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Home My WebLink AboutCC Resolution 12651 (Lands of Corp Center)RESOLUTION NO. 12651 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP - BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY. WHEREAS, on July 15, 2002, following a recommendation of the Planning Commission, the City Council adopted Resolution No. 10025, finding that the Final Map entitled "Final Map being the Subdivision of Lands of San Rafael Corporate Center, LLC" was consistent with the policies of the San Rafael General Plan 2000, and approving such Final Map; and WHEREAS, the San Rafael Corporate Center Final Map showed a widening of Lindaro Street to 32 feet and a relocation of such street to the East, in connection with a sliver of existing right-of-way on the West side of Lindaro Street which was "to be quitclaimed/abandoned by the City through a separate instrument" while a larger sliver of such right-of-way was to be dedicated to the City as Parcel "A" in fee simple for roadway and street purposes; and WHEREAS, on September 27, 2002, the San Rafael Corporate Center Final Map was recorded in Marin County Recorder Office, as Serial No. 2002-0085294; and WHEREAS, the City Council in approving the Final Map showed its intention to abandon and quitclaim the sliver of land on the West side of Lindaro Street to the adjoining property owner(s) in exchange for the Parcel "A" sliver of land dedicated by the developer to the City on the East side of Lindaro Street for roadway and street purposes; and WHEREAS, a representative of the owners on the West side of Lindaro Street, SR Corporate Center Phase One, LLC (owning AP No. 013-012-35), and SR Corporate Center Phase Two, LLC (owning AP No. 013-012-34), have requested that the City carry out the intentions of the San Rafael Corporate Center Final Map by vacating the sliver of right-of-way on the West side of Lindaro Street and quitclaiming such property to such adjoining property owners; and WHEREAS, the City Council finds that the sliver of right-of-way on the West side of Lindaro Street may be vacated pursuant to the summary vacation procedures in Government Code Section 8330(a), without the requirement for a public hearing, since such summary vacation has arisen in connection with the relocation of the Lindaro Street right-of-way; and WHEREAS, the City Council finds that the vacated sliver of right-of-way on West side of Lindaro Street may be quitclaimed in two separate deeds to the owners of the respective adjoining properties, SR Corporate Center Phase One, LLC, and SR Corporate Center Phase Two, LLC, since the City previously received adequate consideration for such property by the dedication in the San Rafael Corporate Center Final Map of a sliver of right-of-way on the East side of Lindaro Street in fee simple for roadway and street purposes in conjunction with the relocation of such Lindaro Street right-of-way to the East; and s p�� WHEREAS, the vacation of the sliver of right-of-way on the West side of Lindaro Street and the quitclaim of any City interest in such vacated sliver of right-of-way is exempt from the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15061(b)(3) since such actions will have no potential for a significant effect on the environment. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. All the facts recited above are true and correct. 2. The City Council of San Rafael, pursuant to Street and Highways Code Section 8334(a), summarily vacates and abandons the narrow sliver of existing right-of-way on the West side of Lindaro Street, as is more particularly described in Exhibit "I" attached hereto and incorporated herein. 3. From and after the date this adopted Resolution is recorded, the property described in Exhibit "I" shall no longer constitute a portion of the City's Lindaro Street right-of-way. 4. That the City Clerk be and is herby ordered to record a certified copy of this Resolution in the Office of the County Recorder Office for Marin County. 5. From and after the date of the recordation of this Resolution, the Mayor is authorized to execute the two Quitclaim Deeds, in a form approved by the City Attorney, conveying the respective portions of the vacated sliver of Lindaro Street right-of-way to the adjoining property owners, SR Corporate Center Phase One, LLC (the portion of the sliver described on Exhibit 11), and SR Corporate Center Phase Two, LLC (the portion of the sliver described on Exhibit 111), and the City Clerk is directed to arrange for the recordation of said Quitclaim Deeds in the Office of the County Recorder for Marin County. I, ESTHER C. BEIRNE, 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 2"d day of February, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro None None 2 ESTHER C. BEIRNE, City Clerk RECORDING REQUESTED, AND WHEN RECORDED, RETURN TO: City of San Rafael City Clerk 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Esther C. Beirne, City CIerk Recorded RE „FF D ficial Records B county of iar kn dfi€ M C. DWER P Asessor—Recarder d P la 3:&AM 10—Feb-2009 # Page i of 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE Certified Copy of Resolution No. 12651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP — BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY RECORDING REQUESTED, AND W14EN RECORDED, RETURN TO: City of San Rafael City Clerk 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Esther C. Beirne, City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Certified Copy of Resolution No. 12651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP — BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY A LRe T R 4 ois .R" t?o f R ! 1� ray > ° [ 's 3t t k 0 „J • P 0 i:t.t � lU N P t UM o c L'b 7+ 4 P 41 8 t kn 0 P 6 Q P D P6 rTM,w •�. 0 C•» N k P B n8* h d' LU 9M L&jII 0 MA co &a„ N B ✓u ,) tl 4 II a�_^.•,nN ism coL,) g. V rm a rw^^u Y rro,k Cal 4 U-^ b La a:w nJ SPACE ABOVE THIS LINE FOR RECORDER'S USE Certified Copy of Resolution No. 12651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP — BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY A LRe RECORDING REQUESTED, AND WIIEN RECORDED, RETURN TO: City of San Rafael City Clerk 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Esther C. Beirne, City Clerk Eoa. t,�, of l ffl �CQ B C,, 'u n.s" YER pr«:ae f of E, SPACE ABOVE THIS LINE FOR RECORDER'S USE Certified Copy of Resolution No. 12651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP — BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY RESOLUTION NO. 12651 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP - BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY. WHEREAS, on July 15, 2002, following a recommendation of the Planning Commission, the City Council adopted Resolution No. 10025, finding that the Final Map entitled "Final Map being the Subdivision of Lands of San Rafael Corporate Center, LLC" was consistent with the policies of the San Rafael General Plan 2000, and approving such Final Map; and WHEREAS, the San Rafael Corporate Center Final Map showed a widening of Lindaro Street to 32 feet and a relocation of such street to the East, in connection with a sliver of existing right-of-way on the West side of Lindaro Street which was "to be quitclaimed/abandoned by the City through a separate instrument" while a larger sliver of such right-of-way was to be dedicated to the City as Parcel "A" in fee simple for roadway and street purposes; and WHEREAS, on September 27, 2002, the San Rafael Corporate Center Final Map was recorded in Marin County Recorder Office, as Serial No. 2002-0085294; and WHEREAS, the City Council in approving the Final Map showed its intention to abandon and quitclaim the sliver of land on the West side of Lindaro Street to the adjoining property owner(s) in exchange for the Parcel "A" sliver of land dedicated by the developer to the City on the East side of Lindaro Street for roadway and street purposes; and WHEREAS, a representative of the owners on the West side of Lindaro Street, SR Corporate Center Phase One, LLC (owning AP No. 013-012-35), and SR Corporate Center Phase Two, LLC (owning AP No. 013-012-34), have requested that the City carry out the intentions of the San Rafael Corporate Center Final Map by vacating the sliver of right-of-way on the West side of Lindaro Street and quitclaiming such property to such adjoining property owners; and WHEREAS, the City Council finds that the sliver of right-of-way on the West side of Lindaro Street may be vacated pursuant to the summary vacation procedures in Government Code Section 8330(a), without the requirement for a public hearing, since such summary vacation has arisen in connection with the relocation of the Lindaro Street right-of-way; and WHEREAS, the City Council finds that the vacated sliver of right-of-way on West side of Lindaro Street may be quitclaimed in two separate deeds to the owners of the respective adjoining properties, SR Corporate Center Phase One, LLC, and SR Corporate Center Phase Two, LLC, since the City previously received adequate consideration for such property by the dedication in the San Rafael Corporate Center Final Map of a sliver of right-of-way on the East side of Lindaro Street in fee simple for roadway and street purposes in conjunction with the relocation of such Lindaro Street right-of-way to the East; and WHEREAS, the vacation of the sliver of right-of-way on the West side of Lindaro Street and the quitclaim of any City interest in such vacated sliver of right-of-way is exempt from the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15061(b)(3) since such actions will have no potential for a significant effect on the environment. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. All the facts recited above are true and correct. 2. The City Council of San Rafael, pursuant to Street and Highways Code Section 8334(a). summarily vacates and abandons the narrow sliver of existing right-of-way on the West side of Lindaro Street, as is more particularly described in Exhibit "I" attached hereto and incorporated herein. 3. From and after the date this adopted Resolution is recorded, the property described in Exhibit "I" shall no longer constitute a portion of the City's Lindaro Street right-of-way. 4. That the City Clerk be and is herby ordered to record a certified copy of this Resolution in the Office of the County Recorder Office for Marin County. 5. From and after the date of the recordation of this Resolution, the Mayor is authorized to execute the two Quitclaim Deeds, in a form approved by the City Attorney, conveying the respective portions of the vacated sliver of Lindaro Street right-of-way to the adjoining property owners, SR Corporate Center Phase One, LLC (the portion of the sliver described on Exhibit 11), and SR Corporate Center Phase Two, LLC (the portion of the sliver described on Exhibit 111), and the City Clerk is directed to arrange for the recordation of said Quitclaim Deeds in the Office of the County Recorder for Marin County. 1, ESTHER C. BEIRNE, 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 2nd day of February, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro None ESTHER C. BEIRNE, City Clerk Date: August 25, 2008 File: 5.692.13 PROPOSED ABANDONMENT FOR A PORTION OF LINDARO STREET That certain parcel of land situate in the City of San Rafael, County of Marin, California, being more particularly described as follows: BEGINNING at the southeast corner of Parcel 4 as shown on the Final Map of the San Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin County Records; thence along the easterly line of said Parcel 4, North 8°53'00" East, 10.99 feet; thence continuing along said easterly line, North 6'45'0" East, 286.39 feet; thence leaving said easterly line of Parcel 4 in a southeasterly direction along a curve to the right whose radius point bears South 77°58'41" West, 10.00 feet, through a central angle of 18'39'24", an arc length of 3.26 feet; thence South 6°38'05" West, 271.67 feet; thence on a curve to the right tangent to the preceding course having a radius of 500 feet, through a central angle of 2`34'42", an arc length of 22.50 feet; thence South 9°12'47" West, 148.50 feet; thence South 11°14'08" West, 4.17 feet to a point on the easterly line of Parcel 1 as shown on the aforementioned Final Map of San Rafael Corporate Center (2002 Maps, 185); thence along the easterly line of said Parcel 1, North 8°53'00" East, 152.62 feet to the Point of Beginning. Containing 332 ± square feet. End of Description No. 27577 J* * Exp. 12.31-09 EXHIBIT "I" Rev.: January 27, 2009 Date: December 24, 2008 File: 5.692.13 LEGAL DESCRIPTION CONTIGUOUS WITH APN 013-010-35 That certain parcel of land situate in the City of San Rafael, County of Marin, California, being more particularly described as follows: BEGINNING at the Northeast corner of Parcel 1 as shown on the Final Map of the San Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin County Records; thence leaving said Northerly corner of said Parcel 1, South 83°33'00" East, 1.03 feet to a point on the Westerly line of Lindaro Street as shown on said map (2002 maps 185); thence continuing along said Westerly line, South 9°12'47" West, 148.50 feet; thence South 11°14'08" West, 4.17 feet to a point on the easterly line of Parcel 1 as shown on the aforementioned Final Map of San Rafael Corporate Center (2002 Maps 185); thence along the easterly line of said Parcel 1, North 8°53'00" East, 152.62 feet to the Point of Beginning. Containing 90 ± square feet. End of Description F:\Ad-nov\WP\5\569213\Des\56921301-27-09a,doc Exhibit "11" Rev.: January 27, 2009 Date: December 24, 2008 File: 5.692.13 LEGAL DESCRIPTION CONTIGUOUS WITH APN 013-010-34 That certain parcel of land situate in the City of San Rafael, County of Marin, California, being more particularly described as follows: BEGINNING at the southeast comer of Parcel 4 as shown on the Final Map of the San Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin County Records; thence along the easterly line of said Parcel 4, North 8°53'00" East, 10.99 feet; thence continuing along said easterly line, North 6°45'0" East, 286.39 feet; thence leaving said easterly line of Parcel 4 in a southeasterly direction along a curve to the right whose radius point bears South 77°58'41" West, 10.00 feet, through a central angle of 18°39'24", an arc length of 3.26 feet; thence South 6°38'05" West, 271.67 feet; thence on a curve to the right tangent to the preceding course having a radius of 500 feet, through a central angle of 2°34'42", an arc length of 22.50 feet; thence North 83°33'00" West, 1.03 feet to the Point of Beginning. Containing 243 ± square feet. End of Description Exhibit "III" F:1Ad•navIWP1515692131Des1569213 01-27-09.dac