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HomeMy WebLinkAboutPW 330 Bellam Blvd. Drainage EasementCITY OF Agenda Item No: 16 Afl Meeting Date: March 16, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Parviz Mokhtari, P.E. City Manager Approval: Director of Public Works (KC) File Ref: 09.06.060 SUBJECT: Resolutions approving the vacation of a portion of an existing 40' wide drainage easement in Parcel 1 shown in "Parcel Map - Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84) pursuant to summary vacation and abandonment procedures at 330 Bellam Boulevard, APN 9-280-06, San Rafael, California. RECOMENDATION: Staff recommends that the City Council adopt the resolutions. On February 13, 1973, a map entitled "Map of Bahia De Rafael Industrial Park", a major subdivision located on Bellam Boulevard and on Kerner Boulevard, was recorded at the Marin County Recorder Office. The recorded map showed a 40' wide sanitary sewer and drainage easements crossing Lots 3, 4 and 5 beginning from the easterly property line of Lot 3 to the northwesterly corner of Lot 5 (southeasterly corner of Bellam and Kerner Boulevard). On July 24, 1979, a parcel map was recorded entitled "Parcel Map — Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84), creating two parcels, which Parcel 1 consist of the Circuit City's site, and Parcel 2, is the Marin County Health and Wellness Campus site. Although these easements were established in 1973 for their respective utility uses, the existing drainage system on this parcel and within the 40' wide drainage easement conveys local surface runoff to the concrete channel. The Department of Public Works staff confirmed that no publicly maintained drainage facilities were installed within the 40' wide drainage easement. FOR AGENCY SECRETARY ONLY File No.: Agency Meeting: Disposition: CITY COUNCIL REPORT / Page 2 With the construction of Windward Way, a public maintained street with utilities, including storm drain systems in the mid -1980's, the portion of the existing 40' wide drainage easement on Parcel 1 shown on "Parcel Map — Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84), which is presently owned by SimVest Real Estate U is unnecessary for public use. ANALYSIS: The vacation of that portion of existing 40' wide drainage easement will remove that portion of the drainage easement on Parcel 1 shown on "Parcel Map — Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84). FISCAL IMPACT: None. ACTION REQUIRED: Adopt Resolutions Enclosures (3): 1. Resolution. 2. Exhibit "A" &"B", Legal Description and Plat, respectively. 3. Letter of Request RESOLUTION NO. RESOLUTION APPROVING THE VACATION OF A 40' WIDE DRAINAGE EASEMENT ON PARCEL 1 SHOWN ON "PARCEL MAP — RESUBDIVISION OF LOTS 3, 4 AND 5, BAHIA DE RAFAEL INDUSTRIAL PARK, 15 MAPS 54" (16 PM 84), PURSUANT TO SUMMARY VACATION AND ABANDONMENT PROCEDURES AT 330 BELLAM BOULEVARD, SAN RAFAEL, CALIFORNIA, APN 009-280-06. WHEREAS, on February 13, 1973, a map entitled "Map of Bahia De Rafael Industrial Park" was recorded in Marin County Recorded Office, in Volume 15 of Maps at Page 54; and WHEREAS, the recorded map showed the dedication of a 40' drainage easement ("DE") beginning from the easterly boundary line of Lot 3 to the northwesterly corner of Lot 5; and WHEREAS, the City of San Rafael accepted the dedication of such 40' drainage easement; and WHEREAS, on July 24, 1979, a parcel map entitled "Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84), was recorded at the County Recorder Office creating two parcels, Parcels 1 and 2, Parcel 1 of which contained the drainage easement; and WHEREAS, staff has confirmed that no drainage facilities have ever been installed or maintained by the City of San Rafael within the drainage easement on Parcel 1; and WHEREAS, with the construction of Windward Way in mid -1980, it appears from all evidence that the portion of the 40' wide drainage easement on Parcel 1 shown on "Parcel Map — Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84) no longer serves any present or prospective public purpose. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. All the facts recited above are true and correct. 2. The City Council of San Rafael, pursuant to Street and Highways Code Section 8333(a) summarily vacates and abandons for public use and proposes that portion of the existing 40' wide drainage easement on Parcel 1 shown on the parcel map entitled "Resubdivision of Lots 3, 4 and 5, Bahia De Rafael Industrial Park, 15 Maps 54" (16 PM 84), as is more particularly described and depicted in the Legal Description and Plat, attached hereto and incorporated herein as Exhibit "A" and Exhibit "B", respectively. 3. From and after the date this adopted Resolution is recorded, the portion of the drainage easement described in Exhibit "A" and depicted on the Plat as shown in 1 U:\AI]_Files\Abandonment- Land Acquisition- Easement\Bellam Boulevard (330), Abandonment of SSE & DE File Ref: 09.06.060 Exhibit `B" shall no longer constitute a public storm drain or other drainage easement. 4. That the City Clerk be and is hereby ordered to record a certified copy of this Resolution with the Marin County Recorder's Office. 5. That the Mayor is authorized to execute, and the City Clerk is authorized to record with the Marin County Recorder's Office, such other documents, including a quitclaim deed, approved as to form by the City Attorney, as may be necessary to complete the City Council's action as taken herein. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 16th day of March, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 ESTHER C. BEIRNE, City Clerk U:\AII—Files\Abandonment- Land Acquisition- EasemenABellam Boulevard (330), Abandonment of SSE & DE File Ref: 09.06.060 EXHIBIT "A" DRAINAGE EASEMENT VACATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, AND BEING DESCRIBED AS FOLLOWS: BEING THAT PORTION OF THAT CERTAIN 40 FOOT WIDE DRAINAGE EASEMENT DEDICATED TO THE CITY OF SAN RAFAEL ON THAT CERTAIN MAP ENTITLED "MAP OF BAHIA DE RAFAEL INDUSTRIAL PARK", FILED ON FEBRUARY 13, 1973 IN VOLUME 15 OF MAPS AT PAGE 54, MARIN COUNTY RECORDS, LYING WITHIN PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED "PARCEL MAP RESUBDIVISION OF LOTS 3,4 AND 5, BAHIA DE RAFAEL INDUSTRIAL PARK— 15 MAPS 54, SAN RAFAEL, MARIN COUNTY, CALIFORNIA", FILED ON JULY 24, 1979 IN BOOK 16 OF PARCEL MAPS AT PAGE 84, MARIN COUNTY RECORDS. KIER & WRIGHT ENGINEERS & SURVEYORS /�� i�1S 8345 DATE LICENSE EXPIRES: No. 8345 2-D`I f2-3t-Oq W:\- PRIOR TO 12-31-2008\10 October\2008\Descriptions\KIM\A08634_VACA_SDE_100808.doc 19 / BELLAM BOULEVARD ' PAROL � �5 Zvi 54 o PARCEL 1 16M 84 I DRAINAGE EASEMENT VACATION I LLl F- NORT13 50' 100' 200' Scale 1" = 100 ft PAROL 2 16 l\/1 84 Z:\2008\A08634\survey\A08634-40SDE.dwg 1/27/2009 b44Q9 PM PST w KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 1233 Quarry Lana, Suite 145 (925) 249-6555 Pleasanton, California 94566 fax (925) 249-6563 EXHIBIT "B" DRAINAGE EASEMENT VACATION -� U I b- SCALE 1" = 100' 1 DATE DEC. 2008 1 DY EM JOB NO. A08634 SAN RAFAEL, MARIN COUNTY, CALIFORNL4 SHEET 1 OF 1 October 10, 2008 City of San Rafael Public Works Department 111 Morphew Street San Rafael, CA 94901 San Rafael Sanitation District 111 Morphew- Street San Rafael, CA 94901 RE: 330 Bellam Boulevard, San Rafael CA To Whom It May Concern: SIMEON Commercial Properties is the managing agent for SimVest Real Estate II, LLC, the owner of 330 Bellam Boulevard in San Rafael, California. We are writing to request on behalf of the property ownership that two easements currently across the property be abandoned, one by each of the addressees above. Because the existing 5' sanitary sewer easement and 40' sanitary sewer and drainage easement appear to have no public utilities in them, we wish to have them vacated in the public record. Thank you for your consideration. If you have any questions, please feel free to contact me at 415-986-2002 x29. Sincerely, Susan I Cronk Vice President of Development