HomeMy WebLinkAboutCC Resolution 11919 (Bellam Subdivision Utilities Easement)RESOLUTION NO. 11919
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING SUMMARY VACATION OF AN EXISTING 5' PUBLIC
UTILITIES EASEMENT ON THE EASTERLY LINE OF LOT 1, AS
SHOWN IN BOOK 5 OF SURVEY AT PAGE 48, ENTITLED "RECORD
OF SURVEY, MAP OF PORTION OF REVERSION TO ACREAGE MAP
AND PORTION OF BELLAM SUBDIVISION, NO. 1".
WHEREAS, there exits a 5' wide Public Utilities Easement (P.U.E.) along the easterly
line of Lot 1, as shown in Book 5 of Survey at page 48, entitled "Record of Survey, Map of
Portion of Reversion to Acreage Map and Portion of Bellam Subdivision, No. 1" filed on June,
15, 1966, at the Office of the County Recorder of Marin County; and
WHEREAS, the owner of this parcel, on the northeasterly corner of Francisco
Boulevard and Castro Street, is also the owner of the other four adjacent and contiguous parcels;
and
WHEREAS, the owner has an application currently pending in the Community
Development Department for the development of a new car dealership facility on these parcels,
which proposed facility will be partially located over the said 5' wide P.U.E.; and
WHEREAS, the owner, through his representative, has requested that the City vacate
said P.U.E.; and
WHEREAS, the City has not used this P.U.E. for any purpose and there is no reasonable
expectation that the City will have any future need of this P.U.E. in the foreseeable future; and
WHEREAS, all respective public utility companies have been contacted and those
utility companies have indicated that, in the past five years, they have not used this P.U.E. for any
of the purposes for which the P.U.E. was created; and
WHEREAS, all respective public utility companies have been contacted and those
utility companies have indicated that they do not have any utility facilities currently existing in
the P.U.E., they have no current need of the P.U.E., they have no reasonable expectation of any
need for the P.U.E. in the foreseeable future and they have no objection to the City's vacation of
the P.U.E..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES AS FOLLOWS:
l .The City Council finds that all of the above -stated facts are true and correct and, further the
City Council specifically finds that the P.U.E. has not been used for the purpose for
which it was dedicated or acquired for five consecutive years prior to the date of this
proposed vacation (Streets and Highways Code section 8333);
2. The City Council of the City of San Rafael, pursuant to Streets and Highways Code sections
8333 and 8335, summarily vacates and abandons that P.U.E., as is more particularly described
in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein.
3. From and after the date of this adopted Resolution and upon recordation of this Resolution at
the Office of the County Recorder, the P.U.E. described in Exhibit "A" and depicted in Exhibit
"B" shall no longer constitute a public utilities easement.
4.That the City Clerk be and is hereby ordered to record a certified copy of this Resolution in the
Office of the County Recorder for Marin County.
I, JEANNE M. LEONCM, 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 6"' day of March, 2006, by the following vote, to wit:
AYES: COUNCIL.MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINf, Cit; Clerk-
File
lerk
File No.: 09.06.58
EXHIBIT A
LEGAL DESCRIPTION
LOT 1, 13 RM 3
5 -FOOT PUBLIC UTILITY EASEMENT (P.U.E.) ABANDONMENT
The 5 -foot P.U.E. located within Lot 1 as said P.U.E. and Lot 1 are shown upon the Map
of Bellam Subdivision No. 1, San Rafael, California recorded in Volume 3 of Record
Maps at Page 3, Marin County Records. Said P.U.E. extends northwesterly from the
northwesterly line of a 12.5 -foot P.U.E. shown within said Lot 1 to the northerly line of
said Lot 1.
Prepared By:
ILS Associates, Inc.
ALSt'llwartz, C.E.
Job No. 7725
2/1/2006
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Exp. 6-30-07 -'on
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ILS ASSOCIAI , S, INC. °
Cavil Engineering & Land Surveying
79 Galli Drive, Suite A
Novato, Co. 94949-5717
(415)883-9200 FAX (415)883-2763
EXHIBIT 'B .1.1
LOT 1, 13 RM 3
5' PURL /C EASEMENT (P. U. E.) ABANDA MEN T
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561,1 561,
1
JOB 1075 EAST FRANCISCO BLVD.
JOB NO. 7725 SHEET NO. 1 OF 1
DESIGN BY JK DATE 1/31/2006
CHECKED BY DATE
SCALE 1 "=30'
LOT I
A.P.N. 9-191-10
5' P. U. E. TO BE
ABANDONED
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