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Home My WebLink AboutPW Rice Drive Property Conveyances____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-12-6 x 245 Council Meeting: 12/04/2017 Disposition: Resolutions 14422 / 14423 / 14424 Agenda Item No: 5.d Meeting Date: December 4, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin Public Works Director City Manager Approval: ______________ TOPIC: RICE DRIVE PROPERTY CONVEYANCES SUBJECT: a. RESOLUTION APPROVING A GRANT OF PUBLIC SANITARY SEWER EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT ON PROPERTIES DESIGNATED AS ASSESSOR’S PARCELS NO. 013-041-52, -55 (RICE DRIVE), AND ASSESSOR’S PARCEL NO. 013-041-44 b. RESOLUTION APPROVING A GRANT OF REAL PROPERTY DESIGNATED AS ASSESSOR’S PARCEL NOS. 013-041-52, -55 (RICE DRIVE) TO THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) c. RESOLUTION APPROVING A GRANT OF REAL PROPERTY DESIGNATED AS ASSESSOR’S PARCEL NO. 013-041-44 TO THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) RECOMMENDATION: Staff recommends that the San Rafael City Council adopt the three attached resolutions. BACKGROUND: The Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service, and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown San Rafael. SMART is now pursuing the construction of the rail line from Downtown San Rafael to Larkspur Landing. The original rail alignment south of Second Street has a total of six at-grade crossings, at Third Street, Second Street, Francisco Blvd. West near Second Street, Irwin Street at Francisco Blvd. West, Rice Drive, and Andersen Drive. At-grade crossings at which rail and vehicle interactions occur pose increased safety risks and are disfavored; therefore the City of San Rafael and SMART have been working for several years on a plan to eliminate the at-grade crossings at Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad tracks. The removal of two rail crossings would greatly improve safety for vehicles, pedestrians, cyclists and rail travel. The City and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 SMART memorialized its agreements concerning this realignment in a Memorandum of Understanding (MOU). SMART has developed preliminary plans for the realignment of Francisco Blvd. West, proposing to move SMART’s double tracks as close to Highway 101 as possible and the roadway further south, to eliminate the two crossings noted above. The realignment plan includes a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West. Attachment 5 shows the existing rights of way and property ownership interests around Rice Drive. Realigning the roadway and the railroad tracks will require several property transfers between different owners, both private and public. SMART has taken the lead in working with impacted property owners to secure the necessary right of way for both the new roadway and the new railroad tracks. Three of the parcels involved in these transfers are owned by the City of San Rafael. Two parcels represent the property underlying a portion of Rice Drive (Assessor’s Parcel Nos. 013-041-52, -55), and the other is a parcel acquired by the City as the successor to the now-defunct San Rafael Redevelopment Agency (Assessor’s Parcel No. 013-041-44). The City-owned parcels are shown in Attachment 4. ANALYSIS: Attachment 6 shows the planned road and rail realignment around Rice Drive where the new rail alignment transitions to its present right of way. In order to accommodate this change, SMART has requested that the required land transfers occur in two phases. In the first phase, SMART requests the City to transfer its parcels to SMART, for SMART to place in an escrow. The adjacent private property owner will also place certain private property into the escrow. SMART will obtain permission to enter the private property to build the new roadway and railroad tracks, and then, as a second phase, the properties will be conveyed out of escrow so that SMART will own the property underlying the railroad tracks, the City will own the property underlying the new roadway, and the private property owner will own the remainder of the property. SMART has advised the City that its realignment plan requires the first phase of land transfers, from the City to SMART, to occur at this time. In connection with the requested transfers, Staff recommends that the City Council should take three actions, as set forth below: 1. The Sanitary Sewer Easement (Attachment 1): The City agreed in the MOU to request that public utilities with facilities on or under Rice Drive relocate those facilities to the newly aligned Rice Drive. The affected utilities are PG&E and the San Rafael Sanitation District (SRSD). In May 2017 the City of San Rafael formally notified the utilities of the change in the right of way and the need to relocate, and the City and SMART have been working with the utilities regarding the realignment. It now appears that it will be possible for SRSD to leave its facilities in place with the installation of some additional protective sleeving. This will cost SRSD substantially less than relocating its facilities. Accordingly, Staff recommends that prior to transferring the City parcels to SMART, the City should grant SRSD public sanitary sewer easements to operate and maintain its existing facilities on those parcels. Attachment 1 is a resolution approving the grant of public sanitary sewer easements on Assessor’s Parcel Nos. 013-041-52, -55 and Assessor’s Parcel No. 013-041-44 to the San Rafael Sanitation District. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 2. Conveyance of Rice Drive Parcel to SMART (Attachment 2): PG&E has a franchise to use the City’s streets, including Rice Drive, for gas and electric facilities. Until such time as the new alignment of Rice Drive has been completed, the City will need to maintain the existing Rice Drive for both public street and utility (PG&E) purposes. Therefore, Staff recommends that in granting the Rice Drive parcels (Assessor’s Parcel Nos. 013-041-52, -55) to SMART, the City Council should reserve a right of way for public street and utility purposes. Once the new roadway is open, the City will formally vacate the old right of way. Attachment 2 is a resolution approving the grant of Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive) to SMART, reserving the public roadway and utility easement. 3. Conveyance of former Redevelopment Agency Parcel to SMART (Attachment 3): Attachment 3 is a resolution approving the grant of Assessor’s Parcel No. 013-041-44 to SMART. FISCAL IMPACT: Staff does not anticipate any fiscal impact associated with this action. PUBLIC OUTREACH The realignment of Francisco Blvd. West has been presented to the San Rafael City Council on several occasions and has been presented to the Bicycle Pedestrian Advisory Committee on several occasions. OPTIONS: The City Council has the following options: 1. Adopt the resolutions as proposed; 2. Do not approve the grant of easements to SRSD, but proceed to grant the City parcels to SMART; 3. Continue the matter and direct staff to return with more information. RECOMMENDED ACTION: 1. Adopt the Resolution approving the grant of Sanitary Sewer Easements to the San Rafael Sanitation District; 2. Adopt the Resolution approving the grant of Assessor’s Parcel Nos. 013-041-52, -55 to SMART, reserving to the City a temporary right of way for public street and utility purposes; 3. Adopt the Resolution approving the grant of Assessor’s Parcel No. 013-041-44 to SMART. ATTACHMENTS: 1. Resolution Approving a Grant of Sanitary Sewer Easements to the San Rafael Sanitation District 2. Resolution Approving a Grant of Real Property Designated as Assessor’s Parcel Nos. 013-041- 52, -55 to SMART 3. Resolution Approving a Grant of Real Property Designated as Assessor’s Parcel No. 013-041- 44 to SMART 4. Plat of City parcels 5. Existing Rights of Way 6. Proposed Right of Way 1 RESOLUTION NO. 14422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT OF PUBLIC SANITARY SEWER EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT ON PROPERTIES DESIGNATED AS ASSESSOR’S PARCELS NO. 013-041-52, -55 (RICE DRIVE), AND ASSESSOR’S PARCEL NO. 013-041-44 WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service, and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown San Rafael; and WHEREAS, SMART is now pursuing the construction of the rail line from Downtown San Rafael to Larkspur Landing (the “Larkspur Extension”); and WHEREAS, the original rail alignment south of Second Street has a total of six at-grade crossings, at Third Street, Second Street, Francisco Blvd West near Second Street, Irwin Street at Francisco Blvd. West, Rice Drive, and Andersen Drive, and the City of San Rafael and SMART have been working for several years on a plan to eliminate the at-grade crossings at Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad tracks; and WHEREAS, SMART has developed plans for the realignment of Francisco Blvd. West, proposing to move SMART’s double tracks as close to Highway 101 as possible and the roadway further south, to eliminate the two crossings noted above. The realignment plan includes a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West; and WHEREAS, the proposed realignment of the roadway and the railroad tracks will require several property transfers between different owners, both private and public, including the conveyance of City-owned parcels designated as Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive) and Assessor’s Parcel No. 013-041-44, from the City to SMART; and WHEREAS, by agreement with SMART, in May 2017 the City formally notified the local utilities with facilities on, under or over Rice Drive, PG&E and the San Rafael Sanitation District, of the realignment of Rice Drive and the need to relocate their facilities, and the City and SMART have been working with the utilities regarding the relocation; and WHEREAS, it now appears that it will be possible for the San Rafael Sanitation District to leave its facilities in place, with the installation of some additional protective sleeving; and WHEREAS, a grant by the City of San Rafael to the San Rafael Sanitation District of a public sanitary sewer easement over the City-owned parcels will permit the San Rafael Sanitation District to leave its facilities in their present location, and therefore will facilitate the Francisco Blvd. West roadway and rail line realignment needed for SMART’s Larkspur Extension; and 2 WHEREAS, City Council finds that the grant of easements approved herein is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, as it comes under the Class 1 (15301[c]) categorical exemption for a minor alteration of existing structures or facilities (14 Cal. Code Regs. Section 15301). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby approves and authorizes the Mayor or City Manager to execute a deed granting to the San Rafael Sanitation District a perpetual easement for public sanitary sewer purposes over Assessor’s Parcel Nos. 013-041-52, - 55 (Rice Drive) and Assessor’s Parcel No. 013-041-44, in a form approved by the City Attorney. 2. The City Clerk is authorized and directed to record the executed deed in the Office of the Marin County Recorder. 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 the 4th day of December 2017, 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 1 RESOLUTION NO. 14423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT OF REAL PROPERTY DESIGNATED AS ASSESSOR’S PARCEL NOS. 013-041-52, -55 (RICE DRIVE) TO THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service, and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown San Rafael; and WHEREAS, SMART is now pursuing the construction of the rail line from Downtown San Rafael to Larkspur Landing (the “Larkspur Extension”); and WHEREAS, the original rail alignment south of Second Street has a total of six at-grade crossings, at Third Street, Second Street, Francisco Blvd West near Second Street, Irwin Street at Francisco Blvd. West, Rice Drive, and Andersen Drive, and the City of San Rafael and SMART have been working for several years on a plan to eliminate the at-grade crossings at Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad tracks; and WHEREAS, SMART has developed plans for the realignment of Francisco Blvd. West, proposing to move SMART’s double tracks as close to Highway 101 as possible and the roadway further south, to eliminate the two crossings noted above. The realignment plan includes a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West; and WHEREAS, the proposed realignment of the roadway and the railroad tracks will require several property transfers between different owners, both private and public, including the conveyance of City-owned Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive) and another parcel from the City to SMART; and WHEREAS, as an even exchange for the conveyance of the City-owned property to SMART, SMART will at a later date convey to the City of San Rafael other parcels of real property required for the City’s use of the realigned Rice Drive for public street and utility purpose; and WHEREAS, the City of San Rafael will retain an easement for public street and utility purposes over Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive) until such time as the realigned Rice Drive is available to the City for public street and utility use, at which time the City will vacate the easement; and WHEREAS, the City Council finds that the grant of Assessor’s Parcel Nos. 013- 041-52, -55 (Rice Drive) to SMART as part of an exchange for other real property in the new location of Rice Drive will facilitate the Francisco Blvd. West roadway and rail line realignment needed for SMART’s Larkspur Extension, while preserving the City’s public street and utility needs, and will therefore be in the best interests of the City of San Rafael; and 2 WHEREAS, in 2006 SMART certified the Sonoma-Marin Area Rail Transit Project Final Environmental Impact Report that covered all of SMART’s activities along the rail line including the Larkspur Extension; and WHEREAS, the City Council finds that the grant of real property approved herein is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, because the relocation of Rice Drive for which the grant is being made will be in the same general area and will not expand roadway capacity, therefore it comes under the Class 2 (15302[c]) categorical exemption for replacement or reconstruction of existing structures or facilities involving negligible or no expansion of use (14 Cal. Code Regs. Section 15301). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby approves and authorizes the Mayor or City Manager to execute a deed, in a form to be approved by the City Attorney, granting to the Sonoma-Marin Area Rail Transit District (SMART) the fee title to the real property commonly known as Assessor’s Parcel Nos. 013-041-52, -55 (Rice Drive), reserving therefrom for the City of San Rafael an easement for public street and utility purposes. 2. The City Clerk is authorized and directed to record the executed deed in the Office of the Marin County Recorder. 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 the 4th day of December 2017, 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 Judy Arnold, Chair Marin County Board of Supervisors Barbara Pahre, Vice Chair Golden Gate Br idge, Highway/Transportation Distri ct Jim Eddie Golden Gate Bridge, Highway/Transportation District Debora Fudge Sonoma County Mayors and Councilmembers Association Madeline Kellner Transportation Authority of Marin Jake Mackenzie Sonoma Mayors and Councilmembers Association Stephanie Moulton-Peters Marin Council of Mayors and Councilmembers Gary Phillips Transportation Authority of Marin David Rabbitt Sonoma County Board of Supervisors Carol Russell Sonoma Mayors and Councilmembers Association Kathrin Sears Marin County Board of Supervisors Shirlee Zane April 6, 2018 Lisa A. Goldfien Assistant City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Re: Copies of recorded deeds: City of San Rafael to SMART, 013-041-044 Document # 2018-0009897, Marin County and City of San Rafael to SMART, Rice Drive (portion) Document # 2018-0009898, Marin County Dear Ms. Goldfien: RECE~VEIl APR 0 9 2018 CITY ATTORNEY Enclosed please find copies of the recorded conveyances from the City to SMART, referenced above. Please let me know if you have any questions. ~~J Laura Giraud Real Estate Manager Sonoma County Board of Supervisors LG/sre; enclosures Farhad Mansourian General Manager S401 Old Redwood Highway Suite 200 Petaluma, CA 94954 Phone: 707-794·3330 Fax : 707 -794·3037 www.sonomamarintrain.org IIIIIIIIII~ 1IIIIIIIIIIIIIIm 1111111111 111111111111111 II Iii 11111111 2018-0009898 Recording Requested By And When Recorded Return To: Laura Giraud Sonoma-Marin Area Rail Transit District 5401 Old Redwood Highway, #200 Petaluma, CA 94954 No Documentary Transfer Tax required under Revenue & Taxation Code Section 11922- Government Agency acquiring title No Recording Fee due pursuant to GOV9rnment Code Section 27383 Recorded offici:!>1 Recc'rd~ Countj'c,f Ivienn RICHARD N. BEN!:J:)'" A=~sor-Recc,rder County Oeri: OS':O£AM 2.0-I\,i:!>r-2.O:1B FI.EC FEE CONFORMED Cc,'P V IJ. 00 a Page i aT 7 APN: 013-041-52, -55 & Portion of City ROW (Rice Drive) (Space above this line for Recorder's use) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Rafael, a California municipal corporation hereby GRANTS to: Sonoma-Marin Area Rail Transit District, a public agency All that real property situated in the incorporated area of the City of San Rafael, County of Marin, State of California, described in ATIACHMENT A (Exhibits A & B -Legal Description and Plat), and made a part hereof. RESERVING TO THE GRANTOR an easement for public street and utility purposes over said real property, which shall terminate at the time Rice Drive as been realigned and is available to the Grantor for public street and public utility use_ Executed as of this l'i day of MDI.('c)') 2017_ CITY OF SAN RAFAEL, GRANTOR ~c~~ By: IMS HUTZ~itY7 er ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . County of Mann On March 14, 2018 ) before me, Lindsay Faye Lara, Notary Public (insert name and title of the officer) personally appeared _J_im_S_c_h_u_tz ____________ --:--:--____ -:-:--:--: __ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _---->otY~_. _tX'_-=--d_Vlf-/" __ ' ___ _ (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached GRANT DEED dated March 14,2018, from CITY OF SAN RAFAEL to the SONOMA-MARIN AREA RAIL TRANSIT DISTRICT, a public agency, in a portion of Rice Drive and Marin County Assessor's Parcel Numbers 013-041-42 and -55, is hereby cepted pursuant to authority contained in SMART Administrative Code Section 3.03(d) ATTEST TO SIGNATURE: Thomas Lyons Legal COUll!') 2kLdl1ttM ' ~J~ ~ticia Rosas-Mendoza Clerk of the Board of Directors ATTACHMENT A Exhibit A -Legal Description of APN: 013-041-52, -55 & Portion of City ROW (Rice Drive) Exhibit B -Plat for APN: 013-041-52 & -55 & Portion of City ROW (Rice Drive) '. Parcel One: Exhibit "A" Legal Description Lying within the City of San Rafael, County of Marin, State of California and being the land deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor trustee(s) under the Roland and Beverly Bacci Family Trust U/AID 4/19/90 as amended to the City of San Rafael under Document Number 96-045952 Official Records of Marin County, said land is more particularly described as follows: BEGINNING at the intersection of the southerly line of the parcel conveyed to Bacci by Document Number 84-087055, Marin County Records, with the easterly line of Rice Drive; thence along the easterly line of Rice Drive, N 35°55'51" E, 77.36 feet; thence N 44°13'51" W, 60.90 feet to the westerly line of Rice Drive; thence along said line S 35°55'51" W, 74.16 feet; Thence S 41°17'25" E, 61.52 feet to the POINT OF BEGINNING Accepted by The City of San Rafael under Resolution No. 9669, dated August 19, 1996. Containing 4,546 Square Feet more or less Parcel Two Lying within the City of San Rafael, County of Marin, State of California and being a portion of Segment 2 as shown on the land relinquished to the City of Santa Rafael under Relinquishment of Highway Right of Way, Request No. 56112, recorded under Document Number 2015-0017225, together with a portion of Segment 1 as shown on the land relinquished to the City of Santa Rafael under Relinquishment of Highway Right of Way, Request No. 56120, recorded under Document Number 2015-0017224 Official Records of Marin County, said portions are more particularly described as a whole as follows: Commencing at the northeasterly comer of the land granted from Bacci Trust to the City of San Rafael as described in Deed recorded under Document Number 96-045952 Official Records of Marin County, said point marked by a Rivet and Tag, stamped LS 5814, as shown on the Parcel Map filed in Book 26 of Parcel Maps, Page 4, Marin County Records; thence North 44°13'51" West 5.32' to the northwest line of the land shown as "excess land parcel" on the Caltrans Relinquishment Map No. 56120, Filed February 6, 2015, in State Highway Map Book 6, Page 2, Marin County Records, on the northwest side of Parcel 1 of said map and the POINT OF BEGINNING; thence along the northwest line of said Segment 1, North 34°51 '32" East 47.26 feet; thence along said northwest line and along the south line of said Segment 1, on a curve to the right with a 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 1 of 2 Radius of 33 .00 feet, for a length of 52.16 feet, through a central angle of 90°33'40" to a point of cusp; thence leaving said south line of Segment 1, North 53°26'40" West 106.62 feet to the west line of Segment 2 as shown on the Caltrans Relinquishment Map No. 56112, filed February 6, 2015, in State Highway Map Book 6, Page 2, Marin County Records, said point being on the westerly line of Rice Drive; thence along the west line of said relinquishment and Rice Drive, on a non~tangent curve to the right, the radius point of which bears, South 63°41 '50" West, with a Radius ' of 53.56 feet, through a central- angle of 65°43'56", for a length of 61.45 feet; thence, continuing along said relinquishment line and the westline of Rice Drive, South 35°36'56" West 23.37 feet to the North line of the lands of the City of San Rafael as described in the Deed to the City of San Rafael deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor trustee(s) under the Roland and Beverly Bacci Family Trust U/AID 4/19/90 as amended to the City of San Rafael under Docunlent Number 96-045952 Official Records of Marin County; thence along said line, South 44°13'51" East 46.85 feet to the POINT OF BEGINNING. Containing 4,152 Square Feet more or less 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www .cinquinipassarino.com CPI No.: 7240-15 Page 2 of 2 PARCEL EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL DESCRIPllON. SITE MAP NO SCALE ROLAND AND BEVERLY BACCI FAMILY lRUST D.N. 96-045952 BACCI FAMILY LP. D.N. 2004-102045 A.P.N. 013-041-58 PARCEL MAP -25 P .M. 0 4 PARCEL 2 BACCI FAMILY LP. D.N. 2004-102045 A.P.N. 013-Q4.1-58 BACCI I 1995-0223632:\ POINT OF COt.It.fENCEMENT PARCEl.. 1WO RIIJET & BRASS TAG / STAMPED LS 5814 _/- N4413'51"W 5.32' (540'37'22"E 5.33)RB,R19 PARCEL MAP 2005 MAPS 143 LoT 1 POINT OF BEGINNING PARCEl.. 1WO N34'51 , 32"E, __ --.-- 47.26' ~ t'\ PARCEL ONE S35°55'51"W 74.16 (N36'51'10"E 376.51 )Rl 0 SAN RAFAEl. REDE'fnOPt.fENT AGENCY D.N. 1982-025909 t---S35'36'56"W 23.37 o ~ rt\ PARCEL TWO (N36'30'01"W 23.B6·)R19 R=53.56' &=65'43'56" L=61.45' AD BRG S6Y41'50"W STATE CA. 1464 O.R. 159 ~ APN 013-Q4.1-48 0:t., .~ " !\, -- RB CALTRANS RIGHT OF WAY PLANS IV-MRN-1-C POST MILE B.7-10.6 R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R. ( IN FEET) inch = 40 ft. R16 PARCEL MAP -26 P.M. 04, M.C.R. ABBREVlA]ONS - R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R. R18 PARCEL MAP -2006 MAPS 143, M.C.R. ON = DOCUMENT NUMBER P.U.E.= PUBUC UllUTY EASEMENT R19 REUNQUISHMENT NO. 56112 -BOOK 6 STATE HWY MAPS, PAGE 1, M.C.R. R20 REUNQUISHMENT NO. 56120 -BOOK 6 STATE HWY MAPS, PAGE 2, M.C.R. o = 3/4" IRON PIPE ~ = EASEMENT AREA THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECllON. CINQUINI & PASSARINO. INC. LAND SURVEYING &. BOUNDARY 1360 No. Dutton Ave. &. TOPOGRAPHIC Santa Rosa, Ca. 95401 &. CONSTRUClION Phone: (707) 542-6268 &. SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM JOB NAME: RICE DRIVE PARCELS DRAWN BY: TM CHECKED BY: ....-----------------iSCALE:1" = 40' DATE: 9/21/17 DESCRIPllON: R.O.W. PARCELS JOB #:7240-15 PAGE: 3 OF 3 JAMES M. DICKEY, P.L.S. 7935 1 RESOLUTION NO. 14424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT OF REAL PROPERTY DESIGNATED AS ASSESSOR’S PARCEL NO. 013-041-44 TO THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service, and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown San Rafael; and WHEREAS, SMART is now pursuing the construction of the rail line from Downtown San Rafael to Larkspur Landing (the “Larkspur Extension”); and WHEREAS, the original rail alignment south of Second Street has a total of six at-grade crossings, at Third Street, Second Street, Francisco Blvd West near Second Street, Irwin Street at Francisco Blvd. West, Rice Drive, and Andersen Drive, and the City of San Rafael and SMART have been working for several years on a plan to eliminate the at-grade crossings at Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad tracks; and WHEREAS, SMART has developed plans for the realignment of Francisco Blvd. West, proposing to move SMART’s double tracks as close to Highway 101 as possible and the roadway further south, to eliminate the two crossings noted above. The realignment plan includes a proposal for relocation of part of Rice Drive between the railroad tracks and Francisco Blvd. West; and WHEREAS, the proposed realignment of the roadway and the railroad tracks will require several property transfers between different owners, both private and public, including the conveyance of City-owned Assessor’s Parcel No. 013-041-44 and other property from the City to SMART; and WHEREAS, as an even exchange for the conveyance of the City-owned property to SMART, SMART will at a later date convey to the City of San Rafael other parcels of real property required for the City’s use of the realigned Rice Drive for public street and utility purpose; and WHEREAS, the City Council finds that the grant of Assessor’s Parcel No. 013- 041-44 to SMART as part of an exchange for other real property in the new location of Rice Drive will facilitate the Francisco Blvd. West roadway and rail line realignment needed for SMART’s Larkspur Extension, and will therefore be in the best interests of the City of San Rafael; and WHEREAS, in 2006 SMART certified a Final Environmental Impact Report that covered all of SMART’s activities along the rail line including the Larkspur Extension; and WHEREAS, the City Council finds that the grant of real property approved herein is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State 2 CEQA Guidelines, because the relocation of Rice Drive for which the grant is being made will be in the same general area and will not expand roadway capacity, therefore it comes under the Class 2 categorical exemption for replacement or reconstruction of existing structures or facilities involving negligible or no expansion of use (14 Cal. Code Regs. Section 15301). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby approves and authorizes the Mayor or City Manager to execute a deed, in a form to be approved by the City Attorney, granting to the Sonoma-Marin Area Rail Transit District (SMART) the fee title to the real property commonly known as Assessor’s Parcel No. 013-041-44. 2. The City Clerk is authorized and directed to record the executed deed in the Office of the Marin County Recorder. 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 the 4th day of December 2017, 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 Recording Requested By And When Recorded Return To: Laura Giraud Sonoma-Marin Area Rail Transit District 5401 Old Redwood Highway, #200 Petaluma, CA 94954 No Documentary Transfer Tax required under Revenue & Taxation Code Section 11922- Government Agency acquiring title No Recording Fee due pursuant to Government Code Section 27383 1111111 lin ill II 11111 1111 11m IIW 11m 11111 11111 11111 11m ~ 111111 2018-0009897 Recorded Official Record~ CDuntyDi Ivmnn RICHARD t,/. BEN£J:Jt,/ Az-.-zc.r· Fieccroef Cc.unt'l Clerk 09:06AM 2.0-Mer-2.0iS REC FEE I ~age i of 6 APN: 013-041-44 (Space above this line for Recorder's use) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Rafael, a California municipal corporation hereby GRANTS to: Sonoma-Marin Area Rail Transit District, a public agency All that real property situated in the incorporated area of the City of San Rafael, County of Marin, State of California, described in ATIACHMENT A (Exhibits A & B -Legal Description and Plat), and made a part hereof; RESERVING TO THE GRANTOR an easement for public street and utility purposes over said real property, which shall terminate at the time the adjacent street, Rice Drive, has been realigned and is available to the Grantor for public street and public utility use. Executed as of this Ij day of Ml1f"Ch 2018. CITY OF SAN RAFAEL, GRANTOR O.ljO tJ .1)0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CountY of Marin On March 14,2018 ) before me, Lindsay Faye Lara, Notary Public (insert name and title of the officer) personally appeared _J_im_S_c_h_u_tz _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~ ___ ._~ ___ ~ _____ _ (Seal) ' .. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached GRANT DEED dated March 14, 2018, from CITY OF SAN RAFAEL to the SONOMA-MARIN AREA RAIL TRANSIT DISTRICT, a public agency, in Mari ounty Assessor's Parcel Number 013-041- 44, is hereby accepted pursuant to authority conta: d in SMART Administrative Code Section 3.03(d)(3). Dated: ATTEST TO SIGNATURE: om as Lyons egal Counsel , ,. ,evavtlifl Leticia Rosas-Mendoza Clerk of the Board of Directors ATTACHMENT A Exhibit A -Legal Description of APN: 013-041-44 Exhibit B -Plat for APN: 013-041-44 Parcel One: Exhibit "A" Legal Description Lying within the City of San Rafael, County of Marin, State of California and being the land deeded to City of San Rafael, a charter city and municipal corporation by grant deed recorded under Docrunent Nrunber 2017-0009320, Official Records of Marin County, said land is more particularly described as follows: Commencing at a point S54°25'31"E, 25.22 feet from the most southerly point of the parcel ofland described by the deed recorded March 28, 1980, in Book 3696, Page 159, Official Records of Marin CoUnty; thence along a right-of-way line S54°25'31 "E, 232.87 feet; thence along a right-of-way line, being a left hand curve, whose center bears N77°13'01"E, with a radius of 462.78 feet, through an angle of 2°17'51", over an arc length of 18.56 feet; thence along a right-of-way line, S52°45'42"E 30.68 feet; thence along a right-of-way line, S41°20'42"E, 67.27 feet; thence along a right-of-way line, S35°55'51"W, 50.45 feet; thence along a left hand curve, whose center bears S 87°20'08"E, with a radius of 35.99 feet, through an angle of 44°25'28", over an arch length of 27.91 feet to a point of compound curvature; thence along a left hand curve, whose center bears S49°08'30"W, with a radius of 5991.30 feet, through an angle of 3°07'30", over an arc length of326.79 feet, to the point of commencement. Dafe / 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page lof 1 "<:l' o POINT OF COMMENCEMENT \ \ EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL DESCRIPTION. \ SITE MAP NO SCALE \ REFERENCE DEEDS \! \ ~'?~ \ ~~~ o~\Jl g9;.( :i?'o ~$~ cJ)~~ ~bUl D12 N.W.P.R.R. TO STATE OF CA. -2361 O.R. 199, M.C.R. R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R. R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R. .,,?l~ S54'25'31"E 232.87' ~ 0 (S5S22'49"E 258.05)R10 fl ~ (N5S23'24"W 328.05')D12\ (SS3'23'24" 328.14)R17 \ STAlE CA. 1464 O,R. 159 APN 013-041-48 GRAPHIC SCALE ~ 0 ~ ~ ·~I.:_:,JI-I(_::J--===:-·I __ ... J ( IN FEET) inch = 40 ft. R=462.78' t.=2i7'51" L=18.56' S52'45' 42"E 30.68' (S51'S2'21"E 30.68)R17 (SSl'Sl'lS"E 30.68)R10 S41'20'42"E 67.27' (S40'37'22"E 67.96)R17 (S40'23'OS"E 67.37)RlO \ \ -\ ABBREVlA]ONS DN = DOCUMENT NUMBER P.U.E.= PUBUC UTIUTY EASEMENT o = 3/4" IRON PIPE I2Z1 = EASEMENT AREA THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION. JAMES M. DICKEY, P.L.S. 7935 CINQUINI & P ASSARINO, INC. LAND SURVEYING 1360 No. Dutton Ave. Santa Rosa, Ca. 95401 Phone: (707) 542-6268 £. SUBDIVISIONS Fax: (707) 542-2106 WIiW.CINQUINIPASSARINO.COM JOB NAME: RICE DRIVE PARCELS DRAWN BY: TM CHECKED BY: 1----------------iSCALE: 1" = 40' DATE: 9/21/17 DESCRIPTION: R.O.W. PARCELS JOB #:7240-15 PAGE: 2 OF 2 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Lisa Goldfien Extension: 3081 Contractor Name: SMART Contractor's Contact: Click here to enter text. Contact's Email: Click here to enter text. D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project M~nager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 . City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE ( lick here to enter a date. Click here to enter a clate. 3/14/2018 3/14/2018 Click here to enter a date. D N/A Or 12/4/2017 j /1'1 /J ~ ~JIU, } I 'ir' 3 -/ ~/I Sr ~/1~/lro REVIEWER Check/Init ial D D ~ LG ~ LG N/A D ~ I,.M- JJ)f« ~ ~ =·S'M$A §RT~ ..... .- Sonoma-Marin Area Rail Transit Larkspur Extension Project Contract NO. CV -DB-16001 July, 2017 +·i~3i·*·p ·5h*i -'·S§"'iF+ PA RCE L MAf> 26 P .M. 04 PA RC£L ! ?AF?C£L ,,..AF' 2005 MA PS 143 LOT 1 BACCI FAl,ArLY LTD PARTNr;RSHlf> A.P.N. 013-04 1-56&53 D.N 2004-102045 BACC' F AWL Y l TO PAATNLRStilP AP.N. 013-041 -62 D.N. 200fi-062026 IJON1GOM(RY TECH. CENTER A.r,N. 013-041-29 lAUPL£Y A.r.N.013 -·041 -64 O.N . 2016-009012 ---:-------------------~--------------------- SMAR7 A.P.N. OI3-041-~O D,N, 2006-018841 ---\----\-----------------------------------... -" -.:::-:::::--.-:---------- 1118Kf ENGIN EERS North Central San Rafael Exit Rice Drive to be Conveyed to SMART ATTACHMENT 5 Current Right of Way ~. ~-.. .t !~,r ' ,.t '·~I:' • •. l·.'. " t ..... -S~ROC I<.MkTEFi},(LS . • Ci1Y OF SAN RAFAEL LOT 1 CITY OF SAN RAFAEL BACCI FAMILY LP. BEST BUY I ,) SAN RAFAEL REDEVELOPMENT AGE \01 ,r ~r-::C; SMA RT $=:-' __ • .....l ... !:......-___ ....:.....-___ ......! , UNNAMED CHANNEL :---~ ffi -_--=----..4'_________ 1...1 !"......J 775+00 1 ffi ,. I 115~88 I ~ rhJ,""~~~IIt,;i ~e ~.7~~1~rfl1'41~~3 ~'1~~" ,~:\ !I I '" AI>I:" I'lA,,-T I'lA N S,T MAIN L.INE & SIDING A.lIGNM ENT SMART RIGHT OF WAY LARKSPUR EXTENSION CONSTRUCTI ON FOOTPRINT r BACCIFAMILY,LP. T OTAL sa FT~ 15,640 CITY OF SAN RAFAEL TOTAL sa FT; 57."00 STATE OF CAUFORNIA TOTAL sa FT: 21 ,500 SAN RAFA.EL REDEVELOPMENT AGENCY T OTAL sa FT: 9,450 LOT 9 o • 0iii!'I BUILD PARC (SEE I SURV. APN/F MERCEDES-BEN, Z OF MARINt • ~ t :... ~ ~I:i~ ~ F RABMO:rORS _ \\ • • <f]:I.) NOTE: SEe RECORD OFSUR\ IIiiiiiII I ~RAILPROS <em·) IIiiiiiII CI NQUINI 8< • __ PASSARJNO, INC. ~ .lA ..... S U'lVF.VO.lS -C. PHELPS ,--I ~~PS PR ELI MINARY [:.~, .... 1"!~'""WllIIlDli'Ii!l£l :;:~2GE :O" NOT FOR CONS TRUCT ION l-:::::: SMA. R T '-=US&,UZLu_c.ucF LARK SPUR EXTENSI ON GRADE CROSSINGS PlAN FRANCI SCO BOULEVARD RELOCATIO N SHEET 1 OF 1 ~ ~ ,": , 0WG:"'ii Fl ' STAFF REPORT APPROVAL ROUTING SLIP Staff Report Author: Kevin McGowan Date of Meeting: 12/04/2017 Department: Public Works Topic: RICE DRIVE PROPERTY CONVEYANCE Subject: CREATE A PUBLIC UTILITY EASEMENT ACROSS THE EXISTING RICE DRIVE NORTH OF THE CURRENT RAIL RIGHT OF WAY AND CONVEY REAL PROPERTY ASSOCIATED WITH RICE DRIVE NORTH TO THE CURRENT RAIL RIGHT OF WAY TO THE SONOMA MARIN AREA RAIL TRANSIT (SMART) Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☒ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon 11-17 Director Director approves staff report is ready for ACM, City Attorney & Finance review. ☒ CONTENT REVIEW MONDAY morning 11-20 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. Click here to enter a date. 11/28/2017 11/20/2017 ☒ ☒ LG ☒ MM DEPARTMENT REVISIONS FRIDAY noon 11-24 Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. 11/28/2017 ☒ LG and approved by Bill Guerin ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning 11-27 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. 11/28/2017 ☒ ☒ LG ☒ TUES noon 11-28 City Manager Final review and approval 11/29/2017 ☒ JS