HomeMy WebLinkAboutCC Resolution 12678 (330 Bellam Blvd. Drainage Easement)I�Y�I7IIJIY[1��1►[�� ► YE:3
RESOLUTION APPROVING THE VACATION OF A 40' WIDE
DRAINAGE EASEMENT ON PARCEL 1 SHOWN ON "PARCEL MAP —
RESUBDIVISION OF LOTS 3, 4 AND 5, BAHIA DE RAFAEL
INDUSTRIAL PARK, 15 MAPS 54" (16 PM 84), PURSUANT TO
SUMMARY VACATION AND ABANDONMENT PROCEDURES AT 330
BELLAM BOULEVARD, SAN RAFAEL, CALIFORNIA, APN 009-280-06.
WHEREAS, on February 13, 1973, a map entitled "Map of Bahia De Rafael Industrial
Park" was recorded in Marin County Recorded Office, in Volume 15 of Maps at Page 54; and
WHEREAS, the recorded map showed the dedication of a 40' drainage easement ("DE")
beginning from the easterly boundary line of Lot 3 to the northwesterly corner of Lot 5; and
WHEREAS, the City of San Rafael accepted the dedication of such 40' drainage
easement; and
WHEREAS, on July 24, 1979, a parcel map entitled "Resubdivision of Lots 3, 4 and 5,
Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84), was recorded at the County Recorder
Office creating two parcels, Parcels 1 and 2, Parcel 1 of which contained the drainage easement;
and
WHEREAS, staff has confirmed that no drainage facilities have ever been installed or
maintained by the City of San Rafael within the drainage easement on Parcel 1; and
WHEREAS, with the construction of Windward Way in mid -1980, it appears from all
evidence that the portion of the 40' wide drainage easement on Parcel 1 shown on "Parcel Map
.... Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84) no
longer serves any present or prospective public purpose.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
All the facts recited above are true and correct.
2. The City Council of San Rafael, pursuant to Street and Highways Code Section
8333(a) summarily vacates and abandons for public use and purposes that portion
of the existing 40' wide drainage easement on Parcel 1 shown on the parcel map
entitled "Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15
Maps 54" (16 PM 84), as is more particularly described and depicted in the Legal
Description and Plat, attached hereto and incorporated herein as Exhibit "A" and
Exhibit "B", respectively.
3. From and after the date this adopted Resolution is recorded, the portion of the
drainage easement described in Exhibit "A" and depicted on the Plat as shown in
Exhibit "B" shall no longer constitute a public storm drain or other drainage
easement.
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 Mayor is authorized to execute, and the City Clerk is authorized to
record with the Marin County Recorder's Office, such other documents, including
a quitclaim deed, approved as to form by the City Attorney, as may be necessary
to complete the City Council's action as taken herein.
I, ESTHER C. BEIRNE, 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 16`x' day of March, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Brockbank, Connolly, Miller & Mayor Boro
None
Heller
2
ESTHER C. BEIRNE, City Clel
0 2
RECORDING REQUESTED, AND
WHEN RECORDED, RETURN TO:
RECEIVED CITY CLERK
CITY OF SAN RAFAEL
2009 APR 16 AM 9: 53
City of San Rafael
City Clerk
1400 Fifth Avenue, Room 209
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Esther C. Beirne, City Clerk
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Page 1, ',a° '.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Certified Copy of RESOLUTION NO. 12678
RESOLUTION APPROVING THE VACATION OF A 40' WIDE
DRAINAGE EASEMENT ON PARCEL 1 SHOWN ON "PARCEL
MAP — RESUBDIVISION OF LOTS 3, 4 AND 5, BAHIA DE
RAFAEL INDUSTRIAL PARK, 15 MAPS 54" (16 PM 84),
PURSUANT TO SUMMARY VACATION AND ABANDONMENT
PROCEDURES AT 330 BELLAM BOULEVARD, SAN RAFAEL,
CALIFORNIA, APN 009-280-06.
EXHIBIT "A"
DRAINAGE EASEMENT VACATION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN, STATE OF CALIFORNIA, AND BEING DESCRIBED AS FOLLOWS:
BEING THAT PORTION OF THAT CERTAIN 40 FOOT WIDE DRAINAGE EASEMENT DEDICATED TO
THE CITY OF SAN RAFAEL ON THAT CERTAIN MAP ENTITLED "MAP OF BAHIA DE RAFAEL
INDUSTRIAL PARK', FILED ON FEBRUARY 13, 1973 IN VOLUME 15 OF MAPS AT PAGE 54, MARIN
COUNTY RECORDS, LYING WITHIN PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP
ENTITLED "PARCEL MAP RESUBDIVISION OF LOTS 3,4 AND 5, BAHIA DE RAFAEL INDUSTRIAL
PARK -15 MAPS 54, SAN RAFAEL, MARIN COUNTY, CALIFORNIA', FILED ON JULY 24, 1979 IN
BOOK 16 OF PARCEL MAPS AT PAGE 84, MARIN COUNTY RECORDS.
LAND 97/i
KIER & WRIGHT IVIL ENGINEERS & SURVEYORS ��,��1\� i
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No. 8345
KEVIN J.9AIQTIN, L. .18345 DATE
LICENSE EXPIRES: 2/31/09
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BELLAM BOULEVARD
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DRAINAGE EASEMENT VACATION
PARCEL
16 M 84
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CIVIL ENGINEERS & SURVEYORS, INC.
1233 Quarry Lane, Suite 145 (925) 249-6555
Pleasanton, California 94566 Fax (925) 249-6563
EXHIBIT " B " SCALE 1" = 100'
DATE DEC. 2008
DRAINAGE EASEMENT BY KM
VACATION JOB NO. A08834
SAN RAFAEL, MARIN COUNTY, CALIFORNIA SHEET 1 OF 1
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