HomeMy WebLinkAboutCC Resolution 14709 (Vacate a Portion of Jacoby Street)Record 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
San Rafael, CA 94901
Attention: Lindsay Lara, City Clerk
COPY of Document Recorded
1:41PIA 10 -Doc -2019 2019.0047053
Has not been compared with
original
MARIN COUNTY RECORDER
RESOLUTION NO. 14709
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO
ORDER VACATION OF PORTIONS OF JACOBY STREET,
SAN RAFAEL, CALIFORNIA
OfilGdNAL
RESOLUTION NO. 14709
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL 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; and
WHEREAS, MSS has prepared separate easements for the benefit of the Marin
Municipal Water District, Pacific Gas and Electric, and the San Rafael Sanitation
District; and
1
WHEREAS, in June 2019 the San Rafael City Council adopted Resolution
14687, noticing the intention to order vacation of portions of Jacoby Street and setting a
hearing date for the 15th of July 2019; and
WHEREAS, notice has been published and posted pursuant to California Streets
and Highways Code sections 8322 and 8323;
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. The easements requested for reservation by Marin Municipal Water District,
Pacific Gas and Electric, and San Rafael Sanitation District shall be recorded by
the property owner to the satisfaction of the easement holders.
3. That the City Council hereby orders vacation of the portion of Jacoby Street
shown on and described in Exhibit "A".
4. The City Clerk is directed to record a certified copy of this resolution in the
Official Records of the County of Marin, and the vacation will become effective
upon such recordation.
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 15th day of July 2019, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
�fx . A -AAI i
LINDSAY LARA, City Clerk
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 before me,
Brenna Kathleen Nurmi
(insert name and title of the officer)
personally appeared ✓' L
who proved to me on the basis of safisfactoevidence to be the person hose nam i Aj
u�Dbr
ibed to the within instrument and acknowledged to me thaow sh / executed the same in
authorized capacity*), and that bytis&/th it signat e,� on the instrument the
person, or the entity upon behalf of which the person1iacted, 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 -/,✓2��v�
•,,,,,y' BRENNA KATHLEEN NURMI
Notary Public - California z
z Marin County
Commission k 2297544
My Comm. Expires Jul 19, 2023
(Seal)
OBERKAMPER & ASSOCIATES
CIVIL ENGINEERS, INC
LEGAL DESCRIPTION
JACOBY RIGHT OF WAY VACATION
TO MARIN SANITARY SERVICE
04-16-19
Job No. 10-121
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 5715' 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 1293" 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 7703' 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 5709' 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 5709' 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
EXHIBIT A
OBERKAMPER & ASSOCIATES
CIVIL ENGINEERS, INC
04-16-19
Job No. 10-121
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.
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