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Home My WebLink AboutPW Loch Lomond Marina Easement1 SAN RAFAEL Agenda Item No: 4.i THE CITY WITH A MISSION Meeting Date: June 5, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works P� Prepared by: Bill Guerin City Manager Approval. Director of Public Works (JM) File No.: 09.06.67 TOPIC: RELOCATION OF A PUBLIC ACCESS EASEMENT AT THE VILLAGE AT LOCH LOMOND MARINA. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3, 4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL CALIFORNIA RECOMMENDATION: Adopt resolution and set a public hearing on the matter for July 17, 2017. BACKGROUND: On January 21, 2014, the City Council approved the final map for "The Village at Loch Lomond Marina Phase I", and the map was recorded on January 23, 2015 as Record Map 2015-12. As part of the subdivision approval and the project's San Francisco Bay Conservation and Development Commission (BCDC) permit, the developer was required to provide public access along the waterfront in the form of a boardwalk. The required Public Access Easement (PAE) is currently depicted over Lots I and 5 on the final map. The subdivision is currently under construction, and it has been determined that a modification is required to install the Harbormaster building on lot 5, which partially obstructs the original PAE. In order to address this issue, the developer proposes to relocate the original PAE slightly around the Harbormaster building. Council approval of this change is needed since it requires the vacation of a portion of the existing PAE. ANALYSIS: Public access through the property is provided via the Boardwalk, as originally intended as part of the subdivision. The attached Exhibit B to the proposed resolution shows the location of the existing and proposed PAE. A Harbormaster building has been approved FOR CITY CLERK ONLY File No.: 2-4-42 Council Meeting: 06/05/2017 Disposition: Resolution 14337 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 through the planning and building permit process; however, the Harbormaster building is partially situated in the area of the existing easement shown with red hatching on Exhibit B. The proposal is to modify the existing PAE to go around the Harbormaster building. The proposed modified easement will add the green -hatched area on Exhibit B to the remainder of the existing easement, shown in blue hatching. The PAE modification is necessary to provide continuity of access along the Boardwalk and eliminate overlap with the location of buildings. Recordation of revised easements and lot lines is required prior to building occupancy. California Streets and Highways Code Section 8320 gives the City Council the authority to initiate a proceeding for general vacation of the specified portion of the existing PAE. A lot line adjustment is being pursued separately by the subdivider to modify lot 5 such that the Harbormaster building is located fully within Lot 5. The general vacation procedure requires the City Council to set a public hearing to consider whether to approve the proposed vacation. Notices of the proposed vacation must be mailed, published and posted on the affected property for two weeks prior to the hearing. Staff is recommending that the Council adopt the attached resolution declaring the City's intention to vacate a portion of the subject PAE, and setting a public hearing on the matter for the Council's meeting of July 17, 2017. Following the hearing, the Council may adopt a resolution approving the vacation. Upon recordation of the resolution in the Office of the Marin County Recorder, the vacation becomes effective. At the same meeting, Staff intends to bring a resolution to accept the grant of the new easement required to complete the relocation of the PAE. FISCAL IMPACT: None. OPTIONS: 1. Adopt the resolution and schedule a public hearing for July 17, 2017. 2. Adopt the resolution and schedule the public hearing for a date more convenient to City Council. 3. Do not adopt the resolution of intention to vacate a portion of the public access easement and reject the proposal to relocate public access easement. This may limit the ability of the property owner to build and make improvements as approved through the planning process and may limit public access along the Boardwalk. Revision to the current Harbormaster project would be necessary. ACTION REQUIRED: Adopt the Resolution. ATTACHMENTS: 1. Resolution 2. Exhibits "A" and "B" to Resolution, Legal Description and Plat respectively RESOLUTION NO. 14337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3, 4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL, CALIFORNIA WHEREAS, the owner of Lots 3, 4 and 5 shown on the map entitled "The Village at Loch Lomond Marina Phase P', recorded on January 23, 2015 as Record Map 2015-12, has requested the relocation of a portion of the Public Access Easement currently situated on that property; and WHEREAS, the requested relocation of the Public Access Easement will require the vacation of a portion of the existing Public Access Easement and acceptance of a new Public Access Easement; and WHEREAS, the portion of the existing Public Access Easement proposed to be vacated is more particularly described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto and incorporated herein by reference, and is shown in red hatching on Exhibit "B", attached hereto and incorporated herein by reference; and WHEREAS, the new Public Access Easement proposed to be granted to the City is more particularly described under "Proposed Public Access Easement" in Exhibit "A" attached hereto, and is shown in green hatching on Exhibit `B"; and WHEREAS, the proposed relocation preserves the public use of the Public Access Easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AS FOLLOWS: That the City Council hereby declares its intention to close, vacate and abandon the portion of Public Access Easement described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto. 2. That the City Council hereby elects to proceed under the general vacation procedures in Section 8320 et seq. of the Public Streets, Highways, and Service Easements Vacation Law of the State of California. 3. That the City Council hereby declares its intention to accept a grant of a new Public Access Easement described under "Proposed Public Access Easement" in Exhibit "A" attached hereto. 4. That both the Public Access Easement proposed to be closed, abandoned and vacated, and the new Public Access Easement proposed to be granted to the City are described on the map attached as Exhibit `B" hereto. 5. That both the legal descriptions of said easements, Exhibit "A," and the map of said easements, Exhibit `B," are on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. 6. That Monday, the 17th day of July 2017, in the Council Chambers at the City Hall in the City of San Rafael, California is hereby set as the time and place for hearing all persons interested in the closing, abandoning and vacation of the proposed portion of existing Public Access Easement. 7. That the City Clerk and the Department of Public Works of the City of San Rafael shall mail to the affected property owner of Lots 3, 4 and 5 of The Village at Loch Lomond Marina Phase 1, and shall cause the publishing and posting of, a notice of easement vacation as to the easement proposed to be closed, abandoned and vacated, in the manner prescribed by Streets and Highways Code Sections 8320, 8322 and 8323. The contents of said notice shall conform to the requirements of Streets and Highways Code Section 8320(b) and shall include the time and place of the hearing, as hereinabove provided, and the adoption of the within Resolution of Intention. 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 5' day of June, 2017, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 2 EXHIBIT "A" Legal Descriptions PROPOSED PUBLIC ACCESS EASEMENT 76 Loch Lomond Drive (Lot 3) Being a portion of Lot 3 as said lot is shown on that certain map entitled The Village at Loch Lomond Marina Phase 1, filed as Book 2015 at Pagel 2, Marin County Records described as follows: Commencing at the most easterly corner of said lot 3; thence along the generally southeasterly line of said Lot 3 South 61°27'01" West 44.80 feet to the Point of Beginning; thence continuing along last said line South 61 °27'01" West 60.31 feet; thence along a non - tangent curve to the right, from which a radial line bears South 41°45'21" East to the radius point, having a radius of 132.00 feet, a central angle of 26°24'43" and an arc length of 60.85 feet to the Point of Beginning. 110 Loch Lomond Drive (Lot 4) Being a portion of Lot 4 as said lot is shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 at Page 12, Marin County Records and more particularly described as follows: Beginning at the most easterly corner of said lot 4, said point of beginning being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally southeasterly line of said Lot 4 South 31°13'36" West 31.45 feet and South 71°57'27" West 3.72 feet; thence North 18°02'33" West 25.59 feet; thence along a non -tangent curve to the left, from which a radial bears South 07°36'27" West to the radius point, having a radius of 106.50 feet, a central angle of 11'54'03" and an arc length of 22.12 feet to the northwesterly line of said Lot 4; thence along last said line North 61°27'01" East 31.87 feet to said southwesterly line of said Loch Lomond Drive; thence along a non -tangent curve to the left, from which a radial bears North 40°11'33" East to the radius point, having a radius of 65.00 feet, a central angle of 22°10'30" and an arc length of 25.16 feet to the Point of Beginning. VACATION OF PUBLIC ACCESS EASEMENT 99 Loch Lomond Drive (Lot 5) Being a portion of that certain Public Access Easement (PAE) within Lot 5 as said lot and easement are shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 of Maps at Page 12, Marin County Records and more particularly described as follows: Commencing at that the most easterly corner of Lot 4 as said lot is shown on said map said corner being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally northwesterly line of said Lot 4 South 61°27'01" West 31.87 feet to the Point of Beginning; thence continuing along last said line the following four (4) courses: 1. South 61°27'01" West 27.61 feet, 2. South 71°57'27" West 12.34 feet, 3. South 18°02'33" East 28.00 feet and 4. South 71°57'27" West 25.00 feet; thence along the southeasterly line of said PAE within said Lot 5 South 69°08'01" West 20.58 feet; thence North 18°02'33" West 18.77 feet; thence along a non -tangent curve to the right, from which a radial bears South 52°09'31" East to the radius point, having a radius of 106.50 feet, a central angle of 47°51'55" and an arc length of 88.97 feet to the Point of Beginning. LUT 3 76 LOCH LOMOND DR 016-070-16 2015-12 LOT 5 JJ LOCH LOMOND DR 016-070-09 2015-12 LEGEND PAE LOCH LOMOND DRIVE PROPOSED P, LOT 4 10 LOCH LOMOND 016-070-17 2015-12 PUBLIC ACCESS EASEMENT EXISTING EASEMENT PROPOSED EASEMENT VA CA TE EXISTING EASEMENT PROPOSED EASEMENT AREA EX PAE EXHIBIT B PUBLIC ACCESS EASMENT TO BE VACATED & ACCEPTED AFFECTING 76, 99, 110 LOCH LOMOND DRIVE (APNS 016-070-09, 016-070-16, 016-070-17 CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA PROPOSED PAE IDR 0 30 60 1 inch = 30 ft. x.11 J'A RUGGERI-JENSEN-AZAR ENGINEERS -PLANNER S ■ SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 SCALE: DATE: JOB NO.: 1"=30' 03-13-2017 1 1310021P ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 6/5/2017 From: Bill Guerin Department: Public Works Date: 5/22/2017 Topic: RELOCATION OF A PUBLIC ACCESS EASEMENT AT THE VILLAGE AT LOCH LOMOND MARINA Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE NOTICE OF INTENTION TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND ACCEPTANCE OF NEW PUBLIC ACCESS EASEMENTS FOR THE BOARDWALK ON LOTS 3, 4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL CALIFORNIA Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved -Van Bach 5/26/17 ® City Attorney Remarks: LG- Approved 5/26/17 with changes shown. Please do not attach Exhibit C to the report, and remove it from the T -Drive. ® Author, review and accept City Attorney / Finance changes Remarks: KM - changes accepted and Exhibit C removed from the T: Drive ® City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: