HomeMy WebLinkAboutCC Resolution 9311 (Happy Valley Easements)RESOLUTION NO. 9 311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DECLARING ITS INTENT TO CLOSE, ABANDON AND
VACATE A CERTAIN DRAINAGE DITCH AND PIPE ON LOTS 28,
3, 4, 5, 6 AND 7 OF THE SUBDIVISION ENTITLED "HAPPY
VALLEY TRACT" AS SHOWN ON THE MAP OF "HAPPY VALLEY"
SAN RAFAEL, MARIN COUNTY RECORDED AT PAGE 65 OF
BOOK 1, MARIN COUNTY, RECORDS
WHEREAS, a natural swale existed through lots 28, 3, 4, 5, 6, and 7 of
that certain subdivision known as "Happy Valley Tract" subdivision, draining surface
storm water from the southern portion of the intersection of Jewel and Broadview
Streets to the middle of the western side of Park Street; and
WHEREAS, piping of a portion of this drainage swale was installed by
the property owners, and subsequently this pipe as well as the open ditch, was
utilized as a drainage facility for storm water runoff; and
WHEREAS, the City has improved the drainage of storm water from
this area by constructing a completely new storm drain under the street, from the
intersection of Jewel and Broadview Streets to the middle of the western side of
Park Street thereby bypassing the old ditch and pipe system; and
WHEREAS, as a result of this new construction, the old ditch -and -
pipe -drainage swale no longer serves any present or prospective public purpose.
as follows:
NOW, THEREFORE, the City Council of the City of San Rafael resolves
1. That the City of San Rafael intends to declare that the ditch -and -
pipe drainage system in the swale from the southern intersection of Jewel and
Broadview Streets, transversing Lots 28, 3, 4, 5, 6 and 7 of Subdivision Happy
Valley Tract, to the middle of the western side of Park Street, as more particularly
shown on the attached map labeled Exhibit "A", is unnecessary for present or
prospective public use; and
2. That the City of San Rafael intends to order closed, abandoned and
vacated under Section 8333(c) of the Streets and Highways Code of the State of
California, that drainage easement, if any, acquired by prescription or dedication as
described in Paragraph (1) above, and, as is more particularly described in Exhibit
"A"; and
3. That the City Council of the City of San Rafael shall conduct a public
hearing no sooner than fifteen (15) days after the adoption of this Resolution of
AL A0
RESOLUTION NO. 9311
Intent to Vacate Easement, to hear evidence on whether the easement described
in Exhibit "A" is unnecessary for present or prospective purpose and said hearing
shall be posted and noticed according to the provisions of the Streets and
Highways Code; and
4. That Monday, the 3rd day of April, 1995, at 8:00 o'clock P.M.. in
the Council Chambers at the City Hall in the City of San Rafael, California. is hereby
set as the time and place for hearing all persons interested in the proposed
closing, abandoning and vacation of said easement.
I. JEANNE M. LEONCINI, 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 Monday, the 6th day of March, 1995,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini &
NOES: COUNCILMEMBERS: None Mayor Boro
ABSENT: COUNCILMEMBERS: None
JE NE M. LEONCINI, City Clerk
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