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PW Portions of Jacoby Street VacationSAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 6.c Meeting Date: July 15, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Josh Minshall, City Manager Approval: Associate Civil Engineer TOPIC: VACATE A PORTION OF JACOBY STREET SUBJECT: A RESOLUTION TO ORDER VACATION OF PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA RECOMMENDATION: Hold a public hearing and adopt a resolution to order the vacation of portions of Jacoby Street. BACKGROUND: Prior to 1984, a portion of Jacoby Street existed as a paper street through what is currently Marin Sanitary Service (MSS) property. A paper street is designated on a recorded document but is not necessarily constructed as a roadway. Paper streets are set up based on the original subdivision of the properties and also allows utilities to provide services within these areas. In this case, the alignment of Jacoby Street was part of an historic route following the grade near the bottom of the hillside to connect towards San Quentin, prior to the construction of Highway 580. The underlying property is owned by Marin Sanitary Service (MSS) and the paper street is an easement across that property originally intended to provide access and utilities to adjacent properties. 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. 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. 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. FOR CITY CLERK ONLY File No.: 2-4-43 Council Meeting: 07/15/2019 Disposition: Resolution 14709 COPY SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 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 to be abandoned is shown and described on Exhibit A of Attachment 1. In 2015 the San Rafael City Council adopted Resolution 13976, amending the MSS Use Permit (Master Use Permit 09-020 and Environmental Design Review Permit ED09-031), which included lot consolidation. As part of Condition 25 of ED09-031 the applicant was required to submit documents and a deposit for vacating this portion of Jacoby Street. The abandonment process, referred to as a general vacation, is set forth in the California Streets and Highways Code, Sections 8320-8325. The following steps are intended to meet the process requirements: 1. Notify and receive confirmation from utilities. 2. Adopt a Resolution of Intent. 3. Post notices of the public hearing on the property to be vacated. 4. Conduct a public hearing. Utilities were previously notified on June 23, 2015 of the proposed vacation. Objections were received from MMWD, PG&E and SRSD, based on their existing or potential infrastructure within Jacoby Street. Following these objections, MSS has coordinated and prepared easements to address each objection (Attachment 2 and 3). Another set of notifications was sent May 15, 2019 to confirm that remaining objections have been withdrawn. On June 17, 2019 a resolution of intent was passed at the regular City Council meeting and the hearing date was set for July 15, 2019. As required by the process outlined above, notice was printed in the Marin Independent Journal for two successive weeks prior to the hearing (Attachment 2), and physical postings were placed along Jacoby Street. ANALYSIS: The historic purpose of Jacoby Street was to connect the City of San Rafael to San Quentin and also provided access to properties as they developed. However, this portion of Jacoby Street has not been utilized by the City since the completion of Highway 580 and Andersen Drive. As referenced in the background, the abandonment was a condition of the Master Use Permit, and the underlying property is currently owned by MSS. Vacation would not be a grant of City -owned property, but rather the City would be relinquishing the right to construct a roadway or utilities in the remaining alignment. Therefore, this would not be considered a special benefit to MSS, but fulfillment of the conditions imposed as part of the approval of the Master Use Permit. Staff believes it is appropriate to move forward with vacating this section of Jacoby Street as requested by MSS and as noted in the conditions of approval for MSS. MSS has utilized these lands as part of their site operation and have installed a gate at the westerly end of their site on Jacoby Street, to secure their operations and demarcating the City's maintenance limit. Staff has provided notification to utility companies of the City's intent to vacate this property. Utilities are encouraged to contact the property owner to secure independent easements for their facilities and it is staffs understanding that the Marin Municipal Water District (MMWD) is pursuing such an easement with MSS. MMWD has sent the City a letter indicating that their prior request to not vacate the existing portion of Jacoby Street has been withdrawn (Attachment 3). An easement has been proposed for PG&E regarding their existing facilities. Similarly, a separate easement has been proposed for the San Rafael Sanitation District (SRSD). These easements are SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 shown and described in Attachment 3. The City is not obligated to halt the vacation process, but as a courtesy, staff has coordinated this effort with utilities, and they have secured easements with the property owner. At this time, the City is asked to hold a public hearing to consider vacating a portion of Jacoby Street and to take action if approved. Staff recommends that the City Council adopt the resolution as presented, to vacate a portion of Jacoby Street and authorize recordation of the resolution in the Official Records of Marin County, to finalize the vacation. FISCAL IMPACT: There is no fiscal impact associated with this item. Staff costs associated with this action will be reimbursed by MSS per the use permit conditions. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented. 2. Adopt the resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Hold a public hearing and adopt a resolution to vacate a portion of Jacoby Street. ATTACHMENTS: 1. Resolution, with Exhibit A: Legal Description and Plat 2. Notice of Public Hearing 3. MMWD Letter withdrawing a request for reservation Oct. 2, 2018. 4. Proposed easements, with Exhibit B for PG&E and Exhibit C for SRSD 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 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 ; 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 LINDSAY LARA, City Clerk 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 12°13" West 406.10 feet; thence North 4896' 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 57009' 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 43001' 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 5715' 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 EXHIBIT A LO (n o Ld Q w LL. 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LO V - m O �` � N CL O `- Q) Cl N :D �' a) � 00 Rf m U o C ' p W C O L a) ca m a) N w .Em c'x0�0 � aL OE Ln r O L .N > Q `- C a O C? fl.- - O L U O _ (D U Q = cC a) Cc 0O 00 � N L w U O w' L � U�ti� U c fl. cn>, O C -p >+ ao Q c i 0 O O (n (4 a) O co o o—, � -0-0 0>, E U � C) aOi 00 C U a (0 = 0 U .�+ O CO = o a 4)-a 0 U .� > Urn Y> W V �+ C fn ~ OL L O a N v U C : c n N — a) C O: E 4_ 0 0 ca >, C ca a) ME c—) o Q U a 0 U +' "=� U �� O C L N CO O Q- cn L O a) ca a0i U ca Q(D OL- uZOE v) a. o 3 3: >,� m cva a) U> (� O t o ~ o a) L a N 0 w i) 4-- L- O (D O = N L C •C 0 E � p Q 0 LO rr� En f/i C L E a�� N �0 c—� O� �.- 4o Eo t �v °� t 0� > /f O -� "=3o�c0 3 C a) O O ' or -m U O �rn N Q om Y U _ �0ma)ca >' car0 ca ca� (1i A O a N6 lQ = tea) O C EEo _U E 5 E.9 LL LL m m U LL Q L.L 1 O Z w Z � < w w Q OL Q O IL = Z Z wJ J Z Q w U O0 ~ O w _ !L O LL IST AHNN I�1.U'�rIi-.CIPAL ATER 220 Nellen Avenue Corte Madera CA 94925-1169 marinwater. org October 2, 2018 VIA ELECTRONIC EMAIL �i� ICIi.1. yl1iC� lCCil�,Ll l\!ll � S�llll'a ��ti:�.01'(r Alicia Guidice, Senior Planner City of San Rafael 1400 Fifth Avenue San Rafael CA 94901 Re: MMWD — MSS Easement Agreement, etc. APN 018-180-52 Dear Ms. Guidice: The Marin Municipal Water District ("District") and the Marin Sanitary Service ("MSS") have approved and executed (1) a Right of Way Agreement, and (2) a new Easement Agreement that provides the District with a new easement description for the District's future facilities. Prior to the approval of both agreements, the District reserved "the reservation of a right-of-way for District facilities," per the California Streets and Highways Code Section 8340 to maintain and operate for in-place utility facilities. Subsequent to the approval and execution of the both agreements, the District withdraws its request for the reservation of a right-of-way for District facilities, over the subject property, as referenced in Attachments 1 and 2 of this letter. Should you have any questions, please contact me by email at pmorrisnts(c�lmarin\4aicr.or_q or by phone at 415-945-1535. Sincerel,� Com' Pau Morrison Engineering Support Services Manager PM:SG:mp Attachments: 1. City of San Rafael letter to MMWD, dated June 23, 2015 2. MMWD letter to City of San Rafael, dated July 8, 2015 cc: Mary Casey-MMWD Counsel, Terry J. Mason -Marin Sanitary Service Counsel, Mike Ban- MMWD, Rafi Boloyan-City of San Rafael Planning, Patty Garbarino-Marin Sanitary Service -v, C[TY Of • A - 1 illI \-0A\UN\NIRIVl.I YI-f.AVNI('-II1.1,01011 11116A•U PK 1.1.AN tl11 ill IU KIIfY (.ol f:r.1-Ml \IIK it AA 11 (111 IN '1 Cnimr111111\111111111!11( A!AI11 IN PUBLIC WORKS DEPARTMENT (415)485-3355 FAX (415)485.3574 Arvin A1C(;n%rn71. Atong Director IBJ Ihlhih WeAt Jutta 23, 2015 Kevin McUonncl Dile No: 16.14.23 and Marin Municipal Water District 13.02.19 -1.1)14-097 220 Nellan Avenue Corte Madera, CA 94925 Re: Vacation of a portion of Jacoby Street • Right -of -Way Vacation Notification and Request for Review Dear Kevin, 1 he purpose of this letter is to notify utility owners in the vicinity of Jacoby Street, San Rafael that a portion of the Jacoby Street Right -of -Way is in the process of being vacated by the City of San Rafael. Utilities that would otherwise have access use this Right-of-Wny are being notified in order to respond to the proposal and acquire any easemcnls, access agreements, and/or similar instruments necessary to maintain facilities. BACKGROUND: In 1984 the City vacated, by Resolution No. 6780, the northerly 30 feet ora portion of the old 60 -foot road right-ul=way (ROW) which comprises Jacoby Street and its former route to the San Quentin area from approximately the westerly property line of AP 18-180-59 to approximately 60 feel of Jacoby's easterly terminus. The City's 1991 Marin Sanitary Service (MSS) Use Permit 92-7 paragraph (4) "Abandonment of Jacoby Street" provided approval to extend the abandonment of .lacoby Street from the westerly property line of AP 18-1414% (now AP 18-180-72) to Jacoby's easterly terminus. City Use Perot 96-8 confirmed the prior approval by Use Permit 92-7 by including the paragraph entitled "Abandonment of Jacoby Street". In 2012, as part of ils preparation to amend its Use Permit, MSS requested the Public Works Department to move forward with the abandurunent process for the extended segment, as wall as including the 30 feet southerly remainder of the 60 -foot road ROW not abandoned in 1984, FOR REVIEW: Attached are the following documents for the referenced Jacoby Street Right -of --Way Vacation: I. legal Description 2. Exhibits 1 through 3 — Vacation Plat 111 ti1itl11.1fety lfBfl•I 1'On11X ISIin11 SA.: I(AI.A!i1,1A 9171;•151111 W11 W (.' I I I11 .SA1N %1AI L I IRI; Review the attached information, a response is required prior to July 8, 2015 if there are any objections. Please provide confirmation that casements have been obtained to maintain access to existing facilities, if applicable. If you have questions or comments please contact me at 415-485-3158 or at jmIt nlip.h;tlhi city�lvu�r tli�y I_.nry. Very truly yours, Josh \Imshall. Assistant Civil Engineer Attachments 1 legal Description 2. Exhibits I through 3 - Vacation Plat Rani Doloyan, Planning Manager Kevin .McGuwan, Acting Public Works Director 111 MORMIEW Stull PnaOX 151SW SANaArut. rA 94417-.760 WWW CITYOrYANRAM" OAC OBERKAMPER K ASSOCIATIS 05-21-14 CIVII- FNGINEERS, INC tub No. I0-121 I -LO L DESCRIPTION JAC OBY RIGIiT Oh WAN' VACATION TO MARIN SANI I-ARY SER,VIC_'F All that certain real property situate in the State of C'aliflornia, Courtly of Marin, ( ity ol'San Rad'aeL and mute particularly described as follLms: (Being a portion of the public street designaled as Jacoby Street and more particularly described as Pelle+vs: BF(11NNING AT the most easterly corner of Parcel E as described in the Lot Line Adjushncnt document recorded by document serial 97-056783, Marin County Records, point being, the on lite centerline otlhc 60' right -of' way lurmerly known as the San Ral'acl-San Quentin'holl Road; thence along said centerline North 57'15' West 20.46 Icet; thence Norlh 81 "32' West 204.80 feet; thence Soulh 69`54' West 203.50 feet: thence South 72'59' West 116.60 feet; thence North 84"06' West 384.90 feel; thence North 66'49' West 92.20 feel: thence North 52"28' West 2-45. 10 feet; thence north 43" 10' West 176.SU Icet; thence North 12'13" West 406.10 loci; thence Norlh 48°36' West 95.60 feet to the Southeasterly corner of Parccl 2 as shown on th,u Parcel Map titled, "Parcel Map, Lands off Quail tlill htc: ' recorded in Book 15 ul' Parccl klaps at page 38. Marin County Records; thence continuing along Said right -of way centerline being common to the Southerh line of aid Parcel 2, North 77"03' West 116.70 legit; thence South 80'21' West 163.00 feet; thence Norlh 69''37' West 82.011 Icet; thence North 49`32' West 70.51 Icct to the most Westerly corner ofs,aid Parcel 2; thence leaving the line of said right -of -%%ay along the boundary common to said Parcel 2 and Parcel 1 a, shown on said Parcel I•lap (15 I't`1 38), North 38'26'50" East 311.02 feel to a point un the Northeasterly boundary of Parcel A as shown on said Parcel Map (15 PM 38); theme along the boundary of said Parcel .A, North 49"32' West 31.52 Iccl; lhcnoe.North 36`08' West 193.38 lest; thence North 70'35' West 87.46 leer to point on the boundary of Parcel A as described in said Lot Linc Adjustment ducununl (97-056781); thence along the boundary o Sand Parcel A (97-056783). North 70"35' West 268.82 feel, thence North 57"09' West 131,46 lest; thence North 43'0I' \k est 88.09 Icet lee the Westerly corner of said Parcel A (97-056783), point being the Southerly curter ofthe property described in the Grant Dccd to DK M Investment Properties, LLC recorded by document serial 2001-11089424, Marin County Records; thence leaving the boundary of said Parcel A, South 4V59' West 60.00 Icer to a point on the Northeasterly boundary of parcel B as descrihed in said I at Line Adjustment document (97-1156783); thence along said Northeasterly boundary of Parcel N, South 43'01' East 95.53 feel; thence South 57"09' East 145.96 lest; thence Suulh 7U'35' East 149.50 feel to the Northwesterly corner of Parcel Cas described in said Lot Line Adjustment document (97.056783); thence along the boundary of said Parcel C, South 7095' East 105.69 feet; thence leaving the boundary of said Pnrcel C and continuing along it line offset 30 lest South ufthe centerline ol'lhc 60' right -of -sway t6rmerly known as the San Rafael -San (Quentin Tull Road, Soulh 70"35' East 89.55 feet; Ihcncc South 16'08' l=ast 181.82 fie(; thence South 41)'32' bast 115.45 feet; thence South 69"37' East 95.36 feel; thence North 811`21' last 165.05 OBERKAMPER & ASSOCIATES 05-21-14 CIVIL ENGINEERS, INC Job No, 10-121 feel; thence South 77°03' Last 103 10 feet; thence South 48036' East 78.14 feet; thence South 12013" East 404.55 feet; thence South 43° 10' East 187.55 feet; thence South 52028' East 251.32 feet; thence South 66049' East 100.54 feet; thence South 84°06' East 395.54 feel; thence North 72°59' East 123.49 feet; thence North 69°54' Fast 196.67 feet; thence South 81 032' Fast 190.71 feet; thence South 57° 15' least 9.41 feet to the Easterly boundary ofsaid 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 ofsaid Parcel F., North 41'27'18" East 30.35 feet to the point of beginning pab:lco ZA do � 6 W :s �. � Z a zn v'ia Lid Q ro P ZSC F F O O �Z J � a ��o s n en 08 �co W d� N V C7 ��N P 3N HDIVY4 £ 13— LJ �3S O KL;.4ti July 8, 2015 John Mmshall City of San Rafael Public Works Dept. P 0 Box 151560 San Rafael, CA 94915 RE: WATER AVAILABILITY — Right -of -Way Vacation Location: Jacoby St„ San Rafael Dear Mr Minshali. Thank you for the opportunity to review the proposed vacation of a portion of the Jacoby Street right of way. The Marin Municipal Water District (District) requests per Section 8340 et. Seq. of the California Streets and Highway Code, "the reservation of a right-of-way for District facilities The District anticipates using the right-of-way for future water transmission facilities. In addition, as a result of the proposed vacation, the District intends to abandon all water facilities outside of the public right-of-way. A service will be Installed at the new terminus of the water main within the Jacoby Street right-of-way. All costs associated with the service Installation and property quitclaim are borne by the applicant, Please advise the applicant to contact the Distrct to make financial arrangements for the necessary work If you have any questions regarding this matter, please contact me at (415) 945-1532. Sincerely, Joseph Eischens Senior Engineering Technician JE:cb cc City of San Rafael Building Dept City of San Rafael Fire Dept, 1039 C St. San Rafael, CA 94901 OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC LEGAL DESCRIPTION PG&E EASEMENT 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 Westerly comer of 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 54.87 feet to a point on the Northeasterly boundary of Parcel C; thence along the boundary of said Parcel C, North 15°02' East 33.73 feet; thence leaving the boundary of said Parcel C, North 38°26'50" East 30.02 feet to a point on the Northeasterly line offset 30 feet North of the centerline of the 60' right-of-way; thence along the Northeasterly line offset 30 feet North of the centerline, 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 point of beginning. EXHIBIT B �sw W w k: NC) MN U)LLI 00 rn Z l/ LL.� a U M °�° 1~ O W Z Z N IV)� w z o o V) i V) w w >-� p ry ::E _� Q aw C14 C14 3 .1 m 'Fn 'wn ~z U �11J (QjO in r� I— v J v J m< z 3 r7Z� �� ^ m WZ w�go = p Z U 00 1� X m 0 p LLJ N -j o W ww U � W ao ao UOd > o z Q J rn z~rxY> Do 0 LO Q LLI U m o d U� W W U �o o 0- C-4 N M n I • o � Q` w- 00 z 3 j T- W W° cO ' o � W I LLd U ap d o U o0 En LO M� N% � O �Z a a O a °' N Q Q d O I O 3 w OP 00 � � Lq O M,6S.9tS J '0.09 U OTI S3LLS3dONd 0 1N3W1S3ANI Wv4 Lr O OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 LEGAL DESCRIPTION SAN RAFAEL SANITATION DISTRICT EASEMENT 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 Westerly corner of 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 50.00 feet; thence leaving the boundary of said Parcel B, North 46°59' East 60.00 feet to point on the Southwesterly boundary of Parcel A; thence along said Southwesterly boundary of Parcel A, North 43°O1' West 60.00 feet to the point of beginning. EXHIBIT C o Ln 0 � w g O Z WSW � U) 5: 0 O N CO /LLI z viI O V ~ LLJ w}J �z Q LLJ m Cf)< ,�W caim X w i J W OVA}- F �Z 0O Ez O I v 00 co r m W Q z o�d 0 W Q0 0-W ZN J I o W U _ACU I Q ZOO Y> a s w Q (n c0.� W CC) U a z o W` m Q Q 0� o Cf)a w W a z 0 N I ^ I Q z Q 00000 V) w W I U 0D W 0 IN 00 w Ir a a s ►- WF- O N Q a aN < , ,0*09 3,69 -9 -ON N o O 0p I w .� 1 ,1 00 �Fu6i p z I . A M, 6S.9t,S J 90—£3,1-8l 'd'V 0'09 U 3-n S31.W3d021d 91 1 MIMM I Wvd Lr O Utility Distribution Easement (11/18) -Modified 11/4/19 RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, NI OA, Room 101$ P.O. Box 770000 Say: Francisco, California 94177 Location: City/Uninc Record in- Fee $ Document Transfer Tax $ [ 1 This is a conveyance where the consideration and Value is less than $100.00 (R&T 11911). [ 1 Computed on Full Value of Property Conveyed, or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax 'Y of Document Recorded A. ,dPN16-Dec-2010 2019-004.6228 Has not been cornpared with original MARIN COUNTY RECORDER (SPACE ABOVE FOR RECORDER'S USE ONLY) llgnature or declarant or atrent determining tax LD#2401-06-10084 EASEMENT DEED MARIN SANITARY SERVICE, a California corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, situate in the City of San Rafael, County of Marin, State of California, described as follows: The parcel of land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations. Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities. Grantor shall not place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. L�L4-y3 Utility Distribulion Enscment (WIS) Modified 1114/19 Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: W-jo •I , MARIN SANITARY SERVICE, a California corporation Name and Title s Cr & Dame and Title Attach to LD: 2401-06-10084 Area, Region or Location: 7 Land Service Office: Santa Rosa Line of Business: Gas Distribution (53), Electric Distribution (43) Business Doc Type: Easements MTRSQ: 24.01.06.11.44, 24.01.06.11.43, FERC License Number: NA PG&E Drawing Number: NA Plat No.: TT3312,2985-C8 LD of Affected Documents: LD of Cross Referenced Documents: 2401-06-2150,2401-06-2556,2401-06-2680,2401-06-2112 Type of interest: Electric Pole Line Easements (3), Electric Underground Easements (4), Gas and Pipeline Easements (5) SBE Parcel: NA % Being Quitclaimed: NA Order or PM: 41964623 JCN: NA County: Marin Utility Notice Number: NA 851 Approval Application No: NA ;Decision: NA Prepared By: 7XL8/KXJM Checked By: DAKB Approved By: NA A)'Q' S Revised by: NA (NA) S:\GenlSvcslLand\AbandomnentsltVIARIN\Jacoby Street, San Rafael OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC EXHIBIT A LEGAL DESCRIPTION PG&E EASEMENT 11-01-19 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 former portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A of the Lot Line Adjustment Document 97- 056783, said point bearing North 4011'35" West 51.29 feet from a found standard street monument as shown on the "Record of Survey, Monuments on Jacoby Street", Book 17 of Surveys at page 66, and being the Southerly comer of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document 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 43101' East 95.53 feet; thence South 57009' East 145.96 feet; thence South 70135' 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 1.05.69 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 54.87 feet to a point on the Northeasterly boundary of said Parcel C; thence along the boundary of said Parcel C, North 15°02' East 33.73 feet; thence leaving the boundary of said Parcel C, North 38°26'50" East 30,02 feet to a point on the Northeasterly line offset 30 feet North of the centerline of said 60' right-of-way; thence along the Northeasterly line offset 30 feet North of the centerline, North 49°32' West 31.52 feet; thence North 36°08' West 193.38 feet; thence North 70035' 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, North 70035' West 268.82 feet; thence North 57°09' West 131.46 feet; thence North 43°01' West 88.09 feet to the point of beginning. Basis of Bearings is South 49029'05" East 68.28 feet between found monuments established by "Record of Survey, Monuments on Jacoby Street", Book 17 of Surveys at page 66, and as shown on exhibit B. W WOgd f� N LL7 ! M� MZ 4p `e W Q soda► o► W_ 8V U z 0— N I o W z V�� p in t f tntn � W ��zW S� Inn �3 m o `'z M o zv mn Q O m "� z Y � W — cj W Ia Mao n '� m O �o t1W zco Lt. t+.�l c QW v� t CDq- af 00. OD co w'. z m •- O a. N W ►si p�, 'PO W o y CD Ld i Z(.) aMon V" co I z ao aW m Go z N aD �,.. O V a0 p to �^ Maj % cn m ct°o Iw %Oa �wW 4 00 a) s� o D Q LLL 0 F- N vnw 4t inC-44 -tocr d W p- Sol 0 ci^aip O4mNy o 'r-� W N� w V1 w� 0 r n %cl 4m w . a� o od (J' 1* C14 LLJ < W N rn ^ EL 3 W _ IC? D �� � O I! W rn Oo m O r z � o M.B8.9*g tzai 90—St►t.-81 'db .0.09 o *Z$,69— L 00Z *ON 000 r o 11/4/19 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 /`M-fel"V On �,o, Z" 0 t q before me, �� c�,E=%SLC A4 Notary Public, Insert name personally appeared J-0 5G-f!-� s-i�d s'o l.vta who proved to me on the basis of satisfactory evidence to be the persogK whose naringKis/,art'subscribed to the within instrument and acknowledged to me that helslt-e:thq executed the same in hislhtT/thdrr authorized capacity0tq, and that by his/%&/their signatures) on the instrument the perso*j, or the entity upon behalf of which the persont 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. M. SARKELA 9 Notary Public • California ._. z` :k Marin County z WITNESS my hand and official seal. z `t%- Commission # 2166101 My Comm. Expires Oct 24, 2020 r Z��� .. _ (Seal) r Signature of Notary Public CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for onese I f/themse Ives [ VrCorporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attorneys) -in -Fact of the above named Principal(s) [ ] Other Y of Document Recorded 2:,j -IPM 5•Dec•2010 2019-0040229 Has not been eorripared with original MARIN COUNTY RECORDER Record without Fee per G.C. 27383 RECORD AT THE REQUEST OF: SAN RAFAEL SANITATION DISTRICT WHEN RECORDED MAIL TO: San Rafael Sanitation District I I I Morphew Street San Rafael, CA 94915-1560 APN: Former Jacoby Street SPACE ABOVE THIS LINE FOR RECORDER'S USE Value Less than $100.00 EASEMENT DEED FOR VALUE RECEIVED, Marin Sanitary Service, a California Corporation, as Grantor, hereby grants to San Rafael Sanitation District, Marin County, California, a public entity, as Grantee, the following sanitary sewer easement, situate in the County of Marin, State of California, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. TO HAVE AND TO HOLD SAID EASEMENT for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said District, together with the right of ingress and egress. Grantors reserve the right to landscape or make such other use of the lands included within the easement which is consistent with Grantee's use, however such use by the Grantor shall not include the planting of trees or constriction of permanent structures, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, patios, or architectural concrete strictures within the easement. This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has caused this Easement Deed to be executed this �)D day of A6V4Y ., 2011 . GRANTOR Date: By r Joseph' ar ari o ( Chairman 0110e Board Date: By "ATTACH NOTARY STATEMENT" 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 November 20, 2019 before me, M. Sarkela (insert name and title of the officer) personally appeared Joseph J. Garbarino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishwe subscribed to the within instrument and acknowledged to me that he's etet ;ey executed the same in his/berftheir-authorized capacityoes-, and that by his/her, .F signature( on the instrument the person(o, 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. •.',13.,4.1- WITNESS my hand and official seal. Signature ;3 M. Notary Public btic - • CaliforniaC z ;-m Marin County i z Commission # 2166101 My Comm. Expires Oct 24, 2020 (Seal) OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC 10-10-19 Job No. 10-121 EM131T A LEGAL DESCRIPTION SAN RAFAEL SANITATION DISTRICT EASEMENT 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 Westerly comer of 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 46159' 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 43001' East 50.00 feet; thence leaving the boundary of said Parcel B, North 46°59' East 60.00 feet to point on the Southwesterly boundary of Parcel A; thence along said Southwesterly boundary of Parcel A, North 43001' West 60.00 feet to the point of beginning. 4 oF�ssro � sryr CIV11. o��ti� OF CAo 1 OF 2 N �S` iii N ��� z z � W ;e. H F- 4.0 - V o a as .4, F- , ,� z o g< Oz N V-1 z �No (n (1) c r Q W i�� QW Qr- C c) � W 628 5� Z o Vco n m Q LLI US O �W 6N O LL — V � � OQ CD U G� O - � > OD V)O-jl WU 0-1 � m (aar O a W a z 0 �m o W W LL. -A2to �, w mp Nm WE �05 N U .0'09 `� 4 3 3,69.9�N 1.. OO� to LO q z 90-£i►1-91 'd'd .0.09 U *669-LOOZ 'ON OOO O'n S3UMdObd o