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HomeMy WebLinkAboutCC Resolution 9301 (Abandoning Easement ay Bayview Tract)When recorded mail to: City of San Rafael Jeanne M. Leoncini, City Clerk P. O. Box 151560 San Rafael, CA 94915-1560 r^1 95-007647'1 Rec Fee I Total Recorded I Official Records I County of I MARIN I JOAN C THAYER I Recorder I 9:46am 14 -Feb -95 I SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 9301 A RESOLUTION ORDERING THE CLOSING, ABANDONING AND VACATING OF TWO EXISTING EASEMENT LANES - BAYVIEW TRACT SUBDIVISION NO. 1 WHEREAS, the City Council of the City of San Rafael, on the 19th day of December 1994, adopted Resolution No. 9271 entitled "Resolution of Intention to vacation two existing easement lanes - Bayview TYact Subdivision No. 1"; and WHEREAS, said Resolution was posted as required by law; and WHEREAS, the Department of Public Works, of the City of San Rafael, California, conspicuously posted notices of easement vacation as required by law; and WHEREAS, a hearing was held this day as required by law and said Resolution No. 9271, at which hearing the Council of the City of San Rafael heard evidence offered by persons interested; and WHEREAS, it appears from all evidence submitted that the following described easement lanes are unnecessary for present or prospective public use; and WHEREAS, the vacations shall preserve the rights of Pacific Gas and Electric Company as follows: "Excepting and Reserving therefrom pursuant to the provisions of Section 8340 of the Street and Highways Code for the benefit of Pacific Gas and Electric Company, the permanent easement and the right from time to time to construct, reconstruct, maintain, operate, replace, remove, repair, renew and enlarge lines of wires, poles, electrical conductors and other convenient structures, equipment and fixtures for the operation of electric facilities, including access, and also the rights to: trim and cut trees and brush that may be a hazard to the facilities; keep the property free from inflammable materials; and prevent any building or structure within ten (10) feet of the center line of said facilities." 1 XX 4 G93 01 RESOLUTION NO. 9301 WHEREAS, the vacations shall preserve the rights of Pacific Bell as follows: "EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE PROVISIONS OF Section 8340 of the Street and Highways Code and for the benefit of Pacific Bell, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines and other communication facilities, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of facilities abandoned." WHEREAS, the vacations shall_ not affect the rights of any existing private use of the lanes by private parties. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. That the following described easement areas are unnecessary for present or prospective public use: 2. That the following described easement areas are hereby ordered closed, abandoned and vacated: 3. That the easement areas closed, abandoned and vacated are described on Exhibit "A" which is attached hereto and incorporated herein by reference. 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 February, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 4 JE E M. LEONCINI, City Clerk 7 EXHIBIT "A" DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: THAT CERTAIN Lane 4 feet in width lying between Lots 15 and 16, as shown on the map entitled, 'Bay View Tract, Subdivision 1", filed July 3, 1913 in Book 4 of Maps at Page 46, Marin County Records. DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: THAT CERTAIN Lane 4 feet in width lying between Lots 35 and 36, as shown on the map entitled, 'Bay View Tract, Subdivision I", filed July 3, 1913 in Book 4 of Maps at Page 46, Marin County Records. p 0 ` i001 4 FOOT WIDE EASEMENT LANES TO BE VACATED