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Home My WebLink AboutCC Resolution 14337 (Loch Lomond Marina Easement)RESOLUTION NO. 14337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3, 4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL, CALIFORNIA WHEREAS, the owner of Lots 3, 4 and 5 shown on the map entitled "The Village at Loch Lomond Marina Phase P', recorded on January 23, 2015 as Record Map 2015-12, has requested the relocation of a portion of the Public Access Easement currently situated on that property; and WHEREAS, the requested relocation of the Public Access Easement will require the vacation of a portion of the existing Public Access Easement and acceptance of a new Public Access Easement; and WHEREAS, the portion of the existing Public Access Easement proposed to be vacated is more particularly described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto and incorporated herein by reference, and is shown in red hatching on Exhibit "B", attached hereto and incorporated herein by reference; and WHEREAS, the new Public Access Easement proposed to be granted to the City is more particularly described under "Proposed Public Access Easement" in Exhibit "A" attached hereto, and is shown in green hatching on Exhibit `B"; and WHEREAS, the proposed relocation preserves the public use of the Public Access Easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AS FOLLOWS: That the City Council hereby declares its intention to close, vacate and abandon the portion of Public Access Easement described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto. 2. That the City Council hereby elects to proceed under the general vacation procedures in Section 8320 et seq. of the Public Streets, Highways, and Service Easements Vacation Law of the State of California. 3. That the City Council hereby declares its intention to accept a grant of a new Public Access Easement described under "Proposed Public Access Easement" in Exhibit "A" attached hereto. 4. That both the Public Access Easement proposed to be closed, abandoned and vacated, and the new Public Access Easement proposed to be granted to the City are described on the map attached as Exhibit `B" hereto. 5. That both the legal descriptions of said easements, Exhibit "A," and the map of said easements, Exhibit `B," are on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. 6. That Monday, the 17th day of July 2017, 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 closing, abandoning and vacation of the proposed portion of existing Public Access Easement. 7. That the City Clerk and the Department of Public Works of the City of San Rafael shall mail to the affected property owner of Lots 3, 4 and 5 of The Village at Loch Lomond Marina Phase 1, and shall cause the publishing and posting of, a notice of easement vacation as to the easement proposed to be closed, abandoned and vacated, in the manner prescribed by Streets and Highways Code Sections 8320, 8322 and 8323. The contents of said notice shall conform to the requirements of Streets and Highways Code Section 8320(b) and shall include the time and place of the hearing, as hereinabove provided, and the adoption of the within Resolution of Intention. I, ESTHER C. BEIRNE, 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 5' day of June, 2017, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 2 EXHIBIT "A" Legal Descriptions PROPOSED PUBLIC ACCESS EASEMENT 76 Loch Lomond Drive (Lot 3) Being a portion of Lot 3 as said lot is shown on that certain map entitled The Village at Loch Lomond Marina Phase 1, filed as Book 2015 at Pagel 2, Marin County Records described as follows: Commencing at the most easterly corner of said lot 3; thence along the generally southeasterly line of said Lot 3 South 61°27'01" West 44.80 feet to the Point of Beginning; thence continuing along last said line South 61 °27'01" West 60.31 feet; thence along a non - tangent curve to the right, from which a radial line bears South 41°45'21" East to the radius point, having a radius of 132.00 feet, a central angle of 26°24'43" and an arc length of 60.85 feet to the Point of Beginning. 110 Loch Lomond Drive (Lot 4) Being a portion of Lot 4 as said lot is shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 at Page 12, Marin County Records and more particularly described as follows: Beginning at the most easterly corner of said lot 4, said point of beginning being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally southeasterly line of said Lot 4 South 31°13'36" West 31.45 feet and South 71°57'27" West 3.72 feet; thence North 18°02'33" West 25.59 feet; thence along a non -tangent curve to the left, from which a radial bears South 07°36'27" West to the radius point, having a radius of 106.50 feet, a central angle of 11'54'03" and an arc length of 22.12 feet to the northwesterly line of said Lot 4; thence along last said line North 61°27'01" East 31.87 feet to said southwesterly line of said Loch Lomond Drive; thence along a non -tangent curve to the left, from which a radial bears North 40°11'33" East to the radius point, having a radius of 65.00 feet, a central angle of 22°10'30" and an arc length of 25.16 feet to the Point of Beginning. VACATION OF PUBLIC ACCESS EASEMENT 99 Loch Lomond Drive (Lot 5) Being a portion of that certain Public Access Easement (PAE) within Lot 5 as said lot and easement are shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 of Maps at Page 12, Marin County Records and more particularly described as follows: Commencing at that the most easterly corner of Lot 4 as said lot is shown on said map said corner being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally northwesterly line of said Lot 4 South 61°27'01" West 31.87 feet to the Point of Beginning; thence continuing along last said line the following four (4) courses: 1. South 61°27'01" West 27.61 feet, 2. South 71°57'27" West 12.34 feet, 3. South 18°02'33" East 28.00 feet and 4. South 71°57'27" West 25.00 feet; thence along the southeasterly line of said PAE within said Lot 5 South 69°08'01" West 20.58 feet; thence North 18°02'33" West 18.77 feet; thence along a non -tangent curve to the right, from which a radial bears South 52°09'31" East to the radius point, having a radius of 106.50 feet, a central angle of 47°51'55" and an arc length of 88.97 feet to the Point of Beginning. LUT 3 76 LOCH LOMOND DR 016-070-16 2015-12 LOT 5 JJ LOCH LOMOND DR 016-070-09 2015-12 LEGEND PAE LOCH LOMOND DRIVE PROPOSED P, LOT 4 10 LOCH LOMOND 016-070-17 2015-12 PUBLIC ACCESS EASEMENT EXISTING EASEMENT PROPOSED EASEMENT VA CA TE EXISTING EASEMENT PROPOSED EASEMENT AREA EX PAE EXHIBIT B PUBLIC ACCESS EASMENT TO BE VACATED & ACCEPTED AFFECTING 76, 99, 110 LOCH LOMOND DRIVE (APNS 016-070-09, 016-070-16, 016-070-17 CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA PROPOSED PAE IDR 0 30 60 1 inch = 30 ft. x.11 J'A RUGGERI-JENSEN-AZAR ENGINEERS -PLANNER S ■ SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 SCALE: DATE: JOB NO.: 1"=30' 03-13-2017 1 1310021P