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Home My WebLink AboutCC Resolution 8922 (Baypoint Lagoons Right of Way)When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 8922 A RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING PORTION OF EXISTING EASEMENT FOR THE PURPOSE OF CONSTRUCTING, REPAIRING, MAINTAINING AND OPERATING A DIKE AND APPURTENANT DRAINAGE STRUCTURES WITH THE RIGHT OF INGRESS AND EGRESS - BAYPOINT LAGOONS NO.2 WHEREAS, the City Council of the City of San Rafael, for and on behalf of the San Rafael Cayes Drainage Maintenance District, on the 19th day of April, 1993, adopted Resolution No. 8875 entitled, "Resolution of Intention to vacate portion of existing easement for the purpose of constructing, repairing, maintaining and operating a dike and appurtenant drainage structures with the right of ingress and egress - Baypoint Lagoons Unit 2"; 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; WHEREAS, a hearing was held this day as required by law and said Resolution No. 8875, at which hearing the Council of the City of San Rafael, for and on behalf of the San Rafael Cayes Drainage Maintenance District, heard evidence offered by persons interested; and WHEREAS, it appears from all of the evidence submitted that the following described easement area is unnecessary for present or prospective public use; NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. That the following described easement area is unnecessary for present or prospective public use; 2. That the following described easement area is hereby ordered closed, abandoned and vacated; 3. That the easement area closed, abandoned and vacated is described on Exhibit "A' which is attached hereto and incorporated herein by reference. 1 ORIGINAL ,*gq-m 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 17th day of May, 1993, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None � M - ,� Tdz.;JEE!►TJ1VE �M. ENI, City Clerk 2 IWhen recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 93-052792'1 Rec Fee 14.00 1 Total 14.00 Recorded I Official Records I County of I MARTEN 1 JAMES DAL BON I Recorder I 9:45am -Jul-93 I XX 4 I SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 8922 A RESOLUTION ORDERING CLOSING, ABANDONING AND Z I i f6 11 6 VACATING PORTION OF EXISTING EASEMENT FOR THE PURPOSE OF CONSTRUCTING, REPAIRING, MAINTAINING AND OPERATING A DIKE AND APPURTENANT DRAINAGE STRUCTURES WITH THE RIGHT OF INGRESS AND EGRESS - BAYPOINT LAGOONS NO.2 WHEREAS, the City Council of the City of San Rafael, for and on behalf of the San Rafael Cayes Drainage Maintenance District, on the 19th day of April, 1993, adopted Resolution No. 8875 entitled, "Resolution of Intention to vacate portion of existing easement for the purpose of constructing, repairing, maintaining and operating a dike and appurtenant drainage structures with the right of ingress and egress - Baypoint Lagoons Unit 2"; 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. 8875, at which hearing the Council of the City of San Rafael, for and on behalf of the San Rafael Cayes Drainage Maintenance District, heard evidence offered by persons interested; and WHEREAS, it appears from all of the evidence submitted that the following described easement area is unnecessary for present or prospective public use; NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. That the following described easement area is unnecessary for present or prospective public use; 2. That the following described easement area is hereby ordered closed, abandoned and vacated; 3. That the easement area closed, abandoned and vacated is described on Exhibit "A" which is attached hereto and incorporated herein by reference. 1 *W9'lm 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 17th day of May, 1993, by the following vote, to wit: AYES• COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2 �11�1 N' \'Ohakc." LEONCM, City Clerk UtStKKAM1jtK 6 HJZ)U%-1tA I c--) •� "CIVIL ENGINEERS, - C. Job No. 114-92 EXHIBIT A LEGAL DESCRIPTION Portion 1935 OR 11 to be "Quit Claimed" San Rafael, California Real property situate in the City of San Rafael, County of Marin, State of Californit- described as follows: The portion of that certain easement fo.r construction,. repairing,' maintaining and operating a dike, granted in deed by San Rafael Cayes, Inc., to the City of San Rafae recorded in Book 1935 of Official Records at Page 11, Marin County Records; lying within Parcel "O" as shown on the "Map of Baypoint Lagoons Unit One", filed for record in Book 20 of Maps at Page 81, Marin County Records: Commencing at a point on the easterly boundary of Block 30, "Map of East San Rafael", filed in Book 2 of Maps at Page 109, Marin County Records, said point being North 2003' West, 0.84 feet from the intersection of the two courses "North 18052' West, 224 feet" and "North 2003' West, 675.9 feet" as shown on said Map (2 RM 109); thence leaving said easterly boundary (2 RM 109) along the northerly boundary of said easement (1935 OR 11) North 79025' East, 1326.77 feet and North 73130' East to a point on the southerly boundary of said Parcel "O" (20 RM 81) said point being the True Point of Beginning; thence leaving said southerly boundar• of said Parcel "O" (20 RM 81) and continuing along the northerly boundary of said easement (1935 OR 11) North 73030' East to a point on the boundary of said Parcel "O" (20 RM 81) ; thence along the boundary of said Parcel "O" (20 RM 81) , South 12029157" East and South 79125' West to the True Point of Beginning. ATC: CS �_�� _�. �—-�_�� / fes. •. •. �-i..�/ 470,0 6A I'll 'SL� 0 11 ►Z_ 0¶ZY� Omuta roP atmm� m igo A w •.~ 20 RM 8l 0 O� a o_ w •.~ 20 RM 8l