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PW Portion of Existing Public Access Easement Vacation; Loch Lomond Marina Phase 1Record Without Fee, Per 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. 14369 I IIII�I IIIII�II�II I �IIIII III III�II 2017-0031085 Recorded I REC FEE 0.00 Official Records I County of I CONFORMED COPY 0.00 Marin I RICHARD H. BENSON I Assessor -Recorder I County Clerk I �a 08:02AH 04 -Rug -2017 I Page 1 of 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO VACATE A PORTION OF AN EXISTING PUBLIC ACCES 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 RESOLUTION NO. 14369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL 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, there exists a Public Access Easement on Lots 5 and I of the Village at Loch Lomond Marina Phase 1, as shown on Record Map 2015-12 (the "Existing PAE"); and WHEREAS, relocation of the Existing PAE is requested by the owner of Lots 3, 4 and 5 of the Village at Loch Lomond Marina Phase 1 by vacating that portion of the Existing PAE specifically described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto and incorporated herein by reference (the "Vacated PAE"); and by accepting the property owner's grant of an additional PAE specifically described under "Proposed Public Access Easement" in Exhibit "A" attached hereto (the "Proposed PAE"); and WHEREAS, the Vacated PAE and the Proposed PAE are shown in Exhibit `B", attached hereto and incorporated herein by reference; and WHEREAS, both Exhibit "A", the descriptions of said easements, and Exhibit "B", the plat of said easements, have been reviewed and approved by a licensed surveyor on behalf of the City and are on file in the office of the City Clerk of the City of San Rafael; and WHEREAS, staff has provided written notice to the public to identify any objections to the vacation of the Vacated PAE; and WHEREAS, no objection to the easement vacation has been received; and WHEREAS, notice of intent to vacate the Vacated PAE was approved by the City Council on June 5, 2017 as City Council Resolution 14337; and notice was physically posted on site on June 30, 2017 and printed in the Marin Independent Journal on July 7, 2017 and July 14, 2017; and WHEREAS, the City Engineer and Community Development Director have reviewed the relocation of the Existing PAE and find that it conforms to the conditions of approval for the development of the site; and WHEREAS, the proposed relocation preserves the public use by acceptance of the Proposed PAE; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of San Rafael, California hereby elects to proceed under the general vacation procedure in Streets & Highways Code Section 8320, being part of the PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW of the State of California; 2. That on Monday, the 17`d day of July 2017, in the Council Chambers at the City Hall in the City of San Rafael, California, a noticed public hearing was held to accept public comment from all persons interested in the proposed closing, abandoning and vacation of the "Vacated PAE" and the acceptance of a grant of the Proposed PAE, for the purpose of relocation of the Existing PAE; 3. That the City Council of the City of San Rafael, California, hereby declares the Vacated PAE described in Exhibit "A" attached hereto, to be closed, vacated and abandoned; 4. That the City Council of the City of San Rafael, California, hereby accepts the offer of dedication of the Proposed PAE, also described in Exhibit "A" attached hereto; 5. 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 Vacated PAE shall be effective upon recordation; 6. That the City Manager is authorized to accept a grant of the Proposed PAE in a form to be approved by the City Attorney, and the City Clerk is authorized and directed to record such accepted grant in the Office of the Marin County Recorder. 2 1, 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 17th day of July 2017, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5 ! ESTHER C. BEIRNE, City Clerk 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 comer 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. LOT 3 76 LOCH LOMOND DR 016-010-16 20]5-]2 r EX PAE VACATE EX PAE i i i i LOT 5 99 LOCH LOMOND DR 016-070-09 2015-92 LEGEND PAE LOCH LOMOND DRIVE PROPOSED LOT 4 10 LOCH LOMOND DR 016-070-17 2015-i2 PUBLIC ACCESS EASEMENT EXISANG EASEMENT PROPOSED EASEMENT VACATE EXISTING EASEMENT PROPOSED EASEMENT AREA EXHIBIT B PUBLIC ACCESS EASMENT TO BE VACATED & ACCEPTED AFFECTING 76, 99, 110 LOCH LOMOND DRIVE iPNS 016-070-09, 016-070-16, 016-070-11 & CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA PROPOSED PAE 0 30 60 1 inch = 30 ft. 1 RUGGERI-JENSEN-AZAR ENGINEERS ■ PLANNERS ■ 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 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 g131-�-o1-1 before me, Lindsay Faye Lara, Notary Public (insert name and title of the officer) personally appeared 1ES'rh x C."Bc.'tyVA<- 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 tie/she/they executed the same in hWher/thak authorized capacity(je&), and that by his/her/thak signatures) on the instrument the person(a); or the entity upon behalf of which the personal 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. UNDUY FAYE LARA ZiaCOMM. #2182818 z Notary Public • Californla e Marin County -- Comm. ices Feb. 10, 2021 Signature (Seal)