HomeMy WebLinkAboutPW Map of Peacock EstatesAgenda Item No: 11
Meeting Date: October 5 , 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: City Manager Approval:
Director of Public Works (DD)
File No.: 09.06.62
SUBJECT: Resolution (1) approving the summary vacation of a portion of an existing City of San
Rafael Open Space Easement on Parcel "B" (APN 186-470-98) as shown on the Map entitled "Map
of Peacock Estates (Country Club Estates), a Subdivision of Lot 1 (20 P.M. 10)" recorded at 20 RM
28, and (2) accepting and authorizing recordation of an Easement Deed for Open Space Purposes
located on a portion of the property known as the "Lands of Naylor" at 534 Biscayne Drive (APN
186-551-43) granted to the Peacock Estates Homeowners Association in connection with a Lot
Line Adjustment agreed upon between the Association and the owners of the "Lands of Naylor".
RECOMMENDATION: Staff recommends that the City Council adopt the resolution.
BACKGROUND:
On December 11, 1987, a map entitled "Map of Peacock Estates (Country Club Estates), a Subdivision of
Lot 1 (20 P.M. 10)", at the end of Biscayne Drive, was recorded at the Marin County Recorder Office at 20
RM 28. This Map dedicated Parcel "B" (APN 186-470-98) to the Peacock Estates Homeowners
Association in fee and granted an open space easement over Parcel " B" to the City of San Rafael, which
was accepted by the City Council in approving the Map. Lot 25 on that Map is now known as the "Lands
of Naylor".
A portion of the Association's Parcel "B" lands behind the Naylor residence was developed by the
homeowners with a sport court, non-native landscaping, a swimming pool, and a flagstone patio. This
encroachment also encroached on the City's open space easement.
On August 19, 2009, following a request by Mr. And Mrs. Naylor and the Peacock Estates Homeowners
Association, the Community Development Director approved a lot line adjustment to allow the Naylor's to
acquire from the Association the land that they had encroached upon, and grant an equal amount of land
to the Association on the west side of their property that has no disturbance of the native plants and
terrain.
ANALYSIS:
The lot line adjustment between the lands of the Naylor's and the lands of the Peacock Estates
Homeowners Association also allows a relocation of the City's Open Space Easement from the area of
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
encroachment to the undisturbed area acquired by the Association. Health & Safety Code Section
8333(c) permits the City to summarily vacate an open space easement in connection with such a
relocation of the easement.
The lot line adjustment will result in 6,621 square feet of the Association's Parcel "B" lands (including the
encroachment area) being acquired by the Naylor's in exchange for 6,622 square feet of undisturbed
lands being acquired by the Association as new Parcel "B" lands on the west side of the Naylor's
property. Likewise, the proposed vacation of a portion of the City's Open Space Easement and
acceptance of the Easement Deed for Open Space will result in 6,621 square feet of City Open Space
located in Parcel "B" being exchanged for 6,622 square feet of City open space in the new Parcel 'B'
lands.
City staff is satisfied that the proposed relocation of City Open Space lands being proposed will result in
the City receiving an equivalent public benefit.
ACTION REQUIRED: Adopt Resolution.
Enclosures (2):
1. Resolution approving vacation of City Open Space Easement, and accepting and authorizing
recordation of Easement Deed for Open Space Purposes, with attached Legal Description and
Plat Map.
2. Easement Deed for Open Space Purposes, with attached Legal Description and Plat Map.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
VACATING A PORTION OF AN EXISTING OPEN SPACE EASEMENT DEDICATED
TO THE CITY OF SAN RAFAEL UPON PARCEL `B' (APN 186-470-98) AS SHOWN
ON THE MAP ENTITLED `MAP OF PEACOCK ESTATES (COUNTRY CLUB
ESTATES), A SUBDIVISION OF LOT 1 (20 P.M. 10)' RECORDED AT 20 RM 28, AND
ACCEPTING AND AUTHORIZING RECORDATION OF AN EASEMENT DEED FOR
OPEN SPACE PURPOSES ON A PORTION OF THE `LANDS OF NAYLOR' (APN 186-
551-43) GRANTED TO THE PEACOCK ESTATES HOMEOWNERS ASSOCIATION
FOR INCLUSION IN PARCEL `B', IN CONNECTION WITH A LOT LINE
ADJUSTMENT AGREED UPON BY THE PEACOCK ESTATES HOMEOWNERS
ASSOCIATION AND THE OWNERS OF THE `LANDS OF NAYLOR' AT 534
BISCAYNE DRIVE, SAN RAFAEL.
WHEREAS, public interest, convenience and welfare require that the City of San Rafael
summarily vacate a portion of an existing open space easement dedicated to the City of San
Rafael upon Parcel `B' (AP No. 186-470-98) , known as the "Lands of Peacock Estates
Homeowners Association", as shown on the Map entitled `Map of Peacock Estates (Country
Club Estates), a Subdivision of Lot 1 (20 P.M. 10)' recorded at 20 RM 28, adjacent to the `Lands
of Naylor' (APN 186-551-43), and accept and authorize recordation of an Easement Deed for
open space purposes on a portion of the `Lands of Naylor' granted to the Peacock Estates
Homeowners Association for inclusion in Parcel `B' in connection with a lot line adjustment
agreed upon by the Peacock Estates Homeowners Association and the owners of the `Lands of
Naylor' at 534 Biscayne Drive, San Rafael.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael as
follows: All facts recited above are true and correct; and
1. The City Council of the City of San Rafael, pursuant to Streets and Highways
Code Section 8333(c), summarily vacates, for public use and purposes, that portion of the
aforementioned existing open space easement as is more particularly described and depicted in
the Exhibits "C" and `B" attached hereto and incorporated herein; and
1
2. From and after the date this Resolution is recorded, that portion of the open space
easement described and depicted in Exhibits "C" and `B" shall no longer constitute a public
open space easement; and
3. The City Council accepts that certain Easement Deed on file with the City Clerk,
granting to the City of San Rafael an open space easement located on a portion of the "Lands of
Naylor" (APN 186-551-43) granted to the Peacock Estates Homeowners Association for
inclusion in Parcel `B' (APN 186-470-98), in place of the aforementioned vacated open space
easement; and
4. The City Clerk is hereby ordered to record a certified copy of this Resolution and
the aforementioned Easement Deed with the Marin County Recorder's Office; and The Mayor is
authorized to execute, and the City Cleric is authorized to record, such other documents,
including a quitclaim deed, as may be necessary to complete the Council's actions, in a form
approved by the City Attorney.
I, ESTFIER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a meeting of the Council
of said City held on the 5th day of October, 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
2
LAAJD 17csG.�ivrio^�
VACATio�✓ of a��� SfacE EWs��`''C"'7
Commencing at the intersection of the two courses N017411870 45' 00" West, 260.00 feet
and North 02° 15' or East,16.00 feet, said intersection be g the Northwesterly corner
of Lot 25, as said lot is shown and.cdepicted upon that certain map entitled, "Map of
Peacock Estates (Country Club Estates);., a subehMsion of Lot 1 (20 P.M. 10), filed far
record December 11, 1987 in Book 20 of Maps, at Pake28, Marin County Records,
thence along a southerly line of Peacock Estates 1lomeow�. ers Assoc. Parcel B described
in Marin Co. records DN 88E56994, N 649-38'29"E 27:3.0 feet to the TRUE POINT OF
BEGINNING, thence continuing on said dine, N 64° 3'8' 29" E, 161.55 feet to the
northwesterly line of said Lairds of Naylor common with said Parcel B; thence
N 440 17' 52" W, 48.06 feet; thence 3 64° 38' 129" W, 126.82 feet; thence.
S 030 39' 13" W, 2436 feet; thence S OV 03' 44" E, 25.30 feet to the TRUE POINT OF
BEGINNING.
Being a portion of Lands of peacock Estates Bumeownefs Assoc. Parcel B described in
Marin Co. records DN 88E56894.
�NALLg
No.
30465
E)T.3-31-2010
Lands of Peacock Estates HOA and City Lands of Peacock Estates 1 -
of
of San Rafael Open Space Easement ON 88E56894
Lands of Naylor area to be Granted from Peacock Estates AP#186-470-98
Granted to Peacock HOA to "yylIor and encumbered as Private - Area = 51.72 Acres
Estates HOA,to be Open Space Area=6,621 sf. Parcel B
included as Parcel B 20 RM 28
and Encumbered as City - S64'38'29"W 126.82' Lands of Na or
of San Rafael Open area to be Release rom
Space Easement o Peacock Estates HOA Private
Area=6,622 sf. rn. Open Space Encumberance
27.30 S64.38, 9. 161.55' to allow existing improvements
pa PO N 564'38'29"W 146.55' Area=6,621 sf.
Co
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8 T86,4'38'29"W 144.65' AP#186-470-98
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OS3 9 Area=61,060 SF
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XX J.L. ENGINEERING Exhibit B
DAT&: Jul. 2009 DMW.. XXX CIVIL ENGINEERS -LAND SURVEYORS
x : 2009-038 cncm: J.L.H Lands of - 534 Biscayne Dr.
2009-038\DWG\09-038-BASE.LLADJ-EXHIBIT 1539 4th sr., SAN RAFAE4 CA. 91901 (415) 457-6647 APN 186-551-43, San Rafael, Marin County, CA
S64'38'29"W
Peacock Estates HOA M o`' Lands of Peacock Estates HOA and City of
DN 88E56894 ro° `v San Rafael Open Space Easement
AP#186— 470-98 area to be Granted from Peacock Estates
° HOA to Naylor and encumbered as Private
n �Ql ti o Open Space Area=6,621 sf.
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Note: All distances
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area to be Released from Peacock Estates
HOA Private Open Space Encumberance
to allow existing improvements
Area=6,621 sf.
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J.L. ENGINEERING
CIVIL ENGINEERS -LAND SURVEYORS
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Lot 25 16
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Exhibit B
Lands of Naylor — 534 Biscayne Dr.
APN 186-551-43, San Rafael, Marin County, CA
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
ESTHER C. BEIRNE, City Clerk
City of San Rafael
P. O. Box 151560
San Rafael, CA 94915-1560
EASEMENT DEED
FOR OPEN SPACE PURPOSES
PEACOCK ESTATES HOMEOWNERS ASSOCIATION, a California nonprofit corporation
("Grantor"), for an adequate consideration, hereby grants and conveys to the CITY OF SAN RAFAEL, a
municipal corporation, an EASEMENT over the strip of land hereinafter described for open space
purposes, with the right of ingress thereto and egress therefrom, in, on and across said strip of land and
the contiguous real property of the Grantor. — - Said strip of land is located in the City of San Rafael, County of Marin, State of California, and is more
particularly described as follows:
"The Easement is described in the Legal Description and related Plat attached hereto and incorporated
herein as Exhibit "A" and "B" respectively."
Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or
interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or
other structure or drill or operate any well within said strip of land.
This Easement Deed for Open Space Purposes is not intended to transfer to, or impose upon, the CITY
OF SAN RAFAEL any responsibility for storm drainage within the area covered by such Easement
Deed.
The provisions hereof shall inure to the benefit of and bind the heirs, successors, assigns of the
respective parties hereto.
IN WITNESS WHEREOF, Grantor has executed these presents, this 2 - day of Se*mbcv'
2009.
PEACOCK ESTATES HOMEOWNERS ASSOCIATION, a
California Nonprofit Corporation.
By:
Printed Name: t'►'I ayt I n Cayrade
Title: TYeelc(en
ACKNOWLEDGMENT
State of California )
County of 11%Ae/N )
On J before
6-
-706) /JZ�/CZ 16-i
(in ert name and title of the officer)
personally appeared /load//) CA-�-AX DC—
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 PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
;ignatu
ITNESS d -official seal. STAG L. SHOD --------------
WITNESS
Commission # 1852165 z
Notary Public • California
Marin County
M Comm. Expires Jun 29, 2013+
r:z7 (Seal)
EXHIBIT `W'
An Open Space Easement more particularly described as follows:
Commencing at the intersection of the two courses Nor
and North 020 15' 00" East, 16:00 feet, said intersection 1
of Lot 25, as said lot is shown and depicted upon the
Peacock Estates (Country Club Estates), a subdivision
record December 11, 1987 in Book 20 of Maps, at P
thence along a southerly line of Peacock Estates Ilomeo
in Marin Co. records DN 88E56894, North 64° 38' 29'
said Parcel B, along the next six (6) courses: S 28° 45'
38' 58" E, 18.47 feet; thence N 84° 26' 10" E, 11.46 fe(
feet; thence S 381 20° 49" E, 34.22 feet; thence S 06° 5'.
the southwesterly line of said Lands of Naylor; thence ni
line of Naylor Deed being common with Peacock. Estate
N 49° 30' 13" W, 206.10 feet; thence N 02' 15' W'
BEGINNING.
Being a portion of Lot 25, as shown upon that certain N.
Club Estates), a Subdivision of Lot 1 (20 P.M. 10) City
for record December 11, 1987 in Volume 20 of Maps, at
1 87° 45' 00" West, 260.00 feet
Ang the Northwesterly comer
certain map entitled, "Map of
f Lot 1 (20 P.M. 10), filed for
ge 28, Marin County Records,
niers Assoc. Parcel B described
East 27.30 feet; thence leaving
49" E, 17.80 feet; thence S 38°
; thence S 49° 34'23" E, 96.56
55" 1,, 43.46 feet to a point of
rtherly along said southwesterly
Homeowners Assoc. Parcel 13,
's, 16.00 feet to the POINT OF
of Peacock Estates ( Country
San Rafael, California", filed
;e 28, Marin County Records
�N�LLB
No.
30465
Exp. 3-31-2010
Lands of Peacock Estates HOA and City
of San Rafael Open Space Easement
Lands of Naylor area to be Granted from Peacock Estates
Granted to Peacock HOA to Na or and encumbered as Private
Estates HOA,to be Open Space Area=6,621 sf.
included as Parcel B
and Encumbered as City
of San Rafael Open
Space Easement
Area=6,622 sf.
_ 27.30
p v' . i
eaaaa
Lands of Peacock Estates
ON 88E56894
AP#186-470-98
Area = 51.72 Acres
Parcel B
20 RM 28
564'38'29"W 126.82' Lands of Naylor
-P area to be Release rom
0 Peacock Estates HOA Private
a'• Open Space Encumberance
564'38'29"W 161.55' to allow existing improvements
S64'38'29"W 146.65' \? Area=6,621 sf.
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area to be Released from Peacock Estates
HOA Private Open Space Encumberance
to allow existing improvements
Area=6,621 sf.
Peacock Estates HOA
DN 88E56894
AP#186-470-98
S49'30'1 YE
10.36'
Note: All distances pre in feet and decir
N eAP. 3'3j.2pr0
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CIVIL ENGINEERS -LAND SURVEYORS
()539 4th ST., 57174 I11EL, CA. 94901 (415) 457-6647
Lands of Naylor - 534 Biscayne Dr.
APN 186-55,-43, San Rafael, Marin County, CA
eae: 2009-038 ceEcxED: J. L.H
2009-038\DWG\09-038-BASE,LLADJ-EXHIBIT
S49'30'1 YE
10.36'
Note: All distances pre in feet and decir
N eAP. 3'3j.2pr0
1
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Lot 25
20 RM 28
thereof.
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230'
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DATE: Jul. 2009 D"". xxx
CIVIL ENGINEERS -LAND SURVEYORS
()539 4th ST., 57174 I11EL, CA. 94901 (415) 457-6647
Lands of Naylor - 534 Biscayne Dr.
APN 186-55,-43, San Rafael, Marin County, CA
eae: 2009-038 ceEcxED: J. L.H
2009-038\DWG\09-038-BASE,LLADJ-EXHIBIT
