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Home My WebLink AboutPW Jacoby Street Vacation____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 2-4-43 Council Meeting: 07/15/2019 Disposition: Resolution 14709 Agenda Item No: 6.c Meeting Date: July 15, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Josh Minshall, Associate Civil Engineer City Manager Approval: ______________ TOPIC: VACATE A PORTION OF JACOBY STREET SUBJECT: A RESOLUTION TO ORDER VACATION OF PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA RECOMMENDATION: Hold a public hearing and adopt a resolution to order the vacation of portions of Jacoby Street. BACKGROUND: Prior to 1984, a portion of Jacoby Street existed as a paper street through what is currently Marin Sanitary Service (MSS) property. A paper street is designated on a recorded document but is not necessarily constructed as a roadway. Paper streets are set up based on the original subdivision of the properties and also allows utilities to provide services within these areas. In this case, the alignment of Jacoby Street was part of an historic route following the grade near the bottom of the hillside to connect towards San Quentin, prior to the construction of Highway 580. The underlying property is owned by Marin Sanitary Service (MSS) and the paper street is an easement across that property originally intended to provide access and utilities to adjacent properties. The subsequent installation of Andersen Drive through this area of San Rafael has provided more direct access to the area, making the portion of Jacoby Street through MSS superfluous. In 1984, the City of San Rafael vacated half the width of Jacoby Street through MSS property per Resolution No. 6780. Vacating the entire roadway was not pursued at that time based on requests from utility companies who used to maintain facilities within a portion of the existing paper street. In 1993, the conditions of approval for MSS’s Use Permit 92-7 noted that the remainder of Jacoby Street should be abandoned from the westerly property line of AP 18-143-06 (now AP 18-180-72) to Jacoby Street’s easterly terminus. City Use Permit 96-8 confirmed this condition of approval. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 In 2012, as part of its preparation to amend its Use Permit, MSS requested that the City move forward with the vacation process for the paper street section of Jacoby Street located within MSS property. The portion of Jacoby Street to be abandoned is shown and described on Exhibit A of Attachment 1. In 2015 the San Rafael City Council adopted Resolution 13976, amending the MSS Use Permit (Master Use Permit 09-020 and Environmental Design Review Permit ED09-031), which included lot consolidation. As part of Condition 25 of ED09-031 the applicant was required to submit documents and a deposit for vacating this portion of Jacoby Street. The abandonment process, referred to as a general vacation, is set forth in the California Streets and Highways Code, Sections 8320-8325. The following steps are intended to meet the process requirements: 1. Notify and receive confirmation from utilities. 2. Adopt a Resolution of Intent. 3. Post notices of the public hearing on the property to be vacated. 4. Conduct a public hearing. Utilities were previously notified on June 23, 2015 of the proposed vacation. Objections were received from MMWD, PG&E and SRSD, based on their existing or potential infrastructure within Jacoby Street. Following these objections, MSS has coordinated and prepared easements to address each objection (Attachment 2 and 3). Another set of notifications was sent May 15, 2019 to confirm that remaining objections have been withdrawn. On June 17, 2019 a resolution of intent was passed at the regular City Council meeting and the hearing date was set for July 15, 2019. As required by the process outlined above, notice was printed in the Marin Independent Journal for two successive weeks prior to the hearing (Attachment 2), and physical postings were placed along Jacoby Street. ANALYSIS: The historic purpose of Jacoby Street was to connect the City of San Rafael to San Quentin and also provided access to properties as they developed. However, this portion of Jacoby Street has not been utilized by the City since the completion of Highway 580 and Andersen Drive. As referenced in the background, the abandonment was a condition of the Master Use Permit, and the underlying property is currently owned by MSS. Vacation would not be a grant of City-owned property, but rather the City would be relinquishing the right to construct a roadway or utilities in the remaining alignment. Therefore, this would not be considered a special benefit to MSS, but fulfillment of the conditions imposed as part of the approval of the Master Use Permit. Staff believes it is appropriate to move forward with vacating this section of Jacoby Street as requested by MSS and as noted in the conditions of approval for MSS. MSS has utilized these lands as part of their site operation and have installed a gate at the westerly end of their site on Jacoby Street, to secure their operations and demarcating the City’s maintenance limit. Staff has provided notification to utility companies of the City’s intent to vacate this property. Utilities are encouraged to contact the property owner to secure independent easements for their facilities and it is staff’s understanding that the Marin Municipal Water District (MMWD ) is pursuing such an easement with MSS. MMWD has sent the City a letter indicating that their prior request to not vacate the existing portion of Jacoby Street has been withdrawn (Attachment 3). An easement has been proposed for PG&E regarding their existing facilities. Similarly, a separate easement has been proposed for the San Rafael Sanitation District (SRSD). These easements are SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 shown and described in Attachment 3. The City is not obligated to halt the vacation process, but as a courtesy, staff has coordinated this effort with utilities, and they have secured easements with the property owner. At this time, the City is asked to hold a public hearing to consider vacating a portion of Jacoby Street and to take action if approved. Staff recommends that the City Council adopt the resolution as presented, to vacate a portion of Jacoby Street and authorize recordation of the resolution in the Official Records of Marin County, to finalize the vacation. FISCAL IMPACT: There is no fiscal impact associated with this item. Staff costs associated with this action will be reimbursed by MSS per the use permit conditions. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented. 2. Adopt the resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Hold a public hearing and adopt a resolution to vacate a portion of Jacoby Street. ATTACHMENTS: 1. Resolution, with Exhibit A: Legal Description and Plat 2. Notice of Public Hearing 3. MMWD Letter withdrawing a request for reservation Oct. 2, 2018. 4. Proposed easements, with Exhibit B for PG&E and Exhibit C for SRSD 1 RESOLUTION NO. 14709 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO ORDER VACATION OF PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA WHEREAS, prior to 1984, a portion of Jacoby Street existed as a paper street through what is currently Marin Sanitary Service (MSS) property, originally forming a part of an historic route towards San Quentin, prior to the construction of Highway 580; and WHEREAS, the subsequent installation of Andersen Drive through this area of San Rafael has provided more direct access to the area, making the portion of Jacoby Street through MSS superfluous; and WHEREAS, in 1984, the City of San Rafael vacated half the width of Jacoby Street through MSS property per Resolution No. 6780. Vacating the entire roadway was not pursued at that time based on requests from utility companies who used to maintain facilities within a portion of the existing paper street; and WHEREAS, in 1993, the conditions of approval for MSS’s Use Permit 92-7 noted that the remainder of Jacoby Street should be abandoned from the westerly property line of AP 18-143-06 (now AP 18-180-72) to Jacoby Street’s easterly terminus. City Use Permit 96-8 confirmed this condition of approval; and WHEREAS, in 2012, as part of its preparation to amend its Use Permit, MSS requested that the City move forward with the vacation process for the paper street section of Jacoby Street located within MSS property. The portion of Jacoby Street proposed for abandonment is shown and described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, in 2015 the San Rafael City Council adopted Resolution 13976, amending the MSS Use permit. As a condition of approval, the City required the applicant to submit documents and a deposit for vacating the remaining portion of Jacoby Street on MSS property; and WHEREAS, it appears that that portion of Jacoby Street shown in Exhibit A, lying southwesterly of Andersen Drive and southeasterly of Simms Streets, is unnecessary for present or prospective public purpose; and WHEREAS, MSS has prepared separate easements for the benefit of the Marin Municipal Water District, Pacific Gas and Electric, and the San Rafael Sanitation District; and 2 WHEREAS, in June 2019 the San Rafael City Council adopted Resolution 14687, noticing the intention to order vacation of portions of Jacoby Street and setting a hearing date for the 15th of July 2019; and WHEREAS, notice has been published and posted pursuant to California Streets and Highways Code sections 8322 and 8323; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. That the City Council hereby elects to proceed under the General Vacation provisions of the Public Streets, Highways, and Service Easements Vacation Law (Sts. & Hwys Code §§8320-8325). 2. The easements requested for reservation by Marin Municipal Water District, Pacific Gas and Electric, and San Rafael Sanitation District shall be recorded by the property owner to the satisfaction of the easement holders. 3. That the City Council hereby orders vacation of the portion of Jacoby Street shown on and described in Exhibit “A”. 4. The City Clerk is directed to record a certified copy of this resolution in the Official Records of the County of Marin, and the vacation will become effective upon such recordation. I, LINDSAY LARA, 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 City Council of said City on the 15th day of July 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None _____ LINDSAY LARA, City Clerk OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 1 LEGAL DESCRIPTION JACOBY RIGHT OF WAY VACATION TO MARIN SANITARY SERVICE All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the most easterly corner of Parcel E as described in the Lot Line Adjustment document recorded by document serial 97-056783, Marin County Records, point being the on the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road; thence along said centerline North 57°15’ West 20.46 feet; thence North 81°32’ West 204.80 feet; thence South 69°54’ West 203.50 feet; thence South 72°59’ West 116.60 feet; thence North 84°06’ West 384.90 feet; thence North 66°49’ West 92.20 feet; thence North 52°28’ West 245.10 feet; thence North 43°10’ West 176.80 feet; thence North 12°13” West 406.10 feet; thence North 48°36’ West 95.60 feet to the Southeasterly corner of Parcel 2 as shown on that Parcel Map titled, “Parcel Map, Lands of Quail Hill Inc.” recorded in Book 15 of Parcel Maps at page 38, Marin County Records; thence continuing along said right-of-way centerline being common to the Southerly line of said Parcel 2, North 77°03’ West 116.70 feet; thence South 80°21’ West 163.00 feet; thence North 69°37’ West 82.00 feet; thence North 49°32’ West 70.51 feet to the most Westerly corner of said Parcel 2; thence leaving the line of said right-of-way along the boundary common to said Parcel 2 and Parcel 1 as shown on said Parcel Map (15 PM 38), North 38°26’50” East 30.02 feet to a point on the Northeasterly boundary of Parcel A as shown on said Parcel Map (15 PM 38); thence along the boundary of said Parcel A, North 49°32’ West 31.52 feet; thence North 36°08’ West 193.38 feet; thence North 70°35’ West 87.46 feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel A (97-056783), North 70°35’ West 268.82 feet; thence North 57°09’ West 131.46 feet; thence North 43°01’ West 88.09 feet to the Westerly corner of said Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 95.53 feet; thence South 57°09’ East 145.96 feet; thence South 70°35’ East 149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel C, South 70°35’ East 105.69 feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet South of the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road, South 70°35’ East 89.55 feet; thence South 36°08’ East 181.82 feet; thence South 49°32’ East 115.45 feet; thence South 69°37’ East 95.36 feet; thence North 80°21’ East 165.05 OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 2 feet; thence South 77°03’ East 103.10 feet; thence South 48°36’ East 78.14 feet; thence South 12°13” East 404.55 feet; thence South 43°10’ East 187.55 feet; thence South 52°28’ East 251.32 feet; thence South 66°49’ East 100.54 feet; thence South 84°06’ East 395.54 feet; thence North 72°59’ East 123.49 feet; thence North 69°54’ East 196.67 feet; thence South 81°32’ East 190.71 feet; thence South 57°15’ East 9.41 feet to the Easterly boundary of said Parcel E (97-056783); thence leaving the line offset 30 feet South of the centerline of the 60’ right-of-way (formerly known as the San Rafael-San Quentin Toll Road) along the boundary of said Parcel E, North 41°27’18” East 30.35 feet to the point of beginning. pab:leo PARCEL A A.P. 18-180-72 PARCEL B A.P. 18-180-73 I RIGHT-OF-WAY .___ ____ __,_ VACATION AREA 0 400' BOO' SCALE: 1 11 -400' PARCEL E A.P. 18-180-76 JACOBY STREET RIGHT-OF-WAY VACATION PARCEL CONVEYED FROM THE CITY OF SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. NOVATO, CA {415)897-2800 JOB# 10-121 1of5 ANDERSEN DRIVE N57"15'W 20.46' ----------------------------r-------,--1 P.0.8. I I I I I 101 1-IW w 1z W_J :r: (/) l:r: wl~ wl<: (/) ~ I 176.80' N43°10'W S4.3~l 187,55 I RIGHT-OF-WAY L-----------'· VACATION AREA 0 200' 400' SCALE: 1 11 -200' PACIFIC ~ &: ELECTRIC CO. PARCEL E A.P. 18-180-76 N41 ·27' 18"E 30.35' 557·15'[ 9.41' JACOBY STREET RIGHT-OF-WAY VACATION PARCEL CONVEYED FROM THE CITY OF SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. NOVATO, CA {415)897-2800 JOB# 10-121 2of5 PARCEL A A.P. 18-180-72 PARCEL B A.P. 18-180-73 I RIGHT-OF-WAY .___ _____ __,_ VACATION AREA 0 200' 400' I I SCALE: 1 11 -200' PARCEL C A.P . 18-180-74 PARCEL E A.P. 18-180-76 176.BO' N4J·isrw ~iJ;w;~ JACOBY STREET RIGHT-OF-WAY VACATION PARCEL CONVEYED FROM THE CITY OF SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. NOVATO, CA {415)897-2800 JOB# 10-121 3of5 NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing to consider a Resolution vacating a portion of Jacoby Street. Pursuant with the State of California Streets and Highways Code Sections 8320-8325, the Resolution would order the vacation of a portion of Jacoby Street, approximately from the westly line of Marin Sanitary Service property (APN 18-180-72) which is about 1500 feet southeasterly from the intersection of Simms Street and Andersen Drive to the eastly terminus at Andersen Drive. The area is more specifically described in Exhibit “A” on file with the City Clerk, also available from the City website, and posted on-site. DATE/TIME/PLACE: Monday, July 15, 2019 at 7:00 PM City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael. WHAT WILL HAPPEN: You may comment on the proposed vacation. The City Council will consider all public testimony and will then decide whether to approve the resolution to order vacation of the portion of Jacoby Street. IF YOU CANNOT ATTEND: You may send a letter to Lindsay Lara, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. FOR MORE INFORMATION: You may contact Josh Minshall, Associate Civil Engineer at (415) 485-3158, Department of Public Works, 111 Morphew Street, San Rafael, CA San Rafael City Council Lindsay Lara, City Clerk SAN RAFAEL THE CITY WITH A MISSION MARIN MUNICIPAL WATER DISTRICT VIA ELECTRONIC EMAIL ali ia .guidice@cityofsam-afael .org Alicia Guidice, Senior Planner City of San Rafael 1400 Fifth A venue San Rafael CA 94901 Re: MMWD -MSS Easement Agreement, etc. APN 0 18-180-52 Dear Ms. Guidice: 220 Nellen Avenue Corte Madera CA 94925-1169 marinwater.org October 2, 2018 The Marin Municipal Water District ("District") and the Marin Sanitary Service ("MSS") have approved and executed (1) a Right of Way Agreement, and (2) a new Easement Agreement that provides the District with a new easement description for the District's future facilities. Prior to the approval of both agreements, the District reserved "the reservation of a right-of-way for District facilities," per the California Streets and Highways Code Section 8340 to maintain and operate for in-place utility facilities. Subsequent to the approval and execution of the both agreements, the District withdraws its request for the reservation of a right-of-way for District facilities, over the subject property, as referenced in Attachments 1 and 2 of this letter. Should you have any questions, please contact me by email at pmorrison@marinwater.org or by phone at 415-945-1535. Pau PM:SG:mp Attachments: ' 1. City of San Rafael letter to MMWD, dated June 23, 2015 2. MMWD letter to City of San Rafael, dated July 8, 2015 cc: Mary Casey-MMWD Counsel, Terry J. Mason-Marin Sanitary Service Counsel, Mike Ban- MMWD, Rafi Boloyan-City of San Rafael Planning, Patty Garbarino-Marin Sanitary Service t\-1AVOJ.lCi,\RYU Pillllll'S Vtt. I \-1A)'UU ANnRJ."\V ll ,·1.11 ,AN Met'! 11.1.0\Jl°il l • COlfNt~~'(~:.~~~f:L:i l~l~i~ 11~11~:~~\ :~~1~11:1,~ ( ·n11Nrit l.,IF\Uil•:H lrJ!I\J ( iM..-t11i I:'\/ PUB LIC WORKS DEPA RTM ENT : (415)485-3355 FAX (415)465-3334 t,;e vi11 M i:C,nw m,. Acting /)i 1·ect11r 11I !'11hlic· Wm·t, June 23. 2015 Kevin McDonnel Marin Municipal Water District 220 Neilan A venue Corte Madera, CA 94925 Re: Vacation of a portion or Jacoby Street -Right-of-Way Vacation Notification and Request for Review Dear Kevin, File No: 16.14 .23 and 13.02.19 -1,))14-097 The puq1ose of this letter is to notify utility owners in the vicinity of Jacoby Street, San Rafael that a portion of the Jacoby Street Righ t-of-Way is in the process of being vacated by the City of San Rafael. Utilities that would otherwise have access use this Right-ot~ Way arc being notified in order to respond to the proposal and acquire any easements, access agreements, and/or similar instrnmcnts necessary to maintain facilities . BACKGROUND : In 1984 the City vacated, by Resolution No. 6780, the northerly 30 feet or a portion of the old 60-foot road right-oJ~way (ROW) which comprises Jm.:oby Street and its former route to the San Quentin area from approximately the westerly property line of AP 18-180-59 to approximately 60 feet or Jacoby's easterly tenninus. The City's 1993 Marin Sanitary Service (MSS) Use Pennit 92-7 paragraph (4) "Abandonment of Jarnby Street" pruvided approval to extend the abandonment of Jacoby Street from the westerly properly line of AP l 8-143-06 (now AP 18-180-72) to Jacoby's easterly tt:rn1inus . City llse Penn it 96-8 confirmed the prior approval by Use Pcm1it 92-7 by including the paragraph entitled "Abandonment of Jacoby Street". In 2012, as part of it s preparation to amend its Ust: Permit, MSS requested the Public Work s Department to move forward with the abandomncnt process for the extended segment , as well as including the 30 feet southerly remainder or the 60-foot road ROW not abandoned in I 984 . FOR REVIEW: Attached are the following documents for the referenced Jacoby Street Right-of-Way Vacation: I. Legal Description 2 . Exhibits I through 3 -Vacation Plat 111 Mrnu·ro:w sr;it•.I•.I PO nox I '.'I ~llf, SA:-; il.\FA!:1. C,\ '>41JI ~-I5hII WWW c·: IY()I s,, ... t{.\FAU (IRti Review the anached information, u re~ponse is required prior to July 8, 2015 if there 111c llnJI objections. Please provide confirmation that casements have Ileen obtained to maintain access to existing facilities, if opplicable. If you have questions or commc:nts please contact me 111 415-48S-31S8or11t l11,lu 11i ,1· 1i,;'v · 11 ·•1u 0 • Very truly yours, <f--7~ Josh ~ lin ·hnll. Assistant Civil Engineer Attnchments I . Legal Description 2. Exhibits I through 3 -Vacation Plat C: Ram Boloyan, Planning Manager Kevin !v1cGowan, Acting Public Works Director Ill 'IOK,llfWSfRlll · PO Box IHI«! SIINRAF~£1. CA .,.~,,.,wJ WWW (\TYOf'SAMv\►At... 0..Cl O13ERKA[Vll'l:R & ASSO(:J1\TES CIVIi. PNGJNEERS, INC l .F,OA I, DESCRIPTION JACOBY RIGHTOI' WAY VACATION TO MARIN SA\11 l'ARY SERVICE 05-21-1•1 Job :\o. I 0-121 All that certain real property situate in the State of California. Cnunly of Marin. City of San Rafael, and more partirnlarly Jcsnibcd as follows: Being a portion ol'thc publii.: streel dcsigm1ted as Jacohy Street and rnore partil:ularly described as follows: BFCilNN IIW, AT the most easterly corner of Parcel E as described in the Lui I.int: Adju~tment document m:orded by document scrial 97-056783. Marin County Records, point being the on the centerline of lhe 60' right-ot~way formerly known as the Srn1 Rafael-San Quentin Toll Road; thence along said centerline l\orth 57° 15' West ~0.46 tee!: thence Nurlh 81 "32' West 20•1.!W fi:cl: thence S<>lllh 6()"54' West 203.50 feet; thence Soulh 72°59' We~t 116.60 feel; thcm:c North 84"06' West 38,t'IO feet; thc111.:c l\orlh 66°49' Wc~t 92.20 foct: thence l\urth 52"28' West 2·15.10 feet; thence l\urth 43" IO' West 176.80 lcct; thence North 12° 11" West 406.10 reel; thence North 4!!''](, · Vl''L•sl 95.60 ti.:ct lo the S1)UIIK·astc rly corner of Parcel 2 as ~hown on that l'arn·I tvlap tilled, "Parc..:I \,1ap, Lands of Quail Hill l11c.'' recorded in I.look 15 nf Parcel Map, at page 38, Marin (\iunty Records; th.·rH:c rnntinuing along said right-of-way centerline being common to the Southerly line of said Parcel 2, '.'forth 77°03' West 116,70 feet; thcm;e South 80°21' West 163.00 feet: thence North 69°37' Wcsl 82.00 feet; thence Nmlh 49°32' West 70.51 feet to the most Westerly .:orncr of said Parcel 2; thence leaving the line of said right-ol~way along the boum.lary common to said 1',m·cl 2 and Parcel I as shown on said Parcel \fop ( 15 PM 31!), l\nrth 38°26'50'' East 30.02 feel to a point on the Northeasterly houndary of Parcel A 11s shown on said Par(:el Map ( 15 PM 38); th<:11ce along lhe boundary or said Parcel A, \Jorlh 49"32' West 31.52 lcct; 1hcnec North 36"08' West 193.38 !eel; thence North 70''3.5' Wcst 87.46 feel lo point on the boundary uf Parcel I\ as described in said I .ot l-in1: Adjustment document (97-056781 ); thence along the boundary ol' said Parcel A (97-056783 ). North 70"35' West 268.82 rc.•t; thence North 5r09' West 131.46 lcct; them;e North 4.3"0 I· West 88.09 feet to the Westerly corner of s.iid Parcel A (97-056783 ), point being the Southerly .:orner of the prnpcrty dc~cribed in thc Grant Deed to D&M lnvc5tmcnt Properties, LLC r.·corded by document serial 2001-0089424. ~larin County Kernrds; thcn~c leaving the boundary or said Parcel i\, South 46°59' West 60.00 feet lo a point on the "Jorthcastcrly boundary of Parcel Bas described in said (,pt I.inc Adjustmcnt document (97-05t,783); thence a lung said Northenslcrly houndary of Parcel B, South 43°01' Last 95j3 feel; thence South 57"09' East 145.96 let.:!; thence South 70°3:'i' Last 149.50 feet lo lhc Northwc~tcrly corner of Parcel C as described in said Lot Lim: Adjustment document (97-056783); them:c along the buund:1ry of said Parcel C, South 70°35' East 105.69 fret; thence lt:aving the houndury of ~aid Pnrcel C and conlinui11g along a li11e offact 30 ft.:cl South of the centerline of the 60' right-of-way formerly known as the San Rafael-San Quentin Toll Road. South 70"35 · East 89.55 ti:et; thence South 36°08' East 181.82 feet: thence South 49°32' East 115.45 feet; thence South 69''37' East 95.36 feel; them.:c North 80"21' East 165.05 OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC 05-21-14 Job No. 10-121 feet; thence South 77°03' East I 03. IO feet; thence South 48°36' East 78.14 feet: thence South 12° 13" East 404.55 feet; thence South 43° 10' East 187.55 feet; thence South 52°28' East 251 .32 feet; thence South 66°49' East 100.54 feet; thence South 84°06' East ]95.54 feet; thence North 72°59' East 123.49 feet; thence North 69°54' East 196.67 feet; thence South 81 °32' East 190.71 feet; thence South 5 7° 15' East 9.41 feet to the Easterly boundary of said Parcel E (97-056783); thence leaving the line otlset 30 feet South of the centerline of the 60' right-of-way (formerly known as the San Rafael-San Quentin Toll Road) along the boundary of said Parcel E, North 41 °27' 18" East 30.35 feet to the point of beginning. pab:leo 2 PARCEL A A.P. 18-180-72 I I RIGHT-OF-WAY '-·-------'·VACATION AREA 0 400' 800' SCA LE: 1 "= 400 1 PARCEL E A.P. 18-180-76 \.+ ' JACOBY STREET RIGHT-OF-WAY VACATION PARCa CONVEYED FROM THE CITY Of SAN RAFAEL TO ~IN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOOAilS OVIL ENONEERS INC NOVATO, CA ( 415)897 -2800 JOBI 10-121 1of3 17680" N•s,_o~w 54.J"· 11>· __ 18"7 .55 RIGHT -OF-WAY 1...-_____ _j VACATION AREA 0 400' 800' SCALE: 1 ''= 400' ANDERSEN ORNE PACIFIC GAS • E1.£CTRIC CO. PARCEl. E A.P. 18-180-76 ~. ' JACOBY STREET RIGHT-Of.WAY VACATION PARCEL CONVEYED FROM lHE CfTY Of SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES OVIL ENCINEERS INC NOVATO, CA (415)897-2800 JOB# 10-121 2of3 ii PARCEL A A.P. 18-180-72 S43•-01 '::' 95.53 · PARCEL 8 A.P. 18-180-73 I I RIGHT-OF-WAY ..... _____ __._ VACATION AREA 0 200' 400' SCALE: 1 "= 2 00' PARCEL C A.P. 18-180-74 PARCEL E A.P. 18-180-76 176,80' ~3·10-w s1~3j _1£f "· ' JACOBY STREET RIGHT-OF-WAY VACATION PARCEL CONVEYED FROM THE CITY Of SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CML ENGINEERS INC NOVATO, CA (415)897-2800 JOBI 10-121 3of3 MARIN MUNICIPAL WATER DJSTltJCT John Minshall City of San Rafael Public Works Dept. P.O. Box 151560 San Rafael, CA 94915 RE: WATER AVAILABILITY-Right-of-Way Vacation Location: Jacoby St., San Rafael Dear Mr. Minshall: July 8, 2015 Thank you for the opportunity to review the proposed vacation of a portion of the Jacoby Street right-of-way. The Marin Municipal Water District (District) requests per Section 8340 et. Seq. of the California Streets and Highway Code, "the reservation of a right-of-way for District facilities." The District anticipates using the right-of-way for future water transmission fadlities. In addition, as a result of the proposed vacation, the District intends to abandon all water facilities outside of the public right-of-way. A service will be Installed at the new terminus of the water main within the Jacoby Street right-of-way. All costs associated with the service installation and property quitclaim are borne by the applicant. Please advise the applicant to contact the Distrct to make financial arrangements for the necessary work. If you have any questions regarding this matter, please contact me at (415) 945-1532. """'~ ~<) 2%/4. Joseph Eischens Senior Engineering Technician JE:cb cc: City of San Rafael Building Dept City of San Rafael Fire Dept. 1039 C St. San Rafael, CA 94901 OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 1 LEGAL DESCRIPTION PG&E EASEMENT All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 95.53 feet; thence South 57°09’ East 145.96 feet; thence South 70°35’ East 149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel C, South 70°35’ East 105.69 feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet South of the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road, South 70°35’ East 89.55 feet; thence South 36°08’ East 181.82 feet; thence South 49°32’ East 54.87 feet to a point on the Northeasterly boundary of Parcel C; thence along the boundary of said Parcel C, North 15°02’ East 33.73 feet; thence leaving the boundary of said Parcel C, North 38°26’50” East 30.02 feet to a point on the Northeasterly line offset 30 feet North of the centerline of the 60’ right-of-way; thence along the Northeasterly line offset 30 feet North of the centerline, North 49°32’ West 31.52 feet; thence North 36°08’ West 193.38 feet; thence North 70°35’ West 87.46 feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel A (97-056783), North 70°35’ West 268.82 feet; thence North 57°09’ West 131.46 feet; thence North 43°01’ West 88.09 feet to the point of beginning. PARCEL A A.P. 18-180-72 S43•~01~'E~~~~~~- 9S ,53• PARCEL B A.P. 18-180-73 l \\\\\\\\\l PG&E EASEMENT 0 100 1 200 1 SCALE: 1 ,,_ 100' PARCEL C 31.52' N49'32'W A.P. 18-180-74 A.P. 18-180-76 JACOBY STREET PG&E EASEMENT 33.73' N15'02'E PARCEL CONVEYED FROM THE CITY OF SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. NOVATO, CA {415)897-2800 JOB# 10-121 4of5 OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 2 LEGAL DESCRIPTION SAN RAFAEL SANITATION DISTRICT EASEMENT All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 50.00 feet; thence leaving the boundary of said Parcel B, North 46°59’ East 60.00 feet to point on the Southwesterly boundary of Parcel A; thence along said Southwesterly boundary of Parcel A, North 43°01’ West 60.00 feet to the point of beginning. 0 so .a· N4so1 ·w 100 1 PARCEL A A.P . 18-180-72 PARCEL B A.P. 18-180-73 200 1 SCALE: 1 ,,_ 100' PARCEL C A.P. 18-180-74 A.P. 18-180-76 JACOBY STREET SAN RAFAEL SANITATION DISTRICT EASEMENT PARCEL CONVEYED FROM THE CITY OF SAN RAFAEL TO MARIN SANITARY SERVICE MARIN COUNTY, CALIFORNIA OBERKAMPER & ASSOCIATES CIVIL ENGINEERS INC. NOVATO, CA {415)897-2800 JOB# 10-121 5of5 Utility Distribution Easement (11/18)—Modified 11/4/19 RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, NIDA, Room 101$ P.O. Box 770000 San Francisco, California 94177 Location: City/Uninc Recording Fee Document Transfer Tax $ [ ] This is a conveyance where the consideration and Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax 'Y of Document Recorded A. 00M 5 -Dec -2019 2019-004.0228 Has not been cornpared with original MARIN COUNTY RECORDER I {)'-?� - (SPACE ABOVE FOR RECORDER'S USE ONLY) LD#2401-06-10084 EASEMENT DEED MARIN SANITARY SERVICE, a California corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, situate in the City of San Rafael, County of Marin, State of California, described as follows: The parcel of land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and out down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal fegulations. Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities. Grantor shall not place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. Utility Distribution Eascm%!nt (11!13) Modilicd 1114/19 Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom. The provisions 111rreof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: MARIN SANITARY SERVICE, a California corporation By Name and Title M C" o. b) Name and Title Attach to LD: 2401-06-10084 Area, Region or Location: 7 Land Service Office: Santa Rosa Line of Business: Gas Distribution (53), Electric Distribution (43) Business Doc Type: Easements MTRSQ: 24.01.06.11.44, 2=1.01.06.11.43, FERC License Number: NA PG&E Drawing Number: NA Plat No.: TT3312,2985-C8 LD of Affected Documents: LD of Cross Referenced Documents: 2401-06-2150,2401-06-2556,2401-06-2680,2401-06-2112 Type of interest: Electric Pole Line Easements (3), Electric Underground Easements (4), Gas and Pipeline Easements (5) SBE Parcel: NA % Being Quitclaimed: NA Order or PM: 41964623 JCN: NA County: Marin Utility Notice Number: NA 851 Approval Application No: NA ;Decision: NA Prepared By: 7-XL8/KXJM Checked By:(� f '�� Approved By:: NA NA A)'Q . Revised by: NA (NA) S:\GenlSves\Land\Abandonments\MARIN\Jacoby Street, San Rafael OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC EXHIBIT A LEGAL DESCRIPTION PG&E EASEMENT 11-01-19 Job No. 10-121 All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a former portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A of the Lot Line Adjustment Document 97- 056783, said point bearing North 4°11'35" West 51.29 feet from a found standard street monument as shown on the "Record of Survey, Monuments on Jacoby Street", Book 17 of Surveys at page 66, and being the Southerly comer of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59' West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01' East 95.53 feet; thence South 57109' East 145.96 feet; thence South 70135' East 149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment document (97- 056783); thence along the boundary of said Parcel C, South 70135' East 105.69 feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet South of the centerline of the 60' right-of-way formerly known as the San Rafael -San Quentin Toll Road, South 70°35' East 89.55 feet; thence South 36°08' East 181.82 feet; thence South 49°32' East 54.87 feet to a point on the Northeasterly boundary of said Parcel C; thence along the boundary of said Parcel C, North 1.5°02' East 33.73 feet; thence leaving the boundary of said Parcel C, North 38°26'50" East 30.02 feet to a point on the Northeasterly line offset 30 feet North of the centerline of said 60' right-of-way; thence along the Northeasterly line offset 30 feet North of the centerline, North 49°32' West 31.52 feet; thence North 36°08' West 193.38 feet; thence North 70°35' West 87.46 feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel A, North 701135' West 268.82 feet; thence North 57°09' West 131.46 feet; thence North 43 °O1' West 88.09 feet to the point of beginning. Basis of Bearings is South 49029105" East 68.28 feet between found monuments established by"Record of Survey, Monuments on Jacoby Street", Book 17 of Surveys at page 66, and as shown on exhibit B. X w t N� h0 Q io u7 Nqp ACi bo dam. % WT Qpdo, N^UU ! -- �'" � N Z - N w z U'�-o i ; cny) w I..Li W �- ,.�. o dc� m t� � M ¢ id W M Con m Q z09 W5 ¢a w v V O p c0 >- LLJ —N (JJ Z a z �I: U) 00 W towtows m o �v 0-W co �._ U. W 1 Q I_!J aD o m. �; , OD �t C7 0 CO W — a W z m C.) a r. �• o `' cr �P W CL Nr uw. m J d p O ? c3 4 0. �?' `flsr2 v�'on cot.. N ` (of z W m 100 W 0W 0 N W z co WW Sao zo z a g a `too m :W � W % a� oe WcWa F- CL W o zzchila0)e��cjnm CO U) O ��T NNN a� �Ln 7- N od , W C~ r, a0. o 3 w v7 a Wz yo oo m O t- z � o M.69.9$6g 0 90-E+ l -9 L WV .0.09 �3 Q • Z$,69-1002 ON ooa r o ttdOw�a 19 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this'certifncate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal ifornia County of On _ ��=�1t'tz- Q.p, p before me, /t/ Y -* Notary Public, ]nsen name personally appeared c rU G -9l -f 6,-xl �o4.0/N to who proved to me on the basis of satisfactory evidence to be the persoq�s�whose narrigo is/nresubscribed to the within instrument and acknowledged to me that he�slt-eLthdy executed the same in histh /thdrr authorized capacity04tsT, and that by his/„haftbeir signature((s�rbn the instrument the personK,, or the entity upon behalf of which the persortKacted, 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. ....t; K:„Yr++.-��w':su 'i•.r'a.w!4..�a.i�.''wi�rLr� M. SARK-, Lam'. • �; Notary Public • California . i.rtw'ti j �;k D : WITNESS my hand and official seal. Mann County Z z `i% Commission # 2166101 My Comm. Expires Oct 24, 2020 (Seal) Signature of Notary Public CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for onese I f/themse Ives [►']Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attomey(s)-in-Fact of the above named Principal(s) [ ] Other Y of Document Recorded 2:+1PM 5 -Dec -2019 2019-0040229 Has not been compared with original MARIN COMM'RECORDER RECORDER Record without Fee per G.C. 27383 RECORD AT THE REQUEST OF: SAN RAFAEL SANITATION DISTRICT WHEN RECORDED MAIL TO: San Rafael Sanitation District I l l Morphew Street San Rafael, CA 94915-1560 APN: Former Jacoby Street SPACE ABOVE THIS LINE FOR RECORDER'S USE Value Less than $100.00 EASEMENT DEED FOR VALUE RECEIVED, Marin Sanitary Service, a California Corporation, as Grantor, hereby grants to San Rafael Sanitation District, Marin County, California, a public entity, as Grantee, the following sanitary sewer easement, situate in the County of Marin, State of California, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. TO HAVE AND TO HOLD SAID EASEMENT for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said District, together with the right of ingress and egress. Grantors reserve the right to landscape or make such other use of the lands included within the easement which is consistent with Grantee's use, however such use by the Grantor shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, patios, or architectural concrete structures within the easement. This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has caused this Easement Deed to be executed this DO day of MoVhN ., 20 11 . GRANTOR Date: i C� i' j By �' Josephi ar a o Chairman q�f t 0 Board Date: By "ATTACH NOTARY STATEIVIENT" 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 November 20, 2019 before me, personally appeared Joseph J. Garbarino M. Sarkela (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(o whose name(s) islam subscribed to the within instrument and acknowledged to me that heMheAM, t executed the same in his/berftheir-authorized capacitv4ie� and that by his/hefi4#etx signature(* 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 WITNESS my hand and official seal. N1, 5ARKELA Notary Public • California Marin County z z Commission # 2166101 My Comm. Expires Oct 24, 2020 Signature �T L` (Seal) OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC 10-10-19 Job No. 10-121 EST- MIT A LEGAL DESCRIPTION SAN RAFAEL SANITATION DISTRICT EASEMENT All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly comer of Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46159' West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43001' East 50.00 feet; thence leaving the boundary of said Parcel B, North. 46°59' East 60.00 feet to point on the Southwesterly boundary of Parcel A; thence along said Southwesterly boundary of Parcel A, North 43001' West 60.00 feet to the point of beginning. OB �4v Iclv'x \\F OF CAL1F0 IOr•2 N r.. Off` Z z � N 0Od\,e. ~ V Q V O O� < z O 9:g 0 z N W �..lJ tom!! � V) ol�W z LilwtcLL m ¢W U) U) Q t adw c`t3 m t Z o LL'W IEz o=ff ao 1 WZ >a CD W CO< almo CLW cj 0 O 0 U ,� B oz <—jrn �a Nnt as co � (J?coi� �U a z o ; m a c a a W z O zV N ZU n QF im o � Qo L 2 Ow i pVm wN pC Rv12: d� •, LL. O It C*q .0'09 o O Qo/ u z �En o � M�6S.9�g J 50—L%K-8l •dti .0.09 i►MS-LODE 'ON 00a r v, Oil S3tlA33d021d 0 JMKLS3ANl MG