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HomeMy WebLinkAboutCC Resolution 11919 (Bellam Subdivision Utilities Easement)RESOLUTION NO. 11919 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF AN EXISTING 5' PUBLIC UTILITIES EASEMENT ON THE EASTERLY LINE OF LOT 1, AS SHOWN IN BOOK 5 OF SURVEY AT PAGE 48, ENTITLED "RECORD OF SURVEY, MAP OF PORTION OF REVERSION TO ACREAGE MAP AND PORTION OF BELLAM SUBDIVISION, NO. 1". WHEREAS, there exits a 5' wide Public Utilities Easement (P.U.E.) along the easterly line of Lot 1, as shown in Book 5 of Survey at page 48, entitled "Record of Survey, Map of Portion of Reversion to Acreage Map and Portion of Bellam Subdivision, No. 1" filed on June, 15, 1966, at the Office of the County Recorder of Marin County; and WHEREAS, the owner of this parcel, on the northeasterly corner of Francisco Boulevard and Castro Street, is also the owner of the other four adjacent and contiguous parcels; and WHEREAS, the owner has an application currently pending in the Community Development Department for the development of a new car dealership facility on these parcels, which proposed facility will be partially located over the said 5' wide P.U.E.; and WHEREAS, the owner, through his representative, has requested that the City vacate said P.U.E.; and WHEREAS, the City has not used this P.U.E. for any purpose and there is no reasonable expectation that the City will have any future need of this P.U.E. in the foreseeable future; and WHEREAS, all respective public utility companies have been contacted and those utility companies have indicated that, in the past five years, they have not used this P.U.E. for any of the purposes for which the P.U.E. was created; and WHEREAS, all respective public utility companies have been contacted and those utility companies have indicated that they do not have any utility facilities currently existing in the P.U.E., they have no current need of the P.U.E., they have no reasonable expectation of any need for the P.U.E. in the foreseeable future and they have no objection to the City's vacation of the P.U.E.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: l .The City Council finds that all of the above -stated facts are true and correct and, further the City Council specifically finds that the P.U.E. has not been used for the purpose for which it was dedicated or acquired for five consecutive years prior to the date of this proposed vacation (Streets and Highways Code section 8333); 2. The City Council of the City of San Rafael, pursuant to Streets and Highways Code sections 8333 and 8335, summarily vacates and abandons that P.U.E., as is more particularly described in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein. 3. From and after the date of this adopted Resolution and upon recordation of this Resolution at the Office of the County Recorder, the P.U.E. described in Exhibit "A" and depicted in Exhibit "B" shall no longer constitute a public utilities easement. 4.That the City Clerk be and is hereby ordered to record a certified copy of this Resolution in the Office of the County Recorder for Marin County. I, JEANNE M. LEONCM, 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 6"' day of March, 2006, by the following vote, to wit: AYES: COUNCIL.MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINf, Cit; Clerk- File lerk File No.: 09.06.58 EXHIBIT A LEGAL DESCRIPTION LOT 1, 13 RM 3 5 -FOOT PUBLIC UTILITY EASEMENT (P.U.E.) ABANDONMENT The 5 -foot P.U.E. located within Lot 1 as said P.U.E. and Lot 1 are shown upon the Map of Bellam Subdivision No. 1, San Rafael, California recorded in Volume 3 of Record Maps at Page 3, Marin County Records. Said P.U.E. extends northwesterly from the northwesterly line of a 12.5 -foot P.U.E. shown within said Lot 1 to the northerly line of said Lot 1. Prepared By: ILS Associates, Inc. ALSt'llwartz, C.E. Job No. 7725 2/1/2006 Q pF ES S/ON t0 .\)IS Sc 9l No. 18221 � z Cr N m Exp. 6-30-07 -'on r " . ILS ASSOCIAI , S, INC. ° Cavil Engineering & Land Surveying 79 Galli Drive, Suite A Novato, Co. 94949-5717 (415)883-9200 FAX (415)883-2763 EXHIBIT 'B .1.1 LOT 1, 13 RM 3 5' PURL /C EASEMENT (P. U. E.) ABANDA MEN T ,o� 561,1 561, 1 JOB 1075 EAST FRANCISCO BLVD. JOB NO. 7725 SHEET NO. 1 OF 1 DESIGN BY JK DATE 1/31/2006 CHECKED BY DATE SCALE 1 "=30' LOT I A.P.N. 9-191-10 5' P. U. E. TO BE ABANDONED k V/1/V//VlIL LV/ L//VL FE Q�q j S S 'la, 5' D. E. F N.1 2' 20z U EN rn xp. -07 "' =o ,