The URL can be used to link to this page

Home My WebLink AboutSRSD Quitclaim of a Sewer Easement at 1075 Francisco Boulevard East____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: October 7, 2024 Disposition: Resolution 15348 Agenda Item No: 2.g Meeting Date: October 7, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Sanitation Prepared by: Doris Toy District Manager/Engineer City Manager Approval: ___________ TOPIC: QUITCLAIM OF A SEWER EASEMENT AT 1075 FRANCISCO BOULEVARD EAST SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ELECTING TO VACATE THE 20-FOOT SEWER EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED AT 1075 FRANCISCO BOULEVARD EAST, APN 009-191-37, SAN RAFAEL, CALIFORNIA RECOMMENDATION: Adopt the resolution electing to vacate the 20-foot sewer easement and authorizing execution of a quitclaim deed at 1075 Francisco Boulevard East, Assessor Parcel Number (APN) 009-191-37, San Rafael, California. BACKGROUND: In 2021, Marin Hospitality, owner of APN 009-191-37, submitted proposed plans to the San Rafael Sanitation District (“District”) requesting that the existing sewer main and related 20-foot sewer easement, which crossed its property, be relocated to the edge of the property. They were planning to build a hotel, and a portion of the proposed building would be on top of the existing sewer main in the easement. ANALYSIS: Marin Hospitality has submitted plans designed by a registered Civil Engineer and has relocated the sewer main to the edge of the property per the approved plans. Marin Hospitality has granted a new sewer easement for the newly installed sewer main to the San Rafael Sanitation District; and it has been accepted by the District Board at their September 20, 2024, San Rafael Sanitation District Board meeting. Given that the sewer main has been relocated and that Marin Hospitality has executed a new sewer easement for the relocated sewer main, the City no longer has any use for the easement in the former location of the sewer main, and the City seeks to vacate the old easement. Vacating this easement will not affect the San Rafael Sanitation District’s ability to maintain its infrastructure. The District will still have the access it needs to the sanitary sewer system with the replacement easement. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The proposed resolution authorizes the City Manager to execute a quitclaim deed to vacate the sewer easement. FISCAL IMPACT: No additional fiscal impact will result from the adoption of this resolution. RECOMMENDED ACTION: Adopt the resolution electing to vacate the 20-foot sewer easement and authorizing execution of a quitclaim deed at 1075 Francisco Boulevard East, Assessor Parcel Number (APN) 009-191-37, San Rafael, California. ATTACHMENT: 1. Resolution RESOLUTION NO. 15348 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ELECTING TO VACATE THE 20-FOOT SEWER EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED AT 1075 FRANCISCO BOULEVARD EAST, APN 009-191-37, SAN RAFAEL, CALIFORNIA WHEREAS, there exists a 20-foot sewer easement on 1075 Francisco Boulevard East, APN 009-191-37 (the “Property”), San Rafael, as recorded in Book 1913, Page 340, with the County on February 25, 1965; and WHEREAS, the easement is more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, development of a proposed new hotel would have placed the new building over the existing sewer easement and existing sewer main; and WHEREAS, the existing sewer main has been abandoned and a new sewer main has been installed to reroute the wastewater; and WHEREAS, on September 20, 2024, the owner of 1075 Francisco Boulevard East, APN 009-191-37, San Rafael, executed a grant of easement over a different portion of the Property more particularly described in Exhibit B and shown in Exhibit C for a relocated 20-foot sewer easement through which the new sewer main runs. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: That the City Council of the City of San Rafael, California, hereby authorizes the vacation of the sewer easement at 1075 Francisco Boulevard East, APN 009-191-37, San Rafael, described in Exhibit A, and authorizes the City Manager to execute and cause recordation of a quitclaim deed vacating such easement and to take all other actions necessary to effectuate the purposes of this resolution. I, LINDSAY LARA, 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 7th day of October 2024, by the following vote, to wit: AYES: COUNCILMEMBERS: Hill, Kertz & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey & Llorens Gulati LINDSAY LARA, City Clerk ATTACHMENTS 1. Exhibit A – Description of Easement Recorded in 1965 2. Exhibit B – Description of Easement Recorded in 2024 3. Exhibit C – Depiction of Easement Recorded in 2024 07YICXAL RECORDS COUNTY OF MARIN � 9· f) , 61, ,� ..RECORDING REQUESTEO BY 6192 HECOIIIO AT RBl&i (J l:ity of San Rat'atN AT 3.5..1111.MSr Du.FEB 2 5J965. &� ................. ��n�1913 PMc140 )l"f�•- • •1 ' . .;�� ---------------..-------__,........_ ___ SPACE ABOVE THIS LINE FOR RECO,ROE�E --- • AFFIX IJ\.S. $ .•. .. .. IN Tms SPACE �----------.·_- ---_-·--_--_-_--_--·_-_G_R_·· _A __ N_T_· _D_E_E_D ____ . fOR A VALUABLE CO�Sl[)ERATION, m·eipt of whidt is hrrrhy acknowledged, Kl:RNER~Bf.LWT Rl-:1\L'IY CO.:, a California corpor,ation l hereby GRANT(S) tt1 . CITY or SA� RAFAEL, a rrunicipal C(>1wmtion 'tho following dc!il:ril�d mil pnipt.'ft�· in thl' County o( Kar>in r.itv of Sr.\n Rafael,, s,�1c of Califowia: r.asement No, • 1 •. :-----. . . ·"",a;"'"'� An �asemen.t; 10 feet in wictth measufled �t rirr.ht M,v,les f'C'Cff\ and Northerlyof the follcwi.Tm dr,,scri bed line: At�nmnm :c"\t a point wti.ich bears North20° 2o t r.ast.52�32 feet, South 69Q 31'. r..ast 4S.OO feet and South 77u 45' East lt.6.50 fMit from the iOORt Southerlv come� of Lot 9 in f\lock Bas •• said, Ipt, an d Rlock are -shown on ''Arthur n: J\lrlcan •·s Resubdivision of f.ast�rly Ppt"t�on� of AlO()k� 1,2 and 13, r..ast $an Rafael, rec:or<led Qecernbe't'! '' 1(), l<}l()° in -Volume 3 of �'.14!)$ at· pare '63, W!r,in County Reoorcls; thence • : .. f� said . pc,int of bl:1�inninR South 77� 45' .r.ast 169, 24 feet .. rase."V!nt No.. ? lv1. t�ilsement 2.0 feet in width 10 feet on each sido of the followinv,, desctribed lirie: • nt�INNINP: at a p0int in the center lioo of futttre ��merAoulev;irrj, aai<l pohrt; • �i nP.. the raste·rlv tt!minun of the ft')l"\!lJ?,oinp f>rst-� • ment No. l;thence from said point of herdnninr �uth ?0 ° 78' West 113.36, . foot; thence .alonp; a curve to tho left of .-;Adi us 400 .feet' thrn�h a CE'.ntral ,mgle q°f GO C! 14 I at, arc dis1:ar:tce of 420. 51 feet 1 '. then�e South 19 °49• r.ast 51;40 foot; then� Sooth f;i,.a ?4' 04'' Wogt i.50,71 feeti thence alonp, a 'c'Ut'Ve to the 1�f't of radhm ?00 fe-0t thtou�h a centrnl anple ofLt"' 15 1 49" an Are distance of 14. 88 foot i. then<� South 500 09.' 15 ° West 160. 1 � foot tYOre '!r. ltt�s to· the cdr-o o.f tho ft"Oflta�e �d <tlonp, State • R()tld fi9 kno.m ;\S' f NmClRCO Poulewn-xl. . Mor 1913 PAGE 340' I l 'i I ! •. 1 I Legal Description of Easement Area SANITARY SEWER EASEMENT Legal Description A 20 foot wide Public Sanitary Sewer Easement over a portion of "Parcel 1" as said parcel is shown and delineated on "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marin County Records, said easement being particularly described as follows: Beginning at a 3/4 inch iron pipe tagged LS 7237 marking the most easterly corner of the lands of Marin Hospitality, Inc. a California corporation as described by deed recorded November 28, 2018 under Official Records Document Number 2018-0040640, Marin County Records; thence along the southeasterly line of said lands, S 20 °35'47" W, 30.91 feet, to a 3/4 inch iron pipe tagged LS 7237; thence continuing along said southeasterly line, along the arc of a non-tangent curve to the right as shown on "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marn County Records, whose center bears N 69°32'00" W, with a radius of 292.50 feet, through a central angle of 29° 13'22", an arc length of 149.18 feet, to a 3/4 inch iron pipe tagged LS 7237; thence continuing along said southeasterly line, S 49°41'22" W, 40.03 feet; thence leaving said southeasterly line N 40 °18'38" W, 20.00 feet; thence northeasterly, parallel with the said southeasterly line, 20.00 feet northwesterly from, measured at right angles to said southeasterly line, N 49°41'22" E, 40.03 feet; thence along the arc of a curve to the left, tangent with the last preceding course, with a radius of 272.50 feet, through a central angle of 29 °13'22", an arc length of 138.98 feet; thence N 20 °28'00" E, 7.82 feet; thence parallel with and southwesterly of, measured at right angles to the northeasterly line of said lands of Marin Hospitality, Inc., N 77 °43'38" W, 143.01 feet; thence N 12°16'22" E, 20.00 feet, to a point on said northeasterly line; thence along said northeasterly line, S 77°43'38 " E, 166.17 feet, to the point of beginning, affecting an area of 7, 162 square feet, more or less. Affects a portion of APN 009-191-37 The Basis of Bearings for the above legal description is S 49 °41 '22" W, being the bearing of the monumented southeasterly line of "Parcel Map" filed July 2, 2021 in Book 2021 of Maps at Page 115, Marin County Records. Date: August 15, 2024 E 0 v ,;-; I v N 0 N o:i Q) (/) 3: "O N 0 N 5 ix < w (/) (/) ;;:: w z � ' :, (/) I Q) .D 0 "O � 3: � I') (1) N (X) / � (.) � 0 Q:'. Q. (X) 5 � .:,.: Point of Beginning 'ITCLAIU x.SS Easement '04'o7" E (R) -----. , ,. N 20"28'00" E 7.82' Found 3/4" Iron Pipe, LS 7237 (2021 Maps 115) This exhibit is for graphic purposes only. A ny erro rs or omis s ions on this exhi b it shall no t affect the deed description. Date: September J"'(/ 13, 2024 Paul M. Brown, PLS 5087 Point of Beginning NEW SANITARY saw:REASEMENT Found 3/4" Iron Pipe, LS 7237 {2021 Maps 115} lit �.9:3'_;,, -----oo ,, ' ---------------t,,, r,i;J\ Found 3/4" Iron ---=- ----- \ Pipe, LS 7237 \ (2021 Maps 115) DETAIL 1 "=4 0 ' Poree/ 1 SIT£ MAP 'Parcel Map " Book 2021 of Maps at Page 115, Marin Count y Record s Public Sanitary Sewer Easement ..... adobe associates, inc. civil engineering! land surveying! wastewater 1220 N. Dutton, Ave., Santa Rosa, Ca. 95401 P (707) 541-2300; F (707) 541-2301 1 \. ____ _;;J.;o;_b_;N�o;;_·...;18;;'2�9�3�-A�A-'Ni.ii0iiii0119•-•1•9 •1-•3•7-----•S•ep•t•e •m•b•e•r •1•3.•, •2•0•'2•4-----�