HomeMy WebLinkAboutCC Resolution 10213 (Vacate Drainage Easements)RESOLUTION NO. 10213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DECLARING ITS INTENT TO CLOSE,
ABANDON AND VACATE A CERTAIN DRAINAGE SYSTEM
ON THE AFFECTED PROPERTIES LOCATED ON THE EAST
SIDE OF PARK STREET BETWEEN JEWELL STREET AND
MISSION AVENUE AS SPECIFIED ON THE ASSESSORS
PARCEL MAPS OF MARIN COUNTY
WHEREAS, the original developers of Park Street built over a natural drainage
creek and installed drainage facilities to carry the runoff which had been carried by the creek to
facilitate their construction; and
WHEREAS, in March, 1998, the City completed the installation of a new
drainage system under the roadway of Park St. within the City right-of-way to carry the storm
drain runoff from the Happy Valley Drainage Basin; and
WHEREAS, as a result of this new construction, the existing
private drainage system no longer serves any present or prospective public purpose.
follows:
NOW, THEREFORE, the City Council of the City of San Rafael resolves as
1. That the City of San Rafael intends to declare that the private drainage system
located on the east side of Park Street from Jewell Street to Mission Avenue and Belle Avenue is
unnecessary for present or prospective public use; and
2. That the City of San Rafael intends to order closed, abandoned and vacated
under Section 8333(c) of the Streets and Highways Code of the State of California, that drainage
easement, if any, acquired by prescription or dedication as described in Paragraph (1) above, and
as is more particularly described in Exhibit "A"; and
3. That the City Council of the City of San Rafael shall conduct a public
hearing no sooner than fifteen (15) days after the adoption of this Resolution of Intent to Vacate
Easement, to hear evidence on whether the drainage easement shown in Exhibit "A" is
unnecessary for present or prospective purpose and said hearing shall be posted and noticed
according to the provisions of the Streets and Highways Code; and
4. That Monday, the 15th day of June, 1998, at 8:00 o'clock P.M., in the
Council Chambers at the City Hall in the City of San Rafael, California, is hereby set as the time
and place for hearing all persons interested in the proposed closing, abandoning and vacating of
said easement.
I, JEANNE M. LEONCINI, 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 18th day of May, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: COHEN, HELLER, PHILLIPS AND MAYOR BORO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MILLER
JEANNE M. LEONCINI,City Clerk
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EXHIBIT A