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Home My WebLink About2016-01-04_cityofsanrafael_ea24b68f41b5dd575223433ee0cf4622____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: _______________________________ Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 3.f Meeting Date: January 4, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Dean Allison, Director of Public Works City Manager Approval: ____ File No.: 15.08.09 TOPIC: PUBLIC UTILITY EASEMENTS AT THE VILLAGE AT LOCH LOMOND MARINA SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A GRANT OF PUBLIC UTILITY AND MAINTENANCE EASEMENTS OVER LOTS G AND H OF THE VILLAGE AT LOCH LOMOND MARINA RECOMMENDATION: Adopt Resolution BACKGROUND: On August 6th, 2007, the City Council adopted Resolution No. 12332 approving the vesting tentative map -for the Village at Loch Lomond Marina subdivision. On January 21, 2014, the City Council adopted Resolution No. 13665 approving the final subdivision map and the subdivision improvement agreement for the Village at Loch Lomond Marina – Phase 1. The recorded map for this phase of the development includes Lots G and H and designates these lots for landscape and open space purposes. After the recordation of the subdivision map and after the start of construction, PG&E requested that the areas designated as Lots G and H also be designated as Public Utility Easements in order to provide service to the development. Including these areas as Public Utility Easements will not negate the initial designation as landscaping and open space areas. If work is needed in these areas after the construction of the subdivision is complete, the utility will be required to reestablish the vegetation features along this frontage to match other landscaping in the area. ANALYSIS: The owner of the subdivision, Marina Village Associates, LLC, has prepared and executed a Grant of Easement (Public Utility and Maintenance) to convey to the City the necessary public utility easements over Lots G and H. The Acting City Surveyor and the City Engineer have each reviewed the legal description and plat submitted by the developer with the Grant of Easement, and have no objection to their technical accuracy. Separate lot descriptions are not needed for this modification since Lots G and H are clearly delineated on the subdivision map and the only modifications are their designations as Public Utility Easements. The City is required to formally accept a grant of an interest in real property such as this prior to its recordation in the Office of the County Recorder. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 FISCAL IMPACT: There is no fiscal impact associated with the recommended action by the City Council. OPTIONS: 1. Adopt the resolution accepting the Grant of Easement (Public Utility and Maintenance) over Lots G and H at the Village at Loch Lomond 2. Do not adopt the resolution and direct the utilities to only utilize the existing right of way and previously established easements for utilities to provide services to the subdivision. ACTION REQUIRED: Adopt Resolution Attachments: Resolution, with Attachment 1, “Grant of Easement (Public Utility and Maintenance)” RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A GRANT OF PUBLIC UTILITY AND MAINTENANCE EASEMENTS OVER LOTS G AND H OF THE VILLAGE AT LOCH LOMOND MARINA ______________________________________________________________________________ WHEREAS, on August 6, 2007, the City Council of the City of San Rafael approved Resolution No. 12332 approving the Vesting Tentative Map for the subdivision known as the Village at Loch Lomond Marina; and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 13665 approving the final subdivision map for said subdivision, entitled “Map of The Village at Loch Lomond Marina Phase 1” (hereafter “the Subdivision Map”); and WHEREAS, Marina Village Associates, LLC, the owner of the Village at Loch Lomond Marina subdivision, is presently developing the subdivision and has determined that the public interest, convenience and welfare require that additional easements for public utilities be established across the real property delineated as Lots G and H on the Subdivision Map and designated for landscaping and open space; and WHEREAS, Marina Village Associates, LLC, has offered to the City of San Rafael, and executed on September 29, 2015, a “Grant of Easement (Public Utility and Maintenance),” a true copy of which is attached hereto as Attachment 1, describing and conveying to the City the required public utility easements; and WHEREAS, the public interest, convenience and welfare require that the offered easements be accepted and used for the benefit of the public and public utilities; and WHEREAS, the City Council finds that acceptance of the proposed easements is exempt from the California Environmental Quality Act since the acceptance of the easements will involve negligible or no alteration of existing facilities (CEQA Guidelines, Title 14, California Code of Regulations, Section 15301); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby accept the “Grant of Easement (Public Utility and Maintenance),” executed by Marina Village Associates, LLC, to the City of San Rafael, dated September 29, 2015, a copy of which is attached hereto as Attachment A, and the Clerk of said City is hereby directed to cause said conveyance to be duly recorded in the office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this resolution. 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 January 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _______________________________ ESTHER C. BEIRNE, City Clerk File No.: 18.01.76 RECORDING REQUESTED BY Old Republic Title AND WHEN RECORDED MAIL DOCUMENT TO: City of San Rafael 111 Morphew Street PO Box 151560 San Rafael, CA 94915-1560 Attn: Kevin McGowan _________________ ....... ____ .s pace Above This Line for Recordlll"s Use Only _____ _ GRANT OF EASEMENT (PUBLIC UTILITY AND MAINTENANCE EASEMENT) The Undersigned Grantor(s) Declare(s): DOCUMENTARY -mANSFER TAX $N/A; CITY TRANSFER TAX $ N/A SURVEY MONUMENT FEE $ [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area ; [) City of and [ ] Exempt fro m transfer tax; Reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Marina Village Associates, LLC, a Delaware limited liability company Hereby GRANT(S) to City of San Rafael, an easement for installation and maintenance of Public Utility fadlities over The following described property in the City of San Rafael, County of Marin, State of California, See Exhibit A attached As more particularly described in Exhibit A and as delineated on Exhibit B, attached hereto and made a part hereof. Dated: September 29, 2015 Marina Village Ass·ogate~ LLC, a Delaware limited liability company BY:_~~~~~===:::~ Name/Title: Rick Aramb 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 Los Angeles ) On September 29,2015 ,2015, before me, Heather E.Hensley , a Notary Public, personally appeared Rick Arambulo , who proved to me on the basis of satisfactory evidence to be the person(s3 whose name(f.fj is/JirAi subscribed to the within instrument and acknowledged to me that he#SWi/tli¢fj executed the same in his/J:i¢tltWfVrl authorized capacityqW'~~, and that by hislMttlftlrllV signature(M on the instrument the personW), or the entity upon behalf of which the personW) 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. Signature VW;, t U~;J - (Seal) 6) HEATHER E. HENSLEY Commission" 2120911 Notary Public • Call1ornia I lOI Angtl .. County ::: M Comm. E rei Jul 28 2019 EXHIBIT II A " (PUBLIC UTUILITY EASEMENTS) Real property situate in the City of San Rafael, County of Marin, and State of California; and being all of Lots "Gil & liH" as created by that certain map entitled "Map of the Village of Loch Lomond Marina Phase 1" filed on January 23, 2015 in Book 2015 of Maps, at Page 12, Official Records of said County. End of Description Prepared By: Date Page 1 of1 LEGEND PUE PUBLIC UTILITY EASE MENT 2 (T) TOTAL POiNT SAN PEDRO ROAD ~ La.J --~ :::> 14 Q. ------~ MAP OF ViLLAGE AT LOCH LOMOND MARiNA PHASE 1 2015 M 12 LOT G -- Q :z: a 100 200 a ~ ~ ~-.... ! 1 }-.. a a -l ( IN FEET) 1 inch = 100 ft . .......:J t3 a -l 3 5 LOCH ------____ LOMOND 5 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT CITY OF SAN RAFAEL. MARIN COUNTY, CAIJFORNIA RUGGERI-JENSEN-AZAR EN G IN EERS . PL AN NE R S . SUR V EYORS 4690 CHABOT DRIVE . SUITE 200 PLEA SAN TON. CA 94588 PHONE : (925) 227-91 00 FA X: (9 25 ) 227-9300 SCALE: 1-=100' DATE : 1-28-15 JOB NO.: 091032