HomeMy WebLinkAboutCC Resolution 14424 (Rice Drive Property Conveyances)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
1
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
2
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
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