HomeMy WebLinkAboutPW Surplus Property ConveyanceAgenda Item No: 4.k
Meeting Date: December 3, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __ _____
TOPIC: SURPLUS PROPERTY CONVEYANCE File No.: 07.02.41
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING THE CONVEYANCE OF SURPLUS CITY
PROPERTY TO THE STATE OF CALIFORNIA IN CONNECTION WITH
THE WIDENING OF THE NORTHBOUND U.S. 101/EASTBOUND I-580
FREEWAY OFF-RAMP
RECOMMENDATION: Adopt a resolution authorizing the conveyance of surplus City
property to the State of California in connection with the widening of the northbound
U.S. 101/Eastbound I-580 freeway off-ramp.
BACKGROUND: The State of California Department of Transportation (Caltrans) is
undertaking a project to widen the freeway off-ramp at the intersection of Northbound
U.S. Highway 101 and Eastbound Interstate 580 through Bellam Boulevard in San
Rafael. The project includes the installation of an additional lane at Bellam Boulevard
and extends the new lane onto the 101 off-ramp area with the intent to provide more
capacity on the off-ramp. Vehicles traveling from Highway 101 to Eastbound I-580 back
up on this ramp during commute periods.
In 1981, the adjacent property known as Marin Square processed a lot merger which
created a small remnant of property located between the Marin Square site and the 101
Northbound off-ramp to Bellam Boulevard. This remnant parcel was then deeded to the
City of San Rafael.
ANALYSIS: In connection with its freeway off-ramp widening project, Caltrans is
requesting that the City of San Rafael donate this small property to the State of
California in order to provide enough property to construct an additional lane on the off-
ramp.
The subject property, which has no value to the City, is approximately 3000-square foot
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 6-36
Council Meeting: 12/3/2018
Disposition: Resolution No. 14609
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
in size, isolated, and is a very narrow section of land located between the Caltrans right-
of-way and private property. Caltrans is requesting that the City of San Rafael donate
the property to the State by execution of a Quitclaim Deed (Attachment 2) and a
Caltrans “Acknowledgement for Donations” form (Attachment 3). Exhibits B and B-1 to
the Acknowledgement for Donations form show the location and dimensions of the
subject property.
Article III, section 5 of the City’s Charter provides that the City has the right and power
to dispose of public property for the public benefit. Provisions of the California
Government Code requiring the City to offer surplus property for sale to various
educational, recreational, housing or other agencies do not apply to this Property
because of its small size. The off-ramp widening project will be of great benefit to the
City and the public by enhancing the flow of freeway traffic; therefore, staff recommends
that it is in the best interests of the City to donate the property to Caltrans as requested.
The attached resolution authorizes the Mayor to execute the Quitclaim Deed, the
Acknowledgement for Donations form, and all other required documents.
FISCAL IMPACT: There is no fiscal impact associated with this item.
RECOMMENDED ACTION: Adopt a resolution authorizing the conveyance of surplus
City property to the state of California in connection with the widening of the northbound
U.S. 101/Eastbound I-580 freeway off-ramp.
ATTACHMENTS:
1.Resolution
2.Exhibit A to Resolution: Quitclaim Deed
3.Caltrans form of Acknowledgement for Donations
1
RESOLUTION NO. 14609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING THE CONVEYANCE OF SURPLUS
CITY PROPERTY TO THE STATE OF CALIFORNIA IN
CONNECTION WITH THE WIDENING OF THE NORTHBOUND
U.S. 101/EASTBOUND I-580 FREEWAY OFF-RAMP
WHEREAS, the State of California, through its Department of Transportation (hereafter
“Caltrans”) is undertaking a project to widen the freeway off -ramp at the intersection of
Northbound U.S. Highway 101 and Eastbound Interstate Highway 580 in San Rafael (the
“offramp widening”); and
WHEREAS, the City of San Rafael owns a parcel of unimproved real property directly
adjacent to the Caltrans right-of-way where the freeway will be widened (the “Property”), which
Property is more particularly described in the “Quitclaim Deed” attached hereto as Exhibit 1; and
WHEREAS, Caltrans has requested that the City execute the Quitclaim Deed to convey
the City’s interest in the Property to Caltrans, to become part of the off-ramp widening; and
WHEREAS, the information presented by City staff indicates, and the City Council finds,
that the Property is approximately 3,000 square feet in size and is not needed by the City for
municipal purposes; and
WHEREAS, Article III, section 5 of the Charter of the City of San Rafael provides that
the City has the right and power to dispose of public property for the public benefit; and
WHEREAS, the City Council finds that the off-ramp widening project will benefit the
public health, safety and welfare of the residents of San Rafael and Marin County by enhancing
the flow of freeway traffic, and that it is in the best interests of the City to donate the Property to
Caltrans without payment of monetary compensation; and
WHEREAS, pursuant to Government Code sections 54221-54222.3, due to its small
size, the Property is considered to be “exempt surplus property” and may be conveyed by the
City without complying with the requirement that it be offered for sale or lease to housing, parks
and recreation, school, or other qualified agencies prior to disposition by the City;
NOW THEREFORE, be it resolved by the City Council as follows:
1.The Mayor is authorized to execute the Quitclaim Deed in Exhibit 1, Caltrans’
form of “Acknowledgement for Donations”, and all other documents required to
effectuate the conveyance of the Property to Caltrans.
2.The City Council waives any claim for monetary compensation for donation of the
Property to Caltrans.
I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that this
Resolution was duly and regularly introduced and adopted at a regular meeting of said City
Council held on the 3rd day of December 2018 by the following vote, to wit:
2
AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
____________________________
LINDSAY LARA, City Clerk
RECORDING REQUESTED BY
STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - - - - - - - -
WHEN RECORDED RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440, MS-11A
OAKLAND, CA 94623-0440
Attn: Jerome Brunstein
Space above this line for Recorder’s Use
Transfer Tax Not Applicable: R & T Code 11922
STATE BUSINESS: Free
This is to certify that this document is presented for recordation by the State of California under
Government Code 27383 and is necessary to complete the chain of title of the State to property
acquired by the State of California.
DISTRICT DIRECTOR
BY
MARK L. WEAVER
Deputy District Director
Right of Way and Land Surveys
D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13
02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx
QUITCLAIM DEED
District County Route Postmile Number
04 MRN 101
580
9.8/9.8
4.4/4.7 63736
The City of San Rafael, a municipal corporation,
hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of
Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in City
of San Rafael, County of Marin, State of California, described as follows:
See Exhibit A, attached.
Number
63736
D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13
02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx
This quitclaim deed is made for the purposes of a freeway and the undersigned hereby releases and
relinquishes to the STATE any and all abutter’s rights, including access rights, appurtenant to the
remaining property in which the undersigned has some right, title or interest, in and to the freeway.
Dated:City of San Rafael
GARY O. PHILLIPS
Mayor
This is to certify that the State of California, acting by and through the Department of Transportation
(according to Section 27281 of the Government Code), accepts for public purposes the real property
described in this deed and consents to its recordation.
Dated LAURIE BERMAN
Director of Transportation
By
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way and Land Surveys
Number
63736
D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13
02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx
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 SS
County of
On before me,,
Here insert Name and Title of the Officer
personally appeared ,
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 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 (Seal)
STATE OF CALIFORNIA · DEPARTMENT OF TRANSPORTATION EXHIBIT
ACKNOWLEDGEMENT FOR DONATIONS 17-EX-8 (6/2002)
(Form #)
Project Intersection Improvements including signing,striping
modification, retaining wall and traffic signal
modifications.
File No.04-0Q270
Parcels Parcel Two of the Grant Deed to the City of San Rafael
recorded March 26, 1981 as 81012917 in Marin County
as shown on the attached Exhibit A
Federal Project No. N/A
Limits In Marin County NB US 101 / EB I-580 Off Ramp to Bellam Blvd. in San Rafael.
The City of San Rafael (City) does hereby acknowledge that City have been fully informed of our rights under Federal law to
receive just compensation for the transfer of fee title of our property, Parcel Two on the Grant Deed to the City of San Rafael
recorded March 26, 1981 as 81012917 in Marin County as shown on the attached Exhibit A and shown on the map attached
hereto as Exhibit B and made a part hereof, and that City have also been informed of our right to have an appraisal made of
said property along with an offer of just compensation.
However, City does hereby waive these rights and agree to donate said fee title to the State of California, Department of
Transportation (State) for the freeway project for the Transportation Authority of Marin (TAM) sponsored project at NB US
101/EB I-580 Off Ramp at Bellam Blvd. in San Rafael.
It is understood that TAM and the State shall have right of possession and use of the property upon approval of this
Acknowledgement For Donations by the City through City Council Resolution authorizing the execution of the Quitclaim
Deed to the State of California, Department of Transportation.
This acknowledgement is signed by us freely and without coercion of any kind.
Name Mr. Gary O. Phillips
Title:Mayor – City of San Rafael
Signed Date: _______________________