HomeMy WebLinkAboutCC Resolution 13615 (Marin Professional Center Vacate Easement)RESOLUTION NO. 13615
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE VACATION OF AN EXISTING 10 FOOT WIDE DRAINAGE
EASEMENT IN LOT 8 AS SHOWN IN "MAP OF MARIN PROFESSIONAL
CENTER – UNIT 1" (9 RM 94, PURSUANT TO THE SUMMARY VACATION
AND ABANDONMENT PROCEDURES AT 99 PROFESSIONAL CENTER
PARKWAY, APN 155-073-07, SAN RAFAEL CALIFORNIA
WHEREAS, On March 3, 1958, a map entitled "Map of MARIN
PROFESSIONAL CENTER—Unit 1" was recorded at the Marin County Recorders
Office in Volume 9 of Maps at Page 94; and
WHEREAS, the recorded map offered for dedication a 10' wide drainage
easement ("D.E.") beginning from the northerly boundary line of Lot 8 to the easterly
line of Lot 8; and
WHEREAS, the City of San Rafael has not accepted the offer of dedication of
this 10 foot wide drainage easement; and
WHEREAS, on July 19, 1995, a Record of Survey entitled "LOT LINE
ADJUSTMENT, Being the Lands of Professional Terrace Partners, a California Limited
Partnership, D.N. 94-071127, Lots 7 and 8 Unit 1 -- 9 R.M. 94" (33 ROS 94), was
recorded at the County Recorder's Office adjusting the common lot line of Lots 7 and 8
(9 RM 94) the adjusted lots, Lot 1 and Lot 2, Lot 2 of which contained the drainage
easement; and
WHEREAS, staff has confirmed that no drainage facilities have ever been
installed or maintained by the City of San Rafael lithin the drainage easement on Lot 2.
NOW, THEREFORE, BE IT RESOLVED AS FOLLON S:
I. All the facts recited above are true and correct.
2. The City Council of San Rafael, pursuant to Street and Highways Code Section
8333(a) summarily vacates and abandons for public use and purposes that portion
of the existing 10 foot wide drainage easement on Lot 8 shown on the record map
entitled "MAP OF MARIN PROFESSIONAL CENTER—Unit 1" (9 RM 94), as
is more particularly described and depicted in the Legal Description and Plat,
attached hereto and incorporated herein as Exhibit "A" and Exhibit "B",
respectively.
3. From and after the date this adopted Resolution is recorded, the portion of the
drainage easement described in Exhibit "A" and depicted on the Plat as shown in
Exhibit `B" shall no longer constitute a public storm drain or other drainage
easement.
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 16th day of September, 2013, by the following vote to
wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 09,06.64
Legal Description
Exhibit A
Drainage Easement Abandonment
That certain 10' wide Drainage Easement (DE) lying within Lot 8 as shown on the Map of Marin
Professional Center Unit I recorded on March 3, 1958 in Volume 9 of Record Maps at Page 94,
Marin County records. Said Drainage Easement extends from the northerly line to the easterly
line of said Lot 8.
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November 8, 2012
Kevin McGowan
City of San Rafael
Department of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
I LS ASSOCIATES, INC.
CIVIL ENGINEERING AND LAND SURVEYING
Re: Request for Abandonment
Drainage Easement
99 Professional Center Parkway
Our File No. 8714
Dear Kevin,
-e„
I am writing to you on behalf of Gina Rafanelli of Deer Park Apartments, LLC who are the new owners
of the property at 99 Professional Center Parkway in San Rafael to request that the City abandon the
unused 10' wide Drainage Easement that runs through a portion of that property. The easement in
questions was offered for dedication on the Map of "Marin Professional Center Unit 1" recorded in
Volume 9 of Record Maps at Page 94. The easement was shown within Lot 8 of that map, two copies of
which are attached. You will note that while the drainage easements were offered for dedication, they
were rejected by the Marin County Board of SupCrvisors as the property was in the unincorporated area at
the time of subdivision.
A review of the files of the San Rafael Building Inspection Department reveals that Building Permit No.
39748 was issued for construction of the existing building on the site. The site plan in the Building
Department files shows a drainage ditch in the area where the building was to be constructed, however,
this drainage ditch was relocated to the easterly side of the building, however, apparently no one followed
through to have this now unused drainage easement abandoned.
Attached for your information is also a copy of a currently Preliminary Title Report and two copies of a
plat and legal description of the Drainage Easement which we request be abandoned.
We request that you take the necessary steps to have the City Council abandon this Drainage Easement.
If you have any questions or desire additional information, please feel free to call on me.
Cc: Gina Rafanelli
79 GALU DRIVE, SUITE A NOVATO, CA 94949-5717 (415)883-9200 FAX(415)883-2763
CITY OF SAN RAFAEL
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM No. 3. k
DATE OF MEETING: September 16, 2013
FROM: Kevin McGowan
DEPARTMENT: Public Works
DATE: 9/5/13
TITLE OF DOCUMENT:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
VACATION OF AN EXISTING 10 FOOT WIDE DRAINAGE EASEMENT IN LOT 8 AS SHOWN IN
"MAP OF MARIN PROFESSIONAL CENTER — UNIT 1" (9 RM 94, PURSUANT TO THE
SUMMARY VACATION AND ABANDONMENT PROCEDURES AT 99 PROFESSIONAL CENTER
PARKWAY, APN 155-073-07, SAN RAFAEL CALIFORNIA
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
City Manager (signature) City Attorney (signature)`
NOT APPROVED
REMARKS.
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File No.: 09.06.64