2013/03/12 City Council Resolution 2013-039RESOLUTION NO. 2013 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A QUITCLAIM DEED FROM THE COUNTY OF SONOMA FOR
WILFRED AVENUE BETWEEN DOWDELL AVENUE AND STONY POINT ROAD
WHEREAS, the City of Rohnert Park entered into a Joint Exercise of Powers Agreement
( "JEPA ") with the County of Sonoma and the Federated Indians of Graton Rancheria ("Tribe ")
for implementation of mitigation measures for widening Wilfred Avenue by adopting City
Council Resolution No. 2012 -113 on September 25, 2012;
WHEREAS, pursuant to section 3. 1.1 of the JEPA the County of Sonoma agreed to
convey to the City all of its right, title and interest in that portion of Wilfred Avenue in the
unincorporated area and west of the City's 2012 city limits;
WHEREAS, the County has conveyed that portion of Wilfred Avenue by Quitclaim
Deed executed on November 1, 2012, and the Quitclaim Deed is hereby attached to and
incorporated herein;
WHEREAS, the City desires to accept the Quitclaim Deed consistent with the JEPA;
WHEREAS, the Wilfred Avenue Improvement Project was previously approved by the
City pursuant to a Notice of Exemption on September 25, 2012;
WHEREAS, 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;
WHEREAS, the acquisition of the Quitclaim Deed proposed herein was anticipated in
the approval of the Wilfred Avenue Improvement Project and is a subsequent action toward
implementing said project;
WHEREAS, accepting the proposed Quitclaim Deed does not involve any substantial
changes to the Project, nor would such acceptance cause new or more severe environmental
impacts;
WHEREAS, 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; and
WHEREAS, this action is exempt from compliance with the provisions of Government
Code 65402 because this action involves a real property acquisition 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 resolve, determine, find and order as follows:
JH- S:05 -d
Section 1. Acceptance of Quitclaim Deed. The City Council of the City of Rohnert Park hereby
accepts the Quitclaim Deed, in substantially similar form as provided for in the attachment hereto
subject to minor modification by the City Attorney for and on behalf of the City of Rohnert Park,
which is incorporated by this reference.
Section 2. Section 65402 Compliance. The acquisition of said property is exempt from
compliance with the provisions of Government Code 65402 because this action involves a real
property acquisition for street alignment purposes and is minor in nature.
Section 3. Mayoral Authorization. The Mayor of the City of Rohnert Park is hereby authorized
and directed to execute the Certificate of Acceptance accepting the Quitclaim Deed, in
substantially similar form as provided for in the attachment hereto, which is incorporated by this
reference, for and on behalf of the City of Rohnert Park.
Section 4. 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 with the
Quitclaim Deed in the office of the Recorder of the Sonoma County, State of California for and
on behalf of the City of Rohnert Park.
ig
DU�,&Oli �TPA GULARLY ADOPTED this 12`" day of March, 2013.
ATTEST:
1
ff-nne Buergler, City Clerk
Attachments: Deed, Certificate of Acceptance
CITY OF ROHNERT PARK
Pam Stafford, Mayor
AHANOTU: ��IE BELFORTE: MACKENZIE: %" CALLINAN: NV )SP,W STAFFORD:
AYES: NOES: ( 0 ) ABSENT: ( 2) ABSTAIN: ( () )
2013 -039
Page 2 of 2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
ATTN: City Manager
130 Avratn Avenue
Rohnert Park, California 94928
Space Reserved for Recorder's Use Only
Exempt from Recording Fees (Cal. Gov. Code § 27383)
Exempt from Documentary Transfer Tax (Cal. Rev. & T. Code § 11922)
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF
WHICH ARE HEREBY ACKNOWLEDGED,
The County of Sonoma, a political subdivision of the State of California ( "Grantor "),
Hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to:
The City of Rohnert Park ( "Grantee "),
Any right, title or interest which Grantor may have in the Real Property in
the County of Sonoma, State of California, more particularly and legally described
in Exhibit A, attached hereto and expressly made a part hereof.
DATED: 00\/ 1 , 2012 GRANTOR:
COUNTY OF SONOMA
Shirl&Zane,
Board of SuD
Page 1 of 1
Exhibit "A"
Parcel 1
Being a portion of that 40 foot right of way for Wilfred Avenue as shown on the map of Santa
Rosa Farms No. 2, recorded in Book 21 of Maps at Page 14, Sonoma County Records, said
portion being bounded on the east by the westerly right of way line of Dowdell Avenue as shown
on said map and on the west by the easterly line of the land of the County of Sonoma as
described in those deeds recorded as Document Numbers 1994 - 106342 and 1994- 052403,
Sonoma County Records.
This description was prepared by me or under my direction in conformance with the
requirements of the Professional Land Surveyor's Act.
Parcel 2
Being a portion of the lands of the County of Sonoma as described in that deed recorded as
Document Number 1.994 - 106342, Sonoma County Records, being more particularly described as
follows.
Being that portion of Parcel No. 5, as described in said deed lying easterly of a line 45.00 feet
easterly of and parallel with the centerline of Stony Point Road as said centerline is shown on
that Record of Survey recorded in Boole 505 of Maps at pages 33 -46, Sonoma County Records.
This description was prepared by me or under my direction in conformance with the
requirements of the Professional Land Surveyor's Act.
Parcel 3
Being a portion of the lands of the County of Sonoma as described in that deed recorded as
Document Number 1994- 052403, Sonoma County Records, being more particularly described as
follows.
Being that portion lying easterly of a line 45.00 feet easterly of and parallel with the centerline of
Stony Point Road as said centerline is shown on that Record of Survey recorded in Book 505 of
Maps at pages 33 -46, Sonoma County Records.
This description was prepared by me or under my direction in conformance with the
requirements of the Professional Land Surveyor's Act.
Ell
Stephen �1. J-,-W Bricks, Expii /31/2012
Parcel 4
The southern 30 feet measured at right angles to the centerline of Wilfred Avenue of the
following described property:
Being a portion of Farm #134 of Santa Rosa Farms Subdivision #2, as recorded in Book #21 of
Maps on page 14, Sonoma County Records, and more particularly described as follows:
Beginning at the Southeast corner of said Farm #134, said point of beginning being on the
centerline of Wilfred Avenue; thence North I' West along the Easterly line of said Farm #134,
380.00 feet to the Northeast corner of said Farm #134; thence South 89° West along the
Northerly line of said Farm #1.34, 229.26 feet to an iron pipe; thence South l ° East, 380.00 feet
to the centerline of Wilfred Avenue; thence North 89° East, 229.26 feet to the point of beginning.
ALL-PURPOSE
CERTIFICATE CALIFORNIA D
State of California
County of &tnOwla
On '2-DI2, before me, candTA L _ �_Q Z> �i 51`t y%.t
s (Here insert name and title of the officer)�—
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(&) is /ere subscribed to
the within instrument and acknowledged to me. that he /shetxhey executed the same in4i�s /hel:Aheir authorized
capacity("), and that by hi-s /her / signature(-&} on the instrument the person(4,, or the entity upon behalf of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tifle or description of off attached document)
(Title or des ription of attached document continued)
Number of Pages ..2—_ Document Date 1% 1111'2-
(Additional infomtati n)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attorney -in -Fact
• Trustee(s)
[?-Other Zna Y rr (?,�Ia t
2008 Version CAPA v12.10.07 800 - 973 -9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
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mast also be the same date the acknowledgment is completed.
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Print the name(s) of document signer(s) who personally appear at the time of
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CERTIFICATE OF ACCEPTANCE
(Government Code § 27281)
This is to certify that the interest in real property conveyed by the Grant Deed dated
2012, from the COUNTY OF SONOMA, a political
subdivision of the State of California, to the CITY OF ROHNERT PARK, a California
municipal corporation ( "City "), is hereby accepted on , 2012,
by the undersigned officer or agent on behalf of the City pursuant to the authority
conferred by City Council Resolution No. , adopted on
2012, and the City Council consents to recordation of said document in Office of the
Recorder of Sonoma County, State of California.
DATED: 2012 CITY OF ROHNERT PARK
By: _
Name:
Title:
(Notary Acknowledgement Required)
ACKNOWLEDGEMENTS
State of California
County of Sonoma
On , 2012, before me,
(insert name and title of the officer) personally appeared
(name of individual appearing) 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
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 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.
(SEAL)
(Notary Signature)
State of California
County of Sonoma
On , 2012, before me,
(insert name and title of the officer) personally appeared
(name of individual appearing) 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
person(s), 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.
(SEAL)
(Notary Signature)