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Home My WebLink AboutCC Resolution 14104 (Martens Blvd. Easement Vacation)CITY OF SAN RAFAEL RESOLUTION NO. 14104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE NOTICE OF INTENT FOR VACATION OF AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY EASEMENT AFFECTING 61, 67, 73 AND 81 MARTENS BLVD, APN 012-194-01, 012-194-12, 012-194-13, AND 012- 194-14, SAN RAFAEL CALIFORNIA WHEREAS, there exists a Public Utilities Easement (PUE) on 61, 67, and 81 Martens Boulevard as described on Book 2420 Pages 190 to 191, Book 3101 Pages 307- 308; and WHEREAS, the PUE is more particularly described in Exhibit A and shown in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, the vacation of the easement is requested by the owner of 81 Martens Boulevard, and supported by written statement by the affected property owners of 61, 67, and 73 Martens Boulevard; and WHEREAS, there is no known present or prospective public use; and WHEREAS, staff has provided written notice to utilities operating in the area on January 4, 2016 to identify any objections to the vacation of the three (3) foot public utility easement, and received no objections; WHEREAS, of the five (5) utilities notified, the City received four (4) responses indicating no objection to the easement vacation. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City Council of the City of San Rafael, California hereby elects to proceed under Section 8320 of the PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW of the State of California. 2. That the City Council of the City of San Rafael, California, hereby declares its intention to close, vacate and abandon the easement where described in Exhibit A. 3. That Monday, 16th day of May 2016, in the Council Chambers at the City Hall in the City of San Rafael, California is hereby set at the time and place for hearing all persons interested in the proposed closing, abandoning and vacation of said easement. 4. That the City Clerk and the Department of Public Works of the City of San Rafael shall mail to the affected property owners at 61, 67, 73 and 81 Martens Boulevard and shall cause the publishing and posting of a notice of easement vacation as to the easement proposed to be closed, abandoned and vacated, in the manner prescribed by Streets and Highways Code Sections 8320, 8322 and 8323.. The contents of said notice shall conform with the requirements of Streets and Highways Code Section 8320(b) and shall include the time and place of the hearing, as hereinabove provided, and the adoption of the within Resolution of Intention. 5. That said easement proposed to be closed, abandoned and vacated is described on Exhibit "A", which is attached hereto and incorporated herein by reference. 6. That a map showing said easement proposed to be closed, abandoned and vacated, is described on Exhibit `B, which is attached hereto and incorporated herein by reference. 7. That both description of said easement, Exhibit "A" and map of said easement, Exhibit "B", are on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. 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 18th day of April, 2016, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk EXHIBIT "A" DESCRIPTION OF 3' PUBLIC UTILTIES EASEMENT (PUE) TO BE VACATED A NON-EXLUSIVE easement appurtenant to parcels located at 61, 67, 73, & 81 Martens Boulevard for public utilities over, on or under a strip of land the uniform width of 3 feet lying westerly of and adjacent to the following described line; BEGINNING at a point which bears North 77°20' West 23.86 feet, North 89°20'West 59.63 feet, South 33°44'West 30.66 feet, South 5°16' East 91.45 feet, South 23°16' East 17.0 feet and North 80°00' East 75.52 feet from the Northwest corner of the property described in the Deed to Klotovich recorded December 2, 1946 in Book 533 of Official Records at page 459, Marin County Records; running thence northerly in a direct line to the above mentioned northwest corner of the property described in said Deed to Klotovich, et ux. Said easement also described and set forth in grant deed from Hickock to Face recorded in Book 2420 at Pages 190 and 191, Recorded on December 1, 1970, Marin County Records, and described and set forth in grant deed from Billinghurst to Peters, recorded in Book 3101 at Pages 307 and 308, Recorded on October 18, 1976, Marin County Records, and described and set forth in grant deed from Maffei to Maffei trust, recorded in Document no. 2007-0058193, Marin County Records. O N 89020'W 58.63' 61 MARTENS BOULEVARD APN 12-194-01 MARTENS B0(JLFVgRD S 89016E cy)79.62' 41, m 06 V � +ryry 67 MARTENS N BOULEVARD M APN 12-194-12 NOTE: THIS EXHIBIT HAS BEEN \ PREPARED FOR GRAPHICAL PURPOSES ONLY AND IT NOT TO SCALE. ANY ERRORS OR CONTAINED ON THIS EXHIBIT WILL LOT AFFECT THE DESCRIPTION. APRIL 2016 N 1j02p� z A 81 MARTENS s 80.E BOULEVARD 82.52' APN ` 12-194-12 73 MARTENS BOULEVARD \T;%ft APN 12-194-13 yop EXHIBIT "B" PUBLIC UTILITY EASEMENT TO BE VACATED AFFECTING 61,67, 73, & 81 MARTENS BOULEVARD (APNs 12-194-01,12-194-12, Z 12-194-13, & 12-194-14)