2013/03/26 City Council Resolution 2013-060RESOLUTION NO. 2013 -060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING GRANT OF EASEMENT FOR RIGHT OF WAY FROM
US DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS ON LANDS HELD
IN TRUST FOR THE FEDERATED INDIANS OF GRATON RANCHERIA
(APN 045- 073 -001)
WHEREAS, the Department of the hlterior, Bureau of Indian Affairs accepted
approximately 254 acres of land in Sonoma County in trust for the benefit of the Federated
Indians of Graton Rancheria ( "Tribe ") including Property located along Wilfred Avenue (APN
045- 073 -001).
WHEREAS, the widening of Wilfred Avenue /Golf Course Drive West is called for in
the City and County's general plans.
WHEREAS, the City of Rohnert Park entered into a Joint Exercise of Powers Agreement
( "JEPA ") with Sonoma County representatives, and the Tribe to facilitate the road widening of
Wilfred Avenue (hereinafter Wilfred Avenue Improvement Project).
WHEREAS, the JEPA provides for the Tribe to consent to the grant of a perpetual right
of way by the Secretary of the Interior through his authorized representative, the Bureau of hrdian
Affairs ( "BIA ") over that portion of the Project area between Labath Avenue and Lang
Avenue required for the Wilfred Avenue Improvement project.
WHEREAS, the Tribe has provided its consent for the grant of a perpetual right of way
and the BIA has executed the necessary Grant of Easement for Right of Way to the City for and
on behalf of the Tribe.
WHEREAS, the City desires to accept the Grant of Easement and Right of Way
consistent with the Project.
WHEREAS, the Wilfred Avenue hnprovement 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 acquisition of a perpetual easement proposed herein was anticipated in the
approval of the Wilfred Avenue Improvement Project and is a subsequent action toward
implementing said project. Accepting the proposed Grant of Easement of Right of Way does not
involve any substantial changes to the Project, nor would such acceptance cause new or more
severe environmental impacts. For those reasons, neither the obligation to comply with CEQA
nor the statute of limitations on that prior action is re- triggered by this action toward
implementing the project.
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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rol-inert Park
that it does hereby resolve, determine, find and order as follow:
Section 1. Acceptance of Grant of Easement and Right of Way. The City Council of the City of
Rohnert Park hereby accepts the attached Grant of Easement of Right of Way, in substantially
similar form as provided for in the attaclunent hereto subject to minor modification by the City
Attorney, which is incorporated by this reference, from the United States Department of the
Interior, Bureau of Indian Affairs, Central California Agency for property located along Wilfred
Avenue known as Assessor Parcel Number 045- 073 -001.
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 attached certificate of acceptance, 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 Grant
of Easement of Right of Way in the office of the Recorder of the Sonoma County, State of
California for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 26th day of March, 2013.
sY
a-k-''A
Anne Buergler, City Cleric
Attachments:
CITY OF ROHNERT PARK
Pam Stafford, Mayor
A. Certificate of Acceptance
B. Grant of Easement and Right of Way with Exhibits (legal description and plat map)
AIIANOTU: A i BELFORTE: )1( }; MACKENZIE: OVJV CALLINAN: fair~ STAFFORD: P\`I(;
AYES: ( � , ) NOES: ( c) ) ABSENT: ( 0, ) ABSTAIN: ( () )
2013 -060
RECORDING AT REQUEST OF Attachment A
AND WHEN RECORDED RETURN TO:
City of Rohnert Park
City Manager's Office
130 Av am Avenue
Rohnert Park, CA 94928
EXEMPT FROM RECORDER'S FEES
PURSUANT TO GOVERNMENT CODE
SECTIONS 6103 AND 27383
Space Above This Line for Recorder's Use Only
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
CITY OF ROHNERT PARK
conveyed above is hereby accepted by order of the
A California Municipal Corporation
Council of the City of Rollnert Park pursuant to council
Resolution No. , dated 20 and
the City consents to recordation thereof by its duly
By:
authorized officer.
Pamela Stafford
Recording of this document is requested for an on behalf
Title: Mayor
of the City of Rohnert Park pursuant to Section 27383 of
the Government Code.
Date:
Attachuzent B
KNOW ALL MEN BY THESE PRESENTS:
That the United States of America, acting by and through the Department of the Interior, Bureau of Indian
Affairs, Central California Agency, 650 Capitol Mall, Suite 8 -500; Sacramento, CA for, and on behalf of the
Federated Indians of Graton Rancheria a federally recognized tribe, hereinafter referred to as GRANTOR,
under authority contained in 209 DM 8 dated November 17, 1981, 230 DM 1 and 3 IAM 4 dated July 19,
2000 and Sacramento Redelegation Order No. 1 (43 FR 30131, July 13, 1978) and pursuant to the
provisions of the Act of February 5, 1948 (62 Stat. 17; 25 USC 323 -328); and Part 169, Title 25, Code of
Federal Regulations, which by reference are made a part hereof; for good and valuable consideration , the
receipt of which is hereby acknowledged, does hereby grant to the City of Rohnert Park, Development
Services Department, of 130 Avram Avenue, Rohnert Park, CA 94928, its successors and assigns,
hereinafter referred to as GRANTEE; an easement for right -of -way for the following purposes, specifically:
To enter upon the hereinafter described land; grade, level, fill, drain, pave, build, maintain, repair, and
rebuild a public road, including incidental purposes consistent therewith, together with such bridges,
culverts, ramps, and cuts as may be necessary.
Over the land embraced within a right -of -way situated on the following described lands:
more particularly shown on the attached Exhibit "A" Legal Description for Right of Way and Utility Easement
said right -of -way is limited to and more particularly described as shown on Exhibit B, attached hereto, and
made a part hereof.
To have and to hold the said easement and right -of -way unto the GRANTEE and unto its successors and
assigns subject to the following provisions:
1. GRANTEE agrees to indemnify the landowners and authorized users and occupants against any
liability for loss of life, personal injury and property damage arising from the construction,
maintenance, occupancy or use of the lands by the applicant, his employees; contractors and their
employees, or subcontractors and their employees.
2 GRANTEE agrees to restore the land to its original condition, as far as is reasonably possible, upon
termination or revocation of this easement for any reason. Failing to comply with this stipulation,
GRANTEE agrees to bear all expenses and costs incurred by the owner and/or the United States in
accomplishing said restoration.
3. GRANTEE agrees to that during the term of this Grant of Easement, if any previously unidentified
cultural resources are discovered within the easement area; work should be halted immediately and
the BIA and/or Tribal Contractor should be contacted immediately.
4. GRANTEE agrees to construct and maintain the right -of -way in a workmanlike manner.
5. GRANTEE agrees to clear and keep clear the lands within the right -of -way to the extent compatible
with the purpose of the right -of -way; and dispose of all vegetative and other material cut, uprooted or
otherwise accumulated during construction and maintenance of the project.
6. GRANTEE agrees to take soil and resources conservation protection measures, including weed
control, on the land covered by the right -of -way.
7. GRANTEE agrees to do everything reasonable within its power to prevent and suppress fires on or
near the lands to be occupied under the right -of -way.
S. GRANTEE agrees to build and repair such roads, fences and trails as may be destroyed or injured by
construction work and to build and maintain necessary and suitable crossings for all roads and trails
that intersect the works constructed, maintained; or operated under the right-of-way-
9. GRANTEE agrees to that upon revocation or termination of the right -of -way, the applicant shall, so far
as is reasonably possible, restore the land to its original condition. The determination of "reasonably
possible" is subject to Secretary's approval.
10. GRANTEE agrees at all times to keep the Secretary informed of its address, and in case of
corporations, of the address of its principal place of business and the names and addresses of its
principal officers.
11. GRANTEE agrees to not interfere with the use of the lands by or under the authority of the
landowners for any purpose not inconsistent with the primary purpose for which the right -of -way is
granted.
This easement is subject to any prior valid existing right or adverse claim and is without limitation as to
tenure so long as said easement shall be actually used for the purpose above specified; PROVIDED, that
this right -of -way may be terminated in whole or in part by the GRANTOR for any of the following causes
upon 30 days written notice, and failure of the GRANTEE within said notice period to correct the basis for
termination (25 CFR 169.20):
1. Failure to comply with any term or condition of the Grant, or the applicable regulations.
2. A non -use of the right -of -way for any consecutive two -year period (for the purpose for which
it was granted),
3. An abandonment of the right -of -way, as determined by the BIA.
The condition for this easement shall extend to and be binding upon and shall inure to the benefit of the
successors and assigns of the GRANTEE.
IN WITNESS WHEREOF. GRANTOR has executed this grant of easement this 7th day of
March, 2013.
UNITED D ST'AT'ES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Central California Agency
Sacramento, CA
Troy Burdi &, Superintendent
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
On , i'. ,; before mc, ,`
personally appeared _ �,�, �_1 C:, e < who proved to me on
a
the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he /,-,, executed the same in his /tier, authorized capacity,
and that by his/h,�A, signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY nuclei- the laws of the State of California that the
foregoing paragraph is true and correct.
-a
OLLIE BEYAL
Commission # 1686367
WITNESS my hand and official seal.
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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- 073 -001
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
106, Santa Rosa Farms No. 2, filed on March 7, 1910 in Book 2.1 of Maps, at Page 14, in the Office of the
County Recorder of said Sonoma County and being a portion of Lot 106 as described in the Grant Deed,
from Redwood Equities Investments, L.L.C. to SC Sonoma Development, LLC., recorded on August 11,
2005, in Instrument Number 2005117988 of Official Records, at said County Recorder's Office, more
particularly described as follows:
A strip of land 56.50 feet wide, the northerly line of which is described as follows
BEGINNING at the intersection of the southerly right of way line of Wilfred Avenue and easterly right of
way line of Langner Avenue as shown on the Record of Survey filed December 16, 2011 in Book 747 of
Maps at Pages 50 -53, in said County Recorder's Office;
Thence, easterly along said southerly right of way of Wilfred Avenue, South 89 °35'41" East 552.71 feet to
the northeast corner of said Lot 106:
Sidelines shall be lengthened or shortened so as to terminate on said easterly right of way of Langner
Avenue and the easterly line of said Lot 106.
CONTAINING 31,229 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.
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Page 1 of 2
EXHIBIT "A„
LEGAL DESCRIPTION
RIGHT OF WAY AND UTILITY
EASEMENT
APN 045- 073 -001
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot
124, 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 124 as described in the Grant Deed,
from Redwood Equities Investments, L.L.C. to SC Sonoma Development, LLC., recorded on August 11,
2005, in Instrument Number: 2005117988 of Official Records, at said County Recorder's Office, more
particularly described as follows:
BEGINNING at the intersection of the southerly right of way line of Wilfred Avenue with easterly line of Lot
106 as shown on the Record of Survey filed December 16, in Book 747 of Maps at Pages 50 -53, in said
County Recorder's Office,
Thence, easterly along said southerly right of way of Wilfred Avenue, South 89 °35'41" East 572.71 feet to
the centerline of Labath Avenue as shown on said Record of Survey (747 M 50),
Thence, southerly along the said centerline South 00 "27'48" West 69.57 feet,
Thence, westerly and leaving said centerline North 89 °32'12" West 36.39 feet;
Thence, northwesterly North 37 °47'26" West 16.58 feet;
Thence, westerly and parallel with said southerly right of way of Wilfred Avenue, North 89'35'41" West
526.07 feet to said easterly line of said Lot 106;
Thence, northerly and along said easterly line North 00 °28'29" East 56.50 feet to the POINT OF
BEGINNING.
CONTAINING 32,900 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.
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David Baumann, P.L.S. 7309
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