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HomeMy WebLinkAboutCC Resolution 14422 (Rice Drive Property Conveyances1 RESOLUTION NO. 14422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT OF PUBLIC SANITARY SEWER EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT ON PROPERTIES DESIGNATED AS ASSESSOR’S PARCELS NO. 013-041-52, -55 (RICE DRIVE), AND ASSESSOR’S PARCEL NO. 013-041-44 WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service, and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown San Rafael; and WHEREAS, SMART is now pursuing the construction of the rail line from Downtown San Rafael to Larkspur Landing (the “Larkspur Extension”); and WHEREAS, the original rail alignment south of Second Street has a total of six at-grade crossings, at Third Street, Second Street, Francisco Blvd West near Second Street, Irwin Street at Francisco Blvd. West, Rice Drive, and Andersen Drive, and the City of San Rafael and SMART have been working for several years on a plan to eliminate the at-grade crossings at Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad tracks; and WHEREAS, SMART has developed plans for the realignment of Francisco Blvd. West, proposing to move SMART’s double tracks as close to Highway 101 as possible and the roadway further south, to eliminate the two crossings noted above. The realignment plan includes a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West; and WHEREAS, the proposed realignment of the roadway and the railroad tracks will require several property transfers between different owners, both private and public, including the conveyance of City-owned parcels designated as Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive) and Assessor’s Parcel No. 013-041-44, from the City to SMART; and WHEREAS, by agreement with SMART, in May 2017 the City formally notified the local utilities with facilities on, under or over Rice Drive, PG&E and the San Rafael Sanitation District, of the realignment of Rice Drive and the need to relocate their facilities, and the City and SMART have been working with the utilities regarding the relocation; and WHEREAS, it now appears that it will be possible for the San Rafael Sanitation District to leave its facilities in place, with the installation of some additional protective sleeving; and WHEREAS, a grant by the City of San Rafael to the San Rafael Sanitation District of a public sanitary sewer easement over the City-owned parcels will permit the San Rafael Sanitation District to leave its facilities in their present location, and therefore will facilitate the Francisco Blvd. West roadway and rail line realignment needed for SMART’s Larkspur Extension; and 2 WHEREAS, City Council finds that the grant of easements approved herein is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, as it comes under the Class 1 (15301[c]) categorical exemption for a minor alteration of existing structures or facilities (14 Cal. Code Regs. Section 15301). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby approves and authorizes the Mayor or City Manager to execute a deed granting to the San Rafael Sanitation District a perpetual easement for public sanitary sewer purposes over Assessor’s Parcel Nos. 013-041-52, - 55 (Rice Drive) and Assessor’s Parcel No. 013-041-44, in a form approved by the City Attorney. 2. The City Clerk is authorized and directed to record the executed deed in the Office of the Marin County Recorder. 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 the 4th day of December 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