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HomeMy WebLinkAboutCC Resolution 8875 (Baypoint Lagoons Unit 2)RESOLUTION NO. 8875 RESOLUTION OF INTENTION TO VACATE PORTION OF EXISTING EASEMENT FOR THE PURPOSE OF CON- STRUCTING, REPAIRING, MAINTAINING AND OPERA- TING A DIKE AND APPURTENANT DRAINAGE STRUC- TURES, WITH THE RIGHT OF INGRESS AND EGRESS - BAYPOINT LAGOONS UNIT TWO WHEREAS, it appears that a portion of the easement hereinafter described is unnecessary for present or prospective public use; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the City Council of the City of San Rafael, California, for and on behalf of the San Rafael Cayes Drainage Maintenance District, hereby elects to proceed under the PUBLIC SERVICE EASEMENTS VACATION LAW of the State of California; 2. That the City Council of the City of San Rafael, California, for and on behalf of the San Rafael Cayes Drainage Maintenance District, hereby declares its intention to close, vacate and abandon a portion of the easement hereinafter described; 3. That Monday, the 17th day of May, 1993, 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 vacation of a portion of said easement. 4. That the Department of Public Works of the City of San Rafael shall post conspicuously notices of easement vacation along the line of that portion of said easement proposed to be closed, abandoned and vacated, which notices shall be posted not more than three hundred feet apart, but at least three notices shall be posted as to each such portion of said easement proposed to be closed, abandoned and vacated. The said notice shall state the time and place of the hearing, as herein above provided, and the adoption of the within resolution of intention. 5. That portion of 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 or plan showing that portion of said easement proposed to be closed, abandoned and vacated, is on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. �RIGINAI r&75 RESOLUTION NO. 8 8 7 5 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 19th day of April, 1993, by the following vote, to wit: AYES: COUNCELMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEM. LEON NI, City Clerk 4�� 0 OBERKAMPER 8 ASSOCIATES March 30, 1993 CIVIL ENGINEERS, JC. _ Job No. 114-92 Ei LEGAL DESCRIPTION Portion 1935 OR 11 to be "Quit Claimed" San Rafael, California Real property situate in the City of San Rafael, County of Marin, State of California, described as follows: The portion of that certain easement for construction, repairing, maintaining and operating a dike, granted in deed by San Rafael Cayes, Inc., to the City of San Rafael, recorded in Book 1935 of Official Records at Page 11 , Marin County Records; lying within Parcel "O" as shown on the "Map of Baypoint Lagoons Unit One", filed for record in Book 20 of Maps at Page 81, Marin County Records: Commencing at a point on the easterly boundary of Block 30, "Map of East San Rafael", filed in Book 2 of Maps at Page 109, Marin County Records, said point being North 2003' West, 0.84 feet from the intersection of the two courses "North 18152' West, 224 feet" and "North 2103' West, 675.9 feet" as shown on said Map (2 RM 109) ; thence leaving said easterly boundary (2 RM 109) along the northerly boundary of said easement (1935 OR 11) North 79125' East, 1326.77 feet and North 73030' East to a point on the southerly boundary of said Parcel "O" (20 RM 81 ) said point being the True Point of Beginning; thence leaving said southerly boundary of said Parcel "O" (20 RM 81) and continuing along the northerly boundary of said easement (1935 OR 11) North 73030' East to a point on the boundary of said Parcel "O" (20 RM 81) ; thence along the boundary of said Parcel "O" (20 RM 81) , South 12129'57" East and South 79025' West to the True Point of Beginning. ATC: CS °mLmZrno �y� lz 0 to