HomeMy WebLinkAboutCC Resolution 4183RESOLUTION NO. 4183
RESOLUTION OF INTENTION TO FORM A DRAINAGE
MAINTENANCE DISTRICT, SETTING TIME AND PLACE
OF HEARING THEREON AND ABANDONING PROCEEDINGS
FOR THE FORMATION OF A LEVEE MAINTENANCE DISTRICT
IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT
NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
WHEREAS, on the 18th day of January, 1971, the City Council
of the City of San Rafael, Marin County, California, adopted its Reso-
lution of Intention No. 3998, as later amended, which resolution stated
the intention of said City Council to form a Levee Maintenance District
as part of the proceedings for the formation of East San Rafael Drainage
_Assessment District No. 1; and
WHEREAS, on the 27th day of March, 1972, said City Council held
public hearings on the formation of said Levee Maintenance District; and
WHEREAS, on said date said City Council directed the Engineer
of Work and Special Bond Counsel to prepare proceedings for the formation
of a Drainage Maintenance District to include additional facilities and
additional properties over what was originally proposed in the Levee
Maintenance District.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the proceedings for the formation of said Levee
Maintenance District are hereby abandoned.
2. That it is the intention of said City Council to create a
maintenance district pursuant to the provisions of Chapter 26, Part 3,
Division 7 of the Streets and Highways Code, being Sections 5820 et. seq.
thereof, for the purpose of bearing the expense of maintaining and oper-
ating all equipment and facilities necessary for the maintenance of the
levee along the outer bay perimeter of the properties within the boundaries
of said East San Rafael Drainage Assessment District No. 1, and for the
maintenance of all drainage facilities located within the boundaries of
said assessment district, including the cost of necessary repairs, replace-
ments, fuel, power, electrical current, care, supervision and any or all
other items necessary for said purpose; that the expenses thereof shall
be assessed upon the land only lying within said assessment district to
be benefited by and to be assessed to pay the cost of the construction of
improvements in said assessment district; that the area to be assessed is
as shown on that certain map entitled, "Boundary Map of Drainage Mainten-
ance District, East San Rafael Drainage Assessment District No. 1, City
of San Rafael, County of Marin, California", on file in the office of the
City Clerk of the City of San Rafael; that the amounts so assessed are to
be levied and collected in the same manner and by the same officials as
taxes for City purposes are levied and collected; that the boundaries of
the Drainage Maintenance District are more particularly described as fol-
lows:
Real property situate in the City of San Rafael, County of Marin, State of California,
described as follows:
BEGINNING at the most southerly corner of the "Reversion to Acreage of a portion of
the Map of East San Rafael" recorded in Book 11 of Maps at page 90, Marin County
Records; thence along the southerly boundary of said map (11 Maps 90) North 5749135"
West, 470. 44 feet, and thence South 50'14100" West, 155. 41 feet to the Northerly
boundary of "Francisco Blvd". (State Highway 69); thence along said northerly boundary
of Francisco Blvd. North 39046100" West, 2160. 81 feet; thence northerly along a
curve to the right whose center bears North 5014'00" East, having a radius of
1673. 00 feet through a central angle of 1 °22'51" for a distance of 40. 32 feet; thence
leaving said northerly boundary of Francisco Blvd. South 50°14'00" West, 333. 35 feet
to the intersection of the courses called "N 38032142" W, 387. 95' " and "S 51 °27'18" W,
130. 34' " as shown on that certain Record of Survey of a portion of Sections 2, 3, 10 & 11,
T. 1 N, R. 6 W., "Mount Diablo Meridian, San Rafael, Calif., recorded September 17, 1969
in Book 8 of Surveys, at Page 76, Marin County Records-; thence along the boundary of
said survey (8 O. S. 76) North 40°50'46" West, 396. 18 feet to a point on the Southeasterly
line of Simms Street; thence southwesterly along the line of said Simms Street and the
boundary of said survey (8 O. S. 76) South 61'50'00" West, 136. 35 feet; thence South
88°44'00" West, 169. 43 feet; thence South 77*05'00" West, 77.05 feet; thence South
b0"4G'00" West, 8383 feet; thence South 58`0500" "vilest, 54. 04 feet to the most
northerly corner of the parcel of land described in the Deed from Joseph Joaquin to
Edward J. Grady, et al recorded April 27, 1953 in Book 802 of Official Records at
page 308, Marin County Records; thence leaving said Simms Street along the exterior
boundary of said Grady property (802 O. R. 308) and the boundary of said survey
(8 U. S. 76) South 50'34'00" East, 69L. 21 feet; thence South 3903010011 West, 339. 5 9 feet;
thence North 50"34'00" West, 865. 67, feet to the most westerly corner said
Grady property (802 U. R. 308); thence leaving said Grady property along the boundary
of .said survey (8 U. S. 76) South 72*02.' 00" West, 44. 31 feet; thence South 39`44'00"
West, 22. 53 Leet; thence leaving said survey boundary (0' O. S. 76) along the last
named course South 3544100" West, 91. 04 feet to the most northwesterly corner of the
land described in Deed from Scenic Investment Company, Inc. , a corporation, to
-2-
Dino Ghilotti, et al, recorded September 15, 1961 in 13ook 1497 of Official Records, at
page 448, Marin County Records, said corner being on the easterly line of Jacoby Street;
thence along said easterly line of Jacoby Street and the westerly boundary of said
Ghilotti property (1497 O.R. 448) South 47°19'00" East, 30.80 feet; thence South
30°53'00" East, 179. 50 feet; thence South 11 °14'00" East, 753.41 feet; thence
leaving said easterly line of Jacoby Street and the westerly line of said Ghilotti
property (1497 O. R. 448) South 62°14145" West, 62. 58 feet to a point on the south-
easterly line of the Northwestern Pacific Railroad (24 Deeds 22); thence along said
southeasterly line (24 Deeds 22) South 7°46'00" West, 222. 84 feet; thence along a
curve to the right whose center bears North 82'14100" West, having a radius of
868. 64 feet through a central angle of 31'26'00" for a distance of 476.55 feet; thence
South 39012'00" West, 626. 70 feet; thence leavine said southeasterly
line (24 Deeds 22) along the line described in Book 1792 of Official Records, at Page
629, Marin County Records, the following courses and distances: South 56'56'00" East,
238.40 feet. North S9'26100" East, 658. 77 feet; North 86051'00" East, 150.00 feet;
South 22'30'00" East, 577. 1L feet; South 65'04'00" Easc, 412, b9 feet; South
46'41'00" East, 535. 64 feet; South 52011100" East, 783. 00 feet; South 81055'00" East,
840. 50 feet; South 72'16'00" East 186. 90 feet; South 55'21'00" East, 172. 30
feet and South 80'26100" East, 716. 24 feet to a point on the westerly line of Sir
Francis Drake Blvd. , said point being the southeasterly corner of the County of
Marin parcel recorded in Book 2374 of Official Records, at Page 84, Marin County
Records; thence along the easterly line of said County parcel (2374 O.R. 84)
and the westerly line of Sir Francis Drake Blvd. North 16'34'42" East, 148.89
feet to the most northeasterly corner of said County parcel (2374 O. R. 84); thence
leaving said County parcel (2374 O. R. 84) along the line described in Book 1052 of
Official Records at Page 7, Marin County Records, along a curve to the right whose
center bears South 73'25118" East, having a radius of 190. 00 feet through a central
angle of 79°31'06" for a distance of 263. 69 feet; thence North 63054105" East, 54.84
feet; thence North 29'43'00" East, 261. 26 feet to a point on the southerly boundary
of said "Francisco Blvd"; thence leaving said southerly boundary and line (1052
O. R. 7) North 44'20'00" East, 195. 03 feet to a point on the nurthcrly boundary of
"Francisco Blvd."; thence along said northerly boundary southeasLeriy along a
curve to the left whose center bears No.rth 50'14'00" East, having a radius of 1473.00
feet through a central angle of 12'41'18" for a distance of 326.20 feet, and thence South
52'27'18" East, 246.41 feet to a point from which the Southwest corner of Loi 17,
Section 11 TIN, R6W, M. D. M. bears South 0'04100" West, 51. 60 feet (called South
1017118" West in Volume 2107 of Official Records at Page 228, Marin County Records);
_thence leaving Francisco Blvd. and continuing along the exterior boundary of 2107
O. R. 2.28, the following courses and distances: North 37' 32' 42" East,
210. 00 feet ( Called North 38'46" East in 2107 O.R. 228); thence North
52027118" West, 246.41 feet ( called North 51' 14' West in 2107 O.R.
228), and thence northwesterly along a curve to the right, tangent to the preceding
course, having a radius of 1263. 00 feet through a central angle of 8'38'29" for a
distance of 190.49 feet to the boundary of the lands of Haskell Norman, described in
Volume 1738 of Official Records at Page 650, Marin County Records; thence along
t he exterior boundary of said Norman parcel (1738 O. R. 650) the following courses
and distances: North 37' 32'42" East, 1053. 61 feet (called North 38'46' East in 1738
O. R. 650); thence South 52'27'18" East, 288. 01 feet (called South 51'14' East in
1738 O. R. 650) to the easterly line of Lot 17, Section 11 TIN, R6W, M. D. M. ; thence
along said easterly line South 0'04100" West, 138. 00 feet (called South 1017'18" West
in 1738 O. R. 650),; thence leaving said easterly line South 89'56'00" East, 660. 00 feet
(called South 88'42'42" East, in 1738 O.R. 650); thence Nuech 0'04'00" EasC, 302.09
feel. to the northeast corner of Lot 24, Section 12 TIN, R6W, M. D. M. ; thence
North 0=04'00" East 204. 15 feet, and thence North 51 "07'26" West 707. 56 feet to a
point on the exterior boundary of the "Record of Survey of a portion of Section 2 and
-3-
Section 11, TIN, R O' W, Mount Diablo Meridian', recorded April 9, 1969 in 13ooK b
of Surveys at page 28, Marin County Records; thence leaving said Norman boundary
,and continuing alunb said exterior boundary of 8 Surveys 28 the following courses
and distances: forth 14°13'37" West, 2466. 55 feet; thence North 89°56'00" West
20+,. 39 :eet; t: once North 14°1 3'37" West, 750. 00 feet; thence South 79°25'00" West,
2%15.94 feet,; thence North 78°02'00" West, 44. 14 feet; thence South 18°52'00" Eas;,
2%:.52 feet; thence South 9°30'00" East, 783.24 feet; thence South 14°31'00" East,
1240.29 feet, and thence South 24°01'00" East, 190.. 00 feet to the point of beginning.
3. That Mondav, the 15th day of Mav, 1972, at the hour of
8:00 P.M. of said day, at the meeting place of the City Council of the
City of San Rafael, located at the Council Chambers, 1400 Fifth Avenue, San
Rafael, California, is hereby fixed as the time and place for hearing
protests with relation to the proposed formation of the Drainage Mainten-
ance District; that any person interested in objecting to the formation
of said Drainage Maintenance District or to the extent of said maintenance
district, may file written protest with the City Clerk of the City of San
Rafael at or before the time herein fixed for hearing. All protests must
be in writing and addressed to the City Clerk, City of San Rafael, 1400
Fifth Avenue, San Rafael, California; and
BE IT FURTHER RESOLVED that the City Clerk of the City of San
Rafael be, and she is hereby, directed to publish a copy of this Resolu-
tion of Intention pursuant to Section 6066 of the Government Code of the
State of California, the first of which said publications shall be at
least twenty (20) days prior to the date herein set for hearing of pro-
tests; and
BE IT FURTHER RESOLVED that the City Clerk of the City of San
Rafael be, and she is hereby, directed further to cause copies of this
Resolution of Intention to be posted on all of the open streets within
the district described in this Resolution of Intention at not more than
three hundred (300) feet apart on each street so posted in accordance
with the requirements of Sections 10302 and 10303 of the Municipal Improve-
ment Act of 1913; and
BE IT FURTHER RESOLVED that copies of this Resolution of Inten-
tion shall be mailed, postage prepaid, to all persons owning real prop-
erty to be assessed whose names and addresses appear upon the last equalized
assessment roll for taxes, or are known to the City Clerk.
-4-
I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the City of San Rafael,
Marin County, California, at a regular meeting thereof held on the
3rd day of April, 1972, by the following vote, to wit:
AYES: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
-5-
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
d