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Home My WebLink AboutCC Resolution 10326 (Terrace Lane)RESOLUTION NO. 10326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF A PUBLIC PEDESTRIAN EASEMENT OVER THE PROPERTY COMMONLY KNOWN AS "TERRACE LANE", SAN RAFAEL, MARIN COUNTY WHEREAS, the City is authorized by Section 11 of the City Charter to acquire property interests by eminent domain for a public purpose, and is authorized by Section 18 of the City Charter to establish public rights of way, and by Government Code Sections 37350.5 and 40404 to acquire property interests by eminent domain for public purposes including establishing pedestrian rights of way; and, WHEREAS, the environmental impact report for the Oakwood subdivision identified the provision of pedestrian easements across private roadways as mitigation for the potential loss of open space as a result of the subdivision; nevertheless, such a pedestrian easement was not provided across Terrace Lane on the final subdivision map; and, WHEREAS, the City is undertaking the Terrace Lane Public Pedestrian Easement Acquisition Project (the "Project") for the purpose of providing pedestrian and non -motorized conveyance (bicycle) access between the existing public streets known as Spring Grove Avenue and Terrace Avenue and public open space maintained by the City; and, WHEREAS, in order to undertake the Project, it is necessary for the City to acquire easements burdening property that is currently privately owned, which easements are described in more detail in the attached Exhibit A, incorporated by this reference (referred to herein as the "Easements"); and, WHEREAS, City staff has presented a staff report in connection with consideration of this resolution which discusses the planning background of the Project, the need for the Project, the need to acquire easement interests for the Project, and setting forth the fact that offers to purchase the Easements were made to the owners of the property to be burdened by the Easements pursuant to Government Code Section 7267.2; and, WHEREAS, after providing notice in the manner specified in Code of Civil Procedure Section 1245.235, the City held a hearing at which the persons whose property would be burdened by the Easements is to be acquired pursuant to this resolution, and whose names and addresses appear on the last equalized county assessment roll, and others with an interest in the Easements had an opportunity to appear and be heard on the matters referred to in Code of Civil Procedure Section 1240.030; and 141\12\115041.5 WHEREAS, the Project has been the subject of environmental review by the City at the time of the hearing on this resolution, incorporated by this reference, specifically by approval of a Negative Declaration finding that the Project has no significant environmental impacts; NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: Section 1. The City hereby finds that (a) The public interest and necessity require the Project, as set forth in the staff report, in that the Project will implement the goals of providing pedestrian and bicycle access for transportation purposes between the existing Spring Grove Avenue and Terrace Avenue and open space maintained by the City. (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury in that the City has studied a number of alternative proposals to implement the goals of providing public pedestrian access between Spring Grove Avenue and Terrace Avenue and the open space maintained by the City, and after such study has determined that the Project should be implemented, and that the Project is designed in a manner which minimizes the acquisition of or interference with private property by minimizing the number of properties to be subjected to acquisition as a result of the development of the Project because the only alternative to acquisition of the Easements would be a very burdensome acquisition in fee of a pedestrian lane over existing residential properties. (c) The Project could not go forward without the Easements since the Easements provide the contemplated access and are therefore necessary for the Project. (d) Offers to the owners of the Property over which the Easements would be located as described in Exhibit A have been made in the manner required by Government Code Section 7267.2, to the owners of that property whose names appear on the last equalized county assessment roll. Section 2. The City Attorney is authorized and directed to file actions or retain special counsel to file actions on behalf of the City to acquire the Easements described in Exhibit A to this resolution and take all steps necessary to prosecute those actions to completion. Section 3. This Resolution shall take immediate effect from and after its passage and approval. 141\12\115041.5 2 I, JEANNE M. LEONCINI, City 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 City Council held on the 19th day of October, 1998, by the following vote: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None S& . JEAM. LEONCINI City Clerk 141\12\115041.5 3 An easement for a trail for public pedestrian use and public non -motorized conveyance use, and a related easement for ingress and egress thereto for construction, maintenance and repair of such trail, as necessary, across the following parcels: Easement Parcel No. 1: Being an easement of uniform width of five (5) feet running parallel to and northerly of the centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public Utilities Easement)", as shown on Lot 39 of that certain Map entitled "Map of Oakwood Units No. 4 & 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and containing 750 square feet, more or less. _'19- - now Being an easement of uniform width of five (5) feet running parallel to and northerly of the centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public Utilities Easement)", as shown on Lot 40 of that certain Map entitled "Map of Oakwood Units No. 4 & 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and containing 800 square feet, more or less. Easement Parcel No. 3: Being an easement of uniform width of fifteen (15) feet running parallel to and southerly of the centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public Utilities Easement)", as shown on Lot 41 of that certain entitled "Map of Oakwood Units No. 4 & 5", filed for record in Volume 19 of Maps at Page 13, Marin County Records, and containing 6,800 square feet, more or less. Being an easemnni centerline of the priva Utilities Easement)", as Resubdivision of Lots 29, width of fifteen (15) feet f -Way describ of that Maps, at page 13, an Rafael, County ofm%% 7, 1987, in a 23 of Parcel Maps, at Page 84, Marin sq , more or less. o and westerly of the ice Lane (A Private Lane and Public certain Map entitled "Parcel Map, I Units 4 & 5", filed in Volume 19 of e of California, filed for record July ds, and containing 2240 Exhibit "A" < o �5 ,Rho; �o��li 'o �'2. a z�so8 k a- aae v �Y;a9 g a- 2 6 �' o 0 0 O Y = O O o � o io o nY�O <i o C%l CID M0 % 0 cp z� Oti uSS z oti -- �z x d 3 ¢ �z o = QO 0 oL Q W z �z W a m ul u1 Q o m QU m � Q O J� n U n o < c CN N 0 O z K F a 79000 � ul a O J 2 ar,NomLull~