is for a period of six (6) months, to commence upon
fourteen (14) days written notice from the City, and shall terminate six (6) months after such
commencement, but in no event shall extend beyond completion of construction of the Project.
City will, where reasonably necessary, reconstruct or perform any warranty or conformance
works, including conforming driveways, walkways, lawn, landscaped and hardscaped areas,
irrigation systems and sidewalks, as part of the Project.
The property identified in the attached Resolution is owned by Cobt, LLC; CBI, LLC; and
McDonald's Corporation, a Delaware Corporation. The use to which the property is currently
put is vacant land. The property is zoned SP - Specific Plan/C -R- Regional Commercial. The
lot is 4.58Acres (199,505 square feet) in size, and there are no improvements.
Due to the nature of negotiations with this property owner, staff is recommending acquiring the
easement from the subject property mentioned above through the City's eminent domain powers.
This will allow the acquisition process to proceed in a timely and orderly manner in order to
meet project construction deadlines. A delay in obtaining all of the required right -of -way for this
project within the current schedule may delay the project construction for an additional year.
On January 25, 2011, Edmund Wadeson of the Oxford Hotel Group, filed Planning Application
No. PL2011- 006SR/UP proposing a five (5) story, 163 room Oxford Suites Hotel and a
McDonald's fast food restaurant on the subject property, in accordance with the City of Rohnert
Park Municipal Code. On May 22, 2012, the City Council held a public hearing and
subsequently adopted Resolution 2012 -46 approving the proposed development, subject to
certain conditions, including Condition 105, which requires that right -of -way along the frontage
of Dowdell Avenue, Redwood Drive, and Golf Course Drive West shall be dedicated to the City
for street, sidewalk and public utility easement.
The Wilfred Avenue Project Team worked with the Oxford Suites group to draw plat maps and
legal descriptions for the conditioned dedication needed for the both the Wilfred Avenue
Improvement Project and the proposed development of the Oxford Suites and McDonalds site.
After prolonged negotiations on the mapping, the project team reached an impasse. Legal
Descriptions and Plat Maps have been re -drawn to include only the area needed for the Wilfred
Avenue Improvement project and to exclude additional area for future improvements, such as
sidewalks, which would have been constructed by the grantor's proposed development.
11
ITEM NO.
The roadway for the Wilfred Avenue Improvement Project has been designed at a grade
provided by the Oxford Suites and McDonalds site engineers to facilitate drainage of their future
development. The roadway could have been designed closer to existing grade (lower), without
consideration of the proposed development of Oxford Suites and McDonalds. The lower
roadway would have required a smaller perpetual easement and an elimination of the need for a
temporary easement, but would have greater private impacts, as it would not accommodate
future development as shown on the Oxford Suites and McDonalds site plans. Retained in the
project is the curb, drainage, storm drain, water pipes, and sewer pipes that will eventually serve
the Oxford Suites and McDonalds site. These elements were also designed in consultation with
the engineer for the Oxford Suites and McDonalds site when the developer of that site was
cooperating with the City to create a project that would result in fewer private impacts to Oxford
Suites and McDonalds. Redesigning the roadway and drainage to minimize the perpetual
easement and eliminate the temporary easement would not be in the greatest public good,
because it will cause significant delays in the project design and would be in no one's best
interest, including those of Oxford Suites and McDonalds.
The City must make an offer to purchase to the property owner, which offer must be transmitted
in writing, based upon an appraisal. The City tendered a statutory Offer to Purchase to the
Property owner as required by law based upon an approved appraisal (Attachment 1). To date,
the offer has not been accepted.
In order to meet construction timing obligations, it is now necessary that an action in eminent
domain be commenced to acquire the property interests referenced herein. Prior to the filing of
an eminent domain action, the City must hold a hearing on the proposed Resolution of Necessity,
(Attachment 2) and provide the owner of the affected property an opportunity to be heard,
provided that the owner has filed a request to be heard in writing with the City prior to the
hearing.
In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing,
which was delivered in accordance with the applicable statutes (Attachment 3).
After conducting the public hearing, if the City finds that the public necessity so requires, the
City should adopt the attached Resolution of Necessity, authorizing condemnation proceedings
for the purpose of acquiring the property which is described therein.
The findings, which need to be made, are as set forth in the Resolution of Necessity.
Specifically, the City must find:
1. That the public interest, convenience and necessity require the acquisition of the
proposed project. As proposed and more particularly provided for above and in the
JEPA, the Wilfred Avenue Improvement Project will serve public purposes, for example,
it will mitigate traffic, circulation and public safety impacts of the implementation of the
City's general plan and nearby casino development;
2. That the Wilfred Avenue Improvement Project is planned or located in the manner that
will be most compatible with the greatest public good and the least private injury.
Wilfred Avenue is already in existence. As such, the widening of the currently- existing
road will offer the least injury to private property as the construction of a new, wider road
would require the acquisition of additional property. Additionally, constructing a new,
3
ITEM NO.
wider road at a different location at this point would be unreasonable and unnecessarily
costly to the public.
That the property interest sought to be acquired is necessary for the Wilfred Avenue
Improvement Project. This section of Wilfred Avenue will be widened to create two
through lanes in each direction, an eastbound left turn lane, an eastbound right turn lane,
and bike lanes, consistent with the City of Rohnert Park's General Plan. The
improvements include storm water capture, flood mitigation, water quality treatment and
require that existing utilities be relocated to accommodate the roadway and drainage
improvements. Due to a grade difference between the proposed Golf Course West
roadway and the grantor's parcels, a temporary construction easement is needed for
construction equipment to properly construct and compact fill.
Questions relating to value are not relevant to this proceeding. This action begins a process
where the property owner will be allowed to make their case to the court as to the value of their
property. However, that does not mean that negotiations for the acquisition of the property
interests are at an end. After the hearing, counsel and the City's right -of -way consultant will
continue to negotiate with the owner and diligently pursue satisfactory conclusions to the right -
of -way acquisitions.
ENVIRONMENTAL ANALYSIS:
With respect to environmental review, the Wilfred Avenue Improvement Project was previously
approved by the City pursuant to a Notice of Exemption on September 25, 2012. The Notice of
Exemption relied upon a statutory exemption in Government Code Section 12012.56 which
acknowledges that federal environmental review had already been conducted for the Casino and
its offsite impacts such as traffic. That exemption provides that the timely mitigation
accomplished through an intergovernmental agreement, such as the JEPA, of any significant
effect on the environment, including traffic and public safety impacts, and compensation
therefore, which is attributable in whole or in part to the Casino is not a project for CEQA
purposes. The City filed a notice of exemption with the County Clerk on September 26, 2012
who posted it that same day through October 29, 2012.
The acquisition of land for widening Wilfred Avenue by eminent domain, which proceedings are
proposed to be initiated herein by adoption of a Resolution of Necessity, was anticipated in the
approval of the Wilfred Avenue Improvement Project and is a subsequent action toward
implementing said project. As a result, staff has determined that efforts to acquire the property
described herein have already been analyzed and found to be statutorily exempt from CEQA.
Adopting the Resolution of Necessity and initiating eminent domain proceedings does not
involve any substantial changes to the Project, nor would such action cause new or more severe
environmental impacts. For those reasons, neither the obligation to comply with CEQA nor is
the statute of limitations on that prior action are re- triggered by this action toward implementing
the project.
OPTIONS CONSIDERED: Project will not be constructed as planned.
9
ITEM NO.
FISCAL IMPACT/FUNDING SOURCE: In accordance with the JEPA, the Tribe is solely
responsible for paying for all design, permitting, construction, review, inspection, project
management, staff, legal, right of way acquisition, and operating and maintenance costs incurred
for the construction of the Wilfred Avenue Improvement Project.
Department Head Approval Date: 2/20/2013
City Manager Approval Date: 2/20/2013
City Attorney Approval Date: 2/14/2013
Attachments (list in packet assembly order):
1. Offer Letter
2. Resolution of Necessity with Exhibits (legal description and plat map)
Notice of Hearing regarding intent of the City Council for the City of Rohnert Park to
consider the adoption of a resolution of necessity to acquire property by eminent
domain
5
Attachment 3
Page 1 of 4
February 8, 2013
Re: NOTICE OF HEARING REGARDING INTENT OF THE IE CITY
COUNCIL FOR THE CITY OF ROHNERT PARK TO CONSIDER
THE ADOPTION OF A RESOLUTION OF NECESSITY TO
ACQUIRE PROPERTY BY EMINENT DOMAIN
Dear Property Owners - COBT, LLC; CBI, LLC; and IVicDonald's Corporation:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 of seq., that the City Council for the City of Rohnert Park intends fio consider
the adoption of a Resolution of Necessity for acquisition by eminent domain of the
following property interests: a perpetual easement and right of way containing
approximately 16,050 square feet and a temporary construction easement containing
approximately 2,332 square feet (the "Property "). The City's investigation shows C+OBT,
LLC, AN OREGON LIMITED LIABILITY COMPANY; CBI, LLC, AN OREGON LIMITED
LIABILITY COMPANY; AND MCDONALD'S CORPORATION, A DELAWARE
CORPORATION, to be the vested owners of the Property. A description t and depiction
of the Properly may be found in the proposed Resolution of Necessity enclosed
herewith and incorporated as if set forth fully herein.
The hearing will be held on February 26, 2013 at 5:00 PM, or as soon thereafter
as the City can near said matter, at the Council Chambers, located at 130 Avram
Avenue, Rohnert Park, CA 94928. If the resolution is adopted at this meeting, it will
authorize the City to acquire the Property for construction of Wilfred Avenue as part of
the Wilfred Avenue /Golf Course Drive West Widening Project (hereinafter, the
"Project ").
As the representatives of a person claiming or having an interest in and to the
Property, you are hereby notified that you have a- right to appear and be heard at said
hearing on the following matters and issues, and to have the City give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest, convenience and necessity require the
proposed Project;
b. Whether the proposed Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury;
C. Whether the Property sought to be acquired by eminent domain and
described in the resolution is necessary for the proposed Project;
LA #4842-8211-6602 A
Attachment 3
Page 2 of 4
d. Whether the offer required by Government Code Section 7267.2(a),
together with the accompanying statement: and summary of the basis for the amount
established as just compensation; was actually made to you and whether said offer and
statement/summa y were in a form and contained all of 'ihe factual information required
by Government Code Section 7267.2(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (tire "righi to take ") to
acquire the property interests described herein, as well as any other matter regarding
the right to take said property interests by eminent domain;
f. Whether the City has statutory authority to acquire the property interests
by eminent domain;
g. Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1235.235, was given in regard to the
Property; and
h. Whether the Project was previously approved by the City pursuant to a
Notice of Exemption on September 25, 2012, the City filed a notice of exemption with
the County Clerk on September 26, 2012 who posted it that same day through October
29, 2012, the condemnation action proposed 'In this Resolution was anticipated in the
Projec't's approval and is a subsequent action toward implementing the Project, and
whether the acquisition efforts proposed involve any substantial changes to the Project
or cause new or more severe impacts.
A copy of the proposed Resolution of Necessity is enclosed herewith
The issue of compensation relative to the acquisition is not a matter being heard
by the City at this time. Your nonappearance at this noticed hearing will not prevent you
from claiming greater compensation as may be determined by a count of law in
accordance with the laws of the State of California. This Notice of Hearing is not
intended to foreclose future negotiations between you and the representatives of the
City on the amount of compensation to be paid for your property interests.
If you desire to be heard, you MUST FILE A WRITTEN REQUEST as soon as
possible following receipt of this notice by filing or delivering a written request indicating
your intent to appear and be heard to the City of Rohnert Park; Attention: City Clerk, at
130 Avram Avenue, Rohnert Park, CA 94928. You may use the enclosure for the
purpose of notifying the City of Rohnert Park of your intent and desire to be heard. Your
failure to file a written request to appear and be heard may result in a waiver of your
right to be heard. If you elect not to appear and not to be heard, you will only be
foreclosed from raising in a court of law the issues that are the subject of this noticed
hearing and that are concerned with the right to take the Property by eminent domain.
If you have any questions regarding this hearing, the offer, or have additional
information regarding the value of your Property, you may contact the City's right of way
consultant, Associated Right of Way Services, Inc. (AR/WS). The AMS
LA 94842-8211-5602 v1
Attachment 3
Page 3 of 4
representative handling this acqUiSitiOn is Joe Magdale-no. Mr. Magdaleno can be
contacted. at (800) 558-5151.
Sincerely,
Gabriel A. Gonz;l-ez
City Manager
REOUr-ST TO BF 1TEARD ON NZESOLLITION NECESSITY
BY THE Cif Y COUNCIL 0IF THE Cl TIV OF ROHNIERT PARM, CAS IFOil'1\11A,
AUTIVIORIZING THE AC QUISITION ()F f)ROPER'rY FOR GONISTRUICTiON OF
PUBLN,', IMPFZOVEEIVIENTS ON IMIU`zRED AVE-INME BETINEEN REDINCIOD DMVII,*.':
AM.) STONY VOINIT ROAD AS PART OF T UF WILFRED AVENUEIGOLF GOILII'-1''13i`
Narne
Telephone
Address
Date
Signature
LA #4842-8211-5602 v1
Attachment 3
Page 4 of 4
Mr. Darrin W. Jenkins
Assistant City iVanager /City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Ms_ Michelle Marchetta :Canyon
City Attorney
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Mr. Joe Magdaleno
Right of Way Consultant
Associated Right of Way Services, Inc.
2300 Contra Costa Blvd., Suite 525
Pleasant Hill, CA 94523
LA #4842-8211-5602 v1