2022/01/25 City Council Resolution 2022-012 RESOLUTION NO. 2022-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ORDERING THE SUMMARY VACATION OF CERTAIN EXCESS PORTIONS OF
STREET RIGHT-OF-WAY LOCATED ADJACENT TO BODWAY AND DIRECTING
RELATED ACTIONS
WHEREAS, California Streets and Highways Code section 8300 et seq. permits the
vacation of public streets, highways and easements under specific conditions; and
WHERAS,the City and SOMO Village, LLC ("SOMO") entered into an Amended and
Restated Development Agreement dated May 28, 2021 and recorded as Document Number
2021070368 in the Official Records of the County of Sonoma("SOMO DA"); and
WHEREAS,the SOMO DA provides that SOMO shall purchase, and City shall sell and
transfer an approximately 25,000 square foot excess right-of-way located adjacent to Bodway
Parkway, south of Camino Colegio and north of Valley House Drive and legally described and
depicted on Exhibit A, attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, sections 8335 and 8336 of the California Streets and Highways Code
provide that the City Council may summarily vacate public right-of-way by adopting a resolution
of vacation and following the procedures outlined in the Streets and Highways Code; and
WHEREAS, the City of Rohnert Park desires to vacate the Property; and
WHEREAS, the Property is excess right-of-way that is not required for present or future
street or highway purposes and there are no in-place public utilities that would be affected by the
vacation; and
WHEREAS, vacation of the Property is consistent with the Rohnert Park General Plan;
and
WHEREAS, the City now desires to vacate the Property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES RESOLVE, DETERMINE, FIND,AND ORDER AS FOLLOWS:
1. The City Council finds that all of the above recitations are true and correct and,
accordingly, are incorporated as a material part of this Resolution.
2. The City Council hereby finds that pursuant to Section 8334(a) of the California
Streets and Highway Code, the Property described and depicted in Exhibit A is excess right-of-
way and is not now required for the street or highway purposes for which it was acquired and is
hereby vacated. From and after the date this Resolution is recorded the Property shall no longer
constitute a public right-of-way.
3. The City Clerk shall certify to the adoption of this Resolution and pursuant to Streets
and Highways Code Section 8336(a), cause a certified copy of this Resolution to be recorded in
the Office of the Recorder of Sonoma County.
Resolution 2022-012
1
DULY AND REGULARLY ADOPTED this 25th day of January 2022.
CITY OF ROHNERT PARK
ie 1 , ayor
ATTEST:
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Sylvia Lopez evas, City Clerk
Attachment: Exhibit A
GIUDICE: join HOLLINGSWORTH-ADAMS: a STAFFORD: \ Fit .
LINARES: F Lic., ELWARD: jQ
AYES: ( 4 ) NO S: ( 0) ABSENT: e 0 ) ABSTAIN:( 1 ) U
Resolution 2022-012
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Exhibit A to Resolution
EXHIBIT A
Legal Description for Right-of-Way Vacation
Lying within the City of Rohnert Park, County of Sonoma, State of California, being a portion of
the right-of-way of Bodway Parkway as dedicated in that Grant Deed filed under Document
Number 1994-0080331, Sonoma County Records, and a portion of Bodway Parkway and
Camino Colegio as dedicated on that map entitled Hewlett-Packard Subdivision No. 1 filed in
Book 386 of Maps at Pages 45 through 47, Sonoma County Records, said portions are more
particularly described as follows:
Commencing at the northerly centerline intersection of Bodway Parkway and Valley House
Drive, said point being marked by a 3-inch brass disk stamped “City of Rohnert Park PLS 8614”,
in a city standard monument well, from which a 3-inch brass disk stamped “City of Rohnert Park
PLS 8614”, in a city standard monument well, marking the beginning of a curve along the
centerline of Valley House Drive bears South 89°59’37” West 554.21 feet as shown on that map
of SOMO Village Phase Zero filed in Book of Maps, at Pages , Sonoma
County Records; thence leaving said centerline intersection, along the centerline of Valley House
Drive South 89°59’37” West 58.63 feet to a point on the westerly right-of-way of Bodway
Parkway as shown on said map of SOMO Village Phase Zero; thence leaving said centerline,
along said westerly right-of-way North 0°01’31” West 64.26 feet to a point on the northerly
right-of-way of Valley House Drive, said point also being the southeast corner of Parcel A as
shown on said map of SOMO Village Phase Zero and the POINT OF BEGINNING; thence
leaving said southeast corner, along the common line of Parcel A and said westerly right-of-way
of Bodway Parkway North 0°01’31” West 1263.58 feet; thence along a curve to the left, having a
radius of 35.00 feet, through a central angle of 89°58’52”, for a length of 54.97 feet to a point on
the northerly line of said Parcel A, said point also being on the southerly right-of-way line of
Camino Colegio as shown on said map of SOMO Village Phase Zero; thence leaving said point,
on the extension of the common line of said Parcel A and said southerly right-of-way line of
Camino Colegio North 89°59’37” East 30.69 feet; thence leaving said extension of the common
line South 45°00’35” East 30.13 feet; thence along a line that is parallel with said westerly right-
of-way of Bodway Parkway South 0°01’31” East 1262.70 feet; thence leaving said parallel line
along a non-tangent curve to the right, the radius point of which bears North 56°39’35” West
40.50 feet, through a central angle of 32°05’18”, for a length of 22.68 feet to the POINT OF
BEGINNING.
Containing 0.505 acres more or less.
END OF DESCRIPTION
Basis of Bearing: Centerline of Bodway Parkway being North 00°00’47” West from the
centerline intersection of Bodway Parkway and Wisdom Lane, said intersection being marked by
a 3-inch brass disk stamped “PLS 7935” in a city standard monument well to the centerline
intersection of Bodway Parkway and Camino Colegio being marked by a 2-inch brass disk
stamped “RCE20160” in a city standard monument well as shown on the map of Southeast
Estates Subdivision filed in Book 781 of Maps at Pages 31 through 38, Sonoma County Records.
Exhibit E-2 to Agreement
821 3 through 10
EXHIBIT A
Legal Description for Right-of-Way Vacation
Cinquini & Passarino, Inc. CPI No.: 8839-20
1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106
Santa Rosa, CA 95401 Page 2 of 2 www.cinquinipassarino.com
Prepared by Cinquini & Passarino, Inc.
____________________________ _____________________
Anthony G. Cinquini, P.L.S. 8614 Date