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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 1 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. 2 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