HomeMy WebLinkAboutCC Resolution 12601 (Storm Water Drainage Easement)RESOLUTION NO. 12601
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING SUMMARY VACATION OF AN EXISTING PUBLIC
SERVICE EASEMENT FOR STORM WATER DRAINAGE, LOCATED
AT THE REAR OF THE PROPERTIES IN THE BLOCK BOUNDED BY
"C" STREET, "D" STREET, ANTONETTE AVENUE AND SAN RAFAEL
AVENUE, DOWNSTREAM FROM THE EXISTING CATCH -BASIN ON
THE NORTH SIDE OF ANTONETTE AVENUE, FRONTING 201 C
STREET, TO THE EXISTING CATCH -BASIN ON THE SOUTH SIDE OF
SAN RAFAEL AVENUE, EAST OF 11 SAN RAFAEL AVENUE,
PURSUANT TO SUMMARY VACATION AND ABANDONMENT
PROCEDURES.
WHEREAS, over many years, property owners in the block bounded by "C" and "D"
Streets, between Antonette Avenue on the South and San Rafael Avenue on the North, have
constructed improvements (patios, outbuildings, etc.) over a natural drainage ditch running along
the rear of their properties and a few have installed drainage facilities in the ditch to carry storm
water drainage under their constructed improvements; and
WHEREAS, o n July 13, 1937, the City obtai ned the following drainage easements
covering a few but not all of the properties burdened by the storm water drainage ditch: 341
Official Records 470 and 341 Official Records 471, which affect APN 12-223-39/40 (116 /118
Antonette Avenue) and APN-223-14/15 (209/201 C Street), respectively; and
WHEREAS, due to its possible maintenance activities and possible use of the drainage
ditch for removal of other City storm water drainage, the City may have obtained prescriptive
rights to the entire drainage ditch as a public service easement for storm water drainage; and
WHEREAS, the public service easement for storm water drainage both formally
dedicated and prescriptively obtained, located in the rear of the properties in the block bounded
by "C" Street, Antonette Avenue, "D" Street and San Rafael Avenue in the City of San Rafael,
downstream from the existing catch -basin on the North side of Antonette Avenue, fronting 201 C
Street, to the existing catch -basin on the South side of San Rafael Avenue, east of 11 San Rafael
Avenue is more particularly described and depicted in Exhibit "A" attached hereto and
incorporated herein as if fully set forth, and
WHEREAS, in June 2006, a section of existing pipe located within one of the drainage
easements formally granted to the City, collapsed in the yard of 116/118 Antonette Avenue and
was subsequently repaired; and
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WHEREAS, after an evaluation of the entire storm water drainage ditch at the rear of the
properties on this block, the Department of Public Works determined to re-route the storm water
drainage system away from the rear of the properties and into the public street and existing storm
water drainage system; and
WHEREAS, in order to re-route this storm water drainage system, the Department of
Public Works prepared and informally bid a storm drainage project entitled "C Street and
Antonette Avenue Storm Drainage Improvements, which re-routed the storm water drainage to
an existing drainage system on C Street, bypassing the drainage system in the rear of the
properties in this City block; and
WHEREAS, as a result of the completion of these improvements, the existing public
service easement for storm water drainage in the rear of the properties in this City block no
longer serves any present or prospective public purpose; and
WHEREAS, the Department of Public Works records did not discover any other
recorded storm water drainage easements or agreements related to the drainage system in this
City block; and
WHEREAS, there are no public facilities existing in the said public service easement for
storm water drainage which is to be summarily vacated.
NOW, THEREFORE, the City Council of the City of San Rafael hereby resolves as
follows:
1. That all of the above -recited facts are true and correct.
2. That the City Council vacates this public service easement pursuant to the
provisions of Chapter 4, Part 3 of the California Streets and Ilighways Code (section 8330 et
seq.).
3. That this summary vacation is consistent with the City's General Plan policy
because the vacation completes the improvement of the storm water drainage system in this
location consistent with GP policy AW -8c which encourages improvements to the City's storm
water drainage system.
4. That the existing public service easement, both formally dedicated and
prescriptively obtained, for storm water drainage, located in the rear of the properties in the block
bounded by "C" Street, Antonette Avenue, "D" Street and San Rafael Avenue in the City of San
Rafael, downstream from the existing catch -basin on the North side of Antonette Avenue,
fronting 201 C Street, to the existing catch -basin on the South side of San Rafael Avenue, east of
11 San Rafael Avenue, as depicted in Exhibit "A" attached hereto and incorporated herein, has
been superseded by relocation and there are no public facilities located within said easement.
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5. That the subject public service easement for storm water drainage in this City
block is hereby ordered closed, abandoned, and vacated because it no longer serves any present
or prospective public purpose.
6. That from and after the date of the recordation of this Resolution of Vacation of
Easement, 341 Official Records 470, 341 Official Records 471 and any other drainage
easements, whether obtained by agreement, by grant or by prescription, which comprise this
public service easement for storm water drainage in the rear of the properties located in the
above -referenced City block, shall no longer constitute a public service easement.
7. That the City Clerk is directed to record a certified copy of this Resolution of
Vacation with the Recorder of the County of Marin.
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 regular meeting of the Council of
said City on Monday, the 6 I day of October, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Brockbank, Connolly, Heller, Miller & Mayor Boro
None
None
W
ESTHER C. BEIRNE, City Clerk
RECORDING REQUESTED, AND
WHEN RECORDED, RETURN TO:
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
API iE
ROC
OCT1. 0 200
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Certified Copy of Resolution No. 12601
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY
VACATION OF AN EXISTING PUBLIC SERVICE EASEMENT FOR STORM WATER DRAINAGE,
LOCATED AT THE REAR OF THE PROPERTIES IN THE BLOCK BOUNDED BY "C " STREET, "D"
STREET, ANTONETTE AVENUE AND SAN RAFAEL AVENUE, DOWNSTREAM FROM THE
EXISTING CATCH -BASIN ON THE NORTH SIDE OF ANTONETTE AVENUE, FRONTING 201 C
STREET, TO THE EXISTING CATCH -BASIN ON THE SOUTH SIDE OF SAN RAFAEL AVENUE,
EAST OF 11 SAN RAFAEL AVENUE, PURSUANT TO SUMMARY VACATION AND ABANDONMENT
PROCEDURES