HomeMy WebLinkAboutCC Resolution 14687 (Vacate a Portion of Jacoby Street)1
RESOLUTION NO. 14687
SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER VACATION OF
PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA
WHEREAS, prior to 1984, a portion of Jacoby Street existed as a paper street through
what is currently Marin Sanitary Service (MSS) property, originally forming a part of an historic
route towards San Quentin, prior to the construction of Highway 580; and
WHEREAS, the subsequent installation of Andersen Drive through this area of San
Rafael has provided more direct access to the area, making the portion of Jacoby Street
through MSS superfluous; and
WHEREAS, in 1984, the City of San Rafael vacated half the width of Jacoby Street
through MSS property per Resolution No. 6780. Vacating the entire roadway was not pursued
at that time based on requests from utility companies who used to maintain facilities within a
portion of the existing paper street; and
WHEREAS, in 1993, the conditions of approval for MSS’s Use Permit 92-7 noted that
the remainder of Jacoby Street should be abandoned from the westerly property line of AP 18-
143-06 (now AP 18-180-72) to Jacoby Street’s easterly terminus. City Use Permit 96-8
confirmed this condition of approval; and
WHEREAS, in 2012, as part of its preparation to amend its Use Permit, MSS requested
that the City move forward with the vacation process for the paper street section of Jacoby
Street located within MSS property. The portion of Jacoby Street proposed for abandonment is
shown and described on Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, in 2015 the San Rafael City Council adopted Resolution 13976, amending
the MSS Use permit. As a condition of approval, the City required the applicant to submit
documents and a deposit for vacating the remaining portion of Jacoby Street on MSS property;
and
WHEREAS, it appears that that portion of Jacoby Street shown in Exhibit A, lying
southwesterly of Andersen Drive and southeasterly of Simms Streets, is unnecessary for
present or prospective public purpose;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
1. That the City Council hereby elects to proceed under the General Vacation provisions of
the Public Streets, Highways, and Service Easements Vacation Law (Sts. & Hwys Code
§§8320-8325).
2. That the City Council hereby declares its intention to vacate the portion of Jacoby Street
shown on and described in Exhibit “A”.
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3. That the regular meeting of the City Council on July 15, 2019 at 7:00 pm in the Council
Chambers, City Hall, San Rafael, California, is hereby fixed as the time and place for
hearing all persons interested in or objecting to the proposed vacation.
4. That the Department of Public Works of the City of San Rafael shall post at least three
(3) notices of street vacation conspicuously along the lines of the portion of Jacoby
Street proposed to be vacated, which notices shall be posted not more than 300 feet
apart. The notice shall state the time and place of the public hearing as hereinabove
provided, and the adoption of this Resolution of Intention.
5. That a map or plan showing the portion of Jacoby Street proposed to be vacated is on
file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael,
California.
I, LINDSAY LARA, 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 City
Council of said City on the 17th day of June 2019, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
LINDSAY LARA, City Clerk
OBERKAMPER & ASSOCIATES 04-16-19
CIVIL ENGINEERS, INC Job No. 10-121
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LEGAL DESCRIPTION
JACOBY RIGHT OF WAY VACATION
TO MARIN SANITARY SERVICE
All that certain real property situate in the State of California, County of Marin, City of San
Rafael, and more particularly described as follows:
Being a portion of the public street designated as Jacoby Street and more particularly described
as follows:
BEGINNING AT the most easterly corner of Parcel E as described in the Lot Line Adjustment
document recorded by document serial 97-056783, Marin County Records, point being the on
the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road;
thence along said centerline North 57°15’ West 20.46 feet; thence North 81°32’ West 204.80
feet; thence South 69°54’ West 203.50 feet; thence South 72°59’ West 116.60 feet; thence North
84°06’ West 384.90 feet; thence North 66°49’ West 92.20 feet; thence North 52°28’ West
245.10 feet; thence North 43°10’ West 176.80 feet; thence North 12°13” West 406.10 feet;
thence North 48°36’ West 95.60 feet to the Southeasterly corner of Parcel 2 as shown on that
Parcel Map titled, “Parcel Map, Lands of Quail Hill Inc.” recorded in Book 15 of Parcel Maps at
page 38, Marin County Records; thence continuing along said right-of-way centerline being
common to the Southerly line of said Parcel 2, North 77°03’ West 116.70 feet; thence South
80°21’ West 163.00 feet; thence North 69°37’ West 82.00 feet; thence North 49°32’ West 70.51
feet to the most Westerly corner of said Parcel 2; thence leaving the line of said right-of-way
along the boundary common to said Parcel 2 and Parcel 1 as shown on said Parcel Map (15 PM
38), North 38°26’50” East 30.02 feet to a point on the Northeasterly boundary of Parcel A as
shown on said Parcel Map (15 PM 38); thence along the boundary of said Parcel A, North
49°32’ West 31.52 feet; thence North 36°08’ West 193.38 feet; thence North 70°35’ West 87.46
feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document
(97-056783); thence along the boundary of said Parcel A (97-056783), North 70°35’ West
268.82 feet; thence North 57°09’ West 131.46 feet; thence North 43°01’ West 88.09 feet to the
Westerly corner of said Parcel A (97-056783), point being the Southerly corner of the property
described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial
2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South
46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said
Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel
B, South 43°01’ East 95.53 feet; thence South 57°09’ East 145.96 feet; thence South 70°35’ East
149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment
document (97-056783); thence along the boundary of said Parcel C, South 70°35’ East 105.69
feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet
South of the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin
Toll Road, South 70°35’ East 89.55 feet; thence South 36°08’ East 181.82 feet; thence South
49°32’ East 115.45 feet; thence South 69°37’ East 95.36 feet; thence North 80°21’ East 165.05
OBERKAMPER & ASSOCIATES 04-16-19
CIVIL ENGINEERS, INC Job No. 10-121
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feet; thence South 77°03’ East 103.10 feet; thence South 48°36’ East 78.14 feet; thence South
12°13” East 404.55 feet; thence South 43°10’ East 187.55 feet; thence South 52°28’ East 251.32
feet; thence South 66°49’ East 100.54 feet; thence South 84°06’ East 395.54 feet; thence North
72°59’ East 123.49 feet; thence North 69°54’ East 196.67 feet; thence South 81°32’ East 190.71
feet; thence South 57°15’ East 9.41 feet to the Easterly boundary of said Parcel E (97-056783);
thence leaving the line offset 30 feet South of the centerline of the 60’ right-of-way (formerly
known as the San Rafael-San Quentin Toll Road) along the boundary of said Parcel E, North
41°27’18” East 30.35 feet to the point of beginning.
pab:leo