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HomeMy WebLinkAboutOrdinance 1901 (Corp. Center)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing: Charter Ordinance No. 1901 entitled: ORDINANCE NO. 1901 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD -1754) DISTRICT ADOPTED FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT LAND USES - ZC11-002 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) Charter Ordinance No. 1902 entitled: And ORDINANCE NO. 1902 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA97-1) FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT AND TO UPDATE THE AGREEMENT TERMS - DA11-001 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) are true and correct copies of Ordinances of said City, and were introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 5th day of December, 2011, a SUMMARY of Ordinance Nos. 1901 and 1902 were published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as Ordinances of said City at a REGULAR meeting of the City Council of said City, held on the 19th day of December, 2011, by the following vote, to wit: AYES COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 23rd day of December, 2011 ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1901 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD -1754) DISTRICT ADOPTED FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT LAND USES ZC11-002 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development District (PD -1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. The PD -1721 District established zoning and standards for development of the subject property with five buildings (totaling 406,000 square feet), two parking structures, surface parking, campus landscaping and publicly -accessible park area along Mahon Creek. The zoning limits land use of the office park to administrative and general office use only; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD -1721) District to approve changes in the zoning district development standards in order to accommodate multi -tenant use of the office park (San Rafael Corporate Center). The amended Planned Development District (PD -1754) is currently in effect; and WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus has been developed and largely occupied by administrative and professional office businesses. To date, four of the five office buildings and one (western) parking structure have been built, along with surface parking, campus landscaping and the publicly -accessible park area. When the remaining phase of the office park is developed (one office building and one [eastern] parking structure), the San Rafael Corporate Center will be built -out at 401,000 square feet; and WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael Corporate Center Phase I LLC, property owner, requesting an amendment to the Planned Development (PD -1754) zoning district to expand the allowed land uses for the office park to include medical use and research and development use defined as follows: ➢ Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patients/visitors). A total of 68,068 square feet of medical use is proposed as an allowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, up to 68,068 square feet could be used for medical use. The modification proposes that the medical use allowance be generally applied to the office park and that it not be approved for any one building or concentrated in any one area of the park site. Research and Development Use. Research and Development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be considered a research and development use. 2-1 WHEREAS, the proposed amendment to the PD -1754 District includes a request to modify the office park parking requirements included in the Master Plan (Exhibit A). The request proposes a parking reduction to the City's parking requirements for medical use. While the San Rafael Municipal Code requires a higher parking standard for medical use (4.4 parking spaces per 1,000 gross square feet of building area) than the standard established and adopted by the Master Plan (3.3 parking spaces per 1,000 gross square feet for multi -tenant administrative and general office use), the request proposes to maintain the currently adopted parking standard in the Master Plan. The request would result in a maximum, potential parking reduction for the office park of 5-6%; and WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the San Rafael Corporate Center Planned Development (PD -1754) District (ZC11-002). On a 5-0 vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 11-13 recommending to the City Council the adoption of the amendment to PD -1754; and WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to review the proposed amendment to the San Rafael Corporate Center Planned Development District and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, by separate resolution, the City Council has recommended to the City Council the adoption of a Negative Declaration (IS1 1-002), which adequately addresses the potential environmental impacts of the proposed amendment to the PD -1754 District; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts an amendment to the San Rafael Corporate Center Planned Development (PD -1754) District based on the following findings and subject to the amended Master Plan Land Use and Development Standards presented in attached Exhibit A: The amendment to the San Rafael Corporate Center PD -1754 District and accompanying Master Plan (Exhibit A) to expand the allowable uses to include medical and research and development uses would be consistent with the applicable goals and policies of the San Rafael General Plan 2020, specifically: a. As proposed, the medical and research and development land uses are consistent with Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use Compatibility) in that these uses would be: allowable under the adopted Lindaro Office land use designation; compatible with the current land uses allowed under the PD -1754 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the medical and research and development land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation improvements; the medical use component would be subject to the adopted citywide traffic mitigation fees which 2-2 would be used to fiend long-term transportation improvements; and the project would not change the current City requirement and obligation of the office park owner to implement transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. c. As proposed, the medical and research and development land uses would be consistent with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would: facilitate additional employment and future economic success in the Downtown area; promote build -out of the San Rafael Corporate Center project by allowing a land use that is appropriate and marketable; allow compatible land uses that would fill current and long-term projected vacancies in general and administrative office space; and promote a reasonable reduction in required parking supported by the project's proximity to Downtown, the Bettini Transit Center and the planned SMART rail stations. d. As proposed, the medical and research and development land uses would be consistent with newly -adopted Sustainability Element Policies SU -1 (Land Use) and SU -2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit and Downtown; the project proposes a reduction in the amount of required parking for the medical use component, thus reducing thermal gain and shared parking; and the additional mix in land uses would facilitate the implementation transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. e. The approval of medical and research and development land uses would be consistent with Our Vision of Downtown San Rafael in that it would further promote new businesses and employment in the Downtown area. 2. The proposed addition of medical and research and development uses would not be detrimental to the health, safety or general welfare of the residents or community in that: a. These uses would be compatible with the currently approved and operating administrative and general office use. Medical and research and development uses are commonly mixed within office complexes that are occupied by administrative and general office use. b. These uses would be consistent and not in conflict with the deed restriction recorded for the San Rafael Corporate Center, which permits commercial and office land uses but prohibits use and development with residential and day care land uses. c. The addition of these land uses would not result in any physical changes or additions to the currently approved and largely developed San Rafael Corporate Center complex. The Corporate Center is adequately served by local facilities and utilities. d. The scope and definition of the medical and research and development land uses would not allow industrial development, heavy production or laboratory operations that would be more appropriate for a site that is zoned for light industrial or industrial land use. The proposed reduction in parking for the medical use component (68,068 square feet) authorizes use of the general and administrative office parking standard currently adopted in the San Rafael Corporate Center Master Plan (3.3 spaces/1,000 square feet), rather than the parking standard established by for medical use in the San Rafael Municipal Code (4.4 spaces/1,000 square feet). The initial approval of the San Rafael Corporate Center found that this development has been designed to adequately address the automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section 2-3 14.18.04013, the City Traffic Engineer has studied the parking needs for the medical office use at this location finding that the use of the currently adopted parking standard for office park is reasonable, appropriate and adequate in that: a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building area is consistent with the medical use parking standard studied and recommended by the Institute of Transportation Engineers (ITE). The ITE standards are based on case studies of developed medical land uses, and are widely used by local agencies and licensed traffic engineers. b. The 5-6% reduction in the parking requirement is a nominal amount, which is far below the typically requested and approved parking reduction for office projects (20% reduction is common). Lastly, parking reductions are encouraged when a site is developed and occupied with a mix of land uses that have different peaks in parking demand. c. The approvals and agreements established for the San Rafael Corporate Center require that the parking lot on the western parcel be made available for public use during the evening hours and on weekends. The parking reduction would not conflict with this agreement in that the peak parking use periods for medical use are during weekdays. d. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit Center (mass transit hub for Marin County) and the planned SMART rail station. The immediate access to mass transit reduces parking demand, which appropriately supports lower parking standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Ordinance No. 1754 (PD -1754 District) is hereby amended to: a) incorporate medical use (a 68,068 square -foot allowance) and research and development use; and b) establish a 3.3 parking space per 1,000 gross building square -foot parking standard for the San Rafael Corporate Center Office Park as set forth in attached Exhibit A, incorporated herein by reference. 111k"A &y to)am If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 3. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, California. 2-4 Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the names of those Councilmembers voting for or against the amendment. //� bl. GARY O. PHILLIPS, 1kayor ATTEST: C . A9210a'i ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1901 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 5`h day of December 2011, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 19'h day of December 2011. ,5sf,—R (f • 9r re—o ESTHER C. BEIRNE, City Clerk ATTACHMENT: Exhibit A- San Rafael Corporate Center Master Plan Exhibit B- Legal Property Description 2-5 EXHIBIT A San Rafael Corporate Center Master Plan (Formerly Ordinance 1721 and 1754, Fair-, !sane O ffiee Park ),Trite.- Plan) (i 97 b) ZC 11-002 INTENT The San Rafael Corporate Center (formerly Fair, Isaac Office Park) Master Plan is based on the plans (Development Plan) p,.ese� approved for the Environmental and Design Review Permit (ED -97-24), Master Use Permit (UP 97 10 and UP 97 1 Ob UPI 1-033) and Tentative Map (TS -97-1), approved by the City Council on Tuesday, February 17, 1998, and ea Monday, August 7, 2000 and November 2011. LAND USES This office park permits a maximum of 406,000 401,000 square feet of building area approved for the following uses: . • olall ✓ Yv..., ittea, as aetef ffl .,oa tE31- be uses .. the & ffiee tent it the Use 297 1( b). Marl: aY-gall 1!�-E����e� a:�1 Uri-,--=-onT 1. Administrative and General Office Use. Administrative and general office uses as defined by San Rafael Municipal Code Title 19 (Zoning). 2. Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime testing services for patients and visitors). A total of 68,068 square feet of medical use is approved as an allowance, meaning that of the total 401,000 square feet of office park area, up to 68,068 square feet can be used for medical use. See Master Use Permit (UPI 1-033) for parking and traffic mitigation fee requirements. 3. Research and Development Use. Research and development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes Rill production of industrial type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be defined as a research and development use. 4. Uses determined to be incidental to the above -listed land uses shall be permitted, as determined to be appropriate by the Community Develooment Director. Requirements and conditions for all uses in the office park shall be consistent with Master Use Permit (UPI 1-033). Residential and day care land uses are prohibited by recorded deed restriction. EXHIBIT A DEVELOPMENT STANDARDS The following standards shall apply to all development of the San Rafael Corporate Center (formerly Fair, Isaac Office Park): 1. Maximum floor area ratio: Per Development Plan approved under the office 2 3. 4. 5. W 7. park Use Permit (TD TA 97 10 UP11-033) and Environmental and Design Review Permit (ED -97- 24). Building Height: Maximum 54 feet, except for the building height bonus granted by City approved office park Use Permit (U (1�pUP11-033) and Environmental and Design Review Permit (ED -97-24). The building height bonus requires provisions for a park, which is addressed below. Landscaping: Landscaping shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (ED -97- 24). On-site Parking: Minimum of 3-3_3 parking spaces per 1000 gross square feet of e€€ree spaee building area—M& e . Fefnent fay pw1ci : , eensistent -A, ., DevelepffleRt Pl., appreved for- t e e ffie «L En%,irewnental and Design Review PeEmit (ED 97- 24). Additional p-w4king, 300 feet spaee per- gross square of effiee area fna�- be required, ' .Vuz.' Compliance with and M monitoring of on-site parking shall be enforced through the conditions of the approved reauired by the office park Use Permit (UPvUP11-033). Building coverage: Building coverage shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (ED -97- 24). Development Phasing: A minimum of two phases, as defined and approved under the office park Use Permit (UP 97-1 OUP 1- 033) and Environmental and Design Review Permit (ED -97-24). Park Facility: The office park development shall provide a privately maintained park with public access adjacent to Mahon Creek, as set forth in the office park use permit (UPObUP11-033). EXHIBIT A DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan and conditions of approval for the office park Environmental and Design Review Permit (ED -97-24). TERMS This PD Distr-iet shall be valid as follews.! 1. If4hio PD Disfie d pr-e*t appporv.,uls de net : ,hide „ Deyelepment_A_gr-eei efit authe -zed by -the G—ali-fernia Cevenunext Cede Seefien-63864-et seq., then Phase 1 eFUP 97 10 and ED 97 24 shall be valid fer- a tenn ef two yeafs and Phase 11 ef UP 97 10 ED 97 21 ahall bvalid crve uccca, vi thin PD Dijtr-ieter-dinanee if a 1.•.:' g per ri. is net issued prier te the expir-atien F the r-espeetive tefms, the an shall be r -e stoa by the 1'. ant extension o cn� uv�aia�ucu. 2. lq#is '.RD D t ---t an -t approvals inelude includea Develepment Agreement, as a t>,,,..�oa by the Califemia Gevefmnent Code Seefien 65864 et seq., then L 1- DIOL' et sheAl be EXHIBIT "B": Legal Description pdstnds3.fi EXHIBIT B Property Description "Western Parcel" (APN 013-012-38 AND 39) Reference: PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his wife, to PG&E recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary line of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary: (1) south 06°45'00" west 299.22 feet; thence (2) south 08°53'00" west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54°38'00" west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point "A"; thence (6) north 06038105" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence running along said southerly boundary line (7) south 83133'00" east 123.00 feet, more or less, to the point of beginning. The bearings used are based on the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel Two: 1. The "Exclusive Gas Meter Easement"; 2. The "Nonexclusive Gas Meter Easement"; Page B-1 3. The "West Parcel Slurry Wall Easement"; 4. The "Area 5A Extraction Trench Easement"; 5. The "Area 5B Extraction Trench Easement"; and 6. The "West Parcel Electric Facilities Easement"; which are more particularly described as follows: Exclusive Gas Meter Easement Beginning at a point in the easterly boundary line of the parcel of land hereinbefore described and designated PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast comer of said PARCEL TWO bears south 08°53'00" west 329.67 feet; thence leaving said easterly boundary line: (1) north 81'07'00" west 30.00 feet; thence (2) north 08°53'00" east 30.00 feet; thence (3) south 81°07'00" east 30.00 feet to a point in said easterly boundary; thence along said easterly boundary line (4) south 08°53'00" west 30.00 feet to the point of beginning. Nonexclusive Gas Meter Easement Beginning at the southwest corner of the parcel of land hereinbefore described and designated Exclusive Gas Meter Easement and running thence (1) north 81 '07'00" west 20.00 feet; thence (2) north 08°53'00" east 50.00 feet; thence (3) south 81 '07'00" east 50.00 feet; more or less, to a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street; thence along said easterly boundary line (4) south 08°53'00" west 20.00 feet to the northeast comer of said Exclusive Gas Meter Easement; thence along the northerly boundary line of said Exclusive Gas Meter Easement (5) north 81°07'00" west 30.00 feet to the northwest corner of said Exclusive Gas Meter Easement; thence along the westerly boundary line of said Exclusive Gas Meter Easement (6) south 08153'00" west 30.00 feet to the point of beginning. Pana q_'7 West Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the general northerly boundary line of said PARCEL TWO, southerly to the southwesterly boundary line of said PARCEL TWO and lying 10 feet on each side of the line described as follows: Beginning at a point in the general northerly boundary line of said PARCEL TWO, from which said Point "A" bears south 83°33'00" east 216.93 feet; thence leaving said general northerly boundary line (1) south 06°29' 15" west 206.97 feet; thence (2) on a tangent curve to the left with a radius of 100.00 feet and tangent at the northerly terminus thereof to the preceding course, an arc distance of 58.23 feet, more or less, to a point in the southwesterly boundary line of said PARCEL TWO. Area 5A Extraction Trench Easement Beginning at said Point "A" and running thence along the general westerly boundary line of said PARCEL TWO (1) north 06038'05" east 273.54 feet to a point in the northerly boundary line of said PARCEL TWO, being also the southerly boundary line of said Second Street, thence along said northerly boundary line (2) south 83°33'00" east 19.63 feet; thence leaving said northerly boundary line (3) south 05°41'35" west 457.82 feet; thence (4) north 84118'25" west 27.16 feet; more or less, to a point in the southerly prolongation of the general westerly boundary line of said PARCEL TWO; thence (7) north 06°38'05" east 184.60 feet, more or less, to the point of beginning. Area 5B Extraction Trench Easement A strip of land of the uniform width of 16 feet extending westerly from the easterly boundary of said PARCEL TWO, and lying 8 feet on each side of the line described as follows: Beginning at a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast corner of PARCEL TWO bears south 08°53'00" west 157.56 feet; thence leaving said easterly boundary line (1) north 80'40'14" west 135.97 feet to a point within the boundary lines of PARCEL TWO. Pana R -A West Parcel Electric Facilities Easement and the Substation Access Easement That portion of said PARCEL TWO lying westerly and southwesterly of a line described as follows: Beginning at said Point "A" and running thence along the southerly prolongation of the general westerly boundary line of said PARCEL TWO (1) south 06°38'05" west 269.32 feet; thence (2) south 54°38'00" east 125.95 feet, more or less, to a point in the easterly boundary line of said PARCEL TWO. "CENTRAL PARCEL" (APN 013-021-41,519 529 539 54 AND 55) Reference: PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel One: A. The "Central Parcel Slurry Wall Easement"; B. The "Central Parcel Extraction Trench Easement"; and C. The "Central Parcel Electric Facilities Easement"; which are more particularly described as follows: Central Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the westerly boundary line of the parcel of land hereinbefore described and designated PARCEL ONE easterly and northerly to the northerly boundary line of said PARCEL ONE and lying 10 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which a rebar and cap stamped "LS 4545", herein for convenience called Point "B", accepted as marking the northeasterly terminus of a course in the westerly boundary line of the 8.280 acre parcel of land as shown upon said Record of Survey filed for record May 10, 1985, which course as shown upon said map has a bearing of S8°53' W and a length of 421.24 feet, bears north 08°53'00" east 364.35 feet; thence leaving said westerly boundary line (1) south 76°44'52" east 70.89 feet; thence (2) south 84° 17' 14" east 32.74 feet; thence (3) south 79°31'32" east 111.67 feet; thence (4) south 76°52'26" east 104.19 feet; thence (5) north 87°55'06" east 104.33 feet; thence (6) north 62001'36" east 31.14 feet; thence (7) north 46027'46" east 23.10 feet; thence (8) north 33°08'08" east 12.71 feet; thence (9) north 19037'58" east 36.67 feet; thence (10) north 00°14'58" east 46.69 feet; thence (11) north 10°10'31" west 41.35 feet; thence (12) north 06157'47" west 97.03 feet; thence (13) north 04°56'07" west 42.24 feet; thence (14) north 03 05 8'51 " east 124.15 feet; thence (15) north 09000'19" east 35.36 feet; thence (16) north 08°34'17" east 106.14 feet; thence (17) north 07°26'47" east 107.63 feet, more or less, to a point in the northerly boundary line of said PARCEL ONE. Central Parcel Extraction Trench Easement A strip of land of the uniform width of 16 feet extending easterly from the westerly boundary line of said PARCEL ONE, and lying 8 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which Point "B" bears north 08153'00" east 249.70 feet; thence leaving said westerly boundary line (1) south 80°42'05" east 14.39 feet; thence (2) south 79143'14" east 64.83 feet to a point within the boundary lines of PARCEL ONE. Central Parcel Electric Facilities Easement That portion of said PARCEL ONE, lying easterly and southerly of the general easterly boundary line of the strip of land hereinbefore described and designated Central Parcel Slurry Wall Easement. Pana R_9, "EASTERN PARCEL" (APN 013-021-50) All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Southerly line of Second Street distant 496.5 feet Easterly from the point of intersection of the said Southerly line of Second Street with the Easterly line of Lindaro Street; thence running Easterly along said line of Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and Easterly along said line of said Turnpike 90 feet; thence leaving said Turnpike and running South 14°59' West 153.5 feet; thence North 38°4' West 278.3 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL TWO: BEGINNING at the point of intersection of the Southerly line of Second Street, with the Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence Easterly along the Southerly line of Second Street 6110 of a foot to the most Westerly comer of that certain lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to the City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds at Page 238, Marin County Records; thence along the Southwesterly line of said lot, South 38004' East 278.3 feet to the most Southerly corner of said lot; thence along the Easterly line of said lot, North 14°59' East 153.6 feet to the Southerly line of the Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the Westerly bank of the said tidal canal South 11 043' West 289 feet; thence continuing along said Westerly bank on the arc of a circle having a radius of 441.7 feet, 462.3 feet to the said Easterly line of Petaluma Avenue; thence Northerly along the said Easterly line of Petaluma Avenue 702.8 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof as contained in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re- recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof described as follows: A STRIP OF LAND, 10 feet in width, lying Southeasterly of and contiguous to the Southeasterly boundary of that certain parcel of land described in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 508, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL THREE AN EASEMENT for sanitary sewer purposes described as follows: A STRIP of land of the uniform width of 20 feet, the centerline of which is described as follows: COMMENCEMENT at a point on the Easterly line of Lindaro Street at the Intersection of two courses bearing South 7° 15' West and South 8° 15' West, as said courses are shown upon that map entitled, "Map of a Portion of Lindaro Street, City of San Rafael, Marin County, California", filed for record March 2, 1937 in Volume 2 of Official Surveys, at Page 83, Marin County Records; thence North 8° 53' East 32.92 feet to the true point of beginning; thence Southeasterly perpendicular to the aforementioned Easterly line, 315.00 feet; thence along a tangent curve to the left, through a central angle of 51 ° 00' 00" having a radius of 215.00 feet, an arc distance of 191.37 feet; thence North 47° 53' East 70 feet, more or less, to the termination of the easement and also the Westerly line of Lincoln Avenue, described as an arc 194.78 feet long in a Deed from the City of San Rafael to the Pacific Gas and Electric Company, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, Marin County Records. Pane R-7 PARCEL FOUR That certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly described as follows: COMMENCING at the intersection of the southerly line of Second Street with the easterly line of Lincoln Avenue, said point being located South 50°10'00" East 0.32 feet from a lead plug and tag RE5561 set in a concrete sidewalk, and as shown on the Record of Survey Map filed May 10, 1985 in Book 20 of Surveys at Page 47, Marin County Records; thence along said southerly line of Second Street South 83033'00" East 140.70 feet to the southwesterly line of Francisco Boulevard; thence leaving the southerly line of Second Street and along said southwesterly line of Francisco Boulevard, South 51°37'29" East 98.68 feet to the westerly line of Parcel 4, conveyed to the San Rafael Redevelopment Agency by deed recorded October 30, 1997, in Document No. 97-062019; thence along said westerly line South 11°32'07" West 95.76 feet to the True Point of Beginning; thence continuing along said westerly line South 11°32'07" West 189.48 feet; thence on a curve to the right tangent to the preceding course having a radius of 441.70 feet through a central angle of 36"01'12", an arc length of 277.68 feet to the easterly line of aforementioned Lincoln Avenue; thence along said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 60°08'08" East 473 feet, through a central angle of 01°17'20", an arc length of 10.64 feet; thence leaving said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 31136'30" West, a distance of 315.00 feet, through a central angle of 50°24'27", an arc length of 277.13 feet; thence North 12106'01" East 102.01 feet; thence North 06119'27" East 109.66 feet; thence leaving the westerly line of said tidal slough North 80050'15 " West 13.96 feet to the Point of Beginning. Said Parcel contains an area of 0.24 acres, more or less. Page U