HomeMy WebLinkAboutResolution No. 6323 (Vacate B Street Public Service Easement)RESOLUTION NO. 6323
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL
VACATING A PUBLIC SERVICE EASEMENT PURSUANT TO SUMMARY
VACATION AND ABANDONMENT PROCEDURE
(SE Corner, 924 B Street)
WHEREAS, pursuant to Streets and Highways Code Section 8300 et seq.,
Public Streets, Highways and Service Easements Vacation Law, the City
Council may, by Resolution, summarily vacate any portion or all of a
public service easement which portion has been superseded by relocation;
and
WHEREAS, a public service easement has been superseded by relocation,
said public service easement being more particularly described in Exhibit
"A".
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Rafael as follows:
1. That the public service easement be vacated and abandoned.
2. That the City Clerk be and hereby is ordered to record a certified
copy of this Resolution in the office of the County Recorder for Marin
County.
3. That the public service easement so abandoned shall become part
of the property immediately adjacent thereto, as described in Exhibit "B".
That the City reserves and excepts from the abandonment of the easement,
the easement and right at any time. or from time to time, to construct,
maintain, operate, replace, remove and renew sanitary sewers and storm
drains and appurtenant structures in, upon, over and across said easement
and pursuant to any existing franchise or renewals thereof, or otherwise,
to construct, maintain, operate, replace, remove, renew and enlarge lines
of pipe, conduits, cables, wires, poles, and other convenient structures,
equipment and fixtures for the operation, transportation or distribution
of energy or otherwise, including access to protect the property from all
hazards in, upon and over the easement or part thereof proposed to be
abandoned.
I, JEANNE M. LEONCINI, City 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 members of said Council held on
the seventh day of June , 1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor P4ulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin,
State of California, described below as follows:
PARCEL ONE:
BEGINNING at a point on the Easterly line of B Street, distant thereon southerly 147
3/10 feet from the intersection of said easterly line with the southerly line of Fourth
Street, as said streets are shown upon that certain map entitled, "Plat of the Townsite
of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps at
Pull 4, Marin County Records; thence southerly along said easterly line of B Street,
47 feet; thence easterly parallel with said southerly line of Fourth Street 75.3 feet,
more or less, to the easterly line of Lot 5 in Block 26, as shown upon said map;
thence northerly along said easterly line of said lot 47 feet; thence westerly parallel
with said southerly line of Fourth Street 75.7 feet, more or less, to the point of
beginning.
BEING a portion of Lot 5 in Block 26, as shown upon said map referred to above.
PARCEL TWO:
BEGINNING at a point on the easterly boundary line of that certain parcel of land
conveyed by Ella A. McKensie to Robert W. Johnson recorded May 9, 1904 in Book
87 of Deeds at page 78, Marin County Records, said point being distant 47 feet from
the Northeasterly corner of said Johnson parcel; thence northerly along said easterly
line 47 feet to said northeasterly corner; thence westerly along the northerly line of
said Johnson parcel 30 feet to the northwesterly corner of said Johnson parcel; thence
southerly along the westerly line of said Johnson parcel 47 feet; thence leaving said
westerly line of said Johnson parcel easterly 30 feet, more or less, to the point of
beginning.
PARCEL THREE:
A RIGHT OF WAY over and across the following described parcel:
BEGINNING at a point on the Northerly line of Third Street distant thereon easterly
94 feet from the intersection of said northerly line with the easterly line of B Street,
as said streets are shown upon that certain map entitled, "Plat of the Townsite of the
Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps at Pull 4,
Marin County Records; thence easterly along said northerly line of Third Street 10
feet to the southeasterly corner of that certain parcel of land conveyed by Ella A.
McKensie to Robert W. Johnson, recorded May 9, 1904 in Book 87 of Deeds at page
78, Marin County Records; thence northerly along the easterly line of said Johnson
parcel, 103 feet, more or less, to the southeasterly corner of that certain parcel of
land conveyed by Robert W. Johnson, to Maximilian Herzog, recorded May 25, 1904 in
Book 88 of Deeds at page 78, Marin County Records; thence westerly along the southerly
line of said Herzog parcel 10 feet; thence leaving said southerly line of Herzog parcel
and running southerly 103 feet to the point of beginning.
4p 11-2461-12