HomeMy WebLinkAboutCC Resolution 14123 (Martens Blvd Public Utility Eeasement)RESOLUTION NO. 14123
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT #61, #67, #73 AND #81 MARTENS BLVD., APN 012-
194-01, 012-194-12, 012-194-13, AND 012-194-14, SAN RAFAEL CALIFORNIA
WHEREAS, there exists a three (3) foot Public Utilities Easement ("PUE") on
#61, #67, and #81 Martens Boulevard as described on Book 2420 Pages 190 to 191, Book
3101 Pages 307-308; and
WHEREAS, the PUE is more particularly described in Exhibit "A" and shown in
Exhibit `B", attached hereto and incorporated herein by reference; and
WHEREAS, vacation of the PUE is requested by the owner of 81 Martens
Boulevard, and is supported by written statements of the affected property owners of 61,
67, and 73 Martens Boulevard; and
WHEREAS, there is no known present or prospective public use of the PUE; and
WHEREAS, staff has provided written notice to utilities operating in the area on
January 4, 2016 to identify any objections to the vacation of the PUE; and
WHEREAS, of the five (5) utilities notified, the City received four (4) responses
indicating no objection to the easement vacation, and no response from the fifth utility;
and
WHEREAS, notice of intent to vacate the PUE was approved by City Council on
April 18, 2016 as City of San Rafael Resolution 14104; and notice was physically posted
on site on April 29th, 2016 and printed in the Marin Independent Journal on April 301h,
2016.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Council of the City of San Rafael, California hereby elects to
proceed under the general vacation procedure in Streets & Highways Code
Section 8320, being part of the PUBLIC STREETS, HIGHWAYS, AND
SERVICE EASEMENTS VACATION LAW of the State of California;
2. That on Monday, the 16th day of May 2016, in the Council Chambers at City
Hall in the City of San Rafael, California, a noticed public hearing was held
for all persons interested in the proposed closing, abandoning and vacation of
said easement;
3. That the City Council of the City of San Rafael, California, hereby declares
the three (3) foot Public Utility Easement described in Exhibit "A" attached
hereto and incorporated herein by reference, to be closed, vacated and
abandoned;
4. That said easement proposed to be closed, abandoned and vacated, is
described on the map attached as Exhibit `B" hereto and incorporated herein
by reference.
5. That both the description of said easement, Exhibit "A", and the map of said
easement, Exhibit `B", are on file in the office of the City Clerk of the City of
San Rafael at City Hall, San Rafael, California.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 16th day of May, 2016, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2
ESTHER C. BEIRNE, City Clerk
RECORD WITHOUT FEE,
PER GC 27383 AND
WHEN RECORDED, RETURN TO:
City of San Rafael
City Clerk, Room 209
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Esther Beirne, City Clerk
111110131111111111 11111111111111T
2016-0057B9!
RESOLUTION NO. 14123
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT #61, #67, #73 AND #81 MARTENS BLVD.,
APN 012-194-01, 012-194-12, 012-194-13, AND 012-194-14,
SAN RAFAEL CALIFORNIA
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RESOLUTION NO. 14123
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT #61, #67, #73 AND #81 MARTENS BLVD.,
APN 012-194-01, 012-194-12, 012-194-13, AND 012-194-14,
SAN RAFAEL CALIFORNIA
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RESOLUTION NO. 14123
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT #61, #67, #73 AND #81 MARTENS BLVD., APN 012-
194-01, 012-194-12, 012-194-13, AND 012-194-14, SAN RAFAEL CALIFORNIA
WHEREAS, there exists a three (3) foot Public Utilities Easement ("PUE") on
#61, #67, and #81 Martens Boulevard as described on Book 2420 Pages 190 to 191, Book
3101 Pages 307-308; and
WHEREAS, the PUE is more particularly described in Exhibit "A" and shown in
Exhibit `B", attached hereto and incorporated herein by reference; and
WHEREAS, vacation of the PUE is requested by the owner of 81 Martens
Boulevard, and is supported by written statements of the affected property owners of 61,
67, and 73 Martens Boulevard; and
WHEREAS, there is no known present or prospective public use of the PUE; and
WHEREAS, staff has provided written notice to utilities operating in the area on
January 4, 2016 to identify any objections to the vacation of the PUE; and
WHEREAS, of the five (5) utilities notified, the City received four (4) responses
indicating no objection to the easement vacation, and no response from the fifth utility;
and
WHEREAS, notice of intent to vacate the PUE was approved by City Council on
April 18, 2016 as City of San Rafael Resolution 14104; and notice was physically posted
on site on April 29th, 2016 and printed in the Marin Independent Journal on April 30th
2016.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Council of the City of San Rafael, California hereby elects to
proceed under the general vacation procedure in Streets & Highways Code
Section 8320, being part of the PUBLIC STREETS, HIGHWAYS, AND
SERVICE EASEMENTS VACATION LAW of the State of California;
2. That on Monday, the 16`h day of May 2016, in the Council Chambers at City
Hall in the City of San Rafael, California, a noticed public hearing was held
for all persons interested in the proposed closing, abandoning and vacation of
said easement;
3. That the City Council of the City of San Rafael, California, hereby declares
the three (3) foot Public Utility Easement described in Exhibit "A" attached
hereto and incorporated herein by reference, to be closed, vacated and
abandoned;
4. That said easement proposed to be closed, abandoned and vacated, is
described on the map attached as Exhibit `B" hereto and incorporated herein
by reference.
5. That both the description of said easement, Exhibit "A", and the map of said
easement, Exhibit `B", are on file in the office of the City Clerk of the City of
San Rafael at City Hall, San Rafael, California.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 16`h day of May, 2016, by the following vote to wit:
sec C;+y CoL),nO cl eyevi(,14 (-qc)'4 od�a cked
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2
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ESTHER C. BEIRNE, City Clerk
EXHIBIT "A"
DESCRIPTION OF THREE (3) FOOT WIDE PUBLIC UTILTIES EASEMENT
(PUE) TO BE VACATED
A NON-EXLUSIVE easement appurtenant to parcels located at 61, 67, 73, & 81 Martens
Boulevard for public utilities over, on or under a strip of land the uniform width of 3 feet
lying westerly of and adjacent to the following described line;
BEGINNING at a point which bears North 77°20' West 23.86 feet, North 89°20'West
59.63 feet, South 33°44'West 30.66 feet, South 5°16' East 91.45 feet, South 23°16' East
17.0 feet and North 80°00' East 75.52 feet from the Northwest corner of the property
described in the Deed to Klotovich recorded December 2, 1946 in Book 533 of Oficial
Records at page 459, Marin County Records; running thence northerly in a direct line to
the above mentioned northwest corner of the property described in said Deed to
Klotovich, et ux.
Said easement also described and set forth in grant deed from Hickock to Face recorded
in Book 2420 at Pages 190 and 191, Recorded on December 1, 1970, Marin County
Records, and described and set forth in grant deed from Billinghurst to Peters, recorded in
Book.3101 at Pages 307 and 308, Recorded on October 18, 1976, Marin County Records,
and described and set forth in grant deed from Maffei to Maffei trust, recorded in
Document no. 2007-0058193, Marin County Records.
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MARTS
fVs B
N 89°20'w OULEVA
58.63' R�
2396. N�2p�
61 MARTENS
BOULEVARD
APN 12-194-01 - z
S 89'16'E
79.62' kr_ 1 S
67 MARTENS o ;�
BOULEVARD
APN 12-194-12
81 MARTENS
N�o_ S 80°E
BOULEVARD
APN
ws 82.52' 12-194-12
m.
73 MARTENS
BOULEVARD
APN 12-194-13 60i
NOTE: THIS EXHIBIT HAS BEEN \
PREPARED FOR GRAPHICAL
PURPOSES ONLY AND IT NOT TO
SCALE. ANY ERRORS OR CONTAINED
ON THIS EXHIBIT WILL LOT AFFECT
THE DESCRIPTION.
APRIL 2016
5� �9, S good
2
EXHIBIT "B"
PUBLIC UTILITY EASEMENT
TO BE VACATED
AFFECTING 61,67, 73, & 81
MARTENS BOULEVARD
(APNs 12-194-01, 12=194-12, 12-194-13, & 12-194-14)
j CRY OF
�� Agenda Item No: 6_a
Meeting Date: May 16, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Kevin McGowan City Manager Approval:
Interim Director of Public Works (JM)
File No.:09.06.66
TOPIC: VACATION OF A UTILITY EASEMENT AT #61, #67, #73 and #81 MARTENS
BLVD.
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL VACATING AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT #61, #67, #73, AND #81 MARTENS BLVD., APN 012-194-01,
012-194-12,012-194-13, AND 012-194-14, SAN RAFAEL CALIFORNIA
RECOMMENDATION: Adopt resolution.
BACKGROUND: The subject Public Utilities Easement (PUE) crosses three properties,
located at 61, 67, & 81 Martens Boulevard. The easement was not shown on a recorded map, but
is listed on recorded deeds. The easement serves four properties located at 61, 67, 73, & 81
Martens Boulevard. There are no known utilities within this easement, and this easement is not
utilized by the property owners served by the easement or a utility.
The original purpose of this easement is unknown. On January 4, 2016, the Department of Public
Works forwarded written requests to the utilities operating in the area to identify any objections
to vacation and abandonment of this easement. To date no known objections to the vacation of
this easement have been received. The vacation is requested by the owner of 81 Martens Blvd.,
who has provided a written letter of support signed by the affected property owners of 61, 67 and
73 Martens Boulevard. Currently, an existing structure encroaches on to the easement. The
owner is requesting the vacation to make further improvements on the property.
ANALYSIS: California Streets and Highways Code Section 8320 authorizes the legislative
body of a local agency to initiate a proceeding for general vacation upon a petition or request of
an interested person. As stated, vacation of this easement is requested by the property owner of
81 Martens Boulevard. A written letter of support was also provided, signed by the affected
property owners of 61, 67 and 73 Martens Boulevard. On January 4, 2016 the Department of
Public Works wrote to five utilities operating in the area requesting that they identify any
FOR CITY CLERK ONLY
File No.: 2-4-41
Council Meeting: 05/16/2016
Disposition: Resolution 14123
SAN RAFAEL CITY CG NCIL AGENDA REPORT / Page: 2
objections to vacation and abandonment of this easement. Four utilities responded and do not
have objections. AT&T/Pac-Bell did not respond. While it would be helpful to secure written
confirmation that the utilities do not object to the vacation easement, this is not required. Based
on the Streets and Highways Code Section 8320, the City is required to provide notice of the
proposed hearing to the utilities and they have the option to respond prior to or at the hearing. In
this case appropriate notification has been given.
City of San Rafael Resolution 14104 approved the notice of intent for vacation and set the public
hearing for the City Council Meeting on Monday, May 16`h, 2016. Notice was physically posted
on site on April 29`h, 2016 and in the Marin Independent Journal on April 30', 2016 in
accordance with the notification requirements of California Streets and Highways Code Section
8320.
FISCAL IMPACT: None
OPTIONS:
1. Adopt the resolution.
2. Do not adopt the resolution vacating this public utility easement, which may limit the
property owner from building or making improvements to the property.
ACTION REQUIRED:
Adopt the Resohrtion.
Enclosures (3)
1. Resolution
2. Exhibits "A" and `B", Legal Description and Plat respectively
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. f
State of California
County of M A 2r N
Oil -P-EC - )2/.2-a,4' before
(Date)
me,��%tn kpa,.y
(insert name and title of the ofP'cer)
personally appeared L -54 k e—Y' i moi? who
proved to me on the basis of satisfactory evidence to be the person whose name]
is/,ag subscribed to the within instrument and acknowledged to me that/she/ 7
executed the same inW/her/tWr authorized capacity(, and that by b /her/ fir
signaturev on the instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
,••W'L OP��. JOHN J. NUNEZ
COMMISSION #2111384
NOTARY PUBLIC - CALIFORNIA
WITNESS my hand and official seal. m ' SONOMA COUNTY
MY COMMISSION EXPIRES
MAY 14, 2019
nature (Seal)
OPTIONAL DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: 6)L.L-i-) O n
Document Date: �r�G— / G Number of Pages: 2
Other Information: �J
California Notary Training Center/FonnO I -A/2015
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