HomeMy WebLinkAboutCC Resolution 14427 (Vacate Right of Way Civic Center Drive)Record W ithout Fee
Pe"r GC 27383 and '
When recorded mail to:
RECORDING REQUESTED, AND
WHEN RECORDED, RETURN TO:
City of San Rafael
City Clerk, Room 209
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Esther Beirne, City Clerk
RESOLUTION NO. 14427
1111111111111111111111111111111111111 111111111111111111111111111111111
'Jr.),-Q_oor\·J'.:l·J6 .... 1w _0 l.J.J ....
Reee.rded I fl.EC FEE 0 "01]
Oificiel Reee.rcis
Count)' elf
t\~l:!nn
RICHARD N. BEN!:J:Jt.j
As~ssc.r-Reee·rder
Ce.unty (Jeli:
corllFORMED COPY 0.01]
::.
OE::3:lAtvl0L-Fet,-LOji:;. Page i aT 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
TO VACATE EXCESS PUBLIC STREET RIGHT -OF -WAY ADJACENT
TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH
MCINNIS PARKWAY AND PETER BEHR DRIVE
RESOLUTION NO. 14427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
TO VACATE EXCESS PUBLIC STREET RIGHT-OF-WAY ADJACENT
TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH
MciNNIS PARKWAY AND PETER BEHR DRIVE
WHEREAS, the County of Marin has recently completed a County-funded
redesign and improvement of Civic Center Drive, a public street within the City of San
Rafael, between SMART's Civic Center station and the County offices at the Civic
Center; and
WHEREAS, the County of Marin coordinated the plans for its Civic Center Drive
project with the City of San Rafael's Promenade Plan and 8icycle and Pedestrian Master
Plan, and with plans for the future development of a permanent farmers market on
vacant County-owned land between Civic Center Drive and the freeway; and
WHEREAS, as part of the coordinated plans, the County of Marin requested that
the City of San Rafael vacate an unneeded portion of its public street right-of-way for
Civic Center Drive, described and depicted as Parcels 'A' and '8' in Exhibit 1 attached
hereto and incorporated herein by reference; and
WHEREAS, Exhibit 1 has been reviewed and approved by the City Engineer and
is on file in the office of the City Clerk of the City of San Rafael; and
WHEREAS, the City has notified local public utilities of the proposed vacation of
the public right-of-way over Parcels 'A' and '8' and has been asked by the Marin
Municipal Water District to reserve a public utility easement from the vacation; and
WHEREAS, as required by law, staff has caused to be published and posted a
notice of public hearing by the City Council to consider the vacation of the public street
right-of-way over Parcels 'A' and '8'; and
WHEREAS, on December 4, 2017 the City Council held a public hearing to
receive public comment regarding the proposed vacation; and
WHEREAS, the City Council finds that the public street right-of-way over Parcels
'A' and '8' is unnecessary for present or prospective use;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
1
1. The City Council hereby elects to proceed under the general vacation
procedure in California Streets & Highways Code Section 8320 et seq., being part of the
Public Streets, Highways, and Service Easements Vacation Law.
2. The City Council hereby declares the public street right-of-way over the
property described as Parcels 'A' and '8' in Exhibit 1 attached, to be closed, vacated and
abandoned; provided however, that the City Council reserves from such vacation an
easement for public utility purposes.
3. That the City Clerk is authorized and directed to record this Resolution in
the Office of the Marin County Recorder, and the vacation of the public street right-of-
way approved herein shall be effective upon such recordation.
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
Exhibit 1: Property description and plats
2
LEGAL DESCRIPTION
PARCEL 'A'
All that certain real property, situate in the City of San Rafael, County of Marin, State of California, being
a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of
Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 1 i\ 1967,
and also being a portion of the Lands of The County of Marin, as said Lands are described in the Grant
Deed recorded in Book 1024 of Official Records, Page 07, Marin County Records, said portion of right-
of-way being more particularly described as follows:
BEGINNING at a point at the intersection of the northerly line of said Lands of The County of Marin and
the westerly line of said Civic Center Drive right-if-way, said point lying South 88°58'34" East a distance
of 62.20 feet, as measured along said northerly line, from the most westerly corner of said Lands of
Marin;
thence from said POINT OF BEGINNING, continuing along said northerly line, South 88°58'34" East, a
distance of 9.59 feet to the beginning of a non-tangent curve to the left;
thence leaving said northerly line, along said non -tangent curve, from a radial bearing of South 40°11 '33"
West, a radius of 806.00 feet, through a central angle of 02°54'05", an arc distance of 40 .82 feet;
thence South 66°58'00" East, a distance of 53.73 feet to the beginning of a non-tangent curve to the left;
thence along said non-tangent curve, having a radial bearing of South 34°47'27" West, a radius of
1329.50 feet, through a central angle of21 °28'30", an arc distance of 498.31 feet;
thence South 13°14'07" West, a distance of 1.97 feet;
thence along a curve to the left, having a radius of 37.00 feet, through a central angle of 29°52' 16", an arc
distance of 19.29 feet to a point on a non-tangent curve to the right, said point being on the westerly right-
of-way line of Civic Center Drive right-of-way;
thence northerly along said non-tangent curve, from a radial bearing of South 13°07'00" West, a radius of
1350.00 feet, through a central angle of22°19'01", an arc distance of 525.83 feet to a non-tangent curve
to the right;
thence along said non-tangent curve, from a radial bearing of South 35°27'02" West, having a radius of
650.00', through a central angle of 07°38'23", an arc distance of 86.67 feet to the Point of Beginning.
Containing 11,322 square feet, more or less.
See Exhibit 'B' attached hereto and made a part hereof.
~W.~ 0~/\CJ
Prepared By Tracy W. Park, PLS 8176
Chief of Surveys, Marin County Public Works Department
I
I
I
I
I
I
PARCEL 'A'
±11,322 Sq.Ft.
LANDS OF
MARIN COUNTY
1024 OR 07
Line Table
Line # Direction
L1 S88°58'34"E
L2 S66°58'00"E
L3 S13°14'07"W
Length
9.59'
53.73'
1.97'
Curve Table
Curve # Delta Radius
C1 2°54'05" 806.00'
C2 21°28'30" 1329.50'
C3 29°52'16" 37.00'
C4 22°19'01" 1350.00'
C5 7"38'23" 650.00'
Length
40.82'
498.31'
19.29'
525.83'
86.67'
COUNTY OF MARIN DKP~r..= lIOBIB SCALE: 1-= 60'
\
\
LANDS OF
MARIN COUNTY
1024 OR 07
~ ,,~ /',
t'~~ / ,
PJ / ' oC)~ / " ~/
c., / EXHIBIT ' B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
PARCELB
All that certain real property, situate in the City of San Rafael, County of Marin, State of California, being
a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of
Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 17th, 1967,
and also being a portion of Parcel 2 of the Lands of The County of Marin, as said Parcel is described in
the Deed recorded in Book 2532 of Official Records, Page 130, Marin County Records, said portion of
right-of-way being more particularly described as follows:
BEGINNING at a point on the southerly line of said Parcel 2, said point being the intersection of the
southerly line of Parcel 2 and the westerly line of said Civic Center Drive right-if-way, and said point
lying South 88°58'34" East a distance of 62.20 feet, as measured along said southerly line, from the
southwesterly comer of said Parcel 2;
thence leaving said southerly line, northerly along said right-of-way along a curve to the right, from a
radial bearing ofN0I1h 43°05'26" East, and a radius of 650 .00 feet, through a central angle of 13°31' 17",
an arc distance of 153.40 feet;
thence North 33°23' 17" West, a distance of 111.83 feet to the northerly line of Parcel 2;
thence easterly along said northerly line North 41 °53 '26" East, a distance of 11.51 feet;
thence leaving said northerly line, along a non-tangent curve to the left, from a radial bearing of North
59°19'05" East, and a radius of 822.00 feet, through a central angle of 06°32'09", an arc distance of93.77
feet;
thence South 24°40'57" East, a distance of21.78 feet ;
thence along a non-tangent curve to the left, from a radial bearing ofN0I1h 51 °18'34" East, having a
radius of 827.00 feet, through a central angle of 01 °17'50", an arc distance of 18.72 feet;
thence South 32°03' 16" East, a distance of 70.27 feet;
thence along a non-tangent curve to the left, from radial bearing of North 45°10'38" East, having a radius
of 806.00 feet, through a central angle of 04°59'05", an arc distance of 70.12 feet to the southerly line of
Parcel 2;
thence westerly along said southerly line, North 88°58'34" West, a distance of9.59 feet to the POINT OF
BEGINNING .
Containing 2,212 square feet, more or less.
See Exhibit 'B' attached hereto and made a part hereof.
-r.\~ .~ -\t\ .... jI~
Prepared By Tracy W. Park, PLS 8176
Chief of Surveys, Marin County Public Works Department
\ \
" ...... i)
\
\
\
y'& " /' --::~~
" /"a~ \ " /' .\~ ~s~~ LANDS OF
MARIN COUNTY
\
\
\
\
\
\
\
PARCEL 'B'
±2,212 Sq. Ft.
Line #
L1
L2
L3
L4
L5
Curve #
C1
C2
C3
C4
\ "* \ \\
"Y,L.. \
,> \
'?> \
Line Table
Direction Length
N33"23'17"W 111.83'
N41"53'26"E 11.51'
S24°40'57"E 21.78'
S32°03'16"E 70.27'
N88°58'34"W 9.59'
Curve Table
\
\
\
Delta Radius Length
13°31 '17" 650.00' 153.40'
6°32'08" 822.00' 93.76'
1°17'50" 827.00' 18.72'
4°59'05" 806.00' 70.12'
\
\
\
\
\
\ 2532 OR 130
\
\(PARCEL 2) \
\
\ S~
\
\
\
\
\
CENTERLINE \ 1-= 30'
CIVIC CENTER \
DRIVE (100' WIDE) \
ResNo. 9195 \
\ LANDS OF
\ MARIN COUNTY
\ 2532 OR 130
\ (PARCEL 2) ~ 62.20'
\ - -----sBsoS8' 34"( -
\
\
\
\
\
\
\
\
POINT OF
BEGINNING
\
EXHIBIT 'B'
\
\
COUNTY OF MARIN DBP~rs: lIOBIIB SCALE: 1-= 30' PLAT TO ACCOMPANY LEGAL DESCRIPTION
\ ,
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 __ ....:..\"~r..::::7,~\+'....f!'2..:::=O:....\!....1....:....-__ before me, Lindsay Faye Lara, Notary Public
(insert name and title of the officer)
personally appeared EStbex C· 1)-e, .... Y\ e
who proved to me on the basis of satisfactory evidence to be the person($) whose name~ is/q.p€
subscribed to the within instrument and acknowledged to me that ~/she/tl;le9 executed the same in
IolfS/her/tR6ir authorized capacity~), and that by bffi/her/t~r signature~ on the instrument the
person(,s), or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY 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 ----1'ofjbo'---L.......:~"'------------(Seal)