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HomeMy WebLinkAboutCC Resolution 14424 (Rice Drive Property Conveyances)RESOLUTION NO. 14424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT OF REAL PROPERTY DESIGNATED AS ASSESSOR'S PARCEL NO. 013-041-44 TO THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) 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 Assessor's Parcel No. 013-041-44 and other property from the City to SMART; and WHEREAS, as an even exchange for the conveyance of the City-owned property to SMART, SMART will at a later date convey to the City of San Rafael other parcels of real property required for the City's use of the realigned Rice Drive for public street and utility purpose; and WHEREAS, the City Council finds that the grant of Assessor's Parcel No. 013- 041-44 to SMART as part of an exchange for other real property in the new location of Rice Drive will facilitate the Francisco Blvd. West roadway and rail line realignment needed for SMART's Larkspur Extension, and will therefore be in the best interests of the City of San Rafael; and WHEREAS, in 2006 SMART certified a Final Environmental Impact Report that covered all of SMART's activities along the rail line including the Larkspur Extension; and WHEREAS, the City Council finds that the grant of real property approved herein is exempt from the California Environmental Quality Act ("CEQA") pursuant to the State 1 CEQA Guidelines, because the relocation of Rice Drive for which the grant is being made will be in the same general area and will not expand roadway capacity , therefore it comes under the Class 2 categorical exemption for replacement or reconstruction of existing structures or facilities involving negligible or no expansion of use (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 , in a form to be approved by the City Attorney , granting to the Sonoma-Marin Area Rail Transit District (SMART) the fee title to the real property commonly known as Assessor's Parcel No. 013-041-44. 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 2 Judy Arnold, Chair Marin County Board of Supervisors Barbara Pahre, Vice Chair Golden Gate Br idge, Highway/Transportation Distri ct Jim Eddie Golden Gate Bridge, Highway/Transportation District Debora Fudge Sonoma County Mayors and Councilmembers Association Madeline Kellner Transportation Authority of Marin Jake Mackenzie Sonoma Mayors and Councilmembers Association Stephanie Moulton-Peters Marin Council of Mayors and Councilmembers Gary Phillips Transportation Authority of Marin David Rabbitt Sonoma County Board of Supervisors Carol Russell Sonoma Mayors and Councilmembers Association Kathrin Sears Marin County Board of Supervisors Shirlee Zane April 6, 2018 Lisa A. Goldfien Assistant City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Re: Copies of recorded deeds: City of San Rafael to SMART, 013-041-044 Document # 2018-0009897, Marin County and City of San Rafael to SMART, Rice Drive (portion) Document # 2018-0009898, Marin County Dear Ms. Goldfien: RECE~VEIl APR 0 9 2018 CITY ATTORNEY Enclosed please find copies of the recorded conveyances from the City to SMART, referenced above. Please let me know if you have any questions. ~~J Laura Giraud Real Estate Manager Sonoma County Board of Supervisors LG/sre; enclosures Farhad Mansourian General Manager S401 Old Redwood Highway Suite 200 Petaluma, CA 94954 Phone: 707-794·3330 Fax : 707 -794·3037 www.sonomamarintrain.org Recording Requested By And When Recorded Return To: Laura Giraud Sonoma-Marin Area Rail Transit District 5401 Old Redwood Highway, #200 Petaluma, CA 94954 No Documentary Transfer Tax required under Revenue & Taxation Code Section 11922- Government Agency acquiring title No Recording Fee due pursuant to Government Code Section 27383 1111111 lin ill II 11111 1111 11m IIW 11m 11111 11111 11111 11m ~ 111111 2018-0009897 Recorded Official Record~ CDuntyDi Ivmnn RICHARD t,/. BEN£J:Jt,/ Az-.-zc.r· Fieccroef Cc.unt'l Clerk 09:06AM 2.0-Mer-2.0iS REC FEE I ~age i of 6 APN: 013-041-44 (Space above this line for Recorder's use) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Rafael, a California municipal corporation hereby GRANTS to: Sonoma-Marin Area Rail Transit District, a public agency All that real property situated in the incorporated area of the City of San Rafael, County of Marin, State of California, described in ATIACHMENT A (Exhibits A & B -Legal Description and Plat), and made a part hereof; RESERVING TO THE GRANTOR an easement for public street and utility purposes over said real property, which shall terminate at the time the adjacent street, Rice Drive, has been realigned and is available to the Grantor for public street and public utility use. Executed as of this Ij day of Ml1f"Ch 2018. CITY OF SAN RAFAEL, GRANTOR O.ljO tJ .1)0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CountY of Marin On March 14,2018 ) before me, Lindsay Faye Lara, Notary Public (insert name and title of the officer) personally appeared _J_im_S_c_h_u_tz _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~ ___ ._~ ___ ~ _____ _ (Seal) ' .. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached GRANT DEED dated March 14, 2018, from CITY OF SAN RAFAEL to the SONOMA-MARIN AREA RAIL TRANSIT DISTRICT, a public agency, in Mari ounty Assessor's Parcel Number 013-041- 44, is hereby accepted pursuant to authority conta: d in SMART Administrative Code Section 3.03(d)(3). Dated: ATTEST TO SIGNATURE: om as Lyons egal Counsel , ,. ,evavtlifl Leticia Rosas-Mendoza Clerk of the Board of Directors ATTACHMENT A Exhibit A -Legal Description of APN: 013-041-44 Exhibit B -Plat for APN: 013-041-44 Parcel One: Exhibit "A" Legal Description Lying within the City of San Rafael, County of Marin, State of California and being the land deeded to City of San Rafael, a charter city and municipal corporation by grant deed recorded under Docrunent Nrunber 2017-0009320, Official Records of Marin County, said land is more particularly described as follows: Commencing at a point S54°25'31"E, 25.22 feet from the most southerly point of the parcel ofland described by the deed recorded March 28, 1980, in Book 3696, Page 159, Official Records of Marin CoUnty; thence along a right-of-way line S54°25'31 "E, 232.87 feet; thence along a right-of-way line, being a left hand curve, whose center bears N77°13'01"E, with a radius of 462.78 feet, through an angle of 2°17'51", over an arc length of 18.56 feet; thence along a right-of-way line, S52°45'42"E 30.68 feet; thence along a right-of-way line, S41°20'42"E, 67.27 feet; thence along a right-of-way line, S35°55'51"W, 50.45 feet; thence along a left hand curve, whose center bears S 87°20'08"E, with a radius of 35.99 feet, through an angle of 44°25'28", over an arch length of 27.91 feet to a point of compound curvature; thence along a left hand curve, whose center bears S49°08'30"W, with a radius of 5991.30 feet, through an angle of 3°07'30", over an arc length of326.79 feet, to the point of commencement. Dafe / 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page lof 1 "<:l' o POINT OF COMMENCEMENT \ \ EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL DESCRIPTION. \ SITE MAP NO SCALE \ REFERENCE DEEDS \! \ ~'?~ \ ~~~ o~\Jl g9;.( :i?'o ~$~ cJ)~~ ~bUl D12 N.W.P.R.R. TO STATE OF CA. -2361 O.R. 199, M.C.R. R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R. R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R. .,,?l~ S54'25'31"E 232.87' ~ 0 (S5S22'49"E 258.05)R10 fl ~ (N5S23'24"W 328.05')D12\ (SS3'23'24" 328.14)R17 \ STAlE CA. 1464 O,R. 159 APN 013-041-48 GRAPHIC SCALE ~ 0 ~ ~ ·~I.:_:,JI-I(_::J--===:-·I __ ... J ( IN FEET) inch = 40 ft. R=462.78' t.=2i7'51" L=18.56' S52'45' 42"E 30.68' (S51'S2'21"E 30.68)R17 (SSl'Sl'lS"E 30.68)R10 S41'20'42"E 67.27' (S40'37'22"E 67.96)R17 (S40'23'OS"E 67.37)RlO \ \ -\ ABBREVlA]ONS DN = DOCUMENT NUMBER P.U.E.= PUBUC UTIUTY EASEMENT o = 3/4" IRON PIPE I2Z1 = EASEMENT AREA THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION. JAMES M. DICKEY, P.L.S. 7935 CINQUINI & P ASSARINO, INC. LAND SURVEYING 1360 No. Dutton Ave. Santa Rosa, Ca. 95401 Phone: (707) 542-6268 £. SUBDIVISIONS Fax: (707) 542-2106 WIiW.CINQUINIPASSARINO.COM JOB NAME: RICE DRIVE PARCELS DRAWN BY: TM CHECKED BY: 1----------------iSCALE: 1" = 40' DATE: 9/21/17 DESCRIPTION: R.O.W. PARCELS JOB #:7240-15 PAGE: 2 OF 2