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Home My WebLink AboutCC Resolution 14652 (Portion of Rice Drive Summary Vacation)__________________________________________ 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: Lindsay Lara, City Clerk ___________________________________________________________________________________ RESOLUTION NO. 14652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE SUMMARY VACATION OF EASEMENTS FOR PUBLIC STREET AND UTILITY PURPOSES OVER A PORTION OF RICE DRIVE AND ADJACENT PROPERTY (APNs. 013-041-52, 013-041-55 and portion of City right-of-way (Rice Drive)) (APN 013-041-44) RESOLUTION NO. 14652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE SUMMARY VACATION OF EASEMENTS FOR PUBLIC STREET AND UTILITY PURPOSES OVER A PORTION OF RICE DRIVE AND ADJACENT PROPERTY (APNs. 013-041-52, 013-041-55 and portion of City right-of-way (Rice Drive)) (APN 013-041-44) 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 developed plans for the realignment of Francisco Blvd. West, including a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West; and WHEREAS, to effectuate the desired realignment, SMART proposed to enter into a series of land exchanges involving the City of San Rafael and the owners of nearby private property where the realigned Rice Drive is being built; and WHEREAS, in furtherance of the proposed realignment of the roadway and the railroad tracks, and in exchange for SMART’s commitment to later conveying to the City of San Rafael such parcels of real property as required for the City’s use of the realigned Rice Drive for public street and utility purpose, the City made the following conveyances to SMART: a. Grant to SMART of Assessor’s Parcel Nos. 013-041-52, 013-041-55 and portion of City (Rice Drive) right-of -way, by Grant Deed recorded on March 20, 2018 as Document No. 2018-0009898 in the Official Records of the County of Marin; and b. Grant to SMART of Assessor’s Parcel No. 013-041-44 by Grant Deed recorded on March 20, 2018 as Document No. 2018-0009897 in the Official Records of the County of Marin. WHEREAS, in granting such properties to SMART, the City reserved to itself easements for public street and utility purposes until such time as the realignment is completed and the new public street is available for use as a City of San Rafael public street, and committed to vacating such easements at that time; and WHEREAS, in October 2016 the City of San Rafael provided notice to all affected utilities to relocate their facilities prior to the roadway realignment in this area and the utilities have each worked with SMART to obtain satisfactory property rights for their facilities; and WHEREAS, the street realignment is substantially complete and ready to be opened for public use and by reason of such relocation, the public street and utility easements reserved by the City are no longer needed for current or prospective public use; therefore, it is appropriate for the City to vacate the easements; and WHEREAS, SMART has confirmed that it will convey to City the property interests needed for the City’s use of the relocated street prior to the street’s opening for public use; and WHEREAS, in 2006 SMART certified the Sonoma-Marin Area Rail Transit Project 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 vacation of the public roadway and utility easement over the Rice Drive Properties approved herein is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, under the Class 2 categorical exemption for minor alteration of existing public structures or facilities involving negligible or no expansion of use (14 Cal. Code Regs. Section 15301)); NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. All the facts recited above are true and correct. 2. The City Council of San Rafael, pursuant to Street and Highways Code Sections 8330(a) and 8333(c), summarily vacates and abandons for public use and purposes: a. The easement for public street and utility purposes over that certain real property commonly known as 013-041-52, 013-041-55 and portion of City right-of-way (Rice Drive), more particularly described and depicted in the Legal Description and Plat, attached hereto and incorporated herein as Exhibit “A” and Exhibit “B”, respectively; and b. The easement for public street and utility purposes over that certain real property commonly known as 013-041-44, more particularly described and depicted in the Legal Description and Plat, attached hereto and incorporated herein as Exhibit “C” and Exhibit “D”, respectively. 3. From and after the date this adopted Resolution is recorded, the easements described in Exhibits “A” through “D” shall no longer constitute public street and utility easements. 4. That the City Clerk be and is hereby ordered to record a certified copy of this Resolution with the Marin County Recorder’s Office. 5. That the City Manager is authorized to execute, and the City Clerk is authorized to record with the Marin County Recorder’s Office, such other documents, approved as to form by the City Attorney, as may be necessary to complete the City Council’s action as taken herein. I, LINDSAY LARA, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2nd day of April 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gamblin LINDSAY LARA, City Clerk Exhibit A-Legal Description of APN: 013-041-52, -55 & Portion of City ROW (Rice Drive) Exhibit 8-Plat for APN: 013-041-52 &-55 & Portion of City ROW {Rice Drive) Exhibit "A" Legal Description Parcel One: Lying within the City of San Rafael, County of Marin, State of California and being the land deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor trustee(s) under the Roland and Beverly Bacci Family Trust U/ AJD 4/19/90 as amended to the City of San Rafael under Document Number 96-045952 Official Records of Marin County, said land is more particularly described as follows: BEGINNING at the intersection of the southerly line of the parcel conveyed to Bacci by Document Number 84-087055, Marin County Records, with the easterly line of Rice Drive; thence along the easterly line of Rice Drive, N 35°55'51" E, 77.36 feet; thence N 44°13'51" W, 60.90 feet to the westerly line of Rice Drive; thence along said line S 35°55'51" W, 74.16 feet; Thence S 41°17'25" E, 61.52 feet to the POINT OF BEGINNING Accepted by The City of San Rafael under Resolution No. 9669, dated August 19, 1996 . Containing 4,546 Square Feet more or less Parcel Two Lying within the City of San Rafael, County of Marin, State of California and being a portion of Segment 2 as shown on the land relinquished to the City of Santa Rafael under Relinquishment of Highway Right of Way, Request No. 56112, recorded under Document Number 2015-0017225, together with a portion of Segment 1 as shown on the land relinquished to the City of Santa Rafael under Relinquishment of Highway Right of Way, Request No. 56120, recorded under Document Number 2015-0017224 Official Records of Marin County, said portions are more particularly described as a whole as follows: Commencing at the northeasterly comer of the land granted from Bacci Trust to the City of San Rafael as described in Deed recorded under Document Number 96-045952 Official Records of Marin County, said point marked by a Rivet and Tag, stamped LS 5814, as shown on the Parcel Map filed in Book 26 of Parcel Maps, Page 4, Marin County Records; thence North 44°13'51" West 5 .32' to the northwest line of the land shown as "excess land parcel" on the Caltrans Relinquishment Map No. 56120, Filed February 6, 2015, in State Highway Map Book 6, Page 2, Marin County Records, on the northwest side of Parcel 1 of said map and the POINT OF BEGINNING; thence along the northwest line of said Segment 1, North 34°51 '32" East 47.26 feet; thence along said northwest line and along the south line of said Segment 1, on a curve to the right with a 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 1 of 2 Radius of 33 .00 feet, for a length of 52.16 feet, through a central angle of 90°33 '40" to a point of cusp; thence leaving said south line of Segment 1, North 53°26'40" West 106.62 feet to the west line of Segment 2 as shown on the Caltrans Relinquishment Map No. 56112, filed February 6, 2015, in State Highway Map Book 6, Page 2, Marin County Records, said point being on the westerly line of Rice Drive; thence along the west line of said relinquishment and Rice Drive, on a non~tangent curve to the right, the radius point of which bears, South 63°41 '50" West, with a Radius of 53.56 feet, through a central• angle of 65°43'56", for a length of 61.45 feet; thence, continuing along said relinquishment line and the west line of Rice Drive, South 35°36'56" West 23.37 feet to the North line of the lands of the City of San Rafael as described in the Deed to the City of San Rafael deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor trustee(s) under the Roland and Beverly Bacci Family Trust U/A/D 4/19/90 as amended to the City of San Rafael w1der Document Number 96-045952 Official Records of Marin County; thence along said line, South 44°13'51" East 46.85 feet to the POINT OF BEGINNING. Containing 4,152 Square Feet more or less 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 9540 l Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 2 of 2 PARCEL EXHIBIT 'B' lHIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT EFFECT lHE LEGAL DESCRIPTION. (N40"23"40"W 61 .51')R17 \ S41"1 7'25.E \ 61.52' ~ PARCEL ONE SITE MAP NO SCALE BACCI FAMILY LP. 0,N. 2004-102:0-4S A.P.N. 013-041-M PARCEL MAP -26 P.M. 04 PARCEL 2 s35•55•s1 ·w 74.16 (NJ6"51 '1 O"E 376.51 )R10 SAN RAFAEL RmE."S..OPMEHT AGENCY 0,N , 19112-025909 1---s35·3s•5s"w 23.37 STAlE CA.. 1-le ♦ O.R. 1511 APN 013-041-48 \ 'l"\ {N36"30'01"W 2J.86')R19 R•53.56' lr:65"43'56" L•61.45' PARCEL MAP 20D6 MAPS 143 LO-Y 1 PARCEL TWO AD BRG ss3•41•so·w ---- R8 CALTRANS RIGHT OF WAY PLANS IV-MRN-1-C POST MILE 8.7-10.6 R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R. R16 PARCEL t.AAP -26 P.M. 04, M.C.R, ( IN FEET ) 1 in ch = 40 ft. ABBR EVIATIONS - - 80 / R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R . R18 PARCEL MAP -2006 MAPS 143, M.C.R. ON • DOCUMENT NUMBER P.U.E.= PUBLIC UTILITY EASEMENT R19 RELINQUISHMENT NO. 56112 -BOOK 6 STATE HWY MAPS, PAGE 1, M.C.R. R20 RELINQUISHMENT NO. 56120 -BOOK 6 STATE HWY MAPS, PAGE 2, M.C.R. 0 = 3/4• IRON PIPE ~-= EASEMENT AREA THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION. JAMES M. DICKEY, P.L.S. 7935 CINQUINI & PASSARINO, INC. LAND SURVEYING 1360 No. Dutton Ave. Santa Roaa, Ca. 95'1()1 Phone: (707) 5-42-6268 .I. SUBOIVISIONS Fax: (707) M2-2106 WWW,CINQUINIPASSARINO.Cc».4 JOB NAME:RICE DRIVE PARCELS DRAWN BY: TM CHECKED BY: i----------------tSCALE:1" • 40' DAlt: 9/21/17 DESCRIPTION: R.O.W. PARCELS JOB f:7240-15 PAGE: 3 OF 3 Exhibit. C -Legal Description of APN: 013-041-44 Exhibit 'r;i-Plat for APN: 013-041-44 Exhibi~ ' C " Legal Description Parcel One: 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 Document Number 2017-0009320, Official Records of Marin County, said land is more particularly described as follows: Commencing at a point S54°25'3 l "E, 25.22 feet from the most southerly point of the parcel of land 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°25'3l"E, 232.87 feet; thence along a right-of-way line, being a left hand curve, whose center bears N77°13'0l"E, with a radius of 462.78 feet , through an angle of2°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 cepter 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 of 326.79 feet, to the point of commencement. 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 Pagel of I A r---71--.-.;---------------~---,;,:----;,~---r-----.::::---=-------:= EXHIBIT 'D' I t f THIS DIAGRAM IS FOR t-> • \ GRAPHIC PURPOSES ONLY. I ~-'t_.·\ ANY ERRORS OR OMISSIONS -,. SHALL NOT EFFECT THE rn LEGAL DESCRIPTION. "<:t 0 LO (\j N POINT OF COMMENCEMEN T \ \ \ \ \ \ i\\ \ ~\~ \ 0~ ~\o ~$\ \f,v, ~c S54"25'31nE 232.87' \ §. (S5Y22'49'E 158 .0 S)RI0 fi ';l (N53 '23'24"W 3 28 .0!r)On\ (S53"23'24" 328.14)R17 STATE CA, \ 1-464 O.R. 159 APN 013-041-48 R•462.78' 6=2"17'51" L=18.56' S52'45'42"E 30.68' (S51 '52'21 "E 30.68)R17 (S51 '51 '15"E 30.68)R1 O S41'20'42"E 6 7.27' (S40 '3 7'22"E 67.96)R 17 (S 40 "23'05"E 67.37)R10 REFERENCE SITE MAP NO SCALE DEEDS 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. GRAPHIC SCALE 40 0 40 80 ~~ - ' J ( IN FEET ) 1 inch = 40 ft. ABBREYIADONS DN .., DOCUMENT NUMBER P.U.E.= PUBLIC UTILITY EASEMENT \ . \ 0 • 3/4" IRON PIPE !Z23 = EASEMENT AREA THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION. JAMES M. DICKEY, P.L.S. 7935 CINQUINI & PASSARINO, INC. LAND SURVEYING 1360 No. Dutton Ave. Santo Roeo, Ca. 95-401 Phone: (707) 542-6268 & SUBDIVISIONS Fox: (707) 542-2106 WWW.CINQUINIPASSARINO.COM JOB NAME:RICE DRIVE PARCELS DRAWN BY: 1M CHECKED BY: 1------------------fSCALE: 1'' = 40' DATE: 9/21/17 DESCRIPTION: R.O.W. PARCELS JOB !11:7240-15 PAGE: 2 OF 2