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HomeMy WebLinkAboutCC Resolution 9271 (Bayview Tact Easement Vacation)RESOLUTION NO. 9271 RESOLUTION OF INTENTION TO VACATE TWO EXISTING EASEMENT LANES - BAYVIEW TRACT SUBDIVISION NO. 1 WHEREAS, it appears that the easements hereinafter described are un- necessary for present or prospective public use; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the City Council of the City of San Rafael, California, hereby elects to proceed under the PUBLIC SERVICE EASEMENTS VACATION LAW of the State of California; 2. That the City Council of the City of San Rafael, California, hereby de- clares its intention to close, vacate and abandon the easements hereinafter described; 3. That Monday, the 6th day of February, 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, aban- doning and vacation of said easements. 4. That the Department of Public Works of the City of San Rafael shall post conspicuously notices of easement vacation along the line of said easements pro- posed to be closed, abandoned and vacated, which notices shall be posted not more than three hundred feet apart, but at least three notices shall be posted as to each such easement proposed to be closed, abandoned and vacated. The said notice shall state the time and place of the hearing, as herein above provided, and the adoption of the within resolution of intention. 5. That the proposed 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 per- manent easement and the right from time to time to construct, reconstruct, maintain, operate, replace, remove, repair, renew and enlarge lines of wires, poles, electrical con- ductors 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 facili- ties." I CRIGINA1 q, , RESOLUTION NO. 9271 6. That the proposed 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 per- manent 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." 7. That said easements proposed to be closed, abandoned and vacated are described on Exhibit "A", which is attached hereto and incorporated herein by refer- ence. 8. That a map or plan showing said easements proposed to be closed, abandoned and vacated, is on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. 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 19th day of December, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCII.MEM 3ERS: None JE M. LEONC. City Clerk 2 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. �J 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 1 ", filed July 3, 1913 in Book 4 of Maps at Page 46, Marin County Records.