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2016/07/12 City Council Resolution 2016-79RESOLUTION NO. 2016-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK VACATING A 40 -FOOT WIDE PUBLIC RIGHT-OF-WAY IN FAVOR OF ASSESSOR'S PARCEL NUMBERS 045-082-057, 045-082 065, 045-075-005, 045-075- 006,045-082-035 AND 045-082-058 AND FINDING THE ACTION CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT FOR THE WILFRED DOWDELL SPECIFIC PLAN AREA WHEREAS, on July 14, 1992, the City Council of the City of Rohnert Park (City Council) approved Resolution 1992-118 which abandoned and vacated approximately 465 feet of the 40 -foot wide public right-of-way known as Willis (Bloom) Avenue; and WHEREAS, on September 23, 2008, the City Council approved Resolution 2008-155 certifying the Environmental Impact Report for the Wilfred Dowdell Specific Plan which included the vacation of the remaining right-of-way of Willis (Bloom) Avenue; and WHEREAS, when it considered the Planning Application for the Sportsman's Warehouse Project, the City required the vacation of approximately 760 feet of the remaining 40 -foot wide public road right-of-way as a condition of the approval of that project; and WHEREAS, the Developer of the Sportsman's Warehouse Project has submitted a complete application to support the vacation of the public -right-of-way including a petition, plats, legal descriptions, and confirmation from other public agencies and private utilities that the right-of-way is not necessary; and WHEREAS, Streets & Highways Code Section 8320 et.seq. provides that the City may act on this application and undertake the vacation process on its own initiative; and WHEREAS; on June 14, 2016 the City Council approved Resolution 2016-058 initiating the vacation, setting a Public Hearing for July 12, 2016 and directing related actions; and WHEREAS, Government Code 65402 provides that the Planning Commission must make a finding of General Plan consistency before certain public easements or rights-of-way can should be vacated and or abandoned; and WHEREAS, on June 21, 2016, the Planning Commission did hold a Public Hearing regarding the vacation and made determination of General Plan Consistency; and WHEREAS, after considering the matter, the City Council has determined that the aforesaidpublic right-of-way should be abandoned based upon the following findings: 1. That the portion of road right-of-way referred to as Willis (Bloom) Avenue is not needed as a public roadway. 2. That alternate roadways will be constructed to serve the adjacent property owners and general public. That the road right-of-way is not necessary and it would be in the best interest of the public health, safety and welfare to abandon the aforesaid public road: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the vacation of approximately 760 feet of Willis (Bloom) Avenue is covered under within the scope of the Wilfred Dowdell Specific Plan Environmental Impact Report. BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that is does it does hereby authorize and approve vacating a 40 -foot wide public right-of-way in favor of Assessor's Parcel Numbers 045-082-057, 045-082 065, 045-075-005, 045-075-006, 045-082- 035 and 045-082-058 as outlined in the legal descriptions attached as Exhibits A-1, B-1, A -2a, A2 -b, B-2, A-3 and B-3 to this Resolution. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute all documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 12th day of July, 2016. ATTEST: 1 a4t,t,) k" Caitlin Saldanha, Deputy City Clerk CITY OF ROHNERT PARK Attachments: Exhibits A-1, B-1, A -2a, A2 -b, B-2, A-3 and B-3 AHANOTU: CALLINAN: STAFFORD: MACKENZIE: _ BELFORTE: A hs'e 4 AYES: (4 ) NOES: ( D ) ABSENT: I ) ABSTAIN: ( 0 ) (2) 2016-79 EXHIBIT A-1 VACATION OF PUBLIC RIGHT OF WAY & INTERESTS A portion of Willis Avenue (formerly Bloom Avenue) City ofRohnert Park, State of C'alif'ornia [to be added to the Lands of Tiffany Mannar, LP, DN 2003-240180, Sonoma County Records, APN 045-082-057 & 065] All of the easterly one half of Willis Avenue (formerly Bloom Avenue), a 40 foot public Fight of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on the "Subdivision of Santa Rasa Farms No. 2" filed March 7, 1910 in Boot: 21 of Maps, Page 1.4, Sonoma County Records, lying within Lots 169 and 170 as said lots are shown and delineated on said subdivision map. RESERVING FROM THE ABOVE VACATION an easement for Public Storm Drain purposes over the entire parcel described above_ ALSO RELINQUISHMENT of all public interest indicated in that "Covenant Burdening Land And Improvements, Wi{lis Avenue" recorded September 16, 1993 under Official Records Document Nomber 1993-0116758, Sonoma County Records, specifically the dedication of "Right of Way" and "Public 13tility Easement". Date: • LA+Vo � o PAUL M. BROWN) :0 No. PLS 5087 * J L 3" Brass Disc stamped RCE OO 20160 in standard street monument well per 543 Maps 46-48 1/2" Iron Pipe tagged RCE 20160 per 543 Mops 46-48 ® or 3/4" Iron Pipe tagged LS 2757 per 406 Maps 14-15 160 ti Exhibit B-- I "Rohnert Pork Parcel Mop No. 157" 543 Maps 46-48 01 20' strip, easterly 1/2 of WINs Avenue, formerly Bloom Avenue, a public right of wv per 21 Maps 14, adjacent to Lots 169, 170 2 } 10' strip, per Covenant '--J to dedicate right cif way per GAN 1993-116758 Covenant to grant Public Utility Easement \per DN 1993-116758 r I I I I I �6 1 182 I City of Rohnert I Park per DN 1993-116759 L -- - __--- - - ---- - �.._- Lands of Tiffany Manor, LP ON 2003-240180 4 20, strip, westerly 112 of Willis Avenue, formerly Bloom Y1 venue, a public — — righ t of way - — per 21 Maps 114, od bcen t Ito Lot 159 � f IT 1b 11 1 APN 045-082-057, 065 i I 170 181 t v I 171 'Racord of Survey" 4106 Maps 14-15 En U �! PAUL M. BROOM o 0- Na PLS 5087 O {c EL 4LP e - C � 1 wn, PLS 5087 co, ~ my license expires 6130/17 Job No. 15170 180 7! !. C%E This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description. Vocc Non P/a t City of kohnert Park, California adobe associates, inc. ci�i� cx�gxttrori�l�,jlauci �usV�yfr:�.�lewater 1220 N. L)ulte,sn, alive ti��Yla f�rasa, t.;s. 954()I I' (707) ;4l -21,00; F (767) 541 -2301 APN 045-082-057, 065 June 2015 EXHIBIT A -2a VACATION OF PUBLIC RIGHT OF WAY A portion of Willis Avenue. (formerly Bloom Avenue) City ofRohnerL Park, State offCaiifornia [to be added to the Lands of Sebastopol Co -Op, LLC, DN 2006-024150, Sonoma County Records, APN 045-075-0051 All of the Westerly one half of Willis Avenue (formerly Bloom Avenue), a 40 ffoot public right of way "dedieat.ed to public for public,, use" and accepted by the Board of SrIpervisors of the COLInty of Sflnolrla on the "Subdivision of Santa Rosa Farms No. 2" filed March 7, 19 10 in Book 21 of Maps, Page 14, Sonoma County Records, lying within Lot 159 as said lot is shown and delineated on said subdivision map, excepting the northerly 12,75 feet of Willis Avenue crossing said Lot 159. Date: -- .-� a PAUL M. BROWN No. PLS 5087 Prepared b IMAM"' �P cowl , 5097 �� c�+a+f��c+ E}Xn I B I T A -2b VACATION OF PUBLIC RIGHT OF WAY A poi-tioll of Willis Aven.uc (forrnerly Bloom Avenue) City of Rohrrf.rt Park, Skate oXali ornaa Ito be added to the Lands orKeniu-th C. Martin & Donna L. Martin Living Trust (60% interest) and Sebastopol Co -Op, LLC; (40% interest), DN 2006-030696 & DN 2011- 045959, Soraorna C'olimy records, respectively, APN 045-075-006] All of the Westerly 0110 half of Willis kvemle (formerly Bloom Avenue), a 40 foot public. right of way "dedic8ted to public f01- public use" and accepted by the Board of Supervisors ul'the County of Sonoma on the "Subdivision of Santa rnsa .Farms No. 2" haled kkarch 7. 1910 in Book 21 of Maps, Page 14, Sonoma County Records, lying within Lot 158 as said lot is sh(vwn and delineated on said subdivision map. Date: a PAUL M. �RC�W'N * {,tc, pL9 6De7 Prepared 1:) waulBrown, PLS 5097 QP E Ln I r 0 This exhibit is for graphic Ex t int/ i t purposes only Any error. or omissions on this exhibit shall not affect the deed description. F W!1/Is Avenue, rorrrrel-ly -1-11 f Avenue, a 40' public right of way per 21 Maps 14, adjacent to Lots 158, 159, excepting the northerly 12.75' of Willis Avenue across Lot 159 MM ,Business Park° Drive 0 i i n, 5 5087 my lice se expires 6'7'30/17 Job No. 15170 Vaca tion Pla t City of Rohnert Park, California adobe associates, inc. civil eaig+inctring Ilnnd ,,wrvcying `west-valer 1220 N. Dutton, +1ve , SsLnla Rasa, Ca. 95401 J P (707) 541-2300; r (70i 541-2301 APN 045-075-005, 006 June 2015 EXHIBIT A-3 VACATION OF PUBLIC RIGHT OF WAY A portion of Willis Avenue (formerly Bloom Avenue) City of Rohnert Park, State of California [to be added to the lands of JMS Property, LLC; DN 1999-088089 & 2002-086410, Sonoma County Records, APN 045-082-035 & 0581 All of the Easterly one half of Willis Avenue (formerly Bloom Avenue), a 40 foot public right of way "dedicated to public for public use" and accepted by the Board of Supervisors of the County of Sonoma on 11,10 "Subdivision of Santa Rosa Farms No. T' tiled March 7, 1910 in book 21 ol`Maps, Page 14, Sonoma County Records, lying, within Lots 171, 172 & 173 as said lots are shown. and delineated on said subdivision reap. EXCEPTING FROM THE ABOVE VACATION that portion abandoned and vacated by the City of Rohnert Park by Resolution No. 92-118 and recorded under Official Records Document Number 1994-0086927, Sonoma County Records RESERVING FROM THE ABOVE VACATION an easement for Public Storm Drain purposes over the entire parcel described above. Date:fi PAUL M.p10�IN 't No. PLS 5087 Prepared p *Pl Bron S 5087w Exhibit B-3 i7o Kenneth C. Martin & Donna L. Martin Living crust (60X Interest) Sebastopol +CO--+�, LLC a 6, (40X in ter@st) aN 2006-0,30696 DN 2011-045959 APN 045-075-006 J 758 41 E o[ 1 �!I in 6110 In 1 20' strip, easterly 112 of Willis Avenue, formerly Bloom Avenue, a 40' public nigh t of way per 21 Mops 14, odjacen t to Lots 171, i 172, 173 ¢ 20' strip, westerly 112 of WIIlis Avenue, formerly Bloom Avenue, i a 40' public nigh t of way per 21 Maps 14, adjacent to Lots 158 I 771 Lands pf tiffany Manor, LP DN 20013-240180 APN 0-0f32--057, 065 172 JVS Property LLC DN 1999-088689 D DN 2002-086410 APN 045-082-035 APN 045-082-058 I 'R'ecord of Survey" 406 Mops 14-15 I 1 17,3 40' "Willis Avenue" ice--' formerly Bloom A venue i abandoned by DN I 1994-086927 7 Busines Park Drive Pfful + M. "mown, Ars 5087 my license expires 6130/17 Job No. 15170 LAlf,+p� PAUL M. 13ROWtV CL tie. PIS 15087 OF 'C4\\ This exhibit is for graphic purposes only. Any errors or omissions on this exhibit shall not affect the deed description, Vaca tion Plc t City of Rohnert Park, California APN 045-075-005, 006 adobe associates, inc. civil cn&,IneLms 11kind suzvrr),619 Iwastew•atec 1220 N. Oultnn, Ave., Sana Rosa, Ca. 954)1 P (707) 541-2300; F (707) 541-2301 June 2015