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HomeMy WebLinkAboutCC Resolution 11078 (Davidson Drainage Easement)RESOLUTION NO. 11078 RESOLUTION OF THE COUP CIL OF THE CITY OF SAN RAFAEL TO SUMMARILY VACATE AN EXISTING DRAINAGE EASEMENT ON DAVIDSON SCHOOL'S PROPERTY AT 280 WOODLAND AVENUE. (APN: 13-071-44) WHEREAS, the San Rafael City School District did grant the City of San Rafael a Grant Deed of Easement for the Construction and Maintenance of Storm Drain on the Davidson School's property, prior to the construction of the "Woodland Avenues Storm Drainage Improvements"; and WHEREAS, the City Council on April 2, 2001, at its regular meeting did accept the said easement, and that Grant of Easement for Construction and Maintenance of Storm Drain was recorded at the Marin County Recorder's Office on April 9, 2001; and WHEREAS, the final storm drain alignment of the new pipe was revised to avoid possible conflicts with the Davidson School's plan for future expansion and improvements; and WHEREAS, the San Rafael City School District did provide the City of San Rafael a new Grant of Easement that reflected the exact location of the storm drain on the school's property; and WHEREAS, the new drainage easement is accepted by the City Council, the previous easement, recorded on April 9, 2001, has never been used since its acquisition, and the City determined that it is unnecessary for present or prospective public use. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. All the facts recited above are true and correct. 2. The City Council of the City of San Rafael, California, pursuant to Streets and Highways Code, Sections 8333 and 8335 summarily vacates and abandons the public service easement for storm drain purposes, as is more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein. From and after the date this adopted Resolution is recorded, the public service easement described in Exhibit "A" shall no longer constitute a public service 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 TNI. LEONCINI, 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°i day of May, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk File No.: 08.02.212 EXHIBIT "A" A strip of land 15.00 feet in width, lying 7.50 feet on both sides of the following described line; Beginning at a point on the southwesterly line of Jordan Street, as shown on the map of Smith Brothers Subdivision, recorded September 14, 1956, in Volume 9 of Maps at Page 59, Marin County Records, said point being N 54 33'00"W 243.46 feet from the southeasterly terminus of the course call S54 33' E 772.008' on said map; Thence leaving said southwesterly line of Jordan Street, S 35 27'00"W 81.94 feet; Thence N 89 04'00"W 432.13 feet; Thence S 28 06'00"W 256.00 feet; Thence N 81 54'00"W 126.50 more or less, to the easterly line of Lindaro Street, and the termination of this easement GRAPHIC SCALE 0 100 200 I inch = 200 & MONUMENT <0 �G F POB MONUMENT is �t S35'27'00"W i `" 81.94' F - w w 3 N 0 o Z r� LO 0 Z --3 2 NNc\DAVIDSON JR. HIGHN81'54'00"W SCHOOL126:50S28-06'00"W 256.00 _ _ -Z 15' WIDE STORM DRAIN EASEMENT TO BE CLOSED, ABANDONED AND VACATED CSWSCALE= 1" =200' CSW/STUBER-STROEH 01/08/01 1 JOB# 461012-G St]2 ENGINEERING GROUP, INC. CITY OF SAN RAFAEL CONSULTING ENGINEERS 15' DRAINAGE EASEMENT 790 DeLong Ave., Novato, CA. 94945-3246 DAVIDSON JR. HIGH SCHOOL (415) 892-4763 FAX (415) 892-4502 - 0 2000 SAN RAFAEL MARIN COUNTY _ CALIFORNIA