2024/06/25 City Council Resolution 2024-049 RESOLUTION NO. 2024-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ORDERING THE SUMMARY VACATION OF CERTAIN EXCESS PATH RIGHT-OF-
WAY LOCATED BETWEEN OAK CIRCLE AND LAWRENCE E JONES MIDDLE
SCHOOL, DECLARING THE PROPERTY EXEMPT SURPLUS PROPERTY AND
AUTHORIZING THE TRANSFER TO SNYDER LANE VENTURES, LLC, THE
ADJACENT PROPERTY OWNER
WHEREAS, California Streets and Highways Code section 8300 et seq. permits the
vacation of public streets, highways, and easements under specific conditions;
WHEREAS, on August 14, 2018, the City Council approved Resolution 2018-112,
approving the Development Area Plan and Tentative Map for the Bristol Subdivision, including
its conditions of approval;
WHEREAS, Condition of Approval 103 required dedication and construction of a direct
path to serve as an access point between the subdivision and Lawrence E. Jones Middle School;
WHEREAS, the path was intended to provide a non-automobile path for residents of the
Bristol Subdivision at least until such time that the bicycle and pedestrian infrastructure on
Keiser Avenue and Snyder Lane were complete;
WHEREAS, the final subdivision map for the Bristol Property, recorded on October 16,
2020 in Book 816 of Maps, Pages 12-15 (Document No. 2020094709), included the dedication
of Parcel B, which is approximately 643 square feet, for public use as a pedestrian path
("Property");
WHEREAS, with Resolution No. 2021-112, the City Council accepted, subject to
improvement, the dedication the Property;
WHEREAS, the path improvements were constructed on the Property with the Bristol
Subdivision and have been in use by the public;
WHEREAS, public use of the Property has expanded beyond the intended pedestrian
and bicycle connection and now includes informal automobile-based drop-off and pick-up of
middle school students from outside of the neighborhood:
WHEREAS, the informal drop-off and pick-up practices can create nuisance conditions
in the Bristol Subdivision;
WHEREAS, the City's Capital Improvement Program Project #2017-18 will complete
pedestrian and bicycle infrastructure along Keiser Avenue and Snyder Lane which will eliminate
the need for the path on the Property ("City Improvements");
WHEREAS, staff has consulted with the Bristol Homeowner's Association regarding
vacation of the Property and the Bristol Homeowner's Association has requested that the
Property be vacated in favor of the proposed Snyder Lane Commons development, which will
provide for the closure of the path and landscaping of the Property;
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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;
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;
WHEREAS, on May 23, 2024, the Planning Commission found that the vacation of the
Property is consistent with the Rohnert Park General Plan; and
WHEREAS, the Property is exempt surplus property due to its size of approximately 643
square feet, status as former right-of-way after it is vacated, and proposed transfer to the adjacent
property owner, Snyder Lane Ventures, LLC; and
WHEREAS, the City will save maintenance and management costs due to transfer of the
Property, which is consideration for the transfer to Snyder Lane Ventures, LLC.
WHEREAS, the City now desires to vacate the Property;
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:
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. This Resolution shall be recorded upon completion of the City
Improvements. 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.
4. The City Council hereby declares that the Property is exempt surplus land for the
purposes of the California Surplus Land Act (Government Code Section 54220 et seq.)
based on the following findings:
a. The Property is less than 5,000 square-feet in area and is being transferred to the
owner of contiguous property and is therefore exempt under Government Code
Section 54221(f)(1)(B) and the Surplus Land Act Guidelines 103(b)(3)(B).
b. The Property will be a former right of that is conveyed to an owner of adjacent
property and is, therefore, exempt under Government Code Section 54221(f)(1)(E)
and the Surplus Land Act Guidelines 103(b)(3)(E).
5. The City Council hereby approves and authorizes the transfer of the Property to Snyder
Lane Ventures, LLC for One Dollar, due to the benefit of the transfer of the Property and
the decreased maintenance costs to the City. The City Council further authorizes the City
Manager to execute a Grant Deed and any and all documents necessary to transfer the
Resolution 2024-049
Page 2 of 3
Property to Snyder Lane Ventures, LLC, in forms to be approved by the City Manager
and City Attorney.
6. The City Manager is hereby further authorized and directed to execute any documents and
take any actions necessary to implement this Resolution for and on behalf of the City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 25th day of June, 2024.
CITY OF ROHNERT PARK
ATTEST: Susan H. Adams, Mayor
Sylvia L , t k
PR V D AS TO FORM:
elle . nyon, ttorney
Attachments: Exhibit A: Description of Property to be Vacated and Transferred & Exhibit B:
Map of Property to be Vacated and Transferred
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Resolution 2024-049
Page 3 of 3
Exhibit A
1
Resolution 2024-049 Exhibit A:
Description of Property to be Vacated and Transferred
Parcel B as described on the Final Map for the “Bristol Property a Subdivision of the land
described in Deed Document No. 2020094709, Sonoma County Records, and recorded on
October 16th, 2020 in Book 816, Pages 12 through 15, in the Office of the County Recorder of
the County of Sonoma, State of California, at the request of Darrin Jenkins, City Manager.
Resolution 2024-049 Exhibit B