HomeMy WebLinkAboutCC Resolution 12793 (Easement; Northgate)RESOLUTION NO. 12793
RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF SAN RAFAEL
APPROVING THE VACATION OF A PORTION OF AN EXISTING 10' WIDE
STORM DRAIN EASEMENT SHOWN ON THE MAP ENTITLED
"NORTHGATE REGIONAL SHOPPING CENTER" (12 RM 19), AND
ACCEPTING AND AUTHORIZING RECORDATION OF AN EASEMENT
DEED FOR A STORM DRAIN EASEMENT CONTAINING A REALIGNED
STORM DRAIN PIPELINE ON THE PROPERTY KNOWN AS THE "MALL AT
NORTHGATE" (APN 175-060-60)
WHEREAS, public interest, convenience and welfare require that the City of San
Rafael summarily vacate the portion of a dedicated storm drain easement adjacent to and
under the Kohl's building, formerly Mervyn's building, located at the Northgate Mall,
and accept an Easement Deed for a new storm drain easement; and
WHEREAS, the storm drain pipeline located within the dedicated 10' wide storm
drain easement under and adjacent to the Kohl's (formerly Mervyn's) building has not
been used for more than five (5) years and has been superseded by a realigned storm
drain pipeline running to the north and west of the building;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of San Rafael as follows:
1. All facts recited above are true and correct; and
2. The City Council of San Rafael, pursuant to Street and Highways Code
Section 8333 (a) & (c), summarily vacates that portion of the existing 10'
wide storm drain easement under and adjacent to the Kohl's (formerly
Mervyn's) building on the Northgate Mall property (APN 175-060-60), for
public use and purposes, as is more particularly described and depicted in
Exhibits "I" and "II" attached hereto and incorporated herein; and
3. From and after the date this Resolution is recorded, that portion of the 10'
wide storm drain easement described and depicted in Exhibit "I" and "II"
shall no longer constitute a public storm drain easement; and
4. The City Council accepts that certain Easement Deed on file with the City
Clerk, granting to the City of San Rafael a 10' wide storm drain easement
located on the property known as the Mall at Northgate (APN 175-060-60),
executed by Northgate Mall Associates, dated July 16, 2009, in place of the
aforementioned vacated storm drain easement; and
5� The City Clerk be and is hereby ordered to record a certified copy of this
Resolution and the aforementioned Easement Deed with the Marin County
Recorder's Office; and
6. The Mayor is authorized to execute, and the City Clerk is authorized to
record, such other documents, including a quitclaim deed, as may be
necessary to complete the Council's actions, in a form approved by the City
Attorney.
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 201" day of July 2009, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
en . PR,
ESTHER C. BEIRNE, City Clerk