HomeMy WebLinkAboutCC Resolution 10604 (Terrace Lane Easement)RESOLUTION NO. 10604
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE RECORDATION OF
GRANT DOCUMENTS CONVEYING TO THE CITY A
PUBLIC PEDESTRIAN EASEMENT OVER THE PROPERTY
COMMONLY KNOWN AS "TERRACE LANE", SAN
RAFAEL, MARIN COUNTY.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
WHEREAS, the City is authorized by Section 11 of the City Charter to acquire property
interests by eminent domain for a public purpose, and is authorized by Section 18 of the City
Charter to establish public rights of way, and by Government Code Sections 37350.5 and 40404
to acquire property interests by eminent domain for public purposes including establishing
pedestrian rights of way; and
WHEREAS, the environmental impact report for the Oakwood subdivision identified the
provision of pedestrian easements across private roadways as mitigation for the potential loss of
open space as a result of the subdivision; nevertheless, such a pedestrian easement was not
provided across Terrace Lane on the final subdivision map; and
WHEREAS, the City has undertaken the Terrace Lane Public Pedestrian Easement
Acquisition Project (the "Project") for the purpose of providing pedestrian and non -motorized
conveyance (bicycle) access between the existing public street known as Terrace Avenue and
public open space maintained by the City; and
WHEREAS, in order to undertake the Project, it is necessary for the City to acquire
easements burdening property that is currently privately owned; and
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WHEREAS, the City has entered into agreements providing for the acquisition of such
easements; and
WHEREAS, the Project has previously been the subject of environmental review by the
City at the time of the hearing on this resolution, incorporated by this reference, specifically by
approval of a Negative Declaration finding that the Project has no significant environmental
impacts.
NOW, THEREFORE BE IT RESOLVED:
1. The City Council hereby authorizes the City Manager or his designee to execute
Certificates of Acceptance in a form generally consistent with that attached to this Resolution as
Exhibit "A", pursuant to Government Code Section 27281, such as are necessary to acquire
pedestrian and non -motorized conveyance (bicycle) access across Terrace Lane, a private road.
I, JEANNE M. LEONCINI, City 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
San Rafael City Council held on the 20' day of March, 2000, by the following vote to wit:
AYES: Councilmembers: Cohen, Miller, Phillips and Vice -Mayor Heller
NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Boro
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JE ` M. LEONCINI, City Clerk
CERTIFICATE OF ACCEPTANCE
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281
This is to certify that the interest in the real property conveyed by the documents attached
is hereby accepted by the undersigned authorized official or officer on behalf of the City of San
Rafael pursuant to authority conferred by City Council of the City of San Rafael and the City of
San Rafael consents to the recordation of said document or documents in the Office of the
Recorder of Marin, State of California.
Date:
141\12\129628.1
By:
Name:
Title:
EXHIBIT "A"