HomeMy WebLinkAboutPW Public Utility Easement; Loch Lomond Marina
Agenda Item No: 3.f
Meeting Date: January 4, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Dean Allison, City Manager Approval: ____
Director of Public Works
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
th
BACKGROUND:
On August 6, 2007, the City Council adopted Resolution No. 12332 approvingthe
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 openspace
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.
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 2-14
Council Meeting: 01/04/2016
Disposition: Resolution 14051
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,
RESOLUTION NO. 14051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTINGA
GRANT OF PUBLIC UTILITY AND MAINTENANCE EASEMENTS OVER LOTS G AND H
OF THE VILLAGE AT LOCH LOMOND MARINA
______________________________________________________________________________
Lot G APN 16-070-21
Lot H APN 16-070-22
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, Village at
Loch Lomond Marina P Subdivision M; 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),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 easementsis
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
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
th
Council of said City on the 4 day of January 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 18.01.76
