2013/06/25 City Council Resolution 2013-096RESOLUTION NO. 2013 -096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING A QUITCLAIM DEED FROM THE COUNTY OF SONOMA FOR
WILFRED AVENUE ADDITIONAL RIGHT OF WAYS
(APN 134 - 261 -003 and 134 -264 -007)
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, accepted by City Council Resolution No. 2013 -039 and
recorded as Instrument Number 2013034294, Sonoma County Records;
WHEREAS, additional county right of way areas are needed from the side streets along
Wilfred Avenue;
WHEREAS, the County has conveyed these additional areas by Quitclaim Deed
executed on May 31, 2013 and the Quitclaim Deed is hereby attached to and incorporated herein
Exhibit A;
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;
J11- S:05 -d
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:
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. City Manager Authorization. The City Manager 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.
DULY AND REGULARLY ADOPTED this 25t" day of June, 2013.
1
NAnne Buergler, City Clerk
Exhibit: Deed
CITY OF ROHNERT PARK
Pam Stafford, Mayor `
AHANOTU:'1-)--i BELFORTE: jam{ �. MACKLNZIE: CALLINAN: STAFFORD:
AYES: ( ) NOES: ( G ) ABSENT: ( C'> ) ABSTAIN: ( U )
2013 -096
RECORDING REQUESTED BY
CITY OF ROANERT PARK
•.�:r s : • : r r : 001 -9 t6j,
City of Rohnert Park
City Clerk
130 Avram Ave.
Rohnert Park, CA 94928
(SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
Reard rree per Gov, Cade Sec 17383
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby aclazowledged,
THE COUNTY OF SONOMA, A POLITICAL SUBDIVISION
OF THE STATE OF CALIFORNIA
Hereby quitclaims to:
THE CITY OF ROHNERT PARK,
A CALIFORNIA MUNICIPAL CORPORATION
All that Real property situated in the unincorporated area of the County of Sonoma, State of California,
described as follows:
SEE EXHIBIT "A" ATTACHED
Dated 3 , 201?
APNs 134- 25X -XXX, 045- 05X -XXX, 045- 07X -XXX
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County of Sonoma
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California ) ss.
County of S h a m Cc )
On Aop—, 34 02 l3 before me, 0' rD E. h odko, &6ry Xokh- ,
Notary Public, personally appeared
who proved to note on the basis of satisfactory evidence to be the person(t)—whose name(s) islu,e-
subscribed to the within instrument and aelmowledged to me that he/slte4he executed the same in
his,�ey,khe authorized capacity(ies), and that by his /heh4heir- signature(-3j- 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.
Signature
CART E. MSON
COMM. #1929638 Z
NOTARY PUBLIC - CALIFORNIA
SONOMACOl1NTY
MY COMM. �� April 12, 2015
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the quitclaim deed dated
, 2013 from the County of Sonoma, a body corporate and politic under the laws of the State
of California to the City of Rohnert Park, a California municipal corporation is hereby accepted
on , 2013, by the undersigned officer or agent on behalf of the City of Rohnert Park
pursuant to authority conferred by City Council Resolution No. 2013- adopted on
2012, and the City Council consents to recordation thereof by its duly authorized
officer.
Dated: 32012 By:
Name:
Its:
r:\ projects \maint \wilfred\quitcl aim to rp 2.doex
RBF CONSULTING
500 Ygnaclo Valley Road, Suite 300
Walnut Creek, Callfomla 94596 .
March 6, 2013
J N: 50- 100964
Page 1 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM
APN 134- 261 -003 and 134 - 264.007
PARCELS
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot A
and a portion of Lot 24, 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 also being a portion of Lot A of land as
described in the Grant Deed, from Stanley John Poncia to The Stanley J. Poncla Living Trust, recorded
on May 3, 2005, in Document Number. 2005060129 of Official Records, in said Office of County
Recorder, more particularly described as follows:
BEGINNING at the intersection of the westerly right of way of Primrose Avenue, formerly designated
Rose Avenue on said map (21 M14) with the southerly right of way line of Wilfred Avenue as shown on
said map (21 M 14);
Thence, easterly South 89 °35'41" East 40.00 feet to the intersection of the easterly right of way line of
Primrose Avenue with said southerly right of way of Wilfred Avenue;
Thence, southerly along said easterly right of way line South 00 024'19" West 25.00 feet to a point, said
point also being 45.00 feet measured at right angles and lying southerly from the centerline of Wilfred
Avenue, as shown on that certain Record of Survey filed December 16, 2011 in Book 747 of Maps at
Pages 50 -53, in said County Recorder's Office;
Thence, westerly and leaving said easterly right of way line, parallel to said centerline of Wilfred Avenue
(21 M 14), North 89 °35'41" West 40.00 feet to said westerly right of way;
Thence, northerly along said westerly right of way line, North 00 °24'19" East 25.00 feet to the POINT OF
BEGINNING.
CONTAINING 1,000 Square Feet, more or less.
LEGAL DESCRIPTION
QUITCLAIM
APN 045 - 071 -002 and 045 -072 -001
PARCEL 2
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 69
and a portion of Lot 78, 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 also being a portion of Lot 69 of land as
described in the Grant Deed, from Stanley John Poncia to The Stanley J. Poncia Living Trust, recorded
on May 3, 2005, in Document Number: 2005060129 of Official Records, In said Office of County Recorder
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RBF CONSULTING'
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
March 6, 2013
JN: 50- 100964
Page 2 of 3
and being a portion of Lot 78 as described In the Grant Deed, from Robert L. Clark, Trustee of the Robert
L. Clark Trust dated June 25, 2001 to Graton Economic Development Authority, recorded on October 18,
2012, In Document Number. 2012103306 of Official Records, in said Office of County Recorder, more
particularly described as follows:
BEGINNING at the Intersection of the westerly right of way of Whistler Avenue, formerly designated as
Locke Avenue on said map (21 M14) with the southerly right of way line of Wilfred Avenue as shown on
said map (21 M 14);
Thence, easterly along said southerly right of way of Wilfred Avenue South 89 °35'41" East 40.00 feet to
the intersection of the easterly right of way line of Whistler Avenue with said southerly right of way of
Wilfred Avenue;
Thence, southerly along said easterly right of way line South 00 °30'02" West 25.00 feet to a point, said
point also being 45,00 feet measured at right angles and lying southerly from the centerline of Wilfred
Avenue, as shown on that certain Record of Survey filed December 16, 2011 in Book 747 of Maps at
Pages 50 -53, in said County Recorder's Office;
Thence, westerly and leaving said easterly right of way line, parallel to said centerline of Wilfred Avenue
(21 M 14), North 89 °35'41" West 40.00 feet to said westerly right of way;
Thence, northerly along said westerly right of way line, North 00 °30'32" East 25.00 feet to the POINT OF
BEGINNING.
CONTAINING 1,000 Square Feet, more or less.
LEGAL_ DESCRIPTION
QUITCLAIM
APN 045 -072 -007 AND 045 - 073 -001
PARCEL 3
That certain parcel of land situated in the County of Sonoma, State of California, being a portion of Lot 97
and a portion of Lot 106, 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 97 as
described in the Grant Deed, Andreas C. Christoforidis and Edith Christoforidis to Christoforidis Family
Trust, recorded January 23, 2004, in Document Number: 2004009195 of Official Records, at said County
Recorder's Office and being a portion of Lot 106 as described in the Grant Deed, from SC Sonoma
Development, LLC. To The United States of America in Trust for The Federated Indians of Graton
Rancheria, Califamia, recorded October 4, 2010 in Document Number: 2010085121 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 the westerly right
of way line of Langner Avenue, formerly designated as Whistler Avenue on said map (21 M 14)
Thence, easterly South 89 035'41" East 40.00 feet to the Intersection of the easterly right of way line of
Langner Avenue with said southerly right of way of Wilfred Avenue;
H t \PDATA\50100964\Adm i n\lega l \Quitclaim\964leg ooi - 00.3- QC.docx
RBF CONSULTING
500 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94596
March 6, 2013
J N: 50- 100964
Page 3 of 3
Thence, southerly South 00 "29'10" West 56.50 feet to a point, said point also being 76.50 feet measured
at right angles and lying southerly from the centerline of Wilfred Avenue, as shown on that certain Record
of Survey fled December 16, 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's
Office;
Thence, North 67 °09'58" West 43.25 feet to said westerly right of way line;
Thence, northerly along said westerly right of way line, North 00 °29'10" East 40.00 feet to the POINT OF
BEGINNING.
CONTAINING 1,930 Square.Feet, more or less.
BASIS OF BEARINGS The bearings and distances contained herein are based upon the Record of
Survey flied December 16 2011 in Book 747 of Maps at Pages 50 -53, in said County Recorder's Office,
David Baumann, P.L.S. 7309
License Expires March 31, 2013
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