HomeMy WebLinkAboutCC Resolution 12847 (Lands of Naylor)RESOLUTION NO. 12847
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING A PORTION OF AN EXISTING OPEN SPACE EASEMENT DEDICATED
TO THE CITY OF SAN RAFAEL UPON PARCEL `B' (APN 186-470-98) AS SHOWN
ON THE MAP ENTITLED `MAP OF PEACOCK ESTATES (COUNTRY CLUB
ESTATES), A SUBDIVISION OF LOT 1 (20 P.M. 10)' RECORDED AT 20 RM 28, AND
ACCEPTING AND AUTHORIZING RECORDATION OF AN EASEMENT DEED FOR
OPEN SPACE PURPOSES ON A PORTION OF THE `LANDS OF NAYLOR' (APN 186-
551-43) GRANTED TO THE PEACOCK ESTATES HOMEOWNERS ASSOCIATION
FOR INCLUSION IN PARCEL `B', IN CONNECTION WITH A LOT LINE
ADJUSTMENT AGREED UPON BY THE PEACOCK ESTATES HOMEOWNERS
ASSOCIATION AND THE OWNERS OF THE `LANDS OF NAYLOR' AT 534
BISCAYNE DRIVE, SAN RAFAEL.
WHEREAS, public interest, convenience and welfare require that the City of San Rafael
summarily vacate a portion of an existing open space easement dedicated to the City of San
Rafael upon Parcel `B' (AP No. 186-470-98) , known as the "Lands of Peacock Estates
Homeowners Association", as shown on the Map entitled `Map of Peacock Estates (Country
Club Estates), a Subdivision of Lot 1 (20 P.M. 10)' recorded at 20 RM 28, adjacent to the `Lands
of Naylor' (APN 186-551-43), and accept and authorize recordation of an Easement Deed for
open space purposes on a portion of the `Lands of Naylor' granted to the Peacock Estates
Homeowners Association for inclusion in Parcel `B' in connection with a lot line adjustment
agreed upon by the Peacock Estates Homeowners Association and the owners of the `Lands of
Naylor' at 534 Biscayne Drive, San Rafael.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael as
follows: All facts recited above are true and correct; and
1. The City Council of the City of San Rafael, pursuant to Streets and Highways
Code Section 8333(c), summarily vacates, for public use and purposes, that portion of the
aforementioned existing open space easement as is more particularly described and depicted in
the Exhibits "C" and "B" attached hereto and incorporated herein; and
2. From and after the date this Resolution is recorded, that portion of the open space
easement described and depicted in Exhibits "C" and "B" shall no longer constitute a public
open space easement; and
3. The City Council accepts that certain Easement Deed on file with the City Clerk,
granting to the City of San Rafael an open space easement located on a portion of the "Lands of
Naylor" (APN 186-551-43) granted to the Peacock Estates Homeowners Association for
inclusion in Parcel `B' (APN 186-470-98), in place of the aforementioned vacated open space
easement; and
4. The City Clerk is hereby ordered to record a certified copy of this Resolution and
the aforementioned Easement Deed with the Marin County Recorder's Office; and The Mayor is
authorized to execute, and the City Clerk is authorized to record, such other documents,
including a quitclaim deed, as may be necessary to complete the Council's actions, in a form
approved by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a meeting of the Council
of said City held on the 5th day of October, 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Meller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER C. BEIRNE, City Clerk
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