HomeMy WebLinkAboutCC Resolution 10325 (Terrace Lane)RESOLUTION NO. 10325
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ADOPTING A NEGATIVE
DECLARATION REGARDING A PROJECT
CONSISTING OF THE ACQUISITION BY THE CITY
OF SAN RAFAEL OF EASEMENTS FOR A TRAIL FOR
PUBLIC PEDESTRIAN USE AND NON -MOTORIZED
CONVEYANCE USE (BICYCLES), AND RELATED
EASEMENTS FOR CONSTRUCTION, MAINTENANCE,
AND REPAIR OF SUCH TRAIL, BURDENING THE
PROPERTIES CONTAINING TERRACE LANE IN THE
CITY OF SAN RAFAEL.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
WHEREAS, City staff has proposed a project consisting of the acquisition by the City of
San Rafael of an easement for a trail for public pedestrian use and public non -motorized
conveyance use across Terrace Lane, and a related easement for ingress and egress thereto for
construction, repair and maintenance of such trail, as necessary; and
WHERAS, a review of the subject project pursuant to an environmental Initial Study was
prepared by City staff consistent with the requirements of the California Environmental Quality
Act ("CEQA") and the City's Environmental Assessment Procedures Manual; and
WHEREAS, a draft Negative Declaration on the proposed project was prepared by City
staff based upon the foregoing Initial Study; and
WHEREAS, a notice of intent to adopt the draft Negative Declaration and notice of
public hearing was posted, published, and mailed to property owners within 300 feet of the
proposed project and other interested parties, for the required public review period, as required
by CEQA and the City's Environmental Assessment Procedures Manual;
WHEREAS, on October 19, 1998, the City Council of the City of San Rafael held the
duly noticed public hearing on the draft Negative Declaration on the proposed project;
WHEREAS, the City Council has exercised its independent judgment in evaluating the
Draft Negative Declaration, and has considered the public comments received thereon;
NOW THEREFORE BE IT RESOLVED:
1. The City Council approves and adopts the Negative Declaration, and finds that
there is no substantial evidence that the subject project will have a significant effect on the
environment; and
2. The City Council finds that the approval and adoption of the Negative
Declaration reflects the independent judgment and analysis of the City Council; and
3. The City Council designates the City Clerk as the custodian of the record on the
approval of the Negative Declaration, and directs the City Clerk to file and post the Notice of
Determination provided under CEQA and the City's Environmental Assessment Procedures
Manual.
The foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 19' day of October, 1998, by the following
vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
1)
JEMNE M. LEONCINI, City Clerk
Summary Statement of Basis for Just Compensation
(Government Code Section 7267.2)
Proiect: Terrace Lane Public Pedestrian Trail Easement
Present Use: Private Right -of -Way for Pedestrian and Vehicular Use of Owners of Lots 39, 40
and 41 as shown on Subdivision Map of Oakwood Units 4 & 5.
Owners: Christopher & Carter Bradshaw (AP No. 012-340-08) (Subdivision Lot 41)
Kimball & Michelle Kaufman (AP No. 012-340-16) (Subdivision Lot 39)
Leonard & Judy Stein (AP No. 012-340-10) (Subdivision Lot 40)
Richard D. Murphy, Trustee (AP No. 012-340-13) (Subdivision Lot 30A)
Zoning: Single Family Residential Use
Interest to
be Acouired: Public Pedestrian Trail Easement over a Portion of the Private Right -of -Way
known as Terrace Lane. (See Legal Description included herewith)
Date of
Valuation: June 1, 1998
Determination of Just Compensation Amount:
The City has determined that the just compensation for the proposed easement, as
measured by fair market value, is a nominal value of $500 payable to each of the
four property owners, for a total value of $2,000, based upon an appraisal report
prepared by Charles P. Semple, MAI. This determination is based upon a
comparison of the market value of properties that are proximate to public
pedestrian access points to Open Space lands located in several San Rafael area
neighborhoods, with properties in the same neighborhoods that are more remote
to the public pedestrian access points. A comparison of the sales price of such
proximate and remote properties to these public pedestrian access points does not
reveal any discernible difference in value.
Exhibit "B"
REVISED
.1 1 M
An easement for a trail for public pedestrian use and public non -motorized conveyance use, and a
related easement for ingress and egress thereto for construction, maintenance and repair of such
trail, as necessary, across the following parcels:
1VMrM-1WW= verem
Being an easement of uniform width of five (5) feet running parallel to and northerly of the
centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public
Utilities Easement)", as shown on Lot 39 of that certain Map entitled "Map of Oakwood Units
No. 4 & 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and
containing 750 square feet, more or less.
Being an easement of uniform width of five (5) feet running parallel to and northerly of the
centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public
Utilities Easement)", as shown on Lot 40 of that certain Map entitled "Map of Oakwood Units
No. 4 & 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and
containing 800 square feet, more or less.
Being an easement of uniform width of fifteen (15) feet running parallel to and southerly of the
centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public
Utilities Easement)", as shown on Lot 41 of that certain entitled "Map of Oakwood Units No. 4
& 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and containing
6,800 square feet, more or less.
Being an easement of uniform width of fifteen (15) feet running parallel to and westerly of the
centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public
Utilities Easement)", as shown on Lot 30A of that certain Map entitled "Parcel Map,
Resubdivision of Lots 29, 30, 31 and 32, Map of Oakwood Units 4 & 5", filed in Volume 19 of
Maps, at page 13, City of San Rafael, County of Marin, State of California, filed for record July
7, 1987, in Volume 23 of Parcel Maps, at Page 84, Marin County Records, and containing 2240
square feet, more or less.
Exhibit "A"
REVISED
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