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2004/09/14 City Council Resolution (4)RESOLUTION NO. 2004 -217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Accepting the Public Testimony Regarding the Proposed Sale of Real Property Owned by the City of Rohnert Park west of U.S. 101 and north of the Rohnert Park Expressway (the "Stadium Lands ") Declaring the Stadium Lands to be Surplus and Approving an Amendment to Option to Purchase and Purchase Agreement for the Stadium Lands (Gov. Code §§ 37350, 37420, et seq. and 54220, et seq.) WHEREAS, the City of Rohnert Park owns 40 acres of land west of U.S. 101 and north of the Rohnert Park Expressway in Rohnert Park, California, also known as Assessor's Parcel Nos. 143- 040 -103 -000, 143- 040 -104 -000, 143- 040 -106 -000, 143- 040 -109 -000, and shown on the map attached as Exhibit A to this resolution (the "Stadium Lands "); and WHEREAS, on April 8, 2003, the City entered into an "Option to Purchase and Purchase Agreement" with Redwood Equities, LLC, which becomes effective on the date on which the City Council declares the Stadium Lands to be surplus property; and WHEREAS, the Stadium Property consists of wastewater ponds, the former Rohnert Park Baseball Stadium, the KRCB radio station parcel, and some vacant land; and WHEREAS, the wastewater ponds are no longer necessary to serve the City's needs; and WHEREAS, the Rohnert Park Baseball Stadium is no longer in operation; and WHEREAS, the procedure by which the City of Rohnert Park can dispose of surplus real property is provided by the law of the State of California at Government Code Section 54220 et seq.; and WHEREAS, in accordance with Government Code section 54222, the City of Rohnert Park has offered to sell the Stadium Lands, at appraised value, to low- income housing providers; and WHEREAS, in accordance with Government Code section 54222, the City of Rohnert Park has offered to sell or lease the Stadium Lands for park or recreation or open space purposes to the park or recreation department of Rohnert Park, the regional park authority with jurisdiction over the City of Rohnert Park, and the California Resource Agency; and WHEREAS, the City of Rohnert Park has not received responses from low income housing or park or recreation providers, and WHEREAS, in accordance with Government Code section 65402, on July 29, 2004, the Planning Commission for the City of Rohnert Park determined that the sale of the Stadium Lands was consistent with the General Plan for the City of Rohnert Park; and Reso. No. 2004 -217 (page 2 of 2) WHEREAS, pursuant to Government Code section 37421, the City Council has resolved that the public interest and convenience require the sale of the Stadium Lands and has adopted a resolution of its finding and intention to sell the Stadium Lands; and WHEREAS, pursuant to Government Code section 27424, any person interested may protest the proposed sale; and WHEREAS, pursuant to Government Code section 37425, if no protests are received or the City Council overrules the protests by a 415 vote of its members, the City may proceed with the sale; and WHEREAS, the City of Rohnert Park wishes to dispose of the Stadium Lands and return any proceeds gained from the sale of the Stadium Lands to the City's General Fund; and WHEREAS, the City Council declared the Stadium Lands to be surplus at its August 10th meeting; but wishes to hear any public protests before declaring the Stadium Lands surplus and rendering the "Option to Purchase and Purchase Agreement" effective. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby finds and authorizes the following: Section 1. The City Council rescinds the portion of its August 10th resolution stating that the Stadium Lands are surplus property. Section 2. The City Council declares the Stadium Lands to be surplus property on this date. Section 3. The City Council approves the "Amendment to the Option to Purchase and Purchase Agreement for the Stadium Lands" and the City Manager is hereby authorized and directed to execute same for and on behalf of the City of Rohnert Park. PASSED, APPROVED, AND ADOPTED on this fourteenth day of September, 2004 by the following vote: AYES: Five (5) Councilmembers Flores, Mackenzie, Spradlin, Vidak- Martinez and Mayor Nordin NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) ATTEST: Ci Cler udy auf '9 - rvK­; BUSINESS PARK DRIVE 1.15 Ac. CARLSON AVE R/W DEDICATION 0.93 Ac. EXIST. LABATH AVE R/W --, 1.18 Ac. MARTIN AVE R/W DEDICA NORTHWEST ROHNERT PARK COMMERCIAL CENTER PRELIMINARY AREAS (for Reso. No. 2004 -217) ___� __� ___ - -- - =-JJ !jow DOWDELL AVE ' ' O i EXTENSION I .i ..W 5.74 Ac. I I i 2.93 Ac. DOWDELL AVE SOtJTN;---------- W R/W DEDICATION i W Q - -- 10.91 Ac. Q p 0 0,0 /'X� 44( ao 10 = - --- ,�/ - JOB NO: SCALE: 03 -110 1" = 400' DATE: 09 -10 -04 CIVIL DESIGN CONSULTANTS, INC. 2200 Range Avenue, Suite 204 Santa Rosa, CA 95403 (707) 542 -4820 � -A3 if 4 = W( ' 1 Q' '9.77 Ac. EXCLUDING Z i ICUL ®DE —SAC 0.99 Ac. ; i NEW CUL -DE —SAC i R/W DEDICATION , 1.15 Ac. CARLSON AVE R/W DEDICATION 0.93 Ac. EXIST. LABATH AVE R/W --, 1.18 Ac. MARTIN AVE R/W DEDICA NORTHWEST ROHNERT PARK COMMERCIAL CENTER PRELIMINARY AREAS (for Reso. No. 2004 -217) ___� __� ___ - -- - =-JJ !jow DOWDELL AVE ' ' O i EXTENSION I .i ..W 5.74 Ac. I I i 2.93 Ac. DOWDELL AVE SOtJTN;---------- W R/W DEDICATION i W Q - -- 10.91 Ac. Q p 0 0,0 /'X� 44( ao 10 = - --- ,�/ - JOB NO: SCALE: 03 -110 1" = 400' DATE: 09 -10 -04 CIVIL DESIGN CONSULTANTS, INC. 2200 Range Avenue, Suite 204 Santa Rosa, CA 95403 (707) 542 -4820 � -A3 if 4