HomeMy WebLinkAboutCC Resolution 9301 (Abandoning Easement ay Bayview Tract)When recorded mail to:
City of San Rafael
Jeanne M. Leoncini, City Clerk
P. O. Box 151560
San Rafael, CA 94915-1560
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95-007647'1 Rec Fee
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Recorded I
Official Records I
County of I
MARIN I
JOAN C THAYER I
Recorder I
9:46am 14 -Feb -95 I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 9301
A RESOLUTION ORDERING THE CLOSING, ABANDONING
AND VACATING OF TWO EXISTING EASEMENT LANES -
BAYVIEW TRACT SUBDIVISION NO. 1
WHEREAS, the City Council of the City of San Rafael, on the 19th day of
December 1994, adopted Resolution No. 9271 entitled "Resolution of Intention to
vacation two existing easement lanes - Bayview TYact Subdivision No. 1"; and
WHEREAS, said Resolution was posted as required by law; and
WHEREAS, the Department of Public Works, of the City of San Rafael,
California, conspicuously posted notices of easement vacation as required by law; and
WHEREAS, a hearing was held this day as required by law and said
Resolution No. 9271, at which hearing the Council of the City of San Rafael heard
evidence offered by persons interested; and
WHEREAS, it appears from all evidence submitted that the following
described easement lanes are unnecessary for present or prospective public use; and
WHEREAS, the vacations shall preserve the rights of Pacific Gas and
Electric Company as follows:
"Excepting and Reserving therefrom pursuant to the provisions of Section 8340
of the Street and Highways Code for the benefit of Pacific Gas and Electric
Company, the permanent easement and the right from time to time to
construct, reconstruct, maintain, operate, replace, remove, repair, renew and
enlarge lines of wires, poles, electrical conductors and other convenient
structures, equipment and fixtures for the operation of electric facilities,
including access, and also the rights to: trim and cut trees and brush that may
be a hazard to the facilities; keep the property free from inflammable materials;
and prevent any building or structure within ten (10) feet of the center line of
said facilities."
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RESOLUTION NO. 9301
WHEREAS, the vacations shall preserve the rights of Pacific Bell as
follows:
"EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE
PROVISIONS OF Section 8340 of the Street and Highways Code and for the
benefit of Pacific Bell, the permanent easement and the right at any time or
from time to time to construct, maintain, operate,
replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles
and other convenient structures, equipment and fixtures for the operation of
telegraphic and telephone lines and other communication facilities, including
access and the right to keep the property free from inflammable materials and
wood growth, and otherwise protect the same from all hazards, in, upon, over
and across that portion of facilities abandoned."
WHEREAS, the vacations shall_ not affect the rights of any existing private
use of the lanes by private parties.
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. That the following described easement areas are unnecessary for
present or prospective public use:
2. That the following described easement areas are hereby ordered
closed, abandoned and vacated:
3. That the easement areas closed, abandoned and vacated are
described on Exhibit "A" which is attached hereto and incorporated herein by
reference.
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 6th day of February, 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
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JE E M. LEONCINI, City Clerk
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EXHIBIT "A"
DESCRIPTION
All that certain real property situate in the City of San Rafael, County of Marin, State of California,
described as follows:
THAT CERTAIN Lane 4 feet in width lying between Lots 15 and 16, as shown on the map
entitled, 'Bay View Tract, Subdivision 1", filed July 3, 1913 in Book 4 of Maps at Page 46, Marin
County Records.
DESCRIPTION
All that certain real property situate in the City of San Rafael, County of Marin, State of California,
described as follows:
THAT CERTAIN Lane 4 feet in width lying between Lots 35 and 36, as shown on the map
entitled, 'Bay View Tract, Subdivision I", filed July 3, 1913 in Book 4 of Maps at Page 46, Marin
County Records.
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4 FOOT WIDE EASEMENT
LANES TO BE VACATED