HomeMy WebLinkAboutCC Resolution 12899 (Vacate Pedestrian Easement)RESOLUTION NO. 12899
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
VACATION OF PORTION OF EXISTING PEDESTRIAN EASEMENT (DN 88-04713)
ON LOT 24, MAP OF OAKWOOD SUBDIVISION, UNIT 3 (19 R.M.12) PURSUANT
TO SUMMARY VACATION AND ABANDONMENT PROCEDURES — 400 UPPER
TOYON DRIVE (APN: 012-121-28)
WHEREAS, on July 2006, the San Rafael Zoning Administrator did approve an
Environmental and Design Review Permit (ED05-088) for the construction of an access
driveway on the Lands of Glasser and the Lands of Ham at the end of Upper Toyon Drive, which
street is also known as Clorinda Avenue Extension in the Map of Oakwood Subdivision, Unit 3,
(19 R. M. 12); and
WHEREAS, the sliver portion of the existing pedestrian easement (DN 88-04713)
shown on the said map proposed to be vacated is located inside on Lot 24 of said map, being
owned by Donald R. Ham and Sharon L. Ham, Trustees; and
WHEREAS, the new driveway, which is located mainly on the Lands of Glasser and
partially on the Lands of Ham, is intended for alternate public uses and access to the Clorinda
Open Space from Upper Toyon Drive; and
WHEREAS, the Department of Public Works and Community Development agreed to
the proposed relocation of the public access and pedestrian improvements and did approve the
improvement plan prepared by Lawrence P. Doyle, a licensed civil engineer; and
WHEREAS, the improvements have been completed; and
WHEREAS, the sliver portion of the existing pedestrian easement (DN 88-04712),
proposed for vacation as described in the Legal Description attached as Exhibit "A" and shown
on the Plat attached as Exhibit "B", located on Lot 24 of the aforementioned map, owned by
Donald R. Ham and Sharon L. Ham, Trustees, will be replaced by pedestrian easements being
accepted by the City of San Rafael on the Lands of Glasser and the Lands of Ham concurrently
herewith, and will no longer serve any present or prospective public purpose;
WHEREAS, the City Council finds that the proposed vacation of pedestrian easement is
exempt from the California Environmental Quality Act since there is no possibility that such
vacation will have a significant effect on the environment (CEQA Guidelines, Title 14,
California Code of Regulations, Section 15601(b)(3);
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. All the facts recited above are true and correct.
2. The City Council of San Rafael, pursuant to the California Streets and Highways
Code, Section 8333 and 8335 summarily vacates and abandons the sliver portion of
the existing pedestrian easement (DN 88-04713) on Lot 24, Map of Oakwood
Subdivision, Unit 3, (19 R.M. 12), as is more particularly described in the Legal
Description attached hereto as Exhibit "A" and shown on the Plat attached hereto as
Exhibit "B".
3. From and after the date this adopted Resolution is recorded, the pedestrian easement
described in the Legal Description attached hereto as Exhibit "A" and shown on the
Plat attached hereto as Exhibit "B" shall no longer constitute a public pedestrian
easement.
4. That the City Clerk be and is hereby directed to record a certified copy of this
Resolution in the Office of the County Recorder for Marin County.
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 21st day of December 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Levine
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ESTHER C. BEIRNE, City Clerk