2019/10/08 City Council Resolution 2019-124 RESOLUTION NO. 2019-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR PUBLIC
PURPOSES IN THE REMNANT PARCEL EAST OF APN 047-132-038 AND
AUTHORIZING THE CITY MANAGER TO INITIATE EMINENT DOMAIN ACTION
TO ACQUIRE FEE INTEREST
WHEREAS,the City of Rohnert Park("City")and the County of Sonoma("County")
are parities to that certain agreement dated September 25, 2001, wherein the City agreed to
mitigate its encroachment into approximately 114 acres of the voter-approved Community
Separator("the Community Separator Agreement"); and
WHEREAS, through its Development Agreement with the University District LLC and
Vast Oak L.P., the City has secured titled to Assessor's Parcel No. 047-132-038 ("City Parcel"),
which has been identified in the Community Separator Agreement as a high priority mitigation
site because of its location and proximity to parkland property owned by the County; and
WHEREAS the City proposes to acquire the fee interest in a 16-foot-wide remnant
parcel east of the City Parcel (the "Remnant"), as more fully described and depicted in Exhibits
A and B attached hereto and incorporated herein by this reference for the purpose of ensuring
that it can comply with its obligations under the Community Separator Agreement(the
"Project"); and
WHEREAS the City has determined that the fee interest in the Remnant(the"Property
Interest") is held by the heirs to Henry Barnes, to whom the Property Interest was deeded in
1937; and
WHEREAS the City has successfully negotiated the purchase from three such heirs their
shares of the Property Interest; and
WHEREAS the City has been unable to determine whether any other heirs of Henry
Barnes are currently alive and, if so, their whereabouts, and therefore has been unable to
purchase the remaining shares of the Property Interest; and
WHEREAS, pursuant to section 1245.235 of the Code of Civil Procedure, the City
scheduled a hearing for October 8, 2019 at 5 pm at the Council Chambers, located at 130 Avram
Avenue, Rohnert Park, CA 94928 and gave each person whose property is to be acquired notice
by publication of the hearing, and a reasonable opportunity to appear at said hearing and be heard
on the matters set forth herein; and
WHEREAS, said hearing has been held by the City and each affected property owner
was afforded an opportunity to be heard on said matters; and
WHEREAS,the City may now adopt a Resolution of Necessity pursuant to section
1240.040 of the Code of Civil Procedure.
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES FIND,
DETERMINE,RESOLVE,AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds, based upon the substantial evidence contained in
the record, including the written and oral staff reports presented to the City Council with respect
to the proposed acquisition of the Property Interest for the Project, as well as all other written and
oral testimony submitted at the October 8, 2019 hearing, as follows:
A. That the Property Interest to be acquired by the City consists of the fee interest in the
approximately one-half acre Remnant as more fully described and depicted in Exhibits A
and B hereto.
B. The Public Interest and Necessity Require the Project. The City is seeking to acquire the
Property Interest in order to work with the County of Sonoma to allow the City Parcel to
satisfy its obligations under the Community Separator Agreement. Such compliance is in
the public interest and is necessary to meet the City's contractual obligations.
C. That the Project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury. Based on research by staff and
consultants, it does not appear that the Property Interest has been used in any way for
many years. Those current owners of the Property Interest the City has been able to
contact and negotiate with were not aware of the Remnant or their interest in it. The City
has no reason to believe that any of the remaining heirs, who have not been located,will
suffer any injury whatsoever as a result of the acquisition of the Property Interest, and the
acquisition will not affect the rights of the owners of the easement on the Remnant. No
person will be displaced as a result of the acquisition of the Property Interest. As such,the
Project will achieve an important public good (preservation and mitigation of community
separators, consistent with voter approved plans)with very little, if any, private injury.
D. That the Property Interest is necessary for the Project and such taking is authorized by
Section 19, of Article I of the California Constitution; Sections 37350.5, 40401 et seq.
and 40404 of the California Government Code, Sections 1230.010 et. seq. and 1240.140
of the California Code of Civil Procedure, and other applicable law.
E. That all conditions and statutory requirements to exercise the power of eminent domain to
acquire the Property Interest described herein have been complied with by the City.
F. That the offer required by Section 7267.2 of the Government Code has not been made
because the remaining owners of the Property Interest cannot be located with reasonable
diligence.
G. That the City has complied with Code of Civil Procedure section 1245.235 regarding the
provision of necessary notice of the hearing on this Resolution.
SECTION 2. Based upon the forgoing facts, findings and conclusions,the City Council hereby
declares its intention to acquire the Property Interest in accordance with all applicable laws of the
State of California governing proceedings in eminent domain.
SECTION 3. If any portion of the area of the Property Interest has been appropriated to some
public use, the public use in furtherance of the Project is a more necessary and paramount public
Resolution 2019-124
2
use, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not
unreasonably interfere with or impair the continuance of the public use as it then exists or may
reasonably be expected to exist in the future, pursuant to Code of Civil Procedure section
1240.510.
SECTION 4. The law firm of Burke, Williams& Sorensen, LLP, is authorized and directed to
bring an action in the Superior Court of the State of California, County of Sonoma, against all
owners and claimants of the Property Interest described herein for the purpose of acquiring the
Property Interest for the public use of the Project and to do all things necessary to prosecute such
an action to its final determination in accordance with applicable law. The authorized attorneys
are instructed to make an application to the court for an order fixing the amount of security by
way of money deposits as the court may direct and for an order permitting the City to take
possession and use of the Property Interest for the use and purposes herein described.
SECTION 5. The City Manager is authorized to engage the services of any consultant deemed
necessary to complete the acquisition of the Property Interest and to sign and verify any and all
complaints or other instruments necessary to maintain and complete an action in eminent
domain.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
DULY AND REGULARLY ADOPTED this 8t"day of October, 2019.
CITY OF ROHNERT PARK
�"�N�
Gina o ayor
ATTEST:
Anne M. Buergler, City C1 k
Attachments: Exhibits A and B
ADAMS: MACKENZIE: STAFFORD: CALLINAN: BELFORTE:
AYES: ( ) OES: ( ) ABSE : ( ) ABSTAINJO
Resolution 2019-124
3
EXHIBIT A
ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF SONOMA, STATE OF CALIFORNIA,
LYING WITHIN THE COTATE RANCHO, TOWNSHIP 6 NORTH, RANGE 7 WEST, MOUNT DIABLO
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1/2" IRON PIPE TAGGED LS 5143 FROM WHICH A FOUND 1/2"
IRON PIPE BEARS NORTH 76032'59" WEST 1555.81 FEET(MAP=1556.00 FEET) AS SHOWN
ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 582 OF MAPS PAGE 10, SONOMA
COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LANDS OF THE CITY OF
ROHNERT PARK SOUTH 76032'59" EAST 2.307.55 FEET TO A 1/2" PIPE TAGGED LS 5143,
AS SHOWN ON SAID MAP, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH
76032'59" EAST 18.43 FEET TO 1/2" IRON PIPETAGGED LS 4489 ON THE WEST LINE
OF THE LANDS OF THE COUNTY OF SONOMA AS RECORDED BY DEED IN BOOK 2989 OF
OFFICIAL RECORDS PAGE 580 SONOMA COUNTY RECORDS, AS SHOWN ON SAID MAP; THENCE
ALONG THE WEST LINE OF SAID LANDS NORTH 16016'46 WEST 1060.05 TO A 3/4" IRON
PIPE, NO TAG, AS SHOWN ON SAID MAP; THENCE NORTH 32013'32" 579.26; THENCE
LEAVING SAID WEST LINE NORTH 870`30'16" WEST 19.47 FEET TO A 1/2" IRON PIPE,
TAGGED LS 5143, AS SHOWN ON SAID MAP; THENCE SOUTH 32013'32" EAST 588.11 FEET
TO A 1/2" IRON PIPE, TAGGED LS 5143, AS SHOWN ON SAID MAP; THENCE SOUTH
16016'46" EAST 1048.67 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 26,209 SQUARE FEET, MORE OR LESS.
DATE; SEPTEMBER 10, 2018
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